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Evidence Riano(2009)
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Evidence Riano(2009)
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certain cases provided for by law. In criminal cases, the accused enjoys the
constitutional presumption of innocence.
Distinction Between Proof and Evidence. Proof is merely the probative effect
of evidence and is the conviction or persuasion of the mind resulting from a
consideration. On the other hand, evidence is the medium or means by which a
fact is proved or disproved. Bare allegations unsubstantiated by evidence, are
not equivalent to proof.
Falsus in Uno, Falsus in Omnibus. False in one thing, false in everything.
The doctrine means that if the testimony of a witness on a material issue is
wilfully false and given with an intention to deceive, the jury may disregard all
the witness testimony.
The maxim is not an absolute rule of law and is in fact rarely applied in
modern jurisprudence.3 It deals only with weight of the evidence and is not a
positive rule of law.
To completely disregard all the testimony of a witness on this ground, his
testimony must have been false as to a material point, and the witness must
have a conscious and deliberate intention to falsify a material point.4
Alibi; Frame-up; Self-defense. Alibi is evidence negative in nature and selfserving and cannot attain more credibility than the testimonies of prosecution
witnesses who testify on clear and positive evidence, especially where positive
identification is credible and categorical.
For alibi to prosper, the accused must likewise prove by clear and
convincing evidence that it was physically impossible for him to be present at
the crime scene or its immediate vicinity at the time of its commission. The
reason is that no person can be in two places at the same time.
By physical impossibility we refer to the distance and facility of access
between the situs criminis and the place where he says he was when the crime
was committed.
While the defense of alibi is by nature a weak one, it assumes significance
and strength where the evidence for the prosecution is also intrinsically weak.
Alibi is not always false and without merit.5
Like alibi, the defense of frame up is viewed with disfavour as it can easily
be concocted and is commonly used as a defense in most prosecutions arising
from the violations of the Dangerous Drug Act. The legal presumption that
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Evidence Riano(2009)
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official duty has been regularly performed exists. The claim of frame-up
assumes importance when faced with the rather shaky nature of the
prosecution evidence.
Self-defense, like alibi is inherently weak because it can be easily
fabricated.6
Delay and Initial Reluctance in Reporting a Crime. Delayed reporting by
witnesses of what they know about a crime does render their testimonies false
or incredible, for the delay may be explained by the natural reticence of most
people and their abhorrence to get involved in a criminal case. But more than
this, there is always the inherent fear of reprisal, which is quite
understandable, especially if the accused is a man of power and influence in
the community.
The natural reluctance of a witness to get involved in a criminal case, as
well as to give information to the authorities is a matter of judicial notice. 7
Due to fear of reprisal, it is common enough that it has been judicially declared
as not affecting a witness credibility.
Different people react differently to a given stimulus or type of
situation, and there is no standard form of behavioural response
when one is confronted with a strange, startling or frightful
experience.
Positive and Negative Defenses. In Philippine jurisprudence, a positive
testimony normally enjoys more weight and credibility than a negative
testimony. In short, a testimony that a fact exists enjoys more weight than a
testimony that the same fact does not exist. A denial evidence is merely a
negative evidence.
The reason for this rule is that the witness who testifies to a negative may
have forgotten what actually occurred, while it is impossible to remember
what never existed.8
Factum Probans and Factum Probandum. Evidence signifies a relationship
between these two facts. Factum probandum is the fact to be proved; the fact
which is in issue and to which the evidence is directed. On the other hand,
factum probans is the probative or evidentiary fact tending to prove the fact in
issue.
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