UNIVERSITY OF MINDANAO

College of Criminal Justice Education

BS Criminology

Physically Distanced but Academically Engaged

Self-Instructional Manual (SIM) for Self-Directed Learning (SDL)

Course/Subject: Law 3C-Evidence

Name of Teacher: ATTY.EDWIN C. DUMALOGDOG

 /COURSE SUBJECT : LAW3-EVIDENCE

Facilitator : ATTY. EDWIN C. DUMALOGDOG

Email: :edwin.dumalogdog@yahoo.com

Student Consultation: :Done online(LMS) or traditional contact

( Messenger or text)

Mobile: :09995290749

Effectivity Date: :June 2020

Mode of Delivery: :Online Blended Delivery

Time Frame: :54 Hours

Student Workload: :Expected Self Directed Learning

Requisite: :Law 1 and law 2

Credits: :3 Units

Help Desk : ccje@umindanao.edu.ph

Library contact : library@umindanao.edu.ph

: Brigida E. Bagani-Head LIC, Cel # 09513766681

Online Tutorial registration :

Attendance Requirements: For online session: minimum of 95% attendance for 2 day on-
campus/onsite review: 100%attendance for 2 day on-
campus/onsite final exam: 100% attendance

Course Outline Policies

Areas of Concern Details

Contact and Non - contact Hours
This 3-unit course self-instructional manual is designed
for blended learning mode of instructional delivery, i.e.
online sessions through the LMS and the 2-days
oncampus/onsite face-to-face review and final
examination. The expected number of hours will be 54
including review and examination days. The face to
 face sessions shall include the summative assessment
tasks (exams) since this course is crucial in the
criminology licensure examination for criminologists.

Assessment Task Submission Submission of assessment tasks shall be on 3 rd , 5th,

7th and 9 th week of the term. Indicate the name of the
Course Facilitator, date of submission and name of the
student. The document should be emailed to the
Course Facilitator. It is also expected that you already
paid your tuition and other fees before the submission
of the assessment task. If the assessment task is done
in real time through the features in the Blackboard
Learning Management System, the schedule shall be
arranged ahead of time by the Course Facilitator
Since this course is included in the criminology
licensure examination for criminologists, you will be
required to take
the Multiple-Choice Question exam during the
oncampus/onsite sessions. This should be scheduled
ahead of time by the Course Facilitator.
Please note that academic dishonesty such as
cheating and commissioning other students or
people to complete the task for you have severe
punishments (reprimand, warning, expulsion).

Penalties for Late Assignments/
Assessments
The score for an assignments submitted after the
designated time on the due date, without an approved
extension of time, will be reduced by 5% of the possible
maximum score each day or part day. However, if the
late submission of assignment has a valid reason, a
letter of explanation should be submitted and approved
by the Course Facilitator. If necessary, you will also be
required to present/attach evidences.

Return of Assignments/ Assessment tasks will be returned to you two (2) weeks
Assessments after the submission. This will be returned by email or
via Blackboard portal.

Assignment Re-submission You should request in writing addressed to the Course

Facilitator his/her intention to resubmit an assessment
task. The resubmission is premised on the student’s
failure to comply with the similarity index and other
reasonable grounds such as academic literacy
standards or other reasonable circumstances e.g.
illness, accidents financial constraints. Please note if
ever re-submission of assignment is granted the
grade shall not be higher to the lowest grade given
to complied students.
Grading System All culled from BlackBoard sessions and traditional
contact
Course discussions/exercises – 30%
1st formative assessment – 10%
2nd formative assessment – 10%
3rd formative assessment – 10%
All culled from on-campus/onsite sessions (TBA):
 Final exam – 40%
Submission of the final grades shall follow the usual
University system and procedures.

Student Communication Students are required to create a umindanao email

account which is a requirement to access the
BlackBoard portal. Then, the Course Facilitator shall
enroll the students to have access to the materials and
resources of the course. All communication formats:
chat, submission of assessment tasks, requests etc.
shall be through the portal and other university
recognized platforms.
You can also contact your teacher/Course Facilitator
via traditional contact or social media for
communication. For related concerns, the students can
contact the Dean, Program Head, Library, and
Guidance Help Desks. For students who have not
created their umindanao account and LMS account,
please contact the Course Facilitator or Program Head
for further instructions.

Students with Special Needs
Students with special needs shall communicate with the
Course Facilitator about the nature of his or her special
needs. Depending on the nature of the need, the
Course Facilitator, with the approval of the Program
Head, may provide alternative assessment tasks or
extension of the deadline of submission of assessment
tasks. However, the alternative assessment tasks
should still be in the service of achieving the desired
course learning outcomes.

COLLEGE OF CRIMINAL JUSTICE EDUCATION

Instructor’s guide on the Evidence (Law 3)
WEEK – I-3 ( Entire Coverage of Lesson 1)

ORIENTATION ON ACCREDITATION, RULES AND REGULATION, AND SYSTEM COMPUTATION OF

GRADE

 Overview of the Law on Evidence

1. General provision of Evidence-Rule 128
2. Matters need not require Evidence-Rule 129
3. The Rules on Admissibility of Evidence-Rule 130
4. Burden of Proof and Presumptions-Rule 131
5. Presentation of Evidence-Rule 132
6. Weight and Sufficiency of Evidence-Rule 133
7. Perpetuation of Testimony-Rule 134
Topic: Overview of the law on Evidence

Course Outcome: Explain the importance and purpose of the rule on Evidence on the current judicial
system.

Learning Objectives: Students are expected to demonstrate deep knowledge and understanding on the
concepts of Rule on Evidence, to prepare themselves during court testimony and
presentations of their respective evidence in judicial proceedings as law enforcers.

SELF INSTRUCTIONAL MATERIAL

EVIDENCE (LAW 3C)

ATTY. EDWIN C. DUMALOGDOG

INSTRUCTION PROPER

Introduction

It is the primary aim of this Self Instructional Material to provide basic concepts and
theories in the presentation of Evidence in judicial proceedings. In the end, student will
be guided accordingly, in the determination of admissibility and non-admissibility of
evidence, the presentation thereof in judicial proceedings and the manner of how the
aforesaid evidence will be given credibility by the courts.

What is Self-Instructional Material:

It is one of the educational materials that helps individualize basic learning process.
It is important to go through instructional material in a conventional or schematic way,
everyone need continuing education in order to possess up to date skills and knowledge
for the effective delivery of justice system or the process of criminal justice system in the
Philippines. A variety of self-instructional material or module have been developed in
different academic subject is used as effective curricular instruction.

Week 1-3 Unit Learning Outcomes at the end this period, student is expected to
learn:

1. The requirement for admissibility of evidence;

2. The different types of evidence and their applications
3. What is Object and Documentary Evidence
4. What are Best Evidence and Parol Evidence and their respective distinction.

Metalanguage:

1. Evidence- is the means sanction by this rules in ascertaining in a judicial proceeding

the truth respecting matter of fact.
2. Relevant evidence- any value in reason as may tend to established the probability or
improbability of the fact in question.
3. Competent evidence-that which is not excluded by the law as tending to prove a fact
is issue.
4. Document evidence- Any writing offered to prove its contents.
5. Real or Object evidence-Evidence addressed to the senses of the court
6. Collateral matters- Evidence that does not have a relation to the fact in issue as to
induce belief in its existence or non-existence.

I-Essential knowledge-

RULE 128-General Provisions- Sec. 1 to Sec. 4

1. 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, Rule 128);

2. The scope of the Evidence are:

A. Prescribes the manner of presenting evidence. Burden of proof-Rule 131-132.

B. Fixes the qualification and privileges of witness in examining them. Rule 132.
C. Determines among the probative matters which are logically and in their nature
evidential, and what classes of things shall not be received. These excluding
 function or rules are the characteristics of our law of evidence. Rule on
admissibility, Rule 128-130.

3. The distinctions between evidence in Civil Cases to that of the evidence in a Criminal
Cases are:

Civil Cases Criminal Cases

The party having the burden The guilt of the accused has to be proven
of proof must prove his claim beyond reasonable doubt
by a preponderance
of evidence

An offer of compromise is An offer of compromise by the accused may

not an admission of any
liability, and is not admissible
in evidence against the
offeror
The concept of presumption
of innocence does not apply
be received in evidence as an implied
admission of guilt
The accused enjoys the constitutional
presumption of innocence

4. The distinction between proof and evidence are:

Proof Evidence

The effect when the requisite The mode and manner of proving competent
quantum of evidence of a facts in judicial proceedings
particular fact has been duly
admitted and given weight
The probative effect The means of proof
of evidence

5. The distinction between Factum Probandum and Factum Probans are:

FACTUM PROBANDUM FACTUM PROBANS

The ultimate fact sought to The intermediate facts

be established
 Proposition to be established Materials which establish the proposition

Hypothetical Existent

6. Types of Evidence are:

A. REAL OR AUTOPTIC EVIDENCE- addressed to the senses (5 senses) of the

court.
B. CIRCUMSTANTIAL EVIDENCE/INDIRECT EVIDENCE-any circumstances
from which reason draws an inference as to the existence of a fact unknown to
the fact that is known.
C. TESTIMONIAL EVIDENCE-written or oral statement or declaration of person
respecting a matter of fact sought to be proven. Testimony of a witness in open
court.
D. RELEVANT EVIDENCE-having any value in reason as may tend to established
the probability or improbability of the fact in question.
E. COMPETENT EVIDENCE-that which is not excluded by the law as tending to
prove a fact is issue.
F. MATERIAL EVIDENCE-directed to prove a fact in issue as determined by the
rules of substantive law and of pleadings.
G. DIRECT EVIDENCE-established the truth of a fact in question without the aid of
any inference. Evidence to the precise point in issue.
H. EXPERT EVIDENCE-testimony given by a person relative to a department of
human activity in which he possess the skill and the knowledge not ordinary
within the gift of ordinary men.
I. PRIMA FACIE EVIDENCE-one when left alone by itself, would suffice as proof
of particular fact until overcome by other evidence.
J. CONCLUSIVE EVIDENCE-that which admits no other contradiction.
K. REBUTTAL EVIDENCE-that given to overcome or contradict fact which are
already given.
L. CUMULATIVE EVIDENCE-additional evidence of the same kind or character to
that already given and tending to prove the same proposition.
M. CORROBORATIVE EVIDENCE-additional evidence but of different kind or
character as that already given, tending to prove the same proposition.

7. 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
rules. (Rule 128, Sec. 2).

8. The requirements for admissibility of evidence is Relevancy and Competency (Rule

128, Sec. 3)
A. Relevant evidence is Evidence that must have a relation to the fact in issue as
to induce belief in its existence or non-existence.
 B. Competent Evidence is evidence that is not excluded by the law of these rules.
(Rule128, Sec.3)

9. The Test to determine relevant evidence is the logical relation of the evidentiary fact
to the fact in issue. Determined by logic and common sense.

10. The Test to determined competency of evidence is the knowledge of the law.

Rule 129 What need not be Prove (Sec. 1 to Sec. 4)

1. Matters need not require evidence are:

A. Mandatory Judicial Notice

B. Judicial admission
C. Conclusive presumption

2. The Two kinds of Judicial Notice are Mandatory and Discretionary.

3. Matters under Mandatory Judicial Notice are:

A. The existence and territorial extent of the states;

B. Their political history, form of government, and symbols of their nationality;
C. Laws of admiralty
D. Admiralty and maritime courts of the world and their seals;
E. Political constitution and history of the Philippines;
F. Official act of the legislative, executive and judicial department of the
Philippines;
G. Laws of Nature;
H. Measure of time; and
I. Geographical divisions ( Rule 129, Sec. 2)

4. Requisites of Discretionary Judicial Notice are facts that are:

A. Of common/public knowledge;
B. Are acceptable of unquestionable demonstration; or
C. Those judges ought to know by reason of their judicial functions (Rule 129, Sec.
3)
5. Judicial notice, when hearing necessary. — During the trial, the court, on its own
initiative, or on request of a party, may announce its intention to take judicial notice of
any matter and allow the parties to be heard thereon.
After the trial, and before judgment or on appeal, the proper court, on its own initiative
or on request of a party, may take judicial notice of any matter and allow the parties
to be heard thereon if such matter is decisive of a material issue in the case
6. Judicial Admission is an admission, verbal or written, made by the party in the course
of the proceedings in the same case, does not require proof. The admission may be
contradicted only by showing that it was made through palpable mistake or that no
such admission was made. (Rule 129, Sec. 4)

7. Collateral matters- 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.

RULE 130 Rules of Admissibility (Object Evidence) Sec. 1 to Sec. 19

1. Object evidence-Evidence addressed to the sense of the court. (Rule 130, Sec. 1)

2. Object evidence maybe:

A. EXHIBITED-produced inside or outside of court
B. EXAMINED-inspected.-purpose: to prove the existence or condition or
situation of a thing or object. eg. car; land
C. VIEWED-consist of making an experiment
3. Grounds for excluding real/object evidence are:
A. Inherent limitation- a. relevancy; b. competency
B. Non-inherent limitation:
a. undue prejudice
b. indecency or impropriety
c. repulsive objects
4. Documentary Evidence-those which consist of writing or any material containing
letters, words, numbers, figures, symbols or other modes of written expression
offered as proof of their contents (Rule 130, Sec. 4).
5. Two types of documentary evidence:
A. Where it is produced in court to prove its contents-best evidence rule
B. Where it is produced to show its existence or condition, as for instance whether
it is genuine or forge-the document is now classified as object evidence.
6. Documentary evidence consists of:
A. Any writing offered as proof of its contents;
B. Any material containing letters, words, numbers, figures, symbols or other
modes of written expression offered as proof of their contents (Rule 130, Sec.
4).
5. The following are the requisites for presentation of documentary evidence:
A. should be authenticated and proved in a manner provided in the rules of court;
B. The document should be identified and marked; and
C. They should be formally offered to the court and shown to the opposing party so
that the latter may have the opportunity to object thereto.
8. Best Evidence- When the subject of inquiry is the contents of a document, no
evidence shall be admissible other than the original document itself (Rule 130, Sec.
4), except in the following cases:

A. When the original has been lost or destroyed, or cannot be produced in court,
without bad faith on the part of the offeror;
B. When the original is in the custody or under the control of the party against
whom the evidence is offered, and the latter fails to produce it after reasonable
notice;
C. When the original consists of numerous accounts or other documents which
cannot be examined in court without great loss of time and the fact sought to be
established from them is only the general result of the whole; and
D. When the original is a public record in the custody of a public officer or is
recorded in a public office.

9. The purpose of the rule requiring the production of the best evidence is the
prevention of FRAUD because if a party is in possession of such evidence and
withheld it, and seek to substitute inferior evidence in its place, the presumption
naturally arise that the better evidence is withheld for fraudulent purposes.

10. The document is considered original when:

A. Original of the document is one the contents of which are the subject of inquiry.
B. When a document is in two or more copies executed at or about the same time,
with identical contents, all such copies are equally regarded as originals.
C. When an entry is repeated in the regular course of business, one being copied
from another at or near the time of the transaction, all the entries are likewise
equally regarded as originals (Rule 130, Sec. 4).

11. The forms of Secondary evidence are:

A. Copy of the original;
B. Recital of its contents in some authentic document;
C. Testimony of witnesses in the order stated. (Rule 130, Sec. 4)

12. The due execution of the document maybe proved through the testimony of:
A. The person who executed it;
B. The person before whom its execution was acknowledged;
C. Any person who was present and saw it executed and delivered;
D. Any person who thereafter saw and recognized the signature;
E. One to whom the parties thereto had previously confessed the execution
thereof; or
F. .By evidence of the genuineness of the signature or handwriting of the
maker.(Sec.20, Rule 132)

13. Interpretation of documents according to:

A. Its legal meaning. —
B. Instrument construed so as to give effect to all provisions
 C. Interpretation according to intention; general and particular provisions.
D. Interpretation according to circumstances.
E. Peculiar signification of terms.
F. Written words control printed.
G. Experts and interpreters to be used in explaining certain writings.
H. Of Two constructions, which is preferred.
I. Construction in favor of natural right.
J. Interpretation according to usage.

14. PAROL EVIDENCE RULE- rule which requires, in the absence of a showing of
fraud, mistake or accident, the exclusion of intrinsic evidence by which the party
seeks to contradict, vary, add, or subtract from the terms of a valid agreement or
instrument. (Rule 130, Sec. 9)
A. The purpose of Parol Evidence Rule is to give stability to written agreement,
and to remove the temptation and possibility of Perjury, which would be
afforded if parol evidence is admissible.
B. The exception to the Parol evidence rule are:
1. An intrinsic ambiguity, mistake or imperfection in the written agreement;
2. The failure of the written agreement to express the true intent and
agreement of the parties thereto;
3. The validity of the written agreement; or
4. The existence of other terms agreed to by the parties or their successors
in interest after the execution of the written agreement.

# The term "agreement" includes wills

C. Best Evidence Rule distinguish from Parol Evidence Rule

Best Evidence Parol Evidence

1. Requires a party, in order to
prove a fact in issue, must
present the best evidence
affording the greatest certainty as
to the truth respecting a matter of
a fact.
1. Requires in the absence of
a showing of fraud, mistake
, or accident, the exclusion
of extrinsic evidence by
which a party seeks to
contradict, vary, add, or
subtract from the terms of a
valid agreement .

2. Prohibits substitution of the 2. Prohibits a party from

original evidence with the varying, ADDING,
secondary evidence. MODYING the terms of a
writing.

3. Prohibits a party from varying, 3. Relates to contractual

 ADDING, MODYING the terms of writing, except with respect
a writing. to wills.

4. Relates to contractual writing, 4. Parties may invoke

except with respect to wills. whenever they are involved
in writing which is the
subject matter of
controversy.

1. TEXTBOOK
a. Bautista, A (2007) Basic Evidence Rex Book Store C. M Recto Ave.

2. REFERENCES
a. Nolledo, J (2010) Revised Rules on Evidence Rex Books Store. Manila
b. Regalado, F (2009) Remedial Law Compendium. National Book Store. Manila
c. Sison et. Al (2009) Basic Criminal Law and Procedure. E.C. Tec Commercial. Manila