Section 1. Preponderance of evidence, how determined. — In civil cases, the party having burden of proof must establish his case by a preponderance of evidence. In determining where the preponderance or superior weight of evidence on the issues involved lies, the court may consider all the facts and circumstances of the case, the witnesses' manner of testifying, their intelligence, their means and opportunity of knowing the facts to which there are testifying, the nature of the facts to which they testify, the probability or improbability of their testimony, their interest or want of interest, and also their personal credibility so far as the same may legitimately appear upon the trial. The court may also consider the number of witnesses, though the preponderance is not necessarily with the greater number. (1a)
§1 & 2 give the rules on the requisite quantum of evidence in civil & criminal cases.
Evidence, to be worthy of credit, must not only proceed from a credible source but must, in addition, be credible in itself. And by this is meant that it shall be natural, reasonable and probable as to make it easy to believe. (People v. Baquiran) To be believed, evidence should be in accord with the common knowledge and experience of mankind. (People v. Acusar)
GEN RULE re TC findings on credibility of witnesses : TC findings won’t be disturbed on appeal, as it was in a better position to decide the question, having heard and observed the demeanor of each witness. (People v. Baao)
EXCEPTION: when the TC has plainly overlooked certain facts of substance and value w/c, if considered, might affect the result of the case. (People v. Realon)
EXCEPTION TO THE EXCEPTION: where the issue revolved around the identification of the accused or the credibility of witness and one judge heard the testimony of the prosecution witnesses but a different judge penned the decision – the latter, not having heard the testimonial presentation, wouldn’t be in a better position than the appellate courts to make such determination (People v. CA)
The matter of assigning values to declarations at the witness stand is best and most completely performed by a trial judge who, unlike appellate magistrates, can weigh such testimony in light of the defendant’s behavior, demeanor, conduct, and attitude at the trial. (People v. Magallanes)
TC shouldn’t discredit a witness by the supposed expression of lack of sincerity in his face. Facial expressions are not necessarily indicative of one’s feelings. TC should’ve made it appear in the record and allowed the witness the opportunity to explain why he was showing such an expression on his face. (People v. Enriquez)
As a general rule, the number of witnesses should not in and by itself determine the weight of evidence, but in case of conflicting testimonies of witnesses, the numerical factor may be given certain weight. (Caluna v. Vicente)
A party’s failure to present merely corroborative or cumulative evidence doesn’t give rise to any adverse or unfavorable presumption. (People v. Quilino)
Credibility of a witness: his integrity, disposition, and intention to tell the truth in the testimony he has given as distinguished from the credibility of his testimony. (People v. Rivera)
Competency of a witness is one thing, and it is another to be a credible witness. Courts allow a person to testify as a witness upon a given matter because he is competent but may thereafter decide whether to believe or not to believe his testimony. (Arroyo v. El Beaterio del Santissimo)
The
demeanor , the emphasis , gestures , and inflection of the voice of a witness , while testifying , are potent aids in the proper evaluation of his credibility . (US v. Macuti)
When a witness makes 2 sworn statements gravely contradicting each other, the court cannot accept either statement as proof. The witness by his own act of giving false testimony impeaches his own testimony and the court should exclude it from all consideration. (US v. Pala) This is different from the situation wherein the testimonies of 2 witnesses contradict each other, in w/c case the court shall adopt such testimony w/c it believes to be true. (US v. Lasada)
The fact that a person has reached the “twilight of his life” is not always a guarantee that he would tell the truth. It’s also quite common that advanced age makes a person mentally dull and completely hazy about things which have happened
to him and, at times, it weakens his resistance to outside influence. (People v. Juarez)
The record of a preliminary investigation constitutes no part of the final proceedings in a cause, unless it’s presented in evidence. The facts adduced therein are evidence only for the purpose of testing the credibility of witnesses. (US v. Grant) When a witness may be said to be biased
When his relation to the cause or to the parties is such that he has an incentive to exaggerate or give false color to his statements, or to suppress or pervert the truth, or to state what’s false.
Bias: that w/c excites the disposition to see and report matters as they are wished for rather than as they are.
When the witnesses on both sides are equally interested or otherwise biased, especially if there’s no numerical preponderance on either side, bias ceases to be a consideration in determining where the weight of evidence rests. Credit should be given to the one whose demeanor and manner of testifying convinces the court of his credibility. (People v. Watin)
The testimonies of interested witnesses are not necessarily biased, incredible or self-serving, although their interest may to some extent affect their credibility. (People v. Lardizabal) The testimony of a co-conspirator or accomplice, while admissible, must be scrutinized with great caution because it comes from a polluted source and is subject to grave suspicion. (People v. Aquino)
The conviction of an accused may be based on the testimony of one witness alone provided such testimony is clear and convincing. (People v. Olais) The offended party’s testimony is not essential to convict an accused if there are already other evidence to prove the latter’s guilt. (People v. Juliada) The prosecution is not obliged to present each and every person who witnessed the occurrence but only a sufficient number to prove the commission of the offense. (People v. Marasigan) Inconsistencies or contradictions on mere details in the testimony of a witness don’t materially impair the credibility of such witness. (People v. Modelo) Inconsistencies in their testimony on insignificant details don’t affect their credibility as to the material points; rather, they indicate veracity (People v. Viñas) and only tend to bolster the probative value of such testimony.
The non-production of a corroborative witness without any explanation given why he wasn’t produced weakens the testimony of the witness who named that corroborating witness in his testimony. (People v. Abonales)
Affirmative testimony is stronger than negative testimony. Negative testimony of a witness cannot prevail over the positive statements of persons who were eyewitnesses of the fact w/c is the subject of investigation. (Vda de Ramos v. CA) Delay of a witness in revealing to the authorities what he knows about a crime does not render his testimony false, for the delay may be explained by the natural reticence of most people and their abhorrence to get involved in a criminal case. (People v. Untalasco Jr) More than this, there is always the inherent fear of reprisal, which is quite understandable
especially if the accused is a man of power and influence in the community. (People v. Catao)
The refusal of a person to submit to investigation to explain the innocent role he professes is inconsistent with the normal reaction of an innocent man. (People v. Bunsol)
The mere relationship of the witness to the victim does not impair his positive and clear testimony nor render the same less worthy of credit (People v. Berganio), UNLESS there’s a showing of improper motive on the part of said witnesses. (People v. Jabeguero)
Affidavits are generally subordinated in importance to open court declarations because they are oftentimes executed when the affiant is at a high pitch of excitement and when his mental faculties are not in such a state as to afford him a fair opportunity of narrating in full the incident which has just transpired. An affidavit is only prima facie evidence of weak probative force and should be received with caution. (Rodriguez v. Red Line Transportation)
These rules don’t apply where the omission in the affidavit refers to a very important detail such that the affiant would not have failed to mention it (People v. Anggot), or the self-contradictions and inconsistencies are on very material and substantial matters. (People v. Amon)
The infirmity of affidavits as a species of evidence is a matter of judicial experience. Generally, an affidavit is not prepared by the affiant himself but by another who uses his own language in writing the affiant’s statements. Omissions and misunderstandings by the writer are frequent particularly under circumstances of hurry or impatience. (People v. Mariquina)
To prove conspiracy, prosecution need not establish that all the parties thereto agreed on every detail in the execution of the crime or that they were actually together at all stages; it is enough that, from the individual acts of each accused, it may reasonably be deduced that they had a common plan to commit the felony. (People v. Catao) However, the same degree of proof required for establishing the crime is required to support a finding of conspiracy. (People v. Tumalip) The circumstances qualifying or aggravating the act must be proved in an evident and incontestable manner. They must be proved as conclusively as the acts constituting the offense. (People v. Tiongson)
The quantum of evidence necessary to prove self-defense or defense of a relative is “clear and convincing” evidence. If the evidence for the defense is of doubtful veracity, conviction of the accused is imperative. (People v. Berio)
For alibi to be given credence, it must not only appear that the accused interposing the same was at some other place, but also that it was physically impossible for him to be at the crime scene at the time of its commission. (People v. Gerones) Such defense becomes weaker if uncorroborated; worse still if it could’ve been corroborated by other persons mentioned by the accused but such corroborative testimony has not been presented. (People v. Brioso)
While, as a rule, the defense of alibi deserves scant consideration, it may be duly entertained if predicated on substantial and reliable evidence sufficient to
engender reasonable doubt as to the guilt of the accused. (People v. Gerones)
Where one accused withdraws his appeal after realizing the futility of his defense, and the other escapes from confinement thereby causing the dismissal of his appeal, said acts are unmistakable signs of guilt. (People v. Aquiedo) Tax declarations or the payment of real estate taxes on the land are not conclusive evidence of ownership of the declarant or payor. (De Guzman v. CA)
Tax receipts are not incontrovertible evidence of ownership but if accompanied by open, adverse, and continued possession in the concept of owner of the property, they constitute evidence of great weight in support of a claim of ownership over said property by the possessor thereof or his privies. (Tabuena v. CA) Flight is evidence of guilt and of a guilty conscience. (US v. Alegado) The converse, however, is not true.
As a rule, the motive of the accused in a criminal case is immaterial and, not being an element of a crime, it does not have to be proved. (People v. Tiengo)
Instances when evidence of motive is relevant or essential
1. Where the assailant’s identity is in question (US v. McMann)
2. To determine the voluntariness of the criminal act (People v. Taneo), or the sanity of the accused (People v. Bascos)
3. To determine from which side the unlawful aggression commenced, as where the accused invoked self-defense wherein unlawful aggression on the part of his opponent is an essential element (US v. Laurel)
4. To determine the specific nature of the crime committed
5. To determine whether a shooting was intentional or accidental, the fact that the accused had personal motives to shoot the victim being a weighty consideration (People v. Martinez Godinez) 6. Where the accused contends that he acted in
defense of a stranger, since it’s essential, for such defense to prosper, that the accused wasn’t induced by revenge, resentment or other evil motive
7. Where the evidence is circumstantial or inconclusive and there’s doubt whether a crime has been committed or whether the accused has committed it (People v. Nicolas)
In some cases, motive is necessary not only for the procedural requirement on the quantum of proof but as virtually an element of the offense, such as to prove malice of the accused in libel or slander (US v. Bustos). The true motive of the conduct of the accused explains and supplies the element of malice and, correspondingly, proves his criminal intent. People v. Pineda: non-exhaustive list of danger signals that the out-of-court identification of suspects may be erroneous even though the method used is proper
1. The witness originally stated that he couldn’t identify anyone
2. The witness knew the accused before the crime but made no accusation against him when questioned by the police
3. A serious discrepancy exists between the witness’ original description and his actual description of the accused
4. Before identifying the accused at trial, the witness erroneously identified some other person
5. Other witnesses of the crime fail to identify the accused 6. Before trial, the witness sees the accused but fails to
identify him
7. Before the commission of the crime, the witness had limited opportunity to see the accused
8. The witness and the person identified are of different racial groups
9. During his original observation of the offender, the witness was unaware that a crime was involved
10. A considerable time elapsed between the witness’ view and his identification of the accused
11. Several persons committed the crime
12. The witness failed to make a positive trial identification Res
ipsa loquitur : the thing speaks for itself
The fact of the occurrence of an injury, taken with the surrounding circumstances, may permit an inference or raise a presumption of negligence, or make out a plaintiff’s prima facie case, and present a question of fact for the defendant to meet w/ an explanation. The doctrine is simply a recognition of the postulate that as a matter of common knowledge and experience, the very nature of certain types of occurrences may justify an inference of negligence on the part of the person who controls the instrumentality causing the injury, in the absence of some explanation by him.
Note that this doctrine is considered as merely evidentiary or in the nature of a procedural rule. Its application doesn’t dispense with the requirement of proof of negligence. It’s simply in the process of such proof, permitting the plaintiff to present enough of the attending circumstances to invoke the doctrine, creating an inference or presumption of negligence and thereby place on the defendant the burden of going forward with the proof to the contrary. (Ramos v. CA)
Cases:
HABAGAT GRILL V . DMC - URBAN PROPERTY DEVELOPER “Preponderance of evidence” means that the evidence adduced by one side is, as a whole, superior to or has greater weight than that of the other. Where the evidence presented by one side is insufficient to ascertain the claim, there is no preponderance of evidence. In criminal cases in which the quantum of evidence required is greater than in civil cases, the testimony of only one witness – if credible, straightforward, and worthy of belief – is sufficient to convict. HUN HYUNG PARK V . EUNG WAN CHOI
In case of a demurrer to evidence filed with leave of court, the accused may adduce countervailing evidence if the court denies the demurrer. Such denial bears no distinction as to the two aspects of the case because there is a disparity of evidentiary value between the quanta of evidence in such aspects of the case. In other words, a court may not deny the demurrer as to the criminal aspect and at the same time grant the demurrer as to the civil aspect, for if the evidence so far presented is not insufficient to prove the crime beyond reasonable doubt, then the same evidence is likewise not
insufficient to establish civil liability by mere preponderance of evidence.
On the other hand, if the evidence so far presented is insufficient as proof beyond reasonable doubt, it does not follow that the same evidence is insufficient to establish a preponderance of evidence. For if the court grants the demurrer, proceedings on the civil aspect of the case generally proceeds. The only recognized instance when an acquittal on demurrer carries with it the dismissal of the civil aspect is when there is a finding that the act or omission from which the civil liability may arise did not exist. Absent such determination, trial as to the civil aspect of the case must perforce continue.
If demurrer is granted and the accused is acquitted by the court, the accused has the right to adduce evidence on the civil aspect of the case unless the court also declares that the act or omission from which the civil liability may arise did not exist.
B. Criminal cases (R133.2-4)
Sec. 2. Proof beyond reasonable doubt. — In a criminal case, the accused is entitled to an acquittal, unless his guilt is shown beyond reasonable doubt. Proof beyond reasonable doubt does not mean such a degree of proof, excluding possibility of error, produces absolute certainly. Moral certainly only is required, or that degree of proof which produces conviction in an unprejudiced mind. (2a)
See notes under R133.1
Sec. 3. Extrajudicial confession, not sufficient ground for conviction. — An extrajudicial confession made by an accused, shall not be sufficient ground for conviction, unless corroborated by evidence of corpus delicti. (3)
Refer to notes under R130.33.
Corpus delicti : the body or substance of the crime
The actual commission by someone of the particular crime charged. It’s a common fact made up of 2 things: a) the existence of a certain act or result forming the basis of the criminal charge, and b) the existence of a criminal agency as the cause of the act or the result.
Proved when the evidence on record shows that the crime prosecuted had been committed
A mere voluntary extrajudicial confession uncorroborated by independent proof of the corpus delicti is insufficient to sustain a judgment of conviction. There must be independent proof of the corpus delicti. The evidence may be circumstantial but, just the same, there should be some evidence substantiating the confession. (US v. de la Cruz) Sec. 4. Circumstantial evidence, when sufficient. — Circumstantial evidence is sufficient for conviction if: a) There is more than one circumstance;
b) The facts from which the inferences are derived are proven; and
c) The combination of all the circumstances is such as to produce a conviction beyond reasonable doubt. (5) Circumstantial evidence is sufficient for conviction even in capital offenses, except when the law specifies the species and quantum of evidence.
Not only the prior and coetaneous actuations of the accused in relation to the crime but also his acts or conduct subsequent thereto can be considered as circumstantial evidence of guilt.
While the motive of the accused is generally immaterial not being an element of the crime, such motive becomes important when the evidence of the crime is purely circumstantial.
RIANO:
A conviction based on circumstantial evidence must exclude each and every hypothesis consistent w/ innocence. If the totality of the circumstances eliminates beyond reasonable doubt the possibility of innocence, conviction is proper.