JURISPRUDENCE_Criminal-Evidence-introduction.pptx

Presentation in CRIMINAL EVIDENCE

1. Criminal Evidence Good intentions do not win cases, evidence does. Catacutan vs. People, August 31, 2011

2. Evidence is the means, sanctioned by these rules, of ascertaining in a judicial proceeding the truth respecting a matter of fact.

3. Application GENERAL RULE: Sec. 2, Rule 128 of the Rules of Evidence provides the Rule on Uniformity in the application of the Rules. The same rules shall govern the trial in the lower courts and appellate courts, in civil and criminal cases. The reason is that the search for truth is subject to the same rules. EXCEPTIONS: As to whether the rules on the presentation of evidence shall be applied strictly: Cases covered by Regular Procedure – the rules apply strictly Cases covered by the Rules on Summary Procedure – the rules are relaxed and the procedure is abbreviated.

4. CLASSES OF EVIDENCE a. Relevant – evidence is relevant when it has a tendency in reason to establish the probability or improbability of a fact in issue. Test of relevancy: determinable by rules of logic and human experience b. Competent – evidence is competent when it is not excluded by law in a particular case.  c. Testimonial – the testimony of a witness, usually on oath or affirmation, given by his word of mouth in the witness stand. Testimonial evidence commands greater weight than sworn statements because testimonies given during trial are more exact and elaborate.

5. d. Documentary – documents as evidence consist of writings or any material containing letters, words, numbers, figures, symbols or other modes of written expressions offered as proof of their contents. e. Object –  also known as “real evidence” or “physical evidence”; those which are addressed to the senses of the court f. Direct – evidence which proves the fact in dispute without the aid of any inference or presumption. g . Circumstantial – proof of facts from which, taken collectively, the existence of the particular fact in dispute may be inferred as a necessary or probable consequence.  h. Primary – evidence which affords the greatest certainty of the fact in question.  i . Secondary – evidence which is inferior to primary evidence and shows on its face that better evidence exists.

6. j. Positive – when a witness affirms that a fact did or did not occur. k. Negative – when the witness states that he did not see or know the occurrence of a fact.  l. Corroborative – additional evidence of a different kind and character, tending to prove the same point.  m. Cumulative – evidence of the same kind and character as that already given tending to prove the same proposition.  n. Prima facie – that which suffices for the proof of a particular fact, until contradicted and overcome by other evidence. o. Conclusive – that which is incontrovertible.  p. Rebuttal – that which is given to explain, repel, counteract or disprove facts given in evidence by the adverse party.

7. q. Sur-rebuttal – when plaintiff in rebuttal is permitted to introduce new matter, defendant should be permitted to introduce evidence in sur-rebuttal, and to decline to permit him to do so is error, especially where the evidence offered in sur-rebuttal is for the first time made competent by the evidence introduced by plaintiff in rebuttal but defendant should ask for the right to meet the new matter.  r. Expert – the testimony of one possessing in regard to a particular subject or department of human activity, knowledge not usually acquired by other persons.  s. Substantial – that amount of relevant evidence which a reasonable mind might accept as adequate to support a conclusion.

8. Factum probandum – the proposition to be established Factum probans – the material evidencing the proposition

9. QUANTUM OF EVIDENCE PROOF BEYOND REASONABLE DOUBT CLEAR AND CONVINCING PROOF SUBSTANTIAL EVIDENCE PREPONDERANCE OF EVIDENCE

10. PROOF BEYOND REASONABLE DOUBT In this jurisdiction, no less than proof beyond reasonable doubt is required to support a judgment of conviction. While the law does not require absolute certainty, the evidence presented by the prosecution must produce in the mind of the Court a moral certainty of the accused's guilt. When there is even a scintilla of doubt, the Court must acquit.

11. CLEAR AND CONVINCING PROOF It is less than proof beyond reasonable doubt (for criminal cases) but greater than preponderance of evidence (for civil cases).

12. SUBSTANTIAL EVIDENCE It is more than a mere scintilla of evidence. It means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.

13. Preponderance of Evidence Evidence which is of greater weight, or more convincing that that which is offered in opposition to it.

14. Civil Proceedings Criminal Proceedings Quantum of Evidence Preponderance of evidence Proof of guilt of the accused beyond reasonable doubt Presence of Parties the attendance of the parties is not required and they attend on their own volition the presence of the accused is required unless he waived the same Effect of the Absence of Party except during pre-trial, the proceedings may proceed even in the absence of the parties the trial cannot proceed if the accused was not notified Rule on Confessions this applies only in criminal cases Offer of Compromise by the defendant it does not imply any liability in civil cases the offer is an implied admission of guilt Presumption of Innocence this applies only in criminal cases

15. Admissibility of evidence Evidence is admissible when it is relevant to the issue and is not excluded by the Constitution, the law or these rules.

16. Two axioms of admissibility None but facts having rational probative value are admissible; All facts having rational probative value are admissible unless some specific law or rule forbids.

17. RELEVANCY Evidence must have such a relation to the fact in issue as to induce belief in its existence or non-existence.

18. COLLATERAL MATTERS 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.

19. COMPETENCY Evidence is not excluded by the Constitution, the law or by these rules.

20. Principles which exclude relevant or material evidence The exclusionary rule principle; The doctrine of the fruit of the poisonous tree.

21. FACTS IN ISSUE – those facts which must be proved in order to establish a claim or defense FACTS RELEVANT TO THE ISSUE – those facts which render probable the existence or non-existence of a fact in issue

22. MULTIPLE ADMISSIBILITY – evidence may be logically relevant in some aspects, as leading to different inferences

23. CONDITIONAL ADMISSIBILITY – The relevancy and admissibility of evidence of a particular fact hinges upon the proof of other facts not yet evidenced, and the party is unable to introduce them both at the same moment. When the adversary objects to the relevancy or competency of the offered fact, the court permits the admission of the evidence conditionally, upon the assurance of the offering counsel that he will connect the tendered evidence by proving later on the missing facts.

24. Curative admissibility Suppose one party offers an inadmissible fact which is received, may the opponent afterwards offer similar inadmissible facts on the sole ground that they negate or explain or counter-balance the prior inadmissible fact?

25. Rule 129: What need not be proved A party may be relieved from presenting evidence on certain matters, such as:  Matters or facts subject of judicial notice Matters or facts subject of judicial admission Matters or facts which are legally presumed Matters or facts stipulated upon Matters or facts which are exclusively within the knowledge of the opposing party Matters or facts which are irrelevant Matters or facts in the nature of negative allegations subject to certain exceptions.

26. “He who alleges, not he who denies, must prove”

27. Judicial Notice Definition: 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. Function of judicial notice It displaces evidence since, as it stands for proof, it fulfills the object which evidence is designed to fulfill and makes evidence unnecessary. Purpose : To save time, labor, and expenses. It is based on expediency and convenience.

28. Is there a difference between actual knowledge and judicial notice?

29. Mandatory judicial notice: Existence and territorial extent of states; Political history of states; 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; Official acts of the legislative, executive and judicial department of the National Government of the Philippines; The laws of nature; The measure of time; and The geographical divisions.

30. MANDATORY JUDICIAL NOTICE 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, official acts of the legislative, executive and judicial department of the National Government of the Philippines, the laws of nature, the measure of time, and the geographical divisions.

31. Discretionary judicial notice 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.

32. Judicial notice, when hearing necessary During the pre-trial and the trial, the court, motu proprio or upon motion, shall hear the parties on the propriety of taking judicial notice of any matter. Before judgment or on appeal, the court, motu proprio or upon motion, may take judicial notice of any matter and shall hear the parties thereon if such matter is decisive of a material issue in the case.

33. Judicial admissions An admission, oral 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 the imputed admission was not, in fact, made.

34. Rule 130: Rules of Admissibility Admissibility The character or quality which any material must necessarily possess for it to be accepted and allowed to be presented or introduced as evidence in court. Axioms of Admissibility None but facts having rational probative value are admissible – RELEVANCY All facts having rational probative value are admissible unless some specific law or rule forbids) – COMPETENCY

35. OBJECT AS EVIDENCE 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.

36. DOCUMENTARY EVIDENCE Documents as evidence consist of writings, recordings, photographs, or any material containing letters, words, sounds, numbers, figures, symbols, or their equivalent, or other modes of written expression offered as proof of their contents. Photographs include still pictures, drawings, stored images, x-ray film, motion pictures or videos.

37. Original Document Rule General Rule: When the subject of inquiry is the contents of a document, writing, recording, photograph or other record, no evidence is admissible other than the original document itself.

38. Original Document Rule Exceptions: When the original is lost or destroyed, or cannot be produced in court, without bad faith on the part of the offeror; 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, or the original cannot be obtained by local judicial processes or procedures; 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;  When the original is a public record in the custody of a public officer or is recorded in a public office; and When the original is not closely-related to a controlling issue.

39. Original of a document An “original” of a document is the document itself or any counterpart intended to have the same effect by a person executing or issuing it. An “original” of a photograph includes the negative or any print therefrom. If data is stored in a computer or similar device, any printout or other output readable by sight or other means, shown to reflect the data accurately, is an “original”.