It is important to note the different kinds of evidence to be used - TopicsExpress

It is important to note the different kinds of evidence to be used in proceedings. For example, factum probandum (material facts) as against factum probans (evidentiary facts). The first one are the ones alleged in the complaint, and are also known as ultimate facts. The second kind is shown throughout proceedings in evidence, and seeks to establish factum probans. What is important is that the chain of causation must be established. Direct evidence provides materials which support a conclusion without need for any other proof. Circumstantial evidence, on the other hand, for it to be useful in the courtroom, must be more than one, the facts from which the inferences are derived have already been proven, and that a combination of these point to the conclusion of a conviction beyond reasonable doubt. Furthermore, they must all be consistent with each other as well as consistent with the conclusion, as noted in People v. Santiago (2003). Evidence is brought into the courtroom via the witnesses. It can be marked previously during pre-trial or preliminary conference, or not at all. It must be presented, and then identified by the witness (ordinary witness) as a matter of fact and based on personal knowledge, attesting to its validity and veracity. Otherwise, without the identification, the only thing proven is the existence of the document. If it has not been previously marked, it is then considered marked. The defense exhibits are numbered while the prosecution uses alphabets. Only pieces of evidence duly presented in this manner may be validly considered in reaching the verdict. Ordinary witnesses may only testify in terms of personal experience, as regards the identity of a person with whom he has sufficient knowledge, handwriting he is familiar with, and the mental sanity of a person with whom he is sufficiently acquainted, as stated by Rule 130, Sec 50. For expert witnesses, they are invited to give their opinions based on their skills, education and training, from the pool of facts previously presented. In other words, the ordinary witnesses verify written accounts as well as other documents, and the expert witnesses tie them all up together. Primary evidence, such as original birth certificates, is also preferred. Unless there is a showing that such is not available, or could not be available, then secondary evidence, as photocopies of the original, shall not be deemed accepted by the Court. This is also known as the Best Evidence Rule. Sources: Morales #UPLaw #ReviewNotes #Evidence