Criminal Jurisprudence Evidence: For evidence to be admissible it

Terms, Definitions, Notes, etc. must be Relevant (RELEVANCY TEST)

See; Revised Rules on Evidence
(Rules 128-134, Rules of Court)

FACTS + PROOF = EVIDENCE

Importance of Evidence: Factual Information
➭ Duty of every law enforcement agency to
provide the prosecution with the materials and
information on the evidence necessary to support a
conviction. Kinds of Evidence:

Note: an accused enjoys the “Presumption of 1. Character Evidence

Innocence” hence, the has the burden to overcome this
presumption by
“Proof beyond reasonable doubt”
‘Presentation of Evidence’
 Evidence aids the judge in the construction of
the chain of events from the conception up to
the consummation of the criminal design.
FACTUM PROBANDUM
๑ Ultimate facts to be proven,
proposition of Law.
Ex: Murder was committed through treachery,
robbery was committed.
FACTUM PROBAN
๑ Evidence (Evidentiary- things should be
proven) facts, addressed questions of
facts.
Ex: Exit wound in front indicates that the
victim was shot at the back destroyed back
indicates force upon things.
EVIDENCE
Note:
1. Rules of evidence shall be the same
in all courts; in all trial and hearing
2. Evidence is admissible when it is
relevant to the issue and is not
excluded by Law (competent)
3. Evidence is relevant if it has
relation to the fact in issue as to
induce belief it is existence or non-
existence.
 Evidence of a person’s moral standing or
personality traits in a community based
on reputation or opinion.
2. Circumstantial Evidence
 The proof from which taken either singly
or collectively, the existence of a particular
fact in dispute may be inferred as
necessary or probable consequences.
3. Competent Evidence
 When it is not excluded by law in a
particular case.
 Obviously evidence by law is incompetent.
4. Conclusive Evidence
 Incontrovertible evidence
 Evidence which the law does not allow to
be contradicted.
5. Corroborative Evidence
 Additional evidence of a different kind and
character tending to prove the same point
as that of previously offered evidence.
6. Cumulative Evidence
 Additional evidence of the same kind
bearing on the same point.
7. Demeanor Evidence
 The behavior of a witness on the witness
stand during trial to be considered by the
Judge on the issue of credibility.
8. Demonstrative Evidence
 That has tangible exampling purpose.
9. Direct Evidence
 Support the truth of an assertion (in Criminal
Law, an assertion of guilt or of innocence) directly, i.e.,
without an intervening inference.
Ex: a witness who testifies that they saw the
defendant shoot the victim - gives Direct Evidence
10. Documentary Evidence
 Those consisting of writing or any material
of written expression offered as proof of its
contents.
11. Expert Evidence
 Testimony of a person.
12. Hearsay Evidence
 Oral testimony or documentary evidence
which does not derive its value from the
credit to be attached to the witness
himself.
13. Immaterial Evidence
 Not directed to prove a fact in issue as
determined by the rules of substantive law
and of pleadings.
14. Inadmissible Evidence
 This is irrelevant to the issue or which is
excluded by the rules of evidence.
15. Incompetent Evidence
 The one who excluded by the law either
on grounds of its immateriality, irrelevancy
and want of credibility or for any other
reason.
16. Irrelevant Evidence
 This has no tendency in reason to
establish the probability or improbability of
a fact issue.
17. Material Evidence
 This is material to the question in
controversy, and must necessarily enter
into consideration of the controversy, and
which by itself or in connection with the
other evidence is determinative of the
case.
18. Negative Evidence
 This denies the controversy of the fact.
19. Object/Real Evidence
 Addressed to the senses of the court
(Sight, Hearing, Smell, Touch, Taste)
 Visible by naked eye are basically object
evidence.
20. Prima Facie Evidence
 This can stand alone to support a
conviction unless rebutted.
21. Primary or Best Evidence
 That which the law regards as affording the
greatest certainty of the fact in question.
22. Positive Evidence
 Evidence which affirm facts in issue.
23. Relevant Evidence
 When it has the tendency in reason to
establish the probability or improbability of
a fact in issue.
24. Secondary Evidence
 That which indicates the existence of a
mere original source of information.
25. Substantial Evidence
 Evidence that proceeds from the personal
knowledge of the witness, simply stated.
 Substantial Evidence is something that a
witness saw, felt or heard.
Ex:
1. Witness heard the perpetrator threaten the victim
2. Witness saw the perpetrator hit the victim
3. Victim felt the perpetrator kick her
26. Testimonial Evidence
 Oral ornaments given in open court by the
witness.
_____________________________________________________________________
Rule 129- What need not be proved
Judicial Notice
 No need to introduce evidence
mandatory
Ex: Existence and territorial extent of
states, political history, forms and
government.
 Discretionary
Collateral Matter
– Matters of public knowledge, matters (Document)
known to judges because of their
 Matters other than the fact in issue in which
judicial functions.
the offender as a basis or inference as to the
Judicial Admission existence of the fact in issue.

 Does not require proof and may ___________________________________________________________________

be contradicted only through. Probative Value
 The tendency of the evidence to establish the
proposition.

Competency Test
 Not excluded by law or the rules
__________________________________________________
Testimonial Knowledge
 A witness can testify only on those
facts which he knows of his own
“FRUIT OF POISONOIUS TREE DOCTRINE”
personal knowledge; that is derived (Exclusionary Rule)
from his own.
Miranda vs. Arizona
Exceptions: Definition: Illegal gain of evidence(s)

1. Police Investigation Report

2. Dying Declaration
PRINCIPLE OF CHAIN OF CUSTODY OF
3. Declaration against Interest EVIDENCE
4. Parts of Res Gestae (The thing itself)

If the evidence is of a type which cannot be

easily recognized or easily tampered, the
Rule 130- Rules of Admissibly
proponent must present evidence of its Chain
Object Evidence of Custody.
 Those addressed to the senses of the
court when an object is relevant to The proponent must show:
the fact in issue, it may be exhibited 1st. The evidence is identified as the
same object taken from the
to, examined or viewed by the
scene.
court. 2nd. It was not tampered with or any
Documentary Evidence alteration can be sufficiently
explained.
 Writings or any material containing
letters, words, numbers, figures,
symbols or other modes of written
expression offered as proof of their
contents.

Rules regarding Documentary

Evidence:

Best Evidence Rule

- When the subject of inquiry is the contents of a
document, no evidence shall be admissible except
the ORIGINAL Document.

Exceptions:
1. When the original is lost, destroyed
or cannot be produced without bad
faith on the offeror.
2. When the original is in the custody
of the party against whom the
evidence is offered and he fails to
produce it despite notice. “When you feel like quitting,
Think about why you started” 