DEFINATION OF TERMS
electronic data message or electronic
Q: What is Evidence?
A: Evidence is the means,
sanctioned by these rules, of
ascertaining in a judicial proceeding the
truth respecting a matter of fact.
Q: What is factum probandum?
A: Factum probandum – is the
ultimate fact or facts sought to be
established.
Q: What is factum probans?
A: Factum probans – is the
evidenciary fact or facts by which
factum probandum is to be established.
Q: What is Object or Real Evidence?
A: Object or Real Evidence – is the
kind of evidence which is directly
addressed to the senses of the court and
consists of tangible things exhibited,
viewed, or demonstrated in open court.
(Sec. 1, Rule 130)
Q: What is Documentary Evidence?
A: Documentary Evidence – is an
evidence of writing or any material
containing letters, words, numbers,
symbols or other modes of written
expression offered as proof of their
contents. (Sec. 2, Rule 130)
Q: What is Electronic Document or
Electronic Data Message?
A: “Electronic document” – refers to
information or the representation of
information, data, figures, symbols or
other written expression, described or
however represented, by which a right
is established or an obligation
extinguished, or by which a fact may be
proved and affirmed, which is received,
recorder, transmitted, stored,
processed, retrieved or produced
electronically. It includes digitally
signed documents and any printout or
output, readable by sight or other
means, which accurately reflects the
document. For purposes of these Rules,
the terms ‘electronic document’ may be
used interchangeable with ‘electronic
data message’. (Sec. 1, [h], Rule 2 of the
A.M No. 01-7-01-SC, otherwise known
as the Electronic Evidence Rule)
Q: What is Testimonial Evidence? “Viva
Voce Evidence”? “Evidence of the Living
Voice”?
A: Testimonial Evidence – is an oral
evidence given by the witness on the
witness stand or in any proceeding.
Q: What is direct evidence?
A: Direct evidence – is the kind of
evidence if believed proves the fact in
issue.
Q: What is circumstantial evidence?
A: Circumstantial Evidence – is that
evidence which proves a fact or series of
facts from which the facts in issue may
be established by inference.
Q: What is demonstrative evidence?
A: Demonstrative Evidence – is the
kind of evidence which demonstrate the
real thing.
Q: What is corroborative evidence?
A: Corroborative Evidence – is the
kind of evidence which merely
supplements evidence which has
already been given tending to
strengthen the same.
Q: What is cumulative evidence?
A: Cumulative Evidence – is the
kind of evidence which is the same kind
and character tending to prove the same
proposition.
Q: What is positive evidence/testimony?
A: Positive evidence (Testimony) –
is a kind of evidence in which affirms
that a fact did or did not occur.

Q: What is negative evidence?
A: is the kind of evidence/testimony
to prove that a certain fact did not exist.
Q: What is prima facie evidence?
A: Prima facie evidence – denotes
evidence which, if unexplained or
uncontradicted, is sufficient to sustain
the proposition it supports or to
establish the facts – prima facie means it
“sufficient to establish a fact or raise a
presumption unless disproved or
rebutted.”
Q: What is conclusive evidence?
A: Conclusive evidence – On
proceedings before administrative and
quasi-judicial agencies, the quantum of
evidence required to establish a fact is
substantial evidence, or that level of
relevant evidence which a reasonable
mind might accept as adequate to justify
a conclusion.
Q: What is preponderance of evidence?
A: Preponderance of Evidence – is
the weight, credit, and value of the
aggregate evidence on either side and is
usually considered to be synonymous
with the term “greater weight of the
evidence” or “greater weight of the
credible evidence.” Preponderance of
evidence is a phrase that, in the last
analysis, means probability of the truth.
It is evidence that is more convincing to
the court as it is worthier of belief than
which is offered in opposition thereto.
Q: What is proof beyond reasonable
doubt?
A: Proof beyond reasonable doubt – is
the required quantum of evidence in
order to convict an accused. A
judgement of conviction must rest on
nothing less than moral certainty, moral
certainty in an unprejudiced mind that it
was the accused who committed the
crime, failing which the accused must be
exonerated. If the prosecution failed to
discharge its burden of establishing the
guilt of the accused, it is unnecessary ti
still pass on the accused’s defense.
Q: What is clear and convincing
evidence?
A: Clear and Convincing Evidence –
is a kind of evidence which establishes
in the minds of a trier of facts a firm
belief on the existence of the fact in
issue.
Q: What is competent evidence?
A: Competent Evidence – is the kind
of evidence which is noy otherwise
excluded by law or by the rules. (Sec. 3,
Rule 128)
Q: What is incompetent evidence?
A: Incompetent Evidence – is the
kind of evidence which is excluded by
law or by the rules.
Q: What is relevant evidence?
A: Relevant Evidence – is the kind of
evidence which has relation to the fact
in issue.
Q: What is material evidence?
A: Material Evidence – once that is
directed to prove a fact in issue as
determined by the rules on substantive
law and pleadings.
Q: What is rebuttal evidence?
A: Rebuttal Evidence – is any
component evidence to explain, repel,
counteract, or disprove adversary’s
proof. It is receivable only where new
matters have been developed by the
evidence of one of the parties and is
generally limited to a reply to new
matters.
Q: What is sur-rebuttal evidence?
A: Sur-rebuttal evidence – Evidence
in reply to or to rebut new matter
introduced in rebuttal.

Q: What is primary evidence?
A: Primary Evidence – is a kind of
evidence which assures the greatest
certainty of fact sought to be proved,
and which does not in itself, indicate the
existence of other and better proof.
Q: What is secondary evidence?
A: Secondary evidence – is any
evidence other than the document itself,
e.g., 1) a copy; 2) recital of its contents
in some authentic document; or 3)
recollection of the witness. (Sec. 4, Rule
130)
Q: What is evidence-in-chief?
A: Evidence-in-chief – is the
primary and main evidence presented
by the parties to prove their cause or
defense.
Q: What is newly discovered evidence?
A: Newly discovered evidence –
Evidence, to be considered newly
discovered, must be one that could not,
by the exercise of due diligence, have
been discovered before the trial in the
court of law.
Q: What is biological sample?
A: “Biological sample” – means any
organic material originating from a
person’s body, even if found in
inanimate objects, that is susceptible to
DNA testing. This includes blood, saliva
and other fluids, tissues, hairs, and
bones.
Q: What is deoxyribonucleic acid (DNA)?
A: “DNA evidence” – constitutes the
totality of the DNA profiles, results and
other genetic information directly
generated from DNA testing of
biological samples.
Q: What is DNA profile?
A: “DNA profile” – means genetic
information derived from DNA testing of
biological sample obtained from a
person which biological sample is
clearly identifiable as originating from
that person.
Q: What is DNA testing?
A: “DNA Testing” – means verified
and credible scientific methods which
include the extraction of DNA from
biological samples, the generation of
DNA profiles and the comparison of the
information obtained from the DNA
testing of biological samples for the
purposes of determining, with
reasonable certainty, whether or not the
DNA obtained from two or more distinct
biological samples originates from the
same person (direct identification) or if
the biological samples originate from
related persons (kindship analysis).
Q: What is DNA Analysis?
A: DNA Analysis – is a procedure in
which DNA extracted from a biological
sample obtained from an individual is
examined. The DNA is processed to
generate a pattern, or a DNA profile, for
the individual from whom the sample is
taken. This DNA profile is unique for
each person, except for identical twins.
Q: What is probability of parentage?
A: “Probability of Parentage” –
means the numerical estimate for the
likelihood of parentage of a putative
parent compared with probability of a
random match of two unrelated
individuals in a given population.
Q: What is ephemeral electronic
communication?
A: Ephemeral electronic
communication – refers to telephone
conversations, text messages, chatroom
sessions, streaming audio, streaming
video, and other electronic forms of
communication the evidence of which is
not recorded or retained.
Q: What is an Electronic Signature?
A: “Electronic Signature” – refers to
any distinctive mark, characteristic
and/or sound in electronic form,
representing the identity of a person
and attached to or logically associated
with the electronic data message or
electronic document or any
methodology or procedure employed or
adopted by a person and executed or
adopted by such person with the
intention of authenticating, signing or
approving an electronic data message or
electronic document. For purposes of
these Rules, an electronic signature
includes digital signatures.
Q: What is digital signature?
A: “Digital Signature” – refers to an
electronic signature consisting of a
transformation of an electronic
document or an electronic data message
using an asymmetric or public
cryptosystem such that a person having
the initial untransformed electronic
document and the signer’s public key
can accurately determine.
Q: What is judicial notice?
A: Judicial notice – is the cognizance
of certain facts which judges may
properly take and act on without proof
because they already know them. Under
the Rules of Court, judicial notice may
either be mandatory or discretionary.
Q: What us a judicial admission?
A: Judicial admission – is an
admission, verbal or written made by a
party in the course of the proceedings in
the same case, which dispenses with the
need for proof with respect to the
matter of fact admitted.
Q: What is testimonial privilege?
A: Testimonial privilege – is a
privilege which consist of exempting the
witness, having attended the court
where his testimony is desired, form
disclosing a certain part of his
knowledge.
Q: What is an admission?
A: Admission – is the act,
declaration, or omission of party as to a
relevant fact may be given in evidence
against him.
Q: What is confession?
A: Confession – is an
acknowledgement of one’s guilt or
liability.
Q: What is self-serving declaration?
A: Self-serving declaration – It is a
statement which has been made
extrajudicially by the party to favor his
interest. It is admissible in evidence.
Q: What is an Offer of Compromise?
A: Offer of Compromise – is an offer
to settle a dispute or difference
amicably for the purpose of avoiding a
lawsuit and without admitting liability.
Q: What is conspiracy?
A: Conspiracy – is the combination
of confederacy between two or more
persons formed for the purpose of
committing, by their joint efforts some
unlawful or criminal act, or some act
which is lawful in itself, but becomes
unlawful when done by the concerted
action of the conspirator, or for the
purpose of using criminal or unlawful
means to the commission of an act not
in itself lawful.
Q: What is dying declaration?
A: Dying declaration – is an antem-
mortem statement which refers to the
cause and surrounding circumstances of
the declarant’s death, made under the
consciousness of an impending death.
Q: What is pedigree?
A: Pedigree – Lineage, descent, and
succession of families, line of ancestor,
from which a person descends;
genealogy. An account pr register of a
line of ancestors.

Q: What is a family reputation?

A: Family reputation – As to
question of genealogy and generally as
to question relating to birth, marriages
and deaths, what is commonly said and
understood to be true among the
immediate relatives and family
connections of the party to whom the
inquiry relates.

Q: What is a tradition?
A: Tradition – is the knowledge,
belief or practices, transmitted orally
from father to son, or from ancestor to
posterity.

Q: What is common reputation?

A: Common reputation – is the
general or undivided reputation.

Q: What is res gestae?

A: Res gestae – Statements,
otherwise inadmissible in evidence
because they are hearsay, which are
sufficiently contemporaneous with the
act they accompany and explain,
admissible in evidence as part of res
gestae.

Q: What is character evidence?

A: Character Evidence – is the
evidence of person’s moral standing in
the community based in reputation.

Q: What is presumption?
A: Presumption – is the logical
inference of the truth or falsity at a point
indispute.