Category Archives: Evidence

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

Posted on March 7, 2015 by Erineus

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.

Posted on July 25, 2014 by Erineus

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

Posted on March 8, 2012 by Erineus

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

Posted on March 8, 2012 by Erineus

 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?

Posted on March 8, 2012 by Erineus

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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