Evidence Flashcards
Rules of Court
The hierarchy of evidentiary values
- Proof beyond a reasonable doubt
- Clear and convincing evidence
- Preponderance of evidence
- Substantial evidence
Judge’s role (PH)
Trier of law and trier of facts
Judge’s obligation
Need to demonstrate moral certainty
Not an obligation of judge
To support conclusion with objective truth
Is Absolute and Objective Truth Necessary(Absolute Certainty) in law?
No. Only Moral Certainty
What is Moral Certainty?
(PEOPLE v. DECENA)
-Where the CONSCIENCE is satisfied that the accused is responsible for the offense charged.
What is Clear and Convincing Evidence?
Riger V. Atty Mateo
It is less than proof beyond reasonable doubt (for criminal cases) but greater than preponderance of evidence (for civil cases).
What is Substancial evidence?
Rule 133, Section 5
- amount of relevant evidence that a reasonable mind would accept as adequate to justify a conclusion.
Evidence Definition
Caranto v. Caranto
- Weight, Credit, and Value of Aggregate Evidence
Formula for Preponderance of Evidence
Verifying content minus Falsifying content
P(e)= V(e)- F(e)
Atty _____ failed to establish fraud as he was NOT ABLE TO PRESENT CLEAR AND CONVINCING EVIDENCE that Atty. ____ deceived him.
RIQUER v. MATEO
Atty Riquer failed to establish fraud as he was NOT ABLE TO PRESENT CLEAR AND CONVINCING EVIDENCE that Atty. Mateo deceived him.
Case where Preponderance of Evidence was distinguished from Clear and Convincing Evidence
ESTELLA v. PEREZ
The ___ evidence must show that the proposition has more/greater chance of being true
Preponderance of Evidence
___ Evidence must lead to firm belief of conviction of its truth with substancially greater than 50% likelihood
Clear and Convincing Evidence
Where Clear and Convincing Evidence required?
Civil, Admin Cases, Fraud and Parental Rights
Where Preponderance of Evidence Required?
Civil cases and admin hearings
Highest Quantum of Proof
Proof Beyond Reasonable Doubt
Case where prosecution failed to overcome proof beyond reasonable doubt after the accused showed substancial proof to rebutt the presumed regularity of a marriage certificate
Santos v. People
What evidence is an intermediate standard of proof and less stringent then proof beyond reasonable doubt
Clear and Convincing Evidence
Verifying content must be ___ than falsifying content
GREATER
Mathematical illustration for preponderance of evidence
> 50% chance
Mathematical Illustration for Clear and Convincing Evidence
75-99% chance
What is a credible evidence?
Greater weight of credible evidence or more likely to be true (>50% true) than the evidence presented by the other.
Rule 128, Section 1
Accused is entitled to ACQUITTAL unless shown guilty beyond reasonable doubt (Criminal cases)
case involved the Ombudsman’s decision, which was overturned because it was based on conjectures and not supported by substantial evidence.
The Court ruled in favor of Bernaldo, emphasizing the need for concrete evidence rather than speculation.
Bernaldo v. Ombudsman
Substancial Evidence
relevant evidence that can adequately support a conclusion.