Evidence

. PRELIMINARY CONSIDERATION:

A. Importance of the study of Evidence in Law Enforcement:

As an element of our Criminal Justice System, it is the duty of every law enforcement
agencies to provide the prosecution with the materials and information (Evidence)
necessary in order to support conviction.

Every person is entitled to be presumed innocent of a crime or wrong, unless proven

otherwise. This is a prima facie presumption which must be overcome by proof beyond
reasonable doubt.

EVIDENCE defined:

“Evidence is the means, sanctioned by these rules, of ascertaining in a judicial

proceeding the truth respecting a matter of fact.” Section 1, Rule 128 of the Rules of
Court.

Note:

 Evidence is considered not an end in itself but merely as a means of ascertaining

the truth of a matter of fact.
 Litigations cannot be properly resolved by suppositions, or even presumptions,
with no basis in evidence.
 Evidence is required because of the presumption that the court is not aware of the
veracity of the facts involved in a case. It is, therefore, incumbent upon the parties
to prove a fact in issue through the presentation of admissible evidence

B. Connecting the chain of events through Evidence during Trial:

Trial refers to “the examination before a competent tribunal, according to the laws of the
land, of the facts in issue in a cause, for the purposes of determining such issue” (U.S. v.
Raymundo, 14 Phil 416).

Evidence helps in the determination of Questions of Facts by helping the judge

reconstruct the chain of events from the conception up to the consummation of a criminal
design.

C. Factum Probandum and Factum Probans

Factum Probandum – The ultimate facts to be proven. These are the propositions of law.

Examples:
•    murder was committed thru treachery
•    robbery was made through force upon things

Factum Probans – The evidentiary Facts. These addresses questions of fact.

Examples:
•    exit wounds were in front indicating that victim was shot at the back
•    destroyed locks indicative of force upon things

Thus, the outcome of every trial is determined by:

•    Propositions of law, and
•    Questions of fact.