Dreams must come true ^_^

M I D T E R M S I N C R I M I N A L E V I D E N C E
RAK NA ITU

BURDEN OF PROOF also known as Reason of Non-Persuasion
2 Separate Burdens
1. Burden of Going Forward it is the duty to produce evidence
2. Burden of Persuasion it is the duty to persuade the court

PROOF it is the establishment to a requisite degree of belief in the mind of the Trier of fact as of the fact in issue. It has the effect
of persuading to prove the purpose it was produce.

Burden of Proof rests upon a party who alleges a fact has the burden of proving it in civil cases. It is a basic rule that he who
alleges must prove what is alleged. The party, whether plaintiff or defendant, who asserts the affirmative of the issue has the burden
of proof to obtain a favorable judgment.

The burden of proof is fixed or do not shifts by the pleadings. The burden of proof of both parties do not shift during the
course of the trial while the burden of evidence is the duty of a party to go forward with the evidence to overthrow the prima facie
evidence against him. The burden of going forward with the evidence may shift from one side to the other as the exigencies of the
trial require and shifts with alternating frequency.

Is burden of evidence rule applicable in civil and criminal cases?
Yes, because as the trial progresses, one party may have presented evidence that weigh heavily in his favor and sufficient to
convince the court of the justness of his claim.
If this occurs, the other party has the burden to come forward to counteract whatever positive impression which the
evidence of the other party may have been created in the mind of the court.

In criminal cases, where does the burden of proof rest?
The burden of proof lies with the party who alleges the existence of a fact or thing necessary in the prosecution or defense
of an action. However, in criminal cases, the burden of proof rests upon the prosecution, in all cases and never shifts. It is a
constitutional presumption of innocence that lays burden upon the prosecution.

PREPONDERANCE OF EVIDENCE - it is the degree of evidence required in civil cases. It means greater or superior weight of evidence.
PROOF BEYOND REASONABLE DOUBT - it is the degree of evidence required in criminal cases.
PROBABLE CAUSE - it is the degree of evidence required during preliminary investigation to engender a well-founded belief that a
crime has been committed the person is probably guilty thereof.
SUBSTANTIVE EVIDENCE - it is the degree of evidence applies to administrative cases those filed before administrative and quasi-
judicial bodies.

DOCUMENTARY EVIDENCE documents as evidence consists of writings or any material containing letters, words, numbers, figures,
symbols or other modes of written expression offered as proof of their contents.

Concept of Best Evidence Rule
When the subject of inquiry is the contents of a document, no evidence shall be admissible other than the original
document itself.

General Rule original document must be produced.

Does the Best Evidence Rule apply also in Object Evidence?
It is not applied in object evidence because it applies only if the subject of inquiry is the content of a document. There is no
reason to apply the best evidence rule when the issue does not involve the contents of writing. Sec. 3 of Rule 130 is clear on this
Dreams must come true ^_^
point: the rule will come into play when the subject of inquiry is the contents of a document. The rule cannot be invoked unl ess the
contents of writing are the subject of judicial inquiry. Where the issue of the object evidence is the execution or existence of the
document or the circumstances surroundings its execution the best evidence rule does not apply.

Difference between Documents used as Object Evidence and Documentary Evidence
Being writings or materials containing modes of written expressions do not ipso facto make such writings or materials
documentary evidence. For such writings or materials to be deemed documentary evidence, the same must be offered as proof of
their contents. If offered for some other purpose, the writings or materials would not be deemed documentary evidence but merely
object evidence.

Exceptions in Original Documents
1. When the original has been lost, destroyed or cannot be produced in court, without bad faith on the part of the offeror;
2. When the original is in the custody or under the control of the party against whom the evidence is offered, and the latter
fails to produce it after reasonable notice;
3. When the original consists of numerous accounts or other documents which cannot be examined in court without great loss
of time and the fact sought to be established from them is the only general result of the whole; and
4. When the original is a public record in the custody of a public officer or is recorded in a public office.

Secondary Evidence Substituting the Best Evidence Rule
1. May prove its content by a copy or by a recital of its contents in some authentic document.
2. Must have a request from the adverse party for the production of original document.
3. Must have a summary of accounts or produce the general result of voluminous document records.
4. Its content may be proved by a certified true copy issued by the actual custodian of the document.

Purposes of Best Evidence Rule
1. Prevention of fraud or mistake in the proof of the contents of writing.
2. To exclude any uncertainties in the contents of the document.

Best Evidence Rule does not apply in the following cases:
1. No bona fide dispute on the contents of document.
2. Where the issue is to the execution, existence, delivery of the document without reference to its terms.
3. Where the purpose is to make testimony coherent and intelligible.
4. To admission as to content of writing and where subject of preliminary or cross examination to lay the basis of
confrontation.

Original Document
1. The original of a document is one the contents of which are the subject of inquiry.
2. When a document is in two or more copies executed at or about the same time, with identical content, all such copies are
equally regarded as originals.
3. When an entry is repeated in the regular course of business, one being copied from another at or near the time of the
transaction, all the entries are likewise equally regarded as originals.

Rule on Duplicate Original
Sec 4 (b) Rule 130 states that when a document is in two or more copies executed at or about the same time, with identical
content, all such copies are equally regarded as originals.
1. When the question raised in the manner of the original document is the authenticity of the duplicate document.
2. When under the circumstances it would be unjust or inequitable to admit a copy in lieu instead of the original document.