Admissible 

- evidence that can be legally and properly introduced  in a civil or criminal

trial.
Acquittal - a verdict after a trial that a defendant in a criminal case has not been proven
guilty beyond reasonable doubt of the crime charged.
Actus reus - proof that a criminal act has occurred.
Affidavit - a sworn statement by a witness.
Appeal - a request by the losing party in a lawsuit that the judgment be reviewed by a
higher court.Request to a higher court to change the decision of a trial court, usually
appeals are made and decided on questions of law only.Issues of fact are left to the trial
judge discretion.
Arraignment - in a criminal case, the proceeding in which an accused person is brought
before a judge to hear the charges filed against him or her and to enter a plea of guilty or
not guilty.
Arrest - process of taking a person into custody.
Bail - money or security given to secure a person's release from custody which is at risk 
should he/she subsequently fail to appear before the court.
Battered woman syndrome - a collection of symptoms that are manifest in women who
have suffered prolonged and extensive abuse from their spouses.
Beyond reasonable doubt - the standard in a criminal case requiring that court be
satisfied to a moral certainty that every element of a crime has been proven by the
prosecution, all reasonable doubt are removed from the mind of the ordinary person.
Bill of Particulars - a statement used to inform the defense of the specific occurrences
intended to be investigated in trial and to limit the course of evidence to the particular
scope of the inquiry. An amplification of the pleading.
Booking - the process of photographing, fingerprinting, and recording identifying data of a
suspect following arrest.
Circumstantial evidence - that evidence that only suggests an association with a past
occurrence.Any evidence in a case for which an inference is needed to relate it to the
crime.Not observed by an eyewitness.Fact from which another fact can be reasonably
inferred.
Complainant - the party who complain or sues, one who applies to the court for legal
redress, also called the plaintiff.
Confession - an oral or written statement acknowledging guilt.
Conspiracy - a combination of two or more person whose purpose is to commit unlawful or
criminal act or to commit a lawful act by criminal means.
Corpus delicti - the proof that a crime has been committed, consisting of two components
1. that each element of the crime be satisfied 2. that someone is responsible for inflicting
the injury  or loss sustained.
                      - Body of the crime.
riminal prosecution - process that begins with the filing of charges against a person who
has allegedly violated criminal law and includes the arraignment and trial of the
defendant.Criminal prosecution may result in fine, restitution, imprisonment, or probation.
Defendant - in a civil case, the person being sued. In a criminal case, the person charged
with a crime.
Deposition - oral  or written testimony under oath but outside the court room.
Detention - temporary confinement of a person by a public authority.
Direct evidence - proof of facts by witnesses who saw acts done or heard words spoken as
distinguished from circumstantial or indirect evidence.Information offered by witnesses who
testify about their own knowledge of the facts.
Double jeopardy - putting a person on trial more than once for the same crime.
Dying declaration - a statement made just prior to death with the knowledge of
impending death.Also called ante-Morten statement.
Exclusionary rule - the rules that defines whether evidence is admissible  in a trial.
Felony - a crime of a graver nature than a misdemeanor, usually punishable by
imprisonment in a penitentiary for more than a year or a substantial fine.
Habeas corpus - a writ that commands that a person be brought before a judge.A writ of
habeas corpus is a legal document that forces law enforcement authorities to produce a
prisoner they are holding and to legally justify his or her detention.
Hearing - judicial or legal examination of the issues of law and fact between the parties.
Hearsay - a statement made during a trial or hearing that is not based on the personal,
first hand knowledge of the witness.Statement made out of court and offered in court to
support the truth of the facts asserted in the statement.
Hearsay rule - the regulation making a witness's statement inadmissible if it is not based
on personal knowledge unless it falls within certain exceptions.
Inadmissible evidence - the testimony/evidence that the judge rules as not proper and
hence instructs its disregard.
Judicial review - authority of a court to review the official actions of other branches of
government, also the authority to declare unconstitutional the actions of other branches.
Jurisdiction - the nature and scope of a court's authority to hear or decide a case.Inherent
power and authority of a particular court to hear and determine cases.
Justice - fairness, providing outcomes to  each party in line with what they deserve.
Leading question - a question that suggest the answer desired of a witness.A party
generally may not ask one's own witness leading questions, leading questions may be ask
only of hostile witnesses and on cross-examination.
Mitigating circumstance - factors such as age, mental capacity, motivation, or duress
which lessens the degree of guilt in a criminal offense and thus the nature of the
punishment.
Motion - an application for a rule or order, made to a court or judge.An application to the
court requesting an order or a rule in favor of the applicant.
Physical evidence - any tangible article that tends to prove or disprove a point in
question.
Plain view - an exception to the requirement for a search warrant, when there is an
evidence of a crime in plain view by a person who sees it lawfully.
Plaintiff - the complaining party in litigation.
Plea - in a criminal proceeding, it is the defendant's declaration in open court that he or she
is guilty or not guilty.The defendant's answer to the charges made in the information.
Plea bargaining - the process through which an accused person and a prosecutor
negotiate a mutually satisfactory disposition of a case.
Preliminary hearing - in criminal law, the hearing at which a  judge determines whether
there is sufficient evidence against a person charged with a crime to warrant holding him or
her for trial.
Preponderance of evidence - the standard for a judgment in a civil suit, the evidence for
one side outweighs that of the other even a slight margin.
Presumption - an inference resulting from a rule of law or the proven existence of a fact
that requires such rule or action to be established in the action.
Pre-trial conference - a meeting between the judge and the lawyers involved in a lawsuit
to narrow the issues in the suit, agree on what will be presented at the trial and make a
final effort to settle the case without trial.
Prima facie evidence - evidence that, in the judgment of the law, is good and sufficient to
establish a given fact or a chain of facts making up a party's claim or defense.If such
evidence is unexplained or uncontradicted, it is sufficient to obtain a favorable judgment for
the issue it supports, may be contradicted by other evidence.
Probable cause - a reasonable ground for suspicion, supported by the circumstances
sufficiently strong to justify the issuance of a search warrant or to make an
arrest.Reasonable ground for believing that a crime has been committed or that the person
committed the crime.
Prosecutor - a trial lawyer representing the government in a criminal case.
Reasonable doubt - doubt that arises from evidence or lack thereof and would be
entertained by a reasonable or prudent person.Reasonable doubt requires acquittal.
Res gestae - all of the things done or words spoken in the course of the transaction or
event;A record of what was said or done in the first moments of an investigation.
Stipulation - an agreement by both sides of a case about some aspect of a lawsuit or
criminal trial.
Subject matter – cases of the general class where the proceedings in question belong as
determined by the nature of the offense and  by the penalty imposed by law;
Territory – the geographical limits of the territory over which the court presides and where
the offense was committed; and
Person of the accused – acquired thru: a) arrest [with warrant or warrantless] or b)
voluntary surrender.
Complaint
A sworn written statement charging a person with an offense
Executed and Subscribed by the O.P.A.O. [Offended Party, Any peace officer, or Other
public officer charged with the enforcement of the law violated].

Preliminary Investigation

Defined
It is an inquiry or proceeding to determine whether there is sufficient ground to engender a
well-founded belief that a crime has been committed and the respondent is probably guilty
thereof, and should be held for trial.

When required?
Before the filing of complaint or information for an offense where the penalty prescribed by
law is imprisonment of at least 4 years, 2 months and 1 day, without regard to fine.

When NOT REQUIRED:

In cases where the penalty imposed by law is NOT at least 4 years, 2 month, & 1 day
In case of a valid warantless arrest [shall proceed in inquest]

Officers authorized to conduct PI

Provincial or City Prosecutors and their assistants;

National and Regional State Prosecutors; and

Other officers as may be authorized by law [COMELEC during Election Period, Ombudsman,
etc.]

Elements of Prejudicial Question:

The previously instituted civil action involves an issue similar or intimately related to the
issue raised in the subsequent criminal action, and
The resolution of such issue determines whether or not the criminal action may proceed.

Bail, a matter of right:

1. Before or after conviction by MTC, MTCC or MCTC
2. Before conviction by RTC of an offense not punishable by death, reclusion temporal, or
life imprisonment

Bail, a matter of discretion:

1. Upon conviction of RTC of an offense not punishable by death, reclusion perpetua, or life
imprisonment.
2. Before conviction for capital offenses [punishable by death], or an offense punishable by
reclusion perpetua or life imprisonment, when evidence of guilt is not strong. (Bail is neither
a matter of right nor a matter of discretion only in cases where the evidence of guilt is
strong).
In order for the Court to “acquire” complete jurisdiction over the person of the accused,
arraignment is essential. Unless this procedure is completed, the court cannot commence
trial in absentia.

Procedure:
Arraignment must be made in open court by the judge or the clerk
Accused must be furnished with a copy of the complaint or information
Complaint or Information must be read in a language or dialect known to him
Accused must be present
Accused must personally enter his plea

I. If under preventive detention

Raffle of case and transmittal of records – within 3 days
Arraignment – within 10 days from the date of raffle
Pre trial conference – within 10 days after arraignment

II. If not under preventive detention

General rule – within 30 days from the date the court acquires jurisdiction
Exception – a shorter period is provided by special law or SC Circular

Rules in entering a plea:

If accused refuses to plead or makes a conditional plea – a plea of not guilty shall be
entered
If accused enters a plea but presents exculpatory evidence – plea of guilty is withdrawn and
a plea of not guilty shall be entered for him. Burden of proof shifts.
If accused enters a plea to a capital offense – court shall conduct a searching inquiry into
the voluntariness and full comprehension of the consequences of his plea and shall require
the prosecution to prove his guilt and the precise degree of culpability.

Pre-trial Conference:
Private offended party shall be required to appear for purposes of:   
1)    Plea-bargaining
2)    Determination of civil liability
3)    Other matters requiring his presence

In case of failure of the offended party to appear despite due notice – conformity of
prosecutor is sufficient for purposes of pleading guilty to a lesser offense which is
necessarily included in the offense charged.

Bill of particulars:
The accused may, before arraignment, move for a bill of particulars to enable him properly
to plead and prepare for trial. The motion shall specify the alleged defects of the complaint
or information and the details desired.

Factum Probandum – The ultimate facts to be proven. These are the propositions of law.

Examples:
•    murder was committed thru treachery
•    robbery was made through force upon things

Factum Probans – The evidentiary Facts. These addresses questions of fact.

Examples:
•    exit wounds were in front indicating that victim was shot at the back
•    destroyed locks indicative of force upon things

Evidence – the means to arrive at a conclusion. Under the Revised Rules of Court, evidence
is defined as “the means, sanctioned by the rules, for ascertainment in a judicial
proceeding, the truth, respecting a matter of fact”.
Proof – the result of introducing evidence. The establishment of a requisite degree of belief
in the mind of the judge as to the facts in issue. It refers to the accumulation of evidence
sufficient to persuade the trial court.
Quantum of evidence – the totality of evidence presented for consideration
Burden of proof – the duty of the affirmative to prove that which it alleges.
1.    Criminal Action – proof beyond reasonable doubt [that degree of proof which
produces conviction in an unprejudiced mind]
2.    Civil Action – preponderance of evidence [evidence of greater weight or more
convincing than that which is offered to refute it]
3.    Administrative Action – sufficiency of evidence [that amount of relevant evidence
which a reasonable mind might accept as adequate to justify a conclusion]
 Exclusionary Rule. (Fruit of the poisonous tree doctrine)
Evidence ILLEGALLY OBTAINED are inadmissible for reasons of public policy. This is so
because of the constitutional requirement of due process. Due process has been defined as
“the law that hears before it condemns, which proceeds upon inquiry, and renders judgment
only after fair trial”.
As a result, jurisprudence has evolved a rule that renders inadmissible any evidence
obtained in an illegal search from being introduced in trial.
A. Concepts of evidence:

1.    It is a means of ascertainment – used to arrive at a legal conclusion

2.    It is sanctioned by the rules of court – meaning, not excluded by the rules on relevancy
and admissibility
3.    It is used in a judicial proceeding – there is a jural conflict involving different rights
asserted by different parties
4.    It pertains to the truth respecting a matter of fact – evidence represents a “claim”
either for the prosecution or for the defense where issues (clashes of view) are present.
B. Judicial Notice, basis of:- Judicial notice is based on necessity and expediency. This is so
because what is known need not be proved.

Different kinds of judicial notices:

1.    mandatory
2.    discretionary
3.    hearing required

C. Confession and Admission, distinguished:

Confession – an acknowledgement of guilt.
Admission – an acknowledgment of facts.

Different kinds of confession/admission:

1.    Judicial
2.    Extrajudicial
3.    Oral
4.    Written
5.    Voluntary
6.    Forced
Different kinds of evidence:
1.    Relevant evidence – evidence having any value in reason as tending 
       to prove any matter provable in an action.
2.    Material evidence – evidence is material when it is directed to prove a 
       fact in issue as determined by the rules of substantive law and 
       pleadings.
3.    Competent evidence – not excluded by law.
4.    Direct evidence – proves the fact in issue without aid of inference
       or  presumptions.
5.    Circumstantial evidence -  the proof of fact or facts from which, taken            either
singly or collectively, the existence of a particular fact in dispute 
       may be inferred as necessary or probable consequence.
6.    Positive evidence – evidence which affirms a fact in issue.
7.    Negative evidence - evidence which denies the existence of a fact 
       in issue.
8.    Rebutting evidence – given to repel, counter act or disprove facts 
       given in evidence by the other party.
9.    Primary/Best evidence – that which the law regards as affording 
       the greatest certainty.
10.  Secondary evidence – that which indicates the existence of a 
       more original source of information.
11.  Expert evidence – the testimony of one possessing knowledge 
       not usually acquired by other persons.
12. Prima facie evidence – evidence which can stand alone to support
       a conviction unless rebutted.
13. Conclusive evidence – incontrovertible evidence
14. Cumulative evidence – additional evidence of the same kind bearing 
      on the same point.
15. Corroborative evidence – additional evidence of a different kind 
      and  character tending to prove the same point as that of previously     
      offered evidence.
16. Character evidence – evidence of a person’s moral standing or 
      personality traits in a community based on reputation or opinion.
17. Demeanor evidence – the behavior of a witness on the witness stand   
      during trial to be considered by the judge on the issue of credibility.
18. Demonstrative evidence – evidence that has tangible and 
      exemplifying   purpose.
19. Hearsay evidence – oral testimony or documentary evidence which 
      does not derive its value solely from the credit to be attached to the
      witness himself.
20.Testimonial evidence – oral averments given in open court by 
     the witness.
21. Object/Auotoptic proferrence/Real evidence – those addressed to 
      the senses of the court (sight, hearing, smell, touch, taste).
22. Documentary evidence – those consisting of writing or any material       
      of written expression offered as proof of its contents.
      containing letters, words, numbers, figures, symbols or other modes 

Best Evidence Rule:

When the subject of the inquiry is the contents of a document, no evidence shall be
admissible other than the original of the document.
IV. BURDEN OF PROOF AND PRESUMPTIONS:
Burden of proof – the duty of a party to present evidence on the facts in issue necessary to
establish his claim or defense by the amount of evidence required by law.

Presumption – an inference as to the existence of a fact not actually known, arising from
its usual connection with another which is known or a conjecture based on past experience
as to what course human affairs ordinarily take.
of answer, the answer of the witness shall be given orally.

Order of Examination of individual witnesses:

Direct examination by the proponent
Cross examination by the opponent
Re-direct examination by the proponent
Re-cross examination by the opponent
Direct examination – the examination in chief of a witness by the party presenting him on
the facts relevant to the issue.
Cross examination – the examination by the adverse party of the witness as to any
matter stated in the direct examination, or connected therewith, with sufficient fullness and
freedom from interest or bias, or the reverse, and to elicit all important facts bearing upon
the issue.
Re-direct examination – second questioning by the proponent to explain or supplement
answers given in the cross examination.
Re-cross examination – second questioning by the adverse party on matters stated on
the re-direct and also on such matters as may be allowed by court.

Different Types of Questions:

Leading questions –It is one where the answer is already supplied by the examiner into
the mouth of the witness. [Ex. You saw Jose killed Juan because you were present when it
happened, didn’t you?]
Misleading question – a question which cannot be answered without making an
unintended admission. [Ex. Do you still beat your wife?]
Compound question – a question which calls for a single answer to more than one
question. [Ex. Have you seen and heard him?]
Argumentative question – a type of leading question which reflects the examiners
interpretation of the facts. [Ex. Why were you driving carelessly?]
Speculative question – a question which assumes a disputed fact not stated by the
witness as true. [Ex. The victim cried in pain, didn’t he?]
Conclusionary question – a question which asks for an opinion which the witness is not
qualified or permitted to answer. [Ex. Asking a high school drop-out whether the gun used
is a Cal. 45 pistol or 9mm pistol]
Cumulative question – a question which has already been asked and answered.
Harassing/Embarrassing question – [Ex. Are you a homosexual?]

Classes of Documents:
Documents are either public or private.
Public documents are:
   1. The written official acts, or records of the official acts of sovereign authority, official
bodies and tribunals, and public officers, whether of the Philippines, or a foreign country.
    2. Documents acknowledged before a notary public except last wills and testaments.
    3. Public records (1) kept in the Philippines, or private documents (2) required by law to
be entered therein.
All other writings are private.
SOME USEFUL LATIN TERMS AND LEGAL MAXIMS:
Verba legis non est decendendum – from the words of the law there can be no
departure.
Dura lex sed lex – the law may be harsh but it is the law.
Ignorantia legis neminem excusat – ignorance of the law excuses no one.
Ignorantia facti excusat – mistake of fact excuses.
Praeter intentionem – different from that which was intended.
Error in personae – mistake in identity.
Abberatio Ictus – mistake in the blow
Nulum crimen, nulla poena sine lege – there is no crime when there is no law punishing
the same.
Actus non facit reum, nisi mens sit rea – the act cannot be criminal where the mind is
not criminal.
Actus mi invictu reus, nisi mens facit reum – an act done by me against my will is not
my act.
Mens rea – guilty mind.
Actus reus – guilty act.
Res ipsa loquitor – the thing speaks for itself.
Causa Proxima – proximate cause which produced the immediate
effect.
Prima facie – at first glance.
Locus Criminis – scene of the crime or crime scene.
Pro Reo – principle in Criminal Law which states that where the statute admits of several
interpretations, the one most favorable to the accused shall be adopted.
Res Gestae – the thing itself.
Falsus in unum, falsus in omnibus – false in one part of the statement would render the
entire statement false (note: this maxim is not recognized in our jurisdiction).