Basilan State College

COLLEGE OF CRIMINAL JUSTICE EDUCATION

Course Code CLJ 4 Week/Day Week 1

Course Description CRIMINAL EVIDENCE Duration 1 week
Lesson/Topic Preliminaries and Orientation of the Course Lesson No. 1-3
Lesson 1: General Concepts
Lesson 2: Admissibility of Evidence
Lesson 3: Test of Relevancy

Learning Once this unit has been successfully completed, the student will be able to:
Outcome/s - Demonstrate an understanding of the nature, origin, purposes, and sanctions of
substantive criminal law;
- Define the meaning of Criminal Evidence.
- Understand the rules of admissibility of evidence.
- Distinguish the similarities and differences of the various concepts under the
Rules.
Reference/s - 1997 Rules of Court
-Criminal Law Reviewers
- Remedial Law Reviewers
Course Coach ENGR. ALDRIN BUCOY-ABDURAHIM, CpE, JD
Email account – [email protected]
Fb account – Aldrin Bucoy Abdurahim
Contact # - 09171940180

I – Activation of Prior Knowledge.

PRE-TEST. Please answer the questions below before heading into this to see how much you
know about this course. Write your answer on the sheets provided.

1. Why study Criminal Evidence?

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2. What do you expect to learn on this study?

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II – Engagement in Relevant Content and Appropriate Learning Activity/Activities.

READ AND PONDER!

Are you ready to learn about this? We will cover first three lessons to include General Concepts involving Criminal
Law and Criminal Evidence.

EVIDENCE: A. GENERAL PRINCIPLES

1. CONCEPT OF EVIDENCE

Q: What is evidence?
A: Evidence is the means, sanctioned by the Rules of Court, of ascertaining in a judicial proceeding the truth
respecting a matter of fact. (Sec. 1, Rule 128)

Q: What are the four component elements?

A: 1. Means of ascertainment – includes not only the procedure or manner of ascertainment but also the
evidentiary fact from which the truth respecting a matter of fact may be ascertained
2. Sanctioned by the rules – not excluded by the Rules of Court
3. In a judicial proceeding – contemplates an action or proceeding filed in a court of law
4. The truth respecting a matter of fact – refers to an issue of fact and is both substantive (determines the
facts needed to be established) and procedural (governs the manner of proving said facts).

Q: Why is evidence required?

A: It is required because of the presumption that the court is not aware of the veracity of the facts involved in
a case. It is therefore incumbent upon the parties to prove a fact in issue thru the presentation of admissible
evidence (Riano, Evidence: A Restatement for the Bar, p. 2, 2009 ed.).
 Kindly do these activity (Post this in our chatbox, only at the scheduled time we need to meet.)

Name:

Activity: Instruction: On your own thoughts, what do you think are the meanings of the following
words/terms?
1. Crimes

2. Penalty

3. Criminologist

4. Law Enforcement

5. Peace

Do not proceed to the next sets of discussion without you fulfilling the next activity.

Let us now proceed.

2. SCOPE OF THE RULES OF EVIDENCE

Q: What is the scope of the Rules of Evidence?

A: The rules of evidence shall be the same in all courts and in all trials and hearings, except as otherwise
provided by law or by these rules. It is guided by the principle of uniformity. (Sec. 2, Rule 128).

NOTE: It does not apply to election cases, land registration, cadastral, naturalization and insolvency
proceedings, and other cases, except by analogy or in suppletory character and whenever practicable and
convenient. (Sec. 4, Rule 1, Rules of Court)

Q: Are there vested rights under the Rules of Evidence?

A: No. Any evidence inadmissible according to the laws in force at the time the action accrued, but
admissible according to the laws in force at the time of the trial is receivable.

3. EVIDENCE IN CIVIL CASES VERSUS EVIDENCE IN CRIMINAL CASES

Q: Distinguish Evidence in Civil Cases from Evidence in Criminal Cases.

A: Civil Cases Criminal Cases
The party having the burden of proof must prove his claim by a preponderance of evidence
The guilt of the accused has to be proven beyond reasonable doubt
An offer of compromise is not an admission of any liability, and is not admissible in evidence against the
offeror
An offer of compromise by the accused may be received in evidence as an implied admission of guilt
The concept of presumption of innocence does not apply
The accused enjoys the constitutional presumption of innocence

4. PROOF VERSUS EVIDENCE

Q: Distinguish proof from evidence.
A: Proof Evidence
The effect when the requisite quantum of evidence of a particular fact has been duly admitted and given
weight
The mode and manner of proving competent facts in judicial proceedings
The probative effect of evidence
The means of proof

5. FACTUM PROBANS VERSUS FACTUM PROBANDUM

Q: Distinguish factum probandum from factum probans.

Factum Probandum Factum Probans

The ultimate fact sought to be The intermediate facts
established
Proposition to be established Materials which establish the
proposition
Hypothetical Existent

Note: Every evidentiary question involves the relationship between the factum probandum and
factum probans.

6. ADMISSIBILITY OF EVIDENCE

Q: Distinguish admissibility of evidence from probative value of evidence.

A: Admissibility Probative Value
Question of whether certain pieces of evidence are to be considered at all.
Question of whether the admitted evidence proves an issue.

Note: Thus, a particular item of evidence may be admissible, but its evidentiary weight depends on judicial
evaluation within the guidelines provided by the rules of evidence (Heirs of Sabanpan v. Comorposa, G.R.
No. 152807, Aug. 12, 2003).

a. REQUISITES FOR ADMISSIBILITY OF EVIDENCE

Q: What are the requisites for admissibility of evidence?

A: 1. Relevancy – such a relation to the fact in issue as to induce belief in its existence or non-
existence.
2. Competency – if not excluded by law or by the rules.

Q: What is the doctrine of “Fruit of the Poisonous Tree?

A: The doctrine speaks of that illegally seized documents, papers, and things are inadmissible in evidence.
The exclusion of such evidence is the only practical means of enforcing the constitutional injunction against
unreasonable searches and seizures.

Q: What are the two axioms of admissibility according to Wigmore?

A: 1. Axiom of relevancy – none but facts having rational probative value are admissible.

Note: Components of relevancy:

a. Materiality – whether the evidence is offered upon a matter properly in issue.
 b. Probativeness – the tendency to establish the proposition for which it is offered as evidence.

2. Axiom of competency – facts having rational probative value are admissible unless some specific rule
forbids their admission. The rules of exclusion are rules of exception to the general admissibility of all that is
rational and probative.

b. RELEVANCE OF EVIDENCE AND COLLATERAL MATTERS

Q: What is meant by relevance of evidence?

A: Evidence must have such a relation to the fact in issue as to induce belief in its existence or non-
existence.

Q: Is evidence on collateral matters allowed?

A: 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. (Sec. 4, Rule 128)

Note: While the evidence may not bear directly on the issue, it will be admitted if it has the tendency to
corroborate or supplement facts established previously by direct evidence, or to induce belief as to the
probability or improbability of a fact in issue.

c. MULTIPLE ADMISSIBILITY
d. CONDITIONAL ADMISSIBILITY
e. CURATIVE ADMISSIBILITY

Q: What are the kinds of admissibility of evidence?

A: MULTIPLE- Evidence that is plainly relevant and competent for two or more purposes will be received if it
satisfies all the requirements prescribed by law in order that it may be admissible for the purpose for which it
is presented, even if it does not satisfy the other requisites of admissibility for other purposes.

CONDITIONAL- Evidence appears to be immaterial is admitted by the court subject to the condition that its
connection with another fact subsequent to be proved will be established. Otherwise, such fact already
received will be stricken off the record at the initiative of the adverse party.

CURATIVE- Evidence that is otherwise improper is admitted (despite objection from the other party) to
contradict improper evidence presented or introduced by the other party, to cure, contradict or neutralize
such improper evidence.
Q: What are the three theories on curative admissibility?

A: 1. American Rule – the admission of such incompetent evidence, without objection by the opponent does
not justify such opponent in rebutting it by similar incompetent evidence

2. English Rule – if a party has presented inadmissible evidence, the adverse party may resort to similar
inadmissible evidence

3. Massachusetts Rule – the adverse pary may be permitted to introduce similar incompetent evidence In
order to avoid a plain and unfair prejudice cause by the admission of the other party’s evidence.

Q: What should determine the application of the rule of curative admissibility?

A: 1. Whether the incompetent evidence was seasonably objected to; and

 2. Whether, regardless of the objection, the admission of such evidence shall cause a plain and unfair
prejudice to the party against whom it is admitted.

III – REFLECTION AND RESPONSE/ACTION

After you read and internalize the content on this unit you may start doing the activities
prepared for you. ANSWER ALL THE ACTIVITIES ON THE SHEETS PROVIDED.

Question: Based on our initial discussion, after understanding the theories presented, what
is the relevance of studying Criminal Evidence?

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IV – SUMMATIVE ASSESSMENT

Answer the multiple choice questions below to see how much you have learned on this
unit. WRITE YOUR ANSWERS ON THE SHEET PROVIDED.

Select the answer from the four choices lettered A, B, C and D. If none of the options is
correct, write E.

_____1.It is the means, sanctioned by the Rules of Court, of ascertaining in a judicial proceeding
the truth respecting a matter of fact.
A. Admission B. Crime C. Evidence D. Testimony
_____2. What is the scope of the Rules of Evidence?
A. shall be depending on some circumstances
B. shall be different from courts to courts
C. shall be the same in all courts
D. shall not be uniform
_____3. It is the effect when the requisite quantum of evidence of a particular fact has been duly
admitted and given weight.
A. Confession B. Evidence C. Factum Probans D. Proof
_____4. These are the intermediate facts.
A. Factum Probandum B. Factum Probans C. Probative Value D. Proof

_____5. These are the ultimate facts sought to be established.

A. Factum Probandum B. Factum Probans C. Probative Value D. Proof

_____6. A requisite for admissibility of evidence that has something to do with such a relation to
the fact in issue as to induce belief in its existence or non-existence.
A. Competency B. Credibility C. Prosperity D. Relevancy

_____7. A requisite for admissibility of evidence that has something to do with exclusion or
non-exclusion by law or by the rules.
A. Competency B. Credibility C. Prosperity D. Relevancy

_____8. A kind of admissibility of evidence that is plainly relevant and competent for two or
more purposes will be received it satisfies all the requirements prescribed by law.
A. Conditional B. Curative C. Multiple D. Singular
_____9. A kind of admissibility of evidence when evidence appears o be immaterial is admitted
by the court subject to the condition that its connection with another fact subsequent to be
proved will be established.
A. Conditional B. Curative C. Multiple D. Singular
_____10. A kind of admissibility of evidence when evidence that is otherwise improper is
admitted, despite objection from the other party to contradict improper evidence presented.
A. Conditional B. Curative C. Multiple D. Singular
V – FEEDBACK TO IMPROVE LEARNING AND TEACHING.

Please let us know your difficulties or whatever problem you encountered in doing all
the activities. Write it on the space provided

FEEDB
ACK

A person smiles in times of trouble, gather strength from stress

and grow brave from reflections and prayers!

CONGRATULATIONS!
You had just completed this module. You are now
ready for unit 2!