For Criminology Students

1. 2019 Proposed
Amendments to the Revised
Rules on Evidence
(A. M. No. 19-08-15-SC)

2. RULE 128
General Provisions
Evidence - is the means, sanctioned by these rules,
of ascertaining in a judicial proceeding the truth
respecting a matter of fact.
Evidence versus Proof:
Evidence is the medium of proof or the
means sanctions by the rules in ascertaining the
truth respecting a matter of fact, while proof is the
effect of result of evidence.

3. Factum probandum versus factum probans:
Factum probandum is the ultimate fact or
facts sought to be established, while factum
probans is the evidenctiary fact or facts by which
factum pronadum is to be established.

4. Kinds of evidence:
1) Object or real evidence – is the kind of evidence
which is directly addressed to the senses of the court
and consists of tangible things exhibited, viewed, or
demonstrated in open court.
2) Documentary evidence – evidence consist 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.
3) Testimonial evidence – is an oral evidence given by
the witness stand or in any proceeding.

5. 4) Direct evidence – is the kind of evidence if believed
proves the fact in issue.
5) Circumstantial evidence – is that evidence which proves
a fact or series of facts from which the facts in issue may be
established by inference.
6) Demonstrative evidence – is the kind of evidence which
demonstrates the real thing.
7) Corroborative evidence – is the kind of evidence which
merely supplements evidence which has already been
given tending to strengthen the same.
8) Cumulative evidence – is the kind of evidence which is
of the same kind and character tending to prove the same
proposition.

6. 9) Positive evidence (testimony) – is a kind of
evidence in which a witness affirms that a fact did or
did not occur.
10) Negative evidence – is a testimony that a certain
fact did not exist. (Denial and alibi are negative
evidence)
11) Prima facie evidence – denotes evidence which, if
unexplained or uncontradicted, is sufficient to sustain
the proposition it supports or to establish the facts –
prima facie means it is “sufficient to establish a fact or
raise a presumption unless disproved or rebutted.
12) Conclusive evidence – is an evidence which
establishes the fact.

7. 13) Substantial evidence – in proceedings before
administrative and quasi-judicial agencies, the
quantum of evidence required to establish a fact is
substantial evidence, or that level of relevant evidence
which a reasonable mind might accept as adequate to
justify a conclusion.
14) Preponderance of evidence – is the weight, credit,
and value of the aggregate evidence on either side and
is usually considered to be synonymous with the term
“greater weight of the evidence” or “greater weight of
the credible evidence”.
15) Proof beyond reasonable doubt – is the required
quantum of evidence in order to convict an accused.

8. 16) Clear and convincing evidence – is a kind of evidence
which establishes in the minds of a trier of facts a firm
belief on the existence of the fact in issued.
17) Competent evidence – is the kind evidence which is not
otherwise excluded by law or by the rules.
18) Incompetent evidence – is the kind of evidence which
is excluded
19) Relevant evidence – is the kind of evidence which has a
relation to the fact in issue.
20) Material evidence – one that is directed to prove a fact
in issue as determined by the rules on substantive law and
pleadings.

9. 21) Rebuttal evidence – is any component evidence to
explain, repel, counteract, or disprove adversary’s proof.
22) Sur-rebuttal evidence – evidence in reply to or to rebut
new matter introduced in rebuttal.
23) Primary evidence – is a kind of evidence which assures
the greatest certainty of fact sought to be proved, and
which does not in itself, indicate the existence of other and
better proof.
24) Secondary evidence – is any evidence other than the
document itself.
25) Evidence in chief – is the primary and main evidence
presented by the parties to prove their cause or defense.

10. 26) Newly discovered evidence – must be one that
could not, by the exercise of due diligence, have
been discovered before the trial in the court of
law.
Hierarchy if evidentiary values:
In the hierarchy of evidentiary evidence,
proof beyond reasonable doubt is at the highest
level, followed by clear and convincing evidence,
then by preponderance of evidence, and lastly by
substantial evidence, in that order.

11. Scope:
The rules of evidence shall be the same in all
courts and in all trials and hearings, except as
otherwise provided by law or these rules.
Admissibility of Evidence:
Evidence is admissible when it is relevant to
the issue and is not excluded by the Constitution,
the law of these rules.
Relevancy:
Evidence must have relation to the fact in
issue as to induce belief in its existence or non-
existence.

13. Rule 129
What need not be proved
Judicial notice:
Means that “What is known need not be proved”.
It means no more than the court will bring to its aid
and consider without proof of the facts, its knowledge of
those matters of public concern which are kwon by all
well-informed persons.
Requisites of judicial notice:
1) That it must be a matter of general or common
knowledge;
2) That it must be well and authoritatively settled,
and doubtful and uncertain;
3) That it must be known to be within the limits of
the jurisdiction of the court.

14. Judicial notice mandatory:
A court shall take judicial notice mandatorily, without the
introduction of evidence on the following matters:
1) The existence and territorial extent of states;
2) Their political history;
3) Forms of government and symbols of nationality;
4) The law of nations;
5) The admiralty and maritime courts of the world and
their seals;
6) The political constitution and history of the
Philippines;
7) The official acts of legislative, executive and judicial
departments of the Philippines;
8) The laws of nature;
9) The measure of time;
10) The geographical divisions.

15. Judicial notice discretionary:
A court may take judicial notice of the
following matters:
1) Those matters which are of public
knowledge; or
2) Matters which are capable to
unquestionable demonstration; or
3) Matters which are ought to be known to
judges because of their judicial functions.

16. Judicial admission:
Is an admission, verbal or written, made by a
party in the course of the proceedings in the same
case, which dispenses with the need for proof with
respect to the matter of fact admitted.
Extra-judicial admission:
Admission made in another case or out of
court admission.

17. Rule 130
Rules on Admissibility
A. Object (Real) Evidence
Section 1. Object evidence.
Objects as evidence are 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.

18. B. Documentary Evidence
Section 2. Documentary evidence.
Documents as evidence consist 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.

19. Documentary evidence under the New
Rules:
1) Recordings;
2) Photographs (It include still
pictures, drawing, stored images, x-ray
films, motion pictures or videos);
3) Sounds.

20. Original Document Rule
Original document must be produced; exceptions.
When the subject of inquiry is the contents of a
document, writing, recording, photograph or other record,
no evidence is admissible other than the original document
itself, except in the following cases:
a) When the original is lost or destroyed, or cannot
be produced in court, without bad faith on the part of the
offeror;
b)When the original is in the custody or under the
control of the party against whom the evidence is offered,
and the latter fails to produce it after reasonable notice, or
the original cannot be obtained by local judicial processes
or procedures;

21. c) When the original consists of numerous
accounts or other documents which cannot be
examined in court without great loss of time and
the fact sought to be established from them is only
the general result of the whole;
d) When the original is a public record in the
custody of a public officer or is recorded in a
public office; and
e) When the original is not closely-related to
a controlling issue.

22. 2. Secondary Evidence
Secondary evidence is any evidence other
than the document itself.
Thus, in order that secondary evidence may
be admissible, there must be proof by satisfactory
evidence of (1) due execution of the original; (2)
loss, destruction, or unavailability of all such
originals; and (3) reasonable diligence and good
faith in the search for or attempt to produce the
original.

23. Parol Evidence Rule:
Provides that 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, between the parties and
their successors in interest, no evidence of such
terms other than the contents of the written
agreement.

24. Basic Concepts on Testimonial Evidence
1) Testimonial evidence – is an oral evidence given by the
witness on the witness stand or in any proceeding.
2) Witness – a person called in a judicial or similar
proceeding to give testimony under oath.
Kinds of witness:
1) Competent witness – is a witness who is not
legally disqualified from testifying in courts of justice, by
reason of mental incapacity, interest on the commission of
the crimes, or other cause excluding him from testifying
generally, or rendering him incompetent in respect of the
particular subject matter, or in the particular suit.

25. 2) Incompetent witness – is a witness who is
disqualified from testifying in courts of justice, by reason
of mental mental incapacity, interest on the commission of
the crimes, or other cause excluding him from testifying
generally, or rendering him incompetent in respect of the
particular subject matter, or in the particular suit.
3) Biased witness – a witness who tends to
exaggerate.
4) Credible witness – one whose testimony is worthy
of credit and belief.
5) State witness – an accomplice who gives evidence
in criminal proceeding, usually in the expectancy of lighter
punishment or pardon.

26. 6) Child witness – is any person who at the time of
giving testimony is below the age of 18.
7) Expert witness – a person who by study or
experience has acquired particular knowledge or
experience upon matters of technical knowledge
and skill relating to a specific business or
employment.
8) Hostile or adverse witness – a witness who
manifest so much hostility or prejudice under
examination in chief that the party who has called
him, or representative, is allowed to cross-
examine him.

27. C. Testimonial Evidence
1. Qualification of witness
Sec. 21. Witnesses; their qualifications.
– All persons who can perceive, and
perceiving, can make known their perception to
others, may be witnesses.
Religious or political belief, interest in the
outcome of the case, or conviction of a crime,
unless otherwise provided by law, shall not be a
ground for disqualification.

28. Section 22. Testimony confined to personal
knowledge.
— A witness can testify only to those facts
which he or she knows of his or her personal
knowledge; that is, which are derived from his or
her own perception, except as otherwise provided
in these rules.

29. Sec. 23. Disqualification by reason of marriage.
During their marriage, the husband or the
wife cannot testify against the other without the
consent of the affected spouse, except in a civil
case by one against the other, or in a criminal case
for a crime committed by one against the other or
the latter’s direct descendants or ascendants.

30. Sec. 24. Disqualification by reason of privileged
communications.
– The following persons cannot testify as to
matters learned in confidence in the following
cases:
(a) The husband or the wife, during or after
the marriage, cannot be examined without the
consent of the other as to any communication
received in confidence by one from the other
during the marriage except in a civil case by one
against the other, or in a criminal case for a crime
committed by one against the other or the latter’s
direct descendants or ascendants.

31. (b) An attorney or person reasonably
believed by the client to be licensed to engage in
the practice of law cannot, without the consent of
the client, be examined as to any communication
made by the client to him or her, or his or her
advice given thereon in the course of, or with a
view to, professional employment, nor can an
attorney’s secretary, stenographer, or clerk, or
other persons assisting the attorney be examined
without the consent of the client and his or her
employer, concerning any fact the knowledge of
which has been acquired in such capacity, except
in the following cases:

32. (i) Furtherance of crime or fraud. If the services
or advice of the lawyer were sought or obtained to
enable or aid anyone to commit or plan to commit
what the client knew or reasonably should have
known to be a crime or fraud;
(ii) Claimants through same deceased client. As
to a communication relevant to an issue between
parties who claim through the same deceased client,
regardless of whether the claims are by testate or
intestate or by inter vivos transaction;
(iii) Breach of duty by lawyer or client. As to a
communication relevant to an issue of breach of duty
by the lawyer to his or her client, or by the client to his
or her lawyer;

33. (iv) Document attested by the lawyer. As to a
communication relevant to an issue concerning an
attested document to which the lawyer is an
attesting witness; or
(v) Joint clients. As to a communication
relevant to a matter of common interest between
two or more clients if the communication was
made by any of them to a lawyer retained or
consulted in common, when offered in an action
between any of the clients, unless they have
expressly agreed otherwise.

34. (c) A physician, psychotherapist or person
reasonably believed by the patient to be authorized to
practice medicine or psychotherapy cannot in a civil
case, without the consent of the patient, be examined
as to any confidential communication made for the
purpose of diagnosis or treatment of the patient’s
physical, mental or emotional condition, including
alcohol or drug addiction, between the patient and his
or her physician or psychotherapist. This privilege
also applies to persons, including members of the
patient’s family, who have participated in the
diagnosis or treatment of the patient under the
direction of the physician or psychotherapist.

35. A “psychotherapist” is:
(a) A person licensed to practice medicine
engaged in the diagnosis or treatment of a mental
or emotional condition, or
(b) A person licensed as a psychologist by the
government while similarly engaged.

36. (d) A minister, priest or person reasonably
believed to be so cannot, without the consent of
the affected person, be examined as to any
communication or confession made to or any
advice given by him or her, in his or her
professional character, in the course of discipline
enjoined by the church to which the minister or
priest belongs.

37. (e) A public officer cannot be examined
during or after his or her tenure as to
communications made to him or her in official
confidence, when the court finds that the public
interest would suffer by the disclosure.
The communication shall remain privileged,
even in the hands of a third person who may have
obtained the information, provided that the
original parties to the communication took
reasonable precaution to protect its
confidentiality. (24a)

38. 2. Testimonial Privilege
Testimonial privilege – it is a privilege which
consist of exempting the witness, having attended
the court where his testimony is desired, from
disclosing a certain part of his knowledge.
Parental privilege — provides that “No person
may be compelled to testify against his parents.”
Filial privilege – provides that “No person may be
compelled to testify against his other descendants,
children or other direct descendants.”

39. Section 26. Privilege Relating to Trade
Secrets.
— A person cannot be compelled to testify
about any trade secret, unless the non-disclosure
will conceal fraud or otherwise work injustice.
When disclosure is directed, the court shall take
such protective measure as the interest of the
owner of the trade secret and of the parties and
the furtherance of justice may require.

40. 3. Admissions and Confessions
Admission - is the act, declaration or omission of a
party as to a relevant fact may be given in evidence
against him.
Judicial admission – is an admission made in
connection with a judicial proceeding in the same
case in which it is offered.
Extra-judicial admission – admission made not in
the same case or in any other case.
Self-serving evidence – is a statement of a party
intended to serve his own interest.

41. Offer of Compromise:
Is an offer to settle a dispute or difference amicably for
the purpose of avoiding a lawsuit and without admitting
liability.
Rule on offer of compromise:
1) In civil cases, an offer of compromise is not an
admission of any liability, and is not admissible in evidence
against the offeror.
2) In criminal cases, except those involving quasi-
offenses (criminal negligence) or those allowed by law to be
compromised, an offer of compromised by the accused may
be received in evidence as an implied admission of guilt.

42. Admission by third party (Sec. 29)
The rights of a party cannot be prejudiced by
an act, declaration, or omission of another, except
as hereinafter provided.
Res Inter Alios Acta Rule:
The rights of a party cannot be prejudiced by
an act, declaration, or omission of another, except
as hereinafter provided.

43. Exceptions to the Res Inter Alios Acta Rule:
1) Admission of a third person who is a co-
partner, agent;
2) Acts, declaration, or omission of a joint
owner, joint debtor, or other person jointly
interested with the party;
3) Admission by co-conspirator;
4) Admission by privies;
5) Admission by silence.

44. Admission by Co-Partner or Agent (Sec. 30)
— The act or declaration of a partner or agent
authorized by the party to make a statement
concerning the subject, or within the scope of his
or her authority, and during the existence of the
partnership or agency, may be given in evidence
against such party after the partnership or agency
is shown by evidence other than such act or
declaration. The same rule applies to the act or
declaration of a joint owner, joint debtor, or other
person jointly interested with the party

45. Admission by Conspirator (Sec. 31)
— The act or declaration of a conspirator in
furtherance of the conspiracy and during its
existence may be given in evidence against the co-
conspirator after the conspiracy is shown by
evidence other than such act of declaration.

46. Admission by Silence (Sec. 33)
— An act or declaration made in the presence
and within the hearing or observation of a party
who does or says nothing when the act or
declaration is such as naturally to call for action or
comment if not true, and when proper and
possible for him or her to do so, may be given in
evidence against him or her.

47. Confession (Sec. 34)
Is the declaration of an accused acknowledging
his or her guilt of the offense charged, or of any
offense necessarily included therein, may be given in
evidence against him or her.
Judicial confession – is one made before a court in
which the case is pending and in the course of a legal
proceeding therein and, by itself can sustain a
conviction even in capital offenses.
Extra-judicial confession – is one made in any other
place or occasion and cannot sustain a conviction
unless corroborated by evidence of “corpus delicti”.

48. 4. Previous Conduct As Evidence
Similar Acts as Evidence (Sec. 35)
Evidence that one did or did not do a certain
thing at one time is not admissible to prove that
he or she did or did not do the same or similar
thing at another time; but it may be received to
prove a specific intent or knowledge, identity,
plan, system, scheme, habit, custom or usage, and
the like.

49. 5. Hearsay
Hearsay (Sec. 37)
Hearsay is a statement other than one made by the
declarant while testifying at a trial or hearing, offered to prove
the truth of the facts asserted therein.
A statement is (1) an oral or written assertion or (2) a
non-verbal conduct of a person, if it is intended by him or her as
an assertion.
Hearsay evidence is inadmissible except as otherwise
provided in these Rule.
Hearsay Evidence 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, except as otherwise provided in these rules.

50. A statement is not hearsay if the declarant
testifies at the trial or hearing and is subject to
cross-examination concerning the statement, and
the statement is (a) inconsistent with the
declarant's testimony, and was given under oath
subject to the penalty of perjury at a trial hearing,
or other proceeding, or in a deposition; (b)
consistent with the declarant's testimony and is
offered to rebut an express or implied charge
against the declarant of recent fabrication or
improper influence or motive; or (c) one of
identification of a person made after perceiving
him or her.

51. 6. Exceptions To The Hearsay rule
Dying declaration (Sec. 38)
The declaration of a dying person, made
under the consciousness of an impending death,
may be received in any case wherein his or her
death is the subject of inquiry, as evidence of the
cause and surrounding circumstances of such
death.
An ante-mortem statement which refers to
the cause and surrounding circumstances of the
declarant’s death, made under the consciousness
of an impending death.

52. Section 44. Part of the res gestae.
— Statements made by a person while a
startling occurrence is taking place or immediately
prior or subsequent thereto, under the stress of
excitement caused by the occurrence with respect
to the circumstances thereof, may be given in
evidence as part of the res gestae. So, also,
statements accompanying an equivocal act
material to the issue, and giving it a legal
significance, may be received as part of the res
gestae.

53. 7. Opinion Rule
General rule (Sec. 51)
The opinion of a witness is not admissible,
except as indicated in the following sections.

54. Opinion of expert witness (Sec. 52)
The opinion of a witness on a matter
requiring special knowledge, skill, experience,
training or education, which he or she is shown to
possess, may be received in evidence.
Expert witness – a person who by study or
experience has acquired particular knowledge or
experience upon matters of technical knowledge
and skill relating to a specific business or
employment.

55. Opinion of ordinary witnesses (Sec. 53)
The opinion of a witness, for which proper
basis is given, may be received in evidence
regarding –
(a) The identity of a person about whom he
or she has adequate knowledge;
(b) A handwriting with which he or she has
sufficient familiarity; and
(c) The mental sanity of a person with whom
he or she is sufficiently acquainted.
The witness may also testify on his or her
impressions of the emotion, behavior, condition
or appearance of a person.

56. 8. Character Evidence
Character evidence (Sec. 54)
Evidence of a person's character or a trait of
character is not admissible for the purpose of
proving action in conformity therewith on a
particular occasion, except:

57. (a) In Criminal Cases:
1) The character of the offended party may
be proved if it tends to establish in any reasonable
degree the probability or improbability of the
offense charged.
2) The accused may prove his or her good
moral character, pertinent to the moral trait
involved in the offense charged. However, the
prosecution may not prove his or her bad moral
character unless on rebuttal.

58. (b) In Civil Cases:
Evidence of the moral character of a party in
a civil case is admissible only when pertinent to
the issue of character involved in the case.

59. (c) In Criminal and Civil Cases:
Evidence of the good character of a witness is not
admissible until such character has been impeached.
In all cases in which evidence of character or a trait
of character of a person is admissible, proof may be made
by testimony as to reputation or by testimony in the form
of an opinion. On cross- examination, inquiry is allowable
into relevant specific instances of conduct.
In cases in which character or a trait of character of a
person is an essential element of a charge, claim or
defense, proof may also be made of specific instances of
that person's conduct.

60. Rule 131
Burden of Proof, Burden of Evidence and
Presumptions
Burden of Proof and Burden of Evidence (Sec. 1)
Burden of proof 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.
Burden of evidence is the duty of a party to present
evidence sufficient 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.

61. Presumption - is the logical inference of the truth
or falsity at a point in dispute.
2 classes of presumption:
1) Presumption juris or presumption of law;
2) Presumption hominis or presumption of
fact - is a deduction which reason draws from
facts proved without an express direction to the
effect.

62. Kinds of legal presumption:
1) Conclusive presumptions – are
presumptions which always hold as true and
cannot be overcome by evidence to the contrary.
2) Disputable presumption – are
presumptions of law which always holds true only
as long as they are not overcome by competent
evidence to the contrary.

63. Rule 132
Presentation of Evidence
Examination of witness – it is elicitation of information in a court by
question and answer of witness.
Trial – a trial is a judicial process of investigating and determining the
legal controversies, starting with the production of evidence by the
plaintiff and ending with his closing arguments.
Trial on the merits – trial of substantive issue in a case.
Inverted trial – is a kind of trial in which the accused admitted the
crime but interposes an exculpatory defenses, and the burden of
jurisdiction is now on him and he will be the first to present evidence.
Trial in absentia – is a kind of trial conducted after the accused has
been arraigned and he was duly notified of the trial and his failure to
appear thereat is unjustified.

64. The examination of witnesses presented in a
trial or hearing shall be done:
1) In open court; and
2) Under oath or affirmation;
3) Unless the witness is incapacitated to
speak, or the questions call for a different mode of
answer, the answers of the witness shall be given
orally.

65. Rights and obligations of a witness (Sec. 3)
A witness must answer questions, although
his or her answer may tend to establish a claim
against him or her.
However, it is the right of a witness:
(1) To be protected from irrelevant,
improper, or insulting questions, and from harsh
or insulting demeanor;
(2) Not to be detained longer than the
interests of justice require;

66. (3) Not to be examined except only as to
matters pertinent to the issue;
(4) Not to give an answer which will tend to
subject him or her to a penalty for an offense
unless otherwise provided by law; or
(5) Not to give an answer which will tend to
degrade his or her reputation, unless it to be the
very fact at issue or to a fact from which the fact in
issue would be presumed. But a witness must
answer to the fact of his or her previous final
conviction for an offense.

67. Section 4. Order in the examination of an
individual witness.
— The order in which the individual witness
may be examined is as follows;
(a) Direct examination by the proponent;
(b) Cross-examination by the opponent;
(c) Re-direct examination by the proponent;
(d) Re-cross-examination by the opponent.

68. Section 5. Direct examination.
— Direct examination is the examination-in-
chief of a witness by the party presenting him or
her on the facts relevant to the issue.

69. Section 6. Cross-examination; Its Purpose and
Extent.
— Upon the termination of the direct
examination, the witness may be cross-examined
by the adverse party on any relevant matter, with
sufficient fullness and freedom to test his or her
accuracy and truthfulness and freedom from
interest or bias, or the reverse, and to elicit all
important facts bearing upon the issue.

70. Section 7. Re-direct examination; its purpose and
extent.
— After the cross-examination of the witness
has been concluded, he or she may be re-
examined by the party calling him or her, to
explain or supplement his or her answers given
during the cross-examination. On re-direct-
examination, questions on matters not dealt with
during the cross- examination, may be allowed by
the court in its discretion.

71. Section 8. Re-cross-examination.
— Upon the conclusion of the re-direct
examination, the adverse party may re- cross-
examine the witness on matters stated in his or
her re-direct examination, and also on such other
matters as may be allowed by the court in its
discretion.

72. Section 9. Recalling witness.
— After the examination of a witness by both
sides has been concluded, the witness cannot be
recalled without leave of the court. The court will
grant or withhold leave in its discretion, as the
interests of justice may require.

73. Exclusion and Separation of Witnesses (Sec. 15)
– The court, motu proprio, or upon motion,
shall order witnesses excluded so that they cannot
hear the testimony of other witnesses. This rule
does not authorize exclusion of (a) a party who is a
natural person, (b) a duly designated
representative of a juridical entity which is a party
to the case, (c) a person whose presence is
essential to the presentation of the party’s cause,
or (d) a person authorized by a statute to be
present.

74. The court may also cause witnesses to be
kept separate and to be prevented from
conversing with one another, directly or through
intermediaries, until all shall have been examined.

75. Section 16. When Witness May Refer to
Memorandum.
— A witness may be allowed to refresh his or her
memory respecting a fact, by anything written or recorded
by himself or herself, or under his or her direction at the
time when the fact occurred, or immediately thereafter, or
at any other time when the fact was fresh in his or her
memory and he or she knew that the same was correctly
written or recorded; but in such case the writing or record
must be produced and may be inspected by the adverse
party, who may, if he or she chooses, cross examine the
witness upon it, and may read it in evidence. A witness
may also testify from such writing or record, though he or
she retains no recollection of the particular facts, if he or
she is able to swear that the writing or record correctly
stated the transaction when made; but such evidence must
be received with caution.

76. Offer and Objection
Rule on Offer of Evidence:
The court shall consider no evidence which
has not been formally offered. The purpose for
which the evidence is offered must be specified.

77. Rule 133
Weight and Sufficiency of Evidence
Preponderance of evidence – is the weight, credit,
and value of the aggregate evidence on either side
and is usually considered to be synonymous with
the term “greater weight of the evidence” or
“greater weight of the credible evidence.”

78. Proof beyond reasonable doubt:
In a criminal case, the accused is entitled to
an acquittal, unless his or her guilt is shown
beyond reasonable doubt. Proof beyond
reasonable doubt does not mean such a degree of
proof, excluding possibility of error, produces
absolute certainly. Moral certainly only is
required, or that degree of proof which produces
conviction in an unprejudiced mind.
Proof beyond reasonable doubt is the
required quantum of evidence in order to convict
an accused.

79. Extrajudicial confession, not sufficient ground for
conviction (Sec. 3)
A declaration made at any time be a person,
voluntarily, and without compulsion or inducement,
stating or acknowledging that he has committed or
participated in the commission of a crime.
An extrajudicial confession made by an accused,
shall not be sufficient ground for conviction, unless
corroborated by evidence of corpus delicti.
Corpus delicti – refers to the fact of the commission of the
crime charged or to the body or substance of the crime.

80. Circumstantial evidence (Sec. 4)
Is defined as that evidence that indirectly
proves a fact in issue through an inference which
the fact-finder draws from the evidence
established.
Circumstantial evidence is that evidence
which proves a fact or series from which the facts
in issue may be established by inference.

81. Requirements for a circumstantial evidence to
sustain conviction:
(a) There is more than one circumstances;
(b) The facts from which the inferences are
derived are proven; and
(c) The combination of all the circumstances
is such as to produce a conviction beyond
reasonable doubt.
Inferences cannot be based on other
inferences.

82. Substantial Evidence (Sec. 6)
In cases filed before administrative or quasi-
judicial bodies, a fact may be deemed established
if it is supported by substantial evidence, or that
amount of relevant evidence which a reasonable
mind might accept as adequate to justify a
conclusion.

83. Thank you!