Evidence

It is the means, sanctions by these rules, of ascertaining in a judicial proceeding the truth
respecting a matter of fact

Admissibility of evidence- evidence is admissible when it is relevant to the issue and is not excluded by
the law or these rules. Example, original document is a public record party’s custody or control, written
agreement

Testimonial evidence

1. Witness, their qualifications- all persons who can perceive, and perceiving, can make known
their perceptions
2. Disqualified by reason of death or insanity of adverse party

Burden of proof and presumptions

1. It is 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.`

CRIMINAL PROCEDURE

DEFINITION

It has been defined as the rules of law governing the procedures by which crimes are
investigated, prosecuted, adjudicated, and punished.

Due procerss in criminal proceedings

The accused is given an opportunity to be heard and the judgement is rendered only upon
lawful hearing

The principles on voluntary submission maybe summarized:

1. When the accused is unlawfully arrested but he entered a plea on arraignment without invoking
his right to question the legality of his arrest, or he filed a motion to the court seeking
affirmative relief other than to question the court’s jurisdiction over his person.
2. When the accused is unlawfully arrested and he files a motion to quash the complaint or
information, or to quash the warrant of arrest solely question the jurisdication of the court over
his person, the filing of such motion only leads to special appearance, and he has not thereby
voluntarily submitted to the jurisdication of the court.
 3. When the accused is not under the custody of the law, the court does not acquire jurisdiction
over his person

Municipal Trial Court

1. Violation of city or municipal ordinance committed within their respective territorial

jurisdictions
2. All offenses punishable with imprisonment not exceeding six (6) years irrespective of the
amount of fine, and regardless of other imposable accessory or other penalties.
3. Involving damage to property through criminal negligence, they shall have exclusive original
jurisdiction
4. Violation of omnibus election code
5. Cases written defamations