1 General Concepts

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EVIDENCE

A course which looks into the rules of presentation, admissibility,


and weight and sufficiency of evidence, including burden of proof
and presumption. It also covers medical jurisprudence on forensic
and evidence gathering. The course also develops familiarity with
relevant legal forms.

I. General Concepts

A. Definition

1. Evidence
2. Factum Probandum
3. Factum Probans

B. Classification

1. As to Nature

1.1 Documentary
1.2 Object or Real
1.3 Testimonial

2. Relation to the Fact in Issue

2.1 Direct
2.2 Circumstantial
2.3 Cumulative vis-à-vis Corroborative
2.4 Prima facie vis-à-vis Conclusive
2.5 Positive vis-à-vis Negative

C. Issue

1. Question of Fact
2. Question of Law
3. Burden of Evidence
4. Burden of Proof

4.1 Civil Cases


4.2 Criminal Cases
4.3 Administrative Case
4.4 Test

5. Equipoise Rule
D. Sources

1. The 1987 Constitution


2. Substantive Law
3. Procedural Law

E. Cases

1. Gios-Samar, Inc.. et. al. vs Department of


Transportation and Communications and Civil
Aviation Authority of the Philippines
G.R. No. 217158, March 12, 2019

2. People of the Philippines vs Brendo Pagal


G.R. No. 241257, September 29, 2020

3. Central Realty and Development Corporation vs. Solar


Resources and the Register of Deeds of the City of
Manila
G.R. No. 229408, November 9, 2020

4. People of the Philippines vs Alsarif Bintahib


G.R. No. 217805, April 2, 2018

5. Genoveva G. Gabrillo vs Heirs of Olimpio Pastor


G.R. No. 234255, October 2, 2019

6. People of the Philippines vs Eddie Manansala


G.R. No. 233104, September 2, 2020

7. Salvador Estipona, Jr. vs Hon Frank Lobrigo and


People
G.R. No. 226679, August 15, 2017

F. BAR Questions

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