Positive Vs Negative Evidence

Positive vs Negative Evidence
a. Positive – evidence that affirms the occurrence of an event or

existence of a fact, as when a witness declares that there was no
fight which took place
b. Negative – when the evidence denies the occurrence of an event

or existence of a fact, as when the accused presents witnesses
who testify that the accused was at their party when the crime was
committed. Denials and alibi are negative evidences.
c. The general rule is that positive evidence prevails over negative

evidence, or that a positive assertion is given more weight over a
plain denial.
xxx
Evidence is negative when the witness states that he did not see or know
the occurrence of a fact, and positive when the witness affirms that a fact
did or did not occur (2 Moore an Facts, p 1338).
https://lawphil.net/judjuris/juri1993/jan1993/gr_95329_1993.html
xxx
The established rule is that "denials, if unsubstantiated by clear and

convincing evidence, are deemed negative and self-serving evidence
unworthy of credence.
https://lawphil.net/judjuris/juri2006/dec2006/
gr_164575_2006.html#fnt21
xxx
An evidence is negative when the witness states that he did not see or
know the occurrence.
In this case, what Santiago declared in the RTC is that he did not hear
anything, but such testimony does not negate the positive assertion of
AAA that she was raped. Thus, "[b]etween the positive assertions of the
[victim] and the negative averments of the [appellant], the former
indisputably deserve more credence and are entitled to greater evidentiary
weight. Furthermore, we agree with both the RTC and the CA that lust is
no respecter of time and precinct and known to happen in most unlikely
places. Indeed, rape can either happen in populated area or in the privacy
of a room.
https://lawphil.net/judjuris/juri2012/jun2012/
gr_193665_2012.html#fnt12
xxx
The general rule is that if a criminal charge is predicated on a negative

allegation, or a negative averment is an essential element of a crime, the
prosecution has the burden to prove the charge. However, this rule admits
of exceptions. Where the negative of an issue does not permit of direct
proof, or where the facts are more immediately within the knowledge of
the accused, the onus probandi rests upon him.
Stated otherwise, it is not incumbent on the prosecution to adduce

positive evidence to support a negative averment the truth of which is
fairly indicated by established circumstances and which, if untrue, could
readily be disproved by the production of documents or other evidence
within the defendant's knowledge or control. For example, where a charge
is made that a defendant carried on a certain business without a license
(as in the case at bar, where the accused is charged with the sale of a
regulated drug without authority), the fact that he has a license is a
matter which is peculiarly within his knowledge and he must establish that
fact or suffer conviction.
Even in the case of Pajenado, this Court categorically ruled that although
the prosecution has the burden of proving a negative averment which is
an essential element of a crime, the prosecution, in view of the difficulty of
proving a negative allegation, "need only establish a prima facie case from
the best evidence obtainable."
In fact, Pajenado was acquitted of the charge of illegal possession of

firearm for the Court found that, in said case, the prosecution was not able
to establish even a prima facie case upon which to hold him guilty of the
crime charged.
https://lawphil.net/judjuris/juri1994/feb1994/gr_107623_1994.html
xxx
"Negative testimony" is made clear as testimony that a fact did not exist,
that a thing was not done, that one did not hear––is admissible and, in the
absence of opposing testimony, is usually regarded as of sufficient
probative force to sustain a verdict. It is however, a long recognized
general rule of evidence that all other things being equal, positive
evidence is stronger than negative evidence.
https://lawphil.net/judjuris/juri2006/dec2006/
gr_164575_2006.html#fnt23

Positive Vs Negative Evidence

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Positive Vs Negative Evidence

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Positive vs Negative Evidence

a. Positive – evidence that affirms the occurrence of an event or

b. Negative – when the evidence denies the occurrence of an event

c. The general rule is that positive evidence prevails over negative

The established rule is that "denials, if unsubstantiated by clear and

The general rule is that if a criminal charge is predicated on a negative

Stated otherwise, it is not incumbent on the prosecution to adduce

In fact, Pajenado was acquitted of the charge of illegal possession of

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