Evidence

I. PRELIMINARY CONSIDERATION:
A. Importance of the study of Evidence in Law Enforcement:

As an element of our Criminal Justice System, it is the duty of every law enforcement agencies t
Every person is entitled to be presumed innocent of a crime or wrong, unless proven otherwise.
B. Connecting the chain of events through Evidence during Trial:

Trial refers to the examination before a competent tribunal, according to the laws of the land, o

Evidence helps in the determination of Questions of Facts by helping the judge reconstruct the c
C. Factum Probandum and Factum Probans
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
Factum Probans The evidentiary Facts. These addresses questions of fact.
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.

D. Proof and Evidence

Evidence the means to arrive at a conclusion. Under the Revised Rules of Court, evidence is de
Proof the result of introducing evidence. The establishment of a requisite degree of belief in the
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.

Variations on degrees of proof based on type of action:

1.
2.
3.

Criminal Action proof beyond reasonable doubt [that degree of proof which produces conv
Civil Action preponderance of evidence [evidence of greater weight or more convincing th
Administrative Action sufficiency of evidence [that amount of relevant evidence which a re

E. Exclusionary Rule. (Fruit of the poisonous tree doctrine)

Evidence ILLEGALLY OBTAINED are inadmissible for reasons of public policy. This is so because o

As a result, jurisprudence has evolved a rule that renders inadmissible any evidence obtained in
F. 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 tam
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 d
The persons who have handled the evidence are known and may be examined in court with rega
II. GENERAL PROVISIONS:
A. Concepts of evidence:
1.
2.
3.
4.

It
It
It
It

is a means of ascertainment used to arrive at a legal conclusion

is sanctioned by the rules of court meaning, not excluded by the rules on relevancy and
is used in a judicial proceeding there is a jural conflict involving different rights asserted
pertains to the truth respecting a matter of fact evidence represents a claim either for

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].

Note: To determine the relevancy of any item of proof, the purpose for which it is sought to be in
Test of relevancy of evidence:

Whether or not the factual information tendered for evaluation of the trial court would be helpfu
When is evidence relevant?
When it has a relation to the fact in issue as to induce belief in its:
1) existence, or
2) non-existence

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 pr

Collateral matters matters other than the fact in issue and which are offered as a basis for infe
Collateral matters are classified into:
1.
2.
3.

Antecedent circumstances facts existing before the commission of the crime [i.e. hatred, b
Concomitant circumstances facts existing during the commission of the crime [i.e. opportu
Subsequent circumstances facts existing after the commission of the crime [i.e. flight, extr

Query: Is modus operandi an antecedent, concomitant or subsequent circumstance?

B. Judicial Notice, basis of:
Judicial notice is based on necessity and expediency. This is so because what is known need not
Different kinds of judicial notices:
1.
2.
3.

mandatory
discretionary
hearing required

C. Confession and Admission, distinguished:

Confession an acknowledgement of guilt.
Admission an acknowledgment of facts.
Different kinds of confession/admission:
1. Judicial
2. Extrajudicial
3. Oral
4. Written
5. Voluntary
6. Forced
Different kinds of evidence:
1. Relevant evidence evidence having any value in reason as tending
to prove any matter provable in an action.
2. Material evidence evidence is material when it is directed to prove a
fact in issue as determined by the rules of substantive law and

3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.

pleadings.
Competent evidence not excluded by law.
Direct evidence proves the fact in issue without aid of inference
or presumptions.
Circumstantial evidence - the proof of fact or facts from which, taken
may be inferred as necessary or probable consequence.
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.
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.
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.
16. Character evidence evidence of a persons moral standing or

either singly or

personality traits in a community based on reputation or opinion.

17. Demeanor evidence the behavior of a witness on the witness stand
during trial to be considered by the judge on the issue of credibility.
18. Demonstrative evidence evidence that has tangible and
exemplifying purpose.
19. Hearsay evidence oral testimony or documentary evidence which
does not derive its value solely from the credit to be attached to the
witness himself.
20.Testimonial evidence oral averments given in open court by
the witness.
21. Object/Auotoptic proferrence/Real evidence those addressed to
the senses of the court (sight, hearing, smell, touch, taste).
22. Documentary evidence those consisting of writing or any material
of written expression offered as proof of its contents.
containing letters, words, numbers, figures, symbols or other modes

Best Evidence Rule:

When the subject of the inquiry is the contents of a document, no evidence shall be admissible o
For exceptions, see Sec. 3, Rule 130, Revised Rules of Court.

A document is legally considered Original when:

1. It is the subject of an inquiry
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
Question: May a fake document be considered as original or authentic?

Yes. A forged or spurious document when presented in court for examination is considered as th
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 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:

1.
2.

adverse party adverse party must have reasonable notice to produce it. After such notice
public officer contents may be proved by certified copy issued by the public officer in cust

III. 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 communic

Res Inter Alios Acta Rule

General Rule: The rights of a party cannot be prejudiced by an act, declaration, or omission of an
Exception:
1. admission
2. admission
3. admission
4. admission

by
by
by
by

a co-partner or agent
a conspirator
privies
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
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
IV. BURDEN OF PROOF AND PRESUMPTIONS:

Burden of proof the duty of a party to present evidence on the facts in issue necessary to estab

Presumption an inference as to the existence of a fact not actually known, arising from its usua
2 kinds of presumptions:
1. Conclusive presumptions [jure et de jure] based on rules of substantive law which cannot

2.

Disputable presumptions [prima facie presumptions, rebuttable presumptions] based on p

Kinds of Conclusive Presumptions:

1. Estoppel by record or judgment the preclusion to deny the truth of matters set forth in a re
2. Estoppel by deed a bar which precludes a party to a deed and his privies from asserting as
3. Estoppel in pais based upon express representation or statements or upon positive acts or
4. Estoppel against Tenant the tenant is not permitted to deny the title of his landlord at the
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 un
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
facts of his previous final conviction for an offense.

fact in issue would be pre

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 fa
Cross examination the examination by the adverse party of the witness as to any matter state

Re-direct examination second questioning by the proponent to explain or supplement answers

Re-cross examination second questioning by the adverse party on matters stated on the re-dir

Different Types of Questions:

Leading questions It is one where the answer is already supplied by the examiner into the mout
Misleading question a question which cannot be answered without making an unintended adm
Compound question a question which calls for a single answer to more than one question. [Ex.
Argumentative question a type of leading question which reflects the examiners interpretation
Speculative question a question which assumes a disputed fact not stated by the witness as tr
Conclusionary question a question which asks for an opinion which the witness is not qualified
Cumulative question a question which has already been asked and answered.
Harassing/Embarrassing question [Ex. Are you a homosexual?]

Classes of Documents:
Documents are either public or private.
Public documents are:

1. The written official acts, or records of the official acts of sovereign authority, official bodies
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 en
All other writings are private.

SOME USEFUL LATIN TERMS AND LEGAL MAXIMS:

Verba legis non est decendendum from the words of the law there can be no departure.
Dura lex sed lex the law may be harsh but it is the law.
Ignorantia legis neminem excusat ignorance of the law excuses no one.
Ignorantia facti excusat mistake of fact excuses.
Praeter intentionem different from that which was intended.
Error in personae mistake in identity.
Abberatio Ictus mistake in the blow

Nulum crimen, nulla poena sine lege there is no crime when there is no law punishing the sam

Actus non facit reum, nisi mens sit rea the act cannot be criminal where the mind is not crimin
Actus mi invictu reus, nisi mens facit reum an act done by me against my will is not my act.
Mens rea guilty mind.
Actus reus guilty act.
Res ipsa loquitor the thing speaks for itself.
Causa Proxima proximate cause which produced the immediate
effect.
Prima facie at first glance.

Locus Criminis scene of the crime or crime scene.

Pro Reo principle in Criminal Law which states that where the statute admits of several interpre
Res Gestae the thing itself.

Falsus in unum, falsus in omnibus false in one part of the statement would render the entire st