ENVERZO, RHYCHEL P

LFCA322E065

Law on Evidence

One of the cornerstone principles of our Rules of Evidence is: “He who alleges a fact

has The burden of proving it. ”Unquestionably, as emphasized by Chief Justice Claudio

Teehankee, “No legal Relationship, no claim, no right, no fault, no Liability, can be

established without proof of Facts, of conduct, of events and circumstances. These are

what trial courts inquire into before they make their factual findings.”

Burden of proof (also called “burden of persuasion” or “onus probandi” is the duty of a

party to present evidence on the facts in issue necessary to establish his claim or

defense by the amount of evidence required by law. (Rule 131, Sec. 1)

The Latin maxim is “Ei incumbit probation qui dicit, no qui negat.” (He who asserts, not

he who denies, must prove.)

Burden of evidence (also called as “onus evidentiae”) is the burden of going forward

with the evidence.

Note: Under Sec. 11 €, Rule 119 of the Rules of Court, When the accused admits the

act or omission charged in the complaint or information but interposes a lawful defense,

the order of trial may be modified. The burden of evidence is then shifting to the

accused to prove by clear and convincing evidence that he is entitled to an extenuating

circumstance.
No presumption of legitimacy of a child born after three hundred days following the

dissolution of the marriage or the separation of the spouses. whoever alleges the

legitimacy or illegitimacy of such child must prove his allegation. (Rule 131, Sec. 4)

Res ipsa loquitur is a Latin phrase which literally means “the thing or the Transaction

speaks for itself”

The doctrine of stale demands (doctrine of laches) refers to failure or neglect for an

unreasonable and unexplained length of time to do that which by exercising due

diligence, could or should have been done earlier, thus giving rise to a presumption that

the party entitled to assert it either has abandoned or declined to assert it.

In presenting witnesses and other kinds of evidence in court, there are rules to observe.

Evidence should be properly presented so that the court will consider the same in

resolving the issues and deciding the case. Verily, “all laws evolve upon the

presentation of evidence.” Sloppy or inept handling/presentation of evidence can have

catastrophic effect – either placing the innocent behind bars or springing the guilty from

prison.

The examination of witnesses presented in a trial or hearing shall be done in open

court, and under oath or affirmation. Unless the witness is incapacitated to speak, or the

questions calls for a different mode of answer, the answers of the witness shall be given

orally. (Rule 132, Sec. 1)

The entire proceedings of a trial or hearing, including the questions propounded to a

witness and his answers thereto, the statements made by the judge or any of the

parties, counsel, or witnesses with reference to the case, shall be recorded by means of
shorthand or stenotype or by other means of recording found suitable by the court.

(Rule 132, Sec. 2)

Direct examination is the examination-in-chief of a witness by the party presenting him

on the facts relevant to the issue. (Rule 132, Sec. 5)

Upon the termination of the direct examination, the witness may be cross-examined by

the adverse party as to many matters stated in the direct examination, or connected

therewith, with sufficient fullness and freedom to test his accuracy and truthfulness and

freedom from interest or bias, or the reverse, and to elicit all important facts bearing

upon the issue. (Rule 132, Sec. 6)

After the cross-examination of the witness has been concluded, he may be re-examined

by the party calling him, to explain or supplement his answers given during the cross-

examination. On re-direct-examination, questions on matters not dealt with during the

cross-examination, may be allowed by the court in its discretion. (Rule 132, Sec. 7)

If documents or things offered in evidence are excluded by the court, the offeror may

have the same attached to or made part of the record. If the evidence excluded is oral,

the offeror may state for the record the name and other personal circumstances of the

witness and the substance of the proposed testimony. (Rule 132, Sec. 40)

Tender of excluded evidence is also known as “Proffer of Evidence” or “Offer of Proof”

Notes: the purpose of the tender of rejected evidence is to enable the appellate court, in

case of appeal, to examine the same and determine whether the rejection is erroneous.