EVIDENCE
FACTUM PROBANS
FACTUM PROBANDUM
ULTIMATE FACTS- refers to the principal, determinative, constitutive facts upon the
existence of w/c case of action rests; the term does not refer to details of probative
matter or particular evidence which establish the material elements.
- Means the essential facts constituting the plaintiff cause of action. It is
essential if it cannot be stricken out w/out leaving the statement of the cause
of action insufficient.
EVIDENTIARY FACTS- those which tend to prove or establish the ultimate facts
SUBTANTIAL FACTS- w/c either directly form a basis of the primary right and duty,
or which directly make up the wrongful acts or omissions of the defendant.
ISSUE- is a question about of whether a given claim is true or not.
- Is the proposition to be maintained or controverted.
PLEADINGS- are composed of the written allegations of the parties, terminating in a
single proposition, distinctly affirmed on one side, and denied on the other called
the issue.
FIRST RULE- if it is a proposition of facts, it is to be tried by the jury, upon the
evidenced adduced. The evidence offered must correspond with the allegations, and
be confined to the point in issue.
GENERAL ISSUE- comprehensive denial of the whole declaration.
ABSENCE OF AN ISSUE- answer fails to tender an issue, or otherwise admits the
material allegations of the adverse party’s pleading, the civil case before the court
is ordinarily ripe for a judgment on the pleadings, or an immediate judgment of a
civil case covered by summary procedure.
SEC 10 RULE 8 OF ROC on manner of making allegations in pleadings contemplates
3 modes of special denial. See page 8
AFFIRMATIVE DEFENSE- is an allegation of a new matter w/c while hypothetically
admitting the material allegations in the pleading of the claimant, would
nevertheless prevent or bar recovery by him.
- It include fraud, statute of limitations, release, payment, illegality, statute of
frauds, estoppel, former recovery, discharge in bankruptcy, and any other
matter by way of confession and avoidance.
IN ORDINARY CIVIL CASES, the plaintiff has the burden of proving the material
allegations of the complaint. All facts in issue and relevant facts must, as a general
rule, be proven by evidence except the ff:
1. Allegations contained in the complaint or answer immaterial to the issues.
2. Facts w/c are admitted orw/c are not denied in the answer, provided they
have been sufficiently alleged.
3. Those w/c are are the subject of an agreed statement of facts between the
parties; as well as those admitted by the party in the course of the
proceedings in the same case.
4. Facts w/c are the subject of judicial notice.
5. Facts w/c are legally presumed.
6. Facts peculiarly w/in the knowledge of the opposite party.
IN A CRIMINAL CASE
ARGUMENT FROM EVIDENCE- 12
ARGUMENT- an effort to establish belief by a course of reasoning. The object of
evidence is to establish the truth by the use of perceptive and reasoning faculties.
SUSPICION AND CONJECTURE- suspicion cannot give probative force to testimony
w/c itself is insufficient to establish or to justify an inference of a particular fact.
QUESTION OF FACTS (assuring himself in that a given facts existed in a given
place, at a given time; it is decided by the text of law, if none, by previous
decisions) FROM A QUESTION OF LAW (assuring himself that the law has laid down
a rule of such or such nature, applicable to this individual fact; decided by
evidence). All depends on facts.
- the judge should consider these two to be certain that he is in conformity
with law.
- THERE IS A QUESTION OF FACTS WHEN AND THERE IS A QUESTION OF LAW
WHEN
CONCLUSION OF FACT AND CONCLUSION OF LAW- 15
CONCLUSION OF FACT – is an inference drawn from the subordinate or evidentiary
facts
CONCLUSION OF LAW- a proposition not arrived at by any process of natural
reasoning from a fact r combination of facts stated, but by the application of the
artificial rules of law to the facts pleaded.
ALLEGATION, EVIDENCE, AND PROOF- 16
