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Evidence
1
I. PRELIMINARY CONSIDERATION:
As an element of our Criminal Justice System, it is the duty of every law enforcement agencies to provide the prosecution
with the materials and information (Evidence) necessary in order to support conviction.
Every person is entitled to be presumed innocent of a crime or wrong, unless proven otherwise. This is a prima facie
presumption which must be overcome by proof beyond reasonable doubt.
Trial refers to “the examination before a competent tribunal, according to the laws of the land, of the facts in issue in a
cause, for the purposes of determining such issue” (U.S. v. Raymundo, 14 Phil 416).
Evidence helps in the determination of Questions of Facts by helping the judge reconstruct the chain of events from the
conception up to the consummation of a criminal design.
Factum Probandum – The ultimate facts to be proven. These are the propositions of law.
Examples:
• murder was committed thru treachery
• robbery was made through force upon things
Examples:
• exit wounds were in front indicating that victim was shot at the back
• destroyed locks indicative of force upon things
Evidence – the means to arrive at a conclusion. Under the Revised Rules of Court, evidence is defined as “the means,
sanctioned by the rules, for ascertainment in a judicial proceeding, the truth, respecting a matter of fact”.
Proof – the result of introducing evidence. The establishment of a requisite degree of belief in the mind of the judge as to
the facts in issue. It refers to the accumulation of evidence sufficient to persuade the trial court.
Quantum of evidence – the totality of evidence presented for consideration
Quantum of proof – refers to the degree of proof required in order to arrive at a conclusion.
Burden of evidence – the duty of a party of going forward with evidence.
Burden of proof – the duty of the affirmative to prove that which it alleges.
1. Criminal Action – proof beyond reasonable doubt [that degree of proof which produces conviction in an unprejudiced
mind]
2. Civil Action – preponderance of evidence [evidence of greater weight or more convincing than that which is offered to
refute it]
3. Administrative Action – sufficiency of evidence [that amount of relevant evidence which a reasonable mind might
accept as adequate to justify a conclusion]
Evidence ILLEGALY OBTAINED are inadmissible for reasons of public policy. This is so because of the constitutional
requirement of due process. Due process has been defined as “the law that hears before it condemns, which proceeds upon
inquiry, and renders judgment only after fair trial”.
As a result, jurisprudence has evolved a rule that renders inadmissible any evidence obtained in an illegal search from being
introduced in trial.
If the evidence is of a type which cannot be easily recognized or can readily be confused or tampered with, the proponent
of the object must present evidence of its chain of custody. The proponent need not negate all possibilities of substitution or
tampering in the chain of custody, but must show that:
The evidence is identified as the same object which was taken from the scene;
It was not tampered with, or that any alteration can be sufficiently explained (i.e. discoloration due to the application of
ninhydrine solution, etc.); and
The persons who have handled the evidence are known and may be examined in court with regard to the object.
A. Concepts of evidence:
Admissibility of Evidence:
Note: To determine the relevancy of any item of proof, the purpose for which it is sought to be introduced must first be
known (There must be a formal offer).
Whether or not the factual information tendered for evaluation of the trial court would be helpful in the determination of the
factual issue that is disputed.
It is the tendency of the evidence to establish the proposition that it is offered to prove.
“Collateral Matters” not admissible except when it tend in any reasonable degree to establish probability or improbability of
the fact in issue.
Collateral matters – matters other than the fact in issue and which are offered as a basis for inference as to the existence or
non-existence of the facts in issue.
1. Antecedent circumstances – facts existing before the commission of the crime [i.e. hatred, bad moral character of the
offender, previous plan, conspiracy, etc.]
2. Concomitant circumstances – facts existing during the commission of the crime [i.e. opportunity, presence of the
accused at the scene of the crime, etc.]
3. Subsequent circumstances – facts existing after the commission of the crime [i.e. flight, extrajudicial admission to third
party, attempt to conceal effects of the crime, possession of stolen property, etc.]
Judicial notice is based on necessity and expediency. This is so because what is known need not be proved.
1. mandatory
2. discretionary
3. hearing required
Yes. A forged or spurious document when presented in court for examination is considered as the original fake/forged
document. Thus, a mere photocopy of the allegedly forged or spurious document is only secondary to the original
questioned document.
Secondary Evidence
When the original document has been:
1. lost,
2. destroyed, or
3. cannot be produced in court.
Qualifications of witnesses:
1. can perceive
2. can make known their perception to others
3. not disqualified by reason of mental incapacity, immaturity, marriage, privileged communications, or “dead man’s
statute”.
Exception:
1. admission by a co-partner or agent
2. admission by a conspirator
3. admission by privies
4. admission by silence
In the above cases, the admission of one person is admissible as evidence against another.
Testimonial Knowledge:
General Rule: A witness can testify only to those facts which he knows of his personal knowledge; that is, which are derived
from his own perception. Any statement which derives its strength from another’s personal knowledge is hearsay, and is
therefore inadmissible.
Exceptions:
1. Dying declarations (ante-mortem statements)
2. Declaration against interest
3. Act or declaration about pedigree
4. Family reputation or tradition regarding pedigree
5. Common reputation
6. Part of the res gestae
7. Entries in the course of business
8. Entries in official records
9. Commercial lists and the like
10. Learned treatises
11. Testimony or deposition at a former proceeding
12. Examination of child victim/witness in cases of child abuse
Burden of proof – the duty of a party to present evidence on the facts in issue necessary to establish his claim or defense by
the amount of evidence required by law.
Presumption – an inference as to the existence of a fact not actually known, arising from its usual connection with another
which is known or a conjecture based on past experience as to what course human affairs ordinarily take.
2 kinds of presumptions:
1. Conclusive presumptions [jure et de jure] – based on rules of substantive law which cannot be overcome by evidence
to the contrary.
2. Disputable presumptions [prima facie presumptions, rebuttable presumptions] – based on procedural rules and may be
overcome by evidence to the contrary.
Presentation of Evidence:
The examination of witnesses presented in a trial or hearing shall be done is open court, and under oath or affirmation.
Unless the witness is incapacitated to speak, or the question calls for a different mode of answer, the answer of the witness
shall be given orally.
Direct examination – the examination in chief of a witness by the party presenting him on the facts relevant to the issue.
Cross examination – the examination by the adverse party of the witness as to any matter stated in the direct examination,
or connected therewith, with sufficient fullness and freedom from interest or bias, or the reverse, and to elicit all important
facts bearing upon the issue.
Re-direct examination – second questioning by the proponent to explain or supplement answers given in the cross
examination.
Re-cross examination – second questioning by the adverse party on matters stated on the re-direct and also on such
matters as may be allowed by court.
Classes of Documents:
Documents are either public or private.
1. The written official acts, or records of the official acts of sovereign authority, official bodies and tribunals, and public
officers, whether of the Philippines, or a foreign country.
2. Documents acknowledged before a notary public except last wills and testaments.
3. Public records (1) kept in the Philippines, or private documents (2) required by law to be entered therein.
Dura lex sed lex – the law may be harsh but it is the law.
Nulum crimen, nulla poena sine lege – there is no crime when there is no law punishing the same.
Actus non facit reum, nisi mens sit rea – the act cannot be criminal where the mind is not criminal.
Actus mi invictu reus, nisi mens facit reum – an act done by me against my will is not my act.
Pro Reo – principle in Criminal Law which states that where the statute admits of several interpretations, the one most
favorable to the accused shall be adopted.
Falsus in unum, falsus in omnibus – false in one part of the statement would render the entire statement false (note: this
maxim is not recognized in our jurisdiction).
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