CLJ 105

REFLECTION PAPER

Evidence is the foundation of the investigative process, and in order

for the end product to be correctly constructed, evidence must be
recognized, collected, documented, safeguarded, evaluated, analyzed,
revealed, and presented in a court in an acceptable way.

Rule 128, General Provisions. In section 1, we defined what evidence

is. Evidence is the means, sanctioned by the Revised Rules of court, of
ascertaining to a judicial proceeding the truth respecting a matter of fact. As
we know that proof and evidence is just the same but, they have
differences. A fact that reveals something to be genuine or true is referred to
as proof while, evidence is information that can persuade someone that
something is genuine or true. Proof is definitive and conclusive. There are
also classes of evidences, like as to the requirements for admissibility, as to
nature, as to ability to establish the fact in dispute, as to weight, as to tenor
proof offere, as to nature of additional evidence and as to degree of its value
in establishing a disputed fact. These are classes of evidence in which they
also play a vital role in the criminal evidence or in general in criminal justice
system. Section 2, is the scope. It is the best and the highest form of proof.
Section 3, is the admissibility of evidence. In here, we talk about when is
evidence admissible? It is admissible if it is relevant to the problem and is
not prohibited by law or these rules. Before anything else, there are two
requisites must occur in order evidence must be admissible; it must be
relevant to the issue and it must be competent. Evidence is relevant if it
throw light on, or has a logical relationship to, the facts in matters to be
established or denied by one side. On the other hand, when evidence is
excluded by any of the rules of evidence, such as hearsay, it is competent.
Evidence must not only be rationally relevant, but it must also be of
sufficient quality to be admissible in a court of law. The Doctrine of the fruit
of the poisonous tree concept broadens the exclusionary rule by rejecting
any evidence obtained by an unlawful search, seizure, or arrest. Rule 129,
what not to be proved. After the trial and before to judgment or on appeal,
the relevant court may, on its own initiative or at the request of a party,
take judicial notice of any matter and enable the parties to be heard on it if
such matter is decisive of a significant issue in the case. Judicial notice is the
recognition of specific facts that judges may lawfully take and act on without
the need for proof since they are already aware of them. On the other way,
it is a court's acceptance of a fact without the necessity for more standard
evidentiary proof. Judicial admission is an admission, verbal or written made
by a party in the course of the proceedings. Judicial admissions are
conclusive on the party making them. It is not required to be given as
evidence since it is not evidence. It has precedence over evidence and will
be considered by the court as established. And extrajudicial admissions or
other admissions are, in general, and absent the ingredients of estoppel,
disputable. It requires formal offer for it to be considered. Rule 130, rules of
admissibility. There are certain requirements for admissibility of evidences.
The first one is; the accused may prove his good moral character which is
pertinent to the moral trait involved in the offense charged. And the second
one is; unless in rebuttal, the prosecution may not prove his bad moral
character which is pertinent to the moral trait involved in the offense
charged.

We study criminal evidence because some evidence rules are more

commonly seen in criminal cases, others are encountered more regularly in
civil proceedings and still others are encountered on a regular basis in all
types of cases. It is necessary to learn these because the evidence that a
jury or judge sees and hears in a court trial will be used to make a judgment
in the case.