Ona, Tricia Diane P.

BS Criminology IIIA

CLJ 5- Evidence

1. What is the factum probandum?

The day after the basketball game, the petitioners had a conspiracy with their intent
to kill Rolando Bahian. That is the factum probandum in the case.

factum probandum in the case is the injury inflicted unto Bahian.

2. What is the burden of proof?

Burden of proof is use as standard to understand if the person is guilty. The burden
of proof in the case is the following:

a. The admission of Bahian during interview that the injury in his forehead was
caused by accidentally hit in the concrete pavement.
b. The answer of Barangay Captain Yañez during the interview that when he
arrived at the crime scene, he didn’t see the petitioners holding a gun or bolo.
c. The lie statement of Bahain with Dr. Mata so that I could he can be treated.
d. The testimonial statement of three witnesses.
e. Bahian’s medical certificate shows that there is no injury other than what is in his
forehead.

3. Who possessed burden of proof?

It is the prosecution that has the burden of proving the guilt of the petitioners. The
failure of prosecution to prove the guilt is a consequence of acquittal.

4. How the highest tribunal did decided the matter?

The petitioners pleaded not guilty for a criminal charge, frustrated murder, because
the prosecutor failed to prove the guilt of petitioners beyond doubt. Thus, Capistrano
Daayata, Dexter Salisi, and Bregido Malacat, Jr. are acquitted and the amount used for
bail bond was return to them.