NG CENTE: Ee NO PES ‘Diac “Ciniobogktk Knows? CLE Lecture Series inCriminal Law and Jurisprudence (Revised Rules on Evidence) “No one can hope to have good knowledge of Criminal Law without first mastering the codal provisions.” ~ Luis B. Reyes By Charlemagne James P. Ramos Registered Criminologist “It Is our our moral responsibility to help others achieve their dreams by guiding and inspiring them.” fet Crimincingiat Knows? Chartemegae James >. Ramee SD @@Gnariamagraamentase [Em whet Criminoiogiat Knows? Chartamagne James ?. Ramos |_) ChartemagnajamesRMS@yshoo.com5 ae | | AND I = WA t CRIMINOL " Prologue The stringency of studying law makes the candidates uneasiness aggravate. So one must be prepared and be well equipped before the examination. As the Author believes that “Anxiety among the candidates are relieved only by being prompt and prepared.” the Author devised a way and conceptualized this work as a Reviewer-friendly that presents effective strategies for easy understanding, application and recollection. Previous board questions that call for controversial answers are incorporated and are discussed herein to acquaint the candidates with the question asked in the past. Charlemagne James P. Ramos, Makati City What Criminlogist Knows? ‘Charlemagne James P Ramos “it ls our our moral responsibility to help others achieve thelr dreams by guiding and inspiring them.” Se a rn cca neeemnnes somes >: memes (2) Courlamageqiamsenitem@yabes.comPRELIMINARY CONSIDERATION The importance of the Study of Revised Rules on Evidence in Criminal Justice Education. “It Is our our moral responsibility to help others achieve their dreams by guiding and inspiring them.” “f. Whet Crimineingiat Knows? Chertemepne James >. Ramee SS (2Gharinmagnnjamentnse [ED whet Criminoiogiat Knows? Chartamagne James 7. Ramos |_) ChartemagnajamesRUS@yshoo.comRevised R Rules on Evidence “if it doesn't fit gu must acg it” . al EH Bf iturder “itis our our moral responsibilty to help others achieve their dreams by guiding and inspiring them.” oe nr on Saeemnees somes >: memes (2) Courtamaganiemsaiaem@yahes.com ore See otAbout the Author CHARLEMAGNE JAMES P. RAMOS obtained his Bachelor of Science in Criminology from Sumulong College of Arts and Sciences College of Criminal Justice Education in 2013 and subsequently passed the October 2013 Criminologist Licensure Examination with the rating of 88.05. At the young age he became a former professor at the same school and a national! lecturer to various review centers in the Philippines. His passion in teaching lead him to do writings and a vast of opus and treatise that would help the candidates of the Licensure Examination. Aside from writing and teaching at his own coaching sessions he is also currently completing his degree i Juris Doctor at the Polytechnic University of the Philippines College of Law. The experience he: gained for being a lecturer and striker in every session of the Criminoogist Licensure Examination makes him specialized in training Candidates of the Criminology Licensure Examination evidence are the Registered Criminologist of various schools he had produced in the first row of years in the practice as a Criminologist. Sit, CharlemagneJames P. Ramos Criminologist / WCK Review Director / Writer / Author / Academician “It Is our our moral responsibility to help others achieve their dreams by guiding and inspiring them.” fet Crimineingiet Knows? Chartemegne James. Ramee SS (bGhariamagnrajamensase lam ims Grammratostot nemo? Cnartomegne somes >. Ammen \-) Cherlomapnajameshals@yehee.comIIs ILOGisYT ECNows®@ COVERAGE Relevancy; Collateral Matters Electronic Data Messages ‘What Need Mot be Proved > Relation of Rule on (Rule 125) Electronie Evidence + Concept of Judicial Notice > Admissibility of Testimonial + Mandatory and Discretionary Evidence + Introduction + Rulesof Admissibility (Rule + Significance of the Study 130) + Evidence in General + Admissibiity of Object + Kinds of Evidence (Real) Evidence + Genaral Provisions [Rule 128) > Admissibility of + Delinition of Evidence Documentary Evidence + Scope ‘+ Written Instruments + Admissitonity + Electronic Documents and Judicial Notice + Burden ofProof and + Necessity of Hearing Presumptions (Rule 131) + Judicial Admissfons: + Definition and Concept of Burden of Proof + Definition and Concept of Presumptions Presentation of Evidence (Rule 132) Examination of Witnesses Rights and Obligations of Witness (Order of Examination of Wienesses Kinds of Questions, Prapounded toa Witness Impeachment of Witnesses Necessity of Exclusion and Separation of Witnesses Reference to ‘Memorandum ‘Authentication and Proof ‘of Documents Offer and bjestion Weight and Sufficieney of Evidence (Rule 133) Weight and Sufficiency of Evidence What Crininlogi Khows? ‘Charlemagne James P Ramos Perpetuntion of Testimony {Rule 134) Concept of Perpetuation of Teaimony Purpose of Perpetiation of Testimony. Manner of Perpatuation of Testimony Deposition: Critique of the study Analysis by thestudent of the Rules on Evidence and how Re affacts the disposition of cases inthe: Philippines Determination bythe. ‘dudents of the flawsand Imperfections of the Philippine Law on Evidence and their recommendation of ‘solutions to faciftate the Judicial process It is our our moral responsibility to help others achieve their dreams by guiding and inspiring them.’ fet Crimineingiat Knows? Chartemepae James >. Ramee "SE @pGnarinmagoatamentnse lam im Gramratostot news? Cnartomegne somes P. Ammen \-) CherlomapnajameshalS@yehee.cosmThe RIGHT TO BE PRESUMED INNOCENT or the PRESUMPTION of INNOCENCE (Art. II Sec. 14 Phil. Constitution), That every person is entitled to be presumed innocent of a crime or wrong, unless proven otherwise. The Constitution does not prohibit the legislature from providing that proof of certain facts leads to a prima facie presumption of guilt, provided that the facts proved have a reasonable connection to the ultimate fact presumed. Presumption of guilt should not be conclusive hence, Presumption of innocence is a disputable presumption (juris tantum) which means it is a prima facie presumption which must be overcome by proof beyond reasonable doubt. What Criminlogist Kove? ‘Charlemagne James P Ramos “itis our our moral responsibilty to help others achieve their dreams by guiding and inspiring them.” ee a rn rca eneeemcees somes 0: memes (2) Courtemaganiamsenaemyahes-comThe RIGHT TO DUE PROCESS OF LAW and the EQUAL PROTECTION OF LAW (Art. Il Sec, 14 Phil, Constitution). Due Process of Law This means that the accused can only be convicted by a tribunal which is required to comply with the stringent requirements of the rules of criminal procedure. Aspects of “Due Process”; Procedural due process —refers to the mode of procedure which government agencies must follow in the enforcement and application of laws, Substantive due process — prohibition against arbitrary laws. What Criminlogist Knows? ‘Charlemagne James P Ramos “it ls our our moral responsibility to help others achieve thelr dreams by guiding and Inspiring them.” ee an crowns cnmeemanes somes >: memes (2) CourlamageniemscRinem@yahes.comThe RIGHT TO DUE PROCESS OF LAW and the EQUAL PROTECTION OF LAW (Art. Il Sec, 14 Phil, Constitution). PROCEDURAL DUE PROCESS: + A law which hears before it condemns. * Due process of law contemplates notice and opportunity to be heard before judgment is rendered affecting one’s person or property (Lopez v. Dir, of Lands) * Due process depends on circumstances; it varies with the subject matter and the necessities of the situation. Equal Protection of the law The equality that it guarantees is legal equality or the equality of all persons/before the law. It does not demand absolute equality. It merely requires that all persons shall be treated alike, under like circumstances and conditions both as to privileges conferred and liabilities enforced. What Crimiclogist Kove? ‘Charlemagne James P Ramos “it ls our our moral responsibilty to help others achieve thelr dreams by guiding and inspiring them.” ra ns Saecmcees samen os memes () Courtemageniemeanaem@yahes.comThe RIGHT TO DUE PROCESS OF LAW and the EQUAL PROTECTION OF LAW (Art. Il Sec, 14 Phil, Constitution). PROCEDURAL DUE PROCESS: + A law which hears before it condemns. * Due process of law contemplates notice and opportunity to be heard before judgment is rendered affecting one’s person or property (Lopez v. Dir, of Lands) * Due process depends on circumstances; it varies with the subject matter and the necessities of the situation. Equal Protection of the law The equality that it guarantees is legal equality or the equality of all persons/before the law. It does not demand absolute equality. It merely requires that all persons shall be treated alike, under like circumstances and conditions both as to privileges conferred and liabilities enforced. What Crimiclogist Kove? ‘Charlemagne James P Ramos “it ls our our moral responsibilty to help others achieve thelr dreams by guiding and inspiring them.” ra ns Saecmcees samen os memes () Courtemageniemeanaem@yahes.comThe DUTY OF THE LAW ENFORCEMENT PILLAR. It is the duty of the Law Enforcement Pillar to provide the prosecution with the Evidence necessary in order to support conviction and overcome the presumption of innocence. Establishing the CHAIN OF CUSTODY is to guaranty the integrity of the physical evidence and to prevent the introduction of evidence which is not authentic (Lester v. State, 82 Md App 391, 571 A2d 897 cited in 29A Am Jur 2d, Evidence, 946). Chain of custody means the presenter of an object evidence may be fequired to prove its:chain of custody that is the people who took charged thereof from its recovery to presentation in court so that it may the process of authentication. If the object evidence is easy to identify, mere testimony of witness is sufficient. “it ls our our moral responsibility to help others achieve thelr dreams by guiding and inspiring them.” Barn ae Saceemnts samen os names (i) Courtamaganiemeaniaemyabes.comCe] pe EBay 5 The DUTY OF THE LAW ENFORCEMENT PILLAR. Gathering of evidence In Police Parlance, evidence collected are called as Physical evidence. Evidence collected while conducting investigation is either DIRECT or CIRCUMSTANTIAL (INDIRECT). In order to determine whether the evidence collected is OBJECT, DOCUMENTARY, or TESTIMONIAL etc. there is a need first for a FORMAL OFFER of evidence. owe? ‘Charlemagne a amo “it ls our our moral responsibilty to help others achieve thelr dreams by guiding and Inspiring them.” ee rn roe nmeemcnes somes >: memes (2) Curtamageniemsaine@yahes.comThe DUTY OF THE PROSECUTION PILLAR. It is the duty of the prosecution pillar to prove all matters in criminal cases beyond reasonable doubt in order to justify a conviction. “it ls our our moral responsibilty to help others achieve thelr dreams by guiding and Inspiring them.” ee arn crowns cnmeemcnes somes >: names (2) CourlamagnaiemsaRinem@yabes-comThe DUTY OF THE COURT PILLAR. The accused is entitled to IMPARTIAL TRIAL a “cold neutrality ofan impartial judge” as an element of due process. 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. ‘What Criminlogist Kove? ‘Charlemagne James P Ramos “It Is our our moral responsibility to help others achieve their dreams by guiding and inspiring them.” f. Whet Crimineingiet Knewa? Chertemegne James >. Ramee SD (2Gharinmagnajamennnse ae mn Gramratostat news? Cnartomegne somes >, amen \) CharlomapnajameshalS@yehes.comGENERAL PROVISIONS “it ls our our moral responsibility to help others achieve thelr dreams by guiding and Inspiring them.” ee an crowns cnmemcnes somes >: memes (2) Churlamageniemsenine@yabes.comEvidence Define * Evidence is the means, sanctioned by these rules, of ascertaining in a judicial proceeding the truth respecting a matter of fact. (Rule 128, Sec. 1) *In its broadest sense, refers to “any matter of fact, the effect, tendency or design of which is to produce in the mind a persuasive affirmative or disaffirmative of the existence of some other matter of fact. (ones an Evidence, Vol. 1, 4th ed.) What Criminlogit Kos? ‘Charlemagne James P Ramos “feet Criminetagiat Knows? Chariemapne lo See eeereticics nia cnatomceoy somes A ames, [) Coetamegagamestaaigipabee.seat “it ls our our moral responsibilty to help others achieve thelr dreams by guiding and Inspiring them.”EVIDENCE IS A MEANS OF ASCERTAINMENT Evidence Evidence is a means to arrive at a legal conclusion, it is only an instrument of proof, Under the Revised Rules of Court, evidence is defined as “the means, sanctioned by the rules, for ascertainmentina judicial proceeding, the truth, respecting a matter of fact”. There is proof only because of evidence. It is merely the probative effect of evidence and is the conviction or persuasion of the mind resulting from a consideration of the evidence. (29 Am Jur 2d, Evidence, Sec. 2) What Criminlogist Kove? ‘Charlemagne James P Ramos “it ls our our moral responsibilty to help others achieve thelr dreams by guiding and inspiring them.” oe wm crecercsosies tare? Comtemegne sommes >: Reman ) CoestemagasjementasGyehee sessproceeding the truth respecting a matter of fact (emphasis supp! EVIDENCE IS A MEANS OF ASCERTAINMENT Proof The result of introducing evidence. The establishment of a requisite degree of belief in the mind of the judge as to the facts in issue. It tefers to the accumulation of evidence sufficient to persuade the trial court. owe? Charlemagne James P Ramos “it ls our our moral responsibilty to help others achieve thelr dreams by guiding and inspiring them.” Se a ain crowns cnmvemcnes somes #: names (2) Courlamageajamsanaem@yahes-comsanctioned by these rules, of ascertaini he truth respecting a matter of fact (emphasis supp! Burden of Evidence (ONUS EVIDENTIAE) The duty of a party of going forward with evidence to overthrow the prima facie evidence against him (Bautista v. Sarmiento, 138 SCRA 587). Quantum of Evidence The totality of evidence presented for consideration, a mere allegation is not evidence, and he who alleges has the burden of proving his allegation with the requisite quantum of evidence (Clado-Reyes vs, Limpe, G.R. no. 163876, July 9, 2008). “it ls our our moral responsibility to help others achieve their dreams by guiding and inspiring them.” oe a nn Saecmcees somes >: memes () CourtemageniemseRine@yabes.comi * ND | CR LMLN OL V Ie esa ek A eee eer ee proceeding the truth respecting a matter of fact (emphasis supplied), HE WHO ALLEGES MUST PROVE WHAT IS ALLEGED Burden of proof (ONUS PROBANDI) Refers to the obligation of a party to the litigation to persuade the court that he is entitled to relief. The duty of the affirmative to prove that which italleges. Burden of proof is the duty of a party to present eviclence on the facts in issue necessary to establish his claim or defense by the amount of evidence required by law. (Rule 131, Sec. 1) It means that the obligation is imposed upon a party who alleges the existence if a fact or thing Necessary in the prosecution or defense of an action to establish it by proof. (Francisco) The burden of proof lies with the party who asserts his/her right. Ina counterclaim; the burden of proving the existence of the claim lies with the defendant. (Ogawav, Menigishi, 676 SCRA 14, 21, July 9, 2012) Quantum of Proof Refers to the degree of proof required in order to arrive at a conclusion. ‘Wat Crimiclogist Knows? ‘Charlemagne James P Ramos “it ls our our moral responsibilty to help others achieve thelr dreams by guiding and inspiring them.” Se a rn cco cnmeemanes somes 0: memes (2) CourtemapaniemsaRiaem@yahes.comry a 5 Taleb A ten] tgre ll 4 PUR nets ee ulema ee ciel sl) DEGREES OF PROOF BASED ON TYPE OF ACTION [TYPEOFACTION| Criminal! Action | civilAetion | Administrative!Action Rolle Proof beyond Preponderance of Sufficiency of rar Chara) reasonable doubt evidence evidence/substantial evidence Amount of relevant evidence which a reasonable mind might accept as adequate to justify a conclusion. Degree of proof Evidence of which produces greater weight or conviction than more convincing unprejudiced mind. than that which is offered to refute it. eWrtns Proof What Criminlogit Knows? ‘Charlemagne James P Ramos “it ls our our moral responsibilty to help others achieve their dreams by guiding and inspiring them.” “f_ Wel Criminelngios neue? Chartamapae Jame SCnarinmagnasamennnte Ee nw commerosees noes? Gnertomapne somes >: ames (_) Cnariomapenjemestts@yahee seatsanctioned by these rules, of ascertaining in a judicial en okt} Pes rate Bema clee (un eet si) 8 PROOF VS. EVIDENCE PROOF BEES Biel ee Ss RESULT OR EFFECT OF EVIDENCE (REGALADO) DDE AND MANNER OF PROVING COMPETENT FACTS IN JUDICIAL PROCEEDINGS : LUCERO, 81 PHIL 640 BURDEN OF PROOF BURDEN OF EVIDENCE PSI eae 97.0 eMR TS THE NECESSITY OF GOING FORWARD WITH THE ARISES, WHETHER CIVILOR CRIMINAL ‘What Crminclogist Knows? ‘Charlemagne James P Ramos “itis our our moral responsibilty to help others achleve ther dreams by guiding and Inspiring them.” “f Wat Criminaiogiat Knows? Chariamagne Jamon le time coamtategies aewe? cnartomeges somes #. Aamee (2) ChartomegaajemeshattGivehes.c000Concept of Evidence EVIDENCE SHOULD BE SANCTIONED BY THE RULES OF COURT An evidence which is sanctioned by the rules is a Competent Evidence. Evidence which is sanctioned by the rules is also considered as not excluded by the rules, statute or constitution or on relevancy and admissibility What Criminlogist Knows? ‘Charlemagne James P Ramos “itis our our moral responsibility to help others achieve thelr dreams by guiding and inspiring them.” “Wheel Criminelngia¢ Hnsere? Chartemapae omee 7 Poharinmagnajamenstnee Ee tne commennsens noowe? Gnartomapne James >: ames () Cnariemepanjemeatts@yahes coatConcept of Evidence Test of Competence * Evidence not excluded by: * Law, or. * The Revised of Court [Rule 128, Sec. 3] Determined by the prevailing exclusionary rules of evidence (Regalado), * Exclusionary rules of evidence by law are either constitutional or statutory. * Rule 130 of the Rules of Court is the applicable rule in determining the admissibility of evidence (please see discussion on Kinds of Admissibility) ‘What Criminlogist Knows? ‘Charlemagne James P Ramos “it ls our our moral responsibilty to help others achieve thelr dreams by guiding and Inspiring them.” “Whe! Criminelngio< Hnsare? Chartamapae James! 7 2Charinmagnaamensnse Ee tines commenesens Hoos? Gnertomagne somes >: names () Cnariomepanjemeatats@yahee seatPRINCIPLES OF EVIDENCE Evidence which are SANCTIONED BY THE RULES: * PLAIN VIEW RULE ¢ SILVER PLATTER RULE Evidence which are EXCLUDED BY THE RULES: * EXCLUSIONARY RULE * FRUIT OF THE POISONOUS TREE logit ‘Charlemagne James P Ramos “it ls our our moral responsibility to help others achieve thelr dreams by guiding and Inspiring them.” “fel Criminelngio« Hnsare? Chartamapae James 7 P2oharinmagnaamensnee Ee mes commerasens noes? Gnertamegne somes >: names (_) Cnariemapenjemeatats@yahee.ceatPRINCIPLES OF EVIDENCE Evidence which are SANCTIONED BY THE RULES: PLAIN VIEW RULE Under this doctrine UNLAWFUL OBJECTS WITHIN THE PLAIN VIEW of an officer who has the right to be in the position to have that view ARE SUBJECT TO CONFISCATION AND ARE ADMISSIBLE IN EVIDENCE. The doctrine is usually applied where a police officer is not searching for evidence against the accused, but nonetheless INADVERTENTLY COMES ACROSS AN INCRIMINATING. OBJECT. Even if an object isin plain wiew, before it can be seized Without a SEARCH its incriminating nature must first be apparent. Where police officers are on the premises pursuant to a valid consent to a search, an item falling into their plain view may properly be seized even ifthe item is not connected with their purpose in entering. ‘What Crimilagist Kove? ‘Charlemagne James P Ramos “it ls our our moral responsibility to help others achieve thelr dreams by guiding and inspiring them.” “f_ thel Criminelngiot Hnsure? Chartamapae Jamee © 2oharinmagnnjamentnee li mer commeresers Hoowe? Gnertemagne somes >: ames () Caariomepanemestuas@yabee seatPRINCIPLES OF EVIDENCE Evidence which are SANCTIONED BY THE RULES: PLAIN VIEW RULE Requisites: (Acronym PA.) * A prior vatid intrusion i,e.,, based on the Walid warrantless arrest in which the’ police are legally present in the pursuit of their official duties; + Evidence was inadvertently discovered by the police who have a right to be where they are; * Evidence must be immediately apparently illegal (i.e., drug paraphernalia); * Plain view justified mere seizure of evidence without further search. (People v. Valdez, 1999, People v. Salanguit, 2001) Umitations: * It may not be used to launch unbridled searches and indiscriminate seizures, * Does not extend to a general exploratory search made solely to find evidence of defendant's guilt. (People v. Musa, 1993) ‘What Criminlagist Krewe? ‘Charlemagne James P Ramos “it ls our our moral responsibilty to help others achieve thelr dreams by guiding and inspiring them.” “fel Criminelngios Hnsure? Chartemapa Jame 7 2oharinmagnnjamentnee E> mes commeresens Hoowre? Gnertemapee somes >: ames () Cnariomepanjemesmuss@yabes ceaConcept of Evidence PRINCIPLES OF EVIDENCE Evidence which are SANCTIONED BY THE RULES: SILVER PLATTER RULE The doctrine, NOW DISCREDITED (no longer followed), thatallowed evidence seized by state officers in an illegal search and seizure'to be used against the accused in a criminal trial. ‘What Criminlogist Knows? ‘Charlemagne James P Ramos “it ls our our moral responsibility to help others achieve thelr dreams by guiding and Inspiring them.” “hel Criminelngios Hnsere? Chartamapae Jame 7 P2Charinmagnajamentnee Ei nes commennsees noes? Gnertomegne somes >: names () Cnariomapanjemeatats@yahee.ceatPRINCIPLES OF EVIDENCE Evidence which are EXCLUDED BY THE RULES: EXCLUSIONARY RULE A rule of evidence that excludes evidence obtained ina violation of one’s constitutional rights or obtained throug gal means, suchas those obtained by tortures and the like. What Criminlogist Knows? ‘Charlemagne James P Ramos “it ls our our moral responsibility to help others achieve thelr dreams by guiding and inspiring them.” “Whol Crimineingiat Hnsere? Chartemapae James © 2oharinmagnajamensnee Ei nes commanasens noose? Gnertomanne somes >: ames () Cnariomapanjemeatts@yahee seatPRINCIPLES OF EVIDENCE Evidence which are EXCLUDED BY THE RULES: EXCLUSIONARY RULE Examples: + Unreasonable searches and seizures; privacy of communication and correspondence. (Secs, 2- 3, Art. ill) + Miranda Rights: right to counsel, prohibition of torture, force, violence, threat, intimidation or other means which vitiate the free will: prohibition of secret detention piaces, solitary, incommunicado, tSec. £2, Art. lif) + Any communication obtained by a person, not being authorized by all the parties to any private communication, by tapping any wire/cable or using any_other device/arrangement to secretly overhear/intercept/recard such, information by using any device, shall not be admissible in evidence in any —_judicial/quasijudicial/ legisiative/administrative hearing = or investigation, (Secs. 1and4, R.A. 4200) * The Rules an Electronic Evidence applies only to civil actions, quasi-judicial: proceedings and administrative proceeding, not to criminal ‘action. + Hearsay Evidence + Coerced extra-judicial confession What Crininlogit Khaw? ‘Charlemagne James P Ramos “f Winat Criminaiogiat Knows? Chariamegne James “itis our our moral responsibilty fo help others achleve thelr creams by guiding and Inspiring them, oy ar centers moves comarnce=y somes Oc macees, (2) OuatamagaquareataaOgipabes.seaeWet Cr PRINCIPLES OF EVIDENCE Evidence which are EXCLUDED BY THE RULES: FRUIT OF THE POISONOUS TREE This doctrine states that ones the primary source “the tree” is shown to have been obtained unlawfully, any derivative evidence, “the fruit” derived from it {meanis the tree) is LIKEWISE NOT ADMISSIBLE. Thus, evidence illegally obtained by the state should not be used to gain other evidence because the illegally obtained evidence taints all evidence subsequently obtained. Examples; Evidence obtained without a valid search warrant. Planted evidence. What Criminlogist Krewe? ‘Charlemagne James P Ramos “It Is our our moral responsibility to help others achieve their dreams by guiding and inspiring them.” “fel Criminetagios Knewe? Chartamagac James ?. Ramee S! @Gnariamagnajamennne am im Gramimetostot newe? Cnartomegne somes P, Ramen \-) CharlomapaajameshalS@yehes.commConcept of Evidence RULES ON EVIDENCE AS PART OF THE RULES OF COURT The rules of evidence applies only to judicial proceedings. As part of the Rules of Court, the rules on evidence applies only to JUDICIAL PROCEEDINGS. It does not apply to administrative or quasi-judicial proceedings as administrative bodies are not bound by the technical niceties of the rules obtaining in the court of law, (El Greco Ship Maning and. Management Corporation vs Commissioner of Customs, G.R. No. 177188, December 4, 2008) What Crininlogit Kw? ‘Charlemagne James P Ramos “itis our our moral responsibility to help others achieve thelr dreams by guiding and inspiring them.” “f_ Wet Crimineingiat Knesre? Ohartemagne James SCnarinmagnasamennnte E> nes commmeresens Roowre? Gnertomapne somes >: ames () Caariemepaniemestas@yabes seatCc i TH! WHAT CRIMINOLOG r kLNows Concept of Evidence RULES ON EVIDENCE AS PART OF THE RULES OF COURT HEIRARCHY OF COURTS Rules of Court, Rule 4, Sec. Sec 4. ln what cases not applicable — these rules shall not apply to election Masicipal Tri Cvuet jdeati eras Ses ee cases, land registration, cadastral, eterna naturalization and insolvency. proceedings, and other cases not herein " provided for, EXCEPT by analogy orin [__ Metrmnatian Triat Cases | suppletory character and whenever { practicable and convenient. What Crininlogit Khows? ‘Charlemagne James P Ramos (Weld Create come | Shares Comets | “it ls our our moral responsibility to help others achieve thelr dreams by guiding and Inspiring them.” “f. Whet Crimincingiat nese? Ohartamegae samen Sonariemannaiamen rate E> times commanesens noowe? Gnartomegne somes >: names (-) Cnariomapanjemestats@yahee seatConcept of Evidence Pa ee omit el ey a a ee reete UT a eR el Plelesssli respecting a matter of fact (emphasis supplied). ASCERTAINING THE TRUTH Truth as the purpose of evidence. Litigations cannot be properly resolved by suppositions, or even presumptions, with no basis in evidence. The truth must have to be determined by the rules for admissibility and proof (Lagon v. Hooven Comalco Industries, Inc., 349 SCRA 363), The truth referred to in the definition is NOT NECESSARILY THE ACTUAL TRUTH but one aptly referred to.as THE JUDICIAL OR THE LEGAL TRUTH (Riano). What Criminclogit Khaw ‘Charlemagne J “itis our our moral responsibility to help others achieve thelr dreams by guiding and inspiring them.” an a Saemcees somes >: memes (2) Courtamageniamscsnem@yabes.comASCERTAINING THE TRUTH The Judicial or the Legal Truth. For instance, Alden stab Cardo, the evidence presented and offered points to Yayadub as the one who stabs Cardo. Then the Judicial or Legal Truth is that it was Yayadub and not Alden who stab Cardo. What Criminlogist Knows? ‘Charlemagne James P Ramos “it ls our our moral responsibilty to help others achieve thelr dreams by guiding and Inspiring them.” “fet Crimineingiat nese? Ohartamegae James SCnariemannalamensate E> mes commarnsens noes? Gnertomagne somes >: names (-) Cnariomapanjemestts@yahee seatEVIDENCE IS THE MEANS OF PROVING A FACT Outcome of trial as determined by Question of fact. There is a need for the introduction of evidence when the court has to resolve a question of fact, Where no factual issue exists ina case, there is no need to present evidence (Riano). Outcome of trial as determined by Question of law. Where the case presents a question of law, such question is resolved by the mere application of the relevant statutes or rules of this jurisdiction to which no evidence is required (Riano). What Criminlogit Kho? ‘Charlemagne James P Ramos “it ls our our moral responsibilty to help others achieve their dreams by guiding and inspiring them.” “f. Wet Crimineingiat Knesre? Ohartemegne samen © @Charinmagnajamentnte Ee mw commerosees noes? Gnertomepne James >: ames (_) Cnariomapenjemeatats@yahee seatConcept of Evidence ee hme OMe rete LT ae Wel ac Rt eee a eesens EVIDENCE IS THE MEANS OF PROVING A FACT EVIDENCE SIGNIFIES A RELATIONSHIP BETWEEN TWO FACTS FACTUM PROBANDUM The ULTIMATE FACTS to be proven. These are the propositions of law {Question of law). The fact in which is in issue and to which the evidence is directed. The FACT TO BE PROVED OR PROPOSITION TO BE ESTABLISHEd. Factum Probandum does not include matters of JUDICIAL NOTICE, CONCLUSIVE PRESUMPTIONS AND JUDICIAL ADMISSIONS as these matters need not be established or proven. ‘What Crininlogit hows? ‘Charlemagne James P Ramos “it ls our our moral responsibility to help others achieve their dreams by guiding and inspiring them.” “fel Criminetngiot Mneure? Chartamapae Jame SCnarinmagnasamennnte Ee nw commeresens noes? Gnertomegne somes >: ames (_) Cnariomapenjemeatts@yahee seatConcept of Evidence eee Mm ae Oeste Tae Wel ac Meek eee en eet EVIDENCE IS THE MEANS OF PROVING A FACT EVIDENCE SIGNIFIES A RELATIONSHIP BETWEEN TWO FACTS FACTUM PROBANS The EVIDENTIARY FACTS. These addresses Questions of fact. This are the probative or evidentiary fact tending to prove the fact in issue. This are the facts or material evidencing the fact or propositions to be established. What Criminlogist Knows? ‘Charlemagne James P Ramos “it ls our our moral responsibility to help others achieve thelr dreams by guiding and Inspiring them.” “f._ Wet Crimineingiat Kneare? Ohartamegne Jamon SCnariemannaiamen sate Eo tne commanasens Hoowre? Gnertomepne somes >: ames () Cnariemapanjemestats@yahee seatFACTUM PROBANDUM For instance, the Factum Probandum includes all matters that the prosecution must prove beyond reasonable doubt in order to justify a conviction, in a criminal case, for example in homicide the matters to be prove beyond reasonable doubt are: * That the person was killed; * That the accused killed him without any justifying circumstances; * That the accused had the intention to kill; which is presumed; *That the killing was not attended by any of the qualifying circumstances of murder, or by that of parricide or infanticide. What Criminlogist Knows? ‘Charlemagne James P Ramos “it ls our our moral responsibility to help others achieve thelr dreams by guiding and Inspiring them.” “f._ Whet Crimineingiat Knesre? Ohartamegne James Sonariemannaiamensate Eo tines commenasens noowe? Gnertomegne somes >: names () Cnariemepanjemestats@yahee seatFACTUM PROBANS This are the facts or material evidencing the fact or propositions to be established, example in case of homicide: * Presence of a corpse (except in cases that there is no corpse recover. It could be proven by the use of circumstantial evidence); * Absence of defense wounds; * Use of firearm in killing; * Absence of any qualifying circumstances (i.e. in case of shooting there were no Exit wounds found in the back of the body, there is no relationship between the accused and the victim etc.). 1 Crminclogit Knows? ‘Charlemagne James P Ramos “it ls our our moral responsibilty to help others achieve thelr dreams by guiding and Inspiring them.” “f. Whet Crimineingiat Kneare? Chartamegne samen Sonariemannaiamen rate E> mes commennsens Hoows? Gnartemegne somes >: ames (-) Cnariomapanjemestts@yahee seatWeight and Sufficiency of Evidence “it ls our our moral responsibility to help others achieve thelr dreams by guiding and Inspiring them.” ee an crowns cnmemcnes somes >: memes (2) Churlamageniemsenine@yabes.com. eS Sa a a5 Weight and Sufficiency of Evidence Proof beyond reasonable doubt Ina 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 as, excluding possibility of error, produces absolute certainty. MORAL CERTAINTY only is required, or that degree of proof which produces conviction in an unprejudiced mind. (Sec. 2, Rule 133) Wat Cri wt? ‘Charlemagne a amoe “it ls our our moral responsibility to help others achieve thelr dreams by guiding and Inspiring them.” ee rn rows cnmeemenes somes >: memes (2) Courlamageniemseine@yabes.comWeight and Sufficiency of Evidence Preponderance of evidence In CIVIL CASES, the party having the burden of proof must establish his case by a preponderance of evidence. |n determining where the preponderance or superior weight of evidence on the issues involved lies, the court may consider all the facts and circumstances of the case, the witnesses’ manner of testifying, their intelligence, their means and opportunity of knowing the facts to which they are testifying, the nature of the facts to which they testify, the probability or improbability of their testimony, their interest or want of interest, and also their personal credibility so far as the same may legitimately appear upon the trial. The court may also consider the number of witnesses, though the preponderance is NOT NECESSARILY with the greater number. ‘hat Criminlogist Knows? ‘Charlemagne James P Ramos “it ls our our moral responsibility to help others achieve thelr dreams by guiding and inspiring them.” “f_ What Crimineiogiat Knows? Chariamagne James -. Ramee [ER whet Criminoiogiat Knows? Chartamagne James ?. Ramos |_) ChartemegnajamesRMS@yshoo.comWeight and Sufficiency of Evidence Substantial evidence In cases tiled before ADMINISTRATIVE OR QUASI-JUDICIAL BODIES, a fact maybe deemed established if it is supported by substantial evidence, or that amount of relevant evidence which a reasonable mind might accept as adequate to justify a conclusion. “it ls our our moral responsibility to help others achieve thelr dreams by guiding and Inspiring them.” “f. Whet Crimineingiat Knewe? Ohartamegae samen SCnariemannalamensate E> tines commeresens noowrs? Gnartomepne somes >: names () Caariemepaniemeatuts@yahes seatAdmissibility of Evidence Evidence is admissible when it is RELEVANT TO THE ISSUE (Relevancy test) and is NOT EXCLUDED BY THE LAW OR THESE RULES (Competency test). (Sec. 3, Rule 128) There must be a FORMAL OFFER to determine the relevancy of any item of proof, the purpose for which it is sought to be introduced must first be known. Illegally obtained evidence cannot be admitted for the reason that they are the “fruit of poisonous tree”. i.e. evidence obtained without search warrant. As to the objection of evidence, this will answer the “two kinds of objection” if the evidence is relevant to the issue and if it is excluded by the rules. Whether or not the factual information tendered for evaluation of the trial court would be helpful in the determination of the factual issue that is disputed will What Criminclogist Khaw ‘Charlemagne James P Ramos “itis our our moral responsibilty to help others achieve thelr dreams by guiding and Inspiring them.” ara nt Saceemnees samen os memes () Courtamagegiamsasaem@yahes-comAdmissibility of Evidence DETERMINE ITS RELEVANCY. Evidence is relevant when it has a relation to the fact in issue as to induce belief in its existence, or non-existence In other words, evidence is relevant when it is material, and has probative value. It has probative value when it has the tendency to establish the proposition that it is offered to prove. “it ls our our moral responsibilty to help others achieve thelr dreams by guiding and Inspiring them.” ee nan crcess cnmeemcees somes >: memes (2) Courlamageniemsaine@yabes-comreno ened Ua enced tees ages OF EVIDENCE EVIDENCE ube tes Sram eng DEC ett eer eal ed ea ALC Le ie (Tile ate a Seema IN everest teriieri ar tater Tea Comelts ty a bale Se eC ASR eterna ipl lf eh ee eS oe PCC Ruri NS eet eRe eo Ue a ead DoCS ecu Rees PEN ae Rome cara nia vere ati the trial. Ota una ta) uci e cter esi) ‘the admission of the earlier inadmissible evidence. [Adams v. eT ea a ee AY ed ie) “itis our our moral responsibilty to help others achieve thelr dreams by guiding and inspiring them. ee Sain crowns cnceemenes somes >: memes (2) CourlamageajemseRinem@yabes comRelevancy of evidence Evidence must have such a relation to the fact in issue as to induce belief in its existence or non-existence. Evidence on COLLATERAL MATTERS shall not be allowed, EXCEPT when it tends in any reasonable degree to establish the probability or improbability of the fact in issue. (Sec. 4, Rule 128) For instance, the amount of $258,02 seized from Ball and was presented as evidence against him. The money is not relevant to prove the robbery because it was not identified by the jewelry store as the money coming from the store: further, there was no proof that it was taken from the jewelry store. (State vs. Ball, 339 S:W2d 783, 1960) “it ls our our moral responsibilty to help others achieve thelr dreams by guiding and inspiring them.” oe a an crowns cnmeemenes somes >: names (2) Courlamageqiemscine@yahes-comRelevance of evidence and collateral matters Under the Rules of Court, a COLLATERAL MATTER MAY BE ADMITTED if it tends in any reasonable degree to establish the PROBABILITY OR IMPROBABILITY of the fact in issue. (Sec. 4, Rule 128) For instance, Heesen presented testimony regarding the general reputation of the other firearms company using the same safety mechanism as that of the shotgun used in defense for his alleged shooting of Lopez. The conduct of others evidences the tendency of the thing in question; and such conduct is receivable with other evidence showing the tendency of the thing as dangerous, defective, or the reverse. (Lopez vs, Heesen, 365 P.2d 448, 1961) What Criminclogit Khaw ‘Charlemagne James P Ramos “it ls our our moral responsibilty to help others achieve thelr dreams by guiding and inspiring them.” a 2 Saecmcees sommes os memes () Courtamaganiemsanne@yabes.comus i ND | | >. 2 WA tT CRIMINOLO Classification of Collateral matters The following are matters other than the fact in issue and which are offered as a basis for inference as to the existence or non-existence of the facts in issue: ANTECEDENT CONCOMITANT P1e)Sell La Pel SSL ir eis) CIRCUMSTANCES CIRCUMSTANCES elect tye each ut Lele ee od 9a tsa commission of the crime. Coun aii izelM NCI ta ooo rem cule millag Site the accused at the scene of tat etait eo al col an “it ls our our moral responsibilty to help others achieve thelr dreams by guiding and inspiring them.” Se a arn cca cneeemnees somes #: memes (2) Courtemapenjameannemyahes.comScope of the Rules on Evidence “it ls our our moral responsibility to help others achieve thelr dreams by guiding and Inspiring them.” ee an crowns cnmemcnes somes >: memes (2) Churlamageniemsenine@yabes.comScope of the Rules on Evidence The rules of evidence shall be THE SAME IN ALL COURTS and IN ALL TRIALS AND HEARINGS, except as otherwise provided by law or these tules. (Rule 128, Sec. 2) The Rules on Evidence is not applicable to administrative or quasi- judicial proceedings as administrative bodies are not bound by the technical niceties of the rules obtaining in the court of law. (El Greco Ship Maning and Management Corporation vs, Commissioner of Customs, G.R. No. 177188, December 4, 2008) The non-applicability of the Rules of Court including the rules on evidence to non-judicial proceedings. Unless applied BY ANALOGY OR IN SUPPLETORY CHARACTER and whenever practicable and convenient. nat Cri Knows? ‘Charlemagne James P Ramos "Ils our our maral responsibly fo elp others achlev ter deans by guiding and nspring thm." SCrartamagnasamentaee [EE Wet Criminoingiat Knows? Chartamagne James 7. Ramos |_) CharlemegnsjamesRUS@yshoo.comWhat Need Not be Proved “it ls our our moral responsibilty to help others achieve thelr dreams by guiding and Inspiring them.” ee a nan cco cnmeemcnes somes >: memes (2) Courtamageniemsaninem@yabes-coma WERT Xe pea des) LITIGATION MATTERS THAT MUST BE ADMITTED WITHOUT NEED FOR EVIDENCE JUDICIAL NOTICE JUDICIAL NOTICE, WHEN MANDATORY JUDICIAL NOTICE, WHEN DISCRETIONARY JUDICIAL NOTICE, WHEN HEARING NECESSARY JUDICIAL ADMISSION ‘Charlemagne James P Ramos “it ls our our moral responsibilty to help others achieve thelr dreams by guiding and Inspiring them.” ee a ain crowns cnmeemanes somes o: names (2) CurtamageajamseRiaem@yaies.combe | i ND | Wiat CRIMINOL LITIGATION MATTERS THAT MUST BE ADMITTED WITHOUT NEED FOR EVIDENCE JUDICIAL NOTICE It is based on the maxim, “WHAT IS KNOWN NEED NOT BE PROVED,” hence, when the rule is invoked, the court may dispense with the presentation of evidence on judicially cognizable facts. (Jones) The object of judicial notice is to save time, labor and expense in securing and introducing evidence on matters which are not ordinarily capable of dispute and are not actually bona fide disputed, and the tenor of which can safely be assumed from the tribunal's general knowledge or from a slight search on its part. Judicial notice, is therefore, BASED UPON CONVENIENCE AND EXPEDIENCY. (Francisco) The court will take judicial notice of a fact is merely another way of saying that the usual form of evidence will be dispensed with if knowledge of the fact can be otherwise acquired (State Prosecutors\v. Muro, 236 SCRA'505). The function of judicial notice is to abbreviate litigation by the admission of matters that need no evidence because judicial notice is a substitute for formal proof of a matter by. evidence. (People v. Rowland, 4 Cal 4th 238, 14 Cal Rptr 2d 377; 29 Am Jur 2d, Evidence, §24, 1994) ‘What Crimiclogist Knows? ‘Charlemagne James P Ramos “itis our our moral responsibility to help others achieve their dreams by guiding and inspiring them.” oo ra oan Gaeeemcees somes O: momes (2) Courtamaganiemseniae@yabes.comCRIMINOLO LITIGATION MATTERS THAT MUST BE ADMITTED WITHOUT NEED FOR EVIDENCE BiTr[roie Myters(ecma an aiminrinveeleclard A court SHALL TAKE judicia) notice, without the introduction of evidence, of the following: 1. Existence and territorial extent of states; 2. Their political history; 3, Forms of government and symbols of nationality; 4, The law of nations; 5. The admiralty and maritime courts of the worldiand their seals; 6, The political constitution and history of the Philippines; 7. The official acts of the legislative; 8. Executive and judicial departments of the Philippines; 9. The laws of nature; 10. The measure of time; and 11. The geographical divisions. clog Kho? dames P Ramos “it ls our our moral responsibility to help others achieve thelr dreams by guiding and Inspiring them.” “thet Criminelngiot Hnsare? Chartamapae Jomee 7 2Charinmagnnamentnee E> tne commenasens noowe? Gnertomegne somes >: names () Cnariomapanjemestts@yahee seatLITIGATION MATTERS THAT MUST BE ADMITTED WITHOUT NEED FOR EVIDENCE Judicial notice, when mandatory EXAMPLES 7. The official acts of the legislative For instance, the proof of the public need for the expropriation case was an ordinance setting aside the land for the school expansion purpose. The Court held that the judge was duty bound to take cognizance of the Ordinance since the Charter of the City of Manila provides that judges should take judicial notice of all ordinances passed by the municipal board of Manila. (City of Manila vs. Garcia, 19 SCRA 413) What Crininlogit Kw? ‘Charlemagne James P Ramos “it ls our our moral responsibility to help others achieve thelr dreams by guiding and inspiring them.” “fines Crimineingiat nese? Ohartamegae James 7 2Charinmagnajamentnte lip tines commeneeees noes? Gnartomagne somes >: ames (-) Cnariomapanjemestats@yahee seatLITIGATION MATTERS THAT MUST BE ADMITTED WITHOUT NEED FOR EVIDENCE Judicial notice, when mandatory EXAMPLES 8..Executive and judicial departments of the Philippines; In Judicial Department for instance, A motion to dismiss on the ground of res judicata that the cause of action is barred by a prior judgment. The Court held that the lower court certainly could take judicial notice of the finality of a judgment in a case that was previously pending and thereafter decided by it. (Baguio vs. Vda. De Jalagat, 42 SCRA 337) The acts of President for instance, Brushing aside the contention, the Court held that it had no alternative but to take judicial notice of the declaration of the President as an official act and thus, is a matter of mandatory judicial notice under Sec. 1 of Rule 129. [Suplico v. NEDA, 558 SCRA 329] ‘What Criminlagist Kove? ‘Charlemagne James P Ramos “it ls our our moral responsibility to help others achieve thelr dreams by guiding and inspiring them.” “fel Criminelngias Hnsure? Chartemapae James SCrarinmagrasamennnte li ner commeresens Roowre? Gnertomapne somes >: mames () Caariemepaniemesmass@yahee seatLITIGATION MATTERS THAT MUST BE ADMITTED WITHOUT NEED FOR EVIDENCE Birr |W yteyslecma an aiminrinvee iceland EXAMPLES 10, The measure of time; There is no question that we have 24 hours a day and 7 days a week. 14. The geographical divisions. For instance, Antipolo City is a chartered city located at the province of Rizal. ‘What Criminlogist Knows? ‘Charlemagne James P Ramos “it ls our our moral responsibility to help others achieve thelr dreams by guiding and inspiring them.” “Wheel Criminelngiot Hnsare? Chartamapae Jomee 7 P2charinmagnaamentnee Ei mes commanasens noes? Gnertomepne somes >: names (_) Cnariemapanjemeatats@yahee seatLITIGATION MATTERS THAT MUST BE ADMITTED WITHOUT NEED FOR EVIDENCE Judicial notice, when mandatory It is axiomatic that a court has the mandate to apply relevant statutes and jurisprudence in determining whether the allegations in a complaint establish a cause of action. (Riano) and it is mandatory for the trial court to take cognizance of the official acts of the legislative, executive and judicial departments because they are proper subjects of mandatory judicial notice DENR v. DENR Region 12 Employees, 409 SCRA 359). ‘What Criminlogist Knows? ‘Charlemagne James P Ramos “it ls our our moral responsibility to help others achieve thelr dreams by guiding and Inspiring them.” “f. Whet Crimineingiet Kneare? Ohartamegae James SCnariemannaiamensate Ee tne commennsees noowe? Gnertomanne somes >: names () Cnariomapanjemestats@yahee coatLITIGATION MATTERS THAT MUST BE ADMITTED WITHOUT NEED FOR EVIDENCE Judicial notice, when discretionary. A court MAY TAKE judicial notice of matters which are of the following: 1. Public knowledge; 2. Capable of unquestionable demonstration; 3. Ought to be known to judges because of their judicial functions. (Sec. 2, Rule 129) What Criminlogist Kove? ‘Charlemagne James P Ramos “it ls our our moral responsibilty to help others achieve thelr dreams by guiding and Inspiring them.” “f._ Whet Crimineingiat Kneare? Ohartamegne samen SCnariemannalamenrate E> tne commeresens Hoewre? Gnartomapne somes >: ames (=) Caariomepanjemeatts@yahee seatLITIGATION MATTERS THAT MUST BE ADMITTED WITHOUT: NEED FOR EVIDENCE | notice, when 1. Public knowledge FACTS OF GENERAL NOTORIETY Matters of judicial notice have three material requisites: The matter must be one of COMMON AND GENERAL KNOWLEDGE; It must be well and authoritatively settled and NOT DOUBTFUL OR UNCERTAIN; and It must be known to be within the limits of the jurisdiction of the court, The principal guide in determining what facts may be assumed to be judicially known is that of NOTORIETY. (Latip v: Chua, G:R. No. 177809, October 16, 2009) ‘What Crimilagist Kroes? ‘Charlemagne James P Ramos “itis our our moral responsibility to help others achieve thelr dreams by guiding and inspiring them.” “f Wnet Crimineingiat Kneare? Chartemagne samen SCnariemannalamentate Ee mes commeresens Roowe? Gnertomapne somes >: ames (-) Cnariomepanjemestts@yahee seatLITIGATION MATTERS THAT MUST BE ADMITTED WITHOUT NEED FOR EVIDENCE Judicial notice, when 1. Public knowledge THINGS OF "COMMON KNOWLEDGE," of which courts take judicial matters coming to the knowledge of men generally in the course of the ordinary experiences of life or they may be matters which are generally accepted by mankind as true and are capable of ready and unquestioned demonstration: Thus, facts which are UNIVERSALLY KNOWN, and which may be found in encyclopedias, dictionaries or other publications, are judicially noticed provided, they are of such universal notoriety and so generally understood that they may be regarded as forming part of the common knowledge of every person. As the common knowledge of man ranges far and wide, a wide variety of particular facts have been judicially noticed as being matters of common knowledge but a court cannot take judicial notice of any fact which, in part, is dependent on the existence or non-existence of a fact of which the court has no constructive knowledge of (Expertravel and Tours, Inc. v. Court of Appeals, 459 SCRA 147). ‘What Crimiclogist Knows? ‘Charlemagne James P Ramos “it ls our our moral responsibility to help others achieve their dreams by guiding and inspiring them.” “F_ Whet Crimineingiat Knewre? Ohartemegne James SCnariemannalamenrate Ee mw commeresens noowre? Gnartomagne somes >: names (_) Cneriomepeniemestats@yahee seatLITIGATION MATTERS THAT MUST BE ADMITTED WITHOUT NEED FOR EVIDENCE Judicial notice, when discretionary. 2. Capable of unquestionable demonstration Field of professional and scientific knowledge. What Criminlogist Knows? ‘Charlemagne James P Ramos “it ls our our moral responsibilty to help others achieve thelr dreams by guiding and Inspiring them.” “f. Whet Crimineingiat Kneare? Ohartamegne James SCnariemannaiamen sate Ei tines commenasens noowe? Gnertomagne somes >: names (_) Cnariomapanjemestats@yahee seat3. Ought to be known to judges because of their judicial functions. The facts which are ascertainable from the record of court proceedings, e.g. as to when court notices were received by a party (People v. Tundag, 342 SCRA 704). Asa rule, "courts are not authorized to take judicial notice of the contents of the records of other cases, even when such cases have been tried or are pending in the same court, and notwithstanding the fact that both cases may have been heard or are actually pending before the same judge.“ (BP!-Savings v. Court of Tax Appeal, G.R. No. 122480, April 12, 2000) ‘What Criminlogist Knows? ‘Charlemagne James P Ramos “it ls our our moral responsibility to help others achieve their dreams by guiding and inspiring them.” “f._ Wet Crimineingiat Knee? Ohartemegne samen Sonariemannaiamenrate Ee mw commernsens noes? Gnartomapne somes >: mames (-) Cnariomepeniemestats@yahee seat