The ultimate facts to be proven.

The means to arrive at a conclusion. Under the Revised Rules of Court, evidence is defined as “the means, sanctioned by the rules, for ascertainment in a judicial proceeding, the truth, respecting a matter of fact”.

The totality of evidence presented for consideration

The duty of the affirmative to prove that which it alleges.

Proof beyond reasonable doubt [that degree of proof which produces conviction in an unprejudiced mind]

Preponderance of evidence [evidence of greater weight or more convincing than that which is offered to refute it]

Matters other than the fact in issue and which are offered as a basis for inference as to the existence or non-existence of the facts in issue.

Evidence having any value in reason as tending 

Those consisting of writing or any material of written expression offered as proof of its contents.  containing letters, words, numbers, figures, symbols or other modes 

Oral testimony or documentary evidence which does not derive its value solely from the credit to be attached to the  witness himself.

Evidence is material when it is directed to prove a fact in issue as determined by the rules of substantive law and pleadings.

The proof of fact or facts from which, taken  either singly or collectively, the existence of a particular fact in dispute may be inferred as necessary or probable consequence.

Evidence which can stand alone to support  a conviction unless rebutted.

 The rights of a party cannot be prejudiced by an act, declaration, or omission of another.

False in one part of the statement would render the entire statement false (note: this maxim is not recognized in our jurisdiction).

From the words of the law there can be no departure.

Mistake in the blow

Ignorance of the law excuses no one.

Principle in Criminal Law which states that where the statute admits of several interpretations, the one most favorable to the accused shall be adopted.

Scene of the crime or crime scene.

You saw Jose killed Juan because you were present when it happened, didn’t you? What kind of question it is?

It is one where the answer is already supplied by the examiner into the mouth of the witness.

Are you a homosexual?

A question which cannot be answered without making an unintended admission.

A question which asks for an opinion which the witness is not qualified or permitted to answer. 

The victim cried in pain, didn’t he?

Have you seen and heard him?

A question which has already been asked and answered.

The examination in chief of a witness by the party presenting him on the facts relevant to the issue.

The examination by the adverse party of the witness as to any matter stated in the direct examination, or connected therewith, with sufficient fullness and freedom from interest or bias, or the reverse, and to elicit all important facts bearing upon the issue.

Second questioning by the adverse party on matters stated on the re-direct and also on such matters as may be allowed by court.

The preclusion to deny the truth of matters set forth in a record, whether judicial or legislative, and also deny the facts adjudicated by a court of competent jurisdiction (Salud v. CA, 233 SCRA 387).

The tenant is not permitted to deny the title of his landlord at the time of the commencement of the relation of landlord and tenant between them.

A bar which precludes a party to a deed and his privies from asserting as against the other and his privies any right or title in derogation of the deed or denying the truth of any material fact asserted in it (Iriola v. Felices, 30 SCRA 202).

An inference as to the existence of a fact not actually known, arising from its usual connection with another which is known or a conjecture based on past experience as to what course human affairs ordinarily take.

The method prescribed by law for the apprehension and prosecution of persons accused of any criminal offense, and their punishment, in case of conviction.

For the production of documents

The security given for the release of a person in custody of the law, furnished by him or a bondsman, to guarantee his appearance before any court as required under the conditions of law.

Conduct of the arresting officer is examined. Where the precipitate action of the arresting officer resulted in the loss of a human life and there exists no circumstances whatsoever justifying the shooting of a person who is asleep, even if he is a notorious criminal – condemnation, and not condonation should be the rule (People v. Oanis, 74 Phil. 257).

Conduct of the person arrested is examined. Where the arrested person attempts to flee, struck a policeman with his fists, draw a mess knife and attacked another policeman, the arresting officer is not required to afford him a fair opportunity for equal struggle. A police officer, in the performance of his duty, must stand his ground and cannot, like private individual, take refuge in flight. His duty requires him to overcome the offender (US v. Mojica, 42 Phil 784).

When an offense has A. just been committed and B. he has probable cause to believe based on personal knowledge of facts or circumstances that the person arrested has committed it.

The taking of a person in custody in order that he may be bound to answer for the commission of an offense (Sec. 1, RRC)

It is an inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof, and should be held for trial.

A sworn written statement charging a person with an offense Executed and Subscribed by the O.P.A.O. [Offended Party, Any peace officer, or Other public officer charged with the enforcement of the law violated].

A motion to quash, once granted, is equivalent to ____________________.