This document discusses different forms of medical evidence that can be presented in court, including real evidence like objects or autopsy reports, testimonial evidence through physician testimony, experimental evidence through demonstrations, and documentary evidence like medical records. It also outlines methods for preserving evidence, such as photography or sketches. The standard of proof in civil cases is preponderance of evidence, meaning the evidence that outweighs the other side. In criminal cases, guilt must be proven beyond a reasonable doubt. Factors like witness credibility and circumstances are considered in determining which evidence preponderates.

1. MEDICAL EVIDENCE
• FORMS OF MEDICAL EVIDENCE
• METHODS OF PRESERVING EVIDENCE
• DEGREE OF PROOF IN THE COURT OF JUSTICE

2. EVIDENCE
(MODEL CODE OF EVIDENCE)
 Section 1, Rule 128, Rules of Court
- Evidence is the means, sanctioned by this rule, of ascertaining in a judicial proceeding
the truth respecting a matter of fact.
 Sec 2, Rule 128, Rules of Court
- The rules of evidence shall be the same in all courts and on all trials and hearings,
whether civil or criminal.
 Sec 3, Rule 128, Rules of Court
- Evidence is admissible when it is relevant to the issue and is not excluded by this rule.
 Sec 4, Rule 128, Rules of Court
- Evidence must correspond with the substance of the issue and, therefore, collateral
matters shall not be allowed, except when they tend in any reasonable degree to
establish the probability or improbability of a fact in issue.

3. MEDICAL EVIDENCE
 The means, sanctioned by law, of ascertaining in a judicial
proceeding that truth respecting a matter of fact, wherein scientific
medical knowledge is necessary.
 Must be relevant to the issue and not excluded by the Rules of
Court of the Philippines
 Must correspond to the substance of the issue

4. FORMS OF MEDICAL EVIDENCE
1. Real or Autoptic Evidence
2. Testimonial Evidence
3. Experimental Evidence
4. Documentary Evidence

5. REAL OR AUTOPTIC EVIDENCE
 Made known or addressed to the senses of the court
Sec 1, Rule 130, Rules of Court:
View of an Object – Whenever an object has such a relation to the fact in dispute as to
afford reasonable grounds of belief respecting it, such object may be exhibited to or viewed
by the court, or its existence, situation, or character proved by witnesses, as the court in its
discretion may determine
 Not limited to that which can be known by the sense of vision but extend to
what is perceived by the senses of hearing, taste, smell or touch
 Exceptions
a) Indecency and impropriety
b) Repulsive objects and those offensive to sensibilities

6. TESTIMONIAL EVIDENCE
 A physician may be placed at the witness stand to answer questions
propounded to him by counsels of parties or by the presiding officer of the
court
 Given orally in open court and under oath or affirmation
 Ordinary witness
 Expert witness

7. EXPERIMENTAL EVIDENCE
 A medical witness may be required to perform certain experiments to prove a
certain matter of fact
 Must not be offensive to decency, sensibilities, and propriety

8. DOCUMENTARY EVIDENCE
 Any written evidence presented by a physician in court which is relevant to
the subject matter in dispute and not excluded by the Rules of Court
 Medical Documentary Evidence:
a. Formal written reports
b. Written opinions
c. Certificates
d. Deposition
e. Dying declarations

9. METHODS OF PRESERVING EVIDENCE
 Photography and sound recording
 Sketching
 Description
 Testimony of witnesses

10. KINDS OF EVIDENCE NECESSARY FOR
CONVICTION
 Direct Evidence
That which proves the fact in dispute without the aid of any inference or
presumption. The evidence presented corresponds to the precise or actual point
at issue.
 Circumstantial Evidence
The proof of fact or facts from which, taken either singly or collectively the existence
of a particular in dispute may be inferred as a necessary or probable consequence.

11. DEGREE OF PROOF REQUIRED IN THE
COURT OF JUSTICE
 CIVIL cases = preponderance of
evidence
Preponderance of evidence means the
greater weight of evidence that will
outweigh the evidence of the other party. It
means that the evidence adduced as a
whole by one side is superior to that of the
other.
 CRIMINAL cases = proof beyond a
reasonable doubt
The defendant is entitled to an acquittal,
unless his guilt is shown beyond a
reasonable doubt
FACTORS CONSIDERED IN DETERMINATION
WHICH PARTY’S EVIDENCE PREPONDERATE:
 All the facts and circumstances of the case
 The witnesses’ manner of testifying, their
intelligence, their means and opportunities of
knowing the facts to which they are testifying
 The nature of the facts to which the witnesses
testify
 The probability and improbability of the
witnesses’ testimony
 The interest or want of interest of the witnesses
 Credibility of the witness so far as the same
may legitimately appear upon trial
 The number of witnesses presented, although
preponderance is not necessarily with the
greatest number