Professional Documents
Culture Documents
EVIDENCE
EVIDENCE
1. The need to protect Filipino OFWs as a primary reason behind the Migrant Workers
Act or the increase in the incidence of drug related crimes as reason for the increase in
the penalty for violation of the drug law
2. That the passage of the Anti Terrorism Law and the Anti-Money Laundering Law
were influenced by the demands of the international community
3. Taking notice of the increase in the age of criminal liability
4. That documents presented in the Register of Deeds are recorded according to the date
and time of their presentation
5. The policy of the law as regards bail in heinous crimes or of the policy of the state
against the use of illegal means to obtain evidence
6. Gun Ban during election period
An authentic document or item that is offered as pro
of in a lawsuit, as contrasted with a copy of, or subst
itute for, theoriginal.
Primary evidence, more commonly known as b
est evidence, is the best available substantiation
of the existence of an objectbecause it is the act
ual item
A reproduction of, or substitute for, an original doc
ument or item of proof that is offered to
establish a particular issue in a legal action.
Written evidence is evidence supplied by
writings of all kinds: books, newspapers,
and magazines, as well as less frequently used
types of writing, such as Roman
numerals carved on the cornerstone of a building.
Unwritten evidence includes
both oral testimony and objects offered for
personal inspection.
In arguments outside the courtroom, written
evidence generally is given
greater weight than oral evidence, because it is
easier to substantiate.
Real evidence is furnished by objects placed on
view or under inspection. In the
courtroom real evidence may consist of
fingerprints, scars, or weapons. Outside
the courtroom a farmer may be asked to inspect
test plots in which different
types of seed are used; a customer might be invited
to taste a new food product;
a student might be invited to examine a famous
painting in a museum; or a customer
might be asked to test drive a new car.
Personal evidence is evidence furnished by
persons, and it may be in the form
of oral or written testimony. The credibility we
attach to personal evidence depends
in large part on the competence and honesty
we attribute to the person
providing the testimony.
Lay evidence is provided by persons without
any special training, knowledge,
or experience in the matter under
consideration. Such evidence is useful in areas
that do not require special qualifications.
For example, in debates on “rightto-
work” laws, the testimony of “rank-and-file”
union members or managers
of small businesses was frequently important.
Laypersons, assuming they meet the qualifications
of a good witness, are usually competent to testify
on a matter of fact they have observed; however,
their opinion of the significance of the fact is
another matter. Thus the testimony of a rank-and-
file steelworker as to how many members of his or
her local attended the meeting at which a strike
vote was taken would be good evidence, assuming
that the steelworker was an honest and competent
person. However, his or her opinion about the
effect of a steel strike on the national economy
could not be considered as more valuable thanthat
of any other layperson of comparable education
and intelligence.
Expert evidence is evidence provided by
persons with special training, knowledge, or
experience in the matter under consideration.
Prearranged evidence is created for the specific
purpose of recording certain information for
possible future reference.
The average person has a considerable amount
of prearranged evidence: birth certificates,
driver’s licenses, marriage certificates, deeds to
property, social security cards, insurance
policies, receipts, canceled checks, contracts,
military discharge papers, transcripts of college
records.
it is intended for future reference
Casual evidence is created without any effort being
made to create it and is not designed for possible
future reference
Casual evidence is valuable because the party
concerned did nothing to create the evidence. In
the robbery trial example the accused did not
know a photographer was coming to the scene of
the traffic jam, and he did not ask to have his
picture taken or published. As the accused did
nothing to create the evidence, the jury was all the
more ready to believe it was genuine and not a
prepared alibi
Negative evidence is the absence of evidence
that might reasonably be expected to be found
were the issue in question true. For example, if
the name of a person cannot be found in an
official list of graduates of your college, this
is negative evidence that he or she did not
graduate from the school.
also known as “extraneous” or “adminicular”
evidence, explains or clarifies other evidence.
Often the meaning or significance of evidence
is not apparent on the presentation of the
evidence per se; therefore, that evidence must
be explained by the presentation of other
evidence.
The form of such evidence may be in narrative,
poetry, prose, art, music, or hip-hop. The
content, although challenging to measure, can
be powerful and emotional, and can offer
viewpoints excluded by traditional standards