B.

Definition
1. Object (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 proference since it proffers or
presents in open court the evidentiary articles for observation or
inspection
2. Documentary Evidence: Evidence supplied by written instruments or
derived from conventional symbols, such as letters, by which ideas are
represented on material substances
- Rule 130 Sec 2: writings or any material containing letters, words,
numbers, figures, symbols or other modes of written expression
offered as proof of their contents
3. Testimonial Evidence: That which is submitted to the court through the
testimony or deposition of a witness.
Other Classification:
a)
b)
c)
d)
e)
f)

Direct: that which proves the fact in dispute w/o the aid of any
inference or presumption
Circumstantial: proof of a fact or facts from which, taken either
singly or collectively, the existence of a particular fact in dispute
may be inferred as a necessary or probable consequence.
Corroborative: additional evidence of a different character to the
same point.
Cumulative: evidence of the same kind and to the same state of
facts.
Positive: when the witness affirms that a fact did or did not occur.

Entitled to a greater weight since the witness represents of

his personal knowledge the presence or absence of a fact.
Negative Evidence: when the witness did not see or know of the
occurrence of a fact.

Lesser weight since there is a total disclaimer of personal

knowledge, hence without any representation that the fact

g)
h)
i)
j)
k)
l)

could or could not have existed or happened.

It is admissible only if it tends to contradict positive

evidence of the other side or would tend to exclude the
existence of fact sworn to by the other side.
Conclusive: the class of evidence which the law does not allow to be
contradicted.
Prima Facie: that which, standing alone, unexplained or
uncontradicted, is sufficient to maintain the proposition affirmed
Primary: that which the law regards as affording the greatest
certainty of the fact in question. Also known as best evidence.
Secondary: that which is inferior to the primary evidence and is
permitted by law only when the best evidence is not available. Also
known as substitutionary evidence.
Expert evidence testimony of a witness regarding a question of science,
art or trade, when he is skilled therein
REBUTTING EVIDENCE. That which is given by a party in the cause to
explain, repel, counteract or disprove facts given in evidence on the other
side.
-evidence given by the plaintiff, to explain or repel the evidence given by
the defendant

m) Relevant, Material, and Competent Evidence

Relevant: evidence having any value in reason as tending to prove

any matter provable in an action.
TEST: 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.
Material: evidence directed to prove a fact in issue as determined
by the rules of substantive law and pleadings.
TEST: w/n the fact it intends to prove is an issue or not.
W/N a fact is in issue: Determined by substantive law,pleadings,
pre-trial order and by admissions or confessions on file.
Evidence may be relevant BUT may be immaterial.
Competent: one that is not excluded by the Rules, statutes or the
Constitution