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Evidence Defined

evidence
Evidence Defined

Evidence Defined


Evidence 
Is the means, sanctioned by the rules of court, of ascertaining
in a judicial proceeding the truth respecting a matter of fact.

The mode and manner of proving competent facts in judicial
proceedings.(Bustos v. Lucero)

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
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and expropriation cases, which procedure has been superseded by the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.










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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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