Basic Rules in Evidence

EvidenceEvidence is the means of proving a fact.It becomes necessary to present evidence in a case when the pleadings filed present factual issuesQuestions of FactsQuestions of fact exist when the doubt or difference arises as to the truth or falsehood of alleged facts.

What is the Importance of Evidence in Law Enforcement?As one of the pillars of justice, it is the duty of everylaw enforcement agencyto provide the Prosecution with the materials and information (Evidence) necessary in order to support a conviction.Linkingthe chain of events through Evidence during TrialTrial refers to theexaminationbefore a competenttribunal, according to the laws of the land, of the facts in issue in a cause, for the purposes of determining such issueLinkingthe chain of events through Evidence during TrialEvidence helps in the determination of Factual Issues and Questions of Facts by helping the judge reconstruct the chain of events from the conception up to the consummation of a criminal design.Terms to RememberPROOF - the result or effect of evidence. When the requisite quantum of evidence of a particular fact has been duly admitted and given weight, the result is called the proof of such fact.Terms to RememberFACTUM PROBANDUMthe ultimate fact or the fact sought to be established. Refers to proposition Examples: murder was committed thru treachery robbery was made through force upon thingsFACTUM PROBANSis the evidentiary fact or the fact by which the factum probandum is to be established. Materials which establish the proposition.Examples:exit woundswere in front indicating that victim was shot at the back destroyed locks indicative of force upon thingsThus, the outcome of every trial is determined by:

Propositions of law, and Questions of fact.EvidenceIt is a means of ascertainment used to arrive at a legal conclusionIt is sanctioned by the rules of court meaning, not excluded by the rules on relevancy and admissibilityEvidenceIt is used in a judicial proceeding there is a jural conflict involving different rights asserted by different partiesIt pertains to the truth respecting a matter of fact evidence represents a claim either for the prosecution orfor the defensewhere issues (clashes of view) are present.EvidenceHence, Evidence the means to arrive at a conclusion. Under the Revised Rules of Court, evidence is defined as the means, sanctioned by the rules, for ascertainment in a judicial proceeding, the truth, respecting a matter of fact.Terms to RememberQuantum of evidence The totality of evidence presented for consideration

Quantum of proof Refers to the degree of proof required in order to arrive at a conclusion.

Terms to RememberBurden of evidence The duty of a party of going forward with evidence.

Burden of proof The duty of the affirmative to prove that which it alleges.

Variations on degrees of proof based on type of actionCriminal Action proof beyond reasonable doubt [that degree of proof which produces conviction in an unprejudiced mind]Civil Action preponderance of evidence [evidence of greater weight or more convincing than that which is offered to refute it]Administrative Action sufficiency of evidence [that amount of relevant evidence which a reasonable mind might accept as adequate to justify a conclusion]

Exclusionary RuleEvidence ILLEGALY OBTAINED are inadmissible for reasons of public policy. This is so because of the constitutional requirement of due process. Due process has been defined as the law that hears before it condemns, which proceeds upon inquiry, andrendersjudgment only after fair trial.

As a result, jurisprudence has evolved a rule thatrendersinadmissible any evidence obtained in an illegal search from being introduced in trial. Fruit of the poisonous treedoctrine

Principle of Chain of Custody of EvidenceIf the evidence is of a type which cannot be easily recognized or can readily be confused or tampered with, the proponent of the object must present evidence of its chain of custody. The proponent need not negate all possibilities of substitution or tampering in the chain of custody, but must show that:The evidence is identified as the same object which was taken from the scene;It was not tampered with, or that any alteration can be sufficiently explained (i.e. discoloration dueto the applicationof ninhydrine solution, etc.); andThe persons who have handled the evidence are known and may be examined in court with regard to the object.ADMISSIBILITY OF EVIDENCEThe study of the law on evidence involves two main problems:Determining whether a given piece of evidence is admissible; and The proper presentation of that evidence so that the court will consider it in resolving the issues and deciding the case.

ADMISSIBILITY OF EVIDENCEAlthough evidence may, by itself, be admissible, the court may not admit or consider it in the resolution of the case unless the evidence was properly presented.

Axiom of Admissibility of EvidenceFor evidence to be admissible, it must be:Relevant to the issue [relevancy test], andNot excluded by the law or rules of court [competency test].

Axiom of Admissibility of EvidenceNote: To determine the relevancy of any item of proof, the purpose for which it is sought to be introduced must first be known (There must be a formal offer).Test of Relevancy of EvidenceEvidence is relevant if it tends in any reasonable degree to establish the probability or improbability of a fact in issue.In other words, evidence is relevant when it is:1) material, and2) has probative valueWhat 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.Matters other than the fact in issue and which are offered as a basis for inference as to the existence ornon-existenceof the facts in issue.Collateral matters are classified into:Antecedent circumstances facts existing before the commission of the crime [i.e. hatred, bad moral character of the offender, previous plan, conspiracy, etc.]Concomitant circumstances facts existing during the commission of the crime [i.e. opportunity, presence of the accused at the scene of the crime, etc.]Subsequent circumstances facts existing after the commission of the crime [i.e. flight,extrajudicialadmission to third party, attempt to conceal effects of the crime, possession of stolen property, etc.]Judicial NoticeJudicial notice is based on necessity and expediency. This is so because what is known need not be proved.

Different kinds of judicial notices:MandatoryDiscretionary

Confession and AdmissionConfessionAn acknowledgement of guilt.

AdmissionAn acknowledgment of facts.

Different kinds of confession/admissionJudicialExtrajudicialOralWrittenVoluntaryForcedCLASSIFICATION OF EVIDENCE ACCORDING TO FORMOBJECTIVE OR REAL EVIDENCE directly addressed to the senses of the court and consist of tangible things exhibited or demonstrated in open court, in an ocular inspection, or at place designated by the court for its view or observation of an exhibition, experiment or demonstration. This is referred to as autoptic preference. DOCUMENTARY EVIDENCE evidence supplied by written instruments or derived from conventional symbols, such as letters, by which ideas are represented on material substances TESTIMONIAL EVIDENCE is that which is submitted to the court through the testimony or deposition of a witness. RELEVANT, MATERIAL AND COMPETENT EVIDENCERELEVANT EVIDENCE evidence having any value in reason as tending to prove any matter provable in an action. The test is the logical relation of the evidentiary fact to the fact in issue, whether the former tends to establish the probability or improbability of the latter.RELEVANT, MATERIAL AND COMPETENT EVIDENCEMaterial evidence evidence is material when it is directed to prove a fact in issue as determined by the rules of substantive law and pleadings.Competent evidence not excluded by law.Classification of EvidenceDirect evidence proves the fact in issue without aid of inference or presumptions.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.

Classification of EvidencePositive evidence evidence which affirms a fact in issue.Negative evidence - evidence which denies the existence of a fact in issue.Rebutting evidence given to repel, counter act or disprove facts given in evidence by the other party.

Classification of EvidencePrimary/Best evidence that which the law regards as affording the greatest certainty.

Secondary evidence that which indicates the existence of a more original source of informationClassification of EvidenceExpert evidence the testimony of one possessing knowledge not usually acquired by other persons.

Prima facieevidence evidence which can stand alone to support a conviction unless rebutted.

Conclusive evidence incontrovertible evidence

Cumulative evidence additional evidence of the same kind bearing on the same point.

Corroborative evidence additional evidence of a different kind and character tending to prove the same point as that of previously offered evidence.

Classification of EvidenceCharacter evidence evidence of a persons moral standing or personality traits in a community based on reputation or opinion. Demeanor evidence the behavior of a witness on the witness stand during trial to be considered by the judge on the issue of credibility. Demonstrative evidence evidence that has tangible and exemplifying purpose. Hearsay evidence oral testimony or documentary evidence which does not derive its value solely from thecreditto be attached to the witness himself. Testimonial evidence oral averments given in open court by the witness.

Classification of EvidenceObject/Auotoptic proferrence/Real evidence those addressed to the senses of the court (sight, hearing, smell, touch, taste).Documentary evidence those consisting of writing or any material containing letters, words, numbers, figures, symbols or other modes of written expression offered as proof of its contents.Best Evidence RuleWhen the subject of the inquiry is the contents of a document, no evidence shall be admissible other than the original of the document.

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

Original DocumentIt is the subject of an inquiryWhen in two or more copies executed at or about the same time, with identical contents.When an entry is repeated in ordinary course of business, one being copied from another at or near the time of the transaction.Secondary EvidenceWhen the original document has been:1. lost,2. destroyed, or3. cannot be produced in court.The offeror without bad faith must:1. prove its execution or existence, and2. prove the cause of its unavailability.

Secondary evidenceSecondary evidence may consist of:1. a copy,2. recital of its contents in some authentic document, or3. by testimony of witnesses.

When original document is in the custody of: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.public officer contents may be proved by certified copy issued by the public officer in custody thereof.TESTIMONIAL EVIDENCEQualifications of witnesses:1. can perceive2. can make known their perception to others3. not disqualified by reason of mental incapacity, immaturity, marriage, privileged communications, or dead mans statute.Res Inter Alios Acta RuleGeneral Rule: The rights of a party cannot be prejudiced by an act, declaration, or omission of another.Exceptions:1. admission by a co-partner or agent2. admission by a conspirator3. admission by privies4. admission by silenceIn the above cases, the admission of one person is admissible as evidence against another.Testimonial KnowledgeGeneral 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 interest3. Act or declaration about pedigree4. Family reputation or tradition regarding pedigree5. Common reputation6. Part of the res gestae7. Entries in the course of business8. Entries in official records9. Commercial lists and the like10. Learned treatises11. Testimony or deposition at a former proceeding12. Examination of child victim/witness in cases of child abuseBURDEN OF PROOF AND PRESUMPTIONSBurden 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:Conclusive presumptions [jure et de jure] based on rules of substantive law which cannot be overcome by evidence to the contrary. Disputable presumptions [prima facie presumptions, rebuttable presumptions] based on procedural rules and may be overcome by evidence to the contrary.Kinds of Conclusive Presumptions: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).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).

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.

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.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:To be protected from irrelevant, improper, or insulting questions, and from harsh or insulting demeanor.Not to be detained longer than the interest of justice requires.Not to be examined except only as to matters pertinent to the issue.Not to give an answer which will tend to subject him to a penalty for an offense unless otherwise provided by law.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 proponentCross examination by the opponentRe-direct examination by the proponentRe-cross examination by the opponentDirect 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?]

Different Types of Questions: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?]

Different Types of Questions:Conclusionary question a question which asks for an opinion which the witness is not qualified or permitted to answer. [Ex. Asking a highschooldrop-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 homosexual?]Classes of DocumentsPublic 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 exceptlast willsand 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.