EVIDENCE

RULE 128
GENERAL PROVISIONS

Evidence is the means, sanctioned by the Rules of Court, of ascertaining in a

judicial proceeding, the truth respecting a matter of fact. (Sec. 1)

CHARACTERISTICS OF EVIDENCE:

1. It is a MEANS, a METHOD, a MEDIUM, a TOOL

2. It must be SANCTIONED by the Rules (of Court)
3. It applies only in JUDICIAL PROCEEDINGS
4. Its purpose is to ascertain the TRUTH
5. The truth ascertained must relate to a matter of FACT

1ST CHARACTERISTIC – Evidence is just a tool, e method, a means

EVIDENCE VS. PROOF

EVIDENCE PROOF
the means of proof the effect of evidence
It is the mode or manner of proving It is merely the probative effect of
competent facts in judicial evidence and is the conviction or
proceedings persuasion of the mind resulting from
consideration of the evidence

Without evidence, there is no proof.

2ND CHARACTERISTIC – It must be sanctioned by the Rules

Rule 128-133 of the Revised Rules of Court

Under Rule 130, Evidence that are allowed to be introduced in court must not
be excluded under the Exclusionary Rules, by the Constitution, or any
Exclusionary Law.

3RD CHARACTERISTIC – It applies only in Judicial Proceedings (Criminal

Cases, Civil Cases, Special Proceedings Cases)

Administrative Cases have their respective rules of procedure and evidence.

These Rules do not apply to cases before the Ombudsman including election
cases, naturalization cases, cadastral and land registration cases, and
insolvency proceedings.

4TH CHARACTERISTIC – its purpose is to ascertain the Truth

KINDS OF TRUTH:
1. LEGAL – factual; that which the evidence establishes
2. MORAL – reality; deals with conscience

5TH CHARACTERISTIC – the truth ascertained must relate to a matter of fact

Evidence is only relevant when there are issues of fact in the case.
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Trial is precisely required if there is evidence required, and evidence is only
required if there is any factual issue to resolve.

FACTS INVOLVED:

1. FACTUM PROBANDUM – The ultimate fact to be proved or the proposition

sought to be established
- it is hypothetical

2. FACTUM PROBANS – The evidentiary facts; specific materials to be used to

prove the factum probandum
- It is existent

CLASSIFICATION OF EVIDENCE

A. AS TO FORM:

1. OBJECT – Any evidence presented for the court to examine, observe using
the senses of the court

a. Real – the very thing involved

b. Demonstrative – replica, substitute, representation of the real thing

2. DOCUMENTARY – Writings, recordings, photographs, any material

containing letters, words, symbols, or other modes of expression

3. TESTIMONIAL – oral and through affidavits

B. DIRECT VS. CIRCUMSTANTIAL

1. DIRECT – directly proves a fact in issue without need of inference from other
established facts

2. CIRCUMSTANTIAL – indirectly proves the fact in issue and may only be

resorted to when other facts have been established from which it is derived

C. POSITIVE VS. NEGATIVE EVIDENCE

1. POSITIVE – a particular set of facts exists or an event took place; it is an

affirmation (there is personal knowledge)

2. NEGATIVE – A particular set of facts did not exist; or an event did not take
place;
- It occurs when the witness states that he did not see or know of the
occurrence of a fact (he has no personal knowledge)

D. RELEVANT, MATERIAL, COMPETENT

1. RELEVANT – evidence that has the tendency or reason to establish the

probability or improbability of a fact in issue

2. MATERIAL – evidence is offered to prove a fact in issue. It has nothing to do

with probability or improbability

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3. COMPETENT – when the evidence is not excluded by the Constitution, the
Rules, and other special laws
- It also refers to the qualifications of a witness

E. CUMULATIVE VS. CORROBORATIVE

1. CUMULATIVE – evidence of the same kind which tend to prove the same fact

2. CORROBORATIVE – additional evidence of different character to prove the

same point

F. PRIMARY VS. SECONDARY

1. PRIMARY – it assures the greatest certainty of fact sought to be proved

2. SECONDARY/SUBSTITUTIONARY – it is permitted only by law when the

primary evidence is unavailable

G. PRIMA FACIE VS. CONCLUSIVE

1. CONCLUSIVE – one that establishes a fact in issue and cannot be

contradicted by any other evidence

2. PRIMA FACIE – it denotes evidence which, if uncontradicted or unexplained,

is sufficient to sustain the proposition it supports or to establish the facts
- It is also known as a “stand-alone” evidence
- a.k.a Disputable evidence

H. OTHER TERMS

1. IRRELEVANT EVIDENCE – has no relation to the facts in issue

2. INADMISSIBLE EVIDENCE – it is excluded by some law or rules of evidence

3. INCOMPETENT EVIDENCE – refers specifically to witnesses who are not

qualified to testify

4. IMMATERIAL EVIDENCE – it is directed to prove some probandum/issue

which is not the one being focused at in a particular trial ; it has no probative
value

5. CREDIBLE EVIDENCE – refers to the believability of a witness’ testimony

6. CONDITIONAL ADMISSIBILITY – admissible only in dependence upon other

facts

7. MULTIPLE ADMISSIBILITY – admissible for one or more purposes

8. CURATIVE ADMISSIBILITY – it allows a party to introduce evidence which is

inadmissible to answer the opposing party’s previous introduction of
inadmissible evidence which was erroneously admitted by the court earlier

9. EXPERT EVIDENCE – derived from an expert witness or “one who belongs

to the profession or calling to which the subject matter of the inquiry relates

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and who possesses special knowledge on questions on which he proposes to
express an opinion”

PRINCIPLE OF UNIFORMITY IN 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 Rules. (Sec. 2)

Criminal and civil cases have the same rules of evidence.

Exception to the Principle of Uniformity:

1. Election cases
2. Cadastral cases
3. Naturalization cases
4. Land registration cases
5. Insolvency proceedings
6. Other cases as may be provided by law

“FALSUS IN UNO, FALSUS IN OMNIBUS” – False in one, false in all

- It means that when a witness is caught lying on some subject matters, he is
deemed to have lied in all his/her testimony
- This principle affects only the credibility of the witness, not his qualifications
because a witness may be qualified to testify but not everything he says will
necessarily believed by the court.

ADMISSIBILITY OF EVIDENCE

Evidence is admissible when it is relevant to the issue and not excluded by the
Constitution, the law, or these Rules (Sec. 3)

REQUISITES FOR ADMISSIBILITY OF EVIDENCE

1. The evidence is relevant to the issue (RELEVANCY) – it must have some

relation to the fact in issue as to induce belief in its existence or non-existence

COMPONENTS OF RELEVANCY:

a. MATERIALITY – Whether the evidence is offered upon a matter in issue

b. PROBATIVENESS – the tendency to establish the proposition which it
is offered

2. The evidence is not excluded by the Constitution, law, or the Rules of

evidence (COMPETENCY) – It is determined by the prevailing exclusionary rules
of evidence

EXCLUSIONARY RULE – the principle which mandates that evidence obtained

from an illegal arrest, unreasonable search or coercive investigation, in
violation of a particular law, must be excluded from the trial and will not be
admitted in evidence

EXCLUSIONARY RULES

1. CONSTITUTIONAL EXCLUSIONARY RULES – applies to ALL cases

a. Unreasonable searches and seizures (Sec. 2, Art. 3, 1987 Constitution)

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 b. Privacy of Communication and correspondence (Sec. 3, Art. 3, 1987
Constitution)
c. Right to counsel, prohibition on torture, force, violence, threat,
intimidation, or other means which vitiate the free will, prohibition on secret
detention places, solitary, incommunicado (Sec. 12, Art. 3, 1987 Constitution)
d. Right against self-incrimination (Sec. 17, Art. 3, 1987 Constitution)
(No person shall be compelled to be a witness against himself)

EXCEPTION: The incompetency applies only if the evidence was obtained

by law enforcers or other authorized agencies of the government.
- It does not apply if the evidence was obtained by:
a. Security personnel/house detectives of hotels/schools/commercial
establishments
b. Private security agencies
c. Employers and their agents

2. STATUTORY EXCLUSIONARY RULE

a. Republic Act 4200 (Anti-wire tapping Law)

-Any evidence obtained through mechanical, electronic, or other
surveillance or intercepting devices shall not be admissible
- It covers:
a.1 Using any device to secretly eavesdrop, overhear, intercept, or
record any communication or spoken word (without consent
of all the parties)
a.2 Unauthorized tapping of any wire/cable

- This does not include overhearing through extension telephone party-

line (this is admissible)

EXCEPTIONS TO RA4200:

1. When judicial authorization was granted upon written petition

concerning treason, espionage, provoking war and disloyalty, piracy and
mutiny in the high seas, sedition, inciting to sedition, kidnapping, other
offenses against national security

2. When judicial authorization is granted upon petition under RA 9371

(Human Security Act) in connection with crimes of terrorism

3. UNDER THE RULES OF COURT – Rule 130 is the applicable rule in

determining the admissibility of evidence which covers the following:

a. The rule excluding secondary evidence when the primary evidence is

available (Sec. 3, Rule 130)

b. The rule excluding hearsay (Sec. 37, Rule 130)

c. The rule excluding privilege communications (Sec. 24, Rule 130)

4. COURT ISSUANCES
a. Rules on Electronic evidence (compliance with authentication
requirements)
b. Rule on examination of child witnesses (Sexual abuse shield rule)
c. Judicial affidavit rule

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 DOCTRINE OF THE FRUIT OF THE POISONOUS TREE

Evidence will be excluded if it was gained through evidence uncovered in an

illegal arrest, unreasonable search or coercive interrogation, or in violation of a
particular exclusionary law. It applies to secondary evidence.

Illegally obtained evidence cannot be admitted because they are the “fruit of the
poisonous tree)

EXCEPTIONS TO EXCLUSIONARY RULES AND THE DOCTRINE OF THE

FRUIT OF THE POISONOUS TREE

Evidence will be admissible if it was obtained through:

1. Doctrine of Inevitable Discovery – if normal police investigation would have

inevitably led to the discovery of the evidence

2. Independent Source Doctrine – if knowledge of the evidence is gained from s

separate or independent source that is completely unrelated to the illegal act of
the law enforcers

3. Attentuation Doctrine – evidence may be suppressed only if there is a clear

causal connection between the illegal police action and the evidence or that the
chain of causation between the illegal action and the tainted evidence is too
attenuated (too thin, weak, decreased or fragile). It takes into consideration the
following factors:

a. The time period between the illegal arrest and the ensuing confession
or consented search

b. The presence of intervening factors or events

c. The purpose and flagrancy of the official misconduct

SILVER PLATTER DOCTRINE – A doctrine in the U.S. that a federal court could
introduce illegally or improperly-seized evidence, as long as federal officers had
played no role in obtaining it. This doctrine was declared unconstitutional in
1980 but is still applicable in civil cases in the U.S.
- This doctrine is NOT APPLICABLE in the Philippines although it was
discussed in the case of Stonehill vs. Diokno (2o Phil. 383,391-392, 1967 case)
where documents seized by Philippine NBI was used by U.S. court against
Stonehill in a tax evasion case in the U.S.

COLLATERAL MATTERS

Evidence must have such a relation to the fact in issue as to induce belief in its
existence or non-existence (Relevancy). Evidence on collateral matters shall not
be allowed, except when it tends in any reasonable degree to establish
probability or improbability of the fact in issue. (Sec. 4)

* COLLATERAL Matters are NOT ALLOWED because these are matters that
are not in issue

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 * EXCEPTION – These collateral matters may be allowed if they tend to
establish probability or improbability (a.k.a “Probabilistic Evidence”) being:

i. Antecedent Matters (prior)

ii. Concomitant Matters (during)
iii. Subsequent Matters (after)

RULE 129
MATTERS THAT NEED NOT BE PROVED

Allegations must be proven by the one making such allegations. Every party to
a case must present pieces of evidence to support his claim. The courts are
likewise limited as to what pieces of evidence were properly presented and
admitted during the trial.

NON ALEGATA NON PROBA – A party to a case cannot prove what he did not
allege

FACTS THAT NEED NOT BE PROVED:

1. Those which the courts may take judicial notice of (Rule 129)
2. Those that are judicially admitted (Rule 129)
3. Those that are conclusively presumed (Rule 131)
4. Those that are disputably presumed but uncontradicted (Rule 131)
5. Immaterial allegations
6. Facts admitted or not denied provided they have been sufficiently alleged
(Sec. 1, Rule 8)
7. Res Ipsa Loquitor
8. Admissions by adverse party (Rule 26)

MATTERS OF JUDICIAL NOTICE

JUDICIAL NOTICE – it is the cognizance of certain facts which judges may take
and act upon without proof because they are supposed to be known to them.

KINDS OF JUDICIAL NOTICE

1. MANDATORY – no motion or hearing is necessary

a. Existence and territorial extent of states

b. Political history, forms of government and symbols of nationality
c. Law of nations
d. Admiralty and maritime courts of the world and their seals
e. Political Constitution and history of the Philippines
f. Official acts of legislative, executive, and judicial departments
g. Laws of nature
h. Measure of time
i. Geographical divisions

2. DISCRETIONARY – a hearing is necessary before the matter can be admitted

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 a. Matters of public knowledge – These are matters where the truth or
existence of which are accepted by the public without qualification, condition,
or contention

REQUIREMENTS:

i. Notoriety of facts – the facts are well and publicly known

ii. The matter must be well and authoritatively settled and not doubtful
or uncertain
iii. The matter must be within the limits of the territorial jurisdiction of
the court

* TEST OF NOTORIETY – Whether the fact involved is so notoriously known as

to make it proper to assume its existence without proof.

b. Matters capable of unquestionable demonstration – these matter are

not notorious but can be immediately shown to exist or be true so as to justify
dispensing with actual proof
- i.e. that a poison kills, that boiling water scalds, that shooting on the
head kills, that vehicles running at top speed do not immediately stop when
the brakes are applied and will leave skid marks on the road

c. Matters ought to be known to judges because of their judicial

functions
- Witness’ behavior during trial; procedures in the reduction of bail

JUDICIAL NOTICE OF CERTAIN SPECIFIC MATTERS

A. AS TO FOREIGN LAWS – Rule: Principle of PROCESSUAL PRESUMPTION

applies (foreign law is the same as our law and it will be our law which must be
applied) and Philippine courts cannot take judicial notice of foreign laws

EXCEPTIONS:
a. When there is no controversy among the parties regarding the foreign
law
b. When the foreign law has been previously ruled upon by the court
c. The foreign law has been previously applied in the Philippines
d. The foreign law is the source of the Philippine law
e. When the foreign law is a treaty in which the Philippines is a signatory

B. AS TO DOMESTIC LAWS, ADMINISTRATIVE RUS AND REGULATIONS

- National laws are covered by mandatory judicial notice
- Local laws (ordinances) may be taken judicial notice by courts having
jurisdiction over the places involved

C. DECISIONS OF COURTS
- Decisions of appellate courts are covered by mandatory judicial notice
- Records of cases pending or decided by other courts may NOT be taken
judicial notice of

D. CUSTOMS, HABITS AND PRACTICES OF PEOPLE – but only those which

are generally known and established and uniformly acted upon (if it refers to
practices by certain groups/tribes, it must be proven as a fact – meaning
cannot be taken judicial notice of, it needs to be proven)

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 - i.e. sleeping habits of people in the barrios, instinct of self-preservation

E. RELIGIOUS MATTERS – it may be taken judicial notice of (except specific

practices)
- i.e. Catholics regard Jesus as God, INC regards Him as a man, Muslims
regard Him as a prophet lesser than Mohammed

WHEN IS HEARING NECESSARY?

a. During pre-trial and trial – as to any matter

b. Before judgment or on appeal – if such matter is decisive of a material issue

MANDATORY JUDICIAL NOTICE DISCRETIONARY JUDICIAL NOTICE

Court is compelled to take judicial Court is not compelled to take
notice judicial notice
Takes place at the court’s initiative May be at court’s initiative or on
request of a party
No motion or hearing Needs hearing and presentation of
evidence

JUDICIAL ADMISSIONS

An admission, oral or written, made by the party in the course of the

proceedings in the same case, does not require proof. (Sec. 4)

Rule: The party making the admission is bound by it. The admission is
conclusive as to him and cannot be contradicted by him/her

Exceptions: The admission may be contradicted only by showing that

a. It was made through palpable mistake
b. The imputed admission was not in fact made

REQUISITES OF JUDICIAL ADMISSION:

1. It must be made by a party to the case or his/her counsel
2. It must be made in the course of the proceedings in the same case
3. It can be verbal or written admission

SOURCES OF JUDICIAL ADMISSIONS

A. VOLUNTARY/ACTUAL ADMISSIONS
1. Those contained in allegations in the pleadings
2. Admissions and stipulations during Pre-Trial duly signed
3. Admissions and stipulations made during the course of the trial (need
not be in writing)
4. Compromise agreements (becomes basis of judgments)
5. Admissions by way of responses or answers to requests for admissions
or interrogatories pursuant to Rule 26 (Modes of Discovery)

B. INVOLUNTARY/IMPLIED ADMISSIONS – those where it is the law which

declares that a party is deemed to have admitted a fact
- i.e. Failure to deny the material averments of the Complaint is an
admission of the truth thereof

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C. EFFECT OF A WITHDRAWN PLEA OF GUILT – The former plea of guilty
(which was later changed) is NOT an admission

MATTERS THAT ARE CONCLUSIVELY PRESUMED

(This will be discussed in depth under Rule 131)

Presumptions cannot substitute for evidence. If there is evidence of a fact in

issue, presumption ceases.

CONCLUSIVE PRESUMPTION – refers to a presumption which is irrebuttable

and any evidence tending to rebut the presumption is not admissible.

CLASSES OF CONCLUSIVE PRESUMPTION

1. ESTOPPEL IN PAIS – a.k.a “Equitable Estoppel_

- Whenever a party has, by his own declaration, act or omission,
intentionally and deliberately led another to believe a particular thing to be
true, and to act upon such belief, he cannot, in any litigation arising out of
such declaration, act or omission, be permitted to falsify it (Sec. 2a, Rule 131)

2. ESTOPPEL BY DEED – The tenant is not permitted to deny the title of

his/her landlord at the time of the commencement of the relation of landlord
and tenant between them (Sec. 2b, Rule 131)

MATTERS THAT ARE DISPUTABLE PRESUMED BUT ARE UNCONTRADICTED

(This will be discussed in depth under Rule 131)

DISPUTABLE PRESUMPTIONS – These refer to presumptions which are

satisfactory if uncontradicted, but may be contradicted and overcome by other
evidence (Sec. 3, Rule 131)
- Covered by Prima Facie Evidence
- Some examples:
a. That a person is innocent of crime or wrong
b. That an unlawful act is done with unlawful intent
c. That evidence willfully suppressed would be adverse if produced
d. That a person in possession of a thing taken in the doing of a recent
wrongful act is the taker and the doer of the whole act; otherwise, that things
which a person possesses, or exercises acts of ownership over, are owned by
him/her

IMMATERIAL ALLEGATIONS

These are “irrelevant matters” that do not necessarily add weight to the pieces
of evidence already submitted in the case. Thus, there is no need to prove such
allegations.

RES IPSA LOQUITOR

Res Ipsa Loquitor – literally means “the thing speaks for itself”
- One is presumed to be negligent when a thing/circumstances is under
his/her control

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 RULES OF ADMISSIBILITY
Rule 130

SOURCES OF KNOWLEDGE OR EVIDENCE

1. Those derived from the testimony of people whether oral or written
2. Those obtained from circumstances
3. Those obtained through the use of senses

ADMISSIBILITY OF EVIDENCE – A question of whether certain pieces of

evidence are to be considered at all

KINDS OF ADMISSIBILITY:

1. MULTIPLE – Where the evidence is relevant and competent for 2 or more

purposes, such evidence should be admitted for any or all purposes for which
it is offered provided it satisfies all the requirements of law for its admissibility
(Riano, 2008)

2. CONDITIONAL – Where the evidence at the time of its offer appears to be

immaterial or irrelevant unless it is connected with the other facts to be
subsequently proved, such evidence may be received on condition that the
other facts will be proved thereafter, otherwise the evidence given will be
stricken out (Regalado, 2008)

3. CURATIVE – It allows a party to introduce otherwise inadmissible evidence

to answer the opposing party’s previous introduction of inadmissible evidence
(Riano, 2016)

POLICY ON THE ADMISSIBILITY OF EVIDENCE

POLICY OF LIBERALITY – Courts are given wide discretion what to admit and
to be liberal in admitting materials offered in evidence, unless the material is
clearly incompetent

LIMITATIONS – Evidence may be excluded even if it is relevant if it will cause:

a. Undue/unfair prejudice
b. Confusion of the issues
c. Misleads the court
d. Undue delay/waste of time

* The court has the power to limit presentation of additional evidence

which are cumulative

SOURCES OF KNOWLEDGE OF EVIDENCE:

1. Those derived from the testimony of people whether oral or written
2. Those obtained from circumstances
3. Those obtained through the use of the senses

A. OBJECT (REAL) EVIDENCE – Objects as evidence are those addressed to the

senses of the court. When an object is relevant to the fact in issue, it may be
exhibited to, examined, or viewed by the court. (Sec. 1)

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SYNONYMS:
1. Real Evidence
2. Physical Evidence
3. Autoptic Preference
4. Demonstrative Evidence

* Object evidence is considered evidence of the highest order/level

KINDS OF OBJECT EVIDENCE

1. REAL OBJECT EVIDENCE - The very object or thing involved in the case
2. DEMONSTRATIVE OBJECT EVIDENCE – In the absence of the real thing, we
can have a substitute
- These are tangible evidence that merely illustrates a matter of
importance in litigation (sketches, maps, diagrams, etc)

CLASSES OF OBJECT EVIDENCE

1. Those exhibited to the court or observed by it during trial

2. Those which consist of the results of inspections of things or places
conducted by the court outside the court
3. Those which consist of the results of experiments, tests or
demonstrations, which may be scientific or practical tests as ordered by
the court

* Object evidence is not limited to the view of an object. It covers the entire
range of human senses:
a. Visual – sense of sight
b. Olfactory – Sense of smell
c. Auditory – Sense of hearing
d. Tactile – Sense of Touch
e. Gustatory – Sense of taste

LIMITATIONS TO THE EXHIBITION OF OBJECT EVIDENCE IN COURT

a. When decency and propriety demands
b. If it causes undue prejudice to the court
c. If they are repulsive to man’s sensibilities or repulsive objects
d. If it causes inconvenience or unnecessary expenses out of proportion to the
evidentiary value
e. If it violates the right against self-incrimination (i.e. handwriting)

CATEGORIES OF OBJECT EVIDENCE

1. UNIQUE OBJECTS – with readily identifiable marks

2. OBJECTS MADE UNIQUE – those made readily identifiable
3. NON-UNIQUE OBJECTS – no identifying marks and cannot be marked

REQUISITES OF ADMISSIBILITY OF OBJECT EVIDENCE

1. It must be relevant
2. It must be competent
3. It must be authenticated

AUTHENTICATION – A process of establishing the identity and the integrity of

an object evidence to show that it was involved in the underlying event

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PURPOSES OF AUTHENTICATION

1. IDENTITY - To prevent the introduction of an object different from the one

testified about

2. INTEGRITY – To ensure that there has been no significant changes in the

object’s condition

HOW AUTHENTICATION IS MADE – Since the object cannot talk, a person

(witness) must give testimony regarding the identity and integrity of the object

EFFECT OF IMPROPER AUTHENTICATION – The object may be excluded

(declared inadmissible) upon proper objection, or that it will not be given
evidentiary value

* In case of non-unique objects, the proponent of the piece of evidence must

establish a CHAIN OF CUSTODY

CHAIN OF CUSTODY METHOD OF AUTHENTICATION

* Every link in the chain, every person who possessed the object since it was
first recognized as being relevant to the case, must explain what he did with it,
how he received the piece of evidence, how he handled it to prevent
substitution, steps undertaken to ensure that the integrity of the seized item is
protected, and how it was transferred to another. Each must testify to make
the foundation complete.

Purpose: To guarantee the integrity of the physical evidence and to prevent the
introduction of evidence which is not authentic.

LINKS IN THE CHAIN OF CUSTODY

1. 1st link – Seizure and marking of the illegal drugs by the apprehending
officer/s

2. 2nd link – Turnover of the illegal drugs by the apprehending officer to the
investigating officer

3. 3rd link – Turnover by the investigating officer to the forensic chemist of the
crime laboratory to determine the contents of the substance

4. 4th link – Turnover and submission of the marked illegal drug by the forensic
chemist to the court

FORENSICS

* Application of scientific principles to answer questions of interest in the legal

system. This is applied most often in the examination of Trace Evidence to
solve crimes based on the Principle of Contact

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TRACE EVIDENCE – evidence found at a crime scene in small but measurable
amounts such as hairs, fibers, soils, botanical materials, explosive residue, and
the like

PRINCIPLE OF CONTACT – every person who is physically involved in a crime

leaves some minute trace of his/her presence in the crime scene or in the
victim and often takes something away from the crime scene and/or the victim

SCIENTIFIC TESTS JUDICIALLY ACCEPTED

1. Paraffin Test
2. Lie Detection Test
3. Firearms Identification (Ballistic) Test
4. Questioned Document Test & Handwriting Analysis
5. Drug Tests
6. Toxicology
7. Psychiatric Examination
8. Voice Identification Test
9. Fingerprinting
10. Identification through Dentures
11. Genetic Science such as DNA or blood Test

REQUISITES FOR ADMISSIBILITY OF SCIENTIFIC EVIDENCE

- Scientific evidence is a unique kind of evidence and has its own
peculiarities under the Rules

HOW TO PROVE SCIENTIFIC EVIDENCE?

- By presenting expert witness

Rule 133, Section 5 (RELIABILITY OF EXPERT TESTIMONY)

1. Is it based on sufficient facts/data?

2. Is it the product of reliable principles and methods?
3. Has the witness applied the principles and methods reliably to the
facts of the case?
4. Such other factors the court may deem helpful

DNA AS OBJECT EVIDENCE

* It constitutes the totality of the DNA profiles, results, and other genetic
information directly generated from DNA testing of biological samples.

* It is referred to as Microanalysis Examinations in aid of disposition of cases

with applications of scientific principles to answer questions of interest in the
legal system.

IMPORTANT TERMS:

1. DNA (Deoxyribonucleic acid) is a molecule found inside all iving cells which
carries the genetic information that is responsible for all cellular processes.

2. DNA TYPING – The process of extracting and analyzing DNA of a biological

sample taken from an individual or found in a crime scene

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 a. EVIDENCE SAMPLE – material collected from the scene of the crime,
from the victim’s body or that of the suspect/subject

b. REFERENCE SAMPLE – material taken from the victim or subject

3. DNA MATCHING – the process of matching or comparing the DNA profiles of

the Evidence Sample and the Reference Sample. The purpose is to ascertain
whether an association exists between the 2 samples

4. DNA TEST RESULTS:

a.) EXCLUSION – the samples are different and must have originated
from different sources. This conclusion is absolute and requires no further
analysis or discussion

b.) INCONCLUSIVE – It is not possible to be sure, whether the samples

have similar DNA type. This might be due to various reasons including
degradation, contamination, or failure of some aspect of the protocol. Various
parts of the analysis might then be repeated with the same or different samples
to attain a more conclusive result.

c.) INCLUSION – The samples are similar and could have originated from
the same source. In such case, the analyst proceeds to determine the statistical
significance of the similarity

RULE ON DNA EVIDENCE

* Under A.M. No. 06-11-5-SC, the courts are authorized, motu proprio or upon
application of any person who has legal interest in the matter in litigation. To
order a DNA testing (Effective: October 15, 2007)
* It shall apply whenever DNA evidence is offered, used, or proposed to be
offered or used as a piece of evidence in all criminal and civil actions, as well as
special proceedings.

ADMISSIBILITY OF DNA TESTING: The Daubert Test, adopted by the

Philippine Supreme Court when it finally accepted the result of DNA Testing as
admissible evidence, declared that the DNA evidence appreciated by the court
is relevant and reliable since it is reasonably based on scientifically valid
principles of human genetics and molecular biology.

WEIGHT AND PROBATIVE VALUE OF DNA EVIDENCE – It depends on the

observance of certain requirements known as the “VALLEJO
STANDARD/GUIDELINES”, to wit:
1. How the samples were collected
2. How they were handled
3. The possibility of contamination of the samples
4. The procedure followed in analyzing the samples
5. Whether the proper standards and procedures were followed in
conducting the test
6. The qualification of the analyst who conducted the test

AS TO POSSIBLE VIOLATION OF THE RIGHT AGAINST SELF-INCRIMINATION

- There is no violation of the right against self-incrimination because the
said right is against testimonial compulsion and does not apply to objects

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CLJ322; ATTY. JOAN SHEELAH O. NALLIW
introduced in evidence. Thus a person may be compelled to submit to
fingerprinting, photographing, paraffin, blood, and DNA.

WHERE DNA IS USED:

1. To identify potential suspects or exclude persons wrongfully accused

2. To identify victims of crimes or catastrophes
3. To establish paternity and family relations and genealogy

POST-CONVICTION DNA TESTING – Even if a person has already been

convicted under a final and executory judgment, he may still avail of DNA
testing provided that:

a. A biological sample exists

b. Such sample is relevant to the case
c. The testing would probably result in the reversal or modification of the
judgment of conviction

NECESSITY OF PRESENTATION OF OBJECTS IN COURT

- The best proof that an object exists is to present it to the court.
- Where the articles are not common or familiar to ordinary persons and
cannot be identified by sight, they must be presented in court (drugs,
contraband items)

PRESENTATION OF OBJECT EVIDENCE IN COURT IS NOT NECESSARY:

1. When the existence of the object is not the very fact in issue, but is
merely a collateral fact, or merely used as a reference, thus when a witness
testifies that the accused was drinking a bottle of gin when he threatened to
shoot the witness, it is not necessary to produce the bottle or when the witness
claims the accused threw a stone at his car, it is not necessary to present the
stone.

2. Where the article has not been recovered or is outside the jurisdiction
of the court (i.e. stolen articles which are not recovered; unrecovered weapons
used in crimes)

VIEW OF AN OBJECT OR SCENE

Where the object in question cannot be produced in court because it is

immovable or inconvenient to remove, it is proper for the tribunal to go to the
object in its place and there observe it (Francisco, 1996).

OCULAR INSPECTION – Part of the trial where the piece of evidence cannot be
produced in court, the court will go to the object and there observe it.

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CLJ322; ATTY. JOAN SHEELAH O. NALLIW