EVIDENCE Introduction Definition – the means, sanctioned by these rules, of ascertaining in a judicial proceeding, the truth respecting a matter of fact. (Rule 128, Sec. 1.) Scope of applicability – 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. (Rule 128, Sec 2.) Notes: The Rules on Evidence apply only when there is going to be a trial. Note that there can be a judgment on pleadings, by confession, consent and compromise etc. IN CIVIL CASES. Mere denial in the answer in a CIVIL CASE will not present a probandum hence no need for the court to try the case. Such general denial will be considered as an admission. In CRIMINAL CASES, We have to wait until the accused enters a plea. This time a general denial is allowed. If the accused enters a plea of guilty there is no probandum. However in CRIMINAL CASES, the court could still try the case if the case involves a heinous crime. The Rules on evidence are not self-executing. So the rule is any evidence submitted will be admitted so long as there is no objection. This principle is only for the purpose of admissibility. It does not mean that the court will take these irrelevant evidence in evaluating on the merits of the case. DIFFERENCE IN RULES ON EVIDENCE IN CRIMINAL CASES AND CIVIL CASES BASIS Criminal Case Civil Case Quantum of Proof Proof Beyond Reasonable Preponderance of Doubt evidence Denial General Denial Allowed Must be Specific Denial Withdrawal of Withdrawn plea is Judicial Admission Plea/Admission inadmissible withdrawn becomes an extrajudicial admission Cross Examination in Applicable Not applicable Summary Procedure Equiponderance Rule Accused is acquitted Party who loses is the one who has burden of proof Presence of More than one is required One suffices Circumstantial Evidence Priviliged Not applicable Applicable Communication- Dr.- Patient Compulsion as a Cannot compel accused No prohibition, rules witness to be a witness provides only limitations Evidentiary Privilege- entitles the privilege holder to withhold competent evidence and, in some circumstances, to prevent others from revealing such evidence. The privilege is granted when the protected interest is considered important enough to outweigh the concern with determining the truth. The privilege holder need not be a party to the proceeding in question. Unlike a disqualification, a privilege can be waived. Privileges are often intended to preserve confidential relationships. Executive Privilege- members of the executive branch of government cannot legally be forced to disclose their confidential communications when such disclosure would adversely affect the operations or procedures of the executive branch. FACTUM PROBANDUM vs. FACTUM PROBANS Factum Probandum-proposition to be established. The fact/s in issue. Factum Probans- materials evidencing the proposition Notes: 1. In both CIVIL and CRIMINAL cases, the probandum contained in the pleadings could be changed in the pre-trial order. However, with respect to CRIMINAL CASES, the pre-trial order SHOULD NOT substantially change the accusation/indictment contained in the information, otherwise the case will be dismissed. 2. A court can validly try a fact in issue not raised in the pleadings or pre- trial order. Rule 10 provides that a fact in issue may be raised with the express or implied consent of the parties during the trial (Amendment to conform to evidence) 3. Ascertainment of probandum does not apply in special proceedings. (i.e. If there is a petition for probate of a will, even if there is no opposition the petitioner is still required by law to prove that the will has been duly executed in accordance with the Civil Code) EVIDENCE vs. PROOF Proof- is the effect of evidence. It is the probative effect of evidence and is the conviction or persuasion of the mind resulting from a consideration of the latter. Evidence- is the cause necessary to establish proof. I. Admissibility A. Relevance – The evidence has such a relation to the fact in issue as to induce belief in its existence or non-existence. Evidence on collateral matters shall not be allowed, except when it tends in any reasonable degree to establish the probability or improbability of the fact in issue. (Rule 128, Secs. 3 and 4.) - In conclusion, relevancy is not determined by law nor the rules of court. It is determined purely by LOGIC. B. Competence – The evidence is not excluded by the law or the rules (Rule 128, Sec. 3.) Do not confuse COMPETENT WITNESS from COMPETENT EVIDENCE. The COMPETENCY TEST of evidence applies to the TESTIMONY of the qualified witness. Since admissibility of evidence is determined by its relevance and competence, admissibility is therefore an affair of logic and law. On the other hand, the weight to be given to such evidence depends on judicial evaluation within the guidelines provided in Rule 133 and the jurisprudence laid down by the court. (People vs. Turco, 2000) Relevant evidence is one that has any value in reason as tending to prove any matter probable in an action. Evidence is said to be material when it is directed to prove a fact in issue as determined by the rules of substantive law and pleadings, while competent evidence is one that is not excluded by law in a particular case. (Bautista vs. Aparece, 1995) Exclusionary Rules under the 1987 Constitution 1.1 Secs. 2 & 3, Art. III – The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized. The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise as prescribed by law. Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding. 1.2 Sec. 12, Art III – Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel. No torture, force, violence, threat, intimidation, or any other means, which vitiate the free will, shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited. Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against him. Sec. 17, Art III – No person shall be compelled to be a witness against himself. This right is recognized under he Rules on Evidence, which provides that, it is the right of a witness not to give an answer which will tend to subject him to a penalty for an offense unless otherwise provided by law. [Sec. 3 (4), Rule 132, ROC) NOTES AND COMMENTS: The human body could be used as evidence without violating the right. Mechanical acts without the use of intelligence do not fall within the scope of the protection. Some of the acts which are not covered by the right of self-incrimination are the following: a. Fingerprinting, photographing nd paraffin testing, physical examination. (U.S. v. Tang, 23 Phil. 145_) b. Physical examination of a woman accused of adultery to determine if she is pregnant. (U.S. v. On Suy Hon, 36 Phil. 735; Villaflor v. Summers, 41 Phil. 62) c. Undergoing ultra-violet rays examination to determine presence of flourescent powder on the hands. (People v. Tranca, 35 SCRA 455) d. Subpoena directing government officials to produce official documents or public records in their custody. e. Fitting the accused foot over a foot print, putting on a pair of trousers, etc. 2. Statutory Rules of Exclusion 2.1 Sec. 201, NIRC – An instrument, document or paper which is required by law to be stamped and which has been signed, issued, accepted or transferred without being duly stamped, shall not be recorded, nor shall it or any copy thereof or any record of transfer of the same be admitted or used in evidence in any court until the requisite stamp or stamps shall have been affixed thereto and cancelled. 2.2 R.A. 4200 (Wire-tapping Act) – Sec. 1. It shall be unlawful for any person, not being authorized by all the parties to any private communication or spoken word, to tap any wire or cable, or by using any other device or arrangement, to secretly overhear, intercept, or record such communication or spoken work by using a device commonly known as a Dictaphone or dictograph or detectaphone or walkie-talkie or tape recorder, or however otherwise described. x x Sec. 4. Any communication or spoken word, or the existence, contents, substance, purport, effect, or meaning of the same or any part thereof, or any information therein contained, obtained or secured by any person in violation of the preceding sections of this Act shall not be admissible in evidence in any judicial, quasi-judicial, legislative or administrative hearing or investigation. An extension telephone cannot be placed in the same category as a Dictaphone, dictograph or the other devices enumerated in Sec. 1 of RA 4200 as the use thereof cannot be considered as “tapping” the wire or cable of a telephone line.