Criminal Jurisprudence Evidence: For evidence to be admissible it

Terms, Definitions, Notes, etc. must be Relevant (RELEVANCY TEST)

See; Revised Rules on Evidence
(Rules 128-134, Rules of Court)

FACTS + PROOF = EVIDENCE

Importance of Evidence: Factual Information
➭ Duty of every law enforcement agency to
provide the prosecution with the materials and
information on the evidence necessary to support a
conviction. Kinds of Evidence:

Note: an accused enjoys the “Presumption of 1. Character Evidence

Innocence” hence, the has the burden to overcome this
 Evidence of a person’s moral standing or
presumption by
“Proof beyond reasonable doubt”
personality traits in a community based
‘Presentation of Evidence’ on reputation or opinion.
2. Circumstantial Evidence
 Evidence aids the judge in the construction of
 The proof from which taken either singly
the chain of events from the conception up to
the consummation of the criminal design. or collectively, the existence of a particular
fact in dispute may be inferred as
FACTUM PROBANDUM necessary or probable consequences.
๑ Ultimate facts to be proven, 3. Competent Evidence
proposition of Law.  When it is not excluded by law in a
Ex: Murder was committed through treachery,
robbery was committed.
particular case.
 Obviously evidence by law is incompetent.
FACTUM PROBAN
4. Conclusive Evidence
๑ Evidence (Evidentiary- things should be
 Incontrovertible evidence
proven) facts, addressed questions of
facts.
 Evidence which the law does not allow to
Ex: Exit wound in front indicates that the be contradicted.
victim was shot at the back destroyed back
indicates force upon things.
5. Corroborative Evidence
 Additional evidence of a different kind and
EVIDENCE
character tending to prove the same point
Note: as that of previously offered evidence.
1. Rules of evidence shall be the same
in all courts; in all trial and hearing 6. Cumulative Evidence
2. Evidence is admissible when it is  Additional evidence of the same kind
relevant to the issue and is not
excluded by Law (competent) bearing on the same point.
3. Evidence is relevant if it has 7. Demeanor Evidence
relation to the fact in issue as to
induce belief it is existence or non-  The behavior of a witness on the witness
existence. stand during trial to be considered by the
Judge on the issue of credibility.
8. Demonstrative Evidence
 That has tangible exampling purpose.
9. Direct Evidence 18. Negative Evidence
 Support the truth of an assertion (in Criminal  This denies the controversy of the fact.
Law, an assertion of guilt or of innocence) directly, i.e., 19. Object/Real Evidence
without an intervening inference.  Addressed to the senses of the court
Ex: a witness who testifies that they saw the (Sight, Hearing, Smell, Touch, Taste)
defendant shoot the victim - gives Direct Evidence  Visible by naked eye are basically object
10. Documentary Evidence evidence.
 Those consisting of writing or any material 20. Prima Facie Evidence
of written expression offered as proof of its  This can stand alone to support a
contents. conviction unless rebutted.
11. Expert Evidence 21. Primary or Best Evidence
 Testimony of a person.  That which the law regards as affording the
12. Hearsay Evidence greatest certainty of the fact in question.
 Oral testimony or documentary evidence 22. Positive Evidence
which does not derive its value from the  Evidence which affirm facts in issue.
credit to be attached to the witness 23. Relevant Evidence
himself.  When it has the tendency in reason to
13. Immaterial Evidence establish the probability or improbability of
 Not directed to prove a fact in issue as a fact in issue.
determined by the rules of substantive law 24. Secondary Evidence
and of pleadings.  That which indicates the existence of a
14. Inadmissible Evidence mere original source of information.
 This is irrelevant to the issue or which is 25. Substantial Evidence
excluded by the rules of evidence.  Evidence that proceeds from the personal
15. Incompetent Evidence knowledge of the witness, simply stated.
 The one who excluded by the law either  Substantial Evidence is something that a
on grounds of its immateriality, irrelevancy witness saw, felt or heard.
and want of credibility or for any other Ex:
1. Witness heard the perpetrator threaten the victim
reason. 2. Witness saw the perpetrator hit the victim
3. Victim felt the perpetrator kick her
16. Irrelevant Evidence
26. Testimonial Evidence
 This has no tendency in reason to
 Oral ornaments given in open court by the
establish the probability or improbability of
witness.
a fact issue.
17. Material Evidence _____________________________________________________________________
 This is material to the question in
controversy, and must necessarily enter Rule 129- What need not be proved
into consideration of the controversy, and Judicial Notice
which by itself or in connection with the  No need to introduce evidence
mandatory
other evidence is determinative of the Ex: Existence and territorial extent of
case. states, political history, forms and
government.
 Discretionary
Collateral Matter
– Matters of public knowledge, matters (Document)
known to judges because of their
 Matters other than the fact in issue in which
judicial functions.
the offender as a basis or inference as to the
Judicial Admission existence of the fact in issue.

 Does not require proof and may ___________________________________________________________________

be contradicted only through. Probative Value
 The tendency of the evidence to establish the
proposition.

Competency Test
 Not excluded by law or the rules
__________________________________________________
Testimonial Knowledge
 A witness can testify only on those
facts which he knows of his own
“FRUIT OF POISONOIUS TREE DOCTRINE”
personal knowledge; that is derived (Exclusionary Rule)
from his own.
Miranda vs. Arizona
Exceptions: Definition: Illegal gain of evidence(s)

1. Police Investigation Report

2. Dying Declaration
PRINCIPLE OF CHAIN OF CUSTODY OF
3. Declaration against Interest EVIDENCE
4. Parts of Res Gestae (The thing itself)

If the evidence is of a type which cannot be

easily recognized or easily tampered, the
Rule 130- Rules of Admissibly
proponent must present evidence of its Chain
Object Evidence of Custody.
 Those addressed to the senses of the
court when an object is relevant to The proponent must show:
the fact in issue, it may be exhibited 1st. The evidence is identified as the
same object taken from the
to, examined or viewed by the
scene.
court. 2nd. It was not tampered with or any
Documentary Evidence alteration can be sufficiently
explained.
 Writings or any material containing
letters, words, numbers, figures,
symbols or other modes of written
expression offered as proof of their
contents.

Rules regarding Documentary

Evidence:

Best Evidence Rule

- When the subject of inquiry is the contents of a
document, no evidence shall be admissible except
the ORIGINAL Document.

Exceptions:
1. When the original is lost, destroyed
or cannot be produced without bad
faith on the offeror.
2. When the original is in the custody
of the party against whom the
evidence is offered and he fails to
produce it despite notice. “When you feel like quitting,
Think about why you started” 