CRIMINAL EVIDENCE

Admission - any statement of fact made by a party Conclusive Evidence - the class of evidence which
against his interest the law does not allow
or unfavorable to the conclusion for which he to be contradicted.
contends or is inconsistent
with the facts alleged by him. Confession - categorical acknowledgement of guilt
made by an accused
in a criminal case, without any exculpatory statement
Best Evidence Rule - is that rule which requires the or explanation.
highest grade of If the accused admits having committed the act in
evidence obtainable to prove a disputed fact. question but alleges
a justification therefore, the same is merely an
Burden Of Evidence - logical necessity on a admission.
party during a particular time of the trail to create a
prima facie case in his favor or to destroy that Judicial Confession - one made before a court in
created against him by presenting evidence. which the case
is pending and in the course of legal proceedings
Burden Of Proof/Risk of Non-Persuasion - the therein and,
duty of a party to present by itself, can sustain a conviction even in capital
evidence on the facts in issue necessary to establish offenses.
his claim or defense
by the amount of evidence required by law. Extra Judicial Confession - one made in any
other place or
occasion and cannot sustain a conviction unless
Character - the aggregate of the moral qualities corroborated by
which belong to and evidence of the corpus delicti. This section refers
distinguish an individual person. to extrajudicial
confessions.
Circumstantial Evidence - is the proof of a fact or
facts from which Corroborative Evidence - is additional evidence of
taken either singly or collectively, the existence or a a difference character
particular to the same point.
fact in dispute may be inferred as a necessary or
probable consequence. Cumulative Evidence - evidence of the same kind
and to the same state
Common Reputation - is the definite opinion of the of facts.
community in which
the fact to be proved is known or exists. It means the
general or Demonstrative Evidence - is a tangible evidence
substantially undivided reputation, as distinguished that merely illustrates
from a partial or a matter of importance in the litigation such as maps,
qualified one, although it need not be unanimous. diagrams,
models, summaries and other materials created
Competency Of A Witness - is the legal fitness or especially for litigation.
ability of a witness
to be heard on the trial of a cause. Direct Evidence - that which proves the fact in
dispute without the
Competent Evidence - one that is not excluded by aid of any inference or presumption.
this Rules, a statute
or the Constitution. Doctine Of Processual Presumption - absent any of
the evidence or admission,
Compromise - is an agreement made between two or the foreign law is presumed to be the same as that in
more parties as a the Philippines.
settlement matters in dispute.

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 knowledge on questions on which he proposes to
express an opinion.
Document - any substance having any matter
expressed or described upon Express Admissions - are those made in definite,
it by marks capable of being read. certain and unequivocal
- is a deed, instrument or other duly authorized language.
appear by
which something is proved, evidenced or set forth. Extra Judicial Admissions - are those made out of
court, or in a judicial
Documentary Evidence - evidence supplied by proceeding other than the one under consideration.
written instruments or derived
from conventional symbols, such as letters, by which
ideas are represented Fact - thing done or existing.
on material substances.
Facts In Issue - are those facts which the plaintiff
Dying Declaration - The ante mortem statements must prove in order
made by a person after to establish his claim and those facts which the
the mortal wound has been inflicted under the belief defendant must prove
that the death is in order to establish a defense set up by him, but only
certain, stating the fact concerning the cause of and when the fact
the circumstances alleged by the one party is not admitted by the other
surrounding the attack. party.

Facts Relevant To The Issue - are those facts which

Equipose Rule - Where the evidence gives rise to render the probable
two probabilities, existence or non-existence of a fact in issue, or some
one consistent with defendant’s innocence, and other relevant
another indicative of fact.
his guilt, that which is favorable to the accused
should be considered. Factum Probandum - the ultimate fact or the fact
sought to be established.
Estoppel By Deed – the tenant is not permitted to - Refers to proposition
deny title of his
landlord at the time of the commencement of the Factum Probans - is the evidentiary fact or the fact
land-lord tenant by which the factum
relationship. If the title asserted is one that is alleged probandum is to be established. Materials which
to have been establish the proposition.
acquired subsequent to the commencement of that
relation, the presumption
will not apply. Hearsay Rule - Any evidence, whether oral or
documentary is hearsay if
Estoppel In Pais - whenever a party has, by his own its probative value is not based on the personal
declaration, act, knowledge of the
or omission, intentionally and deliberately lead witness but on the knowledge of some other person
another to believe a not on the witness
particular thing to be true and act upon such belief, he stand.
cannot, in
any litigation arising out of such declaration, act or
omission, be Impeaching Evidence - a proper foundation must be
permitted to falsify it. laid for the impeaching
questions, by calling attention of such party to his
Expert Witness - one who belongs to the profession former statement
or calling to which so as to give him an opportunity to explain before
the subject matter of the inquiry relates to and who such admissions are
possesses special offered in evidence.

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Implied Admissions - are those which may be fact in issue as
inferred from the acts, determined by the rules of substantive law and
declarations or omission of a party. Therefore, an pleadings. The test is
admission may be
whether the fact it intends to prove is an issue or not.
implied from conduct, statement of silence of a party.
AS to whether
Independent Evidence - admissions are original a fact is in issue or not is in turn determined by the
evidence and no foundation substantive law,
is necessary for their introduction in evidence the pleadings, the pre-trial order and by the
admissions or confessions
Intermediate Ambiguity - situation where an on file. Consequently, evidence may be relevant but
ambiguity partakes of the
may be immaterial
nature of both patent and latent. In this, the words are
seemingly in the case.
clear and with a settled meaning, is actually
equivocal and admits of
two interpretations. Here, parol evidence is Negative Evidence - when the witness did not see or
admissible to clarify know of the occurrence
the ambiguity provided that the matter is put in issue of a fact. There is a total disclaimer of persona
by the pleader.
knowledge, hence without
Example: Dollars, tons and ounces.
any representation or disavowal that the fact in
Issue - is the point or points in question, at the question could or could
conclusion of the not have existed or happened. It is admissible only if
pleadings which one side affirms, and the other side it tends to
denies. contradict positive evidence of the other side or
would tend to exclude
the existence of fact sworn to by the other side.
Judicial Admissions - are those so made in the
pleadings filed or in
the progress of a trial. Object Evidence - is a tangible object that played
- It is one made in connection with a some actual role on
judicial the matter that gave rise to the litigation. For
proceeding in which it is offered, while an instance, a knife.
extrajudicial admission
is any other admission. Objective or Real Evidence - directly addressed to
the senses of the
Judicial Notice - no more than that the court will court and consist of tangible things exhibited or
bring to its aid demonstrated in open
and consider, without proof of the facts, its court, in an ocular inspection, or at place designated
knowledge of those by the court
matters of public concern which are known by all for its view or observation of an exhibition,
well-informed experiment or demonstration.
persons. This is referred to as autoptic preference.
- cognizance of certain facts which judges
may take Omnia praesumuntur rite et solemniter esse acta
and act on without proof because they are already donec probetur in
known to them. contrarium – all things are presumed to have been
done regularly and
with due formality until the contrary is proved.
Material Evidence - evidence directed to prove a
Opinion - an inference or conclusion drawn from

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facts observed. expressly directs to be made from particular facts.

Ordinary Opinion Evidence - that which is given Presumption Hominis Or Of Fact – is a

by a witness who is deduction which reason
of ordinary capacity and who has by opportunity draws from facts proved without an express
acquired a particular direction from the
knowledge which is outside the limits of common law to that effect.
observation and which
may be of value in elucidating a matter under Prima Facie Evidence - that which is standing alone,
consideration. unexplained or
uncontradicted, is sufficient to maintain the
proposition affirmed.
Parole Evidence - any evidence aliunde, whether
oral or written, which Primary Evidence - that which the law regards as
is intended or tends to vary or contradict a complete affording the greatest
and enforceable certainty of the fact in question. Also referred to as
agreement embodied in a document. the best evidence.

Patent or Extrinsic Ambiguity - is such ambiguity Privies - those who have mutual or successive
which is apparent on relationship to the
the face of the writing itself and requires something same right of property or subject matter, such as
to be added in “personal
order to ascertain the meaning of the words used. In representatives, heirs, devisees, legatees, assigns,
this case, parol voluntary grantee
evidence is not admissible, otherwise the court would or judgment creditors or purchasers from them
be creating a without notices to the fact.
contract between the parties.
Privity - mutual succession of relationship to the
Pedigree - includes relationship, family genealogy, same rights of property.
birth, marriage,
death, the dates when, and the placer where these Proof - the result or effect of evidence. When the
facts occurred and requisite quantum
the names of their relatives. It embraces also facts of of evidence of a particular fact has been duly
family history admitted and given weight,
intimately connected with pedigree. the result is called the proof of such fact.

Positive Evidence - when the witness affirms that a

fact did or did not Relevant Evidence - evidence having any value in
occur. Entitled to a greater weight since the witness reason as tending to
represents of his prove any matter provable in an action. The test is the
personal knowledge the presence or absence of a fact. logical relation
of the evidentiary fact to the fact in issue, whether the
Presumption - An inference as to the existence or former tends
non-existence of a to establish the probability or improbability of the
fact which courts are permitted to draw from the latter.
proof of other facts.
Res Gestae - literally means things done; it includes
Presumption Juris Or Of Law – is a deduction circumstances,
which the law facts, and declarations incidental to the main facts or

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transaction
necessary to illustrate its character and also includes
acts, words,
or declarations which are closely connected therewith
as to constitute
part of the transaction.

Rule Of Exclusion - that which is secondary

evidence cannot inceptively
be introduced as the original writing itself must be
produced in court,
except in the four instances mentioned in Section 3.

Secondary Evidence - that which is inferior to the

primary evidence and
is permitted by law only when the best evidence is
not available.
Known as the substitutionary evidence.
- shows that better or primary evidence
exists as to
the proof of fact in question. It is deemed less
reliable.

Self Serving Declaration - is one which has been

made extrajudicially
by the party to favor his interests. It is not admissible
in evidence.

Testimonial Evidence - is that which is submitted to

the court through
the testimony or deposition of a witness.

Unsound Mind - any mental aberration, whether

organic or functional, or
induced by drugs or hypnosis.

Witness - reference to a person who testifies in a

case or gives evidence
before a judicial tribunal.

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