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Positive and negative evidence


Positive: when a witness affirms in the stand that a certain state of facts does exist or that a certain event
happened.
Negative: when a witness states that an event did not occur or that the state of facts alleged to exist does
not actually exist.
May also refer to the presence or absence of something
The defense of denial is viewed with disfavor for being inherently weak because it is easily fabricated and
concocted. It cannot prevail over the positive and credible testimony of prosecution witnesses. To be worthy of
consideration at all, denials shall be substantiated by clear and convincing evidence. However, there are
situation where an accused may really have no other defenses but denial, which, if established to be the truth,
may tilt the scales of justice in his favor, especially when the prosecution evidence itself is weak.
Competency versus credibility of a witness
Credibility: worthiness of belief, that quality which renders a witness worthy of belief; believability.
After the competence of a witness is allowed, the consideration of his credibility follows.
Admissible evidence and credible evidence
Admissible: relevant to the issue and not excluded by the law or rules; means that the evidence is such a
character that the court, pursuant to the rules of evidence, is bound to receive it or to allow it to be introduced at
the trial
Inadmissible evidence in relation to arrests, searches, and seizures
People v. Aminnudin: The marijuana found in the possession of the accused as a product of an illegal
search and not being an incident to a lawful arrest was declared as inadmissible in evidence [noncompliance
with the requirements of the in flagrante delicto exception].
People v. Laguio: The warrantless arrest was illegal and, ipso jure, the warrantless search incident to the
illegal arrest was likewise unlawful.

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