criminal evidence.doc

EMILIO AGUINALDO COLLEGE Manila CRIMINOLOGY REVIEW CENTER CRIMINAL EVIDENCE RULE 128 GENERAL PROVISIONS SEC 1 – EVIDENCE DEFINED EVIDENCE - the means sanctioned by the Rules of Court of ascertaining in a judicial proceeding the truth respecting a matter of fact PROOF the result or effect of evidence FACTUM PROBANDUM the ultimate fact or the fact to be established FACTUM PROBANS the evidentiary fact CLASSIFICATION OF EVIDENCE 1) OBJECT OR REAL the which is directly addressed to the senses and consists of tangible things exhibited in o open court 2) DOCUMENTARY o supplied by written instruments ) TESTIMONIAL that which is submitted to the court through the testimony or deposition of a witness o OT!ER CLASSIFICATIONS 1) RELEVANT evidence having any value in reason as tending to prove any matter provable in an action o 2) MATERIAL evidence directed to prove a fact in issue as determined by the Rules o ) COMPETENT evidence that is not excluded by law o ") DIRECT that which proves the fact in dispute without the aid of any inference or presumption o #) CIRCUMSTANTIAL the proof of a fact or facts from which, taken either singly or collectively, the existence of o the particular fact in dispute may be inferred as a necessary necessary or probable consequence evidence of collateral facts or circumstances from which an inference may be drawn as to o the probability or improbability of the facts in dispute $) CUMULATIVE evidence of the same kind and to the same state of facts o %) CORROBORATIVE additional evidence of a different character to the same point o 8) PRIMA FACIE that which, standing standing alone, unexpla unexplained ined or uncontra uncontradict dicted, ed, is sufficie sufficient nt to maintain maintain the o proposition affirmed &) CONCLUSIVE o that which the law does not allow to be contradicted 1 ') PRIMARY best evidence o 1 1) SECONDARY o substitutionary substitutionary evidence 1 2) POSITIVE o assertion of knowledge 1 ) NEGATIVE o assertion of non-knowledge SEC(  – ADMISSIBILITY OF EVIDENCE Evidence is admissible admissible when ! " RE#E$%&! !' !(E "")E %&* " &'! E+C#)*E*  !(E #%. 'R  !(E"E R)#E"/ FRUIT OF T!E POISONOUS TREE DOCTRINE evidence illegally obtained is inadmissible as evidence RULES OF ADMISSIBILITY OF EVIDENCE 1) CONDITIONAL o where the evidence appears to be immaterial or irrelevant unless it is connected with the other facts to be subsequently proved 2) MULTIPLE where the evidence is relevant and competent for two or more purposes o ) CURATIVE treats upon the right of a party to introduce incompetent evidence in his behalf where the o court has admitted the same kind of evidence adduced by the adverse party

RULE 12& W!AT NEED NOT BE PROVED SEC( 1 – JUDICIAL NOTICE W!EN MANDATORY  *A +,-./ 0all /a3 4-5i+ial n,/i+3 6i/,-/ /3 in/.,5-+/i,n ,7 3i53n+3 ,7 /3 39i0/3n+3 an5 /3..i/,.ial 39/3n/ ,7 0/a/30 /3i. :,li/i+al i0/,.; 7,.3 :.,5-+35 in +,-./ /3 ,773.,. -:,n :.,,7 ,7 i/0 393+-/i,n ,. 39i0/3n+3 an5 /3 +a-03 ,7 i/0 -naaila>ili/; 6i/,-/ >a5 7ai/ ,n i0 :a./ ; a +,:; ,. >; a .3+i/al ,7 i/0 +,n/3n/0 in 0,; 3i53n+3 ,/3. /an 0-+ a+/ ,. 53+la.a/i,n(? SEC( 1 – ADMISSION BY PRIVIES *W3.3 ,n3 53.i30 /i/l3 /, :.,:3./; 7.,< an,/3. /3 a+/ 53+la.a/i,n ,. ,3/633n /3 /6, :3.0,n0 i0 0,6n >; 3i53n+3 ,/3. /an 0-+ a+/ ,. 53+la.a/i,n(? PEDIGREE includes relationship, family genealogy, birth, marriage, death, the dates when and the places where these facts occurred and the names of the relatives SEC( "' – FAMILY REPUTATION OR TRADITION REGARDING PEDIGREE

*T3 .3:-/a/i,n ,. /.a5i/i,n 39i0/in= in a 7a!7 a2 on cross-examination b2 on preliminary matters c2 when there is difficulty in getting direct and intelligible answers from a witness who is ignorant, or a child of tender years, or is of feeble-mind, or a deaf-mute d2 of an unwilling or hostile witness e2 of a witness who is an adverse party MISLEADING UESTION

one which assumes as true a fact not yet testified to by the witness, or contrary to that which he has previously stated NOT ALLOWED DURING EAMINATION OF WITNESS SEC( 11 – IMPEAC!MENT OF ADVERSE PARTYHS WITNESS

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A PARTY 12 32 42 52

CAN IMPEAC! T!E ADVERSE PARTYHS WITNESS BY contradictory evidence evidence of prior inconsistent statements evidence of bad character evidence of bias, interest, prejudice or incompetence

CONTRADICTORY EVIDENCE refers to other testimony of the same witness or other evidence presented by him in the same case, but not the testimony of another witness PRIOR INCONSISTENT STATEMENTS refer to statements, oral or documentary, made by the witness sought to be impeached on occasions other than the trial in which he is testifying a witness may be impeached by LAYING T!E PREDICATE, that is, by7 a2 confronting him with such statements, with the circumstances under which they were made b2 by asking him whether he made such statements c2 by giving him a chance to explain the inconsistency SEC( 1& – CLASSES OF DOCUMENTS PUBLIC DOCUMENTS ARE 12 the written official acts or records of the official acts of the sovereign authority, official bodies and tribunals, and public officers, whether of the >hilippines, or of a foreign country8 32 documents acknowledged before a notary public E+CE>! last wills and testaments8 42 public records, kept in the >hilippines, of private documents required by law to be entered therein ALL OT!ER WRITINGS ARE PRIVATE DOCUMENTS( SEC( 2' – PROOF OF PRIVATE DOCUMENT 9efore any private document offered as authentic is received in evidence, its due execution and authenticity must be proved either7 12 by anyone who saw the document executed or written 32 by evidence of the genuineness of the signature or handwriting of the maker SEC( 21 – W!EN EVIDENCE OF AUT!ENTICITY OF PRIVATE DOCUMENT NOT NECESSARY AUT!ENTICATION OF A DOCUMENT IS NOT REUIRED W!EN 12 the writing is an ancient document 32 the writing is a public document or record 42 it is a notarial document acknowledged, proved or certified 52 the authenticity and due execution of the document has been expressly admitted or impliedly admitted by a failure to deny the same under oath ANCIENT DOCUMENT a private document that is MORE T!AN T!IRTY YEARS OLD "EC/ 4? @ >R''A 'A &'!%R%# *'C)BE&!" >)#C *'C)BE&!" B% E >R'$E* 7 12 the original copy 32 an official publication 42 a certified true copy SEC( " – OFFER OF EVIDENCE 9!he court shall consider no evidence which has not been formally offered/ !he purpose for which the evidence is offered must be specified/= SEC( # – W!EN TO MAKE OFFER 9%s regards the TESTIMONY OF A WITNESS, the offer must be made AT T!E TIME T!E WITNESS IS CALLED TO TESTIFY(? *DOCUMENTARY AND OBJECT EVIDENCE shall be offered AFTER T!E PRESENTATION OF A PARTYHS TESTIMONIAL EVIDENCE(?

SEC( $ – OBJECTION *O>43+/i,n /, 3i53n+3 ,773.35 ,.all; 3 ; /3 +,-./( In an; +a03 /3 =.,-n50 7,. /3 ,>43+/i,n0 3 0:3+i7i35(? SEC( % – W!EN REPETITION OF OBJECTION UNNECESSARY *W3n i/ >3+,l; a::a.3n/ in /3 +,-.03 ,7 /3 39a3in= :.,:,-n535 a.3 ,7 /3 0a43+/i,n a0 >33n 43+/i,n 6a0 0-0/ain35 ,. ,3..-l35 i/ 0all n,/ >3 n3+300a.; /, .3:3a/ /3 ,>43+/i,n i/ >3in= 0-77i+i3n/ 7,. /3 a53.03 :a./; /, .3+,.5 i0 CONTINUING OBJECTION /, 0-+ +la00 ,7 @-30/i,n0(? SEC( 8 – RULING *T3 .-lin= ,7 /3 +,-./ 3 =i3n i3 0/a/35(? OBJECTION SUSTAINED the ruling of the court when it finds the question IMPROPER OBJECTION OVERRULED the ruling of the court when it finds the question PROPER SEC( & – STRIKING OUT ANSWER *S,-l5 a 6i/n300 an063. /3 @-30/i,n >37,.3 /3 a53.03 :a./; a5 /3 ,::,./-ni/; /, ,i+3 7-ll; i/0 ,>43+/i,n /, /3 0a43+/i,n i0 7,-n5 /, >3 43+/i,n an5 ,.53. /3 an063. =i3n /, >3 0/.i+3n ,77 .3+,.5( On :.,:3. /(? PROOF BEYOND REASONABLE DOUBT that degree of proof which produces conviction in an unprejudiced mind moral certainty SEC(  – ETRAJUDICIAL CONFESSION NOT SUFFICIENT GROUND FOR CONVICTION *An 39/.a4-5i+ial +,n7300i,n ; an a++-035 0all n,/ >3 0-77i+i3n/ =.,-n5 7,. +,ni+/i,n -nl300 +,..,>,.a/35 >; 3i53n+3 ,7 +,.:-0 53li+/i(? CORPUS DELICTI literally means the body or substance of the crime the actual commission by someone of the particular crime charged SEC( " – CIRCUMSTANTIAL EVIDENCE W!EN SUFFICIENT CIRCUMSTANTIAL EVIDENCE IS SUFFICIENT FOR CONVICTION IF

12 32 42

there is more than one circumstance the facts from which the inference are derived are proven the combination of all the circumstances is such as to produce a conviction beyond reasonable doubt SEC( # – SUBSTANTIAL EVIDENCE *In +a030 7il35 >37,.3 a5,5i30 a 7a+/ 3 533li035 i7 i/ i0 0-::,./35 >; 0->0/an/ial 3i53n+3 ,. /a/ al3