Escolar Documentos
Profissional Documentos
Cultura Documentos
1. Means to PROOF
2. Rules
3. Judicial Proceeding
a. Because involves deprivation of LLP
4. Purpose :TRUTH respecting a matter of fact
a. Only when there is question of fact, not a question of law
i. Factual matters that do not need proving
1. Admissions
2. Judicial Notice
3. Pre-trial stipulations
4. Conclusive Presumptions
In a civil case, factum probandum of plaintiff is the Cause of Action, for defendant,
elements of the defense
In a criminal case, FP for prosecution is elements of the crime, but defendant is
presumed innocent, unless may affirmative defense
Cases
Relevance
Relevance per se does not assure admissibility
At what stage admissibility determined - in pre-trial, kasi may facts and issue na
dito
How to determine admissibility logic and everyday experience, discretion of the
judge
Collateral matter always supplementary or corroborative evidence
Cases
Lopez v. Heesen
Collateral yung evidence on safety design ng ibang manufacturers, but held
admissible
Competence
Competence and credibility
Credibility believability
Who determines credibility of witness judge, because judge is in the best position
to observe the witnesses demeanor
Minor inconsistencies are badges of truth