Slide 4

Quasi-Judicial
Having a partly judicial character by possession of the right to hold hearings
on and conduct investigations into disputed claims and alleged infractions of
rules and regulations and to make decisions in the general manner of courts.
PLEB as quasi-judicial
LEGAL BASIS:
Section 43 of RA 6975 (DILG Act of 1990)

The PLEB shall have jurisdiction to hear and decide citizen's complaints or cases
filed before it against erring officers and members of the PNP.

HEAR
-receives evidence
• PLEB is mandated to
determine the truth as
between the allegation of the Finding of exoneration/culpability
complainant and the defense of
the respondent
DECIDE
-findings of facts (determination of an
issue of fact after an evaluation of the
evidence submitted)
• PLEB is not a venue for
conciliation or settlement
• A decision (not a compromise
agreement) must be rendered.

Proceeding before the PLEB- SUMMARY IN NATURE

LEGAL BASIS: SECTION 2, RULE 1 OF THE 2002 PLEB REVISED RULES AND
PROCEDURE

-Shall not be governed strictly by the technical rules of procedure but

must be consistent with the principles of administrative due process
(opportunity to be heard)
Although strict adherence to technical rules is not required in administrative
proceedings such as before the PLEB, this lenity should not be considered a
license to disregard fundamental evidentiary rules.

SLIDE 6

PLEB is a check and balance mechanism organized at the city and municipal
level, giving ordinary citizens the power to complain against law enforcers who
abuse their authority.

SLIDE 8
EVIDENCE
As defined by the RULES OF COURT
Evidence- means sanctioned by the rules of ascertaining in a judicial
proceeding the truth respecting a matter of fact
FOUR COMPONENT ELEMENTS:
1. MEANS OF ASCERTAINMENT
-includes not only the procedure or manner of ascertainment but also
the evidentiary fact from which the truth respecting a matter of fact may
be ascertained.

2. Sanctioned by these rules

-not excluded by the rules of court (competent)

3. In a judicial proceeding
-contemplates an action/proceeding filed before a court of law

4. The truth respecting a matter of fact

-refers to an issue of fact and is both substantive (determines the facts
to be established) and procedural (governs the matter of proving such
fact)

PURPOSE: Due to the presumption that the court is not aware of the
veracity of the facts involved in a case. It is therefore incumbent upon
 the parties to prove a fact in issue through a presentation of admissible
evidence.

When is required When is not required

When the court has to resolve a
question of fact
Doctrine of Processual
Presumption
No factual issue exists in a case
Presents only a question of law
Pleading in a civil case do not
tender an issue of fact
Agreement of the parties
Takes judicial notice or on
matters judicially admitted

PROOF EVIDENCE
The probative effect of evidence It is a medium or means by which
and is the conviction or a fact is proved or disproved
persuasion of the mind resulting
from the consideration of the
evidence.

There is only proof because there

is an evidence.

As defined in administrative proceeding such PLEB:

ELEMENTS:

1. MEANS
-procedure and the issue of fact
2. EITHER DISPROVED OR PROVED
The evidence presented must at least have a modicum of admissibility in order
for it to have probative value. Not only must there be some evidence to support a
finding or conclusion, but the evidence must be substantial. Substantial evidence
is more than a mere scintilla; it means such relevant evidence as a reasonable
mind might accept as adequate to support a conclusion.
 SLIDE 9

Every evidential question involves the relationship between the factum

probandum and the factum probans.
a) Factum Probandum refers to the ultimate fact to be proven, or the
proposition to be established. That, which a party wants to prove to the
court. E.g.: guilt or innocence; breach of internal discipline; existence of
oppression; nonfeasance(omission/refusal, without sufficient excuse, to
perform an act or duty which was the peace officer’s legal obligation to
perform); malfeasance; irregularity in the performance of duty; the injury or
damage incurred;
b). Factum Probans refers to the evidentiary facts by which the factum
probandum will be proved. Examples: police record of detention or filing of
charges before the Prosecutor’s office (12-18-36)
SLIDE 10
A-C Evidence as to FORM
D-I Classification
Digital (A.M. No. 01-7-01-SC)
-Electronic documents as functional equivalents of paper based
documents.
-admissible as evidence if it complies with the rules on admissibility
prescribed by the Rules of Court and related laws and if it is authenticated in
the manner prescribed by A.M. 01-7-01-SC
-audio, video – presented and identified, explained and authenticated by
the person who made the recording or some other person competent to testify
the accuracy thereof
-ephemeral communications (text, chat, video stream) – not recorded or
retained. How to prove? By the person who was a party to the same or has
personal knowledge
SLIDE 11
OBJECT EVIDENCE
-addressed to the senses of the board (SSHTT) Sight, Smell, Hearing, Touch,
Taste
-sometimes called REAL EVIDENCE (it is a mute but eloquent manifestation of
truth and it ranks high in the hierarchy of trustworthy evidence – where it
runs counter to the testimonial evidence, the physical evidence prevails.
-to be admitted it must be authenticated (unique objects (readily identifiable
marks), objects made unique (made readily identifiable, non-unique(chain of
custody)
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DOCUMENTARY EVIDENCE
-any documents offered as proof of their contents

DOCUMENTS
1. REAL – WITHOUT REGARD TO THE MESSAGE WHICH IT CONTAINS
2. DOCUMENTARY- OFFERED TO PROVE WHAT IS WRITTEN ON IT
BEST EVIDENCE RULE
-common misconception – superior
-nothing to do with its probative value
ORIGINAL DOCUMENT RULE (applicable only in documentary evidence)
- appears to be a misnomer (contradiction) as it permits the
introduction of secondary evidence
GR: When the subject of the inquiry is the contents of the documents, no
evidence shall be admissible other than the original.
EX:
1. Lost or destroyed
2. In custody or control of the adverse party
3. Consists of numerous documents
 4. Public record and in control of a public officer.
ORIGINAL
1. One of the contents is the subject of the inquiry
2. When the document is in two or more copies executed at or about
the same time with identical contents (duplicate originals)
3. When an entry is repeated in a regular course of business, one being
copied from the another at or near the time of the transactions, all
copies are equally regarded as originals
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TESTIMONIAL EVIDENCE
-viva voce or living voice or by the word of mouth
WITNESS – a person who gives a testimony
QUALIFICATIONS:
GR: ALL persons who can perceive and in perceiving can make known their
perceptions to another.
EXCEPTIONS: Unless otherwise provided by law or the Rules:
1. Disqualified under Sections 21-24 of Rule 130
A. Section 21 - Mental incapacity/immaturity (at the time of the
production of their testimony)
B. Section 22 -By reason of marriage(during marriage, one of the
spouse is the party
C. Section 23 -By death/insanity
Dead Man Statute –to close the lips of the party plaintiff
when death or incompetence has permanently close the lips
of the party defendant in order to remove from the claiming
party the temptation to give false testimony and the
possibility of fictitious claims against the deceased or
incompetent.
D. Section 24 -Marital privilege
-can be claim WON the other spouse is not a party to the
action
 -can be claimed even after the marriage is dissolve
-applies only to confidential communications
EX: 1) in furtherance or perpetuation of a fraud; 2) in
contemplation of a crime
SLIDE 15
Classification of Evidence (referring to the materials presented in
court)

A. Direct and Circumstantial

1. Direct- that which proves a fact in issue or dispute without the aid of any
inference or presumption. It is evidence to the precise point.
Example: The eye witness account; the scar to show the wound
2. Circumstantial- proof of facts or fact from which taken singly or collectively,
the existence of the particular fact in issue maybe inferred or presumed as a
necessary or probable consequence

3. Important considerations on circumstantial evidence

a) This applies only in criminal cases and is governed under Rule 133(4)
which for purposes of supporting a finding of guilt, requires:
i). that there be more than one circumstance
ii).that the facts from which the inference are derived are proven
iii). the combination of all the circumstances is such as to produce a conviction
beyond reasonable doubt

b) Per the Supreme Court: it is essential that the circumstantial evidence

presented must constitute an unbroken chain which leads one to a fair and
reasonable conclusion pointing to the accused, to the exclusion of all others, as
the guilty person.
c). Guidelines in the appreciation of the probative value of circumstantial
evidence

i) It should be acted upon with caution

ii). All essential facts must be consistent with the hypothesis of guilt
iii). The facts must exclude every other theory but that of guilt
iv). The facts must establishes such a certainty of guilt as to convince the
judgment beyond reasonable doubt that the accused is the one who
committed the offense

B. 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.

C. Primary (Best) vs. Secondary Evidence

a). primary- that which the law regards as affording the greatest certainty of
the fact in question. E.g.: the original of a contract is the best evidence as to its
contents; the marriage contract as to the fact of marriage; a receipt as to the
fact of payment; the birth certificate as to filiation.
b). secondary- that which is necessarily inferior and shows on its face that a
better evidence exists. E.g.: Xerox copies of documents; narration of witnesses
as to a written contract.
D. Conclusive vs. Prima facie

a).conclusive – may either be (i) that which the law does not allow to be
contradicted as in judicial admissions or (b) that the effect of which
overwhelms any evidence to the contrary as the DNA profile of a person as the
natural father over a denial
b). prima facie- that which, standing alone and uncontradicted, is sufficient to
maintain the proposition affirmed. In the eyes of the law it is sufficient to
establish a fact until it has been disproved, rebutted or contradicted or
overcome by contrary proof.

E. Cumulative vs. corroborative

a). cumulative- additional evidence of the same kind bearing on the same
point. E.g.: testimonies of several eyewitnesses to the same incident
b). corroborative-additional evidence of a different kind or character but
tending to prove the same point. It is evidence which confirms or supports.
Thus: (i) the medico legal certificate describing the injuries to have been caused
by a sharp pointed instrument corroborates the statement that the accused used
a knife to stab the victim (ii) the positive results of a paraffin test corroborates
the allegation that the person fired a gun and (iii) the ballistics examination on
the gun of the suspect corroborates the statement that he fired his gun at the
victim

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HIERARCHY OF EVIDENTIARY VALUES
Criminal Case - Proof beyond reasonable doubt
-required for conviction of an accused in a criminal case
 - that which is the logical and inevitable result of the
evidence on record , exclusive of any other consideration, of the moral
certainty of the guilt of the accused
- produces conviction in unprejudiced mind.

CIVIL CASES -Preponderance of evidence

- Which is greater in weight or more convincing than that
which is offered in opposition to it.

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ADMINISTRATIVE CASES - Substantial Evidence
-relevant evidence as a reasonable mind would
accept as adequate to produce a conclusion.
-required to reach a conclusion in administrative
proceedings or to establish a fact before administrative/quasi-judicial bodies.