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REVIEWER ON CRIMINAL EVIDENCE


By: ATTY. JAYVEE A. MAHIDLAWON
Professor, CPAC – EARIST

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What is Evidence?

Evidence is the means, sanctioned by the rules, of ascertaining in a judicial


proceeding the truth respecting a matter of fact.

What is the distinction between Evidence and Proof?

Evidence is the medium of proof or the means sanctioned by the rules in


ascertaining the truth respecting a matter of fact.

Proof is the effect or result of evidence.

What is the distinction between Factum Probandum and Factum Probans?

Factum Probandum is the ultimate fact or facts sought to be established.

Factum Probans is the evidentiary fact or facts by which factum probandum is to


be established.

What is the nature of the Rules on Evidence?

The nature of the Rules on Evidence is procedural, waivable in character, and


can be subject to the stipulation of the parties provided it is not contrary to law, morals,
and public policy.

How will the Rules on Evidence be construed?

The rules on evidence shall be liberally construed in order to promote their


objective of securing a just, speedy, and inexpensive disposition of every action and
proceeding.

The Rules on Evidence do not apply to the following cases:

 Election cases
 Land registration cases
 Cadastral proceedings
 Insolvency proceedings
 Naturalization proceedings
 Other cases such as labor and impeachment cases

Note: However, rules on evidence may be applied in the above-mentioned cases as an


exception but only suppletory in character and whenever practicable and convenient.
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Hierarchy of Evidence

Proof beyond reasonable doubt


(quantum of evidence required in criminal cases)

Clear and convincing Evidence


(quantum of evidence required in disbarment cases etc)

Preponderance of Evidence
(quantum of evidence required in civil cases)

Substantial Evidence
(quantum of evidence required in administrative cases)

Requisites for admissibility of evidence

1. It must be competent or not otherwise excluded by the law or the rules;


2. It must be relevant to the issue sought to be proved; and
3. It must be material to the facts in issues.

Kinds of Admissibility

Conditional admissibility – where the evidence at the time of its offer appears
to be immaterial or irrelevant, unless it is connected with the other facts to be
subsequently proved, such evidence may be received on condition that the other facts
will be proved thereafter, otherwise the evidence already given will be stricken out.

Multiple admissibility – where the evidence is relevant and competent for two
or more purposes, such evidence should be admitted for any or all the purposes for
which it is offered provided it satisfies all the requirements of law for its admissibility.

Curative admissibility – treats upon the right of a party to introduce


incompetent evidence in his behalf where the court has admitted the same kind of
evidence adduced by the adverse party. It is allowed to answer the inadmissible
evidence.

When to determine the admissibility of evidence?

a. At the time it is offered to the court;


b. In case of object evidence, when it is presented in court for its viewing or
evaluation;
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c. In case of testimonial evidence, at the time the witness is called on the


witness stand;
d. In case of documentary evidence, when it is formally offered and before
resting of the case.

Admissibility of evidence vs. Probative value of evidence

Admissibility of evidence refers to the question of whether or not the


circumstance [or evidence] is to be considered at all.

Probative value of evidence refers to the question of whether or not it proves an


issue.

Admissibility of evidence vs. Credibility of evidence

Admissibility of evidence refers to the duty of the court to receive or allow the
evidence.

Credibility of evidence refers to the worthiness of belief of the evidence.

Note:

 It is a rule of evidence that any objection against the admission of any piece of
evidence must be made at the proper time and that if not so made it will be
understood to have been waived.

 Objections to the admissibility of evidence cannot be raised for the first time on
appeal when a party desires the court to reject the evidence offered, he must so
state in the form of objection.

What is Exclusionary Rule?

Exclusionary rule states that evidence illegally obtained and confiscated on the
occasion of an unreasonable search and seizure is tainted and should be excluded for
being the proverbial “fruit of the poisonous tree”. In the language of the
fundamental law, it shall be inadmissible in evidence for any purpose in any proceeding.

Evidence in order to be relevant must:

1. Have such a relation to the fact in issue; and


2. It will induce belief in its existence or non-existence

Note:

 The test of relevancy is whether an item of evidence will have any value, as
determined by logic and experience, in proving the proposition for which it is
offered, or whether it would reasonably and actually tend to prove or disprove
any matter of fact in issue, or corroborate other relevant evidence. The test is
satisfied if there is some logical connection either directly or by inference
between the fact offered and the fact to be proved.

 Evidence on collateral matters shall not be allowed, except when it tends in any
reasonable degree to establish the probability or improbability of the fact in
issue.
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What is Judicial Notice?

Judicial notice means that “What is known need not be proved.” It means no
more than the court will bring to its aid and consider without proof of the facts, its
knowledge of those matters of public concern which are known by all well-informed
persons.

Judicial notice by the court is made for the purpose of:

1. Taking the place of proof in connection with the issue in the case; and
2. It will abbreviate the proceedings.

Requisites of Judicial notice:

1. It must be a matter of general or common knowledge;


2. It must be well and authoritatively settled, and not doubtful or uncertain;
3. It must be known to be within the limits of the jurisdiction of the court.

Judicial notice is either:

1. Mandatory – one that does not require the introduction of evidence;


2. Discretionary – refers to matters which are of public knowledge, or are capable
of unquestionable demonstration, or ought to be known to judges because of
their judicial functions.

Mandatory Judicial Notice:

1. Existence and territorial extent of states;


2. Political history of states;
3. Forms of government and symbols of nationality;
4. Laws of nations;
5. Admiralty and maritime courts of the world and their seals;
6. Political constitution and history of the Philippines;
7. Official acts of the legislative, executive and judicial departments of the
Philippines;
8. Laws of nature;
9. Measure of time; and
10.Geographical divisions

Doctrine of “presumed-identity approach” or “processual presumption”

Where a foreign law is not pleaded or, even if pleaded, is not proved, the
presumption is that foreign law is the same as ours.

What is Judicial Admission?

Judicial Admission is an admission, verbal or written, made by a party in the


course of the proceedings in the same case, which dispenses with the need for proof
with respect to the matter or fact admitted. It may be contradicted only by a showing
that it was made through palpable mistake or that no such admission was made.
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Distinctions between Judicial Admission and Judicial Confession

Judicial Admission Judicial Confession

1. An admission, verbal or written, 1. Is an acknowledgment of one’s guilt


made by a party in the course of in the same case;
the proceedings; 2. Connotes admission of one’s
2. Does not result in liability; liability;
3. May be express or implied; 3. Is always express or tacit;
4. Is more of a broader scope which 4. Is only limited to the confession of
includes judicial confession; a person;
5. May be made by any party. 5. Can only be made by the accused in
a criminal proceeding.

Distinctions between Judicial Admission and Extra-judicial Admission

Judicial Admission Extra-judicial Admission

1. An admission made in the same 1. An admission made in another case


case; or out of court admission;
2. Need not be proven by the party 2. Needs to be alleged and proved like
being conclusive on the part of the any other fact.
admitter, unless it was made
through palpable mistake or when
there is no admission made.

Instances where judicial admission can be made:

1. Admissions made in the pleadings;


2. Admissions made during pre-trial conference;
3. Admissions made in motions filed before the court;
4. Admissions made by the witness on the witness stand;
5. Admissions made in answer to written request for admission;
6. Admissions made in answer in the written interrogatories;
7. Admissions made in open court during trial;
8. Admission on testimonies, deposition and affidavits;
9. Agreement of facts by the parties.

What is the effect of an offer of compromise in criminal cases?

In criminal cases, except those involving quasi-offenses (criminal negligence) or


those allowed by law to be compromised, an offer of compromise by the accused may
be received in evidence as an implied admission of guilt.

Note:

 In civil cases, an offer of compromise is not an admission of any liability, and is


not admissible in evidence against the offeror.
 A plea of guilty later withdrawn, or an unaccepted offer of a plea of guilty to a
lesser offense, is not admissible in evidence against the accused who made the
plea or offer.
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Major Kinds of Evidence

1.Object or Real Evidence – is the kind of evidence which is directly


addressed to the senses of the court and consist of tangible things exhibited, viewed, or
demonstrated in open court.

Senses include:

1. Sense of vision;
2. Sense of hearing (auditory);
3. Sense of touch (tactile);
4. Sense of taste (gustatory);
5. Sense of smell (olfactory)

When an object evidence is relevant to the fact in issue, it may be:

1. Exhibited;
2. Examined; or
3. Viewed by the court.

2. Documentary Evidence – is an evidence which consists of writing or any


material containing letters, words, numbers, figures, symbols or other modes of written
expression offered as proof of their contents.

What are the instances where a document is considered as object or real evidence?

1. When it tends to prove the existence or non-existence of the document;


2. When the purpose is to prove the nature of the handwriting in the
document;
3. When the intention of the party is to determine the age of the paper or
material used;
4. When its purpose is to prove the alterations, blemishes or forgery in a
document.

What is Best Evidence Rule or Primary Evidence Rule?

Under Best Evidence Rule or Primary Evidence Rule, when the subject of inquiry
is the contents of a document, no evidence shall be admissible other than the original
document itself.

How to determine if the document is original?

Original of document. —

(a) The original of the document is one the contents of which are the subject
of inquiry.
(b) When a document is in two or more copies executed at or about the same
time, with identical contents, all such copies are equally regarded as originals.
(c) 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.
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Requisites for admissibility of documentary evidence:

1. It must be formally offered;


2. It must be relevant;
3. It must be identified and marked; and
4. It must be authenticated.

Instances where Best Evidence Rule or Primary Evidence Rule shall not
apply:

1. When the original has been lost or 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 facts sought to
be established from them is only the general result of the whole;
4. When the original is a public record in the custody of a public officer or is
recorded in a public office.

When to present secondary evidence?

When the original document has been lost or destroyed, or cannot be produced
in court, the offeror, upon proof of its execution or existence and the cause of its
unavailability without bad faith on his part, may prove its contents by a copy, or by a
recital of its contents in some authentic document, or by the testimony of witnesses in
the order stated.

Requisites before secondary evidence may be presented:

1. Prove the due execution of the original;


2. Proof of the loss, destruction, or unavailability of all such originals;
3. Proof that reasonable diligence and good faith in the search or at least an
attempt to produce the original.

What is Parole Evidence Rule?

When the terms of an agreement have been reduced to writing, it is considered


as containing all the terms agreed upon and there can be, between the parties and
their successors in interest, no evidence of such terms other than the contents of the
written agreement.

Note:

When the terms of an agreement have been reduced to writing, it is considered


as containing all the terms agreed upon and there can be, between the parties and
their successors in interest, no evidence of such terms other than the contents of the
written agreement.

However, a party may present evidence to modify, explain or add to the terms of
written agreement if he puts in issue in his pleading:

(a) An intrinsic ambiguity, mistake or imperfection in the written agreement;


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(b) The failure of the written agreement to express the true intent and
agreement of the parties thereto;
(c) The validity of the written agreement; or
(d) The existence of other terms agreed to by the parties or their successors
in interest after the execution of the written agreement.

3.Testimonial Evidence – is an oral evidence given by the witness on the


witness stand or in any proceedings.

Who is a witness?

A witness is a person called in a judicial or similar proceeding to give testimony


under oath.

What is the qualification to be a witness?

All persons who can perceive, and perceiving, can make known their perception
to others, may be witnesses.

Note:

 Religious or political belief, interest in the outcome of the case shall not be a
ground for disqualification to be a witness.
 Neither conviction of a crime shall disqualify a person to be a witness, except he
was previously convicted of the following crimes:

1. Perjury;
2. Falsification of public or private documents;
3. False testimony

Types of disqualifications to be a witness:

1. Disqualification by reason of mental incapacity or immaturity. — The following


persons cannot be witnesses:

(a) Those whose mental condition, at the time of their production for
examination, is such that they are incapable of intelligently making known
their perception to others;
(b) 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.

2. Disqualification by reason of marriage. — During their marriage, neither the


husband nor the wife may testify for or against the other without the consent of
the affected spouse, except in a civil case by one against the other, or in a
criminal case for a crime committed by one against the other or the latter's direct
descendants or ascendants.

3. Disqualification by reason of death or insanity of adverse party. — Parties or


assignor of parties to a case, or persons in whose behalf a case is prosecuted,
against an executor or administrator or other representative of a deceased
person, or against a person of unsound mind, upon a claim or demand against
the estate of such deceased person or against such person of unsound mind,
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cannot testify as to any matter of fact occurring before the death of such
deceased person or before such person became of unsound mind.

4. Disqualification by reason of privileged communication. — The following persons


cannot testify as to matters learned in confidence in the following cases:

(a) The husband or the wife, during or after the marriage, cannot be
examined without the consent of the other as to any communication
received in confidence by one from the other during the marriage except
in a civil case by one against the other, or in a criminal case for a crime
committed by one against the other or the latter's direct descendants or
ascendants;
(b) An attorney cannot, without the consent of his client, be examined as to
any communication made by the client to him, or his advice given thereon
in the course of, or with a view to, professional employment, nor can an
attorney's secretary, stenographer, or clerk be examined, without the
consent of the client and his employer, concerning any fact the knowledge
of which has been acquired in such capacity;
(c) A person authorized to practice medicine, surgery or obstetrics cannot in a
civil case, without the consent of the patient, be examined as to any
advice or treatment given by him or any information which he may have
acquired in attending such patient in a professional capacity, which
information was necessary to enable him to act in capacity, and which
would blacken the reputation of the patient;
(d) A minister or priest cannot, without the consent of the person making the
confession, be examined as to any confession made to or any advice
given by him in his professional character in the course of discipline
enjoined by the church to which the minister or priest belongs;
(e) A public officer cannot be examined during his term of office or
afterwards, as to communications made to him in official confidence,
when the court finds that the public interest would suffer by the
disclosure.

What covers Testimonial Privilege?

Parental and filial privilege where it states that no person may be compelled to
testify against his parents, other direct ascendants, children or other direct
descendants.

Kinds of witnesses:

Competent witness – is one who is not legally disqualified from testifying in


courts of justice, by reason of mental incapacity, interest on the commission of crimes,
or other cause excluding him from testifying generally, or rendering him incompetent in
respect of the particular subject matter, or in the particular suit.

State witness – is an accomplice who gives evidence in criminal proceeding,


usually in the expectancy of lighter punishment or pardon.

Child witness – is any person who at the time of giving testimony is below the
age of eighteen (18) years.
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Expert witness–a person who, by study or experience, has acquired particular


knowledge or experience upon matters of technical knowledge and skill relating to a
specific field or area of expertise.

Hostile or adverse witness – a witness who manifests so much hostility or


prejudice under examination in chief that the party who has called him, or
representative, is allowed to cross-examine him.

Other Kinds of Evidence

Direct Evidence – is the kind of evidence if believed proves the fact in issue.

Circumstantial Evidence – is that evidence which proves a fact or series of


facts from which the facts in issue may be established by inference.

Demonstrative Evidence – is the kind of evidence which demonstrates the


real thing.

Corroborative Evidence – is the kind of evidence which merely supplements


evidence has already been given tending to strengthen the same.

Cumulative Evidence – is the kind of evidence which is of the same kind and
character tending to prove the same proposition.

Positive Evidence – is a kind of evidence in which a witness affirms that a fact


did or did not occur.

Negative Evidence – is a testimony that a certain fact did not exist. It may
either be alibi or denial. It is a settled rule that alibi and denial are inherently weak
defenses. Alibi and denial cannot prevail over the positive and categorical testimony and
identification of an accused by the complainant.

Prima facie Evidence – is an evidence which, if unexplained or uncontradicted,


is sufficient to sustain the proposition it supports or to establish the facts.

Conclusive Evidence – is an evidence which establishes the fact.

Substantial Evidence – is that level of relevant evidence which a reasonable


mind might accept as adequate to justify a conclusion.

Preponderance of Evidence – is the evidence which is more convincing to the


court as worthy of belief than that which is offered in opposition thereto.

Proof beyond reasonable doubt – is the required quantum of evidence in


order to convict an accused. A judgment of conviction must rest on nothing less that
moral certainty, moral certainty in an unprejudiced mind that it was the accused who
committed the crime, failing which the accused must be exonerated.

Clear and Convincing Evidence – is a kind of evidence which establishes in


the minds of a trier of facts a firm belief on the existence of the fact in issue.

Competent Evidence – is the kind of evidence which is not otherwise excluded


by law or by the rules.
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Relevant Evidence – is the kind of evidence which has a relation to the fact in
issue.

Material Evidence – one that is directed to prove a fact in issue as determined


by the rules on substantive law and pleadings.

Rebuttal Evidence – is any component evidence to explain, repel, counteract,


or disprove adversary’s proof. It is receivable only where new matters have been
developed by the evidence of one of the parties and is generally limited to a reply to
new matters.

Sur-rebuttal Evidence – evidence in reply to or to rebut new matter


introduced in rebuttal.

Primary Evidence – is a kind of evidence which assures the greatest certainty


of fact sought to be proved, and which does not in itself, indicate the existence of other
and better proof.

Secondary Evidence – is any evidence other that the document itself like a
copy, recital of its contents in some authentic document or recollection of the witness.

Evidence-in-Chief – is the primary and main evidence presented by the parties


to prove their cause or defense.

Newly Discovered Evidence – is an evidence that could not, by the exercise


of due diligence, have been discovered during trial which is material and not only
cumulative, corroborative, or impeaching. It is an evidence which was discovered only
after trial affecting the merits of the case and produce a different result if admitted.

- nothing follows -

Convultion- sudden, violent, irregular movement of a limb or of the body, caused by involuntary
contraction of muscles and associated especially with brain disorders such as epilepsy, the
presence of certain toxins or other agents in the blood, or fever in children.

Decomposition-the state or process of rotting; decay.

Decubitus -the posture adopted by a person who is lying down.

defensive wounds definition -A defense wound or self-defense wound is an injury received


by the victim of an attack while trying to defend against the assailant.

diatoms- a single-celled alga that has a cell wall of silica. Many kinds are planktonic, and
extensive fossil deposits have been found.

The Durham Rule, sometimes referred to as the “product test,” provides that the defendant is
not “criminally responsible if his unlawful act is the product of a mental disease or defect.”

Ecchymosis-a discoloration of the skin resulting from bleeding underneath, typically caused by
bruising.
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Eclampsia -a condition in which one or more convulsions occur in a pregnant woman suffering
from high blood pressure, often followed by coma and posing a threat to the health of mother
and baby.

embolism-obstruction of an artery, typically by a clot of blood or an air bubble.

endemic-of a disease or condition) regularly found among particular people or in a certain area.

Endocarditis is an infection of the endocardium, which is the inner lining of


your heart chambers and heart valves.

Epedural -on or around the dura mater, in particular (of an anesthetic) introduced into the space
around the dura mater of the spinal cord.

Hemorage -an escape of blood from a ruptured blood vessel, especially when profuse.

Epistaxis -bleeding from the nose.

Erythrocytes -a red blood cell that (in humans) is typically a biconcave disc without a nucleus.
Erythrocytes contain the pigment hemoglobin, which imparts the red color to blood, and
transport oxygen and carbon dioxide to and from the tissues.

Erythroderma is the term used to describe intense and usually widespread reddening of the
skin due to inflammatory skin disease.

Eunuchs -a man who has been castrated, especially (in the past) one employed to guard the
women's living areas at an oriental court.

Euthanasia -the painless killing of a patient suffering from an incurable and painful disease or in
an irreversible coma.

Exoskeleton -a rigid external covering for the body in some invertebrate animals, especially
arthropods, providing both support and protection.

Gangrene -localized death and decomposition of body tissue, resulting from either obstructed
circulation or bacterial infection.

Glaucoma -a condition of increased pressure within the eyeball, causing gradual loss of
sight.