Prelim Topics

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.
SOURCE:
RULE 128 to 134 of the Rules of Court
Evidence
Evidence is the means sanctioned by these rules, of ascertaining in a judicial

proceeding the truth respecting a matter of fact.
Proof and Evidence

Proof is merely the probative effect of evidence.
Evidence is the medium of proof.
Factum probandum- The ultimate facts to be proven.
FACTUM PROBANS- Evidentiary fact tending to prove the fact in issue.

The totality of evidence to prove liability.
Direct Evidence - That which proves the fact in dispute without the aid of any
inference or presumption.
Circumstantial evidence - The proof of the facts other than the fact in issue
from which, taken either singly or collectively, the existence of the particular
fact in dispute may be inferred as a necessary or probable consequence.
CUMULATIVE EVIDENCE
Evidence which proves the same kind and to the same state of facts.
CORROBORATIVE EVIDENCE
Evidence which proves different character to the same point for higher
probative value.
It is necessary only when there are reasons to suspect that the witness
falsified the truth.
Positive Evidence- When the witness affirms that a certain facts does exist or
that a certain event happened.
Negative Evidence - When the witness states that an event did not occur or
that the state of facts alleged to exist does not actually exist.
Admissibility of evidence- refers to the question of whether or not the

evidence is to be considered at all.
ADMISIBILTY OF EVIDENCE
For evidence to be admissible, it must be:
relevant to the issue [RELEVANCY TEST]; and
not excluded by the law, Constitution or rules of court [COMPETENCY TEST].
RELEVANT EVIDENCE- must have such a relation to the fact in issue as to

induce belief in its existence or non- existence. The evidence must have a
connection to fact sought to be proved.
SEARCH WARRANT- A search warrant is an order in writing, issued in the

name of the People of the Philippine Islands, signed by a judge or a justice of
the peace, and directed to a peace officer, commanding him to search for
personal property and bring it before the court. [Alvarez vs. Court of First
Instance of Tayabas, G.R. No. 45358, 29 January 1937]
General warrant is defined as "(a) search or arrest warrant that is not particular
as to the person to be arrested or the property to be seized. It is one that
allows the "seizure of one thing under a warrant describing another" and gives
the officer executing the warrant the discretion over which items to take. IT IS
NOT VALID
MOTION TO QUASH THE WARRANT- the accused should file this motion if
he want to question the legality of the search warrant
MOTION TO SUPPRESS THE EVIDENCE- Also a remedy to question the

admissibility of evidence obtained in the warrant.
Search Warrant validity- 1O days

It is valid for 10 days, after which the police officer should make a return to the
judge who issued it If the police officer doesn’t make a return, the
judge should summon him and require him to explain why no return was
made.
Warrant of arrest - NO expiration. Valid until served
Under Rule 113, Section 5 of the Revised Rules of Criminal Procedure,

peace officer or a private person may, without a warrant, arrest a person:
(a) When, in his presence, the person to be arrested has committed, is actually
committing, or is attempting to commit an offense. This is also known as an in
flagrante delicto (or in the very act of wrongdoing) arrest.
(b) When an offense has just been committed and he has probable cause to
believe based on personal knowledge of facts or circumstances that the
person to be arrested has committed it. This is also known as a hot pursuit
arrest.
(c) When the person to be arrested is a prisoner who has escaped from a
penal establishment or place where he is serving final judgment or is
temporarily confined while his case is pending, or has escaped while being
transferred from one confinement to another.
Plain view doctrine

Requisites of Plain view doctrine:
(a)the law enforcement officer in search of the evidence has a prior justification
for an intrusion or is in a position from which he can view a particular area;
(b) the discovery of evidence in plain view is inadvertent; and
(c) it is immediately apparent to the officer.
Search of a moving vehicle- is highly regulated by the government, the

vehicle's inherent mobility reduces expectation of privacy especially when its
transit in public thoroughfares furnishes a highly reasonable suspicion
amounting to probable cause that the occupant committed a criminal
activity.
STOP AND FRISK

This is necessary for law enforcement. That is, law enforcers should be given
the legal arsenal to prevent the commission of offenses. However, this should
be balanced with the need to protect the privacy of citizens in accordance with
Article III, Section 2 of the Constitution.
Alibi- is inherently weak and must be rejected when the identity of the accused
is satisfactorily and categorically established by the credible witness.
For alibi to be a valid defense the accused must demonstrate that he was so
far away and could not have been physically present at the scene of the
crime and its immediate vicinity when the crime was committed.
“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.
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.]
Flight or non-flight of the accused

Is flight can be used as an indication of guilt?
Answer: No, because flight per se is not synonymous with guilt. However,
when flight is unexplained, it is a circumstance from which an inference of guilt
may be drawn.
What is judicial notice?

It means the cognizance which courts may take, without proof, of facts which
they are bound or are supposed to know by virtue of their office.
State the function of judicial notice.

The function of judicial notice is that, it displaces evidence since, as it stands
for proof, it fulfills the object which evidence is designed to fulfill and makes
evidence unnecessary.
Is there a difference between actual knowledge and judicial notice?

Yes . A fact may be personally known to a judge and yet improper for judicial
notice, in the same manner that a fact may be personally unknown to the judge
and yet proper for judicial notice
CURATIVE ADMISSIBILITY
This allows a party to introduce otherwise inadmissible evidence to answer the

opposing party’s previous introduction of inadmissible evidence if it would
remove any unfair prejudice caused by the admission of the earlier
inadmissible evidence.
Chain of custody of evidence
The purpose chain of custody is to ensure that the integrity and evidentiary
value of the seized items are preserved, so much so that unnecessary doubts
as to the identity of the evidence are removed (People v. Langcua, G.R. No.
190343, February 6, 2013).

Prelim Topics

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Evidence

Importance of the study of Evidence in Law Enforcement:

Evidence is the means sanctioned by these rules, of ascertaining in a judicial

Proof and Evidence

Evidence is the medium of proof.

Factum probandum- The ultimate facts to be proven.

FACTUM PROBANS- Evidentiary fact tending to prove the fact in issue.

Admissibility of evidence- refers to the question of whether or not the

RELEVANT EVIDENCE- must have such a relation to the fact in issue as to

SEARCH WARRANT- A search warrant is an order in writing, issued in the

MOTION TO SUPPRESS THE EVIDENCE- Also a remedy to question the

Search Warrant validity- 1O days

Warrant of arrest - NO expiration. Valid until served

Under Rule 113, Section 5 of the Revised Rules of Criminal Procedure,

Plain view doctrine

Search of a moving vehicle- is highly regulated by the government, the

STOP AND FRISK

“Collateral Matters” not admissible except when it tend in any reasonable

1. Antecedent circumstances – facts existing before the commission of

Flight or non-flight of the accused

What is judicial notice?

State the function of judicial notice.

Is there a difference between actual knowledge and judicial notice?

This allows a party to introduce otherwise inadmissible evidence to answer the

Chain of custody of evidence

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