Evidence, depending on what part of law treats it, is viewed at different angles. There are four (4) levels; each belonging to a level lower than the previous one. Each level pertains to a certain aspect of law and dictates how the courts and administrative bodies treat evidence. The levels of evidence, in descending order, are the following:
1.) Proof Beyond Reasonable Doubt (Criminal Law)
In Criminal Law, proof beyond reasonable doubt is needed to get a conviction. If the evidence given is somewhat shaky, the judge has to order an acquittal (and he can't be blamed for it.) Proof beyond reasonable doubt, however, doesn't mean absolute proof. What the court is looking for is moral certainty -the proof must be sufficient to convince the judge to convict a criminal.
2.) Preponderance of Evidence (Civil Law)
In civil law, evidence requires weight. If two sets of evidence are presented, the side with the heavier evidence wins the civil case. Note: in a civil case related to a criminal one, the records of the criminal case can be used in the civil case as evidence.
3.) Substantial Compliance (Administrative Bodies)
Administrative bodies, like the legal departments of the different government agencies, do not require a strict following of the rules of evidence. All that is required is that the parties comply with the rules sufficiently. There are fewer formalities here.
4.) Best Evidence (Taxation, and in some other cases)
Anything that can be picked up can be used as evidence if the proper evidence can't be found.
Philippine Laws -Simplified | Free Legal Advice
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I'm Giancarlo Enrico S. Pozon, a Wushu instructor, investor and Barrister... That's right, Barrister; I graduated from law school and took the Bar Exams, now I'm waiting for the results. I created this blog to make Philippine Law easy to understand for the average person. It's all about free legal advice. There are many law blogs. But the problem is that many of them are written for lawyers and law students. They use words that can't be understood by ordinary people.
Many lawyers, judges and law students consider themselves as superior to most human beings because of their knowledge of the law. It bothers me since the law is supposed to serve society. Since the law is meant to serve society as a whole, it is important that is must be understood by everybody.
This does not mean that we should all become lawyers. It means that although law is a highly specialized profession, the first duty of everybody in this profession is to make the law understandable to all; that's why all these articles are free legal advice.
Like I said, this blog is about law -but it's for the ordinary people, not the lawyers. It's for the ordinary folk so they will know what is good and bad for them, and that making them aware of the law will help us all improve society as a whole. This is free legal advice for everybody!
I'm Giancarlo Enrico S. Pozon, a Wushu instructor, investor and Barrister... That's right, Barrister; I graduated from law school and took the Bar Exams, now I'm waiting for the results. I created this blog to make Philippine Law easy to understand for the average person. It's all about free legal advice. There are many law blogs. But the problem is that many of them are written for lawyers and law students. They use words that can't be understood by ordinary people.
Many lawyers, judges and law students consider themselves as superior to most human beings because of their knowledge of the law. It bothers me since the law is supposed to serve society. Since the law is meant to serve society as a whole, it is important that is must be understood by everybody.
This does not mean that we should all become lawyers. It means that although law is a highly specialized profession, the first duty of everybody in this profession is to make the law understandable to all; that's why all these articles are free legal advice.
Like I said, this blog is about law -but it's for the ordinary people, not the lawyers. It's for the ordinary folk so they will know what is good and bad for them, and that making them aware of the law will help us all improve society as a whole. This is free legal advice for everybody!
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