Philippine Laws -Simplified | Free Legal Advice

Welcome! 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!

Evidence Basics

Saturday, October 15, 2011

Evidence is admissible only if it is relevant and competent; it is relevant if it tends to prove a fact in issue competent if not excluded by the law or rules. Collateral matters are admissible only if they tend to prove the probability or improbability of a fact in issue. There are 2 kinds of facts: ultimate facts (factum probandum) and evidentiary facts (factum probans.)

Ultimate facts are the facts in issue that need to be proved. Evidentiary facts, on the other hand, are facts necessary to prove or disprove ultimate facts.

Evidence is necessary only to prove a fact in issue. Matters agreed on by the parties (which can happen during the course of a case) do not need to be proved.

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