Basic Rules in Evidence

By: Judge Debbie G. Dulay - Del Val

 Outline
 Preliminary Considerations
 General Provisions
 Concepts of evidence
 Different kinds of evidence
 Judicial Notice
 Confession and Admission
 Object Evidence
 Documentary Evidence
 Testimonial Evidence
 Burden of Proof and Presumptions
 Presentation of Evidence
 What is the Importance of
Evidence in Law Enforcement?
As one of the pillars of justice, it is the duty
of every law enforcement agency to
provide the Prosecution with the materials
and information (Evidence) necessary in
order to support a conviction.
 Linking the chain of events
through Evidence during Trial
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
 Linking the chain of events
through Evidence during Trial
Evidence helps in the determination of
Factual Issues and Questions of Facts
by helping the judge reconstruct the chain
of events from the conception up to the
consummation of a criminal design.
 Factual Issues
Factual issues arise when a party specifically
denies material allegations in the adverse
party's pleading.
These are the issues which the judge cannot
resolve without evidence being presented
thereon.
Thus, whether a certain thing exists or not,
whether a certain act was done or not,
whether a certain statement was uttered or
not, are questions of fact that require
evidence for their resolution.
 Questions of Facts
Questions of fact exist when the doubt or
difference arises as to the truth or
falsehood of alleged facts.
 Evidence
Evidence is the means of proving a fact.
It becomes necessary to present evidence
in a case when the pleadings filed present
factual issues
 Terms to Remember
PROOF - the result or effect of evidence.
When the requisite quantum of evidence
of a particular fact has been duly admitted
and given weight, the result is called the
proof of such fact.
 Terms to Remember
 FACTUM PROBANDUM
 the ultimate fact or the fact
sought to be established.
 Refers to proposition
 Examples:
• murder was committed
thru treachery
• robbery was made through
force upon things
 FACTUM PROBANS
 is the evidentiary fact or the
fact by which the factum
probandum is to be
established.
 Materials which establish the
proposition.
 Examples:
• exit wounds were in front
indicating that victim was
shot at the back
• destroyed locks indicative
of force upon things
Thus, the outcome of every trial is
determined by:

• Propositions of law, and

• Questions of fact.
 Evidence
It is a means of ascertainment – used to
arrive at a legal conclusion
It is sanctioned by the rules of court –
meaning, not excluded by the rules on
relevancy and admissibility
 Evidence
It is used in a judicial proceeding –
there is a jural conflict involving different
rights asserted by different parties
It pertains to the truth respecting a
matter of fact – evidence represents a
“claim” either for the prosecution or for the
defense where issues (clashes of view)
are present.
 Evidence
Hence, 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”.
 Terms to Remember
Quantum of evidence Quantum of proof
The totality of Refers to the degree
evidence presented of proof required in
for consideration order to arrive at a
conclusion.
 Terms to Remember
Burden of evidence Burden of proof
The duty of a party of The duty of the
going forward with affirmative to prove
evidence. that which it alleges.
 Variations on degrees of proof
based on type of action
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 – substantial evidence
[that amount of relevant evidence which a
reasonable mind might accept as adequate to
justify a conclusion]
 Exclusionary Rule
 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.
 “Fruit of the poisonous tree” doctrine
Principle of Chain of Custody of
Evidence
 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.
 ADMISSIBILITY OF EVIDENCE
The study of the law on evidence involves
two main problems:
1. Determining whether a given piece of
evidence is admissible; and
2. The proper presentation of that
evidence so that the court will consider it
in resolving the issues and deciding the
case.
 ADMISSIBILITY OF EVIDENCE
Although evidence may, by itself, be
admissible, the court may not admit or
consider it in the resolution of the case
unless the evidence was properly
presented.
 Axiom of Admissibility of
Evidence
For evidence to be admissible, it
must be:
1) Relevant to the issue [relevancy
test], and
2) Not excluded by the law or rules of
court [competency test].
 Axiom of 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).
 Test of Relevancy of Evidence
Evidence is relevant if it tends in any
reasonable degree to establish the
probability or improbability of a fact in
issue.
In other words, evidence is relevant when
it is:
1) material, and
2) has probative value
 What is meant by “probative
value”?
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.
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.
Collateral matters are classified
into:
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
Judicial notice is based on necessity and
expediency. This is so because what is
known need not be proved.

Different kinds of judicial notices:

1. Mandatory
2. Discretionary
 Confession and Admission
Confession Admission
An acknowledgement An acknowledgment
of guilt. of facts.
 Different kinds of
confession/admission
1. Judicial
2. Extrajudicial
3. Oral
4. Written
5. Voluntary
6. Forced
CLASSIFICATION OF EVIDENCE
ACCORDING TO FORM
 OBJECTIVE OR REAL EVIDENCE – directly addressed
to the senses of the court and consist of tangible things
exhibited or demonstrated in open court, in an ocular
inspection, or at place designated by the court for its
view or observation of an exhibition, experiment or
demonstration. This is referred to as autoptic preference.
 DOCUMENTARY EVIDENCE – evidence supplied by
written instruments or derived from conventional
symbols, such as letters, by which ideas are represented
on material substances
 TESTIMONIAL EVIDENCE – is that which is submitted
to the court through the testimony or deposition of a
witness.
 RELEVANT, MATERIAL AND
COMPETENT EVIDENCE
RELEVANT EVIDENCE – evidence
having any value in reason as tending to
prove any matter provable in an action.
The test is the logical relation of the
evidentiary fact to the fact in issue,
whether the former tends to establish the
probability or improbability of the latter.
 RELEVANT, MATERIAL AND
COMPETENT EVIDENCE
Material evidence – evidence is material
when it is directed to prove a fact in issue
as determined by the rules of substantive
law and pleadings.
Competent evidence – not excluded by
law.
 Classification of Evidence
Direct evidence – proves the fact in issue
without aid of inference or presumptions.
Circumstantial evidence - the proof of
fact or facts from which, taken either singly
or collectively, the existence of a particular
fact in dispute may be inferred as
necessary or probable consequence.
 Classification of Evidence
Positive evidence – evidence which
affirms a fact in issue.
Negative evidence - evidence which
denies the existence of a fact in issue.
Rebutting evidence – given to repel,
counter act or disprove facts given in
evidence by the other party.
 Classification of Evidence
Primary/Best evidence – that which the
law regards as affording the greatest
certainty.

Secondary evidence – that which

indicates the existence of a more original
source of information
 Classification of Evidence
 Expert evidence – the testimony of one possessing knowledge not usually
acquired by other persons.

 Prima facie evidence – evidence which can stand alone to support a

conviction unless rebutted.

 Conclusive evidence – incontrovertible evidence

 Cumulative evidence – additional evidence of the same kind bearing on

the same point.

 Corroborative evidence – additional evidence of a different kind and

character tending to prove the same point as that of previously offered
evidence. It tends to strengthen or confirm the evidence presented.
 Classification of Evidence
 Character evidence – evidence of a person’s moral
standing or personality traits in a community based on
reputation or opinion.
 Demeanor evidence – the behavior of a witness on the
witness stand during trial to be considered by the judge on
the issue of credibility.
 Demonstrative evidence – evidence that has tangible
and exemplifying purpose.
 Hearsay evidence – oral testimony or documentary
evidence which does not derive its value solely from
the credit to be attached to the witness himself.
 Testimonial evidence – oral averments given in open
court by the witness.
 Classification of Evidence
Object/Auotoptic proferrence/Real
evidence – those addressed to the senses
of the court (sight, hearing, smell, touch,
taste).
Documentary evidence – those consisting
of writing or any material containing
letters, words, numbers, figures, symbols
or other modes of written expression
offered as proof of its contents.
 Electronic Evidence
It is a competent evidence and admissible
if it complies with the rules on admissibility
prescribed by the rules and duly
authenticated in the manner prescribed by
the rules on evidence
Any probative information stored or
transmitted in digital form that a party to a
court case may use at trial
 Electronic document
Information or representation of
information data
By which a right is established or an
obligation is extinguished
Which is received, recorded, transmitted
or stored
 Ephemeral electronic
communication
Refers to telephone conversations, text
messages, chatroom sessions, streaming
audio, streaming video and other
electronic forms of communication the
evidence of which is not recorded or
retained
 Electronic documents as
functional equivale of paper-
based documents
Whenever a rule of evidence refers to the
term writing, document, record,
instrument, memorandum, or any form of
writing,
Such term shall deem to include electronic
documents
 Form of authentication
By evidence that it has been digitally
signed by the person purported to have
signed the same
By other evidence showing its integrity
and reliability to the satisfaction of the
judge
 Miscellaneous Doctrines
 Falsus in uno, falsus in omnibus
 “False in one thing, false in everything.”
 Particularly applied to the testimony of a witness who
may be considered unworthy of belief as to all the rest
of his evidence if he is shown to have testified falsely
in one detail
 Not an absolute rule and rarely applied in modern
jurisprudence
 Modern trend: flexibility of the testimony of the
witness which may be partly believed and partly
believed depending on the corroborative evidence
presented
 Miscellaneous Doctrines
 Alibi; Denial
 The defense of alibi is inherently weak and must be
rejected when the identity of the accused is
satisfactorily and categorically established by
eyewitnesses to the offense
 Alibi crumbles in light of positive identification
 To be meritorious, proof showing that the person
charged must be so far away that it would be
physically impossible to be at the place of the crime
or its immediate vicinity at the time of its commission
 Clear and convincing evidence that it was physically
impossible for the accused to be at the crime scense
during the commission of the crime
 Miscellaneous Doctrines
Physical impossibility – refers to distance
and facility of access between the situs
criminis and the location of the accused
when the crime was committed.
He must demonstrate that he was so far
away and could not been physically
present at the scene of the crime and its
immediate vicinity when the crime was
committed
 Miscellaneous Doctrines
Frame-up
Common and standard defenses in most
dangerous drugs cases
To prosper, the defense must adduce clear and
convincing evidence to overcome the
preseumption that government officials have
performed their duties in a regular and proper
manner.
Thus, in the absence of proof of motive to falsely
impute such a serious crime to the accused, the
presumption of regularity in the performance of
official duty shall prevail
 Miscellaneous Doctrines
Delay and initial reluctance in reporting a
crime
It does not render the testimony the
witnesses’ testimony to be false or incredible,
for the delay may be explained by the natural
reticence of people and their abhorrence to
get involved in a criminal case.
Flight or non-flight of the accused
Flight per se is not synonymous to guilt.
However, when unexplained, it is a
circumstance from which an inference of guilt
may be drawn.
Flight betrays a desire to evade responsibility
and is, therefore, a strong indication of guilt
 Best Evidence Rule
When the subject of the inquiry is the
contents of a document, no evidence
shall be admissible other than the
original of the document.
 Exceptions
 Original is lost or destroyed, or cannot be produced
in court without bad faith on the part of the offeror;
 When the original is in the custody of the party
against whom the evidence is offered, and the latter
fails to produce it after reasonable notice;
 When the original consists of numerous accounts or
other documents which cannot be examined in court
without great loss of time and the only fact sought to
be established is the general result of the whole;
and
 When the original is a public record in the custody of
a public officer or is recorded in a public office.
 Original Document
It is the subject of an inquiry
When in two or more copies executed at
or about the same time, with identical
contents.
When an entry is repeated in ordinary
course of business, one being copied from
another at or near the time of the
transaction.
 Classes of Documents
 Public documents are:
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 willsand testaments.

 3. Public records (1) kept in the Philippines, or private

documents (2) required by law to be entered therein.
All other writings are private.
 Electronic Evidence
It is a competent evidence and admissible
if it complies with the rules on admissibility
prescribed by the rules and duly
authenticated in the manner prescribed by
the rules on evidence
 Secondary Evidence
When the original document has been:
1. lost,
2. destroyed, or
3. cannot be produced in court.
The offeror without bad faith must:
1. prove its execution or existence, and
2. prove the cause of its unavailability.
 Secondary evidence
Secondary evidence may consist of:
1. a copy,
2. recital of its contents in some
authentic document, or
3. by testimony of witnesses.
When original document is in the
custody of:
adverse party – adverse party must have
reasonable notice to produce it. After such
notice and satisfactory proof of its
existence, he fails to produce it, secondary
evidence may be presented.
public officer – contents may be proved
by certified copy issued by the public
officer in custody thereof.
 TESTIMONIAL EVIDENCE
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”.
 “Res Inter Alios Acta” Rule
General Rule: The rights of a party cannot
be prejudiced by an act, declaration, or
omission of another.
Exceptions:
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 AND
PRESUMPTIONS
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.
 Inference vs. Presumption
Inference
A factual conclusion that can rationally be
drawn from other facts.
It is the result of the reasoning process.
It need not have alegal effect because it is
not madated by law.
Presumption
A rule of law directing that if a party
proves certain factd at a trial or hearing,
the fact finder must also accept an
additional fact (presumed fact) as proven
Unless sufficient evidence is proven to
rebut the preseumptin
It is mandatry unless rebutted
 2 kinds of presumptions:
Conclusive presumptions [jure et de
jure] – based on rules of substantive law
which cannot be overcome by evidence to
the contrary.
Disputable presumptions [prima facie
presumptions, rebuttable presumptions] –
based on procedural rules and may be
overcome by evidence to the contrary.
 Conclusive presumption
Presumption becomes irrebuttable upon
the presentation of evidence
And any evidence tending to rebut the
presumption is not admissible
 Disputable or Rebuttable
Presumption
It may be contradicted or overcome by
other evidence
 Effect of presumptions
A party in whose favor the legal
presumption exists may rely on and invoke
such legal presumption to establish a fact
in issue.
One need not introduce evidence to prove
the fact for a presumption is a prima facie
proof of the fact presumed.
 Kinds of Conclusive
Presumptions:
 Estoppel by record or judgment – the preclusion to deny the truth of
matters set forth in a record, whether judicial or legislative, and also deny
the facts adjudicated by a court of competent jurisdiction (Salud v. CA, 233
SCRA 387).
 Estoppel by deed – a bar which precludes a party to a deed and his privies
from asserting as against the other and his privies any right or title in
derogation of the deed or denying the truth of any material fact asserted in it
(Iriola v. Felices, 30 SCRA 202).

 Estoppel in pais – based upon express representation or statements or

upon positive acts or conduct. A party cannot, in the course of litigation or in
dealings in pais, be permitted to repudiate his representation or occupy
inconsistent positions.

 Estoppel against Tenant – the tenant is not permitted to deny the title of
his landlord at the time of the commencement of the relation of landlord and
tenant between them.
 Effect of a disputable
presumption
The effect upon the burden of proof is to
create the need of presenting evidence to
overcome the proma facie case created by
the presumption
If no contrary proof is offered, the
presumption will prevail
 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.
 Rights and Obligations of
witnesses:
1) To be protected from irrelevant, improper, or insulting
questions, and from harsh or insulting demeanor.
2) Not to be detained longer than the interest of justice requires.
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 the fact
from which the fact in issue would be presumed, but a
witness must answer to the facts of his previous final
conviction for an offense.
 Order of Examination of
individual witnesses:

Direct examination by the proponent
Cross examination by the opponent
Re-direct examination by the proponent
Re-cross examination by the opponent
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.
Different Types of Questions:
 Leading questions –It is one where the answer is
already supplied by the examiner into the mouth of
the witness. [Ex. You saw Jose killed Juan
because you were present when it happened,
didn’t you?]
 Misleading question – a question which cannot
be answered without making an unintended
admission. [Ex. Do you still beat your wife?]
 Compound question – a question which calls for
a single answer to more than one question. [Ex.
Have you seen and heard him?]
Different Types of Questions:
Argumentative question – a type of
leading question which reflects the
examiners interpretation of the facts. [Ex.
Why were you driving carelessly?]
Speculative question – a question which
assumes a disputed fact not stated by the
witness as true. [Ex. The victim cried in
pain, didn’t he?]
Different Types of Questions:
Conclusionary question – a question which
asks for an opinion which the witness is not
qualified or permitted to answer. [Ex. Asking a
high schooldrop-out whether the gun used is
a Cal. 45 pistol or 9mm pistol]
Cumulative question – a question which
has already been asked and answered.
Harassing/Embarrassing question – [Ex.
Are you a homosexual?]
 Classes of Documents
 Public documents are:
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 willsand testaments.

 3. Public records (1) kept in the Philippines, or private

documents (2) required by law to be entered therein.
All other writings are private.