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EVIDENCE
Evidence
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I. INTRODUCTION
Weight of Evidence: - The balance of evidence and in whose favor it tilts. This refers to
the indication of the greater evidence between the parties . This depends on the judicial
evaluation within the guidelines provided by the rules and by jurisprudence.
This refers to the question as to whether the evidence amounts or meets the required
quantum needed to arrive at a decision in a civil, criminal, or administrative case; or to
prove matters of defense or mitigation or to overcome a prima facie case or a
presumption
c). Probable Cause- as that required for filing of an Information in Court or for the
issuance of a warrant of arrest
reasonable doubt.
1. That degree of proof, which, excluding the possibility of error, produces moral
certainty. If the inculpatory facts are capable of two or more explanations, one of which
is consistent with the innocence of the accused and the other consistent with his guilt,
then the evidence does not fulfill the test of moral certainty and is not sufficient to
support a conviction.
B. Civil Cases: Preponderance of Evidence. This means that he weight, credit and value
of the aggregate evidenced of one is superior to the other
1. Courts shall consider and take into consideration : (a) all facts which were presented
during the trial whether testimonial, object, or documentary (b) all facts which were
stipulated or judicially admitted (c) those judicially noticed and (d) all facts which are
presumed
2. No extraneous matters shall be considered even if the Court knows them as existing
in his personal capacity
3. In determining the weight and sufficiency of a party’s evidence, the court shall
consider :
i). The manner of testifying by a witness which includes his conduct and behavior on
the witness stand, the emphasis, gestures, and inflection of his voice in answering
questions. This is the reason why the rules require the witness to personally testify in
open court.
ii). The intelligence of the witness. This refers o this position to perceive by the sue of
his organs of sense, his opportunity for accurate observation and faithful recollection of
the facts to which he is testifying.
This intelligence must be coupled with integrity, a general reputation for truth,
honesty and integrity. This is because a witness to be believed must be truthful in his
narration of correct facts.
iii). The means and opportunity of knowing the facts which includes his presence and
observation of the facts.
iv). The nature of the facts to which the witness is testifying such as: whether he did the
act as a participant, whether he saw the occurrence of an accident as he was a
passenger; the identity of a person who is an old acquaintance; thus as to the
circumstances of the birth a person, the mother would be the best witness on this point
mother.
C. The number of witnesses. However witnesses are to been weighed not numbered
because quantitative superiority does not necessarily mean legal preponderance. Thus
an accused may be convicted based solely on the testimony of one witness.
But where the evidence for both parties is principally testimonial where the version
of each exhibit equal tendency to be true and accurate, and the witnesses have not
betrayed themselves by major contradictions or other indications of falsehood, there
exists every reason to measure preponderance by numerical advantage. .
4. The Court has the power to stop the further presentation of evidence on the same
point as when the additional evidence is only corroborative or the point has already
been established, or when it results to unnecessary delay
A). the court must consider everything stated by the witness during the direct, cross, re-
direct and re-cross examinations
B). the testimony of a witness maybe believed in part and disbelieved in other parts,
depending on the corroborative evidence and the probabilities and improbabilities of the
case. It is accepted as a matter of common sense that if certain parts of the testimony
are true, his testimony can not be disregarded entirely.
C). Positive over negative evidence. E.G. positive identification over alibi; an assertion
of the occurrence of a thing over a plain denial. “Denials, if unsubstantiated by clear and
convincing evidence, are deemed negative and self-serving evidence unworthy of
credence.” ( Wa-acon vs. People, 510 SCRA 429)
F). The “Admitted Facts Rule”- evidence of whatever description must yield to the extent
that it conflicts with admitted or clearly established facts”. Thus courts give superior
credit to witnesses whose testimonies on material points are in accord with facts already
established ( Frondarina vs. Malazarte 510 SCRA 223)
A. For conviction
i). For conviction: the prosecution must adduce proof of guilt beyond reasonable doubt
i.e. moral certainty not absolute certainty
ii). The facts from which the inferences are derived are proven
A.) That it be credible in itself i.e. such as the common experience and observation of
mankind can approve as probable under the circumstances. Testimony must be natural,
reasonable and probable as to make it easy to believe
B). Must come from a credible source- a credible witness is one who testifies in a
categorical, straightforward spontaneous and frank manner and remains consistent on
cross examination
V. APPRECIATION OF EVIDENCE BY TRIAL COURT
by trial court generally accorded respect by appellate
courts as the former have first hand contact with the
evidence and were able to observe the witness as they
testified.
In matters concerning the credibility of witnesses, appellate courts will generally not
disturb the findings of trial courts unless they neglected, ignored or misappreciated
material and substantial facts, which could materially affect the results of the case.
A. This refers to collateral issues or motions based on facts not appearing on record
such as (i) proof of service by publication (ii) relief from order of default (iii) Taking of
depositions (iv) motion for new trial (v) relief from judgment (vi) issuance of writ of
preliminary injunction