Category Archives: Evidence

Is the existence of all dangerous drugs a sine qua non for conviction?

Next, appellant argues that the prosecution failed to prove the corpus delicti of the crime. In particular, she alleged that the apprehending police officers failed to follow the procedure in the custody of seized prohibited and regulated drugs, instruments, apparatuses, … Continue reading

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There being no valid arrest, the warrantless search that resulted from it was likewise illegal.

Second, there being no valid arrest, the warrantless search that resulted from it was likewise illegal.           The following are the instances when a warrantless search is allowed: (i) a warrantless search incidental to a lawful arrest; (ii) search of … Continue reading

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Definition of res gestae, its rule and its requisites to be admissible as evidence

The statement of Haide to his mother that he had just been shot by the group of Berting –  uttered in the immediate aftermath of the shooting where he was the victim –  was a true part of the res … Continue reading

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Positive identification refers to proof of identity of the assailant and need not always be by direct evidence from the eyewitness

 The identification of the accused as the person responsible for the imputed crime is the primary duty of the State in every criminal prosecution. Such identification, to be positive, need not always be by direct evidence from an eyewitness, for … Continue reading

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When does judicial notice mandatory or discretionary?

Judicial notice does not apply                 Finally, petitioner implores us to take judicial notice of Section 7.01,[67] Article VII of the Management Contract for cargo handling services it entered with the PPA, which limits petitioner’s liability to P5,000.00 per package. … Continue reading

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Letter that the accused spontaneously made while not under custodial investigation is admissible

Petitioner’s handwritten letter is admissible in evidence The next issue concerns the admissibility of the accused’s letter dated January 4, 1996to Prudential Bank’s President explaining the shortage of her dollar collection as bank teller,[22] the relevant portion of which follows: … Continue reading

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Mere allegation is not evidence and is not equivalent to proof.

While SSC believes that the foregoing constitutes substantial evidence of Teresa’s amorous relationship, we, however, find otherwise.  It is not hard to see that Estelita’s claim of Teresa’s cohabitation with a married man is a mere allegation without proof.  Likewise, … Continue reading

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