Notes in Evidence

Prepared by:
Atty. Esperanza LM. Aggalao-Ticangan

RULE 133 WEIGHT AND SUFFICIENCY OF EVIDENCE

Weight of Evidence

It is the probative value given by the court to particular evidence admitted to

prove a fact in issue.

Credibility of Evidence

Evidence is credible if it is admissible and believable and worthy of belief, such

that it can be used by the courts in deciding a case.

Equipoise Doctrine in the Law of Evidence

The doctrine refers to a situation where the evidence of the parties are evenly
balanced or there is doubt on which side the evidence preponderates. In such case the
decision should be against the party with the burden of proof. 1

In criminal cases, the equipoise rule provides that where the evidence is evenly
balanced, the constitutional presumption of innocence tilts the scales in favor of the
accused.2

Consideration in Determining where the Preponderance of Evidence Lies

1. All the facts and circumstances of the case;
2. The witnesses’ manner of testifying, their intelligence, their means and
opportunity of knowing the facts to which they are testifying;
3. The nature of the facts to which they testify;
4. The probability or improbability of their testimony;
5. Their interest or want of interest, and also
6. their personal credibility so far as the same may legitimately appear upon the
trial; and
7. The court may also consider the number of witnesses, though the preponderance
is not necessarily with the greater number.

Circumstantial Evidence; When Sufficient

Circumstantial evidence is sufficient for conviction if:
(a) There is more than one (1) circumstance;
(b) The facts from which the inferences are derived are proven; and
(c) The combination of all the circumstances is such as to produce a conviction
beyond reasonable doubt. Inferences cannot be based on other inferences.

Determination of Weight of Opinion of Expert Witness

In any case where the opinion of an expert witness is received in evidence, the
court has a wide latitude of discretion in determining the weight to be given to such
opinion, and for that purpose may consider the following:
(a) Whether the opinion is based upon sufficient facts or data;
(b) Whether it is the product of reliable principles and methods;

1
Marubeni Corp. v. Lirag, G.R. No. 130998, Aug. 10, 2001
2
Malana v. People, G.R. No. 173612, Mar. 26, 2008
 Notes in Evidence
Prepared by:
Atty. Esperanza LM. Aggalao-Ticangan

(c) Whether the witness has applied the principles and methods reliably to the
facts of the case; and
(d) Such other factors as the court may deem helpful to make such
determination.

Power of the Court to Stop Further Evidence

The court may stop the introduction of further testimony upon any particular point
when the evidence upon it is already so full that more witnesses to the same point
cannot be reasonably expected to be additionally persuasive. This power shall be
exercised with caution.

Evidence on Motion

When a motion is based on facts not appearing of record, the court may hear the
matter on affidavits or depositions presented by the respective parties, but the court
may direct that the matter be heard wholly or partly on oral testimony or depositions.

This refers to collateral issues or motions based on facts not appearing on record
such as
(i) proof of service by publication
(ii) relief from order of default
(iii) Taking of depositions
(iv) motion for new trial
(v) relief from judgment
(vi) issuance of writ of preliminary injunction