LAW 3 CRIMINAL EVIDENCE

Definition of Terms:
1. LAW rule of conduct, just, obligatory, laid down by legitimate
power for common observance and benefits.
2. De facto government - existing govt., not necessarily legal or
elected by the people. (ex: revolutionary govt, transition govt of
Cory Aquino)
3. De juri government legal, elected

4. EVIDENCE are means sanctioned (recognized by the court) by the
rules of court of ascertaining in a judicial proceedings the truth
respecting the matter of fact.

- To prove both allegations of the suspects and victims
- To prove the truthfulness of their allegations before the court
- Any material that might persuade the court of the truthfulness
of the allegations
5. Invalid ab initio - invalid from the very beginning

DISTINGUISH


PROOF EVIDENCE
- is the effect or result of evidence - is the medium of proof.

FACTUM PROBANDUM FACTUM PROBANS
- is the proposition to be established - is the evidentiary facts

(ex: A raped and murdered B inside one room. C saw A came out of that
room after the incident. C noticed the bloodstains in As shirt. C can testify
before the court that he saw A came out of that room right after the incident
with his shirt bloodied circumstantial evidence/factum probandum
(accused to be proven guilty). The semen that will be collected in the cervix
of B, blood that will match the suspect, fingerprints in the crime scene, hair
strands, and other evidences that will be collected by the investigating team
at the crime scene that will match the suspect will be the factum probans.)

KINDS OF EVIDENCE
A. DIRECT AND CIRCUMSTANTIAL EVIDENCE
a. Direct evidence is that which proves the fact in issue
without the aid of inference or presumptions.
(Ex: seen directly by the witness who was present during the
actual commission of the crime; Inflagrante delicti or
caught in the act; admission of the guilt by the accused
himself)

b. Circumstantial evidence proof of facts from which taken
collectively, the existence of a particular fact in dispute
maybe inferred as necessary of probable consequence.

(Ex: No witness during the actual commission of the crime
but a person saw the suspect come out of the crime scene.
Also, what the witness heard like the commotion inside the
room, the shouting for help of the victim plus the
fingerprints, blood or any evidence left by the suspect at the
crime scene. What the witness heard, felt, smelled,
touched. Res gestae statements.)

B. PRIMARY OR SECONDARY EVIDENCE
a. Primary evidence is that which afford the greatest
certainty of the fact in question.
(Ex: Forgery or Violation of Contracts. Presenting the
original document before the court will merit the greatest
certainty of the fact in question)

b. Secondary evidence is inferior to primary evidence and
shows in it face that better evidence exist.
(Ex: zerox copy, carbon copy, authenticated copies of the
real document, can all be used in the absence of the primary
evidence esp. if its in the possession of the accused)

C. POSITIVE AND NEGATIVE EVIDENCE
a. Positive evidence when the witness avers that a fact did
or did not occur.
(Ex: if the witness positively identified the perpetrator of the
crime.)

b. Negative evidence when the witness states that he did
not see or know the occurrence of the facts.

D. CORROBORATIVE AND CUMULATIVE EVIDENCE
a. Corroborative Evidence - is an additional evidence of
different kind and character intending to prove the same
point.
- Another statement not related to the issue but the
testimony will strengthen the accusation and reinforce the
allegation.

Ex: A,B,C are all house-helps. B killed C at 7pm. Upon
investigation C, averred that he was inside the bedroom with A.
But when A was, questioned, A told the investigators that B was
not in their room at 7pm the night C was killed. (Asking
questions which are not directly involved in the incident)

b. Cumulative evidence is an evidence of different kind and
character as that already given and tends to prove the same
proposition.

Ex: All the evidences presented by the accused and his
counsel to contradict the evidences of the offended party and
that led to the acquittal of his case is an example of cumulative
evidences.

E. PRIMA FACIE AND CONCLUSIVE EVIDENCE
a. Prima Facie Evidence is that which suffice for a proof of a
particular fact until contradicted and overcome by other
evidence.

Ex: Testimony of the witness is already considered as a
prima facie evidence since the court believe that a person will
not place himself under oath because he can be charged of
perjury if he gives false testimony.
Prima facie evidence that a crime could have been
committed and will be used as a basis for filing a case in court
but will not suffice if contested in the court later on. (Ex: Mr. X
had a wound (which resembled a stab wound) that he got when
a broken glass accidentally hit his arm. Since he had a grudge
towards Mr. Y, he made it appear that Mr. Y stabbed him. He
went to the doctor and secured a medical certificate).

b. Conclusive Evidence is that which is uncontrovertible
(which could not be questioned, altered or contested
anymore)
Ex: Death of Jose Rizal, fingerprints, DNA test/result

F. RELEVANT AND MATERIAL EVIDENCE
a. Relevant evidence when it has a tendency and reason to
establish a probability of a fact in issue.
Ex: Rape with murder (by stabbing) the knife left at the
crime scene is a relevant evidence the evidence which is used
in the actual commission of the crime. Other evidences at the
crime scene such as fingerprint, blood stains, hair strands can
also be considered as relevant evidences.

b. Material evidence is analogous to a relevant evidence.
Ex: A girl was raped and stabbed to death but the
perpetrator nor the murder weapon was not found at the crime
scene. Instead, a gun was found near the vicinity. Said gun can
be considered as a material evidence in locating its owner, who
can be the perpetrator of the crime or can lead the investigators
to the suspect/in solving the case.

G. COMPETENT EVIDENCE when it is not excluded by the law in a
particular case.
Ex: hear-say is not admissible in court. Dying declaration is
admissible as evidence in court
A minor entering a contract not competent-illegal
Any legal or illegal material obtained from illegal search
(fruit of the poison tree)

H. REBUTTAL OR SUR REBUTTAL
a. Rebuttal (denial, negation, disproof) that which is given to
explain, repel, counteract or disprove facts given by the
evidence of the other party.

Ex: Rebuttal of the evidence

b. Sun rebuttal is that evidence which refutes rebuttal
evidence.

Ex: Offended party submitted evidence against the accused.
Accused submitted counter-evidence to refute the
allegations by the offended party.

Prohibition: submitting of tape/video coverage as evidence
(because it can be tampered/anti-tapping law)

I. OBJECT OF REAL EVIDENCE - those evidence addressed to the
senses of the court. Evidences that can be seen by the naked eye.
Ex: knife, gun, bolo
J. DOCUMENTARY EVIDENCE - evidence supplied by written
instructions
Ex: contracts, letters, markers, birth certificates, last will
and testament

K. TESTIMONIAL EVIDENCE - oral testimony given in court or
testimony under oath.

Ex: witness takes oath at the witness stand. If found lying,
can be charged with perjury.

Sworn statement - a testimonial evidence, written
statement as it is but made under oath, only transcribed as a
transcript or cumulative evidence.

Deposition a sworn statement gathered from a witness
who cannot be on a witness stand for a valid reason.

L. EXPERT EVIDENCE - the testimony of one possessing with regards
with a particular subject or department of human activity whose
knowledge is not necessarily acquired by other person.

Ex: pathologists, technicians, fingerprint experts, ballisti-
cians scientific findings

Conspiracy Act of one, is the act of all.
Ex: Ninoy Aquino Galman Murder Case experts on
ballistics theorized that Ninoy was shot from behind based from the
trajectory entry/exit of the bullet, thus the triggerman was one of
his escorts. The validity of the expert evidence cannot be questioned
by any lawyer or judge.

M. SUBSTANTIAL EVIDENCE - amount of relevant evidence which a
responsible mind might accept as adequate which justify the fact in
issue can be reasonably inferred. (More than one evidence to be
presented before the court in order to charge the accused.)

Ex: a murder was committed without any witness. But Mr. X
was seen running out of the victims house, holding a knife and with
bloodied shirt. The last name mentioned by the victim was that of
Mr. X. Fingerprints and other evidence found at the crime scene will
justify if Mr. X is the true perpetrator.

QUALIFICATIONS OF A WITNESS
1. Those who can perceive and perceiving. (those who can understand
and who could be understood )
2. Those who can communicate of what he perceived. (who can
communicate of what he understood- someone who can elaborate
what he saw at the crime scene)
DISQUALIFICATION
1. Immaturity (minor) but can not be an absolute disqualification. At
least the witness could elaborate the incident before the court.
2. Mental handicap/incapacity
DEFINITION OF TERMS

1. RELEVANCY - evidence must have such relation to the fact in issue
as to include belief in its existence or non-existence.
2. ISSUE the point or points in question, at the conclusion of the
pleadings which one side affirms and the other denies.
3. JUDICIAL NOTICE no more than that the court will bring to its aid
and consider without proof of facts its knowledge of those matters
of public concern which are known by the well-informed persons.
4. JUDICIAL ADMISSION - an admission, verbal or written made by a
party in the course of proceeding in the same case does not require
proof.
5. PAROLE EVIDENCE the so-called parole evidence forbids ant
additional or contradicting to the terms of the written instrument.
6. WITNESS all persons who can perceive and perceiving and who
can make known their perception to others.

DISQUALIFICATION BY REASON OF MARRIAGE - during their marriage,
neither husband or wife testify for or against the other without the
consent of the affected spouse, except, in a civil case by one against the
other on the direct descendant or ascendant.

DISQUALIFICATION BY REASON OF PRIVILEGE COMMUNICATION
1. Between husband and wife
2. Between attorney client communications
3. Doctor and patient
4. Minister priest and the confessor penitent

TESTIMONIAL PRIVILEGE no person may be compelled to testify against
his parents, other direct ascendants, children or other direct
descendants.

ADMISSION AND CONFESSION

CONFESSION a declaration made at anytime by a person, voluntarily and
without compulsion or inducement, stating or acknowledging that he
had committed or participated in the commission of a crime.

ADMISSION is usually applied in criminal cases to statement of the facts
by the accused which do not directly involve an acknowledgement of
guilt of the accused or criminal intent to commit the offense which he
is charged.

COMPROMISE is an agreement made between two or more parties as a
settlement of matters in dispute.

OFFER OF COMPROMISE
In civil cases an offer of compromise is not an admission of any liability
and is not admissible in evidence against the offeror.

Ex: A man was sued in court for child support and for acknow-
ledgement of the said child. He denied that the child is his but agreed
on an alimony. The mother cant use this compromise before the court
as an admission of the said man that he is the father of her child.

In criminal case except those involving quasi-judicial offenses (criminal
negligence) or those allowed by law to be compromised by the
accused.
Ex: Maria and Jose are couples. Pedro killed Jose. Jose paid Maria
P20,000 as payment. The payment can be used by Maria against Pedro
as an implied admission of guilt.
(However, if they have a written agreement that does not mention
that the amount is to be paid for the death of Jose, but for other
reasons as therein specified, then it could not be used as an implied
admission of guilt).

DYING DECLARATION the declaration of the dying person under
consciousness of impending death may be received in any case where
his death is the subject of inquiry as evidence of the cause and
surrounding circumstances of such death.

Doctrine behind: The truth comes out from the mouth of a dying
person.

Ex: Sweet Palomo case
PART OF RES GESTAE statement made by a person while startling
occurrence is taking place or immediately prior, or subsequent thereto
with respect to the circumstances thereof maybe given in evidence as
part of the res gestae. So, also statements accompanying an equivocal
(unclear) act material to the issue and giving it legal significance maybe
received as part of the res gestae.

Ex: No witness present during the actual commission of the crime
but a person (Ms. X) occupying the apartment next to the crime scene
heard the commotions inside the room and the victims shouting for
help. The following morning, Ms. X found out that one of the
occupants of the adjacent apartment was murdered. The statement
that will be given by Ms. X to the investigators relative to the crime is
called res gestae statement.

DISCUSSIONS on Dec 11, 2007

COLLATERAL MATTERS collateral matter or material evidence
Ex: Rape with murder by stabbing the victim. Found at the crime
scene is a gun. Said gun is a collateral matter or material evidence
that can be used in order to identify the owner of the gun through
its serial number. Said owner might be the perpetrator or can lead
the investigator to the possible assailant.

JUDICIAL NOTICE that of the common knowledge of everybody, be it the
court, the public and the 2 parties.

JUDICIAL ADMISSION admission of either party whether oral of written
done in the court.

EXTRA-JUDICIAL ADMISSION admission done outside of court.

Rule 130, Sec 3, (c) numerous entries which resulted to dispute on both
parties. Changing of entries in the contract.

Ex: Two parties A and B entered into a contract regarding the
pawning of a certain parcel of lot owned by A to B. Since A is
illiterate, B manipulated said contract and changed it from Sale in
Facto Delicto to Absolute Deed of Sale. To resolve the issue and
the claims of both parties regarding the genuiness of each
contract, the two witnesses present during the contract signing
and who actually signed the contract as witnesses will be called by
the court to give their testimonies, making their statements as the
best evidence.

TCT Transfer Certificate of Title nobody can force the Registry of
Deeds to produce the original title of land to be presented in
court. Only TCTs will be given by them.

PAROLE EVIDENCE RULE what is written in the contract is what both
parties have agreed upon.

Rule 130, Sec 9 (a) - Intrinsic ambiguity vague, inherent uncertainty
Ex: A contract was entered into by A and B wherein a parcel of lot
located in Antipolo City was sold to B by A worth P100,00.00. Said
contract is of intrinsic ambiguity since it is not specified where in
Antipolo City the lot is located, its boundaries and the owners of the
land adjacent to the lot being sold and other details.

Rule 130, Sec 9 (b) failure to written agreement to express intent
and agreement of the parties thereto.
Ex: A contract was entered into by A and B wherein a parcel of lot
measuring 1 hectare as stipulated in the contract was sold by A to B.
But when inspected and measured, the lot is less than 1 hectare.

Rule 130, Sec 9 (c) validity of contract
Ex: A contract was entered into by A and B. A is 16 years old. If A
breaches said contract, B cant sue A since the contract is invalid.

The law does not allow some presumptions to be disproved, no
matter how strong the evidence to the contrary. It is a
presumption of law that cannot be rebutted by evidence and
must be taken to be the case whatever the evidence to the
contrary. (Conclusive presumption)