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latter.
Res Gestae - literally means things done; it includes
circumstances,
facts, and declarations incidental to the main facts or
transaction
necessary to illustrate its character and also includes
acts, words,
or declarations which are closely connected therewith
as to constitute
part of the transaction.
Rule Of Exclusion - that which is secondary
evidence cannot inceptively
be introduced as the original writing itself must be
produced in court,
except in the four instances mentioned in Section 3.
Secondary Evidence - that which is inferior to the
primary evidence and
is permitted by law only when the best evidence is not
available.
Known as the substitutionary evidence.
- shows that better or primary evidence
exists as to
the proof of fact in question. It is deemed less reliable.
Self Serving Declaration - is one which has been
made extrajudicially
by the party to favor his interests. It is not admissible
in evidence.
Testimonial Evidence - is that which is submitted to
the court through
the testimony or deposition of a witness.
Unsound Mind - any mental aberration, whether
organic or functional, or
induced by drugs or hypnosis.
Witness - reference to a person who testifies in a
case or gives evidence
before a judicial tribunal.