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    AT2 CLJ

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    Jennielyn Villanueva

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    AT2 CLJ

    Uploaded by

    Jennielyn Villanueva
    16 views2 pages

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    AT2 clj

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    16 views2 pages

    AT2 CLJ

    Uploaded by

    Jennielyn Villanueva

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    Villanueva, Jennielyn G.

    AT2-CLJ5 Evidence

    1) Distinguish proof from evidence.


     Proof - The result or effect of evidence.
     Evidence The medium or means by which a fact is proved or disproved

    2) What is the Principle of Uniformity? Explain.


     As a general policy, the Rules on Evidence shall be the same in all courts
    and in all trials and hearing.

    3) What are the proceeding/case where the rules of court does not apply?
     1. Naturalization Proceeding;
     2. Insolvency Proceedings;
     3. Cadastral Proceedings;
     4. Other cases as may be provided by law;
     5. Land Registration cases; and
     6. Election cases
     Except by analogy or in suppletory character and whenever practicable and
    convenient

    4) Requisites of admissibility of evidence.


     1. The evidence is relevant to t
     2. The evidence is not excluded by the constitution, the law, or these rules
    (Competent)

    5) Distinguish evidence in civil case from evidence in criminal case.


     Evidence in Civil Case
    -The party having the burden of the proof must prove his claim by a
    preponderance of evidence.
    - An offer of compromise is not an admission of guilt of any liability and not
    admissible in evidence against the offeror
    - The concept of presumption of innocence does not apply and generally
    there is no presumption for or against a party except in certain cases
    provided by law.

     Evidence in Criminal Case


    - The guilt of the accused has to be proven beyond reasonable doubt
    - The same may be received in evidence as an admission of guilt except
    those involving quasi-offenses (Criminal Negligence) or those allowed by
    law to be compromised.
    - The accused enjoys the constitutional presumption of innocence.

    6) Distinguish factum probans from factum probandum.


     Factum Probandum
    - The fact or proposition to be established.
    - The fact to be proved, the fact which is in issue and to which the evidence is
    directed
    - Ultimate facts
    - Hypothetical
     Factum Probans
    - The facts or material evidencing the fact or proposition to be established.
    - The probative or evidentiary fact tending to prove the fact in
    - intermediate or evidentiary facts
    - Existent

    7) What is the general rule on collateral matters? Are there any exceptions to the
    general rule?
     General Rule: Evidence on collateral matters I s not allowed.
     Exceptions: Evidence on collateral matters shall be allowed when it tends in
    any reasonable degree to establish the probability or improbability of the fact
    in issue.

    8) What is the meaning of equipoise rule or equiponderance doctrine?


     IV. The Equipoise Rule: where the evidence of the parties is evenly balanced,
    the case will be resolved against the plaintiff, thus in criminal cases the
    accused must be acquitted and in civil cases, the complaint must be
    dismissed.

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