JOHN LESTHER A.

LOBREDO
BS_CRIMINOLOGY IV

EVIDENCE

1. What is evidence?

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

2. Distinguish evidence from proof?

Evidence is consist of unprocessed data, resources, or information and it is often gathered
and presented by one party to a lawsuit in an attempt to either prove or disprove a particular legal
result while the proof is a statement that is said to be proved when the court, after reviewing the
evidence, either believes it exists or believes its existence is so relevant given the circumstances
of the case that a reasonable person would act on the belief that it exists.

3. What is direct evidence and circumstantial evidence?

Direct evidence is evidence that directly proves a thing if believed by the eyewitness
testimony about anything that would be genuinely observed is usually used for the direct
evidence in criminal cases and circumstantial evidence is also known as indirect evidence, does
not prove that the defendant is guilty of a crime directly, but it is proof of another fact that could
lead to the conclusion or interpretation that the defendant is guilty and it is a support evidence.

4. What is competent evidence and credible evidence?

Competent evidence is used to refer evidence that is relevant and of such nature that it can
be received by a court of law and it refers to evidence that is appropriate and needed to prove the
issue of fact that the parties have made. Competent evidence may also serve as a link to the
subject matter that is to be proved and competent evidence is also known as proper evidence,
admissible evidence, relevant evidence, or legal evidence and the credible evidence is not always
genuine evidence, but evidence worthy of belief, because that is the evidence that the jury should
consider and it is usually natural, reasonable, and likely, making it simple to believe.

5. What is presumptions?
A conclusion of the existence or nonexistence of a fact based on other evidence which
has been admitted and confirmed to be true and after some facts have been proved, a judge or
jury must infer another fact that the law accepts as a reasonable conclusion from the evidence
presented. A presumption is not the same as an inference, which is a conclusion reached by a
judge or jury based on the demonstration of specific facts or evidence and if those facts would
lead a reasonable person of average intellect to the same conclusion.

6. What are the quantum of evidences? Discuss each.

In a proof beyond a reasonable doubt, which is necessary in criminal cases, does
not mean reducing the possibility of error or establishing absolute certainty. Moral proof,
or the degree of proof that causes conviction in an unprejudiced mind, is all that is
required.

In civil law cases, the preponderance of evidence test is often used when a
plaintiff meets their burden of proof by providing evidence that shows their claims have a
greater than 50% possibility of being true, the preponderance of evidence standard
applies. In other words, the burden of proof is met if a claim is shown to be more likely to
be true than not true and evidence which is greater weight or more convincing than that
which is offered in opposition thereto.

Substantial evidence simply put, there is such relevant evidence that a reasonable
mind would accept it as adequate to support a conclusion. When an appellate court is
deciding whether there was substantial evidence, they consider the whole trial record,
including all witness testimony.

7.What is object evidence?

Object 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. There are
the sensual evidence and are grouped into three:
a. Those exhibited to the court or observed by it during the trial. (the weapons use, the
article recovered or seized as subject of an offense, the wound or scars in the body in
physical injury cases)
b. Those which consists of the results of inspection of things or places conducted by the
court outside the court. (also called ocular on-site inspection, objects that cannot be
brought to court so they take picture, sketches or measurement to present in court)
c. Those which consists of the results of experiments, tests or demonstrations. (test is
subject to discretion of the court.)
8.What are the requisites of admissibility for object evidence?

Requisites for the admissibility of an object evidence:

1. The evidence must be relevant.

2. The evidence must be authenticated.
3. The authentication must be made by a competent witness
4. The object must be formally offered.

9.What is documentary evidence?

Its pertaining to writing or any material including letters, words, numbers, figures,
symbols, or other forms of written expression given as proof of their contents are referred to as
documents as evidence.

10. What are the requisites for admissibility of documentary evidence?

Requisites for admissibility of documentary evidence:
1. The document should be relevant
2. The documents should be authenticated and proved in the manner provided in the rules of
court.
3. The documents should be identified and marked.
4. They should be formally offered to the court.

11.Discuss the chain of custody in terms of RA 9165.