Evidence Classification

AS TO FORMS
a). documentary- is any evidence that is, or can be, introduced at a trial in the form of
documents, as distinguished from oral testimony.
b). object- those consisting of evidence which are addressed to the senses of the court
c). Testimonial- evidence consisting the narration made under oath by a witness
A. OBJECT (REAL) EVIDENCE Section 1. Object as evidence. — Objects as evidence are

those addressed to the senses of the court. When an object is relevant to the fact in issue, it
may be exhibited to, examined or viewed by the court. (1a)
B. DOCUMENTARY EVIDENCE Section 2. Documentary evidence. — Documents as

evidence consist of writing or any material containing letters, words, numbers, figures,
symbols or other modes of written expression offered as proof of their contents. (n)
C. TESTIMONIAL EVIDENCE Section 20. Witnesses; their qualifications. — Except as

provided in the next succeeding section, all persons who can perceive, and perceiving, can
make their known perception to others, may be witnesses.
Religious or political belief, interest in the outcome of the case, or conviction of a crime
unless otherwise provided by law, shall not be ground for disqualification. (18a)
Preference of Evidence must be observed in case of conflict:
A). Physical or Object evidence is evidence of the highest order and prevails over contrary
testimonial evidence
B). Documentary over testimonial evidence
C). Positive over negative evidence. E.G. positive identification over alibi; an assertion of the
occurrence of a thing over a plain denial. “Denials, if unsubstantiated by clear and
convincing evidence, are deemed negative and self-serving evidence unworthy of
credence.” ( Wa-acon vs. People, 510 SCRA 429)
D). Direct over circumstantial
E). Testimony in open court over sworn statements or affidavits
A. Direct and Circumstantial

results of a paraffin test corroborates the allegation that the person fired a gun and (iii) the
ballistics examination on the gun of the suspect corroborates the statement that he fired his
1. direct- that which proves a fact in issue or dispute without the aid of any inference or gun at the victim
presumption. It is evidence to the precise point.
Expert evidence is the scientific, technical or other specialised opinion of an expertwitness
Example: The eye witness account; the scar to show the wound who is qualified to provide an opinion in a particular area. Expert evidencemay be
2. circumstantial- proof of facts or fact from which taken singly or collectively, the existence admissible as evidence in court proceedings where there is an issue in question requiring
of the particular fact in issue maybe inferred or presumed as a necessary or probable specialist knowledge to be provided.
consequence REBUTTING EVIDENCE. That which is given by a party in the cause to explain, repel,
C. Primary (Best) vs. Secondary Evidence counteract or disprove facts given in evidence on the other side. The termrebutting
evidence is more particularly applied to that evidence given by the plaintiff, to explain or
a). primary- that which the law regards as affording the greatest certainty of the fact in repel the evidence given by the defendant
question. E.g.: the original of a contract is the best evidence as to its contents; the marriage
contract as to the fact of marriage; a receipt as to the fact of payment; the birth certificate Evidence is material if it is offered to prove or disprove a specific fact in issue. Thus,
as to filiation. evidence is material if it relates to one of the particular elements necessary for proving or
disproving a case. If evidence is not material, it the defense or prosecution may object to
b). secondary- that which is necessarily inferior and shows on its face that a better evidence the use of the evidence on grounds that it would mislead the trier of fact, result in
exists. E.g.: Xerox copies of documents; narration of witnesses as to a written contract. inefficient trials, and prove a distraction to the substantive issues. The exclusion of
immaterial evidence is sometimes called the collateral facts rule.
D. Conclusive vs. Prima facie
Evidence is relevant if it indicates a relationship between facts that increases the probability
a).conclusive – may either be (i) that which the law does not allow to be contradicted as in of the existence of the other. A trier of fact (judge or jury) determines
judicial admissions or (b) that the effect of which overwhelms any evidence to the contrary the sufficiency or weight of the given evidence. In other words, the trier of law decides
as the DNA profile of a person as the natural father over a denial whether the evidence is relevant enough to be admitted, but the trier of fact decides how
much ot counts (i.e. how much weight or probative value) in determining the verdict.
b). prima facie- that which, standing alone and uncontradicted, is sufficient to maintain the
proposition affirmed. In the eyes of the law it is sufficient to establish a fact until it has been It refers to evidence that is appropriate and needed to prove the issue of fact that the
disproved, rebutted or contradicted or overcome by contrary proof. parties have made. Competent evidence may also serve as a link to the subject matter that
is to be proved. Competent evidence is also known as properevidence,
E. Cumulative vs. corroborative
admissible evidence, relevant evidence, or legal evidence.
a). cumulative- additional evidence of the same kind bearing on the same point. E.g.:
testimonies of several eyewitnesses to the same incident
b). corroborative-additional evidence of a different kind or character but tending to prove

the same point. It is evidence which confirms or supports. Thus: (i) the medico legal
certificate describing the injuries to have been caused by a sharp pointed instrument
corroborates the statement that the accused used a knife to stab the victim (ii) the positive

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AS TO FORMS

A. OBJECT (REAL) EVIDENCE Section 1. Object as evidence. — Objects as evidence are

B. DOCUMENTARY EVIDENCE Section 2. Documentary evidence. — Documents as

C. TESTIMONIAL EVIDENCE Section 20. Witnesses; their qualifications. — Except as

Preference of Evidence must be observed in case of conflict:

B). Documentary over testimonial evidence

D). Direct over circumstantial

E). Testimony in open court over sworn statements or affidavits

A. Direct and Circumstantial

b). corroborative-additional evidence of a different kind or character but tending to prove

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