lOMoARcPSD|20943449

Rules ON Evidence

Criminal Law 4 (Isabela State University)

Studocu is not sponsored or endorsed by any college or university

Downloaded by Vanessa Bantilo (vanessabantilo8@gmail.com)
 lOMoARcPSD|20943449

RULES ON EVIDENCE

RULE 128

Evidence Defined- the means, sanctioned by the Rules of Court of ascertaining in a judicial proceeding, the
truth respecting a matter of fact.

Evidence Distinguished From Proof

Evidence is the means to ascertain the truth: proof is the end sought, i.e., the establishment of the fact, or
the conviction or satisfaction that indeed the fact.

FACTUM PROBANS DISTINGUISHED FROM FACTUM PROBANDUM

Factum probans is the evidentiary fact (the evidence), while the factum probandum is the ultimate fact to
be established.

CLASSIFICATION OF EVIDENCE

1. Relevant- that which has some connection or relation to what is sought to be proved; that which has a
tendency to prove or disapprove the matter in dispute.
2. Material- that which aside from being relevant affects an issue in important or substantial matters.
3. Competent or admissible evidence- that which is allowed to introduce since it is not excluded by any
rule of pleading, evidence or substantive law.
4. Direct Evidence- that which proves the disputed fact which resort to inferences or presumption i.e.
5. Circumstantial (Evidence) - that which proves the disputed fact from the circumstances surrounding a
particular situation.
6. Cumulative- additional evidence of the same kind tending to prove the same fact.
7. Corroborative- additional evidence of the different kind tending to prove the same fact.
8. Positive- that given by a witnesses who AFFIRMS that a fact did or did not occur.
9. Negative- that given by a witness who states that he does not know whether a fact did or did not occur.
10. Testimonial- oral testimony given in open court.
11. Documentary Evidence- that given through written instrumental papers/ documents.
12. Real Evidence- those addressed to the senses of the court.
13. Prima Facie- evidence which is sufficient to prove an issue a less overcome or rebutted by other
evidence.
14. Conclusive- that which cannot be rebutted or overcome.
15. Primary or best evidence- that which results in greatest certainty of the fact in questions.
16. Secondary evidence- that which indicates, by its name, that a better kind of evidence exists.
17. Expert evidence- that given by a person of specialized knowledge in some particular field.

SCOPE OF THE RULES ON EVIDENCE

The same in all courts and in all trail and hearings, experts as otherwise provided, by law or the rules.

ADMISSIBILITY DISTINGUISHED FROM WEIGHT/CREDIBILITY OF EVIDENCE

Admissibility is a question of relevance, materiality and competence, credibility refers to importance or

significance attached to the evidence by the court itself.

Downloaded by Vanessa Bantilo (vanessabantilo8@gmail.com)

 lOMoARcPSD|20943449

EVIDENCE WHICH ARE INADMISSIBLE UNDER THE CONSTITUTION:

1. Those obtained in violation of the right the people to be sure in their persons’ houses, papers, and
effects. ( Sec. 2, Bill of Rights)
2. Those obtained in violation of the privacy of communications and correspondence. ( Sec. 3, Bill of
Rights)
3. Those obtained thru torture, force, violence, threat, intimidation, or any other means which initiate the
free will. ( Sec. 12 , Bill of Rights)
4. Those obtained by compelling a person to be witness against himself. (Sec. 17, Bill of Rights)

WHEN IS EVIDENCE ADMISSIBLE?

1. When it is relevant to use to the issue;

2. When it is competent, i.e., it is not excluded by the law or the Rules of Court.

RULE 129

Judicial Notice

The cognizance of certain facts which judges may properly take and act on which proof because they
already know.

Judicial Admissions

Consists of statements made by parties in the course of judicial proceeding. They include admissions in
pleadings, or in the course of trial or other proceedings.
It is a conclusive upon the party making it, including the state in criminal prosecution, and may
constitute the basis of a verdict, whether made in writing or orally by counsel.

RULE 130

A. REAL EVIDENCE- consists of tangible things submitted for the inspection which enable to court by
the direct use of its senses to perceive facts about these things in evidence. ( Wigmore on Evidence)

SCOPE OF REAL EVIDENCE

It includes object brought into curt and exhibited to the court, such as the instruments and devices used
in the commission of a crime, the exhibition of the person as well as objects, the use of maps, plots and the
conducting of experiments and tests either in or out of court. It further includes the examination of a party in a
suit, physically or mentally, and the view of the court of premises or property concerning a controversy exists.
(20 AM. Jur. 600)

B. DOCUMENTARY EVIDENCE- is that furnished by written instruments, inscriptions and documents

of all kids. It includes every form of writing, and applies to both public and private documents.

1. Best Evidence Rule

Best primary Evidence that which can affords the greatest of the fact in question and in
itself, does not indicate the existence of other and better proof. In the case of falsification of documents,
the document alleged to have been stimulated, counterfeited or falsified, is the best evidence. In absence

Downloaded by Vanessa Bantilo (vanessabantilo8@gmail.com)

 lOMoARcPSD|20943449

of the original document, it is improper to conclude with only a copy of the original in view that there
has been a falsification of a document which was neither found nor exhibited because even the existence
of said original maybe doubted.

EXEMPTIONS TO THE BEST EVIDENCE RULE

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

II. SECONDARY EVIDENCE

Secondary Evidence is that which shows that better or primary evidence-existed as to the proof of the
fact in question. Secondary Evidence must consist of:
1. Copy of said documents.
2. A recital of its contents in an authentic document or recollection of witnesses.

III.PAROLE EVIDENCE

Parole Evidence forbids any addition to or contradiction of the terms of a written

instrument by testimony purporting to show that, at or before the signing of the document, other or
different terms were orally agreed upon by the parties.

DISTINGUISHED BETWEEN PAROLE EVIDENCE AND BEST EVIDENCE

1. The parole evidence precludes or prohibits varying the terms of writing, while the best evidence rule
prohibits the introduction of inferior evidence where evidence is available.
2. The parole evidence is a rule of substantive law (materiality) rather than of evidence, on the other hand,
the best evidence goes into the form in which evidence of a document is introduced to the court.
3. With the exceptions of wills, parole evidence applies only to documents which are contractual in nature
(written agreements), while the best evidence applies to all kinds of writings.
4. The parole evidence rule can only be invoked with controversy, is between the parties to the written
agreement and their successor in interest, whereas the best evidence rule can be invoked by any party to
an action whether or not he has participated in the writing involved
In order that parole evidence maybe admissible, the mistake or imperfection of the document, or its
failure to express the true intent and agreement of the parties, or the validity of agreement must be put in
issue by the pleadings.

EXCEMPTIONS TO THE PAROLE EVIDENCE RULE

The rule enumerates specific cases where the parole evidence is admissible to prove the terms of the
agreement, to wit;
a. An intrinsic ambiguity, mistake or imperfection in the written agreement
b. The failure of the written agreement to express the true intent and agreement of the parties thereof,
c. The validity of the written agreement; or
d. The existence of other terms agreed to by the parties or their successors in the interest after the execution
of the written agreement.

Downloaded by Vanessa Bantilo (vanessabantilo8@gmail.com)

 lOMoARcPSD|20943449

TESTIMONIAL EVIDENCE
“Witness” has reference to a person who testifies in a case or gives evidence before the
judicial tribunal. (53 Am. Jun. 24).
“Competency of Witness” is meant the legal fitness or ability of a witness to be heard on
the trial of a cause.

WITNESSES ARE QUALIFIED TO TESTIFY IF;

a. They are capable of perceiving;

b. Can make their perception known to others

Unless otherwise provided by law, the following grounds shall not constitute disqualification from being
a witness;

1. Religious beliefs
2. Political beliefs
3. Interest in the outcome of the case
4. Conviction of a crime

ADMISSITY OF OFFER OF COMPROMISE

Compromise- an agreement made between two or more parties as a settlement of matters in dispute.
(Bounvier’s) Law Dictionary)

EFFECT OF OFFER OF COMPROMISE

1. In civil cases- the offer does not amount to an admission of liability. It is in evidence against the offerer.
2. In civil cases
General Rule: an offer of compromise by the accused maybe received in Evidence as an implied
admission on guilt.

ADMISSION BY THIRD PARTY- The rights of a party cannot be prejudiced by an act, declaration or
omission of another,
Exemptions
1. Admission by co-partner;
2. Admission by agent
3. Admission by joint owner or debtor or one jointly interested
4. Admission by conspirator
5. Admission by privies

ADMISSION BY CO-PARTNE OR AGENT

The requisite in order that admission of a partner maybe admissible in evidence his co-partner:
a. The act or declaration refers to matters within the scope of the partnership;
b. The declaration was made during the existence of the partnership and pursuant to the partnership
business.
c. The existence of the partnership is previously proven by evidence by evidence other than the
admission of the partner.
With regards to agents, the requisites are:

a. That the agency is proved by evidence other than admission itself;

Downloaded by Vanessa Bantilo (vanessabantilo8@gmail.com)

 lOMoARcPSD|20943449

b. The admission refers to a matter within the scope of his authority;

c. The admission was made during the existence of the agency.

ADMISSION BY CONSPIRATOR-when admissible against his co-conspirator:

a. When the conspiracy is shown by evidence aliunde;
b. |the admission was made during the existence of the conspiracy;
c. The admission relates to the conspiracy itself.

ADMISSION BY PRIVIES

Requisites of admission by privies to be admissible:

1. The act of declaration or omission must qualify or after the title of the property.
2. There is privity between the party anda,
3. The admission was made by the predecessor in interest while holding title

ADMISSION BY SILENCE

Requisite before silence is taken AS AN ADMISSION.

Downloaded by Vanessa Bantilo (vanessabantilo8@gmail.com)

 lOMoARcPSD|20943449

SUBMITTED TO: ARISTEO NAWALIG

SUBMITTED BY: FERDIE D. LIWAG

Downloaded by Vanessa Bantilo (vanessabantilo8@gmail.com)