Rule 128 - General Provisions

Question 1

What is evidence?

Rule 128 Sec. 1

Answer 1

Rule 128. Sec. 1. Evidence defined. – E i t m, s b t r, o a i a j p t t r a ma o f.

Question 2

When is evidence admissible?

Rule 128 Sec. 3.

Answer 2

Rule 128. Sec. 3. Admissibility of evidence. – E i a w i i r t t i a i n e b t C, t l o t R.

Question 3

What are collateral matters?

Answer 3

Collateral matters are **matters other than the facts in issue ** and which are offered as a basis to infer the truth or falsity of a fact/facts in issue.

e.g. witness testifies regarding the conduct of the accused prior to the commisison of the crime or immediately thereafter. [Herrera, 63]

Question 4

When is evidence considered relevant?

Answer 4

Relevancy is the tendency of evidence to prove or disprove a fact. [class notes, Custodio]

Revelancy requires that the evidence must have a relationship to the issue in the case. [Rule 128, Sec. 4]

Question 5

When shall evidence on collateral matters be allowed?

Answer 5

When it tends in any reasonable degree to establish the probability or improbability of the fact in issue. [Rule 128, Sec. 4]

Question 6

What are the classification of collateral matters?

Answer 6

Justice Moran classified collateral matters into:
(1) Antecedent circumstances - moral character, ahbit or customs; plan, design or conspiracy;
(2) Concomitant circumstances - opportunity; incompatibility; alibi;
(3) Subsequent circumstances - flight; non-flight
(see Herrera, 65)

All these are collateral matters because they do not address directly the facts in issue but they may become basis for the existence or non-existence of the facts in issue.