What is evidence?

- It refers to facts, documentation or testimony used to strengthen a claim, support an

argument or reach a conclusion. It serves as support for the reasons offered and helps
compel audiences to accept claims. It comes in different sorts, and it tends to vary from
one academic field or subject of argument to another.

How important is evidence linking the narrative argument and analytic argument?

- Evidence is used to back up or refute arguments, and it helps us to make decisions at

work. It can be described as the material placed before a Court for the purpose of
assisting a Judge to reach a decision in the matter. A Judge's decision is limited to the
evidence placed before them, therefore it is important that a party provide as much
relevant evidence as possible to support their case. It serves as support for the reasons
offered and helps compel audiences to accept claims. ... In a public speech, they offer
audiences a way to see an idea illustrated in a particular case. To be effective, specific
instances need to be representative of the broader trend or idea they are supporting.

What is the difference between burden of proof v. burden of evidence?

- When a prima facie case is established by the prosecution in a criminal case, as in the
case at bar, the burden of proof does not shift to the defense. It remains throughout the
trial with the party upon whom it is imposed the prosecution. It is the burden of evidence
which shifts from party to party depending upon the exigencies of the case in the course
of the trial. This burden of going forward with the evidence is met by evidence which
balances that introduced by the prosecution. Then the burden shifts back.
- The burden of evidence is the burden of getting by the judge to the jury, by making a
prima-facie showing as to each factual ingredient necessary to establish a prima-facie
case. Having done this, a plaintiff has discharged his burden of evidence, and the burden
shifts to the defendant to produce (if he desires) competent controverting evidence which,
if believed, will offset the plaintiff's prima facie case. If this is done, the defendant has
met the burden of evidence cast upon him, and made a prima-facie defense, whereupon
the burden swings back to the plaintiff to bring forward evidence in rebuttal, and so on.
But, during all this time the burden of proof, the risk of non-persuasion, remains with the
plaintiff, except as to affirmative defenses, etc. The burden of evidence is simply the
burden of making or meeting a prima-facie case.
Distinguish factum probans vs. factum probandum

a) Factum Probandum refers to the ultimate fact to be proven, or the proposition to be

established. That, which a party wants to prove to the court.
E.g.: guilt or innocence; existence of a breach of contract; existence of an obligation; the fact of
payment; the injury or damage incurred.

b). Factum Probans refers to the evidentiary facts by which the factum probandum will be
proved.
Examples: the written contract; the promissory note to prove the existence of an unpaid debt.

What is the degree of evidence required in civil cases?

- Evidence of the moral character of a party in a civil case is admissible only when
pertinent to the issue of character involved in the case.

What is the degree of evidence required in criminal cases?

- The accused may prove his good moral character which is pertinent to the moral trait
involved in the offense charged.

What is the degree of evidence required in administrative cases?

- In administrative proceedings, the quantum of proof necessary for a finding of guilt is

substantial evidence or such relevant evidence as a reasonable mind may accept as
adequate to support a conclusion.

Distinguish direct from circumstantial evidence. When is circumstantial evidence

sufficient?

- Direct evidence is evidence which a person actually observes. Circumstantial evidence is

evidence that was not observed but from which a judge or jury could infer that an
incident occurred.
- Circumstantial evidence is sufficient for conviction if:
(1) There is more than one circumstance;
(2) The facts from which the inferences are derived are proven;
(3) The combination of all the circumstances is such as to produce a conviction beyond a
reasonable doubt.
What is the equipoise rule and how is it applied?

- The "equipoise doctrine" is the rule which states that when the evidence of the
prosecution and the defense are so evenly balanced the appreciation of such evidence
calls for tilting of the scales in favor of the accused. The evidence for the prosecution
must be heavier to overcome the presumption of innocence of the accused.

What is a presumption?

- It is a rule of law which permits a court to assume a fact is true until such time as there is
a preponderance (greater weight) of evidence which disproves or outweighs (rebuts) the
presumption. Each presumption is based upon a particular set of apparent facts paired
with established laws, logic, reasoning or individual rights. A presumption is rebuttable
in that it can be refuted by factual evidence. One can present facts to persuade the judge
that the presumption is not true. Other presumptions are conclusive, meaning that they
must be accepted to be true without any opportunity for rebuttal.

What matters may be taken judicial notice of?

According to Sections 1 and 2 of Rule 129 of the Rules of Court :

SEC. 1. Judicial notice, when mandatory. - A court shall take judicial notice, without the
introduction of evidence, of the existence and territorial extent of states, their political history,
forms of government and symbols of nationality, the law of nations, the admiralty and maritime
courts of the world and their seals, the political constitution and history of the Philippines, the
official acts of the legislative, executive and judicial departments of the Philippines, the laws of
nature, the measure of time, and the geographical divisions.

SEC. 2. Judicial notice, when discretionary. - A court may take judicial notice of matters
which are of public knowledge, or are capable of unquestionable demonstration or ought to be
known to judges because of their judicial functions.