Evidence MODULE 1 Evidence Definition

COLEGIO DE STA. ANA DE VICTORIAS, INC.
Osmeña Avenue, Victorias City, Negros Occidental, 6119
LEARNING MODULE
BLENDED FLEXIBLE LEARNING
Descriptive Title: CRIMINAL EVIDENCE
Subject Code: CRLJ414
This module is Week 1 of Criminal Evidence.
LEARNING OUTCOMES
At the end of this module, you should be able to familiarize the following Rules on
Evidence:
RULE 128
GENERAL PROVISIONS
Section 1. Evidence defined.
Sec. 2. Scope
Sec. 3. Admissibility of evidence
Sec. 4. Relevancy; collateral matters.
LEARNING RESOURCES
 www.________
 Textbooks
 PDF, PowerPoint
LEARNING INPUTS (LESSONS)
A. CONCEPT OF EVIDENCE
The means, sanctioned by these rules, of ascertaining in a judicial proceeding,
the truth respecting a matter of fact [Sec. 1, Rule 128]
B. SCOPE OF THE RULES OF EVIDENCE [SEC. 2, RULE 128]

General rule: Principle of uniformity
The rules of evidence shall be the same in all courts and in all trials and
hearings.
Exceptions: If otherwise provided by:

Law [e.g. 1987 Constitution, statutes];
Rules of Court.
1
Applicability
The rules of evidence are specifically applicable only in judicial proceedings. [Sec. 1,
Rule 128]
In quasi-judicial proceedings, the same apply by analogy or suppletorily AND

whenever practicable and convenient [Sec. 4, Rule 1], except in cases where the
governing law in the particular proceeding specifically adopts the rules of
evidence in the Rules of Court. [Regalado]
Administrative investigations shall be conducted without necessarily adhering strictly

to the technical rules of procedure and evidence applicable to judicial proceedings [Dela
Cruz v. Malunao (A.M. No. P-11-3019, March 20, 2012)]
Note: There is a different rule for Rules on Electronic Evidence since it covers
quasi-judicial and administrative bodies [Sec. 2, Rule 1, Rules on Electronic
Evidence]
D. PROOF VERSUS EVIDENCE
Proof Evidence
Result or effect Mode and manner of proving
of evidence competent facts in judicial
[Regalado] proceedings [Bustos v. Lucero, G.R. No. L-2068, October 20, 1948]
Other Classifications
Cumulative and Corroborative Evidence
Cumulative Corroborative
Evidence Evidence
Evidence of the same Additional evidence of a
kind and to the same different character to the
state of facts same point
Prima Facie and Conclusive Evidence
Prima Facie Conclusive

Standing alone, Class of evidence
unexplained or which the law does
uncontradicted, is not allow to be
sufficient to maintain the contradicted
proposition affirmed
2
E. FACTUM PROBANS VERSUS FACTUM PROBANDUM
Facrum Probans Facrum Probandum

Facts or material The proposition to be
evidencing the established
proposition
The evidentiary fact The ultimate fact
tending to prove the fact sought to be
in issue established
3 classes of evidence according to form

Object- those addressed to the senses of the court. [Sec. 1, Rule 130]
Documentary - consists of writings 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]
Testimonial - evidence elicited from the mouth of a witness [Riano, citing Black’s
Law Dictionary]
PRIMARY
EVIDENCE SECONDARY
EVIDENCE
Best evidence Substitutionary evidence
That which the law Inferior to primary;
regards as affording permitted only when the
the greatest certainty best evidence is not
of the fact in question available
F. ADMISSIBILITY OF EVIDENCE
Requisites for admissibility of evidence
Evidence is admissible when it is:
Relevant to the issue; and
Competent i.e. not excluded by law or the ROC. [Sec. 3, Rule 128]
When determined
Admissibility is determined at the time the evidence is offered to the court
[Sec 35, Rule 132]
Every objection to the admissibility of evidence shall be made at the time such evidence
is offered, or as soon thereafter as the objection to its admissibility have become
apparent, otherwise the objection shall be considered waived. [Abrenica v. Gonda, 94
Phil. 739]
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F. ADMISSIBILITY OF EVIDENCE
Requisites for admissibility of evidence
Evidence is admissible when it is:
Relevant to the issue; and
Competent i.e. not excluded by law or the ROC. [Sec. 3, Rule 128]
When determined
Admissibility is determined at the time the evidence is offered to the court
[Sec 35, Rule 132]
Every objection to the admissibility of evidence shall be made at the time such evidence
is offered, or as soon thereafter as the objection to its admissibility have become
apparent, otherwise the objection shall be considered waived. [Abrenica v. Gonda, 94
Phil. 739]
In case of:
Testimonial evidence - objection to the qualification of the witness must be made at the
time he is called to the stand and if the witness is qualified, objections should be
raised when the objectionable question is asked or after the answer was given if the
objectionable feature became apparent by reason of such answer.
Object or real evidence - objection must be made either at the time it is presented in
an ocular inspection or demonstration or when it is formally offered.
Documentary evidence – objection must be made at the time it is formally offered.

[Sec. 35 to 37, Rule 132]
Relevance of evidence and collateral matters Relevancy
Evidence is relevant when it has “such a relation to the fact in issue as to induce
belief in its existence or non-existence”.
[Sec. 4, Rule 128]
Determinable by the rules of logic and human experience.
Collateral matters
Matters other than the fact in issue which are offered as a basis for inference as to
the existence or non-existence of the facts in issue [Regalado]
General Rule: Evidence on collateral matters is NOT allowed. [Sec. 4, Rule 128]
Exception: When it tends in any reasonable degree to establish the probability or
improbability of the fact in issue. [Sec. 4, Rule 128]
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NOTE: What is prohibited by the Rules is not evidence of all collateral matters, but
evidence of irrelevant collateral facts. [Regalado]
Circumstantial evidence is the evidence of collateral facts or circumstances from which

an inference may be drawn as to the probability or improbability of the fact in
dispute. They are evidence of relevant collateral facts. [Regalado]
Competence
Evidence is competent when it is not be excluded by (i) law or (ii) the ROC [Sec. 3,
Rule 128]
Determined by the prevailing exclusionary rules of evidence [Regalado]
Exclusionary rules of evidence by law are either constitutional or statutory.
Constitutional exclusionary rules Unreasonable searches and seizures [Sec. 2, Art. III];
privacy of communication and correspondence [Sec. 3, Art. III]; right to counsel,
prohibition on torture, force, violence, threat, intimidation or other means which vitiate
the free will; prohibition on secret detention places, solitary, incommunicado. [Sec. 12,
Art. III]; right against self-incrimination [Sec. 17,Art. III]
Statutory exclusionary rules

Lack of documentary stamp tax to documents required to have one makes such
document inadmissible as evidence in court until the requisite stamp/s shall have
been affixed thereto and cancelled [Sec. 201, NIRC]; Any communication obtained
by a person, not being authorized by all the parties to any private communication,
by tapping any wire/cable or using any other device/arrangement to secretly
overhear/intercept/record such information by using any device, shall not be admissible
in evidence in any judicial / quasi-judicial / legislative/ administrative hearing or
investigation. [Secs. 1 and 4, R.A. 4200 (Wire-Tapping Act)]
Doctrines of admissibility
Multiple admissibility
Where the evidence is relevant and competent for two or more purposes, such
evidence shall be admitted for any or all the purposes for which it is offered, provided
it satisfies all the requisites of law for its admissibility therefor. [Regalado]
Conditional admissibility
Where the evidence at the time of its offer appears to be immaterial or irrelevant
unless it is connected with the other facts to be subsequently proved, such evidence
may be received, on condition that the other facts will be proved thereafter;
otherwise, the evidence already given shall be stricken out.
5
This was applied in the case of People v. Yatco [G.R. No. L-9181, November 28,
1955] subject to the qualification that there should be no bad faith on the part of the
proponent. The qualification appears to avoid unfair surprises. [Regalado]
Curative admissibility
Where the court has admitted incompetent evidence adduced by the adverse party, a
party has a right to introduce the same kind of evidence in his/her behalf. [Regalado]
What determines the rule of curative admissibility:
Whether the incompetent evidence was seasonably objected to - Lack of objection to

incompetent evidence constitutes waiver on the part of the party against whom it
was introduced but the opposing party is not deprived of his right to similar
rebutting evidence; and
Whether the admission of such evidence will cause a plain and unfair prejudice to
the party against whom it was admitted [Regalado]
Direct v. Circumstantial
Direct Evidence Circumstantial
Proves the fact in Proof of a fact/s from which,
dispute without taken either singly or
the aid of any collectively, the existence of
inference or a particular fact in dispute
presumption may be inferred as a
necessary or probable
consequence
Positive Evidence v. Negative Evidence
6
Positive Evidence Negative Evidence
Witness affirms Witness states he/she did
that a fact did or not see or know of the
did not occur occurrence of a fact
Competence v. Credibility
Competence Credibility
Eligibility of evidence to Worthiness of belief;
be received as such “believability”
LEARNING ACTIVITIES
INTRODUCTION
(OVERVIEW)
Instruction:
All Assignments, Quizzes, Reports, Assessments and exams are reserved and will be
given either through messenger, email or Google Classroom.
You contact me through:
1. Messenger: dennis_e_salem@yahoo.com
2. Email: dennis.salem@csav.edu.ph
3. Phone: 09309180331-text me first before calling
7

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COLEGIO DE STA. ANA DE VICTORIAS, INC.

Osmeña Avenue, Victorias City, Negros Occidental, 6119

This module is Week 1 of Criminal Evidence.

LEARNING INPUTS (LESSONS)

B. SCOPE OF THE RULES OF EVIDENCE [SEC. 2, RULE 128]

Exceptions: If otherwise provided by:

In quasi-judicial proceedings, the same apply by analogy or suppletorily AND

Administrative investigations shall be conducted without necessarily adhering strictly

D. PROOF VERSUS EVIDENCE

Prima Facie and Conclusive Evidence

Prima Facie Conclusive

E. FACTUM PROBANS VERSUS FACTUM PROBANDUM

Facrum Probans Facrum Probandum

3 classes of evidence according to form

Documentary evidence – objection must be made at the time it is formally offered.

Relevance of evidence and collateral matters Relevancy

[Sec. 4, Rule 128]

Determinable by the rules of logic and human experience.

Circumstantial evidence is the evidence of collateral facts or circumstances from which

Determined by the prevailing exclusionary rules of evidence [Regalado]

Exclusionary rules of evidence by law are either constitutional or statutory.

Statutory exclusionary rules

What determines the rule of curative admissibility:

Whether the incompetent evidence was seasonably objected to - Lack of objection to

Direct Evidence Circumstantial

Proves the fact in Proof of a fact/s from which,

dispute without taken either singly or

the aid of any collectively, the existence of

inference or a particular fact in dispute

presumption may be inferred as a

Positive Evidence v. Negative Evidence

Positive Evidence Negative Evidence

Witness affirms Witness states he/she did

that a fact did or not see or know of the

did not occur occurrence of a fact

Eligibility of evidence to Worthiness of belief;

be received as such “believability”

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