LAW 3 – CRIMINAL EVIDENCE

Definition of Terms:1. LAW – rule of conduct, just, obligatory, laid down by legitimate

power for common observance and benefits.2. De facto government - existing govt., not necessarily legal or

elected by the people. (ex: revolutionary gov’t, transition gov’t of Cory Aquino)

3. De juri government – legal, elected

4. EVIDENCE – are means sanctioned (recognized by the court) by the rules of court of ascertaining in a judicial proceedings the truth respecting the matter of fact.

- To prove both allegations of the suspects and victims- To prove the truthfulness of their allegations before the court- Any material that might persuade the court of the truthfulness

of the allegations5. Invalid ab initio - invalid from the very beginning

DISTINGUISH

PROOF EVIDENCE- is the effect or result of evidence - is the medium of proof.

FACTUM PROBANDUM FACTUM PROBANS- is the proposition to be established - is the evidentiary facts

(ex: A raped and murdered B inside one room. C saw A came out of that room after the incident. C noticed the bloodstains in A’s shirt. C can testify before the court that he saw A came out of that room right after the incident with his shirt bloodied – circumstantial evidence/factum probandum (accused to be proven guilty). The semen that will be collected in the cervix of B, blood that will match the suspect, fingerprints in the crime scene, hair strands, and other evidences that will be collected by the investigating team at the crime scene that will match the suspect will be the factum probans.)

KINDS OF EVIDENCEA. DIRECT AND CIRCUMSTANTIAL EVIDENCE

a. Direct evidence – is that which proves the fact in issue without the aid of inference or presumptions. (Ex: seen directly by the witness who was present during the actual commission of the crime; Inflagrante delicti or “caught in the act”; admission of the guilt by the accused himself)

b. Circumstantial evidence – proof of facts from which taken collectively, the existence of a particular fact in dispute maybe inferred as necessary of probable consequence.

(Ex: No witness during the actual commission of the crime but a person saw the suspect come out of the crime scene. Also, what the witness heard like the commotion inside the room, the shouting for help of the victim plus the fingerprints, blood or any evidence left by the suspect at the crime scene. What the witness heard, felt, smelled, touched. Res gestae statements.)

B. PRIMARY OR SECONDARY EVIDENCEa. Primary evidence – is that which afford the greatest

certainty of the fact in question.(Ex: Forgery or Violation of Contracts. Presenting the original document before the court will merit the greatest certainty of the fact in question)

b. Secondary evidence – is inferior to primary evidence and shows in it face that better evidence exist.(Ex: zerox copy, carbon copy, authenticated copies of the real document, can all be used in the absence of the primary evidence – esp. if it’s in the possession of the accused)

C. POSITIVE AND NEGATIVE EVIDENCEa. Positive evidence – when the witness avers that a fact did

or did not occur.

(Ex: if the witness positively identified the perpetrator of the crime.)

b. Negative evidence – when the witness states that he did not see or know the occurrence of the facts.

D. CORROBORATIVE AND CUMULATIVE EVIDENCEa. Corroborative Evidence - is an additional evidence of

different kind and character intending to prove the same point.

- Another statement not related to the issue but the testimony will strengthen the accusation and reinforce the allegation.

Ex: A,B,C are all house-helps. B killed C at 7pm. Upon investigation C, averred that he was inside the bedroom with A. But when A was, questioned, A told the investigators that B was not in their room at 7pm the night C was killed. (Asking questions which are not directly involved in the incident)

b. Cumulative evidence – is an evidence of different kind and character as that already given and tends to prove the same proposition. Ex: All the evidences presented by the accused and his

counsel to contradict the evidences of the offended party and that led to the acquittal of his case is an example of cumulative evidences.

E. PRIMA FACIE AND CONCLUSIVE EVIDENCEa. Prima Facie Evidence – is that which suffice for a proof of a

particular fact until contradicted and overcome by other evidence.

Ex: Testimony of the witness is already considered as a prima facie evidence since the court believe that a person will not place himself under oath because he can be charged of perjury if he gives false testimony.

Prima facie evidence that a crime could have been committed and will be used as a basis for filing a case in court but will not suffice if contested in the court later on. (Ex: Mr. X had a wound (which resembled a stab wound) that he got when a broken glass accidentally hit his arm. Since he had a grudge towards Mr. Y, he made it appear that Mr. Y stabbed him. He went to the doctor and secured a medical certificate).

b. Conclusive Evidence – is that which is uncontrovertible (which could not be questioned, altered or contested anymore)

Ex: Death of Jose Rizal, fingerprints, DNA test/result

F. RELEVANT AND MATERIAL EVIDENCEa. Relevant evidence – when it has a tendency and reason to

establish a probability of a fact in issue.Ex: Rape with murder (by stabbing) – the knife left at the

crime scene is a relevant evidence – the evidence which is used in the actual commission of the crime. Other evidences at the crime scene such as fingerprint, blood stains, hair strands can also be considered as relevant evidences.

b. Material evidence – is analogous to a relevant evidence. Ex: A girl was raped and stabbed to death but the perpetrator nor the murder weapon was not found at the crime scene. Instead, a gun was found near the vicinity. Said gun can be considered as a material evidence in locating its owner, who can be the perpetrator of the crime or can lead the investigators to the suspect/in solving the case.

G. COMPETENT EVIDENCE – when it is not excluded by the law in a particular case.

Ex: hear-say is not admissible in court. Dying declaration is admissible as evidence in court

A minor entering a contract – not competent-illegal Any legal or illegal material obtained from illegal search

(fruit of the poison tree)

H. REBUTTAL OR SUR REBUTTAL a. Rebuttal – (denial, negation, disproof) that which is given to

explain, repel, counteract or disprove facts given by the evidence of the other party.

Ex: Rebuttal of the evidence

b. Sun rebuttal – is that evidence which refutes rebuttal evidence.

Ex: Offended party submitted evidence against the accused. Accused submitted counter-evidence to refute the allegations by the offended party.

Prohibition: submitting of tape/video coverage as evidence (because it can be tampered/anti-tapping law)

I. OBJECT OF REAL EVIDENCE - those evidence addressed to the senses of the court. Evidences that can be seen by the naked eye.

Ex: knife, gun, boloJ. DOCUMENTARY EVIDENCE - evidence supplied by written

instructionsEx: contracts, letters, markers, birth certificates, last will

and testament

K. TESTIMONIAL EVIDENCE - oral testimony given in court or testimony under oath.

Ex: witness takes oath at the witness stand. If found lying, can be charged with perjury.

Sworn statement - a testimonial evidence, written statement as it is but made under oath, only transcribed as a transcript or cumulative evidence.

Deposition – a sworn statement gathered from a witness who cannot be on a witness stand for a valid reason.

L. EXPERT EVIDENCE - the testimony of one possessing with regards with a particular subject or department of human activity whose knowledge is not necessarily acquired by other person.

Ex: pathologists, technicians, fingerprint experts, ballisti-cians – scientific findings

Conspiracy – “Act of one, is the act of all.”Ex: Ninoy Aquino – Galman Murder Case – experts on

ballistics theorized that Ninoy was shot from behind based from the trajectory entry/exit of the bullet, thus the triggerman was one of his escorts. The validity of the expert evidence cannot be questioned by any lawyer or judge.

M. SUBSTANTIAL EVIDENCE - amount of relevant evidence which a responsible mind might accept as adequate which justify the fact in issue can be reasonably inferred. (More than one evidence to be presented before the court in order to charge the accused.)

Ex: a murder was committed without any witness. But Mr. X was seen running out of the victim’s house, holding a knife and with bloodied shirt. The last name mentioned by the victim was that of Mr. X. Fingerprints and other evidence found at the crime scene will justify if Mr. X is the true perpetrator.

QUALIFICATIONS OF A WITNESS1. Those who can perceive and perceiving. (those who can understand

and who could be understood )2. Those who can communicate of what he perceived. (who can

communicate of what he understood- someone who can elaborate what he saw at the crime scene)

DISQUALIFICATION1. Immaturity – (minor) but can not be an absolute disqualification. At

least the witness could elaborate the incident before the court.2. Mental handicap/incapacity

DEFINITION OF TERMS

1. RELEVANCY - evidence must have such relation to the fact in issue as to include belief in its existence or non-existence.

2. ISSUE – the point or points in question, at the conclusion of the pleadings which one side affirms and the other denies.

3. JUDICIAL NOTICE – no more than that the court will bring to its aid and consider without proof of facts its knowledge of those matters of public concern which are known by the well-informed persons.

4. JUDICIAL ADMISSION - an admission, verbal or written made by a party in the course of proceeding in the same case does not require proof.

5. PAROLE EVIDENCE – the so-called parole evidence forbids ant additional or contradicting to the terms of the written instrument.

6. WITNESS – all persons who can perceive and perceiving and who can make known their perception to others.

DISQUALIFICATION BY REASON OF MARRIAGE - during their marriage, neither husband or wife testify for or against the other without the consent of the affected spouse, except, in a civil case by one against the other on the direct descendant or ascendant.

DISQUALIFICATION BY REASON OF PRIVILEGE COMMUNICATION 1. Between husband and wife2. Between attorney – client communications3. Doctor and patient4. Minister – priest and the confessor – penitent

TESTIMONIAL PRIVILEGE – no person may be compelled to testify against his parents, other direct ascendants, children or other direct descendants.

ADMISSION AND CONFESSION

CONFESSION – a declaration made at anytime by a person, voluntarily and without compulsion or inducement, stating or acknowledging that he had committed or participated in the commission of a crime.

ADMISSION – is usually applied in criminal cases to statement of the facts by the accused which do not directly involve an acknowledgement of guilt of the accused or criminal intent to commit the offense which he is charged.

COMPROMISE – is an agreement made between two or more parties as a settlement of matters in dispute.

OFFER OF COMPROMISEIn civil cases – an offer of compromise is not an admission of any liability

and is not admissible in evidence against the offeror.

Ex: A man was sued in court for child support and for acknow-ledgement of the said child. He denied that the child is his’ but agreed on an alimony. The mother can’t use this compromise before the court as an admission of the said man that he is the father of her child.

In criminal case – except those involving quasi-judicial offenses (criminal negligence) or those allowed by law to be compromised by the accused.

Ex: Maria and Jose are couples. Pedro killed Jose. Jose paid Maria P20,000 as payment. The payment can be used by Maria against Pedro as an implied admission of guilt.

(However, if they have a written agreement that does not mention that the amount is to be paid for the death of Jose, but for other reasons as therein specified, then it could not be used as an implied admission of guilt).

DYING DECLARATION – the declaration of the dying person under consciousness of impending death may be received in any case where his death is the subject of inquiry as evidence of the cause and surrounding circumstances of such death. Doctrine behind: “The truth comes out from the mouth of a dying

person.”

Ex: Sweet Palomo case

PART OF RES GESTAE – statement made by a person while startling occurrence is taking place or immediately prior, or subsequent thereto with respect to the circumstances thereof maybe given in evidence as part of the res gestae. So, also statements accompanying an equivocal (unclear) act material to the issue and giving it legal significance maybe received as part of the res gestae.

Ex: No witness present during the actual commission of the crime but a person (Ms. X) occupying the apartment next to the crime scene heard the commotions inside the room and the victims’ shouting for help. The following morning, Ms. X found out that one of the occupants of the adjacent apartment was murdered. The statement that will be given by Ms. X to the investigators relative to the crime is called res gestae statement.

DISCUSSIONS on Dec 11, 2007

COLLATERAL MATTERS – collateral matter or material evidenceEx: Rape with murder by stabbing the victim. Found at the crime

scene is a gun. Said gun is a collateral matter or material evidence that can be used in order to identify the owner of the gun through its serial number. Said owner might be the perpetrator or can lead the investigator to the possible assailant.

JUDICIAL NOTICE – that of the common knowledge of everybody, be it the court, the public and the 2 parties.

JUDICIAL ADMISSION – admission of either party whether oral of written done in the court.

EXTRA-JUDICIAL ADMISSION – admission done outside of court.

Rule 130, Sec 3, (c) – numerous entries which resulted to dispute on both parties. Changing of entries in the contract.

Ex: Two parties A and B entered into a contract regarding the pawning of a certain parcel of lot owned by A to B. Since A is illiterate, B manipulated said contract and changed it from “Sale in

Facto Delicto” to “Absolute Deed of Sale”. To resolve the issue and the claims of both parties regarding the genuiness of each contract, the two witnesses present during the contract signing and who actually signed the contract as witnesses will be called by the court to give their testimonies, making their statements as the best evidence.

TCT – Transfer Certificate of Title – nobody can force the Registry of Deeds to produce the original title of land to be presented in court. Only TCTs will be given by them.

PAROLE EVIDENCE RULE – what is written in the contract is what both parties have agreed upon.

Rule 130, Sec 9 (a) - Intrinsic ambiguity – vague, inherent uncertaintyEx: A contract was entered into by A and B wherein a parcel of lot

located in Antipolo City was sold to B by A worth P100,00.00. Said contract is of intrinsic ambiguity since it is not specified where in Antipolo City the lot is located, its boundaries and the owners of the land adjacent to the lot being sold and other details.

Rule 130, Sec 9 (b) – failure to written agreement to express intent and agreement of the parties thereto.

Ex: A contract was entered into by A and B wherein a parcel of lot measuring 1 hectare as stipulated in the contract was sold by A to B. But when inspected and measured, the lot is less than 1 hectare.

Rule 130, Sec 9 (c) – validity of contractEx: A contract was entered into by A and B. A is 16 years old. If A

breaches said contract, B can’t sue A since the contract is invalid.

The law does not allow some presumptions to be disproved, no matter how strong the evidence to the contrary. It is a presumption of law that cannot be rebutted by evidence and must be taken to be the case whatever the evidence to the contrary. (Conclusive presumption)