CLJ DEFINITION OF TERMS
1. PRIMARY/BEST EVIDENCE - that which the law regards as affording the
greatest certainty.
2. SECONDARY EVIDENCE - that which indicates the existence of a more
original source of information.
3. EXPERT EVIDENCE - the testimony of one possessing knowledge not
usually acquired by other persons.
4. PRIMA FACIE EVIDENCE - evidence whichcan stand alone to support a
conviction unless rebutted.
5, CONCLUSIVE EVIDENCE -incontrovertible evidence
6. CUMULATIVE EVIDENCE - additional evidence of the same kind bearing
on the same point.
7. CORROBORATIVE EVIDENCE - additional evidence of a different kind
and character tending to prove the same point as that of previously offered
evidence.
8. CHARACTER EVIDENCE - evidence of aperson's moral standing or
personality traits in a community based on reputation or opinion.
9. DEMEANOR EVIDENCE - the behavior of a witness on the witness stand
during trial to be considered by the judge on the issue of credibility.
10. DEMONSTRATIVE EVIDENCE - evidence that has tangible and
exemplifying purpose.
11. HEARSAY EVIDENCE - oral testimony ordocumentary evidence which
does not derive its value solely from the credit to be attached to the witness
himself.
12. TESTIMONIAL EVIDENCE - oral averments given in open court by the
witness.
Criminal Jurisprudence. Criminal jurisprudence refers to the science of laws
or the application of laws, particularly criminal law, to detect and investigate
crimes for the purpose of promoting justice.
Circumstantial Evidence. Circumstantial evidence are facts or events
that tends to incriminate a person in a crime, e.g., being seen running from a
crime scene.
Complainant .refers to a person requesting an investigation or that action is
taken. Complainant is often the victim of a crime.
Confession. is the declaration of an accused acknowledging his guilt of the
offense charged, or of any offense necessarily included therein, may be
given in evidence against him (Rule 130, sec 33, Revised Rules on Evidence).
Coroner .refers to a public officer whose principal duty is to find and inquire
the cause of death (Random House Kernerman Webster's College Dictionary,
2010).
Corpus delicti .is a Latin term which pertains to the body of the crime. The
foundation or material substance of a crime. The phrase corpus delicti might
be used to mean the physical object upon which the crime was committed,
such as a dead body or the charred remains of a house, or it might signify
the act itself, that is, the murder or Arson.The corpus delicti is also used to
describe the evidence that proves that a crime has been committed (West's
Encyclopedia of American Law, edition 2. Copyright 2008)
Proof beyond a reasonable doubt. Proof of such a convincing character
that you would be willing to rely and act upon it without hesitation in the
most important of your own affairs. However, it does not mean an absolute
certainty.
Probable Cause. Evidence that warrants a person of reasonable caution in
the belief that a crime
has been committed.
Rapport. is a felling of ease and harmony in a contact or relationship
between people.
Reasonable Doubt.The level of certainty which a juror must have to find a
defendant guilty of a crime. A real doubt, based upon reason and common
sense after careful and impartial consideration of all the evidence, or lack of
evidence, in a case.
Search warrant. is an order in writing issued in the name of the people
of the Philippines, signed by a judge and directed to a peace officer,
commanding him to search for personal property described therein and to
bring it before the court. (Sec. 1, Rule 126 of the RPC)
Seizure. Seizure refers to the confiscation of property by an officer with
legal authority to do so. In criminal investigation, it is the logical
consequence of search.
Statement. refers to a legal narrative description of events related to a
crime.
Suspect. refers to a person considered to be directly or indirectly
connected with a crime, either by overt act or by planning and/or directing it.
Warrant of arrest . is an order in writing issued in the name of the people
of the Philippines, signed by a judge and directed to a peace officer,
commanding him to take a person into custody in order that he may bound
to answer for the commission of an offense. (Sec. 1, Rule 126 of the RPC)
Witness. refers to a person who saw a crime or some part of it being
committed or who has relevant information.
OBJECT/AUOTOPTIC PROFERRENCE/REAL EVIDENCE - those addressed
to the senses of the court (sight, hearing, smell, touch, taste)
LATEST RULING ON ILLEGAL GAMBLING
To our esteemed law enforcers, please take note of this ruling. This is a new
concept in illegal gambling law.
With this ruling, our PNP must re-define its manual against illegal gambling
operations.
In a recent decision, two accused were caught en flagrante playing cara y
cruz during police operation. After their arrest, the police officers grabbed
bet money on the pavement.
Prosecuted for violation of PD 1602, the trial court convicted the accused
which was affirmed by the appellate courts. The Supreme Court, however,
acquitted them.
The Court explained that the arresting officers must witness the accused
directly or indirectly participating in the game to be found guilty of illegal
gambling.
For a successful prosecution of illegal gambling, the arresting officers must
not only have seen the suspected bettors place their bets. They must also
testify with certainty on the details of the entire gambling operation,
including but not limited to:
(1) the alleged game being played;
(2) the identification of the person administering the bets;
(3) the identification of the bettors; and
(4) the denomination of money being bet.
Any vagueness on the details clouds the offense with reasonable doubt.
Thus, the police officers' failure to state with accuracy the actual
denomination of the alleged bets amounts to reasonable doubt.
(Plan v. People, GR# 248853, Feb. 3, 2025)
