EVIDENCE

MODULE 2 GENERAL PROVISIONS

Pre- module Questions

Answer the following briefly.

1. In your own understanding differentiate confession and admission.

2. Does all evidence presented before the court admissible?
3. What is extrajudicial confession?

GENERAL PROVISIONS

A. Concepts of evidence:

1. It is a means of ascertainment – used to arrive at a legal conclusion.

2. It is sanctioned by the rules of court – meaning, not excluded by the rules on

relevancy and admissibility.

3. It is used in a judicial proceeding – there is a jural conflict involving different

rights asserted by different parties.

4. It pertains to the truth respecting a matter of fact – evidence represents a

“claim” either for the prosecution or for the defense where issues (clashes of view)
are present.

Admissibility of Evidence:

For evidence to be admissible, it must be:

1) Relevant to the issue [relevancy test], and

2) Not excluded by the law or rules of court [competency test].

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).

Test of relevancy of evidence:

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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.

When is evidence relevant?

When it has a relation to the fact in issue as to induce belief in its:

1) Existence, or
2) Non-existence

In other words, evidence is relevant when it is:

1) material, and
2) has probative value

Probative value- is the tendency of the evidence to establish the proposition that
it is offered to prove.

Illustration of the requisites for admissibility:

 In a prosecution for homicide, the witness swears that the accused killed the
victim because his ever-truthful boyhood friend told him so. The testimony,
although relevant, is not admissible because the witness was not testifying
based on his personal knowledge or event. The testimony is hearsay, and this
type of evidence is as rule, excluded by the rules (Sec. 36, Rule 130, Rules of
Court). In short, the testimony of offered is relevant but incompetent.

 A defense witness testifies having actually seen the alleged victim fire a gun
at the accused without the latter’s provocation. The testimony of the
eyewitness is competent, and the matters testified to, are relevant to the
plea of self-defense. The testimony is thus, admissible. It is not only be
relevant but competent as well.

“Collateral Matters” not admissible except when it tends in any reasonable degree
to establish probability or improbability of the fact in issue.

Example:

Although evidence of character is generally inadmissible, the accused may

prove his good moral character which is pertinent to the moral trait involve in
the offense charged (Sec. 51 [a] [1], Rule 130).

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.

Collateral matters are classified into:

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1. Antecedent circumstances – facts existing before the commission of the
crime [i.e., hatred, bad moral character of the offender, previous plan, conspiracy,
etc.]

2. Concomitant circumstances – facts existing during the commission of the

crime [i.e., opportunity, presence of the accused at the scene of the crime, etc.]

3. Subsequent circumstances – facts existing after the commission of the

crime [i.e., flight, extrajudicial admission to third party, attempt to conceal effects of
the crime, possession of stolen property, etc.]

B. Judicial Notice, basis of:

Judicial notice is based on necessity and expediency. It is based on the maxim

“what is known need not be proved.”

Different kinds of judicial notices:

1. Judicial notice, when mandatory -A court shall take judicial notice, without
the introduction of evidence, of the existence and territorial extent of states,
their political history, forms of government and symbols of nationality, the
law of nations, the admiralty and maritime courts of the world and their
seals, the political constitution and history of the Philippines, the official acts
of legislative, executive and judicial departments of the Philippines, the laws
of nature, the measure of time, and the geographical divisions. (1a)
2. Judicial notice, when discretionary- A court may take judicial notice of
matters which are of public knowledge, or are capable to unquestionable
demonstration, or ought to be known to judges because of their judicial
functions. (1a)
3. Judicial notice, when hearing necessary- During the trial, the court, on its
own initiative, or on request of a party, may announce its intention to take
judicial notice of any matter and allow the parties to be heard thereon.

Example:

When the complainant in a criminal case alleges that he was assaulted by the
accused in Quezon City, it would be ridiculous to require the prosecution to
prove that a place called Quezon City exists.

C. Confession and Admission, distinguished:

Confession – an acknowledgement of guilt.

Admission – an acknowledgment of facts.

All confessions are Admissions, but not all Admissions are Confessions

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Difference between Admission and Confession

No. Admission Confession

1) If a statement is made by a party If a statement made by a party charged

in civil proceeding it will be called with crime, in criminal proceeding, it is
as admission called as a confession

2) The expression ‘Admission’ The expression ‘Confession’ means “a

means “voluntary statement made by an accused admitting
acknowledgement of the his guilt. If a person accused of an
existence or truth of a particular offense (accused) makes a statement
fact” against himself, it is called confession.

3) The Term Admission is applicable Confession is the term for admission of

to a statement, oral or in writing guilt
made by a party on civil side. made in the criminal side.

4) An admission is not conclusive A confession, if voluntarily and free, may

proof of the matters admitted and in the discretion of the judge, by itself be
is always rebuttable. accepted as conclusive proof of matters
confessed and is alone sufficient to
warrant a conviction.

5) An admission may be proved by But confession always goes against the

or behalf of the person making it. person making it.

6) Admission by one of the several Confession made by one or two or more

defendants in suit is not evidence accused jointly tried for the same offense
against other defendants. can be taken into consideration against
the co-accused.

Different kinds of confession/admission:

1. Judicial- when made during judicial proceeding.

2. Extrajudicial- when made out of court or even in a proceeding other than the
one under consideration.

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It may be….

a. Oral
b. Written

It may also be…

a. Forced
b. Voluntary

Different kinds of evidence:

1. Relevant evidence – evidence having any value in reason as tending to prove

any matter provable in an action.

2. Material evidence – evidence is material when it is directed to prove a fact in

issue as determined by the rules of substantive law and pleadings.

3. Competent evidence – not excluded by law.

4. Direct evidence – proves the fact in issue without aid of inference or

presumptions.

5. Circumstantial evidence - the proof of fact or facts from which, taken either
singly or collectively, the existence of a particular fact in dispute may be inferred as
necessary or probable consequence.

6. Positive evidence – evidence which affirms a fact in issue.

7. Negative evidence - evidence which denies the existence of a fact in issue.

8. Rebutting evidence – given to repel, counter act or disprove facts given in

evidence by the other party.

9. Primary/Best evidence – that which the law regards as affording the greatest
certainty.

10. Secondary evidence – that which indicates the existence of a more original
source of information.

11. Expert evidence – the testimony of one possessing knowledge not usually
acquired by other persons.

12. Prima facie evidence – evidence which can stand alone to support a
conviction unless rebutted.

13. Conclusive evidence – incontrovertible evidence

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14. Cumulative evidence – additional evidence of the same kind bearing on the
same point.

15. Corroborative evidence – additional evidence of a different kind and

character tending to prove the same point as that of previously offered evidence.

16. Character evidence – evidence of a person’s moral standing or personality

traits in a community based on reputation or opinion.

17. Demeanor evidence – the behavior of a witness on the witness stand during
trial to be considered by the judge on the issue of credibility.

18. Demonstrative evidence – evidence that has tangible and exemplifying

purpose.

19. Hearsay evidence – oral testimony or documentary evidence which does not
derive its value solely from the credit to be attached to the witness himself.

20. Testimonial evidence – oral averments given in open court by the witness.

21. Object/Real evidence – those addressed to the senses of the court (sight,
hearing, smell, touch, taste).

22. Documentary evidence – those consisting of writing or any material of written

expression offered as proof of its contents containing letters, words, numbers,
figures, symbols or other modes of written expressions (Sec. 2, Rule 130).

Best Evidence Rule:

When the subject of the inquiry is the contents of a document, no evidence shall
be admissible other than the original of the document.

Note: The term “best evidence” is not intended to mean the “most superior”
evidence. More accurately, it is the “original document” rule, or the “primary
evidence” rule.

Exceptions, Sec. 3, Rule 130, Revised Rules of Court.

When original document is unavailable — When the original document has

been lost or destroyed, or cannot be produced in court, the offeror, upon
proof of its execution or existence and the cause of its unavailability without
bad faith on his part, may prove its contents by a copy, or by a recital of its
contents in some authentic document, or by the testimony of witnesses in the
order stated.

A document is legally considered “Original” when:

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1. It is the subject of an inquiry

2. When in two or more copies executed at or about the same time, with identical
contents.

3. When an entry is repeated in ordinary course of business, one being copied

from another at or near the time of the transaction.

Secondary Evidence

The excuses for the non-production of the original documents refer to the instances
when the original does not have to be produced even when the contents of the
document are the subjects of inquiry.

When the original document has been:

1. lost,
2. destroyed, or
3. cannot be produced in court.

The offeror without bad faith must:

1. prove its execution or existence, and
2. prove the cause of its unavailability.

Secondary evidence may consist of:

1. a copy,
2. recital of its contents in some authentic document, or
3. by testimony of witnesses.

When original document is in the custody of:

1. adverse party – adverse party must have reasonable notice to produce it. After
such notice and satisfactory proof of its existence, he fails to produce it, secondary
evidence may be presented.

2. public officer – contents may be proved by certified copy issued by the public
officer in custody thereof.

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Post-module Questions:

After reading the module explain the following IN YOUR OWN WORDS.

1. The difference between confession and admission.

2. Explain the different kinds of admission and confession.
3. Explain how to determine the admissibility of an evidence.

Resources:

Riano, W. B. Evidence (The Bar Lecture Series), Rex Printing Company, Inc,
2009.

Rules of Court, Rex Printing Company, Inc. 2011.

[Link]
[Link]

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