Archive for the ‘Remedial Law’ Category

Meaning of Competent Evidence in Rule of Evidence

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COMPETENT EVIDENCE– one that is not excluded by this Rules of Evidence, a stature or the Constitution.

Meaning of Material Evidence in Rule of Evidence

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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.

Define Relevant Evidence in Rule of Evidence

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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.

What is Testimonial Evidence in Rule of Evidence

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TESTIMONIAL EVIDENCE – is that which is submitted to the court through the testimony or deposition of a witness.

What is Documentary Evidence in Rule of Evidence

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DOCUMENTARY EVIDENCE – evidence supplied by written instruments or derived from conventional symbols, such as letters, by which ideas are represented on material substances.

What is Objective or Real Evidence in Rule of Evidence

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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.

Rule of Evidence in Court of Agrarian Relations

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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expropriation cases, which procedure has been superseded by the provisions of RA 6657.

Use of Rule of Evidence in Quasi-Judicial Proceeding

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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.

Alteration of Rule of Evidence as Ex Post Facto

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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.

Rules of Evidence in Criminal Cases

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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.