Sunday, November 23, 2014

Positive vs Negative Evidence

Here's what Riano said, page 45 of his book Evidence (The Bar Lectures Series), 2013 Edition, on positive vs negative evidence:


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:
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.
The 2013 UP Bar reviewer follows Regalado; the San Beda 2014 memory aid adheres to Riano.

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