CRIMINOLOGY

LICENSURE
EXAMINATION REVIEW

DAY 8
 CRIMINAL EVIDENCE

• Importance of the study of Evidence in Law

Enforcement:
• As an element of our Criminal Justice System, it is the
duty of every law enforcement agencies to provide the
prosecution with the materials and information
(Evidence) necessary in order to support conviction.
• Every person is entitled to be presumed innocent of a
crime or wrong, unless proven otherwise. This is a prima
facie presumption which must be overcome by proof
beyond reasonable doubt.
 CRIMINAL EVIDENCE

• Connecting the chain of events through Evidence

during Trial:
• Trial refers to “the examination before a competent
tribunal, according to the laws of the land, of the facts
in issue in a cause, for the purposes of determining
such issue” (U.S. v. Raymundo, 14 Phil 416).
• Evidence helps in the determination of Questions of
Facts by helping the judge reconstruct the chain of
events from the conception up to the consummation of
a criminal design.
 FACTUM PROBANDUM VS.
FACTUM PROBANS
Factum Probandum Factum Probans

The evidentiary facts or the fact sought

The ultimate facts to be proven.
to be established.

Examples:
These are the propositions of law. • exit wounds were in front indicating
that victim was shot at the back
• destroyed locks indicating force

Examples: The outcome of every trial is

• murder was committed thru treachery determined by:
• robbery was made through force upon • Propositions of law
things • Questions of fact.
 DEFINITION OF TERMS
the means to arrive at a conclusion. Also defined as “the
Evidence means, sanctioned by the rules, for ascertainment in a judicial
proceeding, the truth, respecting a matter of 2 fact”.

Proof the result of introducing evidence.

Quantum 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
 DEFINITION OF TERMS

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.
 VARIATIONS ON DEGREES
OF PROOF
Based on Actions
3. Administrative
2. Civil Action
1. Criminal Action Action
preponderance of
proof beyond sufficiency of evidence
evidence [evidence of
reasonable doubt [that [that amount of relevant
greater weight or more
degree of proof which evidence which a
convincing than that
produces conviction in reasonable mind might
which is offered to refute
an unprejudiced mind] accept as adequate to
it]
justify a conclusion]
 EXCLUSIONARY RULE
(FRUIT OF THE POISONOUS TREE)

• Evidence ILLEGALLY OBTAINED are

inadmissible for reasons of public policy. This
is so because of the constitutional
requirement of due process.
• Due process has been defined as “the law
that hears before it condemns, which
proceeds upon inquiry, and renders judgment
only after fair trial”.
 PRINCIPLE OF CHAIN OF
CUSTODY OF EVIDENCE
• If the evidence is of a type which cannot be easily recognized or can readily
be confused or tampered with, the proponent of the object must present
evidence of its chain of custody. The proponent need not negate all
possibilities of substitution or tampering in the chain of custody, but must
show that:
1. The evidence is identified as the same object which was taken from the
scene; It was not tampered with, or that any alteration can be sufficiently
explained (i.e. discoloration due to the application of ninhydrine solution, etc.);
and
2. The persons who have handled the evidence are known and may be
examined in court with regard to the object.
 CONCEPTS OF EVIDENCE

1. It is a means of ascertainment – used to arrive at a legal conclusion

2. It is sanctioned by the rules of court – meaning, not excluded by the rules on

relevancy and admissibility

3. It is used in a judicial proceeding – there is a jural conflict involving different rights

asserted by different parties

4. It pertains to the truth respecting a matter of fact – evidence represents a “claim”

either for the prosecution or for the defense where issues (clashes of view) are
present.
 ADMISSIBILITY OF
EVIDENCE
For evidence to be admissible, it must be:

1) relevant to the issue [relevancy test], and

2) not excluded by the law or rules of court

[competency test].

• 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).
 TEST OF RELEVANCY OF
EVIDENCE
• 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.
 WHEN IS EVIDENCE
RELEVANT?
• When it has a relation to the fact in issue as to induce belief in its:

Existence Non-existence
In other words, evidence is relevant when it is:

Material Has Probative Value

 PROBATIVE VALUE

• It is the tendency of the evidence to establish the

proposition that it is offered to prove.
• “Collateral Matters” not admissible except when it
tend in any reasonable degree to establish
probability or improbability of the fact in issue.
• Collateral matters – matters other than the fact in
issue and which are offered as a basis for
inference as to the existence or non-existence of
the facts in issue.
 CLASSIFICATION OF
COLLATERAL MATTERS
• Collateral matters are classified into:
1. Antecedent circumstances – facts existing before the commission of the
crime [i.e. hatred, bad moral character of the offender, previous plan,
conspiracy, etc.]
2. Concomitant circumstances – facts existing during the commission of the
crime [i.e. opportunity, presence of the accused at the scene of the crime,
etc.]
3. Subsequent circumstances – facts existing after the commission of the
crime [i.e. flight, extrajudicial admission to third party, attempt to conceal
effects of the crime, possession of stolen property, etc.]
Query: Is modus operandi an antecedent, concomitant or subsequent
circumstance?
 JUDICIAL NOTICE

• Judicial notice is based on necessity and expediency. This is so

because what is known need not be proved.

• Different kinds of judicial notices:

Mandatory Discretionary

Hearing Required
 ADMISSION VS.
CONFESSION
Basis Admission Confession
Meaning Voluntary statement by Acknowledgement of
accused which is fact in issue or relevant
acknowledge of his fact
guilt
Made by Accused Any party to the
proceeding, their agent
or even third party
Proceedings Criminal Both Civil and Criminal
Degree of Proof Conclusive in Nature Substantive evidence
but not conclusive
proof
 ADMISSION VS.
CONFESSION
• 1. Express Admissions – are those made in definite, certain, and
unequivocal language.
• 2. Extra Judicial Admissions – are those made out of court, or in a
judicial proceeding other than the one under consideration.
• 3. Judicial Admissions – are those made in the pleadings filed or in the
progress of a trial.

Different kinds of confession/admission:

Judicial Extrajudicial Oral

Written Voluntary Forced

 KINDS OF EVIDENCES

• 1. Relevant evidence – evidence having any value in reason as tending

to prove any matter provable in an action.
• 2. Material evidence – evidence is material when it is directed to prove a
fact in issue as determined by the rules of substantive law and
pleadings.
• 3. Competent evidence – not excluded by law.
• 4. Direct evidence – proves the fact in issue without aid of inference or
presumptions.
• 5. Circumstantial evidence - the proof of fact or facts from which, taken
either singly or collectively
 KINDS OF EVIDENCES

• 6. Positive evidence – evidence which affirms a fact in issue.

• 7. Negative evidence - evidence which denies the existence of a fact in
issue.
• 8. Rebutting evidence – given to repel, counter act or disprove facts
given in evidence by the other party.
• 9. Primary/Best evidence – that which the law regards as affording the
greatest certainty.
• 10. Secondary evidence – that which indicates the existence of a more
original source of information.
• 11. Expert evidence – the testimony of one possessing knowledge not
usually acquired by other persons.
 KINDS OF EVIDENCES
• 12. Prima facie evidence – evidence which can stand alone to support a conviction
unless rebutted.
• 13. Conclusive evidence – incontrovertible evidence
• 14. Cumulative evidence – additional evidence of the same kind bearing on the
same point.
• 15. Corroborative evidence – additional evidence of a different kind and character
tending to prove the same point as that of previously offered evidence.
• 16. Character evidence – evidence of a person’s moral standing or personality traits
in a community based on reputation or opinion.
• 17. Demeanor evidence – the behavior of a witness on the witness stand during
trial to be considered by the judge on the issue of credibility.
 KINDS OF EVIDENCES
• 18. Demonstrative evidence – evidence that has tangible and exemplifying
purpose.
• 19. Hearsay evidence – oral testimony or documentary evidence which does not
derive its value solely from the credit to be attached to the witness himself.
• 20. Testimonial evidence – oral averments given in open court by the witness.
• 21. Object/Autotoptic proferrence/Real evidence – those addressed to the senses
of the court (sight, hearing, smell, touch, taste).
• 22. Documentary evidence – those consisting of writing or any material of written
expression offered as proof of its contents containing letters, words, numbers,
figures, symbols or other modes
 BEST EVIDENCE RULE
• For exceptions, see Sec. 3, Rule 130, Revised Rules of Court.
 BEST EVIDENCE RULE

• A document is legally considered “Original” when:

1. It is the subject of an inquiry
2. When in two or more copies executed at or about the same time, with
identical contents.
3. When an entry is repeated in ordinary course of business, one being
copied from another at or near the time of the transaction.
Question: May a “fake” document be considered as “original” or “authentic”?
Yes. A forged or spurious document when presented in court for examination
is considered as the original fake/forged document. Thus, a mere photocopy
of the allegedly forged or spurious document is only secondary to the original
questioned document.
 SECONDARY EVIDENCE

• Secondary Evidence – that which is inferior to the primary evidence and

is permitted by law only when the best evidence is not available. It is also
known as substitutionary evidence.
When the original document has been:
1. lost,
2. destroyed, or
3. cannot be produced in court.
The offer or without bad faith must:
4. prove its execution or existence, and
5. prove the cause of its unavailability.
 SECONDARY EVIDENCE

• Secondary evidence may consist of:

1. a copy,
2. recital of its contents in some authentic document, or
3. by testimony of witnesses.

• When original document is in the custody of:

1. adverse party – adverse party must have reasonable notice to produce it.
After such notice and satisfactory proof of its existence, he fails to produce it,
secondary evidence may be presented.
2. public officer – contents may be proved by certified copy issued by the
public officer in custody thereof.
 TESTIMONIAL EVIDENCE

• 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”.
 “RES INTER ALIOS ACTA”
RULE
• General Rule:
• The rights of a party cannot be prejudiced by an act, declaration, or
omission of another.
• 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) – The ante mortem
statements made by a person after the mortal wound has been inflicted
under the belief that the death is certain, stating the fact concerning the
cause of and the circumstances surrounding the attack.
2. Declaration against interest
 TESTIMONIAL KNOWLEDGE

3. Act or declaration about pedigree

4. Family reputation or tradition regarding pedigree – includes relationship,
family genealogy, birth, marriage, death, the dates when, and the placer
where these facts occurred and the names of their relatives.
5. Common reputation – is the definite opinion of the community in which
the fact to be proved is known or exists. It means the general or
substantially undivided reputation, as distinguished from a partial or
qualified one, although it need not be unanimous.
6. Part of the res gestae – literally means “things done”; it includes
circumstances, facts, and declarations incidental to the main facts or
transaction necessary to illustrate its character and also includes acts,
words, or declarations
 TESTIMONIAL KNOWLEDGE

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 AND
PRESUMPTIONS
Doctrine of Processual Presumption – any absent of the evidence or
admission, the foreign law is presumed to be the same as that in the
Philippines.
Presumption – an inference as to the existence of a fact not actually
known, arising from its usual connection with another which is known or a
conjecture based on past experience as to what course human affairs
ordinarily take.
 BURDEN OF PROOF AND
PRESUMPTIONS
Presumption Juris or of Law – is a deduction which the law expressly
directs to be made from particular facts.
Presumption Hominis or of Fact – is a deduction which reason draws
from facts proved without an express direction from the law to that effect.
Prima
Facie Evidence - that which is standing alone, unexplained or
uncontradicted, is sufficient to maintain the proposition affirmed.
 KINDS OF PRESUMPTIONS

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.
 KINDS OF CONCLUSIVE
PRESUMPTIONS
Kinds of Conclusive Presumptions:
1. Estoppel by record or judgment – the preclusion to deny the truth of
matters set forth in a record, whether judicial or legislative, and also
deny the facts adjudicated by a court of competent jurisdiction (Salud v.
CA, 233 SCRA 387).
2. Estoppel by deed – a bar which precludes a party to a deed and his
privies from asserting as against the other and his privies any right or
title in derogation of the deed or denying the truth of any material fact
asserted in it (Iriola v. Felices, 30 SCRA 202).
 KINDS OF CONCLUSIVE
PRESUMPTIONS
3. Estoppel in pais – based upon express representation or statements or
upon positive acts or conduct. A party cannot, in the course of litigation or
in dealings in pais, be permitted to repudiate his representation or occupy
inconsistent positions.
4. Estoppel against Tenant – the tenant is not permitted to deny the title of
his landlord at the time of the commencement of the relation of landlord
and tenant between them.

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
 RIGHTS AND OBLIGATIONS
OF WITNESSES
• 1. To be protected from irrelevant, improper, or insulting questions, and
from harsh or insulting demeanor.
• 2. Not to be detained longer than the interest of justice requires.
• 3. Not to be examined except only as to matters pertinent to the issue.
• 4. Not to give an answer which will tend to subject him to a penalty for
an offense unless otherwise provided by law.
• 5. Not to give an answer which will tend to degrade his reputation,
unless it be to the very fact at issue or to the fact from which the fact in
issue would be presumed, but a witness must answer to the facts of his
previous final conviction for an offense
 ORDER OF EXAMINATION
OF INDIVIDUAL WITNESSES
• 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
• 1. 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?]
• 2. Misleading question – a question which cannot be answered without
making an unintended admission. [Ex. Do you still beat your wife?]
• 3. Compound question – a question which calls for a single answer to
more than one question. [Ex. Have you seen and heard him?]
• 4. Argumentative question – a type of leading question which reflects the
examiners interpretation of the facts. [Ex. Why were you driving
carelessly?]
 DIFFERENT TYPES OF
QUESTIONS

• 5. 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?]
• 6. 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]
• 7. 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. Public documents are:

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. All other writings are private.
 SOME USEFUL LATIN
TERMS AND LEGAL MAXIMS
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.

Ignorantia legis neminem excusat ignorance of the law excuses no one

Ignorantia facti excusat mistake of fact excuses

 SOME USEFUL LATIN
TERMS AND LEGAL MAXIMS
Praeter intentionem different from that which was intended

Error in personae mistake in identity

Abberatio Ictus mistake in the blow

Nulum crimen, nulla poena sine lege there is no crime when there is no law
punishing the same.
 SOME USEFUL LATIN
TERMS AND LEGAL MAXIMS
Res ipsa loquitor the thing speaks for itself.

Causa Proxima proximate cause which produced the immediate effect

Prima facie at first glance.

Locus Criminis scene of the crime or crime scene.

 SOME USEFUL LATIN
TERMS AND LEGAL MAXIMS
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

Mens rea guilty mind

Actus reus guilty act

 SOME USEFUL LATIN
TERMS AND LEGAL MAXIMS
principle in Criminal Law which states that where the statute
Pro Reo admits of several interpretations, the one most favorable to the
accused shall be adopted.

Res Gestae the thing itself.

false in one part of the statement would render

Falsus in unum, falsus in omnibus the entire statement false (note: this maxim is
not recognized in our jurisdiction).
 COURT TESTIMONY

Court

• is an organ of government belonging to the

judicial department officially assembled
under authority of law at the appropriate
time and place for the administration of
justice through which the state enforces its
sovereign rights and power. The primary
purpose of a trial whether in a criminal or
civil setting is to determine the truth.
 COURT TESTIMONY

• What transpire during a call to order?

Call to order: When the judge enters the courtroom, the court of clerk or
bailiff announces: "All rise. the court is now in session, silence is enjoined."
• What happens during roll call of cases?
In, roll Call of Cases: The Clerk of Court reads aloud the criminal case
number, People of the Philippines versus, the accused of a specific crime.
The prosecutor stands up and state: "For the People, Your Honor, ready.
While the defense will state: "For the accused Your Honor, ready."
 COURT TESTIMONY

Judge

• A judge is a public officer appointed to

preside and administer the law in the court.
He is charged with the control of the
proceedings and the decisions and
questions of discretion and law. A
magistrate, justice are often used
synonymously and interchangeably with the
term judge.
 COURT TESTIMONY
• Clerk of court is a person employed in public office whose duties includes
filing of motions, pleadings, judgment, etc. issues, process and keeps
records of court proceedings.
• The following fall under the responsibilities of a clerk of court:
1.Call to Order
2.Roll Call
3.Arraignment
4.Witness Oath
5.Marking of Exhibits
6.Reading of the promulgation
 COURT TESTIMONY
• Who is the bailiff?
A bailiff is a court attendant or officer who has the responsibility of a court
session in the matter of keeping order. Also referred to as a Sheriff, to whom
some authority, guardianship, care is delivered, entrusted or committed.
• Who is an interpreter in court?
An interpreter is a court personnel sworn at a trial to translate the questions and
testimony of a witness who may be deaf or unfamiliar of the official language
used in court.
 COURT TESTIMONY
• What is the duty of the prosecution in the trial of the accused?
It is the duty of the prosecution to prove the guilt of the accused in a criminal
trial beyond reasonable doubt.
• Who is the plaintiff in criminal cases?
The plaintiff is a criminal case is the People of the Philippines composed of the
state and the offended party and represented in trial by the public prosecutor.
• Who is a private prosecutor?
A private prosecutor refers to another lawyer hired by the offended party or the
victim under the control and supervision of the public prosecutor.
 COURT TESTIMONY
• Who may be witnesses for the prosecution?
The witness for the prosecution are commonly the:
1.Complainant
2.Police officer
3.Medico-legal officer
4.Other forensic experts
5.Eyewitnesses In the trial what is the objective of the defense?

The objective of the defense in a criminal case is to see to it that due process is
observed and the right of the accused is protected. It is his duty to help acquit
an accused.
 COURT TESTIMONY
• Who represents the accused?
The accused may be represented by a lawyer of his own choice or a counsel
de oficio who is a court appointed lawyer to defend destitute deligants.
• Who may be the witnesses for the defense?
The witnesses of the defense are usually:
1.The accused
2.His witnesses
3.Eyewitnesses
4.Privately hired forensic experts
 COURT TESTIMONY
• Who is a witness?
A Witness is one who is present and personally sees or perceives thing, and makes it known to
the judicial tribunal by way of testimony.
On certain matters an ordinary witness is permitted to express an opinion to expedite the taking
of evidence if he has adequate or sufficient knowledge or familiarity about them such as:

1. Physical 2 . Identity of a 4 . Appearance,

3. Personality of a
measurement or person regarding personal reaction or 5. Mental condition
person concerning
dimension in terms sex, age, nationality, demeanor whether of a person whether
the behavior,
of size, height, racial feature or calm, upset, normal or otherwise.
emotion and mood
weight language spoken frustrated or scared.

9. Physical
6. Genuineness of 7. Color whether 8. Intoxication: Orientation and
handwriting of light, dark its Whether sober or features such as
authorship. intensity and shade. drunk velocity, motion,
direction, visibility.
 COURT TESTIMONY
• Who is an expert witness?
An expert witness is considered by the court due to the special knowledge,
skills or experience in some field of science, trade, profession, art or calling.
The qualification of an expert witnessed is established by special education,
work, training and experience in a particular field he/she is going to testify on.
• What takes place indirect examination of witnesses?
In direct examination facts are established by the party offering the witness
testimony. Leading questions is not allowed and direct questions are
commenced with what, who, where, when and why?
 COURT TESTIMONY
• What is the purpose of cross examination of witnesses?
Cross examination is used to test the credibility of the witness of the adverse party. It is
composed of questions answerable by yes or no. Leading question is allowed during cross
examinations.
• What are objections?
• Sustained means the witness may not answer. Overruled means the witness is directed to
answer the question. The ground for objection may be:
2.The witness
1.Irrelevant or 3.Leading or
may be 4.The questions 5.Privilege
immaterial misleading
incompetent to has no basis, communication;
question; questions;
answer;

7.The answer is 8.The examiner

6.Vague or 9.Jeopardy of
not responsive is harassing or
confusing self-
and should be insulting the
questions; incrimination.
stricken off witness;
 COURT TESTIMONY
• What is a narrative question?
A narrative question expedites the presentation of evidence but is unfair to the
adverse party since it deprives them the opportunity to make a timely objection.
• What is an incriminating question?
A question wherein the answer may tend to degrade, discredit or dishonor and
humiliate a witness may refuse reply. But when an embarrassing question is
asked to establish and prove the existence or answer. A question which has the
tendency to expose a witness to a criminal charge or to any kind of punishment
is classified as non-existence of a fact in issue, the court may direct the witness
to incriminating.