the accused need not even offer evidence in his

Are Collateral Matters behalf, and he would be entitled to an acquittal. 

allowed? What is the Civil Case

exception?
Collateral matters-facts
or matters which are not in
issue.
Under Sec 4 of Rule 128,
Collateral matters are not
allowed, Exception when it
establish the probability or
improbability of the fact in
issue.
What Quantum of proof is
required in the following?
Quantum of proof-
This is a burden of proof
that a party must establish
or refute a disputed factual
issue.
Criminal Case-
Rule 133, Section 2 of the Revised Rules on Evidence
specifies the requisite quantum of evidence in criminal
case must be Proof beyond reasonable doubt. —

In a criminal case, the accused is entitled to an

acquittal, unless his guilt is shown beyond reasonable
doubt.

Proof beyond reasonable doubt does not mean such

a degree of proof, excluding possibility of error,
produces absolute certainly. Moral certainly only is
required, or that degree of proof which produces
conviction in an unprejudiced mind.

An accused has in his favor the presumption of

innocence which the Bill of Rights guarantees. Unless
his guilt is shown beyond reasonable doubt, he must
be acquitted. This reasonable doubt standard is
demanded by the due process clause of the
Constitution which protects the accused from
conviction except upon proof beyond reasonable
doubt of every fact necessary to constitute the crime
with which he is charged. The burden of proof is on
the prosecution, and unless it discharges that burden
Concept of Judicial Notice Expediency- speedy and
expenditious since no more
It is the assumption by a presentation of proofs.
court of a fact without need
of further evidentiary Basis of Doctrine of
support because they Judicial Notice
already know them.
- Doctrine of Judicial
Judicial notice is a rule in the law of evidence that
allows a fact to be introduced into evidence if the truth notice rest on the
of that fact is so notorious or well known
wisdom and discretion
Purpose of Judicial Notice of courts, but must be
exercised with
-it will take the place of CAUTION.
proof which results to the
shortening of the court
proceedings
Requisites of Judicial
Notice
There are 3 requisites to
any judicial notice
- It must be general or
common knowledge
- It must be well and
authoritative settled, not
doubtful and uncertain
- It must be within the
limits of the jurisdiction
of the court.
What are the principle
behind judicial notice?
-Convenience- will become
convenient for both parties
since the proof on facts are
already known to the judge.