Review on Evidence

Evidence is the means allowed by the Philippine Rules of Court of ascertaining in a judicial proceeding the truth respecting a matter of fact. These include, but are not limited to, documentary, testimonial, or physical evidence.

Any piece of evidence is only admissible in court if it is relevant to the matter at hand and is not excluded by the law of the Rules of Court.

To be relevant:

Evidence must have 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.

Section 4, Rule 128, Part IV, Rules of Court

Types of Evidence

Object/Real Evidence

These are also known as physical evidence. They are those that has a real or objective existence.

Classifications of Physical Evidence

1. Biological (Body) Fluids
   • blood
   • saliva
   • semen
   • sweat
   • urine
   • vaginal discharge
2. Explosives and Incendiaries
   • Arson debris
   • Explosive debris
   • Explosive substances and devices
3. Fabrics
   • large articles (e.g. mattresses)
   • small articles (e.g. fabrics on victim’s mouth, feet, or hands)
4. Fingerprints
   • on absorbent materials
   • on hard objects
   • on skin
   • on other surfaces like firearms, glass, bottles, plant leaves
5. Firearms and Ammunition
   • gunshot residue
   • small firearms
   • serial numbers
   • shoulder weapons
   • fired cartridge cases
   • fired paper shot shells
   • shot wads
   • shot pellets
6. Food and Drug Specimen
   • liquids
   • plant materials
   • powder or solids
   • tablets and capsules
7. Glass
   • large fragments
   • small fragments
8. Hair and Fibers
   • on individuals
   • on other surfaces
9. Impressions
   • footprints
   • tire prints
   • toolmarks
   • bite marks
10. Liquids and Viscous Substances
11. Metals
    • filings
    • fragments
    • large sections
12. Paint
    • chips and smudges on little materials, on big or non-movable materials, on cloth, wood, metal, or glass
    • liquids
13. Questioned documents
    • burned
    • fluid or blood soaked
14. Soil
    • cake mud
    • dry soil
    • mud
15. Miscellaneous Evidence

Main Sources of Physical Evidence

1. The Crime Scene
2. The Victim
3. The Suspect

Documentary Evidence

This type of evidence include writings or any material containing letters, words, numbers, figures, symbols, or any other modes of written expressions offered as proof of their contents.

Testimonial Evidence

This is created when a person takes the stand during trial and answers questions about the case.

Qualifications of Witnesses

• Mental Incapacity or Immaturity
• Marriage
• Death or Insanity of Adverse Party
• Privileged Communication

Admissions and Confessions

The Hearsay Rule

Exceptions to the Hearsay Rule

• Dying Declaration
• Declaration Against Interest
• Act or Declaration About Pedigree
• Family Reputation or Tradition Regarding Pedigree
• Common Reputation
• Part of Res Gestae
• Entries in the Course of Business
• Entries in Official Records
• Commercial Lists and the Like
• Learned Treatises
• Testimony or Deposition at a Former Proceeding

Types of Witnesses

• Lay Witness
• Expert Witness or Specialist
• Character Witness

Rule on Character Evidence

• In Criminal Cases
• In Civil Cases

Opinion Rule

• Opinion of Expert Witness
• Opinion of Ordinary Witnesses