RULE 132
PRESENTATION OF EVIDENCE
EXAMINATION OF WITNESSES
Section 1. Examination to be done in open court.
HOW ORAL EVIDENCE GIVEN—It is usually given orally, in open court. Therefore, generally, the testimonies of witnesses cannot be presented in affidavits.
ÙOne instance when the testimonies of witnesses may be given in affidavits is under the rule on summary procedure.
PURPOSE: to enable the court to judge the credibility of the witness by the witness’ manner of testifying, their intelligence and their appearance.
The form and nature of the questions that may and may not be propounded to a witness are as follows:
iQuestions must not be indefinite or uncertain;
iQuestions must be relevant;
iQuestions must not be argumentative;
iQuestions must not call for conclusion of law;
iQuestions must not call for opinion or hearsay evidence;
iQuestions must not call for illegal answer;
iQuestions must not call for self-incriminating testimony;
iQuestions must not be leading;
iQuestions must not be misleading;
iQuestions must not tend to degrade reputation of witness;
iQuestions must not be repetitious.
Section 3: Rights and obligations of a witness.
RIGHTS OF A WITNESS:
1. To be protected from irrelevant, improper, or insulting questions, and from harsh or insulting demeanor;
2. Not to be detained longer than the interests of justice require;
3. Not to be examined except only as to matters pertinent to the issue;
4. Not to give an answer which will tend to subject him to a penalty for an offense unless otherwise provided by law;
5. Not to give an answer which will tend to degrade his reputation, unless it be to the very fact at issue or to a fact from which the fact at issue would be presumed. But a witness must answer to the fact of his previous final conviction for an offense.
The exception under no. 4 refers to immunity statutes wherein the witness is granted immunity from criminal prosecution for offenses admitted in his testimony, e.g. under Sec. 8, R.A. 1379, the law providing for the forfeiture of unlawfully acquired property; and under P.D. 749, in prosecutions for bribery and graft.
CLASSIFICATION OF IMMUNITY STATUTES:
Use Immunity - prohibits use of witness’ compelled testimony and its fruit in any manner in connection with the criminal prosecution of the witness. It does not render a witness immune from prosecution despite invocation of right against self incrimination
Transactional Immunity - grants immunity to the witness from prosecution for an offense to which his compelled testimony relates.
NOTE: For purposes of evidence, Right against self incrimination refers only to testimonial compulsion.
Right against self-incrimination is granted only in favor of individuals, hence, a corporation cannot invoke that privilege as the question testimony can come only from a corporate officer or employee who has a personality distinct from that of the corporation.
Right against self-incrimination extends to administrative proceedings with a criminal or penal aspect.
WITNESS PROTECTION, SECURITY, AND BENEFIT ACT RA 6981:
SEC 10. STATE WITNESS – person who has participated in the commission of a crime and desires to be a witness for the state shall be admitted into the program whenever the following circumstances are present:
1. the offense in which his testimony will be used is a grave felony as defined under RPC or its equivalent under special laws;
2. absolute necessity for his testimony;
3. there is no direct evidence available for the proper prosecution of the offense committed;
4. his testimony can be substantially corroborated on its involving moral turpitude;
5. he does not appear to be the most guilty; and
6. he has not at any time been convicted of any crime involving moral turpitude
SEC. 11. SWORN STATEMENT – Before any person is admitted into the program he shall execute a sworn statement describing in detail the manner the offense was committed and his participation therein.
If his application is denied,said sworn statement and other testimony given in support of said application shall not be admissible in evidence,except for impeachment purposes.
SEC.12 EFFECT OF ADMISSION OF A STATE WITNESS INTO THE PROGRAM –
Admission into the program shall entitle such state witness to immunity from criminal prosecution for the offenses in which his testimony will be given and used.
SEC. 13. FAILURE OR REFUSAL OF THE WITNESS TO TESTIFY – Failure without just cause when lawfully obliged to do so, shall be prosecuted for contempt. If he testifies falsely or evasively, he shall be liable for perjury. His immunity shall be removed and he shall be subject to contempt or criminal prosecution.
Section 4. Order in the examination of an individual witness.
ORDER:
1. direct examination;
2. cross-examination;
3. redirect examination;
4. re-cross examination;
PURPOSES OF CROSS-EXAMINATION:
1. To discredit the witness;
2.To discredit the testimony of the witness;
3.To clarify certain matters;
4.To elicit admissions from a witness.
SCOPE OR LIMITS OF CROSS-EXAMINATION:
1. ENGLISH RULE—where a witness is called to testify to a particular fact, he becomes a witness for all purposes and may be fully cross-examined upon all matters material to the issue, the examination not being confined to the matters inquired about in the direct examination.
2. AMERICAN RULE—restricts cross-examination to facts and circumstances which are connected with the matters that have been stated in the direct examination of the witness.
Under Philippine jurisdiction, we follow the two rules, specifically under the following instances:
In civil cases, we follow the English Rule, which allows the cross-examination to elicit all important facts bearing upon the issue (Sec. 6), but this does not mean that a party by doing so is making the witness his own in accordance with Section 5.
In two instances we follow the American Rule, 1. the accused may only be cross-examined on matters covered by direct examination,
2. hostile witness.
When cross-examination cannot be done or completed due to causes attributable to the party who offered the witness, the incomplete testimony is rendered incompetent and should be stricken from the record. Except where the prosecution witness was extensively cross-examined on the material points and thereafter failed to appear and cannot be produced despite a warrant for his arrest
PARTY CALLING THE FOLLOWING WITNESSES ARE NOT BOUND BY THEIR TESTIMONY:
1. adverse party
2. hostile witness;
3. unwilling witness.
HOSTILE WITNESS- A witness may be considered as unwilling or hostile only if so declared by the court upon adequate showing of:
ihis adverse interest; or
iunjustified reluctance to testify; or
ihis having misled the party into calling him to the witness stand.
Section 9. Recalling witness.
GENERAL RULE: After the examination of a witness by both sides has been concluded, the witness cannot be recalled without leave of court.
EXCEPTION:
ithe examination has not been concluded
irecall has been expressly reserved with the approval of the court
Section 10. Leading and misleading questions.
LEADING QUESTION—Question which suggests to the witness the answer which the examining party desires.
EXCEPTIONS:
1. On preliminary matters;
2. On cross-examination;
3. To adverse party witness;
4. To hostile witness;
5. To unwilling witness;
6. To children of tender age;
7. To deaf-mutes;
8. To those who are ignorant;
9. To those who are of weak minds;
10. To the officers of the adverse party who is a juridical person.
Under the Rule on examination of a child witness, corroboration shall not be required of a testimony of a child. His testimony, if credible by itself, shall be sufficient to support a finding of fact, conclusion, or judgment subject to the standard of proof required in criminal and non-criminal cases (Sec. 22 of the Rule on examination of a child witness).
MISLEADING QUESTION- one which assumes as true a fact not yet testified to by the witness, or contrary to that which he has previously stated. It is NOT allowed.
Exceptions:
1. when waived
2. asking hypothetical questions to an expert witness
Only one counsel should be allowed to examine a witness in a single stage. However, the other counsel may make objection to testimony.
REASONS:
1. To protect the witness from undue and confusing interrogation; and
2. To secure system and brevity by giving the control of the interrogation to a single hand.
WHEN QUESTION PRELIMINARY—when the question does not touch on any issue.
A question that merely suggests a subject without suggesting an answer or a specific thing is not a leading question. Example: “State whether anything occurred between you and the defendants on the evening of January 9, 1913”.
Section 11. Impeachment of adverse party’s witness.
WAYS OF IMPEACHING ADVERSE PARTY’S WITNESS:
1. By contradictory evidence;
2. By evidence that the general reputation for truth, honesty, or integrity of the witness is bad; or
3. By prior inconsistent statements.
PROCEDURE FOR IMPEACHING WITNESS BY EVIDENCE OF PRIOR INCONSISTENT STATEMENTS (“LAYING THE PREDICATE”)
1. The statement must be related to him with the circumstances of the times and places and the persons present;
Ùif the statement be in writing they must be shown to the witness before any question is put to him concerning them; and
2. He must be asked whether he made such statements, and if so, allowed to EXPLAIN them.
NOTE: Where the previous statements of a witness are offered as evidence of an admission, and not merely to impeach him, the rule on laying the predicate does not apply.
Section 13. How witness impeached by evidence of inconsistent statements.
GENERAL RULE: a party who voluntarily offers the testimony of a witness in the case is bound by the testimony of the said witness.
EXCEPTIONS:
1. in the case of a hostile witness
2. where the witness is the adverse party or the representative of a judicial person which is the adverse party; and
3. when the witness is not voluntarily offered but is required by law to be presented by the proponent as in the case of subscribing witness
Section 16. When witness may refer to memorandum.
REVIVAL OF PRESENT MEMORY/ PRESENT RECOLLECTION REVIVED - A witness may be allowed to refresh his memory respecting a fact, by anything written or recorded by himself or under his direction as the time when the fact occurred, or immediately thereafter.
PAST RECOLLECTION RECORDED/REVIVAL OF PAST RECOLLECTION - A witness may also testify from such writing or record, though he retains no recollection of the particular facts, if he is able to swear that the writing or record correctly stated the transaction when made, but such evidence must be received with caution.
PRESENT MEMORY REVIVED
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PAST RECOLLECTION RECORDED
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Memory is obscure but there is still memory;
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Recollection is zero
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The main evidence is the testimony of the witness and the memorandum;
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The main evidence is the memorandum.
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The witness simply testifies that he knows that the memorandum is correctly written by him or under his direction; no need to swear.
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Witness must swear that the writing correctly states the transaction.
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The memorandum from which the witness may be permitted to refresh his memory need not be an original writing. It is sufficient if it is shown that the witness knows the copy to be a true one, and his memory refreshed thereby enables him to testify from his own recollection of the facts, independent of his confidence in the accuracy of the copy.
Section 17. When part of transaction, writing or record given in evidence, the remainder admissible.
RULE ON COMPLETENESS—When part of an act, declaration, conversation, writing or record is given in evidence by one party, the whole of the same subject may be inquired into by the other, and when a detached act, declaration, conversation, writing, or record is given in evidence, any other act, declaration, conversation, writing or record necessary may also be given in evidence.
AUTHENTICATION AND PROOF OF DOCUMENTS
Section 19. Classes of documents.
AUTHENTICATION—PROVING the due execution and genuineness of the document.
CLASSES OF DOCUMENTS:
For the purpose of their presentation in evidence, documents are either in public or private (Sec. 19).
PUBLIC DOCUMENTS:
1. The written official acts, or records of the official acts of the sovereign authority, official bodies and tribunals, and public officers, whether of the Philippines, or of a foreign country;
2. Documents acknowledged before a notary public except last wills and testaments; and
3. Public records, kept in the Philippines, of private documents required by law to be entered therein.
PUBLIC WRITING DISTINGUISHED FROM PRIVATE WRITING:
PUBLIC WRITING
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PRIVATE WRITING
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As to authenticity
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a public document is admissible evidence, without further proof of its genuineness and due execution
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a private writing must be proved relative to its due execution and genuineness-its authenticity-before it may be received in evidence.
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As to persons bound
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a public instrument is evidence even against third persons, of the fact which gave rise to its due execution and to the date of the latter;
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a private writing binds only the parties who executed them or their privies, insofar as due execution and date of the document are concerned.
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As to validity of certain transactions
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certain transactions must be in a public document, otherwise they will not be given any validity.
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The following are private writings which may be admitted in evidence without previous proof of its authenticity and due execution:
1. When the genuineness and due execution of the document is admitted by the adverse party;
2. When such genuineness and due execution are immaterial to the issue;
3. When the document is an ANCIENT DOCUMENT;
NOTE: Ancient Document Rule applies only if there are no other witnesses to determine authenticity.
E-COMMERCE LAW
R.A. 8792
Electronic Document – It refers to information or representation of information, date, figures, symbols by which a right is established or an obligation extinguished, or which a fact may be proved and affirmed which is received, recorded, transmitted, stored, processed, retrieved or produced electronically.
Electronic Data Message – refers to information generated, sent, received or stored by electronic, optical or similar means.
Electronic Signature – refers to any distinctive mark, characteristic and/or sound in electronic form, representing the identity of a person and attached to or logically associated with the electronic data message or electronic document or any methodology or procedures employed or adopted by a person and executed or adopted by such person with the intention of authenticating or approving an electronic data message or electronic document.
REQUISITES FOR THE ADMISSIBILITY OF ELECTRONIC DOCUMENT:
a. Where the law required a document to be in writing, the requirement is met by an electronic document if the said electronic document maintains its integrity and reliability and can be authenticated so as be usable for subsequent reference.
(i) The electronic document has remained complete and unaltered, apart from the addition of any endorsement and any authorized change or any change which arises in the normal course of communication, storage and display; and
(ii) The electronic document is reliable in the light of the purpose for which it was generated and in the light of all relevant circumstances.
b. Paragraph (a) applies whether the requirement therein is in the form of an obligation or whether the law simply provides consequences for the document not being presented or retained in its original form.
c. Where the law requires that the document be presented or retained in its original form, that requirement is met by an electronic document if
(i) There exist a reliable assurance as to the integrity of the document from the time it was first generated in its final form; and
(ii) That document is capable of being displayed to the person to whom it is to be presented; provided that no provision of his act shall apply to vary any and all requirements of existing laws on formalities required in the execution of documents for their validity.
For evidentiary purposes, an electronic document shall be the functional equivalent of a written document under existing laws.
BURDEN OF PROOF: The person seeking to introduce an electronic data message or elctronic document in any legal proceeding has the burden of proving its authenticity by evidence capable of supporting a finding that the electronic data message or electronic document is what the person claims to be.
RULES ON ELECTRONIC EVIDENCE
(August 1, 2001)
Manner of Authentication of electronic documents:
1. By evidence that it has been digitally signed by the person purported to have signed the same;
2. By evidence that other appropriate security procedures or devices as may be authorized by the Supreme Court or by law for authentication of electronic documents were applied to the document.
3. By other evidence showing its integrity and reliability to the satisfaction of the judge.
Authentication of Electronic Signatures:
1. The electronic signature is that of the person to whom it correlates;
2. By any other means provided by law;
3. By any other means satisfactory to the judge as establishing the genuineness of the electronic signature.
Business Records as Exception to the Hearsay Rule:
A memorandum, report, record or data compilation of acts, events, conditions, opinions or diagnoses, made by electronic, optical, or other similar means at or near the time of or from transmission or supply of information by a person with knowledge thereof, and kept in the regular course or conduct of business activity, and such was the regular practice to make the memorandum, report, record or data compilation by electronic, optical, or similar means, all of which are shown by the testimony of the custodian or other qualified witnesses, is excepted from the rule on hearsay evidence.
This presumption may be overcome by evidence of the untrustworthiness of the source of information or the method or circumstances of the preparation, transmission or storage thereof.
METHOD OF PROOF:
All matters relating to the admissibility and evidentiary weight of electronic document may be established by an affidavit stating facts of direct personal knowledge of the affiant or based on authentic records . The affidavit must affirmatively show the competence of the affiant to testify on the matters contained therein.
Cross Examination: The affiant shall be made to affirm the contents of the affidavit in open court and may be cross-examined as a matter of right by the adverse party.
C. OFFER AND OBJECTION
Section 34. Offer of evidence.
Why purpose of offer must be specified — to determine whether that piece of evidence should be admitted or not.
Because such evidence may be admissible for several purposes under the doctrine of multiple admissibility, or may be admissible for one purpose and not for another, otherwise the adverse party cannot interpose the proper objection. Evidence submitted for one purpose may not be considered for any other purpose.
NOTE: Where the evidence is inadmissible for the purpose stated in the offer, it must be rejected, though the same may be admissible for another purpose. The reason is that the adverse party is prevented from objecting to the admissibility thereof on grounds other than those available to meet the stated purpose.
In Mata Vda. De Onate vs. CA, the Court allowed evidence not formally offered to be admitted and considered by the trial court provided the following requirements are present:
1. the same must have been duly identified by testimony duly recorded;
2. the same must have been incorporated to the records of the case.
Section 35. When to make offer.
WHEN OFFER OF TESTIMONIAL/ORAL EVIDENCE MADE—at the time the witness is called to testify.
There is another kind of offer: AN IMPLIED OFFER. Every time a question is asked of a witness, there is an implied automatic offer of the evidence sought to be enlisted by the question. If there is any objection to the question, the same must be raised immediately, otherwise, there is a waiver, because there is an implied automatic offer of evidence for every specific evidence called for by a specific question.
THEREFORE, oral evidence is always being offered twice:
1. before the witness testifies; and
2. every time a question is asked of him.
WHEN OFFER OF DOCUMENTARY AND OBJECT EVIDENCE SHOULD BE MADE—after the party has presented his testimonial evidence. Before he rests, he must make a formal offer of all his documentary and object evidence and specify the purposes for which he is offering these evidence.
PROCEDURE BEFORE DOCUMENTARY AND OBJECT EVIDENCE CAN BE CONSIDERED BY THE COURT:
1.marking;
2.identification;
3.authentication;
4.formal offer; and
5.if the evidence is excluded, an offer of proof.
Of course, you can dispense with authentication and identification if there is a stipulation on the due execution and genuineness of the document.
a. if it is a private document, then there is a need for a stipulation on that.
b. if it is a public document, then there is a need for authentication.
STAGES IN THE PRESENTATION OF DOCUMENTARY EVIDENCE:
1. IDENTIFICATION
By identification is meant a proof that the document being presented is the same one referred to by the witness in his testimony.
2. MARKING
& All exhibit should be marked to facilitate their identification. The marking may be made at the pre-trial or during the trial.
& The plaintiff and the prosecution use capital letters (“A”, “B”, “C”, etc.) and the accused use Arabic numbers (“1”, “2”, “3”, etc.)
& If the exhibit is presented in connection with an affidavit, like in support or in opposition to a motion to dismiss, the words “Motion to Dismiss” should be added after the letter or number.
3. AUTHENTICATION
The proof of a document’s due execution and genuineness if the purpose is to show that it is genuine, or the proof of its forgery, if the purpose is to show that the document is a forgery.
4. INSPECTION
Under Section 18 of Rule 132, whenever a writing is shown to a witness, it may be inspected by the adverse party.
5. FORMAL OFFER
After the termination of the testimonial evidence, the proponent will then make a formal offer and state the purpose for which the document is presented (Rule 132, Sec. 34)
6. OBJECTIONS
The objection to the introduction or presentation of the document shall be made when it is formally offered in evidence (Rule 132, Sec. 36)
There is a distinction between identification of documentary evidence and formal offer of documentary evidence as an exhibit:
a. In identification of documentary evidence, the same is done in the course of the trial and is accompanied by the marking of the evidence as an exhibit.
2. In formal offer of a documentary evidence as an exhibit, the same is done when the party has presented his testimonial evidence.
The mere fact that a particular document is identified and marked as an exhibit does not mean that it will be or has been offered as part of the evidence of the party. The party may decide to formally offer it if it believes this will advance its cause, and then again it may decide not to do so at all.
Section 36. Objection
MODES OF EXCLUDING INADMISSIBLE EVIDENCE:
1. Objection-when the evidence is offered.
2. Motion to strike out or Expunge – proper in the following cases:
a. when the witness answers prematurely before there is reasonable opportunity for the party to object (Sec. 39);
b. unresponsive answers;
c. answers that are incompetent, irrelevant, or improper (Sec. 39);
d. uncompleted testimonies where there was no opportunity for the other party to cross-examine.
Section 40. Tender of excluded evidence
What is meant by “tender of excluded evidence”?
Where the court refuses to permit the counsel to present testimony which he thinks is competent, material and necessary to prove his case, the method of properly preserving the record to the end that the question may be saved for the purpose of review, is through the making of an offer of proof (tender of excluded evidence).
PURPOSES:
1. to inform the court what is expected to be proved; and
2. procuring exceptions to the exclusion of the offered evidence so that the appellate court may determine from the record whether the proposed evidence is competent.
How made?
a. As to documentary or object evidence:
May have the same attached to or made part of the record.
b. As to oral evidence:
May state for the record the name and other personal circumstances of the witness and the substance of the proposed testimony.
OFFER OFPROOF/TENDER OF EXCLUDED EVIDENCE
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OFFER OF EVIDENCE
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Only resorted to if admission is refused by the court for purposes of review on appeal.
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Refers to testimonial, documentary or object evidence that are presented or offered in court by a party so that the court can consider his evidence when it comes to the preparation of the decision
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RULE ON CONTINUING OBJECTIONS – If the same class of evidence is presented by a proponent and it is objected to by the adverse party, and a court has already made a ruling on the objection, the adverse party does not have to repeat the objection all over again. The adverse party can just tell the court that he is giving a continuing objection to the line of question propounded. The advantage of this, is on appeal, it will appear on the record of the case that there is an objection made in the trial court. It is always important that the records indicate that an objection has been made because an objection that has not been made is a waiver.
Evidence presented during the hearing of the motions will also be considered evidence during trial of the case.
RULE 133
WEIGHT AND SUFFICIENCY OF EVIDENCE
WEIGHT OF EVIDENCE—probative value or credit that the court gives to particular evidence admitted to prove a fact in issue.
Section 1. Preponderance of evidence, how determined.
PREPONDERANCE OF EVIDENCE—evidence which is of greater weight or more convincing or superior weight of evidence than that which is offered in opposition to it.
REASONABLE DOUBT — doubt engendered by an investigation of the whole proof and an inability, after such investigation, to let the mind rest easy upon the certainty of guilt. Absolute certainty of guilt is not demanded by the law to convict a person charged for the commission of an offense, but moral certainty is requires as to every proposition of proof requisite to constitute the offense.
EQUIPONDERANCE OF EVIDENCE — The evidence of both parties when placed on the division scale is balance. In civil cases, this means that the court will rule in favor of the party who has no burden of proof. In criminal cases, this means acquittal of the accused.
POSITIVE TESTIMONY DISTINGUISHED FROM NEGATIVE TESTIMONY:
POSITIVE TESTIMONY—is when the witness affirms that a fact did or did not occur;
NEGATIVE TESTIMONY—is when a witness states that he did not see or know of the occurrence of a fact.
Positive testimony has greater weight than negative evidence.
ALIBI - must be established by positive, clear and satisfactory evidence.
Requisites:
1. showing that not only is the accused somewhere else
2. but also it was physically impossible for him to be at the scene of the crime at the time of its commission.
One of the weakest defenses because of the facility with which it can be fabricated.
OUT OF COURT IDENTIFICATION: The Supreme Court has held that on the admissibility and reliability of out-of-court identification of suspects, courts have adopted the “totality of circumstances” test which utilizes the following factors:
1. the witness’ opportunity to view the criminal at the time of the crime;
2. the witness’ degree of attention at that time;
3. the accuracy of any prior description given by the witness;
4. the level of certainty demonstrated by the witness at the identification;
5. the length of time between the crime and the identification; and
6. the suggestiveness of the identification procedure
RES IPSA LOQUITUR (The thing speaks for itself)- a maxim for the rule that the fact of the occurrence of an injury, taken with the surrounding circumstances, may permit an inference or raise a presumption of negligence, or make out a plaintiff’s prima facie case, and present a question of fact for the defendant to meet with an explanation. The doctrine is simply a recognition of postulate that as a matter of common knowledge and experience, the very nature of certain types of occurrences may justify an inference of negligence on the part of person who controls the instrumentality causing the injury, in the absence of some explanation by him. However, it does not dispense with the requirement of proof of negligence.
RULE ON PARTIAL CREDIBILITY:
Falsus in uno, Falsus in omnibus (False in one thing, false in everything)
If the testimony of the witness on a material issue is willfully false and given with an intention to deceive, court may disregard all the witness’ testimony.
IMPORTANT:
a. Deals only with the weight of evidence and not a positive rule of law.
b. The witnesses’ false or exaggerated statements on other matters shall not preclude the acceptance of such evidence as is relieved from any sign of falsehood.
c. The court may accept and reject portions of the witness’ testimony depending on the inherent credibility thereof.
This is NOT a mandatory rule of evidence but is applied by the courts in its discretion.
Section. 3 Extrajudicial confession, not sufficient ground for conviction.
An extrajudicial confession is not sufficient ground for conviction UNLESS corroborated by evidence of corpus delicti.
CORPUS DELICTI—the actual commission by someone of the particular crime charged.
2 Elements:
1. the existence of a certain act or result which is the basis of the criminal charge
2. the existence of a criminal agency as the cause of the act or result.
NOTE: The identity of the accused is not a necessary element of the corpus delicti.
Section 4. Circumstantial evidence, when sufficient.
It is sufficient for conviction if:
a. There is more than one circumstance;
b. The facts from which the inferences are derived are proven; and
c. The combination of all the circumstances is such as to produce a conviction beyond reasonable doubt.
Direct evidence distinguished from circumstantial evidence.
Direct Evidence
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Circumstantial Evidence
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establishes the existence of a fact in issue without the aid of any inference or presumption.
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does not prove the existence of a fact in issue directly, but merely provides for logical inference that such fact really exists.
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the witnesses testify directly of their own knowledge as to the main facts to be proved.
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each proof is given of facts and circumstances from which the court may infer other connected facts which reasonably follow, according to the common experience of mankind.
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