EVIDENCE

LECTURE NOTES; ATTY MOYA

APRIL 15, 2018

Can there be trial without pre trial?

-Civil Case= Rule 18, yes, Mandatory
-Criminal Case= Rule 118. Optional. Reasons Judicial Admissions

Is Plea Bargaining allowed in Criminal Cases?

– Yes. Effective Nov 7, 2017 when the case of Estipona vs Judge Lubrigo decided on August 15,
2017 became final and executory. Prior to November 7, 2017 no Plea bargaining in Criminal
cases. OCA 09-2018 dated 17 January 2018. DOJ circular 061 dated Nov 21, 2017.

QUESTION:

A was charged for violation of Section 5 RA 9165 on May of 2017 in the city of Manila. The
information was filed with RTC of Manila with no bail recommended. A was not yet arraigned. Comes
August 15, 2017, Estipona vs Lubrigo was promulgated by the SC en banc allowing Plea Bargaining
in Criminal cases for violation of RA 9165.
a. Is Plea Bargaining allowed?
b. Prior to Finality of the decision, A entered into stipulation with the public prosecutor to allowhim
the plea bargain to a lesser offense. Is Plea Bargaining allowed?
c. The Judge retired from the service and the case was not heard until after November 21, 2017, there
is a pending incident as to the plea bargaining. Is Plea Bargaining allowed?

ANSWER:

Effective November 7, 2017 where the case of Estipona vs Lubrigo was certified by the SC en
banc to be final and executory Plea Bargaining is already allowed. Prior to November 7, 2017 when the
case of Estipona vs Lubrigo is not yet final and executory Plea Bargaining is not allowed for violation
of RA 9165. ( attack the question directly)

Evidence: General Principles

Manlar Rice Mill, Inc vs Deyto 2014

– It is a basic rule in evidence that he who alleges must prove his case or claim by the degree
of evidence required ( Ei incumbit probatio qui dicit, non qui negat)
– allegation is not evidence, it must be proven.

Civil Cases, he who allege is the plaintiff therefore you need to present Preponderance of Evidence.
Criminal cases, it is the Prosecution because the accused is presumed innocent unless otherwise proven
guilty. The required quamtum of proof is Proof beyond reasonable doubt.
Admin cases, it is only Substantial evidence like Impeachment Trial.
In Impeachment is the combination of political and judicial.

Is Good Intention a defense?

It is well to remember that good intentions do not win cases, evidence does. - Catacutan vs People
2011
The basic Rules is that mere allegation is not evidence and is not equivalent to proof- SSC vs Favila
2011

RULE 129 Section 4; Judicial Admissions