Cagayan State University – Carig Campus

College of Public Administration

CDI – Criminal Investigation and Intelligence

Professor – SJO3 Mary Jane S Aquino-Melad

Revised Rules on Evidence (Rules 128-134, Rules of Court)

Evidence - is the means, sanctioned by these rules, of ascertaining in a

judicial proceeding the truth respecting a matter of fact.
- the available body of facts or information indicating whether a
belief or proposition is true or valid.

Judicial admissions – An admission, verbal or written, made by a party

in the course of the proceedings in the same case, does not require
proof. The admission may be contradicted only by showing that it was
made through palpable mistake or that no such admission was made.

Kinds of Evidence:
a. Object (Real) 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.
b. Documentary Evidence - documents as evidence consists of
writings or any material containing letters, words, numbers, figures,
symbols or other modes of written expressions offered as proof of
their contents.

Types of documentary evidence

1. Official Documents - these are things like, powers of

attorney, birth and marriage certificates, grants of
probate, land certificates and contracts. They have legal
authority and are highly reliable (provided they’re not
fake).

2. Witness statements - are documents laid out in a specified

way, setting out the evidence of the person writing the
statement and ending with a statement of truth. By
signing the document, the author confirms it is true. A
witness statement should be factual and state what was
seen or heard by the person writing the statement. These
 statements need to be shared with all of the people
involved in the court hearing as well as the court.

3. Photographs and videos - It is important that the date of all

photos or videos evidence is clear and
available. ONRECORD precisely records the date and
time of any uploaded evidence. The time and location of
photos or videos you make using your mobile device can
be proved from its Exchangeable Image File (EXIF) as
long as you have allowed your camera to save
locations.

4. Correspondence - communication by exchanging letters,

emails, or other messages.

5. Notes of meetings - Write notes during, or as soon as

possible after, all the meetings with the people involved
in your case (stating who was present and when and
where it happened). Send all attendees a copy and ask
them to agree and sign the notes. These notes should
include what was agreed and, if a course of action was
agreed, what the action is and the time by which it’s
expected to be done.

6. Medical reports - If you have suffered physical harm, a

medical record made by a GP or consultant, setting out
such things as the injuries which you have sustained,
how long they are likely to last, what impact there has
been on you and your way of life.

7. Reports by other experts - Reports by other experts such a

planning expert, an engineer or an accountant can also
be very useful but may be expensive. Always ask for a
quote before work starts so you know the expense you’re
incurring.

“Documentary evidence is gold dust in proving your case. Gather and keep it
carefully.”

C. Testimonial Evidence – is a statement made under oath. This is

also called direct evidence or prima facie evidence.

Qualification of Witnesses - 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.

Disqualification by reason of mental incapacity or immaturity

The following persons cannot be witnesses:
- (a) Those whose mental condition, at the time of their production for
examination, is such that they are incapable of intelligently making
known their perception to others;
- (b) Children whose mental maturity is such as to render them incapable
of perceiving the facts respecting which they are examined and of
relating them truthfully.
Disqualification by reason of marriage. – During their marriage,
neither the husband nor the wife may testify for or 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.
Disqualification by reason of death or insanity of adverse party. –
Parties or assignors of parties to a case, or persons in whose behalf a
case if prosecuted, against an executor or administrator or other
representative of a deceased person, or against a person of unsound
mind, upon a claim or demand against the estate of such deceased
person or against such person of unsound mind, cannot testify as to any
matter of fact occurring before the death of such deceased person or
before such person became of unsound mind.
Disqualification by reason of privileged communication. – 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;
(b) An attorney cannot, without the consent of his client, be examined
as to any communication made by the client to him, or his advice given
thereon in the course of, or with a view to, professional employment, nor
can an attorney’s secretary, stenographer, or clerk be examined, without
the consent of the client and his employer, concerning any fact the
knowledge of which has been acquired in such capacity;
(c) A person authorized to practice medicine, surgery or obstetrics
cannot in a civil case, without the consent of the patient, be examined as
to any advice or treatment given by him or any information which he may
have acquired in attending such patient in a professional capacity, which
information was necessary to enable him to act in that capacity, and
which would blacken the reputation of the patient;
(d) A minister or priest cannot, without the consent of the person making
the confession, be examined as to any confession made to or any
advice given by him in his professional character in the course of
discipline enjoined by the church to which the minister or priest belongs;
(e) A public officer cannot be examined during his term of office or
afterwards, as to communications made to him in official confidence,
when the court finds that the public interest would suffer by the
disclosure.

Testimonial Privilege
Parental and filial privilege. – No person may be compelled to testify
against his parents, other direct ascendants, children or other direct
descendants.

Testimonial Knowledge
Testimony generally confined to personal knowledge; hearsay
excluded. A witness can testify only to those facts which he knows of his
personal knowledge; that is, which are derived from his own perception.

Exceptions To The Hearsay Rule

Dying declaration. – The declaration of a dying person, made under the
consciousness of an impending death, may be received in any case
wherein his death is the subject of inquiry, as evidence of the cause and
surrounding circumstances of such death.
Declaration against interest. – The declaration made by a person
deceased, or unable to testify, against the interest of the declarant, if the
fact asserted in the declaration was at the time it was made so far
contrary to declarant’s own interest, that a reasonable man in his
position would not have made the declaration unless he believed it to be
true, may be received in evidence against himself or his successors in
interest and against third persons.
Act or declaration about pedigree. – The act or declaration of a
person deceased, or unable to testify, in respect to the pedigree of
another person related to him by birth or marriage, may be received in
evidence where it occurred before the controversy, and the relationship
between the two persons is shown by evidence other than such act or
declaration. The word “pedigree” includes relationship, family
genealogy, birth, marriage, death, the dates when the places where
these facts occurred, and the names of the relatives. It embraces also
facts of family history intimately connected with pedigree.
Family reputation or tradition regarding pedigree. – The reputation of
tradition existing in a family previous to the controversy, in respect to the
pedigree of any one of its members, may be received in evidence if the
witness testifying thereon be also a member of the family, either by
consanguinity or affinity. Entries in family bibles or other family books or
charts, engravings on rings, family portraits and the like, may be
received as evidence of pedigree.
Common reputation. – Common reputation existing previous to the
controversy, respecting facts of public or general interest more than
thirty years old, or respecting marriage or moral character, may be given
in evidence. Monuments and inscriptions in public places may be
received as evidence of common reputation.
Part of the res gestae. – Statements made by a person while a startling
occurrence is taking place or immediately prior or subsequent thereto
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.
Entries in the course of business. – Entries made at, or near the time
of the transactions to which they refer, by a person deceased, or unable
to testify, who was in a position to know the facts therein stated, may be
received as prima facie evidence, if such person made the entries in his
professional capacity or in the performance of duty and in the ordinary or
regular course of business or duty.
Testimony or deposition at a former proceeding. – The Testimony or
deposition of a witnesses deceased or unable to testify, given in a former
case or proceeding, judicial or administrative, involving the same parties
and subject matter, may be given in evidence against the adverse party
who had the opportunity to cross-examine him.