Rules on Evidence - Part 1

[@malatekyled.9980]

MALATE, KYLE D. - 3C4 For the Summary of this video recorded lecture about Rule 128: General Provisions, evidence plays an important role in the court that prove someones guilt or innocence. There are four component of elements in evidence which are means of ascertainment which focuses on discovering the truth, second is sanctioned by the rules where evidence that will be presented in the court it must be taken legally or else it will be useless and inadmissible in the court, third from the word itself it only can be applied in court in a judicial proceeding, fourth is that evidence respect truth as the matter of fact. The presumption of innocence always at first means that the accuse was presumed to be innocent unless proven guilty beyond reasonable doubt in Criminal cases, while in Civil cases where evidence will only be admissible if it is relevant to the case and the party that has the burden of proof has the great weight of evidence. All the matter that is gathered and presented to the court can be considered as evidence but only the applicable and acceptable will be use and it will all be determined by the court. Those evidence that are taken or confiscated unlawfully will fall into the Doctrine of the Fruit of Poisonous Tree means even if the evidence is strong and prove the guiltiness of the accuse if it was taken unlawfully it will be useless and inadmissible.

[@basajennyrose6509]

Thank you for your informative discussion Atty.

[@sheenamarielahorra1915]

Atty, make it a lecture for law students also please because it is very helpful to us po.

[@nicoleapaga2756]

Thanks attorney! Buti nalang meron to.

[@JiRivera]

Thank you. Atty., this made me easily understand and helpful during our recits. :)

[@anthonytiongson6949]

Super clear and informative

[@demesaeasterjoym.9466]

DE MESA, EASTER JOY M. (3C4) First and foremost, I learned under the Section 1 of Rule 128 that evidence is the means, sanctioned by rules of court, of ascertaining in a judicial proceeding the truth respecting a matter of fact. Furthermore, evidence is not the end in itself but a means to an end meaning, to discover the truth. Evidence is really necessary and it is used to prove that a crime was committed or that a certain individual was the perpetrator of the crime. The only way to prove an accused's guilt is to produce evidence in court, as it supports the facts provided or asserted, evidence must adhere to the idea of uniformity or sustainability.

[@villegasalexanderjamesr.518]

VILLEGAS, ALEXANDER JAMES R. 3C3 I’ve learned that Evidence is the means, sanctioned by court rules, of determining the truth concerning a fact in a judicial action, according to Section 1 of Rule 128.

[@jonalynvirrey12]

VIRREY, JONALYN M. 3C3 In this discussion I have learned under the Section 1 of Rule 128: General Provisions which stated that it is the method sanctioned by the Rules of Court for discerning the truth of a fact in a judicial process. The evidence where the accused guilty must proven have beyond a reasonable in order for it's conviction because it is legally accepted as being true.

[@renzonbalcita206]

BALCITA, RENZON E 3C4 I learned under the Section 1 of Rule 128 that evidence is the means, sanctioned by rules of court, of ascertaining in a judicial proceeding the truth respecting a matter of fact. and for the 4 elements of evidence 1st is the means of ascertainment which means it include not only the procedure but also served as the evidentiary fact then the sanction by the rules it is not excluded by the rules of court and then next is the judicial proceeding it stated that considers a legal action or procedure that has been filed inside a criminal court and lastly is the truth respecting a matter of fact and it has a elements of substantive which determines the fact that must be shown and the procedural which means its governing the providing fact.

[@Emongbalita]

Thanks po atty God bless po

[@marsodemotor7202]

Thank you for this informative video attorney big help to my study. More power to your KZbin channel ❣️

[@saladfacepie3875]

Sir maraming salamat ang dami kopong natutunan

[@demesajhonalvinm.3906]

DE MESA JHON ALVIN M. 3C4 Based on the discussion i learned and know that the evidence is the means, sanctioned by these rules, of ascertaining in a judicial proceeding the truth respecting a matter of fact. The rules of evidence shall be the same in all courts and in all trials and hearings, except as otherwise provided by law or these rules. Admissibility of evidence- Evidence is admissible when it is relevant to the issue and is not excluded by the law of these rules.

[@sioopaooooo]

Thank you for this video sir. Very helpful.

[@sembranopreciousloub.8430]

SEMBRANO PRECIOUS LOU B. 3C3 I have learned alot about evidence and the rules of court proceedings which is the sec 1 of the rule 128 which the facts respecting to all result of the trials and proceedings

[@emelielindayao163]

Thank you 😊

[@kuyagas1486]

CARLOS, JAYSON P. 3C3 GOOD DAY, ATTY! Thank you for this video lecture. SUMMARY RULE 128 GENERAL PROVISIONS Evidence is the means, sanctioned by the Rules of Court. of ascertaining in a judicial proceeding the truth respecting a matter of fact (Sec 1. Rule 128) The objective of evidence is to discover the truth when the evidence obtain violation of provision of constitution and all others laws in admissible in evidence they be not admitted in court because the second component of evidence must be sanctioned by the rules of court. THE FOUR COMPONENT ELEMENTS: Means of ascertainment-includes. Sanctioned by the rules. In judicial proceeding . The truth respecting the matter of fact. Evidence Required because of the presumption that the court is not aware of the veracity of the facts involved in a case. SCOPE OF THE RULES OF EVIDENCE . The rules of evidence shall be the same in all courts and in all trials and hearings, except as otherwise provided by law or by these rules. It is guided by the principle of uniformity. Note: It does not apply to election cases, land registration, cadastral. naturalization and insolvency proceedings, and other cases, except by analogy or in suppletory character and whenever practicable and convenient. EVIDENCE IN CIVIL CASES An offer of compromise is not an admission of any liability and is not admissible in evidence against the offeror. EVIDENCE IN CRIMINAL CASES The guilt of the accused has to be proven beyond reasonable doubt. Proof the probative effect of evidence. Evidence the means of proof. Factum Probandum The ultimate fact sought to be established while Factum Probans The intermediate Facts Admissibility of evidence question of whether certain pleces of evidence are to be considered at all. Probative Value question of whether the admitted evidence proves an issue DOCTRINE OF FRUIT OF THE POISONOUS TREE The doctrine speaks of that illegally seized documents. papers, and things are inadmissible in evidence. The exclusion of such evidence is the only practical means of enforcing the constitutional injunction against unreasonable searches and seizures. POSITIVE EVIDENC It is entitled to greater weight since the witness represents of his personal knowledge the presence or absence of a fact NEGATIVE EVIDENCE when the witness states that he did not see or know of the occurrence of a fact and there is total disclaimer of personal knowledge.

[@justinemarktome8900]

TOME, JUSTINE MARK E. 3C4 What I've learned is the definition of Evidence of Section 7,Rule 128.Evidence is the means, sanctioned by the Rules of Court of ascertaining in a judicial proceeding the truth respecting a matter of fact.Also evidence is not the end itself but a means to an end or the discovering of truth.There are four component elements of evidence which is the means of ascertainment, Sanctioned by the rules,In a judicial proceeding which means that the rules of evidence only apply in a Rule of Court and the last one is the truth respecting a matter of a fact. Evidence is required because under the Philippine Constitution,a person is presumed innocent unless proven guilty and evidence is a piece of truth.In the scope of the rules of evidence, the principle of uniformity provided that the rules of evidence must be applied in all court proceedings,in court trials and hearings. In civil cases the weight of evidence required is differ from the nature of the complaint,While in criminal cases an offer of compromise by the accused may be received in evidence as an admission of guilt.Evidence is the cause or the reason of evidenciary fact while proof is the effect of the evidence. If evidence is unlawfully obtained then the evidence becomes inadmissible.

[@tumpalancristalyna.1512]

TUMPALAN, CRISTALYN A. - 3C3 I learned about evidence and the rules of court procedures, which is the Sec. 1 of Rule 128, the facts of all trials and proceedings evidence are the means, sanctioned by court rules, of finding the truth concerning a matter of fact in a judicial proceeding. The means of ascertainment, which includes not only the procedure but also serves as an evidentiary fact, is the first of the four elements of evidence, followed by the sanction by the rules, which is not prohibited by the rules of court.

[@cataringemmanuel8335]

CATARING, EMMANUEL B. 3C-3 I learned in this video is that there are different types of evidence and it's use also its omponents.

[@bilogjohndanwilljaron9317]

Bilog,Johndanwill J.3c3 I've learned, Evidence as stated in section 1 of rule 128 General Provisions it means sanctioned by the rules of court of ascertaining in a judicial proceedings the truth respecting of fact. And also evidence have four components which are the following:1. Means of ascertainment- it is a means or methodology of discovery of a truth,2.Sanctioned by the rule- it means not excluded by the rules of court,3.In a judicial proceeding-it only applies on a court of law, 4. The truth respecting a matter of fact. In addition Evidence is not the end in it self but it means to an end and also evidence is a evidientiary fact. Why evidence is required? Why because of the presumptiob that the court is not aware of the veracity of the facts involved in a case. Addition, every person is presume by lawas innocent and law aviding citizen. Uniformity it means all courts must follow uniformly. Proof is the effect while the evidence is mode or manner of proving competent facts in proceeding. Addition, before the court can weigh an evidence it must be first admitted. Thankyou po sir

[@paulinemaeo.samsaman716]

SAMSAMAN, PAULINE MAE O. 3C3 Evidence, as stated in Section 1 of Rule 128: General Provisions, is the method sanctioned by the Rules of Court for discerning the truth of a fact in a judicial process. It's not a goal in and of itself, but rather a means to an end in which it establishes the truth of a fact in question. The standard of proof in civil cases is the preponderance of evidence, whereas in criminal cases, the accused's guilt must be proven beyond a reasonable doubt. Because he has yet to be proven guilty based on the facts or evidence to be produced in court, the accused enjoys the constitutional presumption of innocence in criminal matters. Apart from that, Factum Probandum is the ultimate fact sought to be established by the prosecution, i.e. the materials or facts that a party must establish in order to be proven in court.Evidence must be related to the reality in question in such a way that it induces belief in its presence or non-existence. Evidence on non-essential subjects is not permitted unless it contributes to prove the probability or improbability of the fact in question to a fair degree.

[@rodelsado7343]

Insanity is not an evidence,it's a verbal..

[@robloxcrizzz]

I wanna be a lawyer, I hope I can reach that but I think I can't because I'm not that smart :(

[@iancuya7118]

“I’d rather regret the things I’ve done than regret the things I haven’t done.”

[@b.jtorio5797]

thankyou atty.

[@siyela3351]

Thank you Atty!

[@bumagatchelsead.5748]

BUMAGAT, CHELSEA D. 3C4 Based on this video lecture, I have learned the legal definition of Evidence under Rule 128 wherein Evidence is the means sanctioned by the rules of court, of ascertaining in a judicial proceeding the truth respecting a matter of fact and also its four (4) components elements of evidence; means of ascertainment, sanctioned by the rules which mean if the evidence is procured or the act of obtaining of the evidence violates the constitution, then the evidence is not admissible to the court. Third, in a judicial proceeding, it only applies in the Court of law like special proceedings but when it comes to preliminary investigation the Rules of Evidence do not apply, and lastly, the truth respecting a matter of fact. Evidence is required in Court because a person is presumed innocent unless otherwise proven guilty. Especially, in criminal cases wherein our Constitution favors the accused. Evidence in Civil cases is that the quantum of evidence is the preponderance of evidence while in Evidence in Criminal cases the quantum of evidence is proof beyond reasonable doubt which is the highest quantum of evidence. I also learned about Admissibility of Evidence and Probative Value of Evidence wherein Admissibility means that if the evidence obtained does not violate the law then it is admissible but even if the evidence is admissible it doesn’t mean that it can sway the judgment of the prosecution but depends on the weight of the admitted evidence while probative value the question of whether the admitted evidence proves an issue.

[@juniverberdin5718]

"If you cannot explain it simply, you don't understand well enough." Albert Einstein could not have found a better ...well, evidence, of his sapient insight than this lecture ‐ stodgy, stolid and shallow.

[@megansbloodonlythebravesur8762]

mag tagalog kana man to sir Atty.