Notes in evidence:

Lecturer: Judge Gener M. Gito

Insert written notes

Administrative bodies are not bound

When is evidence necessary?

A: When there is an issue of fact.

When is there an issue of fact in a civil case?

Q: when the defendant specifically denies the allegation in the complaint

How to deny?

Q: S10 R8. Denial must be specific.

Negative defense- specific denial of the material allegations in the pleadings

When can there be no issue of fact?

A: when the defendant admits all the material allegations in the complaint.

NB: there is no need to answer in a criminal case. So when will there be an issue of fact in a
criminal case?

A: when the accused enters a plea of not guilty.

Instances where no evidence is no longer required:

-when the law presumes a fact e.g in transportation law where the common carrier fails to
deliver the passenger or goods, the common carrier is presumed negligent.

Factum probandum

e.g in a murger cases

factum probandum ultimate case: the accuse stabbed the victim

factum probans- the knife used

2 fundamental elements of evidence:

1. Relevancy – if the evidence does not have any connection to the fact in issue, the E is
not relevant. To be relevant, evidence must related to an issue of fact.

NB: you can only prove what is alleged.

The test of Relevancy is logic

2. Competency – not excluded by the Constitution, law or these rules

The test of C is the C, L or R
Article 3 of the Constitution can be invoked only against the government such that when it is a
private individual which arrested or conducted an illegal search, evidence obtained shall be
admissible against the accused. The exclusionary rule cannot be invoked against private
individuals.

NB: aggravating and qualifying circumstance must be alleged in the information. Otherwise,
this cannot be consider even if proved during trail for to do so would violate the right of the
accused to be informed of the nature of the case against him.

The right against self-incrimination cannot be invoked against object evidence. This right is
available only against testimonial compulsion.

Writing is not a purely mechanical act because it requires the application of intelligence and
attention. Hence, the right against self-incrimination may be invoke.

When the object evidence has no identifying mark, there is a need to establish the chain of
custody. e.g. drugs

1. Marking of the seized drug immediately by the apprehending officer

2. Turn over to the investigating officer by the apprehending officer
3. Turn over to the forensic chemist by the investigating officer
4. Turn over and submission by the forensic chemist to the court

All persons in the link must testify to their custody of the drugs. To prove that the seized shabu
is the same shabu presented in court.

The non-compliance of the chain of custody (Ec. 21 RA965) will not render the admissibility of
the evidence but the it affects the weight of the evidence or the evidentiary value. There will
now be doubt on the corpus delict of the crime.

Original document rule

When the subject of inquiry is the content of the document, it is offered as documentary
evidence.

When what is offered is object evidence there is no need to comply with the original document
rule.

How to present secondary evidence:

1. The offeror must prove the existence of the document

Parole Evidence- literally evidence aliunde.

GR: Parties to a written agreement shall not be permitted to add, modify or change the terms
of the written agreement.

Exceptions:

1. Inst
Parole evidence rule does not apply to oral contract.

Evidence must be:

1. Relevant
2. Competent
3. Authenticated
4. Offered

Doctor-client privilege applies only in civil cases but not in criminal cases.

Res gest ae:

1. Spontaneous statements
2. Verbal acts
-the act must be an equivocal act and the statement must accompany the equivocal act

How to impeach a witness:

1. Contradictory evidence
2. General reputation for truth is bad
3. Inconsistent statement

Notes in criminal procedure:

Motion for judicial determination of probable cause is no longer allowed.

Duty of the judge if confronted with a motion to dismiss on the ground of lack of

Judges are required conduct an indepent

When is an action deemed filed in court? It is the filing of the information in court

During a PI even mere hearsay evidence is admissible. – mere probability of guilt

Doctrine of inordinate delay. (Cagang vs. Sandiganbayan) in the termination of PI is a

violation of due process.

Violation of right to speedy disposition of cases- civil cases

Violation of right to speedy trial criminal cases

DOJ circular 70, 7-_A

Issuance of warrant by the MTC and the RTC are covered by the rulings.
 Options available to the judge upon receipt of the information:

1. Dismiss the case if there is no probable cause

2. Issue a warrant of arrest
3. Order the public prosecutor to submit evidence

Case not covered by PI:

1. Cases governed by the rules on summary procedure

Mere invitation by a police officer against a person is considered arrest if your freedom is
already restricted.

GR: arrest can only be made through a warrant except: Sec. 5 of R111.

1. In flagrante delicto
2. Hot pursuit
3. Escapee

Rule 114

Bail is posted of temporary liberty.

But in Enrile vs. Sandiganbayan. Bail is now posted for the assurance that the accused will
appear during trial.

GR: all offenses are bailable

Exception: if the crim committed is RP/LI

Exception to the exception: even if the crime committed is punishable by RP/LI when the
evidence of guilt is strong.

In re conviction of Adoracion Angeles: when the case was still pending appeal, the accused is
still presumed innocent.

Leviste case: once convicted by the RTC, there is no more presumption of innocence.

Posting of bail:

Kinds of bail:

1. Surety bond
2. Cash bond (50% of the bond)
3. Property – to be annotated at the back of the title, for untitled property at the
city/municipality where it is located.

R115

Absence of the accused without justifiable cause will forfeit the right of the accused during trial.
Right to speedy disposition – can be invoked in any tribunal whether quasi/judicial tribunal.

Right to speedy trial can be invoked in criminal cases.