Evidence Flashcards
(34 cards)
What is evidence?
It is the means, sanctioned by these Rules, of ascertaining in a judicial proceeding the truth respecting a matter of fact. (Rule 128, Section 1)
What are the requisites for admissibility of evidence? (2)
For evidence to be admissible, two elements must concur, namely:
- the evidence is relevant (it must have such a relation to the fact in issue as to induce belief in its existence or non-existence); and
- the evidence is not excluded by the Constitution, the law, or the Rules of Court or the evidence is competent.
What is the distinction between (1) proof and (2) evidence.
The former (proof) is not the evidence itself. There is proof only because of evidence. It is merely the probative effect of evidence and is the conviction or persuasion of the mind resulting from a consideration of the evidence.
Proof is the effect or result of evidence, while (2) evidence is the medium of proof.
What is the application of rules on evidence? (versus Rules on Electronic Evidence)
The application of the rules on evidence in the Rules of Court contrasts with the application of the Rules on Electronic Evidence.
While the definition of “evidence” under the Rules of Court makes reference ONLY to JUDICIAL proceedings, the provisions of the Rules on Electronic Evidence apply as well to QUASI-JUDICIAL and ADMINISTRATIVE cases. (Section 2, Rule 128)
What is the difference between (1) direct evidence and (2) circumstantial evidence?
Direct evidence proves a fact without drawing any inference from another fact. When the court does NOT have to make an inference from one fact to arrive at a conclusion, the evidence is direct.
While circumstantial or indirect evidence is the exact opposite of direct evidence. When the evidence is circumstantial, a fact is established by making an inference from a previously established fact. In this type of evidence, the court used a fact from which an assumption is drawn. It refers to proof of collateral facts and circumstances wherein the existence of the main fact may be inferred according to reason and common experience.
In a criminal case, circumstantial evidence may be sufficient for conviction provided the following requisites concur:
(1) There is more than one (1) circumstance;
(2) The facts from which the inferences are derived are proven; and
(3) The combination of all the circumstances is such as to produce a conviction beyond reasonable doubt. A judgment of conviction based on circumstantial evidence can be sustained when the circumstances proved form an unbroken chain that results in a fair and reasonable conclusion pointing to the accused, to the exclusion of all others, as the perpetrator.
What does burden of proof mean?
Burden of proof (or onus probandi) is the duty of a party to present evidence on the facts in issue necessary to establish his or her claim or defense by the amount of evidence required by law.
Burden of proof NEVER shifts.
What is burden of evidence?
Burden of evidence is the duty of a party to present evidence to establish or rebut a fact in issue to establish a prima facie case.
Burden of evidence may shift from one party to the other in the course of the proceedings, depending on the exigencies of the case.
What is a presumption? What are its kinds?
Presumption is an assumption of fact resulting from a rule of law which requires such fact to be assumed from another fact or group of facts found or otherwise established in the action. It is an inference of the existence or non-existence of a fact which courts are permitted to draw from proof of other facts.
Presumptions are classified into (1) presumptions of LAW and (2) presumptions of FACT.
Presumptions of LAW are, in turn, either conclusive or disputable. It is CONCLUSIVE when the presumption becomes irrebuttable upon the presentation of the evidence and any evidence tending to rebut the presumption is not admissible. Whereas, it is DISPUTABLE or REBUTTABLE if it may be contradicted or overcome by other evidence.
While, a presumption of FACT does NOT arise from any direction of law. It arises because reason itself allows a presumption from the facts.
What is judicial notice and what is its function?
Judicial notice matters are those matters which the court may take cognizance of without evidence.
It takes the place of proof and is of equal force. Judicial notice displaces evidence and fulfills the purpose for which the evidence is designed to fulfill. Hence, it makes evidence UNNECESSARY.
When does judicial notice become MANDATORY? Enumerate those matters which fall under this category. (9)
When the matter is subject to MANDATORY judicial notice, no motion or hearing is necessary for the court to take judicial notice of such matter because it is what it says it is - “mandatory”
The following are matters subject to MANDATORY judicial notice:
(1) existence and territorial extent of states;
(2) political history, forms of government and symbols of nationality of states;
(3) law of nations;
(4) admiralty and maritime courts of the worlds and their seals;
(5) political constitution and history of the Philippines;
(6) official acts of the legislative, executive, and judicial departments of the National Government of the Philippines;
(7) laws of nature;
(8) measure of time; and
(9) geographical divisions.
When is judicial notice, on the other hand, DISCRETIONARY?
Under the principle of discretionary judicial notice, “A court may take judicial notice of matters which are (1) of public knowledge, (2) or are capable of unquestionable demonstration, or (3) ought to be known to judges because of their judicial functions.” (Section 2, Rule 129)
When is a HEARING NECESSARY for a judicial notice?
During the pre-trial and the trial, the court, motu proprio or upon motion, shall hear the parties on the propriety of taking judicial notice of any matter.
Before judgment or on appeal, the court, motu proprio or upon motion, may take judicial notice of any matter and shall hear the parties thereon if such matter is decisive of a material issue in the case.
What is a judicial admission?
It is an admission, oral or written, 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.
What is a pre-trial agreement?
All agreements or admissions made or entered during the pre-trial conference shall be (1) reduced in writing and (2) signed by the accused and counsel, otherwise, they cannot be used against the accused. The agreements covering the matters referred to in Section 1 of this Rule shall be approved by the court.
What is the “original document rule?”
Subject to certain exceptions, under the original document rule, when the subject of inquiry relates to the contents of a document, no evidence shall be admissible other than the original document itself.
In other words, one who wants to prove the contents of a document need to present the original document.
Where the purpose of the offeror is one other than to prove the contents of a document, compliance with the original document rule is NOT necessary.
The key, therefore, to understanding of the original document rule is simply to remember that the rule cannot be invoked UNLESS the contents of a writing is the subject of judicial inquiry, in which case, the best evidence is the original writing itself.
What is the concept of “authentication?”
It occupies a vital place in the presentation of evidence. Not only objects but also documents introduced in evidence need to be authenticated. It is the preliminary step in showing the admissibility of evidence.
For example, in order for a murder weapon found in the crime scene to be admissible in evidence it must be authenticated which means that it must be shown to the satisfaction of the court that the weapon presented in court as evidence is the very same weapon found at the crime scene. To convince the court, the proponent of the evidence must call someone to identify the weapon and affirm. When he/she affirms it as the same weapon, then the evidence is authenticated.
NOTE: Authentication of a private document does NOT require a seal. There shall be no difference between sealed and unsealed private documnet insofar as their admissibility as evidence is concerned.
What is object evidence and what are its requisites for admissibility?
Object evidence refers to 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.
The basic requisites for the admissibility of an object or real evidence are:
(1) The evidence must be relevant (it must have a relationship to the fact in issue);
(2) The evidence must be authenticated;
(3) The authentication must be made by a competent witness; and
(4) The object must be formally offered in evidence.
What is chain of custody: (1) in general and (2) in drug cases?
(1) In general:
When the object evidence is not readily identifiable, were not made identifiable or cannot be made identifiable like drops of oil, drugs in powder form, fiber, grains of sand, and similar objects, the proponent of evidence must establish a chain of custody to authenticate the object in court especially because these objects are easily tampered, altered, or contaminated, whether intentionally or unintentionally.
In a nutshell, the chain of custody means that it must be established that the item subject of the offense is the same substance offered in court as exhibit or evidence.
(2) In Drug Cases:
In the Philippines, the confiscation and seizure of drugs require a stringent specific procedure to establish the chain of custody. The required procedure is embodied in Section 21, Art. II of R.A. No. 9165 or the Comprehensive Dangerous Drugs Act of 2002.
R.A. 9165 defines it as:
‘Chain of Custody’ means 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. Such record of movements and custody of seized item shall include the identity and signature of the person who held temporary custody of the seized item, the date and time when such transfer of custody were made in the course of safekeeping and use in court as evidence, and the final disposition. (People v. Gayuso, GR No. 206590)
What are the categories of object evidence?
For purposes of authentication of an object or for laying the foundation for the exhibit, object evidence may be classified into the following:
(1) Unique objects or objects that have readily identifiable marks;
(2) Objects made unique or objects that are made readily identifiable; and
(3) Non-unique objects or objects with no identifying marks.
What are the links in the chain of custody and who are they (plus their roles)?
Since it is called a chain, there must be links to the chain who are the people who actually handled or had custody of the object. Each of the links in the chain must (1) show how he received the object, (2) how he handled it to prevent substitution, and (3) how it was transferred to another. Each of the handlers of the evidence is a link in the chain and must testify to make the foundation complete.
This is the ideal way to show chain of custody which is as follows:
(1) The seizure and marking of the confiscated drugs recovered from the accused, if practicable, by the apprehending officer;
(2) The turnover of the illegal drug seized by the apprehending officer to the investigating officer;
(3) The turnover by the investigating officer of the illegal drug to the forensic chemist for laboratory examination; and
(4) The turnover and submission of the marked illegal drug by the forensic chemist to the court.
What is (1) parol evidence and (2) parol evidence rule (plus exceptions)?
(1) Parol Evidence: means something “oral” or verbal but, with reference to contracts, it means evidence which are outside of or extraneous to the written contract between the parties. It also called as evidence aliunde.
(2) Parol Evidence Rule: When the terms of an agreement have been reduced to writing, it is considered as containing all the terms agreed upon and there can be, as between the parties and their successors in interest, no evidence of such terms other than the contents of the written agreement.
EXCEPTION: However, a party may present evidence to modify, explain, or add to the terms of the written agreement if he or she PUTS IN ISSUE in a VERIFIED pleading:
(1) An intrinsic ambiguity, mistake, or imperfection in the written agreement;
(2) The failure of the written agreement to express the true intent and agreement of the parties thereto;
(3) The validity of the written agreement; or
(4) The existence of other terms agreed to by the parties or their successors in interest after the execution of the written agreement.
NOTE: The term “agreement” includes wills.
What are (1) documentary evidence and (2) its requisites for admissibility?
(1) Documentary Evidence: consists 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. Photographs include still pictures, drawings, stored images, x-ray films, motion pictures or videos.
(2) To admissible as documentary evidence:
(a) The document must be relevant;
(b) The evidence must be authenticated;
(c) The document must be authenticated by competent witness; and
(d) The document must be formally offered in evidence.
What does “original” mean under the Rules on Evidence?
According to Section 4 of Rule 130, Original of document means:
(a) An “original” of a document is the document itself or any counterpart intended to have the same effect by a person executing or issuing it. An “original” of a photograph includes the negative or any print therefrom. If data is stored in a computer or similar device, any printout or other output readable by sight or other means, shown to reflect the data accurately, is an “original.”
(b) A “duplicate” is a counterpart produced by the same impression as the original, or from the same matrix, or by means of photography, including enlargements and miniatures, or by mechanical or electronic re-recording, or by other equivalent techniques which accurately reproduce the original.
(c) A duplicate is admissible to the same extent as an original unless (1) a genuine question is raised as to the authenticity of the original or (2) in the circumstances, it is unjust or inequitable to admit the duplicate in lieu of the original.”
What is (1) secondary evidence applies and (2) when does it apply?
(1) Secondary evidence refers to evidence OTHER THAN the original instrument or document itself.
(2) Under Section 5 of Rule 130, secondary evidence may be admitted only by LAYING THE BASIS for its production. Specifically, laying such basis requires compliance of the following:
(a) The offeror must prove the execution or evidence of the original document;
(b) The offeror must show the cause of its unavailability such as the loss or destruction of the original;
(c) The offeror must show that the unavailability was not due to his bad faith; and
(d) The offeror must show that due diligence had been exercised in searching for it.
NOTE: The presentation of secondary evidence should be in the following order:
(a) a copy of the original;
(b) a recital of the contents of the document in some authentic document; or
(c) by the testimony of witnesses.
Accordingly, the correct order of proof is as follows: existence, execution, loss and contents.
