Family and Crime
EVIDENCE
Scope of Law on Evidence
1. Prescribes the manner of presenting evidence (Burden of Proof, rules 131-132); 2.Fixes the qualification and privilege of witnesses and the mode of examining them (Rule 132); 3.Determines among the probative matters, things which are logically and in their nature evidential, and what classes of things shall not be received. This excluding function of rules of exclusion is the chief characteristic of our law on evidence (Rules of Admissibility 128-130).
TWO PRINCIPAL PROBLEMS IN EVIDENCE: 1. How to determine which evidence is admissible; and 2. Having determined that the evidence is admissible, how to present that evidence in a manner that would make the court admit it once it is offered.
Rule 128
GENERAL PROVISIONS
Section 1. Concept of Evidence
EVIDENCE is the means, sanctioned by the Rules of Court, of ascertaining in a judicial proceeding the truth respecting a matter of fact
Every evidential question involves the relationship between the factum probans and the factum probandum.
FACTUM PROBANDUM - the ultimate fact sought to be established.
It may be ascertained in: a) pleadings submitted by the parties b) pre-trial order c) issues which are tried with the express or implied consent of the parties. (Sec. 5, Rule 10)
FACTUM PROBANS - the material evidencing the proposition. It is the fact by which the factum probandum is established.
Admissibility or inadmissibility of evidence is determined in accordance with the law in force at the time the evidence is presented. Therefore, there is no vested right of evidence. Evidence otherwise inadmissible under the law at the time the action accrued, may be received in evidence provided that it is admissible under the law in force during the trial.
CLASSIFICATION OF EVIDENCE:
Depending on its ability to establish the fact in dispute, an evidence may be: * 1. Direct evidence—evidence which
Scope of Law on Evidence
1. Prescribes the manner of presenting evidence (Burden of Proof, rules 131-132); 2.Fixes the qualification and privilege of witnesses and the mode of examining them (Rule 132); 3.Determines among the probative matters, things which are logically and in their nature evidential, and what classes of things shall not be received. This excluding function of rules of exclusion is the chief characteristic of our law on evidence (Rules of Admissibility 128-130).
TWO PRINCIPAL PROBLEMS IN EVIDENCE: 1. How to determine which evidence is admissible; and 2. Having determined that the evidence is admissible, how to present that evidence in a manner that would make the court admit it once it is offered.
Rule 128
GENERAL PROVISIONS
Section 1. Concept of Evidence
EVIDENCE is the means, sanctioned by the Rules of Court, of ascertaining in a judicial proceeding the truth respecting a matter of fact
Every evidential question involves the relationship between the factum probans and the factum probandum.
FACTUM PROBANDUM - the ultimate fact sought to be established.
It may be ascertained in: a) pleadings submitted by the parties b) pre-trial order c) issues which are tried with the express or implied consent of the parties. (Sec. 5, Rule 10)
FACTUM PROBANS - the material evidencing the proposition. It is the fact by which the factum probandum is established.
Admissibility or inadmissibility of evidence is determined in accordance with the law in force at the time the evidence is presented. Therefore, there is no vested right of evidence. Evidence otherwise inadmissible under the law at the time the action accrued, may be received in evidence provided that it is admissible under the law in force during the trial.
CLASSIFICATION OF EVIDENCE:
Depending on its ability to establish the fact in dispute, an evidence may be: * 1. Direct evidence—evidence which