Evidence Module 1 Atty A.D.G.

ST. ELIZABETH GLOBAL SKILLS INSTITUTE, INC.
Esguerra Dist., Maharlika Highway, Talavera, Nueva Ecija

CRIMINOLOGY DEPARTMENT
EVIDENCE
1st Semester A.Y. 2021-2022
MODULE 1
Learning Objectives:
At the end of the module 1, you should able to:
1. Learn the basic concepts in EVIDENCE;
RULE 128
GENERAL PROVISIONS
Section 1. Evidence defined
Evidence is the means, sanctioned by these rules, of ascertaining

in a judicial proceeding the truth respecting a matter of fact.
Section 2. Scope
PROOF - the result or effect of evidence. When the

requisite quantum of evidence of a particular fact has
been duly admitted and given weight, the result is
called the proof of such fact.
FACTUM PROBANDUM
- the ultimate fact or the fact sought to be established.
- Refers to proposition
FACTUM PROBANS
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- is the evidentiary fact or the fact by which the factum
probandum is to be established.
- Materials which establish the proposition.
The law of evidence is fundamentally a procedural law.
In criminal cases, if the alteration of these rules may

validly be made applicable to cases pending at the time of such
change, as the parties to an action have no vested right in the
rules of evidence.
In criminal cases, if the alteration of these rules of

evidence would, for instance, permit the reception of a lesser
quantum of evidence than what the law required at the time of the
commission of the offense in order to convict, then the
retroactive application of such amendatory law would be
unconstitutional for being ex post facto.
The rules of evidence are specifically applicable only in

judicial proceedings.
In quasi-judicial proceedings, the rules of evidence shall

apply by analogy, or in a suppletory character and whenever
practicable and convenient except where the governing law on that
particular proceeding specifically adopts the rules of evidence
in the Rules of Court.
In cases before the Court of Agrarian Relations, the Rules

of Court were not applicable even in a suppletory character,
except in criminal and expropriation cases, which procedure has
been superseded by the provisions of RA 6657.
CLASSIFICATION OF EVIDENCE ACCORDING TO FORM
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1. OBJECTIVE OR REAL EVIDENCE – directly addressed to the
senses of the court and consist of tangible things
exhibited or demonstrated in open court, in an ocular
inspection, or at place designated by the court for its
view or observation of an exhibition, experiment or
demonstration. This is referred to as autoptic preference.
2. DOCUMENTARY EVIDENCE – evidence supplied by written
instruments or derived from conventional symbols, such as
letters, by which ideas are represented on material
substances .
3. TESTIMONIAL EVIDENCE – is that which is submitted to the
court through the testimony or deposition of a witness.
RELEVANT, MATERIAL AND COMPETENT EVIDENCE
RELEVANT EVIDENCE – evidence having any value in reason as

tending to prove any matter provable in an action. The test is
the logical relation of the evidentiary fact to the fact in
issue, whether the former tends to establish the probability or
improbability of the latter.
MATERIAL EVIDENCE – evidence directed to prove a fact in issue as

determined by the rules of substantive law and pleadings. The
test is whether the fact it intends to prove is an issue or not.
AS to whether a fact is in issue or not is in turn determined by
the substantive law, the pleadings, the pre-trial order and by
the admissions or confessions on file. Consequently, evidence may
be relevant but may be immaterial in the case.
COMPETENT EVIDENCE– one that is not excluded by this Rules, a

stature or the Constitution.
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DIRECT AND CIRCUMSTANTIAL EVIDENCE
DIRECT EVIDENCE – that which proves the fact in dispute without

the aid of any inference or presumption.
CIRCUMSTANTIAL EVIDENCE - is the proof of a fact or facts from

which taken either singly or collectively, the existence or a
particular fact in dispute may be inferred as a necessary or
probable consequence.
CUMULATIVE AND CORROBORATIVE EVIDENCE
CUMULATIVE EVIDENCE – evidence of the same kind and to the same

state of facts.
CORROBORATIVE EVIDENCE – is additional evidence of a difference

character to the same point.
PRIMA FACIE AND CONCLUSIVE EVIDENCE
PRIMA FACIE EVIDENCE – that which is standing alone, unexplained

or uncontradicted, is sufficient to maintain the proposition
affirmed.
CONCLUSVE EVIDENCE – the class of evidence which the law does not
allow to be contradicted.
PRIMARY AND SECONDARY EVIDENCE
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PRIMARY EVIDENCE – that which the law regards as affording the
greatest certainty of the fact in question. Also referred to as
the best evidence.
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.
POSITIVE AND NEGATIVE EVIDENCE
POSITIVE EVIDENCE – when the witness affirms that a fact did or

did not occur. Entitled to a greater weight since the witness
represents of his personal knowledge the presence or absence of a
fact.
NEGATIVE EVIDENCE - when the witness did not see or know of the
occurrence of a fact. There is a total disclaimer of persona
knowledge, hence without any representation or disavowal that the
fact in question could or could not have existed or happened. It
is admissible only if it tends to contradict positive evidence of
the other side or would tend to exclude the existence of fact
sworn to by the other side.
ST. ELIZABETH GLOBAL SKILLS INSTITUTE, INC.
MODULE 1 Page 5
Esguerra Dist., Maharlika Highway, Talavera, Nueva Ecija
CRIMINOLOGY DEPARTMENT
ACTIVITY NO. 1
NAME:__________________________________ RATING:________________
SECTION:_________ DATE:__________ PROFESSOR:___________________
INSTRUCTION. Answer the following questions briefly. Utilization

of additional sheet of paper if necessary is permissible. (10 pts
each)
1. Give Examples of the Different Types of Evidence as to Form.

____________________________________________________________
____________________________________________________________
____________________________________________________________
________________________________________________________
2. Distinguish Factum Probandum from Factum Probans.

____________________________________________________________
____________________________________________________________
____________________________________________________________
________________________________________________________
MODULE 1 Page 6

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ST. ELIZABETH GLOBAL SKILLS INSTITUTE, INC.

Esguerra Dist., Maharlika Highway, Talavera, Nueva Ecija

Evidence is the means, sanctioned by these rules, of ascertaining

PROOF - the result or effect of evidence. When the

The law of evidence is fundamentally a procedural law.

In criminal cases, if the alteration of these rules may

In criminal cases, if the alteration of these rules of

The rules of evidence are specifically applicable only in

In quasi-judicial proceedings, the rules of evidence shall

In cases before the Court of Agrarian Relations, the Rules

RELEVANT, MATERIAL AND COMPETENT EVIDENCE

RELEVANT EVIDENCE – evidence having any value in reason as

MATERIAL EVIDENCE – evidence directed to prove a fact in issue as

COMPETENT EVIDENCE– one that is not excluded by this Rules, a

DIRECT EVIDENCE – that which proves the fact in dispute without

CIRCUMSTANTIAL EVIDENCE - is the proof of a fact or facts from

CUMULATIVE AND CORROBORATIVE EVIDENCE

CUMULATIVE EVIDENCE – evidence of the same kind and to the same

CORROBORATIVE EVIDENCE – is additional evidence of a difference

PRIMA FACIE AND CONCLUSIVE EVIDENCE

PRIMA FACIE EVIDENCE – that which is standing alone, unexplained

PRIMARY AND SECONDARY EVIDENCE

SECONDARY EVIDENCE – that which is inferior to the primary

POSITIVE AND NEGATIVE EVIDENCE

POSITIVE EVIDENCE – when the witness affirms that a fact did or

ST. ELIZABETH GLOBAL SKILLS INSTITUTE, INC.

INSTRUCTION. Answer the following questions briefly. Utilization

1. Give Examples of the Different Types of Evidence as to Form.

2. Distinguish Factum Probandum from Factum Probans.

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