Professional Documents
Culture Documents
Criminal
Evidence
What is Evidence?
Section 1 Rule 128
Evidence is the means, sanctioned by the rules
of court, of ascertaining in a judicial proceeding
the truth respecting a matter of fact.
The means sanctioned by the rules = there is a
manner of presentation of evidence and rules
being followed
Judicial Proceeding = Trial = Judicial
investigation and determination of issues
between the parties to an action
Factum Probans
It is the evidentiary fact or the fact by which
the factum probandum is to be established.
It refers to the materials which establish the
proposition
MUSE
Admissibility of Evidence
Evidence is admissible when it is
relevant to the issue and is not
excluded by the law of these rules
(sec. 3 Rule 128)
Tests of admissibility
Relevancy Test relevant to the issue
Competency Test not excluded by law
or the rules of court
Relevant Evidence
The evidence has such a relation to the fact in issue
as to induce belief in its existence or non-existence.
The tendency of the evidence to establish the
proposition that it is offered to prove.
Material Evidence
Evidence directed to prove a fact in issue as
determined by the rules of substantive law and
pleading.
Competent Evidence
Evidence that is not excluded by the constitution,
law or the rules.
Exclusionary Rules
Sections 2 & 3 of Article III of the
Constitution
Right against unreasonable searches
and seizure
Right on privacy of communication and
correspondence
Any evidence obtained in violation of
these rights shall be inadmissible for
any purpose in any proceeding.
Evidence is considered Fruit of the
Poisonous Tree
Kinds of Evidence
According to Form (Rule 130)
Object or Real evidence
Documentary Evidence
Testimonial Evidence
Direct Evidence
Evidence that directly proves a fact without a
need to make an inference from another fact.
Circumstantial Evidence
Evidence that indirectly proves a fact in issue
through inference which the fact finder draws
the evidence established
Cumulative Evidence
Additional evidence of the same kind on the
same point.
Corroborative Evidence
Additional evidence of a different kind and
character to prove the same point.
Positive Evidence
Evidence which affirms that a fact did or did
not occur.
Negative Evidence
Evidence which denies the existence of a
fact in issue
Conclusive evidence
Evidence which the law does not allow to be
contradicted
Primary/Best Evidence
Is that which the law regards as affording the
greatest certainty of the fact in question
Secondary/Substitutionary Evidence
Is that which is inferior to the primary
evidence and is permitted by law only when
the best evidence is not available
Documentary Evidence
Documents as evidence consist of writing or any material
containing letters, words, numbers, figures, symbols or
other modes of written expression offered as proof of their
contents (section 2 Rule 130)
Documents are considered object evidence if the purpose
is to:
1. Prove their existence or condition or the nature of the
handwritings thereon.
2. Determine the age of the paper used or the blemishes or
alterations thereon.
Otherwise, considered documentary evidence
Admissibility of Documentary
Evidence
Test of relevancy
Test of competency
Authentication of documents
Process of evidencing the due execution and
genuineness of a document (Rule 132)
Authentication of Documents
Classes of Documents: (section 19 Rule 132)
Public Document
(a) The written official acts, or records of the
official acts of the sovereign authority, official
bodies and tribunals, and public officers, whether
of the Philippines, or of a foreign country;
(b) Documents acknowledge before a notary
public except last wills and testaments; and
(c) Public records, kept in the Philippines, of
private documents required by law to the entered
therein.
Private Document
All other writings are private
Documents executed without the
intervention of a notary public or duly
satisfactory evidence of
1. Due execution of the original
Proved through the testimony of either:
a. Person/s who executed it;
b. Person before whom its execution was acknowledged; or
c. Any person who was present and saw it executed and
delivered or who thereafter saw it and recognized the
signatures, or one to whom the parties thereto had previously
confessed the execution thereof (section 20 Rule 132)
2. Loss, destruction or unavailability of all such originals, not
due to bad faith
Intentional destruction of the originals by a party who, however,
had acted in good faith does not preclude his introduction of
secondary evidence of the contents thereof. It may be proved by any
person who:
a. Knew of fact of loss or destruction
b. Had made a sufficient examination of the places where the
document or papers of similar character are usually kept by
the person in whose custody the document was and has been
unable to find it
c. Has made any other investigation which is sufficient to
satisfy the court that the document is indeed lost
Exception:
A party may present evidence to modify, explain or add to the
terms of written agreement if he puts in issue in his pleading:
Testimonial Evidence
What is testimonial Evidence?
It refers to oral evidence or that which a witness
testifies in Court.
What are the qualifications of a Witness?
A witness should have the (1) capacity to
perceive/observe, (2) capacity to remember, and
(3) capacity to convey/communicate ones
perception
= Competency of a witness legal fitness or ability
of a witness to be heard on the trial of a case
Credibility witnesses disposition and intention to
tell the truth in the testimony that he has given
Absolute Disqualification
Those who cannot perceive
Those who can perceive but cannot make
their perception known
Mental incapacitated
Those whose mental condition, at the time of
their production for examination, is such that
they are incapable of intelligently make known
their perception to others
Mental immaturity
Children whose mental maturity is such as to
render them incapable of perceiving the facts
respecting which they are examined and of
relating them truthfully
Relative Disqualification
Dead Mans Statute/ Survivorship Disqualification Rule
/ Disqualification by reason of Death or Insanity of
adverse party
Applies only to civil case or special proceeding over the
estate of deceased / insane person
Disqualified only to testify on matter
of
facts occurring
before the death of deceased person or before person
became of unsound mind
Person testifying is the plaintiff or assignor, or a person in
whose behalf the case is prosecuted, and who is making a
claim on the estate
Co-partner or Agent
It must be made during the existence of
relationship
It must be within the scope of authority
Existence of the relationship is proven other than
the declaration or act of the partner or agent
Co-conspirator
Declaration or act be made or done during the
existence of the conspiracy
The declaration or act must relate to the
conspiracy
Conspiracy must be shown by evidence other
than the declaration or act.
Admission by Privies
Privies are those who have mutual or successive
relationship to the same right over a property or
subject matter.
Where one derives title to property from another, the
act, declaration, or omission of the latter, while
holding the title in relation to the property, is
evidence against the former.
Admission by silence
An act or declaration made in the presence and
within the hearing or observation of a party who does
or says nothing when the act or declaration is such as
naturally to call for action or comment if not true, and
when proper and possible for him to do so, may be
given in evidence against him.
Hearsay Rule
Rule: A witness can testify only to those facts which
he knows of his personal knowledge
Personal knowledge = one derived from his own
perception.
Concepts of Hearsay
1. Second hand information, of which the statement is
being offered in evidence to prove the truth of the
matter asserted.
2. Testimony of a witness derived from his personal
knowledge, BUT the adverse party was not given
opportunity to cross examine.
Res Gestae
Spontaneous Statement
Statements made by a person while a
startling occurrence is taking place or
immediately prior or subsequent thereto
with respect to the circumstances thereof.
Opinion Rule
General rule. The opinion of witness is not admissible
Exception
1. Opinion of expert witness on a matter requiring special
knowledge, skill, experience or training which he shown
to posses, may be received in evidence.
Expert witness one who belongs to the profession or
calling to which the subject matter of the inquiry
relates and who possesses special knowledge on
questions on which he proposes to express an opinion
2. Opinion of ordinary witnesses regarding
(a) the identity of a person about whom he has adequate
knowledge;
(b) A handwriting with which he has sufficient familiarity;
and
(c) The mental sanity of a person with whom he is
sufficiently acquainted.
(d) The witness may also testify on his impressions of the
emotion, behavior, condition or appearance of a person.
Provided proper basis is given
Character Evidence
General Rule: Character evidence not generally admissible
Exceptions:
(a) In Criminal Cases:
(1) The accused may prove his good moral character which is
pertinent to the moral trait involved in the offense charged.
(2) Unless in rebuttal, the prosecution may not prove his bad moral
character which is pertinent to the moral trait involved in the offense
charged.
(3) The good or bad moral character of the offended party may be
proved if it tends to establish in any reasonable degree the probability
or improbability of the offense charged.
Burden of Proof
Duty of the party to present evidence on the facts in
issue to establish his claim or defense by the amount
required by law.
It never shifts
Burden of Evidence
Duty resting upon a party, by means of evidence, to
create or meet a prima facie case created against him
It means the necessity of going forward with the
evidence to meet the prima facie case created against
him
It shifts from side to side as the trial of the case
progresses
Stages in presentation of evidence (evidence in chief
of the plaintiff, evidence in chief of the defense,
rebuttal, sur-rebuttal)
Conclusive presumptions
1. Whenever a party has, by his own declaration, act, or
omission, intentionally and deliberately led to another
to believe a particular thing true, and to act upon such
belief, he cannot, in any litigation arising out of such
declaration, act or omission, be permitted to falsify it:
2. The tenant is not permitted to deny the title of his
landlord at the time of commencement of the relation
of landlord and tenant between them
(dd) That if the marriage is terminated and the mother contracted another
marriage within three hundred days after such termination of the former
marriage, these rules shall govern in the absence of proof to the contrary:
(1) A child born before one hundred eighty days after the solemnization of the
subsequent marriage is considered to have been conceived during such
marriage, even though it be born within the three hundred days after the
termination of the former marriage.
(2) A child born after one hundred eighty days following the celebration of the
subsequent marriage is considered to have been conceived during such
marriage, even though it be born within the three hundred days after the
termination of the former marriage.
(ee) That a thing once proved to exist continues as long as is usual with things of
the nature;
(ff) That the law has been obeyed;
(gg) That a printed or published book, purporting to be printed or published by
public authority, was so printed or published;
(hh) That a printed or published book, purporting contain reports of cases
adjudged in tribunals of the country where the book is published, contains
correct reports of such cases;
(ii) That a trustee or other person whose duty it was to convey real property to a
particular person has actually conveyed it to him when such presumption is
necessary to perfect the title of such person or his successor in interest;
(jj) That except for purposes of succession, when two persons perish in the
same calamity, such as wreck, battle, or conflagration, and it is not shown
who died first, and there are no particular circumstances from which it can
be inferred, the survivorship is determined from the probabilities resulting
from the strength and the age of the sexes, according to the following
rules:
1. If both were under the age of fifteen years, the older is deemed to have
survived;
2. If both were above the age sixty, the younger is deemed to have
survived;
3. If one is under fifteen and the other above sixty, the former is deemed
to have survived;
4. If both be over fifteen and under sixty, and the sex be different, the
male is deemed to have survived, if the sex be the same, the older;
5. If one be under fifteen or over sixty, and the other between those ages,
the latter is deemed to have survived.
(kk) That if there is a doubt, as between two or more persons who are called
to succeed each other, as to which of them died first, whoever alleges the
death of one prior to the other, shall prove the same; in the absence of
proof, they shall be considered to have died at the same time. (5a)
WHAT NEED NOT BE PROVED
Judicial notice cognizance of certain facts which judges may properly
take and act on without proof because they already know them.
Courts are required to take judicial notice of laws
Ordinances:
MTC required to take judicial notice of ordinances of the
municipality or city wherein they sit
RTC must take judicial notice only:
1. When required to do so by statute
2. In a case of appeal before them wherein the inferior court took
judicial notice of an ordinance involved in said case
Foreign laws question of fact
- May not be taken judicial notice and have to be proved
- Except: said laws are within the actual knowledge of the court
Processual presumption - no proof nor admission, foreign law presumed
to be the same as that in the Philippines
Examination of Witnesses
Made in open court
Made under oath
Order of Examination of witness
a. Direct examination by the proponent;
b. Cross-examination by the opponent;
c. Re-direct examination by the proponent;
d. Re-cross-examination by the opponent.