[go: up one dir, main page]

0% found this document useful (0 votes)
10 views2 pages

Rule 133

Download as docx, pdf, or txt
Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1/ 2

RULE 133

WEIGHT AND SUFFICIENCY OF EVIDENCE

Section 1. Preponderance of evidence, how determined. - In


civil cases, the party having the burden of proof must establish
his or her 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 they 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)

Section 2. Proof beyond reasonable doubt. - In a criminal case,


the accused is entitled to an acquittal, unless his or her guilt is
shown beyond reasonable doubt. Proof beyond reasonable doubt
does not mean such a degree of proof as, excluding possibility of
error, produces absolute certainty. Moral certainty only is required,
or that degree of proof which produces conviction in an
unprejudiced mind. (2a)

Section 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)

Section 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.

Inferences cannot be based on other inferences. (4a)


Section 5. Weight to be given opinion of expert witness, how
determined. - In any case where the opinion of an expert witness is
received in evidence, the court has a wide latitude of discretion in
determining the weight to be given to such opinion, and for that
purpose may consider the following:

(a) Whether the opinion is based upon sufficient facts or data;

(b) Whether it is the product of reliable principles and methods;

(c) Whether the witness has applied the principles and methods
reliably to the facts of the case; and

(d) Such other factors as the court may deem helpful to make such
determination. (n)

Section 6. Substantial evidence. - In cases filed before


administrative or quasi-judicial bodies, a fact may be deemed
established if it is supported by substantial evidence, or that
amount of relevant evidence which a reasonable mind might
accept as adequate to justify a conclusion. (5)

Section 7. Power of the court to stop further evidence. — The


court may stop the introduction of further testimony upon any
particular point when the evidence upon it is already so full that
more witnesses to the same point cannot be reasonably expected
to be additionally persuasive. This power shall be exercised with
caution. (6a)

Section 8. Evidence on motion. - When a motion is based on


facts not appearing of record, the court may hear the matter on
affidavits or depositions presented by the respective parties, but
the court may direct that the matter be heard wholly or partly on
oral testimony or depositions. (7)

You might also like