Professional Documents
Culture Documents
I. PRELIMINARY CONSIDERATION:
Factum Probandum The ultimate facts to be proven. These are the propositions of
law.
Examples:
murder was committed thru treachery
robbery was made through force upon things
Examples:
exit wounds were in front indicating that victim was shot at the back
destroyed locks indicative of force upon things
Evidence the means to arrive at a conclusion. Under the Revised Rules of Court,
evidence is defined as the means, sanctioned by the rules, for ascertainment in
a judicial proceeding, the truth, respecting a matter of fact.
Proof the result of introducing evidence. The establishment of a requisite
degree of belief in the mind of the judge as to the facts in issue. It refers to
the accumulation of evidence sufficient to persuade the trial court.
Quantum of evidence the totality of evidence presented for consideration
Quantum of proof refers to the degree of proof required in order to arrive at a
conclusion.
Burden of evidence the duty of a party of going forward with evidence.
Burden of proof the duty of the affirmative to prove that which it alleges.
1. Criminal Action proof beyond reasonable doubt [that degree of proof which
produces conviction in an unprejudiced mind]
2. Civil Action preponderance of evidence [evidence of greater weight or more
convincing than that which is offered to refute it]
3. Administrative Action sufficiency of evidence [that amount of relevant
evidence which a reasonable mind might accept as adequate to justify a
conclusion]
Evidence ILLEGALY OBTAINED are inadmissible for reasons of public policy. This is
so because of the constitutional requirement of due process. Due process has been
defined as the law that hears before it condemns, which proceeds upon inquiry,
and renders judgment only after fair trial.
A. Concepts of evidence:
Admissibility of Evidence:
Note: To determine the relevancy of any item of proof, the purpose for which it
is sought to be introduced must first be known (There must be a formal offer).
Whether or not the factual information tendered for evaluation of the trial court
would be helpful in the determination of the factual issue that is disputed.
Collateral Matters not admissible except when it tend in any reasonable degree
to establish probability or improbability of the fact in issue.
Collateral matters matters other than the fact in issue and which are offered
as a basis for inference as to the existence or non-existence of the facts in
issue.
1. mandatory
2. discretionary
3. hearing required
Secondary Evidence
When the original document has been:
1. lost,
2. destroyed, or
3. cannot be produced in court.
Qualifications of witnesses:
1. can perceive
2. can make known their perception to others
3. not disqualified by reason of mental incapacity, immaturity, marriage,
privileged communications, or dead mans statute.
Exception:
1. admission by a co-partner or agent
2. admission by a conspirator
3. admission by privies
4. admission by silence
In the above cases, the admission of one person is admissible as evidence against
another.
Testimonial Knowledge:
General Rule: A witness can testify only to those facts which he knows of his
personal knowledge; that is, which are derived from his own perception. Any
statement which derives its strength from anothers personal knowledge is
hearsay, and is therefore inadmissible.
Exceptions:
1. Dying declarations (ante-mortem statements)
2. Declaration against interest
3. Act or declaration about pedigree
4. Family reputation or tradition regarding pedigree
5. Common reputation
6. Part of the res gestae
7. Entries in the course of business
8. Entries in official records
9. Commercial lists and the like
10. Learned treatises
11. Testimony or deposition at a former proceeding
12. Examination of child victim/witness in cases of child abuse
Burden of proof 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.
2 kinds of presumptions:
1. Conclusive presumptions [jure et de jure] based on rules of substantive
law which cannot be overcome by evidence to the contrary.
2. Disputable presumptions [prima facie presumptions, rebuttable presumptions]
based on procedural rules and may be overcome by evidence to the contrary.
Note: For Kinds of disputable presumptions, see Sec. 3, Rule 131 of the Revised
Rules of Court.
Presentation of Evidence:
The examination of witnesses presented in a trial or hearing shall be done is
open court, and under oath or affirmation. Unless the witness is incapacitated to
speak, or the question calls for a different mode of answer, the answer of the
witness shall be given orally.
Classes of Documents:
Documents are either public or private.
Verba legis non est decendendum from the words of the law there can be no
departure.
Dura lex sed lex the law may be harsh but so the law speaketh.
Ignorantia legis neminem excusat ignorance of the law excuses no one.
Ignorantia facti excusat mistake of fact excuses.
Praeter intentionem different from that which was intended.
Error in personae mistake in identity.
Abberatio Ictus mistake in the blow
Nulum crimen, nulla poena sine lege there is no crime when there is no law
punishing the same.
Actus non facit reum, nisi mens sit rea the act cannot be criminal where
the mind is not criminal.
Actus mi invictu reus, nisi mens facit reum an act done by me against my
will is not my act.
Mens rea guilty mind.
Actus reus guilty act.
Res ipsa loquitor the thing speaks for itself.
Causa Proxima proximate cause which produced the immediate effect.
Prima facie at first glance.
Locus Criminis scene of the crime or crime scene.
Pro Reo principle in Criminal Law which states that where the statute
admits of several interpretations, the one most favorable to the accused
shall be adopted.
Res Gestae the thing itself.
Falsus in unum, falsus in omnibus false in one part of the statement would
render the entire statement false (note: this maxim is not recognized in our
jurisdiction).