CRIMINAL EVIDENCE

1. .Trial refers to “the examination before a competent tribunal, according to the laws of the
land, of the facts in issue in a cause, for the purposes of determining such issue” (U.S. v.
Raymundo, 14 Phil 416).

2. 2.Evidence helps in the determination of Questions of Facts by helping the judge

reconstruct the chain of events from the conception up to the consummation of a criminal
design.

3. 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

4. Factum Probans – The evidentiary Facts. These addresses questions of fact.

Examples:
•    exit wounds were in front indicating that victim was shot at the back
•    destroyed locks indicative of force upon things
5. 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”.
6. 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.
7. Quantum of evidence – the totality of evidence presented for consideration
8. Quantum of proof – refers to the degree of proof required in order to arrive at a
conclusion.
9. Burden of evidence – the duty of a party of going forward with evidence.
10. Burden of proof – the duty of the affirmative to prove that which it alleges.
11. Criminal Action – proof beyond reasonable doubt [that degree of proof which produces
conviction in an unprejudiced mind]
12. Civil Action – preponderance of evidence [evidence of greater weight or more
convincing than that which is offered to refute it]
13. Administrative Action – sufficiency of evidence [that amount of relevant evidence
which a reasonable mind might accept as adequate to justify a conclusion]
14. Exclusionary Rule. (Fruit of the poisonous tree doctrine)
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”.As a result, jurisprudence has evolved a rule that
renders inadmissible any evidence obtained in an illegal search from being introduced in
trial.
15. Principle of Chain of Custody of Evidence
If the evidence is of a type which cannot be easily recognized or can readily be confused
or tampered with, the proponent of the object must present evidence of its chain of
custody. The proponent need not negate all possibilities of substitution or tampering in
the chain of custody, but must show that:
The evidence is identified as the same object which was taken from the scene;
It was not tampered with, or that any alteration can be sufficiently explained (i.e.
 discoloration due to the application of ninhydrine solution, etc.); and
The persons who have handled the evidence are known and may be examined in court
with regard to the object.
16. Probative value-It is the tendency of the evidence to establish the proposition that it is
offered to prove.
17. 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.
18. Antecedent circumstances – facts existing before the commission of the crime [i.e.
hatred, bad moral character of the offender, previous plan, conspiracy, etc.]
19. Concomitant circumstances – facts existing during the commission of the crime [i.e.
opportunity, presence of the accused at the scene of the crime, etc.]
20. 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.]
21. Confession – an acknowledgement of guilt.
22. Admission – an acknowledgment of facts.
23. Relevant evidence – evidence having any value in reason as tending to prove any matter
provable in an action.
24. 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
25. Competent evidence – not excluded by law.
26. Direct evidence – proves the fact in issue without aid of inference or presumptions.
27. 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.
28. Positive evidence – evidence which affirms a fact in issue.
29. Negative evidence - evidence which denies the existence of a fact in issue.
30. Rebutting evidence – given to repel, counter act or disprove facts given in evidence by
the other party.
31. Primary/Best evidence – that which the law regards as affording the greatest certainty.
32. Secondary evidence – that which indicates the existence of a more original source of
information.
33. Expert evidence – the testimony of one possessing knowledge not usually acquired by
other persons.
34. Prima facie evidence – evidence which can stand alone to support a conviction unless
rebutted.
35. Conclusive evidence – incontrovertible evidence
36. Cumulative evidence – additional evidence of the same kind bearing on the same point.
37. Corroborative evidence – additional evidence of a different kind and character tending to
prove the same point as that of previously offered evidence.
38. Character evidence – evidence of a person’s moral standing or personality traits in a
community based on reputation or opinion.
39. Demeanor evidence – the behavior of a witness on the witness stand during trial to be
considered by the judge on the issue of credibility.
40. Demonstrative evidence – evidence that has tangible and exemplifying purpose.
41. Hearsay evidence – oral testimony or documentary evidence which does not derive its
value solely from the credit to be attached to the witness himself.
42. Testimonial evidence – oral averments given in open court by the witness.
43. Object/Auotoptic proferrence/Real evidence – those addressed to the senses of the court
(sight, hearing, smell, touch, taste).
44. Documentary evidence – those consisting of writing or any material containing letters,
words, numbers, figures, symbols or other modes of written expression offered as proof
of its contents.
45. 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.
46. Secondary Evidence
When the original document has been:
1.    lost,
2.    destroyed, or
3.    cannot be produced in court.
47. Res Inter Alios Acta Rule
General Rule: The rights of a party cannot be prejudiced by an act, declaration, or
omission of another.
Exception:
1.    admission by a co-partner or agent
2.    admission by a conspirator
3.    admission by privies
4.    admission by silence

48. 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 another’s personal knowledge is hearsay, and is therefore
inadmissible.
49. 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.
50. Presumption – an inference as to the existence of a fact not actually known, arising from
its usual connection with another which is known or a conjecture based on past
experience as to what course human affairs ordinarily take.
51. Conclusive presumptions [jure et de jure] – based on rules of substantive law which
cannot be overcome by evidence to the contrary.
52. Disputable presumptions [prima facie presumptions, rebuttable presumptions] – based on
procedural rules and may be overcome by evidence to the contrary.
53. Estoppel by record or judgment – the preclusion to deny the truth of matters set forth in a
record, whether judicial or legislative, and also deny the facts adjudicated by a court of
competent jurisdiction (Salud v. CA, 233 SCRA 387).
54. Estoppel by deed – a bar which precludes a party to a deed and his privies from asserting
as against the other and his privies any right or title in derogation of the deed or denying
the truth of any material fact asserted in it (Iriola v. Felices, 30 SCRA 202).
55. Estoppel in pais – based upon express representation or statements or upon positive acts
or conduct. A party cannot, in the course of litigation or in dealings in pais, be permitted
to repudiate his representation or occupy inconsistent positions.
56. Estoppel against Tenant – the tenant is not permitted to deny the title of his landlord at
the time of the commencement of the relation of landlord and tenant between them
57. Direct examination – the examination in chief of a witness by the party presenting him on
the facts relevant to the issue.
58. Cross examination – the examination by the adverse party of the witness as to any matter
stated in the direct examination, or connected therewith, with sufficient fullness and
 freedom from interest or bias, or the reverse, and to elicit all important facts bearing upon
the issue.
59. Re-direct examination – second questioning by the proponent to explain or supplement
answers given in the cross examination.
60. Re-cross examination – second questioning by the adverse party on matters stated on the
re-direct and also on such matters as may be allowed by court.
61. Leading questions –It is one where the answer is already supplied by the examiner into
the mouth of the witness. [Ex. You saw Jose killed Juan because you were present when
it happened, didn’t you?]
62. Misleading question – a question which cannot be answered without making an
unintended admission. [Ex. Do you still beat your wife?]
63. Compound question – a question which calls for a single answer to more than one
question. [Ex. Have you seen and heard him?]
64. Argumentative question – a type of leading question which reflects the examiners
interpretation of the facts. [Ex. Why were you driving carelessly?]
65. Speculative question – a question which assumes a disputed fact not stated by the witness
as true. [Ex. The victim cried in pain, didn’t he?]
66. Conclusionary question – a question which asks for an opinion which the witness is not
qualified or permitted to answer. [Ex. Asking a high school drop-out whether the gun
used is a Cal. 45 pistol or 9mm pistol]
67. Cumulative question – a question which has already been asked and answered.
Harassing/Embarrassing question – [Ex. Are you a homosexual?]
68. Public documents are:
    1. The written official acts, or records of the official acts of sovereign authority,
official bodies and tribunals, and public officers, whether of the Philippines, or a foreign
country.
    2. Documents acknowledged before a notary public except last wills and testaments.
    3. Public records (1) kept in the Philippines, or private documents (2) required by law
to be entered therein.
69. Verba legis non est decendendum – from the words of the law there can be no departure.
70. Dura lex sed lex – the law may be harsh but it is the law.
71. Ignorantia legis neminem excusat – ignorance of the law excuses no one.
72. Ignorantia facti excusat – mistake of fact excuses.
73. Praeter intentionem – different from that which was intended.
74. Error in personae – mistake in identity.
75. Abberatio Ictus – mistake in the blow
76. Nulum crimen, nulla poena sine lege – there is no crime when there is no law punishing
the same.
77. Actus non facit reum, nisi mens sit rea – the act cannot be criminal where the mind is not
criminal.
78. Actus mi invictu reus, nisi mens facit reum – an act done by me against my will is not
my act.
79. Mens rea – guilty mind.
80. Actus reus – guilty act.
81. Res ipsa loquitor – the thing speaks for itself.
82. Causa Proxima – proximate cause which produced the immediate effect.
83. Prima facie – at first glance.

84. Locus Criminis – scene of the crime or crime scene.

85. 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.
86. Res Gestae – the thing itself.
87. 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).
88. Decision - the judgment reached or given by a court of law.
89. Default judgment - a decision of the court against the defendant because of failure to
respond to a plaintiff's action.
90. Defendant - in a civil case, the person being sued. In a criminal case, the person charged
with a crime.
91. Deposition - oral  or written testimony under oath but outside the court room.
92. Detention - temporary confinement of a person by a public authority.
93. Diminished capacity - a variation of the insanity defense that is applicable if the
defendant lacks the ability to meaningfully premeditate the crime.
94. Direct evidence - proof of facts by witnesses who saw acts done or heard words spoken
as distinguished from circumstantial or indirect evidence.Information offered by
witnesses who testify about their own knowledge of the facts.
95. Direct examination - the first questioning of witnesses by the party in whose behalf they
are called.
96. Diversion - the process of removing some minor criminal, traffic or juvenile cases from
the full judicial process on the condition that the accused undergo some sort of
rehabilitation or make restitution for damages.Diversion may take place before the trial 
or its equivalent.
97. Discovery - a pre-trial procedure by which one party can obtain vital facts and
information material to the case to assist in preparation for the trial.The purpose of
discovery is to make for a fair trial and to allow each party to know what document and
information the opponents has in its possession.
98. Double jeopardy - putting a person on trial more than once for the same crime.
99. Dismissal - action by the court that removes the court's jurisdiction over a given case.
100. Direct questions - queries that are phrased in a positive and confident manner, are
stated clearly and address the topic in a forthright manner.