Module 4.1: General Principles of Evidence

1. Learning Objectives

Upon completion of this module, the student will be able to:

• Define Evidence and understand its scope under the Philippine Rules of Court.
• Differentiate between the various types and classifications of evidence.
• Understand the concepts of Burden of Proof and Proof Beyond Reasonable Doubt.
• Distinguish between Conclusive and Disputable Presumptions.
• Explain the principles of Judicial Notice and Judicial Admissions.
• Apply these principles to hypothetical criminal case scenarios.

2. Definition of Evidence

Under the Rules of Court (Rule 128, Section 1), evidence is defined as the means, sanctioned by these rules, of ascertaining in a judicial proceeding the truth respecting a matter of fact.

It is the method by which facts are proved or disproved in court.

3. Scope of the Rules of Evidence

The rules of evidence, found in Rules 128 to 134 of the Rules of Court, shall be the same in all courts and in all trials and hearings, except as otherwise provided by law or these rules.

• Rule 128: General Provisions
• Rule 129: What Need Not Be Proved (Judicial Notice and Admissions)
• Rule 130: Rules of Admissibility (Object, Documentary, Testimonial Evidence)
• Rule 131: Burden of Proof and Presumptions
• Rule 132: Presentation of Evidence
• Rule 133: Weight and Sufficiency of Evidence
• Rule 134: Perpetuation of Testimony

4. Types of Evidence

Evidence can be categorized into three main types:

1. Object (Real) Evidence: Evidence that is addressed directly to the senses of the court. It consists of tangible things, like a weapon, clothing, or a photograph.
   • Example: The knife used in a stabbing incident.
2. Documentary Evidence: Evidence supplied by written instruments or derived from conventional symbols, like letters or numbers. It includes writings, recordings, photographs, or any material containing letters, words, sounds, numbers, figures, symbols, or their equivalent.
   • Example: A written confession, a threatening text message, or a CCTV recording.
3. Testimonial Evidence: Evidence given by a witness under oath or affirmation. This is the most common form of evidence.
   • Example: The statement of an eyewitness describing the crime.

5. Classification of Evidence

Evidence can be further classified as follows:

• Direct vs. Circumstantial Evidence

  • Direct Evidence: Proves a fact in issue directly without any inference or presumption.
    • Example: A witness testifying that they saw the accused shoot the victim.
  • Circumstantial Evidence: Indirectly proves a fact in issue through an inference which the fact-finder may draw. A series of circumstances may be sufficient to prove guilt beyond reasonable doubt.
    • Example: A witness testifying that they saw the accused running from the crime scene holding a bloody knife.

• Primary vs. Secondary Evidence

  • Primary Evidence (Best Evidence): The original document or object itself. The best evidence rule states that the original of a document must be produced whenever its contents are the subject of inquiry.
    • Example: The original signed contract.
  • Secondary Evidence (Substitutionary Evidence): A copy of the original document or testimony regarding its contents. It is admissible only when the original is lost, destroyed, or cannot be produced in court.
    • Example: A photocopy of a lost contract.

6. Burden of Proof in Criminal Cases

Burden of Proof is the duty of a party to present evidence to establish their claim.

In criminal cases, the burden of proof rests on the prosecution. The prosecution must prove the guilt of the accused. The accused has the presumption of innocence and does not have to prove their innocence. This burden never shifts to the accused.

7. Proof Beyond Reasonable Doubt

This is the standard of proof required in a criminal case for a conviction. It means that the evidence presented must be so conclusive and convincing that it leaves no reasonable doubt in the mind of the judge that the accused is guilty.

It does not mean absolute certainty, but a moral certainty. If there is any reasonable doubt, the accused must be acquitted.

8. Presumptions

A presumption is an inference as to the existence of a fact not actually known, arising from its usual connection with another which is known.

1. Conclusive Presumptions (Presumption Juris et de Jure): Presumptions that the law does not allow to be contradicted.

   • Example (Rule 131, Sec. 2a): "Whenever a party has, by his own declaration, act, or omission, intentionally and deliberately led another to believe a particular thing true, and to act upon such belief, he cannot, in any litigation arising out of such declaration, act, or omission, be permitted to falsify it." (Estoppel in pais)

2. Disputable Presumptions (Presumption Juris Tantum): Presumptions that are satisfactory if uncontradicted, but may be contradicted and overcome by other evidence.

   • Examples (Rule 131, Sec. 3):
     • A person is innocent of a crime or wrong.
     • An unlawful act was done with an unlawful intent.
     • A person intends the ordinary consequences of his voluntary act.
     • Evidence willfully suppressed would be adverse if produced.

9. Judicial Notice and Judicial Admissions

• Judicial Notice: The act of a court in recognizing the existence and truth of certain facts without the need of producing evidence. It can be mandatory or discretionary.

  • Mandatory Notice: Laws of the Philippines, official acts of the government, etc.
  • Discretionary Notice: Matters of public knowledge or capable of unquestionable demonstration.

• Judicial Admissions: An admission, verbal or written, made by a party in the course of the proceedings in the same case. It does not require proof.

  • Example: An accused pleading guilty during arraignment. This admission can be used against him.

10. Quick Summary Table

Concept	Description
Evidence	The means of proving a fact in a judicial proceeding.
Object Evidence	Tangible evidence addressed to the senses.
Documentary Evidence	Evidence in writing or other permanent form.
Testimonial Evidence	Oral testimony of a witness.
Direct Evidence	Proves a fact directly.
Circumstantial Evidence	Proves a fact indirectly through inference.
Burden of Proof	The duty to present evidence to prove a claim (on prosecution).
Proof Beyond Reasonable Doubt	Standard for conviction in criminal cases.
Conclusive Presumption	Cannot be contradicted.
Disputable Presumption	Can be overcome by other evidence.
Judicial Notice	Facts the court accepts without proof.
Judicial Admission	A party's admission in the course of proceedings.

11. Multiple Choice Questions

1. What is the means, sanctioned by the rules of court, of ascertaining in a judicial proceeding the truth respecting a matter of fact? a) Law b) Procedure c) Evidence d) Trial

2. The rules of evidence shall be the same in all courts and in all trials and hearings, except as otherwise provided by ____. a) The judge b) Law or these rules c) The prosecution d) The Integrated Bar of the Philippines

3. A bloody knife found at the crime scene is an example of what type of evidence? a) Testimonial b) Documentary c) Object d) Circumstantial

4. A written confession signed by the accused is what kind of evidence? a) Testimonial b) Documentary c) Object d) Secondary

5. An eyewitness testifying that he saw the accused stab the victim is providing: a) Circumstantial Evidence b) Direct Evidence c) Object Evidence d) Corroborative Evidence

6. In a criminal case, who has the burden of proof? a) The accused b) The judge c) The prosecution d) The victim

7. What is the standard of proof required for a conviction in a criminal case? a) Preponderance of evidence b) Clear and convincing evidence c) Substantial evidence d) Proof beyond reasonable doubt

8. The presumption that a person is innocent of a crime is an example of a: a) Conclusive Presumption b) Disputable Presumption c) Inference d) Suspicion

9. A court taking cognizance of the existence of the laws of the Philippines without proof is an example of: a) Judicial Admission b) Judicial Notice c) Judicial Estoppel d) Judicial Review

10. An admission made by a party in the pleadings or in the course of the trial is a: a) Judicial Admission b) Extrajudicial Admission c) Tacit Admission d) Self-serving declaration

11. What rule states that the original of a document must be produced? a) Hearsay Rule b) Parol Evidence Rule c) Best Evidence Rule d) Chain of Custody Rule

12. A photocopy of a document is generally considered: a) Primary Evidence b) Secondary Evidence c) Direct Evidence d) Testimonial Evidence

13. The testimony of a witness who saw the accused fleeing the crime scene is: a) Direct Evidence b) Irrelevant Evidence c) Hearsay d) Circumstantial Evidence

14. The presumption that evidence willfully suppressed would be adverse if produced is a: a) Conclusive Presumption b) Disputable Presumption c) Legal maxim d) Rule of exclusion

15. Admissibility of evidence means: a) The evidence is true and credible. b) The evidence has great weight. c) The evidence is relevant and not excluded by law. d) The evidence is sufficient for conviction.

16. Which of the following is NOT one of the three main types of evidence? a) Object b) Documentary c) Testimonial d) Hearsay

17. The duty of a party to go forward with the evidence to overthrow a presumption is called: a) Burden of Proof b) Burden of Evidence c) Onus Probandi d) Both B and C

18. What is the Latin term for "burden of proof"? a) Res Ipsa Loquitur b) Onus Probandi c) Prima Facie d) Falsus in Uno, Falsus in Omnibus

19. An accused's plea of guilty during arraignment is a: a) Conclusive Presumption of guilt b) Judicial Admission c) Extrajudicial Confession d) Disputable Presumption of guilt

20. A set of circumstances, which when taken together, convinces the court of the accused's guilt is sufficient under the rule on: a) Direct Evidence b) Circumstantial Evidence c) Testimonial Evidence d) Object Evidence

21. Which of the following is a conclusive presumption? a) A person is innocent of a crime. b) Estoppel in pais. c) A person intends the ordinary consequences of his act. d) A writing is truly dated.

22. What is the primary purpose of evidence? a) To delay the proceedings b) To ascertain the truth c) To confuse the opponent d) To increase litigation costs

23. When is secondary evidence admissible? a) Whenever it is available. b) When the original is lost or destroyed. c) When the witness prefers it. d) When the court is tired of the original.

24. A CCTV recording is an example of: a) Object Evidence b) Testimonial Evidence c) Documentary Evidence d) Both A and C

25. The presumption of innocence: a) Can be overcome by a preponderance of evidence. b) Is irrebuttable. c) Requires the accused to prove his innocence. d) Can only be overcome by proof beyond reasonable doubt.

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Answer Key

1. c) Evidence
2. b) Law or these rules
3. c) Object
4. b) Documentary
5. b) Direct Evidence
6. c) The prosecution
7. d) Proof beyond reasonable doubt
8. b) Disputable Presumption
9. b) Judicial Notice
10. a) Judicial Admission
11. c) Best Evidence Rule
12. b) Secondary Evidence
13. d) Circumstantial Evidence
14. b) Disputable Presumption
15. c) The evidence is relevant and not excluded by law.
16. d) Hearsay (Hearsay is a type of testimonial evidence that is generally inadmissible)
17. d) Both B and C (Burden of Evidence is also called Onus Probandi)
18. b) Onus Probandi
19. b) Judicial Admission
20. b) Circumstantial Evidence
21. b) Estoppel in pais.
22. b) To ascertain the truth
23. b) When the original is lost or destroyed.
24. d) Both A and C (It's a physical object, but its content is a recording, which falls under the expanded definition of documentary evidence)
25. d) Can only be overcome by proof beyond reasonable doubt.