NOTES IN CRIMINAL

EVIDENCE

ATTY. MARK STEPHEN S. GUITTU, MPA

Part-time Instructor - UCV
CONSTITUTIONAL PROVISIONS IN RELATION
TO THE RULES ON EVIDENCE
1. DUE PROCESS OF LAW:
• Sec. 1 Art. III of the 1987 Philippine Constitution provides that “No person
shall be deprived of life, liberty, or property without due process of law x x
x.”
• The essence of due process is reasonable opportunity to be heard and
submit one’s evidence.
2. EQUAL PROTECTION OF LAW:
• Sec. 1 Art. III of the 1987 Philippine Constitution provides that “x x x Nor shall
any person be denied equal protection before the laws.”
• Equal protection simply provides that all persons or things similarly situated
should be treated in a similar manner, both as to rights conferred and
responsibilities imposed.
3. RIGHT AGAINST UNREASONABLE SEARCHES AND SEIZURE:
• Sec. 2, Art. III of the 1987 Philippine Constitution provides that “The right of
the people to be secured in their persons, houses, papers and effects
against unreasonable searches and seizure of whatever nature and purpose
shall be inviolable, and no search warrant or warrant of arrest shall issue
except upon probable cause to be determined personally by the judge after
examination under oath or affirmation of the complainant and the
witnesses he may produce, and particularly describing the place to be
search and the person and things to be seized.”
• REQUISITES FOR THE ISSUANCE OF A SEARCH WARRANT OR WARRANT OF
ARREST.
a. Upon probable cause;
b. It shall be determined personally by the judge after examination under oath or
affirmation of he complainant and the witnesses he may produce; and
c. Particularly describing the place to be searched and the persons and things to be
seized.
 • VALID WARRANTLESS SEARCH:
1. Warrantless search incidental to a lawful arrest;
2. Seizure of evidence in plain view;
3. Search of a moving vehicle;
4. Consented warrantless search;
5. Customs search;
6. Stop and frisk; and
7. Exigent and emergency circumstances.
4. RIGHT TO PRIVACY OF COMMUNICATION AND CORRESPONDENCE:
• Sec. 3, Art. III of the 1987 Philippine Constitution provides that “(1) The
privacy of communication and correspondence shall be inviolable except
upon lawful order of the court, or when public safety and order requires
otherwise as prescribed by law.
• (2) Any evidence obtained in violation of this or the preceding section shall
be inadmissible for any purpose in any proceeding.”
 • The privacy of communication and correspondence shall be inviolable except:
1. Upon lawful order of the court; or
2. When public safety and order requires otherwise as prescribed by law
• Any violation shall be inadmissible for any purpose in any proceeding
5. RIGHTS DURING CUSTODIAL INVESTIGATION (MIRANDA RIGHTS)
• Sec. 12, Art. III of the Constitution provides that “(1) Any person under investigation for
the commission of an offense shall have the right to be informed of his right to remain
silent and to have competent and independent counsel preferably of his own choice. If
the person cannot afford the services of counsel, he must be provided with one. These
rights cannot be waived except in writing and in the presence of counsel.
• (2) No torture, force, violence, threat, intimidation, or any other means which vitiate
the free will shall be used against him. Secret detention places, solitary,
incommunicado, or other similar forms of detention are prohibited.
• (3) Any confession or admission obtained in violation of this or Section 17 hereof shall
be inadmissible in evidence against him.
• (4) The law shall provide for penal and civil sanctions for violations of this section as
well as compensation to and rehabilitation of victims of torture or similar practices,
and their families.”
• The rights of the person under custodial investigation are:
1. The right to be informed of his right to remain silent;
2. To have competent and independent counsel preferably of his own choice. If the
person cannot afford the services of counsel, he must be provided with one. These
rights cannot be waived except in writing and in the presence of counsel;
3. The right against torture, force, violence, threat, intimidation, or any other means
which vitiate the free will shall be used against him;
4. The right against secret detention places, solitary, incommunicado, or other similar
forms of detention is prohibited;
5. Any confession or admission obtained in violation of this or Section 17 hereof shall be
inadmissible in evidence against him;
6. The law shall provide for penal and civil sanctions for violation of this section as well as
compensation to and rehabilitation of victims of torture or similar practices, and their
families.
CUSTODIAL INVESTIGATION
• Involves any questioning initiated by law enforcement officers after a person has been
taken into custody or otherwise deprived of his freedom of action in any way.
 • Confession made by the accused spontaneously and voluntarily to a police
officer not during custodial investigation is admissible in evidence even if
done without the assistance of a lawyer, and it is not in violation of his
constitutional right under Sec. 12(1), Art. III of the Constitution.
• Rights in custodial investigation applies only to admissions made in a criminal
investigation but not to those made in an administrative investigation.
6. RIGHT TO BAIL
• Sec. 13, Art. III of the Constitution provides that “All persons, except those
charged with offenses punishable by reclusion perpetua when evidence of
guilt is strong, shall, before conviction, be bailable by sufficient sureties, or
be released on recognizance as may be provided by law. The right to bail shall
not be impaired even when the privilege of the writ of habeas corpus is
suspended. Excessive bail shall not be required.”
7. RIGHTS OF THE ACCUSED
• Sec. 14, Art. III of the Constitution provides that:
• (1) No person shall be held to answer for a criminal offense without due
process of law.
• (2) In all criminal prosecutions, the accused shall be presumed innocent until
the contrary is proved, and shall enjoy the right to be heard by himself and
counsel, to be informed of the nature and cause of the accusation against
him, to have a speedy, impartial, and public trial, to meet the witnesses face
to face, and to have compulsory process to secure the attendance of
witnesses and the production of evidence in his behalf. However, after
arraignment, trial may proceed notwithstanding the absence of the accused
provided that he has been duly notified and his failure to appear is
unjustifiable.
8. RIGHT TO SPEEDY DISPOSITION OF CASES
• Sec. 16, Art. III of the Constitution provides that “All persons shall have the
right to a speedy disposition of their cases before all judicial, quasi-judicial,
or administrative bodies.”
• The purpose of speedy disposition of cases is to stem the tide of
disenchantment among the people in the administration of justice by our
judicial and quasi-judicial tribunals.
9. RIGHT AGAINST SELF-INCRIMINATION
• Sec. 16, Art. III of the Constitution provides that “No person shall be
compelled to be a witness against himself.”
• The right against self-incrimination simply means that “No person shall be
compelled to be a witness against himself.”
10. RULE-MAKING POWER OF THE SUPREME COURT
• Sec. 5(5), Art. VIII of the Constitution provides for the rule-making power of
the Supreme Court which provides (5) Promulgate rules concerning the
protection and enforcement of constitutional rights, pleading, practice, and
procedure in all courts, the admission to the practice of law, the Integrated
Bar, and legal assistance to the underprivileged. Such rules shall provide a
simplified and inexpensive procedure for the speedy disposition of cases,
shall be uniform for all courts of the same grade, and shall not diminish,
increase, or modify substantive rights. Rules of procedure of special courts
and quasi-judicial bodies shall remain effective unless disapproved by the
Supreme Court.
• The Supreme Court has the power to amend, repeal or even establish new
rules for a more simplified and inexpensive process, and the speedy
disposition of cases.
EVIDENCE
• Sec. 1. Evidence defined – Evidence is the means, sanctioned by these
rules, of ascertaining in a judicial proceeding the truth respecting a
matter of fact.
• Distinction between evidence and proof:
Evidence Proof
a) Evidence is the medium of proof or the a) Proof is the effect or end result of evidence.
means sanctioned by the rules in ascertaining
the truth respecting a matter of fact.

• Distinction between factum probandum and factm probans:

Factum Probandum Factum Probans
a) Factum probandum is the ultimate fact a) Factum probans is the evidentiary fact or
sought to be established facts by which factum probandum is to be
established.
NATURE OF THE RULES ON EVIDENCE
• The nature of the Rules on Evidence is procedural in character, it does not
confer rights, and can be waived. It can be the subject of stipulation of the
parties provided it is not contrary to law, morals, and public policy.

KINDS OF EVIDENCE
a) Object or Real Evidence
• Is the kind of evidence which is directly addressed to the senses of the court
and consists of tangible things exhibited, viewed, or demonstrated in open
court.
b) 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.
c) TESTIMONIAL EVIDENCE
• Is an oral evidence given by the witness on the witness stand or in any
proceeding.
d) DIRECT EVIDENCE
• Is the kind of evidence if believed proves the fact in issue.
e) CIRCUMSTANTIAL EVIDENCE
Is that evidence which proves a fact or series of facts from which the facts in
issue may be established by inference.
f) DEMONSTRATIVE EVIDENCE
• Is the kind of evidence which demonstrates the real thing.
g) CORROBORATIVE EVIDENCE
• Is the kind of evidence which merely supplements evidence which has
already been given tending to strengthen the same.
h) CUMULATIVE EVIDENCE
• Is the kind of evidence which is of the same kind and character tending to
prove the same proposition.
i) POSITIVE EVIDENCE
• Is the kind of evidence in which a witness affirms that a fact did or did not
exist.
j) NEGATIVE EVIDENCE
Is an evidence/testimony that a certain fact did not exist.
k) PRIMA FACIE EVIDENCE
• means an evidence which is sufficient to established a fact or raise a
presumption unless disproved or rebutted.
l) CONCLUSIVE EVIDENCE
• Is an evidence which establishes a fact.
m) SUBSTANTIAL EVIDENCE
• The level of relevant evidence which a reasonable mind might accept as
adequate to justify a conclusion.
• Quantum of evidence required in proceedings before administrative and
quasi-judicial bodies.
n) PREPONDERANCE OF EVIDENCE
• Is the weight, credit, and value of evidence on either side usually synonymous
with greater weight of evidence.
• Quantum of evidence required in civil cases.
o) PROOF BEYOND REASONABLE DOUBT
• The required quantum of evidence in order to convict an accused in criminal
cases.
• A judgment of conviction must rest on moral certainty in an unprejudiced
mind that it was the accused who committed the crime, failing to meet such
requirement, the accused must be acquitted.
p) CLEAR AND CONVINCING EVIDENCE
• A kind of evidence which establishes in the minds of a trier of facts a firm
belief on the existence of the fact in issue.
q) COMPETENT EVIDENCE
• Is the kind of evidence which is not otherwise excluded by the law or by the
rules.
r) INCOMPETENT EVIDENCE
• Is the kind of evidence which is excluded by the law or by the rules.
s) RELEVANT EVIDENCE
• Is the kind of evidence which has a relation to the fact in issue.
t) MATERIAL EVIDENCE
• Evidence directed to prove a fact in issue as determined by the rules on
substantive law and pleadings.
u) REBUTTAL EVIDENCE
• Any evidence to explain, expel, counteract or disproved adversary’s proof.
v) SUR-REBUTTAL EVIDENCE
• Evidence in reply to or to rebut new matter introduced in rebuttal.
w) PRIMARY EVIDENCE
• A kind of evidence which assures the greatest certainty of fact sough to proved,
and which does not in itself, indicate the existence of other and better proof.
x) SECONDARY EVIDENCE
• Is any evidence other than the document itself.
y) EVIDENCE-IN-CHIEF
• Is the primary and main evidence presented by the parties to prove their cause or
defense
z) NEWLY DISCOVERED EVIDENCE
• A material evidence discovered after trial which could not be discovered at the trial
even with the exercise of due diligence and which affects the merits of the case and
produce different result if admitted.
HIERARCHY OF EVIDENCE
• In the hierarchy of evidentiary values, proof beyond reasonable doubt
is at the highest level, followed by clear and convincing evidence,
then by preponderance of evidence, and lastly by substantial
evidence, in that order.
CASES WHICH ARE NOT DIRECTLY GOVERNED BY THE RULES ON EVIDENCE:
Sec. 4, Rule I of the 1997 Rules of Civil Procedure provides for the rule
on the non-applicability of the provisions of the Rules of Court inclusive
of the Rules of Evidence:
a) Election cases;
b) Land Registration cases;
c) Cadastral proceedings
d) Naturalization proceedings
e) Insolvency proceedings
f) Other cases not mentioned in Sec. 4 of Rule 1;
g) Labor cases; and
h) Impeachment cases.
ADMISSIBILITY OF EVIDENCE
Sec. 3, Rule 128 of the 2019 Revised Rules on Evidence states that
“Evidence is admissible when it is relevant to the issue and is not
excluded by the Constitution, law or these rules.”

Requisites for the Admissibility of Evidence:

a) It must be relevant to the issue sought to proved; and
b) It must be competent or not otherwise excluded by the
Constitution, law or these rules.
EXAMPLES OF EVIDENCE WHICH ARE INCOMPETENT OR EXCLUDED BY
THE CONSTITUTION, LAW, OR THE RULES:
a) Evidence obtained in violation of Sec. 2, Art. III Constitution on
search and seizure;
b) Evidence obtained in violation of Sec. 3, Art. III Constitution on the
right to privacy of communication and correspondence;
c) Evidence obtained in violation of Sec. 12, Art. III Constitution in case
of arrest and custodial investigation;
d) Evidence obtained in violation of Sec. 17, Art. III Constitution on the
right of the person against self-incrimination;
e) Those obtained in violation of the Anti-Wire Tapping Law (R.A.
4200);
f) Those obtained in violation of the Human Securities Act (R.A. 9372);
g) Object evidence in violation of the Chain of Custody Rule;
h) Documentary evidence in violation of the Best Evidence Rule;
i) Evidence in violation of the Parol Evidence Rule;
j) Testimonial evidence obtained in violation of Sec. 21, 22, 23, and 24
of Rule 130 on disqualified witness;
k) Testimonial evidence in violation of Hearsay Evidence Rule;
l) Evidence in violation of Opinion Rule;
m) Evidence in case of violation of the Sexual Shield Abuse Rule.
KINDS OF ADMISSIBILITY
a. 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 receive on condition that the other facts will be proved thereafter, otherwise
the evidence already given will be stricken out.
b. MULTIPLE ADMISSIBILITY
• Where the evidence is relevant and competent for two or more purposes, such
evidence should be admitted for any or all the purposes for which it is offered
provided it satisfies all the requirements of law for its admissibility therefore.
c. CURATIVE ADMISSIBILITY
• This doctrine treats upon the right of a party to introduce incompetent evidence in
his behalf where the court has admitted the same kind of evidence adduced by the
adverse party.
• REQUISITES:
a. Whether the incompetent evidence was seasonably objected to;
b. Whether, regardless of the objection, the admission of such evidence will cause a plain and
unfair prejudice to the party against whom it was admitted.
WHEN TO DETERMINE ADMISSIBILITY OF EVIDENCE:
a) At the time it is offered to the court (Sec. 35, Rule 132);
b) In case of object evidence, when it is presented in court for its
viewing or evaluation;
c) In case of testimonial evidence, at the time the witness is called on
the witness stand;
d) In case of documentary evidence, when it is formally offered and
before resting of the case.
DISTINCTION BETWEEN ADMISSIBILITY OF EVIDENCE AND WEIGHT OF EVIDENCE:
Admissibility of Evidence Weight of Evidence
a) The admissibility of evidence depends on its a) Weight of evidence pertains to evidence already
relevance and competence. admitted and its tendency to convince and
b) Admissibility refers to the question of whether persuade.
certain pieces of evidence are to be considered b) Weight of evidence refers to the question of
at all. whether the admitted evidence proves an issue.

DISTINCTION BETWEEN ADMISSIBILITY OF EVIDENCE AND CREDIBILITY OF

EVIDENCE:
Admissibility of Evidence Credibility of Evidence
a) Admissibility of evidence refers to the duty of a) Credibility of evidence refers to the worthiness
the court to receive or allow the evidence of belief of the evidence
RELEVANCY AND COLLATERAL MATTERS
Sec. 4, Rule 128 Revised Rules on Evidence provides for the rules on the
relevancy of evidence and collateral matters. It states that:
“Sec. 4 Relevancy; collateral matters. – 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.”
➢Evidence in order to be relevant must:
1. Have a relation to the fact in issue; and
2. It will induce belief in its existence or non-existence
➢Evidence on collateral matter shall not be allowed, except when it
tends in any reasonable degree to establish the probability or
improbability of the fact in issue.
RELEVANCY OF EVIDENCE COMPETENCY OF EVIDENCE
• In relevancy the evidence must have a relation to • In competency the evidence must not be
the fact in issue as to induce belief as to its excluded by law or by the rules
existence or non-existence.

➢The test is satisfied if there is some logical connection either directly

or by inference between the fact offered and the fact to be proved.
RULE 129: WHAT NEED NOT BE PROVED
• JUDICIAL NOTICE
• Means that “What is known need not be proved”
• It means no more than the court will bring to its aid and consider without
proof of the facts, its knowledge of those matters of public concern which are
known by all well-informed persons.
• The cognizance of certain facts which judges may properly take and act on
without proof because they already know them
• Judicial notice by the court is made for the purpose of:
• Taking the place of proof in connection with the issue in the case; and
• It will abbreviate the proceedings
• Requisites of judicial notice:
a) That it must be a matter of general or common knowledge;
b) That it must be well and authoritatively settled and doubtful, and
uncertain;
c) That it must be known to be within the limits of the jurisdiction of the
court.
• Principle behind judicial notice:
a) Convenience – considering that the parties will be relieved of its duty to
present proof on facts which is already judicially known to the judge; and
b) Expediency – considering that trial will be more speedy and expeditious
since facts already known to the judge requires no more presentation of
proof.
• The doctrine of judicial notice rests on the wisdom and discretion of
the courts which must be exercised with caution.
WHEN IS JUDICIAL NOTICE MANDATORY:
• A court shall take judicial notice mandatorily, without the introduction of evidence on the
following matters:
a. The existence and territorial extent of states;
b. Their political history;
c. Forms of government and symbols of nationality;
d. The law of nations;
e. The admiralty and maritime courts of the world and their seals;
f. The political constitution and history of the Philippines;
g. The official acts of legislative, executive, and judicial departments of the National Government of the
Philippines;
h. The laws of nature;
i. The measure of time; and
j. The geographical divisions.
• Other matters the court should take judicial notice:
1. Amendment to the Rules of Court;
2. Decision of the Supreme Court;
3. Official acts or declaration of the President;
4. Banking practices;
5. Financial status of the government
6. Powers of the President; and
7. Court records.
WHEN JUDICIAL NOTICE DISCRETIONARY:
a) The court may take judicial notice of the following matters:
b) Those matters which are of public knowledge; or
c) Matters which are capable to unquestionable demonstration; or
d) Matters which are ought to be known to judges because of their
judicial functions.
• As a general rule, courts are not authorized to take judicial notice of the
contents of the records of other cases, except that in the absence of
objection and as a matter of convenience to all parties, a court may
properly treat all or any part of the original record of the case.
Requirements for the court to take judicial notice of foreign laws:
General Rule
1. The issue involved is one of fact and not of law; and
2. The foreign law must be proved like any other fact.
Exceptions:
1. When the court has actual knowledge of the foreign laws;
2. When the court has already ruled upon in a case involving the said foreign law.
Rationale:
• The reason is the fact that our courts cannot take judicial notice of the foreign law
Doctrine of Presumed-Identity Approach or Processual Presumption
• Foreign law not pleaded or, even if pleaded, is not proved, the presumption is
that foreign law is the same as ours.
• The doctrine of processual presumption is not applicable in case of recognition of
foreign divorce since it is not recognized in the Philippines, and in the absence of the
seal of the office where it was obtained.
• JUDICIAL ADMISSIONS
• An admission, verbal or written, made by a party in the course of the proceedings in
the same case, which dispenses with the need for proof with respect to the matter
or fact admitted.
• Rule on judicial admission:
• An admission 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.
• REQUISITES FOR A VALID JUDICIAL ADMISSION
• It must be definite, certain, and unequivocal
• REMEDY IN CASE ADMISSION IN A PLEADING THROUGH PALPABLE MISTAKE:
• Admission in a pleading even if not shown to be made through “palpable mistake” can
still be corrected or amended provided that the amendment is sanction under Rule 10
of the Rules of Court.
• When judicial admission is made:
• A party may make judicial admissions in: (a) the pleadings; (b) during the trial,
either by verbal or written manifestations or stipulations; or (c) in other stages
of the judicial proceedings.
• EFFECTS OF JUDICIAL ADMISSION:
• Judicial admission conclusively binds the party making it and cannot
thereafter take a position contradictory to, or inconsistent with his
pleadings
• Effect of judicial admissions in the pleading:
• An admission made in the pleadings cannot be controverted by the party
making such admission and are conclusive as to such party, and all proofs to
the contrary or inconsistent therewith should be ignored, whether objection
is interposed by the party or not.
• Effect if extrajudicial confession made by a co-conspirator is repeated in
court:
• If the declarant repeats the statement in court, his extrajudicial confession
becomes a judicial admission, making the testimony admissible as to both
conspirators.
 DISTINCTION BETWEEN ADMISSION AND JUDICIAL ADMISSION
JUDICIAL ADMISSION
a) Judicial admission is an admission, verbal
or written, made by a party in the course
of the proceedings in the same case
b) Judicial admission does not result in
liability
c) Judicial admission may be express or
implied
d) Judicial admission is more of a broader
scope which includes judicial confession
e) Judicial admission may be made by any
party
JUDICIAL CONFESSION
a) Judicial confession is an acknowledgment
of one’s guilt in the same case
b) Judicial confession connotes admission of
one’s liability
c) Judicial confession is always express or
tacit
d) Judicial confession is only limited to the
confession of a person
e) Judicial confession can only be made by
the accused in a criminal proceeding
DISTINCTION BETWEEN JUDICIAL ADMISSION AND EXTRAJUDICIAL
ADMISSION
JUDICIAL ADMISSION EXTRAJUDICIAL ADMISSION
a. Judicial admission is an admission a. Extrajudicial admission is an admission
made in the same case made in another case or out of court
admission
b. Judicial admission need not be proven b. Extrajudicial admission needs to be
by the party being conclusive on the alleged and proved like any other fact
part of the admitter, unless it was
made through palpable mistake or
when there is no admission made
INSTANCES WHERE JUDICIAL ADMISSIONS CAN BE MADE:
1. Admissions made in the pleadings;
2. Admissions made during pre-trial conference;
3. Admissions made in motions filed before the court;
4. Admissions made by the witness on the witness stand;
5. Admissions made in answer to written request for admissions;
6. Admissions made in the answer in the written interrogatories;
7. Admissions made in open court during trial;
8. Admissions on testimonies, deposition, and affidavits;
9. Agreement of facts by the parties.
REMEDY OF THE PERSON MAKING AN IMPLIED ADMISSION:
• A party making an implied admission can file before the court a
Motion to be Relieved of Implied Admission.
IMPLIED ADMISSION IN RELATION TO OFFER OF COMPROMISE IN
CRIMINAL CASES:
• Sec. 27, Rule 130 of the Revised Rules on Evidence provides for the
rules on the offer of compromise. It states that:
“Sec. 27. Offer of compromise not admissible. – xxx In criminal
cases, except those involving quasi-offenses (criminal
negligence) or those allowed by law to be compromised, an
offer of compromise by the accused may be received in
evidence as an implied admission of guilt.”
JUDICIAL ADMISSION IN RELATION TO PLEA OF GUILTY TO A LESSER
OFFENSE:
• Sec. 2, Rule 116 of the Rules on Criminal Procedure provides:
“Sec. 2. Plea of guilty to a lesser offense. – At the arraignment, the
accused, with the consent of the offended party and the prosecutor, may be
allowed by the trial court to plead guilty to a lesser offense which is
necessarily included in the offense charged. After arraignment but before
trial, the accused may still be allowed to plead guilty to said lesser offense
after withdrawing his plea of not guilty. No amendment of the complaint or
information is necessary.
• Nature of the plea of guilty to a lesser offense by the accused:
• In case the accused pleads guilty to a lesser offense, it is equivalent to a
judicial admission of an offense and all the ingredients necessarily
included in the offense charged contained in the former information.
JUDICIAL ADMISSION IN RELATION TO PLEA OF GUILTY TO A CAPITAL
OFFENSE:
• Sec. 3, Rule 116 of the Rules on Criminal Procedure:
“Sec. 3. Plea of guilty to capital offense; reception of evidence. –
When the accused pleads guilty to a capital offense, the court shall
conduct a searching inquiry into the voluntariness and full comprehension
of the consequences of his plea and shall require the prosecution to prove
his guilt and the precise degree of culpability. The accused may present
evidence in his behalf.”
• Matters to consider in case the accused pleads guilty to a capital offense:
a. The court must conduct a searching inquiry into the voluntariness of the plea and
the accused’s full comprehension of the consequences thereof;
b. The court must require the prosecution to present evidence to prove the guilt of
the accused and the precise degree of his culpability;
c. The court must ask the accused if he desires to present evidence on his behalf and
allow him to do so if he desires.
JUDICIAL ADMISSION IN RELATION TO PLEA OF GUILTY TO A NON-
CAPITAL OFFENSE:
• Sec. 4, Rule 116 of the Rules on Criminal Procedure:
“Sec. 4. Plea of guilty to non-capital offense; reception of evidence,
discretionary. – When the accused pleads guilty to a non-capital offense, the
court may receive evidence from the parties to determine the penalty
imposed.”
• In case the accused will make a plea of guilty to a non-capital offense,
the court is duty bound to receive evidence from the parties for the
determination of the penalty to be imposed.
• The judge should take into consideration the gravity of the offense
and the probability that the accused did not actually understand fully
the meaning of his plea and the consequence thereof.
RULE 130: RULES OF ADMISSIBILITY
THREE (3) MAJOR KINDS OF EVIDENCE:
1. Object or Real evidence (Evidence of one’s senses) is the kind of
evidence which is directly addressed to the senses of the court and
consists of tangible things exhibited, viewed, or demonstrated in
open court;
2. Documentary evidence is and evidence which consist of writing or
any material containing letters, words, numbers, figures, symbols,
or other modes of written expression offered as proof of their
contents; and
3. Testimonial evidence or “Viva Voce Evidence” is an oral evidence
given by the witness on the witness stand or in any proceeding.
OBJECT EVIDENCE
• Sec. 1, Rule 130 of the Revised Rules on Evidence:
“Sec. 1. Object as evidence. – Objects as evidence are those
addressed o the senses of the court. When the object is relevant to the fact
in issue, it may be exhibited to, examined or viewed by the court.”
• Scope of the Object/Real Evidence:
1. Sense of vision;
2. Sense of hearing (auditory);
3. Sense of touch (tactile);
4. Sense of taste (gustatory); and
5. Sense of smell (olfactory).
• When object evidence is relevant to the fact in issue, it may be:
1. Exhibited to;
2. Examined; or
3. Viewed by the court.
• Requisites for the admissibility of object evidence:
1. It must be relevant;
2. It must be authenticated;
3. It must be identified by a competent witness;
4. It must be formally offered.
• Limitations on the admission of object or real evidence:
▪ Object or real evidence may be refused admittance by the court on the following grounds,
to wit:
1. When the object evidence is repulsive or its exhibition is contrary to public policy, morals
or sense of decency;
2. When it would result only in delays, inconvenience, or would entail unnecessary expenses;
3. When it is confusing or misleading (e.g., When its purpose is to prove the former condition
of the object);
4. when there is a testimonial or documentary evidence already presented which already
described the object.
▪ Exceptions:
1. When the object evidence is necessary in the interest of justice;
2. When the immoral object is the very basis of the prosecution of the civil or criminal case.
• Instances when a document is considered as object or real evidence:
1. When it tends to prove the existence or non-existence of the document;
2. When the purpose is to prove the nature of the handwriting in the
document;
3. When the intention of the party is to determine the age of the paper or
material used;
4. When its purpose is to prove the alterations, blemishes or forgery in a
document.
 Chain of Custody Rule in relation to Object Evidence
• Chain of custody is “the duly recorded authorized movements and
custody of seized drugs or controlled chemicals or plant sources of
dangerous drugs or laboratory equipment of each stage, from the time
of seizure/confiscation to receipt in the forensic laboratory to
safekeeping to presentation in court for destruction.
• Corpus delicti in the prosecution for illegal drugs
▪ The substance itself constitutes part of the corpus delicti of the offense and the
fact of its existence is vital to sustain a judgment of conviction beyond reasonable
doubt.
• Effect of failure to make an immediate marking of the seized evidence
▪ The failure to immediately mark seized drugs will not automatically impair the
integrity of chain of custody as long as the integrity and the evidentiary value of
the seized items have been preserved.
• Rule on the testimony on the chain of custody
▪ Testimony about a perfect chain is not always the standard as it is almost always
impossible to obtain unbroken chain.
▪ Minor lapses with justification is valid.
• Matters that the police chemist will testify to establish the custodial link
▪ Police chemist should testify that he received the seized article as marked, properly
sealed and intact; that he resealed it after examination of the content; and that he
placed his own marking on the same to ensure that it could not be tampered
pending trial.
• The chain of custody should be establish from the time of seizure up to its
presentation in court.
• Failure to comply with Sec. 21 of R.A. 9165 does not render an accused’s
arrest illegal or the items seized/confiscated from him inadmissible.
• As a general rule, physical inventory of the seized items should be made at
the place of seizure except when there is a nearest police station.
• Effects of failure to strictly comply with the physical inventory and
photographing of the seized drugs:
▪ The failure of the policemen to make a physical inventory and photograph of
the two plastic sachets containing the shabu subject of this case do not
render the confiscated items inadmissible in evidence.
• Duty of police officer upon confiscation of the prohibited item
▪ The police officer involved should immediately place identifying marks on the
over, and if the drugs are not in a sealed container, the officer is to place them
in a plastic container, seal the container and put his marking on the cover.
• Absence of insulating witnesses (e.g. Media) must be justified
• Elected officials – mandatory witness
• Media/ DOJ representative – alternative witness
• Evidence is admissible provided it is preserved
 DNA Evidence Rule in relation to Object Evidence
• Sec. 2 of the DNA Evidence Rule provides:
“Sec. 2. Application of other Rules on Evidence. – In all matters not specifically covered
by this Rule, the Rules of Court and other pertinent provisions of law on evidence shall apply.”
▪ Biological sample means any organic material originating from a person’s body, even if found in
inanimate objects, that it is susceptible to DNA testing. This includes blood, saliva and other
body fluids, tissues, hairs, and bones.
▪ DNA means deoxyribonucleic acid, which is the chain of molecules found in every nucleated
cell of the body. The totality of an individual’s DNA is unique for the individual, except for
identical twins.
▪ DNA evidence constitutes the totality of the DNA profiles, results and other genetic information
directly generated from DNA testing of biological samples.
▪ DNA testing means verified ad credible scientific methods which include the extraction of DNA
from biological samples, the generation of DNA profiles and the comparison of the information
obtained from the DNA testing of biological samples for the purpose of determining, with
reasonable certainty, whether or not the DNA obtained from two or more distinct biological
samples originates from the same person (direct identification) or if the biological samples
originate from related persons (kinship analysis)
▪ DNA Analysis is a procedure in which DNA extracted from a biological sample obtained from an
individual is examined.
▪ Probability of Parentage means the numerical estimate for the likelihood of parentage of a
putative parent compared with the probability of a random match of two unrelated individuals
in a given population.
Application for DNA Testing
• How to apply for a DNA Testing Order
• The appropriate court may, at any time, either motu proprio or on application of any
person who has a legal interest in the matter in litigation, order a DNA testing. Such
order shall issue after due hearing and notice to the parties upon showing of the
following
• Sec. 4 of the DNA Evidence Rule provides for the requirement of DNA Testing
Order.
1. The order for DNA Testing shall issue after due hearing and notice to the parties upon
a showing of the following:
2. A biological sample exist that is relevant to the case;
3. The biological sample: (i) was not previously subjected to the type of DNA testing
now requested (ii) was previously subjected to DNA testing, but the results may
require confirmation for good reasons;
4. The DNA testing has the scientific potential to produce new information that is
relevant to the proper resolution of the case; and
5. The existence of other factors, if any, which the court may consider as potentially
affecting the accuracy or integrity of the DNA testing. This Rule shall not preclude a
DNA testing, without need of a prior court order, at the behest of any party, including
law enforcement agencies, before a suit or proceeding is commenced.
When to raise the issue of DNA testing?
• It must be brought during the proceedings otherwise waived.
Effect if the State failed to produce the semen specimen?
• Failure to produce the semen specimen not a ground for acquittal. There is
no right of acquittal due to loss of DNA evidence.
Nature of the DNA testing order
• Under the rules, an order granting the DNA testing shall be immediately
executory and shall not be appealable.
• The proper recourse of the aggrieved party from a decision of the Court of
Appeals is a petition for review on certiorari under Rule 45 of the Rules of
Court.
Is taking DNA samples from the party violates the right of the accused
against self-incrimination?
• DNA samples taken from the party does not violate the right of the accused
against self-incrimination since it is only applicable in case of testimonial
compulsion.
• In assessing the probative value of the DNA evidence presented, the court
shall consider the following:
1. The chain of custody, including how the biological samples were collected,
how they were handled, and the possibility of contamination of the samples;
2. The DNA testing methodology, advantages and disadvantages of the
procedure, and compliance with the scientifically valid standards in
conducting the tests;
3. The forensic DNA laboratory. If the laboratory is not accredited, the relevant
experience of the laboratory in forensic casework and credibility shall be
properly established; and
4. The reliability of the testing result.
• The remedy of the accused if the DNA result is not favorable to him is to
challenge the result
• The convict or the prosecution may file a petition for a writ of habeas corpus in
the court of origin if the results of the post-conviction DNA testing are
favorable to the convict.
Nature of the DNA profiles and results of the person: Exception
• DNA profiles and all results or other information obtained from DNA
testing shall be confidential. Except upon order of the court.
Persons entitled to the copy of DNA profiles, results, and information
1. Person from whom the sample was taken;
2. Lawyers representing parties in the case or action where the DNA
evidence is offered and presented or sought to be offered and presented;
3. Lawyers of private complainants in a criminal action;
4. Duly authorized law enforcement agencies; and
5. Other person as determined by the court.
• Whoever discloses, utilized or publishes un any form any information
concerning a DNA profile without the proper court order shall be liable for
indirect contempt of the court wherein such DNA evidence was offered,
presented or sought to be offered and presented.
• The trial court shall preserve the DNA evidence in its totality, including all
biological samples, DNA profiles and results or other genetic information
obtained from DNA testing.
• The court may allow the physical destruction of a biological sample before
the expiration of the periods set forth, provided that:
1. A court order to that effect has been secured; or
2. The person from whom the DNA sample was obtained has consented
in writing to the disposal of the DNA evidence
• Failure to present the results of the paraffin test is inconsequential since it
is not indicative of his guilt or innocence of the crime charged since it is
inconclusive and unreliable.