EVIDENCE LAW for criminology students.pptx

for criminology students

1. EVIDENCE ATTY MA ANGELICA PENDON

2. 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. Every person is entitled to be presumed innocent of a crime or wrong, unless proven otherwise. This is a prima facie presumption which must be overcome by proof beyond reasonable doubt.

3. Why is evidence REQUIRED? Evidence is required because of the presumption that the court is not aware of the veracity of the facts involved in a case. It is, therefore, incumbent upon the parties to prove a fact in issue through the presentation of admissible evidence.

4. What is the scope of the rules or law of evidence? The law of evidence deals with the rules to be followed in presenting a matter of fact to a court for its use in the judicial investigation. it prescribes the manner of presenting the evidence personally by one who knows the thing, the subject to cross-examination, or by means of a preposition it fixes the qualification and the privileges of witnesses, and the mode of examining them ,and chiefly, it determines, as among probative matter, what classes of things shall not be received

5. Evidence is the means, sanctioned by these rules, of ascertaining in a judicial proceeding the truth respecting a matter of fact. Rule 128 , Section 1 - Evidence defined

6. What does “sanctioned by these rules” mean? “ Sanctioned by these rules”— evidence that is allowed by the rules of court. However, the Rules of court is not the sole repository of the rules and principles of the law relating to the evidence. Other sources: 1. Article 1403 (2)—statute of frauds 2. Torts and damages Article 2199 4. Res Ipsa loquitor—it shifts the burden of proving that you are not negligent.

7. What does “judicial proceeding” mean? “in a judicial proceeding”—we follow law on evidence strictly in judicial proceedings. As a general rule, if administrative or quasi judicial, rules of evidence do not apply. By an exception, if the rules of procedure of such administrative or quasi judicial body allows the application of the rules of evidence and the rules of court, then they are applied.

8. Applicability of the Rules on Evidence GENERAL RULE : The Rules of Evidence, being part of the Rules of Court, apply only to judicial proceedings. The Rules of Court shall not apply to: Naturalization proceedings; Insolvency proceedings; Cadastral proceedings; Other cases not provided in the Rules of Court; Land registration proceedings; and Election cases.

9. EXCEPTION: However, the rules may apply to the abovementioned proceedings and cases by analogy or in a suppletory character and whenever practicable and convenient.

10. Ascertaining the truth respecting a matter of fact While the purpose of evidence is to know the truth, the truth referred to in the definition is not necessarily the actual truth but one aptly referred to as the judicial or legal truth. Actual truth may not always be achieved in judicial proceedings because the findings of the court would depend on the admissible evidence presented before it.

11. What are “facts”? There are 2 kinds of facts. ULTIMATE AND EVIDENTIARY FACTS. ULTIMATE FACTS OR FACTUM PROBANDUM This are the principal, determinative and constitutive facts, the existence of which the plaintiffs’ cause of action rests. It does not refer to the details of probative matter or a particular evidence by which these materials or elements are established. In other words, they are the PROPOSIITONS that need to be established. They are by their nature hypothetical .

12. What are “facts”? 2. EVIDENTIARY FACTS OR FACTUM PROBANS Facts which are necessary for the determination of ultimate facts. They are premises by which the conclusions of ultimate facts are based. So if ultimate fact is that “a killed B”, that is hypothetical. You use an evidentiary fact to arrive at the proposition being the constitutive fact. How to prove? Evidentiary facts. i.e. fingerprints found on scene, cause of death of victim, positive identification of the accused Evidentiary facts are brought forward as the reality brought to the tribunal saying that the factum probandum is correct.

13. Factum Probandum vs Factum Probans

14. AS TO FACTS OF PROPOSITIONS FACTUM PROBANDUM The fact or proposition to be established. (ULTIMATE FACT) FACTUM PROBANS The facts or material evidencing the fact or proposition to be established (EVIDENTIARY FACT)

15. AS TO THE FACT TO BE PROVED FACTUM PROBANDUM The fact to be proved; the fact which is in issue in a case and to which the evidence is directed. FACTUM PROBANS The probative or evidentiary fact tending to prove the fact in issue.

16. AS TO THE NATURE OF THE FACTS FACTUM PROBANDUM HYPOTHETICAL FACTUM PROBANS EXISTENT

17. EXAMPLE P claims to have been injured by the negligence of D, while D denies having been negligent.

18. EXAMPLE P claims to have been injured by the negligence of D, while D denies having been negligent, the negligence is the fact to be established. It is the factum probandum . The evidence offered by P constitutes the material to prove the liability of D. The totality of the evidence to prove the liability is the factum probans .

19. CLASSIFICATION OF EVIDENCE As to the requirements for admissibility As to Nature As to its ability to establish the fact in dispute As to weight As to the tenor of proof offered As to nature of additional evidence As to degree of its value in establishing a disputed fact As to tenor of testimony According to source

20. A. As to the requirements for admissibility Relevant Evidence An evidence is relevant when it has a tendency in reason to establish the probability or improbability of a fact in issue, i.e., evidence “that reasonable mind might accept as adequate to support a conclusion TEST OF RELEVANCY : Relevancy is determinable by rules of logic and human experience 2. Competent Evidence An evidence is competent when it is not excluded by law in a particular case

21. B. As to Nature 1. Testimonial Evidence Consists of testimony of a witnesses, usually on oath or affirmation, given by his word of mouth in the witness stand. 2. Documentary Evidence Consists of writings, recordings, or any material containing letters, words, numbers, figures, symbols, or other modes of written expressions offered as proof of their contents (Sec. 2, Rule 130). 3. Object Evidence Evidence which proves the fact in dispute without the aid of any inference or presumption. It is that which is addressed to the senses of the court (Sec. 1, Rule 130).

22. C. As to its ability to establish the fact in dispute Direct Evidence Evidence which proves the fact in dispute without aid of any inference or presumption 2. Circumstantial Evidence Proof of facts from which, taken collectively, the existence of the particular fact in dispute may be inferred as a necessary or probable consequence. Example: Testimony of X that he saw A running away from the place where B is found dead; clothing of A stained with blood, bolo of A stained with blood

23. C. As to its ability to establish the fact in dispute Circumstantial evidence is sufficient for conviction if the following requisites concur: there is more than one circumstance; the facts from which the inferences are derived are established; the combination of all circumstances is such as to warrant a finding of guilt beyond reasonable doubt

24. D. As to weight 1. Primary Evidence Evidence which affords greatest certainty of the fact in question Example: The original copy of the contract as evidence of its contents 2. Secondary Evidence Evidence which is inferior to primary evidence and shows on its face that better evidence exist Example: Copy of contract or testimony of witness as to the contents

25. E. As to the tenor of proof offered 1. Positive Evidence Witness affirms that a fact did or did not occur Example: Testimony of a witness X that he saw A set fire the house of B. 2. Negative Evidence Witness states that he did not see or know the occurrence of a fact. Example: Testimony of X that he was on occasion at the place where the house of B was burned and that he did not see A set the fire on said house.

26. F. As to nature of additional evidence 1. Corroborative Evidence Evidence of the different kind and character, tending to prove the same point. Example: Testimony of X that A died because of stab wounds inflicted by B, corroborated by death certificate. 2. Cumulative Evidence Evidence of the same kind and character as that already given, tending to prove the same proposition. Example: On the issue of capacity of a boy to write a certain paper, the evidence of his classmates and that of his teachers upon the same question.

27. G. As to degree of its value in establishing a disputed fact 1 . Prima facie Evidence Evidence that which suffices for the proof of a particular fact, until contradicted and overcome by other evidence. 2. Conclusive Evidence Evidence which is incontrovertible, or which the law does not allow to be contradicted.

28. H. As to tenor of testimony 1. Ordinary Evidence Evidence which consists of testimonies of witnesses which are derived from his personal knowledge; one derived from his own perception. 2. Character or Reputation Evidence Evidence which attests to one’s character and moral standing in community; generally, one’s character of a party is legally irrelevant in determining the controversy, however, when allowed, character evidence must be limited to the traits and characteristics involved in the type of offense charged. Example: one is charged with falsification; then you present evidence that he falsified his driver’s license. Another thing, in probate of a will.

29. H. As to tenor of testimony 3 . Opinion Evidence Evidence of what the witness thinks, believes or infers in regard to facts in dispute as distinguished from personal knowledge of the facts themselves; rules of evidence do not usually allow witness to testify based on opinions and conclusions. 4 . Expert Evidence Evidence which consists of an opinion of a witness on a matter requiring special knowledge, skill or experience which he is assumed to possess.

30. I. According to source 1.Intrinsic Evidence Information necessary for the determination of an issue that is gleaned from the document itself; 2. Parol / Extrinsic Evidence; Evidence Alliunde Evidence from a source outside the document itself; aliunde means “from outside”;

31. The rules of evidence shall be the same in all courts and in all trials and hearings, except as otherwise provided by law or these rules. Rule 128 , Section 2 - Scope

32. Principle of Uniformity “The rules of evidence shall be the same in all courts and in all trials and hearings, except as otherwise provided by law or these rules.”

33. BASIS CRIMINAL CASE CIVIL CASE As to Burden of Proof The guilt of the accused must be proved beyond reasonable doubt The party having the burden of proof must prove his claim by a preponderance of evidence. As to Concept of Confession Confession is a declaration of an accused acknowledging his guilt The concept of confession does not apply. As to Presumption of Innocence The accused enjoys the constitutional presumption of innocence. The concept of presumption of innocence does not apply and generally there is no presumption for or against a party except in cases provided for by law DIFFERENCE IN RULES ON EVIDENCE IN CRIMINAL CASES AND CIVIL CASES

34. BASIS CRIMINAL CASE CIVIL CASE As to Offer of Compromise GR: An offer of compromise by the accused may be received in evidence as an implied admission of guilt. XPNs: 1. Those involving quasi-offenses (criminal negligence); and 2. Criminal cases allowed by law to be compromised. GR: An offer of compromise is not an implied admission of any liability, and is not admissible in evidence against the offeror. Neither is evidence of conduct nor statements made in compromise negotiations admissible. XPN: Evidence otherwise discoverable or offered for another purpose,

35. Evidence is admissible when it is relevant to the issue and is not excluded by the law of these rules. Rule 128 , Section 3 - Admissibility of evidence

36. Admissibility of evidence ≠ weight of evidence Weight has to do with the effect of evidence admitted; its tendency to convince and persuade. It depends upon its effect in inducing belief on the part of the judge trying the case.

37. When does an evidence considered relevant? In order for an evidence to be considered relevant it must have a relation to the fact in issue as to induce belief in its existence or non existence. The test of relevancy is the most important principle found in the entire law on evidence because evidence having no tendency, whatsoever, to make the existence of a fact of consequence before a tribunal more or less probable than it would be than if evidence would be excluded.

38. How do you know whether party attempts to prove a fact or issue in a case? What determines is SUBSTANTIVE LAW. Prove the elements of the crime. If that piece of evidence is related to the elements and it tends to prove that element, then it is relevant.

39. When does an evidence considered competent? Evidence is competent when it is not excluded by the Constitution, the law, or rules on evidence in a particular case. Example or rules are: Best Evidence Rule (Sec. 3, Rule 130); Parole Evidence Rule (Sec. 9, Rule 130); Hearsay evidence Rule (Sec. 27, Rule 130);

40. Disqualification by reason of marriage (Sec. 22, Rule 130); Disqualification by reason of death or insanity of adverse party (Sec. 23, Rule 130); Disqualification by reason of privileged communication (Sec. 23, Rule 130); Offer of compromise as evidence against offeror (Sec. 27, Rule 130); Disqualification of witness by reason of mental incapacity or immaturity (Sec. 21, Rule 130); Exclusionary provisions in the Constitution.

41. THREE TYPES OF ADMISSIBILITY The following are the different types of admissibility: Multiple Admissibility Conditional Admissibility Curative Admissibility

42. I. Multiple Admissibility When a fact is offered for one purpose, and is admissible in so far as it satisfies all rules applicable to it when offered for that purpose, its failure to satisfy some other rule which would be applicable to it offered for another purpose does not exclude it. In other words, 1 piece of evidence can be admissible in different characters. Example: A private document may be offered and admitted in evidence both as documentary evidence and as object evidence depending on the purpose for which the document is offered. private document can be both object and documentary evidence. If private document is offered to prove its existence for any purpose other than the contents of a document, the same is considered as object evidence. When private document is offered as proof of its contents, the same is considered as documentary evidence

43. II. Conditional Admissibility It is when an evidence is admissible only in dependence upon other facts. It is received on the express assurance of counsel, when objection is manifested, that other facts will be duly presented at a suitable opportunity before the case is closed. Example: Mr. P files an action for recovery of ownership of a parcel of land against Mr. D. The complaint alleges that Mr. P is the owner of the property. During the trial, Mr. P testifies and adduces evidence that a certain O bought the property from D. The testimony of O may be allowed if it would be shown the chain of events that led to the ownership of P of the land.

44. III. Curative Admissibility A party has the right to introduce incompetent evidence in his behalf where the court has admitted the same kind of evidence adduced by the adverse party. This is to prevent manifest injustice. Example: In an action for damages arising from a car accident, the plaintiff introduced evidence to show that on several occasions the defendant in the past had injured pedestrians because of his negligence. (This is inadmissible under Sec. 34 Rule 130- Prior acts as evidence). Under the concept of Curative admissibility the court must give the party against whom the evidence was admitted the chance to contradict or explain the alleged past acts he committed to counteract the prejudice which the improperly admitted evidence may have caused

45. Evidence must have such a relation to the fact in issue as to induce belief in its existence or non-existence. Evidence on collateral matters shall not be allowed, except when it tends in any reasonable degree to establish the probability or improbability of the fact in issue Rule 128 , Section 4 - Relevancy; collateral matters

46. What are collateral matters? Collateral matters are defined as those that are outside the controversy, or are not directly connected with the principal matter or issue in dispute, as indicated in the pleadings of the parties. Logical Connection Test in Collateral Matters Whether the evidence is admissible to show a collateral fact, or where proffered evidence is relevant to a collateral issue

47. Admissible? They are generally not allowed; but however admissible when they tend in any reasonable degree to establish the probability or improbability of the fact in issue (Sec. 3, Rule 128) Facts in issue – facts which a plaintiff must prove in order to establish his claim and those facts which the defendant must prove in order to establish a defense set up by him. Facts relevant to the issue – facts which render probable the existence or non-existence of a fact in issue, or some other relevant fact

48. Q: In a criminal charge for theft against X, the defense presented as evidence, a Marriage Certificate as proof that X is married to the complainant A, his wife. Counsel for A objected to the evidence on the ground of relevance. Should the Marriage Certificate be admitted to evidence?

49. ANS: Yes. Despite the fact that the presentation of marriage certificate is not directly connected with the issue in dispute, i.e., whether X committed the crime of theft, the Marriage Certificate may be admitted as evidence as a collateral matter as it tends, in any reasonable degree, to prove a fact in issue.

50. Art. 332 of the Revised Penal Code exempts from criminal liability from theft committed by spouses, ascendants and descendants, or relatives by affinity. Here, the Marriage Certificate is proof of the fact that X is married to A, and hence would exonerate the former from criminal liability

51. Irrelevant vs. Incompetent vs. Inadmissible vs. Immaterial Evidence

52. Irrelevant - no probative value; No tendency in reason to establish the probability or improbability of a fact in issue. It does not directly relate to a fact in issue. Incompetent - excluded by the rules or any law I nadmissible - not competent and irrelevant Immaterial - the offered evidential fact is directed to prove some probandum which is not properly in issue.

53. A court shall take judicial notice, without the introduction of evidence, of the existence and territorial extent of states, their political history, forms of government and symbols of nationality, the law of nations, the admiralty and maritime courts of the world and their seals, the political constitution and history of the Philippines, the official acts of legislative, executive and judicial departments of the Philippines, the laws of nature, the measure of time, and the geographical divisions. Rule 129 , Section 1 - Judicial notice, when mandatory.

54. Judicial Notice is the cognizance of certain facts which judges may properly take and act upon without need of proof. It is based on considerations of expediency and convenience and displaces the necessity of evidence on a settled matter to save time, labor, and expense in introducing such evidence. Note: Judicial notice is not equivalent to judicial knowledge. A fact may be of judicial notice and not of a judge’s personal knowledge and vice versa

55. Matters of Mandatory Judicial Notice Existence and territorial extent of states; Their political history, forms of government and symbols of nationality; Law of nations; Admiralty and maritime courts of the world and their seals; Political constitution and history of the Philippines l Official acts of legislative, executive and judicial departments National Government of the Philippines; Laws of nature; Measure of time; and Geographical divisions

56. EXAMPLE: Rome Statue( which grants jurisdiction over the International Criminal Court over four main crimes) Commonwealth Act no. 502 or the Charter of Quezon City Adolf Hitler, Kim II Sung Distance of 37 Kilometers between Sibagat , Agusan del sur and Butuan City The people power revolution Minority of a victim who has the physical appearance of a four year old child A day is made up if 24 hours The flag of Canada has a maple leaf in the center

57. A court may take judicial notice of matters which are of public knowledge, or are capable to unquestionable demonstration, or ought to be known to judges because of their judicial functions Rule 129 , Section 2 - Judicial notice, when discretionary

58. A court may take judicial notice of matters which are: Of public knowledge; or Capable of unquestionable demonstration; or Ought to be known to judges because of their judicial functions.

59. Matters which are of Public knowledge; NOTE: Public knowledge refers to matters coming to the knowledge of men generally in the course of ordinary experiences of life, or matters which are generally accepted by mankind as true and are capable of ready and unquestioned demonstration.

60. 2. Capable of unquestionable Demonstration; NOTE: Matters which are capable of unquestionable demonstration are facts, theories and conclusions which have come to be established and accepted by the specialists in the areas of natural science, natural phenomena, chronology, technology, geography, statistical facts, and other fields of professional and scientific knowledge

61. 3. Ought to be known to judges because of their judicial Functions. NOTE: Judicial notice is not judicial knowledge. The mere personal knowledge of the judge is not the judicial knowledge of the court, and he is not authorized to make his individual knowledge of a fact, not generally or professionally known, the basis of his action. Judicial cognizance is taken only of those matters which are “commonly” known

62. REQUISITES OF JUDICIAL NOTICE: The matter must be one of common and general knowledge; It must be well and authoritatively settled and not doubtful or uncertain; and It must be one which is not subject to a reasonable dispute in that it is either: Generally known within the territorial jurisdiction of the trial court; or Capable of accurate and ready determination by resorting to sources whose accuracy cannot reasonably be questionable

63. Note: The principal guide in determining what facts may be assumed to be judicially known is that of notoriety. The t est of notoriety is whether the fact involved is so notoriously known as to make it proper to assume its existence without proof. There must be unconditional acceptance by the public, or that segment of the public where the fact is of relevant importance.

64. Judicial Notice of Foreign Laws GR: Courts cannot take judicial notice of foreign laws. They must be alleged and proved. XPN: When said laws are within the actual knowledge of the court and such laws are: Well and generally known; or Actually ruled upon in other cases before it; and none of the parties claim otherwise

65. Rules on Judicial Notice of Records of another Case previously tried GR: Courts are not authorized to take judicial notice of the contents of the records of other cases, even when such cases have been tried or are pending in the same court, and notwithstanding the fact that both cases may have been heard or are actually pending before the same judge.

66. XPNs: When in the absence of any objection, with the knowledge of the opposing party, the contents of said other cases are clearly referred to by title and number in a pending action and adopted or read into the record of the latter; When the original record of the other case or any part of it is actually withdrawn from the archives at the court’s discretion upon the request, or with the consent, of the parties, and admitted as part of the record of the pending case; When the action is closely interrelated to another case pending between the same parties; Where the interest of the public in ascertaining the truth are of paramount importance; In cases seeking to determine what is reasonable exercise of discretion or whether the previous ruling is applicable in a case under consideration; or Where there is finality of a judgment in another case that was previously pending determination and therefore, res judicata

67. Q: Anna and Badong were accused of killing Cathy. However, only Anna was arrested since Badong went into hiding. After trial, Anna was acquitted of the charge in a decision rendered by Judge Santos. Subsequently, Badong was arrested and brought to trial. After trial, Badong was found guilty of homicide in a decision rendered by Judge Yantok , the judge who replaced Judge Santos after the latter retired. On appeal, Badong argues that Judge Yantok should have taken judicial notice of the acquittal of Anna rendered by Judge Santos. Is Badong correct?

68. A: NO. The appreciation of one judge of the testimony of a certain witness is not binding on another judge who heard the testimony of the same witness on the same matter. Each magistrate who hears the testimony of a witness is called upon to make his own appreciation of the evidence

69. During the trial, the court, on its own initiative, or on request of a party, may announce its intention to take judicial notice of any matter and allow the parties to be heard thereon. After the trial, and before judgment or on appeal, the proper court, on its own initiative or on request of a party, may take judicial notice of any matter and allow the parties to be heard thereon if such matter is decisive of a material issue in the case Rule 129 , Section 3 - Judicial notice, when hearing necessary

70. Purpose of Hearing: Not for the presentation of evidence, but to afford the parties reasonable opportunity to present information relevant to the propriety of taking such judicial notice or the tenor of the matter to be noticed

71. An admission, verbal or written, made by the party in the course of the proceedings in the same case, does not require proof. The admission may be contradicted only by showing that it was made through palpable mistake or that no such admission was made Rule 129 , Section 4 - Judicial admissions

72. Judicial admission is an admission, verbal or written, made by a party in the course of the proceedings. Elements: The same must be made by a party to the case; The admission must be made in the course of the proceedings in the same case; and There is no particular form for an admission-it may be written or verbal.

73. JUDICIAL ADMISSIONS EXTRAJUDICIAL ADMISSIONS Those made in the course of the proceeding in the same case Those made out of court or in a judicial proceeding other than the one under consideration Do not require proof and may be contradicted only by showing that it was made through palpable mistake or that no such admission was made Regarded as evidence and must be offered as such, otherwise the court will not consider it in deciding the case Judicial admissions need not be offered in evidence since it is not evidence. It is superior to evidence and shall be considered by the court as established. Requires formal offer for it to be considered Conclusive upon the admitter Rebuttable

74. How Judicial Admissions are Made Judicial admissions may be made in: The pleadings filed by the parties; The course of the trial either by verbal or written manifestations or stipulations, including depositions, written interrogatories and requests for admissions; or Other stages of the judicial proceedings, as in pre-trial

75. Two Ways in which Admissions are made in Pleadings Actual Admission – When a party categorically admits a material allegation made by the adverse party. Implied Admission – When the admission is inferred from the failure to specifically deny the material allegations in the other party’s pleadings.

76. Effect of Judicial Admissions They do not require proof; and They cannot be contradicted because they are conclusive upon the party making it

77. Admissions made in Pleadings which were NOT filed with the Court Admissions made therein are not judicial admissions: If signed by the party litigant himself or herself – Considered as extrajudicial admission. If signed by the counsel – Not admissible because a counsel only binds his or her client with respect to admissions in open court and in pleadings actually filed with the court.

78. Admissions made in Amended Pleadings Admissions in a pleading which had been withdrawn or superseded by an amended pleading, although filed in the same case, are considered as extrajudicial admissions. Pleadings that have been amended disappear from the record, lose their status as pleadings, and cease to be judicial admissions. To be utilized as extrajudicial admission, they must, in order to have such effect, be formally offered in evidence.

79. Grounds for contradicting Judicial Admissions Upon showing that the admission was made through palpable mistake; or When it is shown that the imputed admission was not, in fact, made. NOTE: This argument may be invoked when the statement of a party is taken out of context or that his statement was made not in the sense it is made to appear by the other party

80. Remedy of a Party who made a Judicial Admission In case of written admission – File a Motion to Withdraw such pleading, or any other written instrument containing such admission; and In case of oral admission – The counsel may move for the exclusion of such admission

81. Admissions in the Pre-trial of Civil Cases vs Admissions in the Pre-trial of Criminal Cases Civil case - Admissions, therefore, in the pre-trial, as well as those made during depositions, interrogatories or requests for admissions, are all deemed judicial admissions because they are made in the course of the proceedings of the case Criminal case - Admission made by the accused in the pre-trial of a criminal case is not necessarily admissible against him or her. To be admissible, the conditions set forth by Sec. 2 of Rule 118 must be complied with.

82. All the agreements or admissions made or entered during the pre-trial conference shall be: Reduced in writing; and 2. Signed by the accused and counsel. Otherwise, they cannot be used against the accused. Sec. 2 of Rule 118

83. Objects as evidence are those addressed to the senses of the court. When an object is relevant to the fact in issue, it may be exhibited to, examined or viewed by the court. Rule 130, Section 1 - Object as evidence

84. Physical evidence is a mute but eloquent manifestation of truth, and it ranks high in our hierarchy of trustworthy evidence—where the physical evidence should prevail

85. Real evidence Demonstrative evidence Autoptic preference; and Physical evidence Object evidence is also known as:

86. The object must be relevant to the fact in issue; The object must be authenticated before it is admitted; The object must not be hearsay; The object must not be privileged; It must meet any additional requirement set by law. (e.g. it must not be the result of an illegal search and seizure) Requisites of Admissibility:

87. Purpose of authentication: To prevent the introduction of an object different from the one testified about 2. To ensure that there has been no significant changes in the object’s condition.

88. For purposes of authentication of an object, object evidence may be classified into: Unique objects - Objects that have readily identifiable marks, e.g. a caliber 38 revolver with a serial number. Objects made unique – are objects that are made readily identifiable, e.g. a typical kitchen knife which the witness can readily identify in court if he claims that he made the thing acquire a unique characteristic by placing identifying marks thereon; Categories of Object Evidence

89. 3. Non-unique objects - these are objects with no identifying marks and cannot be marked, e.g. drops of blood or drugs in powder form Under the third category, the opponent of the evidence must establish a claim of custody. The links to the chain are the people who actually handled or had custody of the object. Each of them must show how he received the object, how he handled it to prevent substitution and how it was transferred to another Categories of Object Evidence

90. Photographs, when presented in evidence, must be identified by the photographer as to its production and testified as to the circumstances under which they were produced. The photographer, however, is not the only witness who can identify the pictures he has taken . The correctness of the photograph as a faithful representation of the object portrayed can be proved prima facie, either by the testimony of the person who made it or by other competent witnesses who can testify to its exactness and accuracy. Photographs

91. Q: In a criminal case for murder, the prosecution offered as evidence, photographs showing the accused mauling the victim with several of the latter’s companions. The person who took the photograph was not presented as a witness. Be that as it may, the prosecution presented the companions of the victim who testified that they were the ones in the photographs. The defense objected to the admissibility of the photographs because the person who took the photographs was not presented as witness. Is the contention of the defense tenable?

92. A:NO, Here, the photographs are admissible as evidence in as much as the correctness thereof was testified to by the companions of the victim

93. Inherent Limitations When the object is irrelevant to the fact in issue, it may be exhibited to, examined or viewed by the court. Thus, it excludes the following: Irrelevant evidence; Illegally obtained evidence Limitations against the use of real evidence may be classified into:

94. 2. Non-Inherent Limitations Relevant evidence may be excluded on the ground that although relevant and authentic, its probative value is exceeded by its prejudicial effect such as the following: a. Indecency and impropriety - Its exhibition is contrary to public morals or decency; b. Undue prejudice; c. Offensiveness to sensibilities; d. Inconvenience and unnecessary expenses - To require its being viewed in court or in ocular inspection would result in delays, inconvenience, or unnecessary expenses which are out of proportion to the evidentiary value of such object;

95. Note: But when the exhibition is necessary to the ends of justice, notions of decency and delicacy of feeling will not be allowed to prevail

96. Documents as evidence consist of writing or any material containing letters, words, numbers, figures, symbols or other modes of written expression offered as proof of their contents Rule 130, Section 2 - Documentary evidence

97. Purpose: To prove the contents of the writing. If offered for some other purpose, the writings or materials would not be deemed documentary evidence but merely object evidence.

98. Illustration: A photocopy of the marked bills used in a buy-bust operation is considered object evidence if it was presented to prove that money actually exchanged hands in the buy-bust operation. However, if the purpose of such a presentation is to prove writings or contents on the bills then it is to be considered as documentary evidence, subject to the best evidence rule

99. Procedure on how to present documentary evidence before the court: (AIMO) It should be Authenticated and proved in the manner provided in the rules of court; It should be Identified and Marked; and It should be formally Offered to the court and shown to the opposing party so that the latter may have the opportunity to object thereto

100. When the subject of inquiry is the contents of a document, no evidence shall be admissible other than the original document itself, except in the following cases: (a) When the original has been lost or destroyed, or cannot be produced in court, without bad faith on the part of the offeror; (b) When the original is in the custody or under the control of the party against whom the evidence is offered, and the latter fails to produce it after reasonable notice; (c) When the original consists of numerous accounts or other documents which cannot be examined in court without great loss of time and the fact sought to be established from them is only the general result of the whole; and (d) When the original is a public record in the custody of a public officer or is recorded in a public office Rule 130, Section 3 - Original document must be produced; exceptions

101. Purpose/s: To prevent and to detect fraud; To exclude uncertainties in the contents of a document. Applicability: The Best Evidence Rule applies only when the terms of a written document are the subject of the inquiry.

102. Where the issue is only as to whether or not such document was actually executed, or exists, or in the circumstances relevant to or surrounding its execution, the best evidence rule does not apply and testimonial evidence is admissible. In this case, the marked money was presented by the prosecution solely for the purpose of establishing its existence and not its contents. Therefore, other substitute evidence, like a xerox copy thereof, is admissible without the need of accounting for the original.

103. Waiver of the Rule: Mere photocopies of documents are inadmissible pursuant to the best evidence rule. Nevertheless, evidence not objected to is deemed admitted and may be validly considered by the court in arriving at its judgment.

104. Question: When a photocopy of a certain document is presented, is it automatically excluded because of the Best evidence Rule?

105. Answer: NO. If the presentation of the photocopied document is only for the purpose of proving the existence, execution, or the delivery of the said photocopied document without any reference as to its terms, such evidence may still be admissible

106. Question: When the original of a document is presented. Is it automatically admitted?

107. Answer: No. It has to undergo the process of authentication, except if the document is a public document.