Professional Documents
Culture Documents
I. PRELIMINARY CONSIDERATION:
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
Examples:
• exit wounds were in front indicating that victim was shot at the back
• destroyed locks indicative of force upon things
Evidence – the means to arrive at a conclusion. Under the Revised Rules of Court,
evidence is defined as “the means, sanctioned by the rules, for ascertainment in a
judicial proceeding, the truth, respecting a matter of fact”.
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 refers to the accumulation of
evidence sufficient to persuade the trial court.
Quantum of evidence – the totality of evidence presented for consideration
Quantum of proof – refers to the degree of proof required in order to arrive at a
conclusion.
Burden of evidence – the duty of a party of going forward with evidence.
Burden of proof – the duty of the affirmative to prove that which it alleges.
1. Criminal Action – proof beyond reasonable doubt [that degree of proof which
produces conviction in an unprejudiced mind]
2. Civil Action – preponderance of evidence [evidence of greater weight or more
convincing than that which is offered to refute it]
3. Administrative Action – sufficiency of evidence [that amount of relevant evidence
which a reasonable mind might accept as adequate to justify a conclusion]
As a result, jurisprudence has evolved a rule that renders inadmissible any evidence
obtained in an illegal search from being introduced in trial.
A. Concepts of evidence:
Admissibility of Evidence:
Note: To determine the relevancy of any item of proof, the purpose for which it is
sought to be introduced must first be known (There must be a formal offer).
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.
It is the tendency of the evidence to establish the proposition that it is offered to prove.
Judicial notice is based on necessity and expediency. This is so because what is known
need not be proved.
1. mandatory
2. discretionary
3. hearing required
Secondary Evidence
When the original document has been:
1. lost,
2. destroyed, or
3. cannot be produced in court.
Qualifications of witnesses:
1. can perceive
2. can make known their perception to others
3. not disqualified by reason of mental incapacity, immaturity, marriage, privileged
communications, or “dead man’s statute”.
Exception:
1. admission by a co-partner or agent
2. admission by a conspirator
3. admission by privies
4. admission by silence
In the above cases, the admission of one person is admissible as evidence against
another.
Testimonial Knowledge:
General Rule: A witness can testify only to those facts which he knows of his personal
knowledge; that is, which are derived from his own perception. Any statement which
derives its strength from another’s personal knowledge is hearsay, and is therefore
inadmissible.
Exceptions:
1. Dying declarations (ante-mortem statements)
2. Declaration against interest
3. Act or declaration about pedigree
4. Family reputation or tradition regarding pedigree
5. Common reputation
6. Part of the res gestae
7. Entries in the course of business
8. Entries in official records
9. Commercial lists and the like
10. Learned treatises
11. Testimony or deposition at a former proceeding
12. Examination of child victim/witness in cases of child abuse
Burden of proof – the duty of a party to present evidence on the facts in issue
necessary to establish his claim or defense by the amount of evidence required by
law.
2 kinds of presumptions:
1. Conclusive presumptions [jure et de jure] – based on rules of substantive law
which cannot be overcome by evidence to the contrary.
2. Disputable presumptions [prima facie presumptions, rebuttable
presumptions] – based on procedural rules and may be overcome by evidence to the
contrary.
Note: For Kinds of disputable presumptions, see Sec. 3, Rule 131 of the Revised Rules
of Court.
Presentation of Evidence:
The examination of witnesses presented in a trial or hearing shall be done is open court,
and under oath or affirmation. Unless the witness is incapacitated to speak, or the
question calls for a different mode of answer, the answer of the witness shall be given
orally.
Direct examination – the examination in chief of a witness by the party presenting him
on the facts relevant to the issue.
Cross examination – the examination by the adverse party of the witness as to any
matter stated in the direct examination, or connected therewith, with sufficient fullness
and freedom from interest or bias, or the reverse, and to elicit all important facts bearing
upon the issue.
Re-direct examination – second questioning by the proponent to explain or
supplement answers given in the cross examination.
Re-cross examination – second questioning by the adverse party on matters stated on
the re-direct and also on such matters as may be allowed by court.
Different Types of Questions:
Leading questions –It is one where the answer is already supplied by the examiner
into the mouth of the witness. [Ex. You saw Jose killed Juan because you were present
when it happened, didn’t you?]
Misleading question – a question which cannot be answered without making an
unintended admission. [Ex. Do you still beat your wife?]
Compound question – a question which calls for a single answer to more than one
question. [Ex. Have you seen and heard him?]
Argumentative question – a type of leading question which reflects the examiners
interpretation of the facts. [Ex. Why were you driving carelessly?]
Speculative question – a question which assumes a disputed fact not stated by the
witness as true. [Ex. The victim cried in pain, didn’t he?]
Conclusionary question – a question which asks for an opinion which the witness is
not qualified or permitted to answer. [Ex. Asking a high school drop-out whether the gun
used is a Cal. 45 pistol or 9mm pistol]
Cumulative question – a question which has already been asked and answered.
Harassing/Embarrassing question – [Ex. Are you a homosexual?]
Classes of Documents:
Documents are either public or private.
1. The written official acts, or records of the official acts of sovereign authority, official
bodies and tribunals, and public officers, whether of the Philippines, or a foreign
country.
2. Documents acknowledged before a notary public except last wills and testaments.
3. Public records (1) kept in the Philippines, or private documents (2) required by law
to be entered therein.
Verba legis non est decendendum – from the words of the law there can be no
departure.
Dura lex sed lex – the law may be harsh but it is the law.
Nulum crimen, nulla poena sine lege – there is no crime when there is no law
punishing the same.
Actus non facit reum, nisi mens sit rea – the act cannot be criminal where the mind is
not criminal.
Actus mi invictu reus, nisi mens facit reum – an act done by me against my will is
not my act.
Pro Reo – principle in Criminal Law which states that where the statute admits of
several interpretations, the one most favorable to the accused shall be adopted.
Falsus in unum, falsus in omnibus – false in one part of the statement would render
the entire statement false (note: this maxim is not recognized in our jurisdiction).