Evidence forward with evidence.

Burden of proof the duty of the affirmative to prove

I. PRELIMINARY CONSIDERATION:
that which it alleges.
A. Importance of the study of Evidence in Law
Variations on degrees of proof based on type of action:
Enforcement:
1. Criminal Action proof beyond reasonable doubt
As an element of our Criminal Justice System, it is the
[that degree of proof which produces conviction in an
duty of every law enforcement agencies to provide the
unprejudiced mind]
prosecution with the materials and information
2. Civil Action preponderance of evidence
(Evidence) necessary in order to support conviction.
[evidence of greater weight or more convincing than
that which is offered to refute it]
Every person is entitled to be presumed innocent of a
3. Administrative Action sufficiency of evidence
crime or wrong, unless proven otherwise. This is a
[that amount of relevant evidence which a reasonable
prima facie presumption which must be overcome by
mind might accept as adequate to justify a conclusion]
proof beyond reasonable doubt.
E. Exclusionary Rule. (Fruit of the poisonous tree
B. Connecting the chain of events through Evidence
doctrine)
during Trial:
Evidence ILLEGALLY OBTAINED are inadmissible for
Trial refers to the examination before a competent
reasons of public policy. This is so because of the
tribunal, according to the laws of the land, of the facts
constitutional requirement of due process. Due process
in issue in a cause, for the purposes of determining
has been defined as the law that hears before it
such issue (U.S. v. Raymundo, 14 Phil 416).
condemns, which proceeds upon inquiry, and renders
judgment only after fair trial.
Evidence helps in the determination of Questions of
Facts by helping the judge reconstruct the chain of
As a result, jurisprudence has evolved a rule that
events from the conception up to the consummation of
renders inadmissible any evidence obtained in an illegal
a criminal design.
search from being introduced in trial.
C. Factum Probandum and Factum Probans
F. Principle of Chain of Custody of Evidence
Factum Probandum The ultimate facts to be
If the evidence is of a type which cannot be easily
proven. These are the propositions of law.
recognized or can readily be confused or tampered
with, the proponent of the object must present
Examples:
evidence of its chain of custody. The proponent need
murder was committed thru treachery
not negate all possibilities of substitution or tampering
robbery was made through force upon things
in the chain of custody, but must show that:
The evidence is identified as the same object which was
Factum Probans The evidentiary Facts. These
taken from the scene;
addresses questions of fact.
It was not tampered with, or that any alteration can be
sufficiently explained (i.e. discoloration due to the
Examples:
application of ninhydrine solution, etc.); and
exit wounds were in front indicating that victim was
The persons who have handled the evidence are known
shot at the back
and may be examined in court with regard to the
destroyed locks indicative of force upon things
object.
Thus, the outcome of every trial is determined by:
II. GENERAL PROVISIONS:
Propositions of law, and
A. Concepts of evidence:
Questions of fact.
1. It is a means of ascertainment used to arrive at
D. Proof and Evidence
a legal conclusion
2. It is sanctioned by the rules of court meaning,
Evidence the means to arrive at a conclusion. Under
not excluded by the rules on relevancy and
the Revised Rules of Court, evidence is defined as the
admissibility
means, sanctioned by the rules, for ascertainment in a
3. It is used in a judicial proceeding there is a jural
judicial proceeding, the truth, respecting a matter of
conflict involving different rights asserted by different
fact.
parties
4. It pertains to the truth respecting a matter of fact
Proof the result of introducing evidence. The
evidence represents a claim either for the
establishment of a requisite degree of belief in the mind
prosecution or for the defense where issues (clashes of
of the judge as to the facts in issue. It refers to the
view) are present.
accumulation of evidence sufficient to persuade the trial
court.
Admissibility of Evidence:
Quantum of evidence the totality of evidence
For evidence to be admissible, it must be:
presented for consideration
1) relevant to the issue [relevancy test], and
2) not excluded by the law or rules of court
Quantum of proof refers to the degree of proof
[competency test].
required in order to arrive at a conclusion.
Note: To determine the relevancy of any item of proof,
Burden of evidence the duty of a party of going
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:
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?
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 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.
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.]
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 be proved.
Different kinds of judicial notices:
1. mandatory
2. discretionary
3. 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 pleadings.
3. Competent evidence not excluded by law.
4. Direct evidence proves the fact in issue without
aid of inference 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 may be inferred
as necessary or probable consequence.
6. Positive evidence evidence which affirms a fact
in issue.
7. Negative evidence - evidence which denies the
existence of a fact in issue.
8. Rebutting evidence given to repel, counter act
or disprove facts given in evidence by the other party.
9. Primary/Best evidence that which the law
regards as affording the greatest certainty.
10. Secondary evidence that which indicates the
existence of a more original source of information.
11. Expert evidence the testimony of one
possessing knowledge not usually acquired by other
persons.
12. Prima facie evidence evidence which can stand
alone to support a conviction unless rebutted.
13. Conclusive evidence incontrovertible evidence
14. Cumulative evidence additional evidence of the
same kind bearing on the same point.
15. 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 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/Autoptic preference/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 other than
the original of the document.
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 or near the
time of the transaction.
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 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
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. 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.
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 communications, or
dead mans statute.
Res Inter Alios Acta Rule
General Rule: The rights of a party cannot be
prejudiced by an act, declaration, or omission of
another.
Exception:
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 anothers
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
IV. 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.
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.
2. Disputable presumptions [prima facie
presumptions, rebuttable presumptions] based on
procedural rules and may be overcome by evidence to
the contrary.
Kinds of Conclusive Presumptions:
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.
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, didnt 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, didnt 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.
Harassing/Embarrassing question [Ex. Are you a
Evidence - Definition of Terms
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 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.
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 same.
Actus non facit reum, nisi mens sit rea the act
cannot be criminal where the mind is not criminal.
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 interpretations, the
one most favorable to the accused shall be adopted.
Res Gestae the thing itself.
Falsus in unum, falsus in omnibus false in one
part of the statement would render the entire
statement false (note: this maxim is not recognized in
our jurisdiction).
Admissible evidence - Evidence that is both relevant
and competent.
Admissions - Any statement of fact made by a party
against his interest or unfavorable to the
conclusion for which he contends or is inconsistent with
the facts alleged by him.
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.
Burden of Proof - Duty of a party to present evidence
on the facts in issue necessary to establish his
claim/defense by the amount required by law.
Child Witness - Any person who at the time of giving
testimony is less than 18 years old.
Circumstantial Evidence - Proof of fact/s from which,
taken singly/collectively, the existence of the particular
fact in dispute may be inferred as a necessary/probable
consequence. It is evidence of relevant collateral facts.
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.
Competence - Evidence is not excluded by law or
Rules of Court.
Conclusive Evidence - That class of evidence which
the law does not allow to be contradicted.
Confession - A categorical acknowledgment of guilt
made by an accused in a criminal case without any
exculpatory statement or explanation.
Corroborative Evidence - Additional evidence of a
different character to the same point.
Cumulative Evidence - Evidence of the same kind and
to the same state of facts.
Direct Evidence - Proves the fact in dispute without
aid of any inference or presumption.
Documentary Evidence - Writings or any material
containing letters, words, numbers, figures, symbols or
other modes of written expression offered as proof of
their content.
Electronic Data Message - Information generated,
sent, received or stored by electronic, optical or similar
means
Electronic Document - Information or
the representation of
information/data/figures/symbols or other modes of
written expression described or however represented,
by which a right is established or an obligation
extinguished, or by which a fact may be proved and
affirmed, which is
received/recorded/transmitted/stored/processed/retriev
ed/produced electronically. It includes digitally signed
documents and any print out or output, readable by
sight or other means, which accurately reflects the
electronic data message or electronic document.
Electronic Signature - Any distinctive mark,
characteristic and/or sound in electronic form,
representing the identity of a person and attached to or
logically associated with the electronic data
message or electronic document or any
methodology/procedure employed/adopted by a person
and executed/adopted by such person with the
intention of authenticating, signing or approving an
electronic data message or electronic document.
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/retained.
Extra Judicial Admission - Any admission other than
judicial.
Factum probandum ultimate fact or the fact sought
to be established.
Factum probans evidentiary fact or the fact by
which the factum probandum is to be established.
Judicial Admissions - Admissions, verbal or written,
made by the party in the course of the proceedings in
the same case. It requires no proof.
Negative Evidence - When witness states that he did
not see or know of the occurrence of a fact (total
disclaimer of personal knowledge).
Object Evidence - Directly addressed to the senses of
the court. Also called real evidence.
Parol Evidence Rule - Any evidence aliunde, whether
oral or written, which is intended or tends to vary or
contradict a complete and enforceable agreement
embodied in a document.
Pedigree - Relationship, family genealogy, birth,
marriage, death, the dates when and the places where
these fast occurred, and the names of the relatives. It
also embraces facts of family history intimately
connected with pedigree.
Positive Evidence - When a witness affirms that a fact
did or did not occur (there is personal knowledge).
Preponderance of Evidence - The evidence adduced
by one side is, as a whole, superior to or has greater
weight than that of the other. Where the evidence
presented by one side is insufficient
to ascertain the claim, there is no preponderance of
evidence.
Prima Facie Evidence - That which, standing alone, is
sufficient to maintain the proposition affirmed.
Primary Evidence - (Best Evidence) - That which the
law regards as affording greatest certainty of the fact in
question.
Proof Beyond Reasonable Doubt - That degree of
proof which produces conviction in an unprejudiced
mind. It does not mean such a degree of proof as,
excluding the possibility of error, produces absolute
certainty. Only moral certainty is required
Relevance - Evidence has such a relation to the fact in
issue as to induce belief of its existence or non-
existence.
Res Gestae - It literally means Things done.
1) Statements made by a person while a starting
occurrence is taking place or immediately prior or
subsequent thereto, with respect to the circumstances
thereof.
2) Statements accompanying an equivocal act material
to the issue, and giving it a legal significance.
Res Inter Alios Acta - The rights of a party cannot be
prejudiced by an act/declaration/omission of another.
Secondary Evidence - (Substitutionary) - That which
is inferior to the primary evidence and is permitted by
law only when the best evidence is not available.
Substantial Evidence - The amount of relevant
evidence which a reasonable mind might accept as
adequate to support a conclusion.
Testimonial Evidence - Submitted to the court
through the testimony or deposition of a witness.