RULES OF COURT PART IV RULES OF EVIDENCE PRELIMINARY MATTERS

Miscellaneous Basic Principles Purpose of evidence: - To ascertain the truth respecting a matter of fact in a proceeding. Applicability of the rules on evidence: - Applies only to judicial proceedings. - Administrative bodies are not bound by the technical rules on evidence and they are not strictly applied. Scope of the rules on evidence - Guided by principles of uniformity, the rules shall be the same in all courts and in all trials and hearings Distinctions between proof and evidence - Proof is the probative effect of evidence - Evidence is the medium by which a fact is proved or disproved, while proof is the effect of evidence. Falsus in Uno, Falsus in Omnibus - false in one thing, false in everything - not a positive rule of law and not strictly applied, before it can be applied, there must be willful falsification of the truth in material points. Alibi, Frame up, and Self Defense - Alibi is inherently weak - For it to prosper, it is not enough to prove that a person is someplace else, it must also be proven that it is physically impossible for him to be present at the crime scene at the time of the commission of the crime - Alibi may be a basis for acquittal if there is physical impossibility as shown by clear and convincing evidence. - Alibi cannot prevail over positive identification of the accused as the perpetrator of the crime. - Requisites for alibi to be admitted: o The presence of the accused in another place at the time of the commission of the offense; o The physical impossibility for him to be at the scene of the crime at the time of its commission;

Alibi was not recognize by the court where the accused was 7km away from the locus criminis ( People vs. Garcia) Alibi is not always without merit, so long as the fact that the accused is someplace else is duly proven. Frame up, as a defense, is likewise a weak one. The reason for this is based on the presumption that official duty has been regularly performed Self defense is also inherently weak because it can be easily fabricated.

Delay and Initial Reluctance in Reporting a Crime: - This is only natural and does not make the report a fabricated one. Positive and Negative defenses - A positive testimony, as a general rule, is more credible than a negative one. - It enjoys more weight than negative defenses. - a denial evidence is the weakest defense and can never overcome a positive testimony of a credible witness. Factum Probans and Factum Probandum - The fact or proposition to be established (factum probandum) - The fact or material evidencing the fact or proposition to be established (factum probans) - Factum Probandum in a certain case may be affected by the judicial admission of a party. If for instance the defendant admits his liability, there is no more need to prove such liability. - In criminal cases, the Factum Probandum includes all matters that the prosecution must prove beyond reasonable doubt in order to justify conviction. - Every case has its own set of facts that need to be proven. Multiple Admissibility - There are times when a proffered evidence is admissible for two or more purposes. - A statement may be offered as a dying declaration or as part of res gestae or as declaration against interest. - Such statement though cannot be used as both a dying declaration and res gestae at the same time. - A private document can be both an object evidence and a documentary evidence, depending on the purpose for which it was offered.