Criminal Evidence

A Review on

Cr i mi na l Ev i d e nc e

What is Evidence? •

•

•

•

Section 1 Rule 128 Evidence is the means, sanctioned by the rules of court, of ascertaining in a judicial proceeding the truth respecting a matter of fact.  The means sanctioned by the rules  there is a manner of presentation of evidence and rules being followed  !udicial "roceeding  Trial  !udicial investigation and determination of issues between the parties to an action

What is Evidence? •

•

•

•

Section 1 Rule 128 Evidence is the means, sanctioned by the rules of court, of ascertaining in a judicial proceeding the truth respecting a matter of fact.  The means sanctioned by the rules  there is a manner of presentation of evidence and rules being followed  !udicial "roceeding  Trial  !udicial investigation and determination of issues between the parties to an action

What is the purpose of evidence? •

"urpose? #etermine the truth respecting a matter of fact or of issues between the parties to an action.  TR$A% &A'T( in $(()E are being resolved thru E*$#E+'E •

•

•

&A'T( in $(()E being resolved thru E*$#E+'E •

&actum "robandum  –

•

$t is the proposition or ultimate facts or the facts sought to be established

&actum "robans $t is the evidentiary fact or the fact by which the factum probandum- is to be established. $t refers to the materials which establish the proposition )(E

 –

 –

 The means sanctioned by the rules •

•

•

•

Rules on Admissibility of Evidence /R0123 4urden of "roof and What +eed +ot 4e "roven /R010 and 0563 "resentation of Evidence /R0153 Weight and (u7ciency of

Admissibility of Evidence •

•

Evidence is admissible when it is relevant to the issue and is not e8cluded by the law of these rules /sec. 1 Rule 0593  Tests of admissibility  –

 –

Relevancy Test : relevant to the issue 'ompetency Test : not e8cluded by law or the rules of court

•

Relevant Evidence  The evidence has such a relation to the fact in issue as to induce belief in its e8istence or non;e8istence.  The tendency of the evidence to establish the proposition that it is other matters that the facts in issue which are o+#ARL E*$#E+'E

When original document is unavailable; Re@uisites "roof by •

•

satisfactory evidence of  0. #ue e8ecution of the original "roved through the testimony of either a. "ersonHs who e8ecuted itI b. "erson before whom its e8ecution was acDnowledgedI or c. Any person who was present and saw it e8ecuted and delivered or who thereafter saw it and recogniBed the signatures, or one to whom the parties thereto had previously confessed the e8ecution thereof /section 52 Rule 0153 5. %oss, destruction or unavailability of all such originals, not due to bad faith $ntentional destruction of the originals by a party who, however, had acted in good faith does not preclude his introduction of secondary evidence of the contents thereof. $t may be proved by any person who a. Fnew of fact of loss or destruction b. ad made a su7cient e8amination of the places where the document or papers of similar character are usually Dept by the person in whose custody the document was and has been unable to Gnd it c. as made any other investigation which is su7cient to satisfy the court that the document is indeed lost

(econdary evidence may consist of 0. 'opy of said document 5. Recital of its contents in an authentic document 1. Recollection of witnesses M $n this particular order When original document is in adverse partyNs custody or controlI Re@uisites  "roof by satisfactory evidence of 0. "roof of e8istence 5. Kave the other party a reasonable notice to produce the original of the document 1. &ailure of the adverse party to produce the same

When original document is a public record in the custody of public o7cer or is recorded in a public o7ce, /")4%$' #>')E+T(3 its contents may be proved by a certiGed copy issued by the public o7cer in custody thereof.

"arole Evidence Rule Keneral Rule When the terms of an agreement have been reduced to writing, it is considered as containing all the terms agreed upon and there can be, between the parties and their successors in interest, no evidence of such terms other than the contents of the written agreement.

•

•

E8ception A party may present evidence to modify, e8plain or add to the terms of written agreement if he puts in issue in his pleading /a3 An intrinsicHlatent ambiguity, mistaDe of fact or imperfection in the written agreementI /b3 The failure of the written agreement to e8press the true intent and agreement of the parties theretoI /c3 The validity of the written agreementI or /d3 The e8istence of other terms agreed to by the parties or their successors in interest after the e8ecution of the written agreement.

A party may present evidence aliunde ; e8trinsic or e8traneous evidence /outside of the written agreement3 that modify or e8plain or add to the terms of a written agreement. Evidence aliunde may taDe the form of purely testimonial or written

 Testimonial Evidence What is testimonial Evidence? $t refers to oral evidence or that which a witness testiGes in 'ourt. •

What are the @ualiGcations of a Witness? A witness should have the /03 capacity to perceiveHobserve, /53 capacity to remember, and /13 capacity to conveyHcommunicate oneOs perception  'ompetency of a witness : legal Gtness or ability of a witness to be heard on the trial of a case 'redibility : witnessesO disposition and intention to tell the truth in the testimony that he has given •

•

•

•

•

Keneral Rule All persons are @ualiGed and competent to testify. Religious and "olitical belief, interest in the outcome of a case, and conviction of crime are not grounds for dis@ualiGcation. E8ceptions #is@ualiGcation as provided by the rules What are the types of dis@ualiGcation? 0.Absolute #is@ualiGcation : the witness is not allowed to testify 5. Relative #is@uaiGcation : the witness cannot testify on certain facts or matters

•

Absolute #is@ualiGcation  Those who cannot perceive  Those who can perceive but cannot maDe their perception Dnown ental incapacitated

 –

 –

 –

•

 –

 Those whose mental condition, at the time of their production for e8amination, is such that they are incapable of intelligently maDe Dnown their perception to others

ental immaturity •

'hildren whose mental maturity is such as to render them incapable of perceiving the facts respecting which they are e8amined and of relating them truthfully

 –

arital #is@ualiGcation H(pousal $mmunityH#is@ualiGcation by reason of marriage •

•

•

•

 –

#uring their marriage, neither the husband nor the wife may testify for or against the other without the consent of the a