CLASSIFICATIONS OF EVIDENCE

I. (A) Material Evidence - Evidence which tends to prove the fact in issue in a case. The issue is
determined by the rules of substantive law and pleadings. The opposite of Material Evidence is
IMMATERIAL EVIDENCE.

(B) Relevant Evidence -- Evidence which has a tendency in reason to establish the probability or
improbability of the fact in issue.

Sometimes, relevant and material evidence are interchanged. There is a difference between the
two. Evidence might be immaterial, but it can still be admitted on the ground of relevancy. It
does not tend to prove the probability of the fact in issue, but it proves it indirectly. I am not
proving it directly, but I am trying to prove that it is PROBABLE.

II. Competent Evidence - Evidence which is not excluded by any law or the Rules on Evidence.
When the law says that the evidence is not allowed, then it is totally inadmissible. Total
inadmissibility.

III. (A) Direct Evidence - Evidence which proves the fact in dispute without the aid of any
inference or presumption.

(B) Circumstantial Evidence - It is the proof of fact or facts from which, taken either singly or
collectively, the existence of the particular fact in dispute may be inferred as a necessary or.
probable consequence. It is an indirect manner of proving. You have to resort to an inference or
presumption.

IV. (A) Primary Evidence or Best Evidence - It is evidence which the law regards as effecting the
greatest certainty of the fact in question.

(B) Secondary Evidence It is inferior or substitutionary evidence. That which itself indicates the
existence of a more original source of information.

V. (A) Positive Evidence Evidence is positive when the witness affirms that a fact did or did not
occur.

(B). Negative Evidence ---Evidence is negative when the witness states that he did not see or
know the occurrence of a fact.
VI. Expert Evidence - Evidence given by one possessing in regard to a particular subject or
department of human activity, knowledge not usually acquired by other persons.

Meaning, the expert witness knows something of a particular field and yet you cannot say that
everybody knows it.

VII. (A) Cumulative Evidence -- Evidence is cumulative when it is OF THE SAME KIND AND
CHARACTER as that already given and TENDS TO PROVE THE SAME PROPOSITION.

(B) Corroborative Evidence - It is ADDITIONAL EVIDENCE OF A DIFFERENT KIND AND

CHARACTER TENDING TO PROVE THE SAME POINT.

VIII. (A) Prima Facie Evidence - Evidence which suffices for the proof of a fact in issue until
rebutted or overcome by other evidence. Standing alone, it is sufficient to prove your claim.

(B) Rebutting Evidence - Evidence given to repel, counteract or disprove facts proved by the
other side. Normally, when the defendant presents evidence, he is, in effect, rebutting the prima
facie evidence of the plaintiff. After that, the plaintiff is also given the chance to present rebuttal
evidence to disprove the defense.

(C) Conclusive Evidence -- Evidence which is INCONTROVERTIBLE. It admits of no proof to

the contrary.

IX. Object Evidence -- It is defined as evidence addressed to the senses of the court - something
that you can see, touch or hear.

Under the 1964 Rules of Court, this is known as Real Evidence. The 1989 Rules on Evidence
changed the name to Object Evidence. The latter is the new name. Other names given to Object
or Real Evidence is Demonstrative Evidence and Autoptic Proference. These are actually just the
same.

X. Testimonial Evidence - Evidence furnished by the testimony of man which may be ORAL or
WRITTEN.

If the testimony is oral, the technical term used under the Rules on Evidence is "PAROL
EVIDENCE". If it is written, it is "DOCUMENTARY EVIDENCE". Loosely speaking, though,
when the term "testimonial" is used, the automatic reference is parol -- that somebody is giving
an oral testimony. But actually, a person may voice out his ideas either orally or in written form.
Both are still considered testimonies.
 TYPES OF ADMISSIBILITY

(1) Multiple Admissibility of Evidence - - - According to Wigmore and quoted by the Supreme
Court, simply means "evidence which is plainly relevant and competent for two or more
purposes.

When this happens, such evidence will be received if it satisfies all the requirements prescribed
by law in order that it may be admissible for the purpose for which it is being presented, even if
it does not satisfy the other requisites for its admissibility for other purposes.

(2) Conditional Admissibility of Evidence Evidence which appears to be immaterial is admitted

by the court subject to the condition that its connection with another or other facts subsequently
to be proved will be established.

Proving a case is like putting together a jigsaw puzzle; you preserve the pieces bit by bit.
Gradually, these pieces make no sense. But if you put all the pieces together, you get to know
entire picture.

At the early stages of a trial, a piece of evidence seems to be immaterial. But as the trial
progresses and the other facts are being presented, you see now the importance - the materiality
of the evidence.

(3) Curative Admissibility of Evidence Evidence, otherwise improper, is admitted to contradict.

improper: evidence presented or introduced by the other party. This is evidence introduced to
cure, contradict or neutralize improper evidence presented by the other party.