Remedial Law Reviewer- Evidence (Syllabus-Atty.Dabu) by Jaime B. Ibarra Jr.I. Meaning of evidence Is the means, sanctioned by these rules, of ascertaining in a judicial proceeding the truth respecting a matter of fact.i. Proof vs. Evidenceo Proof is not the evidence itself, there is proof only because of evidence. It is merely the probative effect ofevidence and is the conviction or persuasion of the mind resulting from a consideration of the evidence.o Proof is the effect or result of evidence, while evidence is the medium of proof.ii. Direct evidence vs. Circumstantial evidenceo Direct evidence establishes the eistence of a fact in issue without the aid of any inference or presumption. !he witness testifies directly of his own "nowledge as to the main facts to be proved. o Circumstantial evidence does not prove the eistence of a fact in issue directly, but merely provides for logical inference that such fact really eists. Each proof is given of facts and circumstances from which the court may infer other connected facts, which reasonably follow, according to the common eperience of man"ind.iii. Positive evidence vs. #egative evidenceo Positive $ when witness affirms in the stand that a certain state of facts does eist or that a certain event happened.o #egative $ when witness states that an event did not occur or that the state of facts alleged to eist does not actually eist. Denial is a form of negative defense.iv. %urden of proof &onus probandi' vs. %urden of evidenceo %urden of proof$ it is the duty of a party to present evidence on the facts in issue necessary to establish hisclaim or defense by the amount of evidence re(uired by law.o %urden of evidence$ it is the duty of a party to provide evidence at any stage of the trial until he established a prima facie case or the li"e duty of adverse party to overthrow that prima facie case thus established.II. Kinds of evidence). *bject &real' evidence !hose addressed to the senses of the court. +hen an object is relevant to the fact in issue, it may be ehibited to, eamined or viewed by the court.%. Documentary evidence !hose evidences consist of writings or any material containing letters, words, numbers, figures or symbols or other modes of written epressions offered as proof of their contents.C. !estimonial evidence !hose evidences elicited from the mouth of a witness. III. Admissibility of Evidence,. -e(uisites for admissibility of Evidenceo -elevancy such a relation to the facts as to induce belief in its eistence or non$eistence.o Competency if not ecluded by law or by the rules... !est of determining the relevancy or evidence -elationship between the fact in issue and the offered evidence/. -elevance of evidence on the credibility of a witness In every proceeding, the credibility of the witness is always an issue because it has the inherent tendency to prove or disprove the truthfulness of his assertions and conse(uently the probative value of the proffered evidence.IV. Exclusionary Rule1Remedial Law Reviewer- Evidence (Syllabus-Atty.Dabu) by Jaime B. Ibarra Jr.,.0nder the Constitutioni. )rt. II, 1ections ., /, ,. and ,2o1ection .. !he right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and sei3ures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue ecept upon probable cause to be determined personally by the judge after eamination under oath or affirmation of the complainant and the witnesses he may produce, and particularlydescribing the place to be searched and the persons or things to be sei3ed.o1ection /. &,' !he privacy of communication and correspondence shall be inviolable ecept upon lawful order of the court, or when public safety or order re(uires otherwise, as prescribed by law.&.' )ny evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding.o1ection ,.. &,' )ny person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the servicesof counsel, he must be provided with one. !hese rights cannot be waived ecept in writing and in the presence of counsel. &.' #o torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him. 1ecret detention places, solitary, incommunicado, or other similar forms of detention are prohibited. &/' )ny confession or admission obtained in violation of this or 1ection ,2 hereof shall be inadmissible in evidence against him. &4' !he law shall provide for penal and civil sanctions for violations of this section as well as compensation to and rehabilitation of victims of torture or similar practices, and their families.o1ection ,2. #o person shall be compelled to be a witness against himself.ii. 5ruits of the poisonous tree doctrine !he doctrine spea"s of that illegally sei3ed documents, papers and things are inadmissiblein evidence. Purpose6 practical means of enforcing the constitutional injunction against unreasonable searches and sei3ers... 0nder the 7aw,' Chain of Custody in Drug Cases6 1ection .,, )rticle II, -.). 8,9:.' -.). 4.;;$ )nti$+ire !apping )ct/' -.). 8/2.$ /' +hen the original consist of numerous accounts or other documents which cannot be eamined in court without great loss of time and the fact sought to be

Remedial Law Reviewer- Evidence (Syllabus-Atty.Dabu) by Jaime B. Ibarra Jr.established from them is only the general result of the whole &?oluminous records'>4' +hen the original is a public record or is recorded in a public office. +hy is the %est Evidence -ule often described as a misnomer@ %ecause it merely re(uires the best evidence available and the absence thereof, allows the introduction of secondary evidence. It is a misnomer because it is applicable only to documentary evidence and not to testimonial and object evidence. .' Introduction of secondary evidenceo 1econdary evidence $ is that which shows that better or primary evidence eists as to proof of the fact in (uestion. It is the class of evidence that is relevant to the fact in issue, it being first shown that the primary evidence of the fact is not obtainable. It performs thesame functions as that of primary evidence.o +hen@ It may be admitted only by laying the basis for its production and such re(uires compliance with the following6,' !he offeror must prove the due eecution and eistence of the original document.' !he offeror must show the cause of its unavailability/' !he offeror must show that he unavailability was not due to his bad faitho *rder of presentation of secondary evidence,' Copy of the original.' ) recital of the contents of the document in some authentic document/' %y the testimony of witness/' Parole evidence rule It states that when the terms of an agreement have been reduced to writing, it is considered as containing all the terms agreed upon and there can be, between the parties and their successor$in$interest, no evidence of such terms other than the contents of the written agreement.o It is any evidence aliunde &etrinsic evidence' which is intended or tends to vary or contradict a complete and enforceable agreement embodied in a document. It may refer totestimonial, real or documentary evidence. o -ationale6,' !o give stability to written statements.' !o remove the temptation and possibility of perjury/' !o prevent possible fraudo -e(uisites for application of Parole evidence -ule,' !here must be a valid contract.' !he terms of the agreement must be reduced to writing/' !he dispute is between the parties or their successor$in$interest4' !here is dispute as to the terms of the agreemento Eceptions to the Parole Evidence -ule,' )n intrinsic ambiguity, mista"e or imperfection in the written agreement.' 5ailure of the written agreement to epress the true intent of the parties/' ?alidity of the written agreement4' Eistence of other terms agreed to by the parties or heir successors$in$interest after the eecution of the written agreement.4' Interpretation of documents:' Electronic documentso )pplication6 apply to all civil actions and proceedings as well as (uasi$judicial and administrative cases.o -e(uisite for admissibility6!Remedial Law Reviewer- Evidence (Syllabus-Atty.Dabu) by Jaime B. Ibarra Jr.,' Complies with the rules on admissibility.' )uthenticated in the manner prescribed by the -ules on Electronic Evidence.o