EVIDENCE.pdf

EVIDENCE conflict, not mere dispute between two contending parties. 128 GENERAL PROVISION The truth respecting a matter of fact 12...

EVIDENCE conflict, not mere dispute between two contending parties. 128 GENERAL PROVISION The truth respecting a matter of fact 129 WHAT NEED TO BE PROVED refers to an issue of fact and is both 130 RULES ON ADMISIBILITY substantive and procedural. The 131BURDEN OF PROOF AND facts need to be established is PRESUMPTIONS determined by substantive law. The 132 PERPETUATION OF WITNESS manner of proving these facts is 133 WEIGHT AND SUFFIECIENCY governed by the rules on evidence OF EVIDENCE PERPETUATION OF TESTIMONY Judicial Truth and Absolute Truth SOURCES OF EVIDENCE Judicial truth - the truth found by the court based on the evidence presented before it. 1. RULES OF COURT (128-134) Absolute truth – this is always true 2. CONSTITUTION regardless of parameters or context. 3. SPECIAL LAWS (RA 9164) What Is the Scope of Evidence 4. REVISED PENAL CODE (TWO WINESSES Rule 128 Sec 2 The rules of evidence RULE) shall be the same in all courts and in 5. CIVIL CODE (STATUTE OF FRAUD) all trials and hearings, except as otherwise provided by law or these 6. JURISPRUDENCE (STARE DECISES) rules 7. SUPREME COURT CIRCULARS General Rule: Uniform application of the rules on evidence in all courts, in all trials and hearings What Is Evidence Exception: Those provided by law or the Rule 128 Sec. (1) Evidence is the rules on the contrary means, sanctioned by these rules, of ascertaining in a judicial proceeding 1. Determines among the probative the truth respecting a matter of fact matters which are logically and in Sanction by these rules-means their nature evidential, and what allowed under these rules or more classes of things shall not be accurately not excluded by these received. These excluding function rules. or rules is the characteristics of our Evidence as a means of law of evidence. Rule on ascertainment- refers to the admissibility, Rule 128-130. evidentiary facts or the manner of 2. Prescribes the manner of presenting bringing this fact forward before the evidence. Burden of proof-Rule 131- tribunal, or both. 132. In a judicial 3. Fixes the qualification and privileges proceedings.Contemplates jural of witness in examining them. Rule 132. Three Kinds Evidence (Dot) Cumulative Evidence - additional evidence of the same kind or character to that already Documentary Evidence - it consist of given and tending to prove the same writings or any material containing letters, proposition. words, numbers, figures, symbols, or other modes of written expression offered as Ex: Testimony of witnesses of the proof of their contents incident Object/Real or Autoptic Evidence - Corroborative Evidence-additional Addressed to the senses (5 senses) of the evidence but of different kind or character court. as that already given, tending to prove the same proposition. Ex. Weapons/bloodstain-appreciated by sight, Gunshot/Shouting for Ex. Testimony of witness of the stab helpappreciated by hearing, wounds; the knife in stabbing found Gasolineappreciated by smell. in possession of the accused; medical certificate that the victim Testimonial Evidence - Written or oral died due to the stabbing statement or declaration of person respecting a matter of fact sought to be Prima Facie Evidence-one when left alone proven. Testimony of a witness in open by itself, would suffice as proof of particular court. fact until overcome by other evidence. Classification Of Evidence (Dici Cumcor Ex: Certificate that of a recording Prisec Pricon Pone) officer is prima facie evidence of a record, but it may afterwards be Direct Evidence-established the truthof a rejected upon proof that there is no fact in question without the aid of any such record. inference. evidence to the precise point in issue. Conclusive Evidence - that which admits no other contradiction. Ex: Accuse saw the accused inflict the blow which caused the death. In Primary Evidence - gives greatest certainty arson, that the witness saw as to the fact in issue. defendant apply the torch which Ex. The original copy of the Deed of lighted the fire. In an agreement, the Sale witness was present and witnessed it Secondary Evidence-affords a degree of Circumstantial Evidence/Indirect sufficiency to established a fact in question Evidence - any circumstances from which only when the best evidence is not available. reason draws an inference as to the existence of a fact unknown to the fact that Ex. A photocopy of the Deed of Sale is known document. Ex: Smoke in case of a fire; Blood in Positive Evidence-witness affirms that a the shirt fact did or did not occur at a particular occasion.  Ex. Witness testify that he did or did What is Factum Probans and Factum not saw accused. Probandum Negative Evidence - witness states that he FACTUM PROBANT\DUM-ultimate does not know that a given event occurred facts sought to be established/THE or not. ISSUE OF THE CASE -or proposition to be established. Ex: Witness testify that he is not FACTUM PROBANS-evidentiary aware of the accused presence. facts by which the ultimate fact is to OTHER KINDS OF EVIDENCE be established. THE MATERIALS TO BE PRESENTED TO PROVE FACTUM Relevant evidence - having any value in PROBANTUM reason as may tend to established the probability or improbability of the fact in Example Factum Probandum question. MURDER THE ISSUE OF THE CASE Ex: A gun used by the accused in the killing. (The Proposition to Be Proved-) ELEMENTS OF THE OFFESE/FELONY Material Evidence- directed to prove a fact in issue as determined by the rules of FACTUM PROBANS substantive law and of pleadings. THE EVIDENCE TO PROVE MURDER. (What Ex: Plaintiff claims has been paid as is evidentiary fact to prove it) a valid defense in a collection suit. 1. WEAPON USED But if the defendant fails to plead as 2. MEDICAL CERTIFICATE aground in a motion to dismiss or as 3. TESTIMONY OF WITNESSES affirmative defense in an answer he cannot later on present evidence ADMISIBILITY showing payment if objected to Admissibility of evidence- evidence is Competent Evidence - that which is not admissible when it is relevant to the issue excluded by the law as tending to prove a and is not excluded by the CONSTITUTIONS, fact is issue. the LAW and these RULES. (SEC 3, RULE 128) Ex: Evidence obtained by use of a Requisites Of Admisibility search warrant Relevancy- such relation to the fact Expert Evidence-testimony given by a in issue as to induce belief in its person relative to a department of human existence activity in which he possess the skill and the Competency –meaning evidence knowledge not ordinary within the gift of that is to be presented is not ordinary men. excluded by the CONSTITUTION, by LAW, or by the RULES OF COURT Rebuttal Evidence-that given to overcome or contradict fact which are already given. Ex: A rebuttal of a witness that the victim attack the accused first.  TWO AXIOMS OF ADMISIBILITY nevertheless, the confession on the According To Wigmore accused is admissible as evidence of the declarant ‘s own guilt. Axiom of Relevancy – none but facts have been rational probative value Conditional-allows introduction of evidence subject to the condition that its Axiom of Competency – facts having relevance or connection to the fact will be rational probative value are admissible shown later. unless some specific rule forbids their admission. The rule of exclusions are rules Eg. In an action by A against B for of exceptions to the general admissibility of recovery of real property, plaintiff all that is rational and probative. offered a document showing that the property belonged to X. On Admissibility Vs Probative objection of the defendant upon the Value Admissibility answers the question ground that by other evidence that of whether certain pieces of evidence are to X, the original owner sold the be considered at all. property to Y and later sold to Z from whom plaintiff acquire title by Weight or probative value answers the purchase. question of whether the admitted evidence proves an issue by the quantum of evidence Curative- (fighting fire with fire) allows required by law. introduction of evidence which is otherwise inadmissible because similar admissible Kinds of Admissibility evidence has been introduced by the other Multiple-Evidence that is plainly relevant party. and competent for two or more purposes Eg. Complainant present evidence will be received if it satisfies all the that respondent owes lot of people requirements prescribed by law in order that money, hence, the case of estafa it may be admissible for the purpose for against him, defendant on the which it is presented. Even if it does not otherhand, present receipt or former satisfy the other requisites of admissibility creditor, he once owes money, that for other purposes. Simply meanse allows they had already been paid. evidence which is inadmissible for one purpose as admissible for the other purpose or purposes. Theories on Curative Admissibility Eg. A land title can be offered to American Rule- the admission of such prove ownership and that the land is incompetent evidence, without objection by classified as private land. Or In a the opponent does not justify such conspiracy, the Confession of opponent in rebutting it by similar accused may not be competent incompetent evidence against his co-accused, being hearsay or to prove conspiracy English Rule- if a party has presented between them without first inadmissible evidence, the adverse party establishing that conspiracy, may resort to similar inadmissible evidence. section shall be inadmissible for any Literally fighting fire with fire. purpose in any proceeding. Massachusetts Rule- the adverse party may Section 12. (1) Any person under be permitted to introduce similar investigation for the commission of an incompetent evidence in order to avoid a offense shall have the right to be informed plain and unfair prejudice caused by the of his right to remain silent and to have admission of the other party’s evidence. competent and independent counsel preferably of his own choice. If the person EXCLUSIONARY RULES cannot afford the services of counsel, he Exclusionary Rules - is a rules of evidence must be provided with one. These rights which excludes evidence obtained in cannot be waived except in writing and in violation of a person’s rights or secured the presence of counsel. through illegal means or sources. EXCLUDED BY THE LAW Eg. Failure to informed accused of Republic Act 4200 his Miranda rights during arrest, Search or arrest without warrant or Section 1. It shall be unlawful for any probable cause, confession by the person, not being authorized by all the accused without the presence of his parties to any private communication or own independent counsel spoken word, to tap any wire or cable, or by using any other device or arrangement, to EXCLUDED BY THE CONSTITUTION secretly overhear, intercept, or record such Section 2. The right of the people to be communication or spoken word by using a secure in their persons, houses, papers, and device commonly known as a dictaphone or effects against unreasonable searches and dictagraph or dictaphone or walkie-talkie or seizures of whatever nature and for any tape recorder, or however otherwise purpose shall be inviolable, and no search described warrant or warrant of arrest shall issue Relevancy, collateral matter, evidence must except upon probable cause to be have such a relation to the fact in issue ato determined personally by the judge after induce belief in its existence pr non- examination under oath or affirmation of existence. Evidence on collateral matters the complainant and the witnesses he may shall not be allowed, except when it tends in produce, and particularly describing the any reasonable degree to establish the place to be searched and the persons or probability and improbability. (Rule 128, Sec things to be seized. 4) Section 3. (1) The privacy of communication Burden of Proof vs Burden of Evidence and correspondence shall be inviolable except upon lawful order of the court, or Burden of proof is the obligation of a party when public safety or order requires to present evidence on facts in issue otherwise, as prescribed by law. necessary to establish his claim or defense by the amount of evidence required. Sec 1 Rule (2) Any evidence obtained in 130) violation of this or the preceding Burden of evidence is the duty of the party What is Judicial Notice to go forward with the evidence to overthrow 1. Judicial notice is the cognizance of any prima facie presumption against him ( certain facts that judges may properly Bautista v. Sarmiento) take and act on without proof CASE ANALYSIS because these facts are already known to them. A sued for annulment of his marriage with B. 2. Put differently, it is the assumption by During trial, A offered in evidence cassete a court of a fact without need of tapes of alleged telephone conversations of further traditional evidentiary. It B with her lover. The tapes were recordings merely defers the presentation of made by tapping A’s conversation of B with proof, in the meantime. her lover. The tapes were recordings made by tapping A’s telephone line, with A’s consent Ex: The presumption under Article 131 that and obviously without B’s or her lover “an unlawful act was done with an unlawful consented to the wire tap. The court intent.” This means that the prosecution admitted tapes, ruling that the recorded need not prove, in the meantime, that the conversations are nonetheless relevant to the accused committed an act with criminal issue involved. Was the court correct? intent support. The principle is based on convenience and expediency in securing and Plunder cases were filed agains former introducing evidence on matters which are President Estrada before the SB. The not ordinarily capable of dispute and are not prosecution moved for the issuance of a bona fide disputed [Republic v. subpoena duces tecum directed Equitable Sandiganbayan G.R. No. 152375 December Bank Account No. 858 and Savings Account 16, 2011] No. 0016-17345-9. Estrada moved to quash the subpoena duces tecum. Estrada contends Latin Maxim to remember: Manifesta that the information found therein, given probatione non indigent [Manifest things their extremely detailed character, could only require no proof.] have been obtained by the prosecution Rationale of judicial Notice through an illegal disclosure by the bank officials concerned. Estrada thus claims that The taking of judicial notice is a the subpoenas must be quashed following matter of expediency and the fruit of the poisonous tree doctrine. Is convenience for it fulfills the Estrada’s argument is correct? purpose that the evidence is intended to achieve, and in this What Need Not to Be Proved sense, it is equivalent to proof 1. Facts of Judicial Notice [Degayo v. Dinglasan GR No. 173148 2. Facts judicially admitted; and April 6, 2015] 3. Facts which the law considers It would be superfluous, conclusive upon a party. (Conclusive inconvenient, and expensive both to presumption). parties and the court to require proof, in the ordinary way, of facts which are already known to them  [People v. Rullepa, GR No. 131516, What about foreign laws March 5, 2003]. Foreign laws present a QUESTION OF Mandatory judicial notice FACT. A court shall take judicial notice, without the Thus, as a general rule, they may not introduction of evidence, of the existence be taken judicial notice of and have and territorial extent of states, their political to be proved. They have to be history, forms of government and symbols of pleaded and proven as any other fact. nationality, the law of nations, the admiralty If your defense is based on a foreign and maritime courts of the world and their law then you have to properly state seals, the political constitution and history of that in your pleading and proved it as the Philippines, the official acts of legislative, in any other fact executive and judicial departments of the How to Prove Foreign Law? National Government of the Philippines, the laws of nature, the measure of time, and the For written foreign law: We follow the geographical divisions. (Rule 129, Sec1) process stated in Sections 24 - 25 of Rule 132. (This rule would not be What laws are subject of mandatory discussed now to avoid confusion) judicial notice? For unwritten foreign law: We follow 1. The Law of nations Section 48 of Rule 130 or the so- 2. Laws as official acts of the legislative, called learned treatises which is an executive and judicial department of exception to the rule on hearsay the National Government of the evidence. Philippines A foreign law may be admitted 3. Ordinances without proof if it is subject of a 4. Laws of nature judicial admission. So, if it is admitted by the other party then no need to Laws of Nations prove In the absence of proof or The 1987 Constitution of the admission, foreign law is presumed to Philippines provides that "the be the same as that in the Philippines. Philippines renounces war as an Under the doctrine of PROCESSUAL instrument of national policy, adopts PRESUMPTION. the generally accepted principles of Foreign laws are NOT a matter of international law as part of the law of judicial notice. Like any other fact, the land, and adheres to the policy they must be alleged and proven. To peace, equality, justice, freedom, prove a foreign law, the party cooperation, and amity with all invoking it must present a copy nations. (Sec. 2, Article II 1987 thereof and comply with Sections 24 Constitution) and 25 of Rule 132 of the Revised Rules of Court. (CONDON v. COMELEC G.R. No. 19874, August 10, 2012) LAWS AS OFFICIAL ACTS OF THE controversy is still subject to the LEGISLATIVE DEPARTMENT judicial determination. All judges are presumed to know ALL OFFICIAL ACTS OF THE JUDICIAL statutes and their status - whether DEPARTMENT Art 8, NCC – Judicial the same are still effective or have decisions applying or interpreting the laws already been repealed or amended. or the Constitution shall form a part of the legal system of the Philippines. LEGISLATIVE ACTS OTHER THAN LAW 1.ORDINANCES - Ordinances are not In Chavez vs. PEA, a senate included in the enumeration of matters investigation report is deemed covered by mandatory judicial notice under covered by mandatory judicial notice. Section 1, Rule 129 of the Rules of Court. Congressional debates and other (SJS v Atienza, GR No. 156052, February 13, records that predicated the passage 2008) of the law are matters considered to be official acts of Congress and are What are these doctrines? For the sake of therefore within the realm of simplicity, these are the Rules on Judicial mandatory judicial notice. Judges are Notice of Ordinances. supposed to take judicial notice of MTC – required to take judicial notice of that also, so it helps that they watch ordinances of the municipality or city those congressional hearings. wherein they sit Official Acts of The Executive RTC – must take judicial notice only: Departments As Law 1. When required to do so by statute Executive orders and presidential (example: charter of a city) decrees have the full force of law 2. In a case of appeal before them when they take authority from a wherein the inferior court took legislative power directly granted to judicial notice of an ordinance the Executive by the Constitution, or involved in said case; are made pursuant to a valid 3. When capable of unquestionable delegation of power to the demonstration President. LAWS OF NATURE OFFICIAL ACTS OF THE JUDICIAL DEPARTMENT Law of Inertia Now, official acts of Judicial Judicial Notice, When Discretionary. Department. The best example for that are the Rules of Court, other - A court may take judicial notice of Supreme Court issuances, as well as matters which are of public the cases decided by the Supreme knowledge, or are capable of Court. Courts should take judicial unquestionable demonstration, or notice of Supreme Court decisions ought to be known to judges but not blindly because whether or because of their judicial functions. not to apply a ruling to a (Rule 129, Sec 2) Requisites: What is Judicial Notice 1. The matter must be one of common A party may make judicial admissions in and general knowledge; a) the pleadings, 2. It must be well and authoritatively b) during the trial, either by verbal or settled and not doubtful or written manifestations or uncertain; and stipulations, or 3. It must be known to be within the c) in other stages of the judicial limits of the jurisdiction of the court. proceeding. SPOUSES BINARAO vs. Requisites: The concept of "facts of PLUS BUILDERS, INC. G.R. No. common knowledge" in the context of 154430, June 16, 2006 NOTE also judicial notice has been explained as those that admissions can be express or facts that are "so commonly known in the implied. community as to make it unprofitable to Admissions in the pleadings require proof, and so certainly known x x x as to make it indisputable among - In an action for a collection of sum reasonable men." (Magdalo Para sa of money, the plaintiff alleges that Pagbabago vs. COMELEC) the defendant secured a loan from the plaintiff and there was a prior Judicial Notice, When Hearing Necessary demand to pay and the defendant During the pre-trial and the trial, the did not pay. The defendant admitted court, motu proprio or upon motion, all the allegations in the complaint shall hear the parties on the and simply prayed to the court for propriety of taking judicial notice of leniency. any matter. Admissions During trial Before judgment or on appeal, the court, motu proprio or upon motion, - A verbal judicial admission can take may take judicial notice of any in the form of a manifestation or matter and shall hear the parties testimony in court. A written judicial thereon if such matter is decisive of admission can be in motions, written a material issue in the case. (Rule manifestations, briefs, memoranda, 129, Sec 3) affidavits and even in a submission in answer to a request for admission. JUDICIAL ADMISSIONS Admissions in other stages - An admission, oral or written, made by the party in the course of the PRE-TRIAL (Admissions and proceedings in the same case, does stipulations of fact are mandatory not require proof. The admission subjects of pre-trial) may be contradicted only by THE AVAILMENT OF DISCOVERY showing that it was made through PROCEDURES before trial or pending palpable mistake or that the appeal (ex. Depositions, request of imputed admission was not, in fact, admission etc.) made. (Rule 129, Sec4) What is the effect of judicial admission EXCEPTIONS - Well-settled is the rule that the The admissions may be contradicted only b judicial admissions are conclusive on showing the party making them (Konghun v. 1. That the mistake was made through UCPB, G.R. NO. 154334) PALABLE MISTAKE; - An admission cannot be 2. or That NO SUCH ADMISSION WAS controverted by the party making IN FACT MADE. such admission and are conclusive as to him and that all proofs submitted EXCEPTIONS PALPABLE MISTAKE by him contrary thereto or inconsistent therewith shall be Palpable mistakes ignored whether objection is are mistakes that are obvious to all interposed by the party or not sides. These are mistakes that are Must Be Made in The Same Case glaring that the judge or the adverse party can see that there was really Republic Glass Vs Qua no admission made. Under the old rules, this is the only - To constitute a judicial admission, it exception to the rule that a judicial must be made in the same case in admission binds the party making it which it is offered. If made in another case or court, the fact of such admission must be proved as in OBJECT AND DNA EVIDENCE the case of any other fact. Although, if made in a judicial proceeding, it is OBJECT EVIDENCE entitled to greater weight. - Object as evidence are those Definition addressed to the senses of the court. When an object is relevant to the Under the case law, judicial fact in issue, it may be exhibited to, admission or an ADMISSION IN examined to, or viewed by the court. JUDICIO is a deliberate, clear, Rule 130, Sec 1) unequivocal statement by a party about a concrete fact within that Classification of Object Evidence party’s knowledge. 1. Actual, physical or autoptic Under the law on pleadings, a evidence – those which have direct judicial admission is a formal relation or part in the fact or incident concession in the pleadings or sought to be proven and those stipulations by a party or counsel brought to the court for personal that is binding on the party making examination by the presiding them. Although a judicial admission magistrate is not itself evidence, it has the effect 2. Demonstrative evidence- those of withdrawing a fact from which represent the actual or contention. physical object being offered to support or draw inference or to aid  in comprehending the verbal 2. Be authenticated; Authentication testimony of a witness simply means that the genuineness of the object must be proven. It REAL EVIDENCE DEMONSTRATIVE requires that the admission of an EVIDENCE object be precede by evidence Tangible object Tangible evidence sufficient to support a finding that that played some that merely the object in question is what the actual role in the illustrates a matter proponent claims it to be. The fact in matter that gave of importance in issue as to its existences or non- rise to the the litigation. existence. litigation. (example: 3. Not be hearsay the one who should gun, knife, drugs, testify about the objective evidence marked money) is somebody who has a personal Intends to prove Intends to show know ledge of the object itself. that the object is that the 4. Not be privileged or otherwise used in the demonstrative excluded; Otherwise excluded- The underlying event. object fairly Axiom of Competency. If it is not (example: In a represents or excluded by the law or the rules, it murder case, the illustrates what it is can be admitted into evidence. murder weapon) alleged to be 5. Meet any additional requirements by illustrated. To make law. Section 21, RA9165 or the the testimony of Special Chain of Custody the witness more requirement in Drug Cases. coherent Manner of authentication of object evidence: Categories of Actual Evidence 1. To have been the very same thing in 1. Unique Object- those that have issue; and /or readily identifiable marks; 2. What its proponent say it is. 2. Object made unique-those are that made readily identifiable Purpose of authentication 3. Non-unique object – those with no 1. To prevent the introduction of an identifying marks object different from the one Requisites for admissibility of object testified about, and evidence 2. To ensure that there has been no significant changes in the object 1. Be relevant to the fact in issue; It evidence. must have such a relation to the fact in issue as to its existence or non- Types of Authentication existence. Object evidence must 1. By testimony – shall be resorted have such a relation to the fact in when the real evidence is of type issue as to induce belief in its which can be readily identified by a existence or non-existence. witness, the witness ‘ testimony will be sufficient authentication  2. By chain of custody – shall be the integrity and the evidentiary made when the real evidence is of value of the seized items are properly type which cannot easily be preserved by the apprehending recognized or readily be confused or officer/team, shall not render void tampered with, the proponent must and invalid such seizures of and present evidence of its chain of custody over said items custody. It must be shown that there Doctrine of Chain of Custody was a strong probability of correct identification. - The duly recorded authorized movement of seized drugs or Chain of Custody in Drugs Cases controlled chemicals, plan sources of SECTION 21. Custody and Disposition of dangerous drugs or laboratory Confiscated, Seized and/or Surrendered equipment of each stage, from the Dangerous Drugs, Plant Sources of time of seizure/confiscation to Dangerous Drugs, Controlled Precursors and receipt in the forensic laboratory to Essential Chemicals, safekeeping to presentation in court Instruments/Paraphernalia and/or for destruction. Laboratory Equipment. x x x - Such record of movement and custody of seized item shall include a) The apprehending officer/team the identity and signature of the having initial custody and control of person held temporary custody were the drugs shall, immediately after made in the course of safekeeping seizure and confiscation, physically and used in court as evidence, and inventory and photograph the same the final disposition. ( People v. in the presence of the accused or the Ladip, GR No. 196146, March 12, person/s from whom such items were 2014 confiscated and/or seized, or his/her representative or counsel, a What would be the effect now if this representative from the media and Chain of Custody in Section 21 is not the Department of Justice (DOJ), and followed strictly? What’s the effect of any elected public official who shall lapses of Chain of Custody? be required to sign the copies of the In People vs. Eugenio, its non-compliance will inventory and be given a copy not render the arrest illegal or the item seized thereof: Provided, that the physical or confiscated from him inadmissible. So, it inventory and photograph shall be does not affect admissibility of the seized conducted at the place where the drugs. What is of utmost importance is the search warrant is served; or at the preservation of the integrity and the nearest police station or at the evidentiary value of the seized items as the nearest office of the apprehending same would be utilized in the determination officer/team, whichever is of guilt or innocence of the accused. practicable, in case of warrantless seizures; Provided, further, that non- In People vs. Macatingag, the Supreme Court compliance with these requirements said here that if there is non-compliance of under justifiable grounds, as long as Section 21, the problem is not admissibility but merely weight- the evidentiary merit or c) the testing would probably result in probative value- to be given the evidence. the reversal or modification of the The weight to be given by the courts on said judgment of conviction. evidence depends on the circumstances Assessment of probative value of DNA obtaining in each case. evidence Rule on DNA Evidence A.M. No. 06-11-5- In assessing the probative value of the DNA SC evidence presented, the court shall consider Scope of the Application of the Rule on the following: DNA Evidence The chain of custody, including how - The rule on DNA Evidence shall the biological samples were apply whenever DNA evidence is collected, how they were handled, offered, used, or proposed to be and the possibility of contamination offered or used as evidence in all of the samples; criminal and civil actions as well as The DNA testing methodology, special proceedings including the procedure followed in analyzing the samples, the advantages and disadvantages of Application of DNA Testing the procedure, and compliance with the scientifically valid standards in - The appropriate court may, at any conducting the tests; time, either motu proprio or on The forensic DNA laboratory, application of any person who has a including accreditation by any legal interest in the matter in reputable standards-setting litigation, order a DNA testing. Such institution and the qualification of order shall issue after due hearing the analyst who conducted the tests. and notice to the parties. If the laboratory is not accredited, - This Rule shall not preclude a DNA the relevant experience of the testing, without need of a prior court laboratory in forensic casework and order, at the behest of any party, credibility shall be properly including law enforcement agencies, established; and before a suit or proceeding is The reliability of the testing result, as commenced. hereinafter provided. Post-conviction DNA Reliability of DNA Testing Methodology Post-conviction DNA testing may be 1. The falsifiability of the principles or available, without need of prior court order, methods used, that is, whether the to the prosecution or any person convicted theory or technique can be and has by final and executory judgment provided been tested; that : 2. The subjection to peer review and a) a biological sample exists, publication of the principles or b) such sample is relevant to the case, methods; and  3. The general acceptance of the In the case the court, after due principles or methods by the hearing finds the petition to be relevant scientific community; meritorious, if shall reverse or 4. The existence and maintenance of modify the judgment of conviction standards and controls to ensure the and order the release of the convict, correctness of data generated; unless continued detention is 5. The existence of an appropriate justified for a lawful cause. reference population database; and A similar petition may be filed either 6. The general degree of confidence in the Court of Appeals or the attributed to mathematical Supreme Court, or with any member calculations used in comparing DNA of said courts, which may conduct a profiles and the significance and hearing thereon or remand the limitation of statistical calculations petition to the court of origin and used in comparing DNA profiles issue the appropriate orders. Instances to be considered by the court in assessing the probative value of the DNA Evidence 1. The evaluation of the weight of matching DNA evidence or the relevance of mismatching DNA evidence; 2. The results of the DNA testing in the light of the totality of the other evidence presented in the case; and that 3. DNA results that exclude the putative parent from paternity shall be conclusive proof of non-paternity. If the value of the Probability of Paternity is less than 99.9%, the results of the DNA testing shall be considered as corroborative evidence. If the value of the Probability of Paternity is 99.9% or higher there shall be a disputable presumption of paternity. Post-conviction DNA Testing The convict or the prosecution may file a petition for a writ of habeas corpus in the court of origin if the results of the post-conviction DNA testing are favorable to the convict.