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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 andinformation (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:
• exit wounds were in front indicating that victim was shot at the back
• Questions of fact.
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 proof – refers to the degree of proof required in order to arrive at a conclusion.
Burden of proof – the duty of the affirmative to prove 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]
Evidence ILLEGALLY 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 onlyafter 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.
II. GENERAL PROVISIONS:
A. Concepts of evidence:
2. It is sanctioned by the rules of court – meaning, not excluded by the rules on relevancy and
admissibility
3. It is used in a judicial proceeding – there is a jural conflict involving different rights asserted by
different parties
4. 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.
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.
When is evidence relevant?
1) existence, or
2) non-existence
1) material, and
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
1. Judicial
2. Extrajudicial
3. Oral
4. Written
5. Voluntary
6. Forced
pleadings.
or presumptions.
5. Circumstantial evidence - the proof of fact or facts from which, taken either singly or
collectively, the existence of a particular fact in dispute
in issue.
12. Prima facie evidence – evidence which can stand alone to support
a conviction unless rebutted.
offered evidence.
exemplifying purpose.
does not derive its value solely from the credit to be attached to the
witness himself.
the witness.
2. When in two or more copies executed at or about the same time, with identical contents.
3. When an entry is repeated in ordinary course of business, one being copied from another at or near
the time of the transaction.
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
1. lost,
2. destroyed, or
1. a copy,
3. by testimony of witnesses.
1. 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.
2. public officer – contents may be proved by certified copy issued by the public officer in custody
thereof.
Qualifications of witnesses:
1. can perceive
General Rule: The rights of a party cannot be prejudiced by an act, declaration, or omission of another.
Exception:
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:
5. Common reputation
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.
1. 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).
2. 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).
3. 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.
4. 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.
Note: For Kinds of disputable presumptions, see Sec. 3, Rule 131 of the Revised Rules of Court.
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.
issue.
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
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?]
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?]
Conclusionary question – a question which asks for an opinion which the witness is not qualified or
permitted to answer. [Ex. Asking a high school drop-out whether the gun used is a Cal. 45 pistol or 9mm
pistol]
Cumulative question – a question which has already been asked and answered.
Classes of Documents:
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.
All other writings are private.