For Riano, if the witness says yes it is positive evidence; otherwise it is negative.
Contrast that with Regalado's take on the terms in his book Remedial Law Compendium, Volume II, 11th Edition, page 703:
Here's how Black's Dictionary explains the distinction:
As for positive evidence, Black's Dictionary simply refers one to direct evidence.
The Supreme Court, in People vs. Ramos, which is cited by Regalado, clarifies the distinction:
We hold that Brinzon's testimony was positive and not negative in character. As pointed out by Francisco (Comment on Rule 133, page 1125), quoting 32 C.J.S., 1079-1081:The 2013 UP Bar reviewer follows Regalado; the San Beda 2014 memory aid adheres to Riano.A distinction must be made between testimony which is negative in form and that which is negative in character; so testimony may be positive in character even though it amounts to a negative statement or tends to show a negative situation, and if a witness who was in a position to observe testifies not merely that he did not see or hear, but that the event did not occur, this is clearly positive testimony.
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