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    Assignment No 4 Evidence

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    mariannegrace de vera

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    © All Rights Reserved
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    Assignment No 4 Evidence

    Uploaded by

    mariannegrace de vera
    28 views2 pages

    Original Title

    Assignment no 4 Evidence

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    28 views2 pages

    Assignment No 4 Evidence

    Uploaded by

    mariannegrace de vera

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    Marianne Grace C.

    De Vera

    Differentiate:

    1. Original document rule (Best evidence) from parole evidence:

    a. The original document rule contemplates the situation wherein the original
    writing is not available and/or there is a dispute as to whether said writing is
    the original whereas Parol Evidence Rule presupposes that the original
    document is available in court.

    b. The Original Document Rule prohibits the introduction of substitutionary


    evidence in lieu of the original document regardless of whether or not it varies
    the contents of the original. On the other hand, parol evidence prohibits the
    varying of the terms of a written agreement.

    2. Dying declaration from res gestae:


    a. In dying declaration, the declaration can only be made by the victim whereas
    in res gestae the statement may be made by the killer himself after or during
    the killing or that of a third person;
    b. In res gestae the statement may precede, accompany or be made after the
    homicidal attack was committed whereas in dying declaration the statement
    can be made only after the homicidal attack has been committed;
    c. In res gestae there is justification in the spontaneity of the statement whereas
    in dying declaration, its trustworthiness is based upon in its being given in
    awareness of impending death.

    3. Conclusive presumption from disputable presumption:

    Conclusive presumption is an Inference which the law makes so peremptory


    that it will not allow them to be overturned by any contrary proof however
    strong whereas disputable presumption satisfactory if uncontradicted, but
    may be contradicted and overcome by other evidence.

    4. Burden of proof from the burden of evidence:

    a. Burden of proof is the duty of a party to present evidence on the facts in issue
    necessary to establish his or her claim or defense by the amount of evidence
    required by law. Burden of proof never shifts. On the other hand , burden of
    evidence is the duty of a party to present evidence sufficient to establish or
    rebut a fact in issue to establish a prima facie case. Burden of evidence may
    shift from one party to the other in the course of the proceedings, depending
    on the exigencies of the case;

    b. In civil cases, the burden of proof is on the party who would be defeated if
    no evidence were given on either side, the plaintiff with respect to his
    complaint, the defendant with respect to his counterclaim, and the
    cross-claimant, with respect to his cross-claim. In criminal cases, the burden
    of proof rests on the prosecution.

    On the other hand, a party will have the burden of evidence only if there is
    any factum probandum (whether evidentiary or otherwise) that the adverse
    party has already established (whether by law, rule, or by virtue of evidence
    that he has presented) that he (the potential proponent) has to overcome. A
    party will not have any burden of evidence at all if the adverse party has not
    established any factum probandum in the first place.

    c. The burden of proof is generally determined by the pleadings filed by the


    party; the burden of evidence is generally determined by the developments at
    the trial, or by the provisions of the substantive law or procedural rules which
    may relieve the party from presenting evidence on the fact alleged,
    i.presumptions, judicial notice and admissions.

    5. Proof beyond reasonable doubt from preponderance of evidence:

    In a criminal case, the accused is entitled to an acquittal, unless his or her


    guilt is shown beyond reasonable doubt. Proof beyond reasonable doubt
    does not mean such a degree of proof as, excluding the possibility of error,
    produces absolute certainty. Moral certainty only is required, or that degree of
    proof which produces conviction in an unprejudiced mind.

    On the other hand, in preponderance of evidence the applicable quantum of


    evidence in civil cases means that the evidence adduced by one side is, as a
    whole, superior to or has greater weight than that of the other.

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