August 17

1. Means to PROOF
2. Rules
3. Judicial Proceeding
a. Because involves deprivation of LLP
4. Purpose :TRUTH respecting a matter of fact
a. Only when there is question of fact, not a question of law
i. Factual matters that do not need proving
1. Admissions
2. Judicial Notice
3. Pre-trial stipulations
4. Conclusive Presumptions

A system of exclusionary rules to preserve certain values

From: American Federal Rules in Evidence, which is a jury system

Judicial truth v. Actual truth

Judicial differs from actual because not all evidence presented

Section 2: Principle of Uniformity

This is..tanginasuper important: Section 3
Relevant AND Competent
A=R+C

Factum probandum ultimate fact

Factum probans evidentiary fact

In a civil case, factum probandum of plaintiff is the Cause of Action, for defendant,
elements of the defense
In a criminal case, FP for prosecution is elements of the crime, but defendant is
presumed innocent, unless may affirmative defense

In special proceedings declaration of status

Admissibility v. probative weight

Why favour admissibility

Cases

Relevance
Relevance per se does not assure admissibility
At what stage admissibility determined - in pre-trial, kasi may facts and issue na
dito
How to determine admissibility logic and everyday experience, discretion of the
judge
Collateral matter always supplementary or corroborative evidence
Cases
Lopez v. Heesen
Collateral yung evidence on safety design ng ibang manufacturers, but held
admissible

Is credibility of witness always relevant YES. Because it has a bearing on

truthfulness of the testimony of the witness
Not only from the mouth of a credible witness, but the testimony must be credible in
itself

Competence
Competence and credibility
Credibility believability
Who determines credibility of witness judge, because judge is in the best position
to observe the witnesses demeanor
Minor inconsistencies are badges of truth