The reading of selected contents of a document may be prevented based on the concept that“the best evidence is the document itself.” If the court nonetheless allows the reading of theselected parts, the other party may also move to have the significant parts of the document read.Under Sec. 40, Rule 132 of the Rules of Court (ROC), evidence not admitted by the courtmay still be put on record. Called
Tender of Excluded Evidence
, this remedy is available to the party offering said evidence. The rationale is to give the higher courts the chance to study whether the non-admission of said evidence was improper.
The journalist’s role in reporting what happened in the courtroom is important.
Keenly follow the proceedings by listening to the arguments in order to knowthe following:
Which evidence was admitted and made part of court records
The nature of the testimony
Understand the reason a testimony and/or a piece of evidence is being blocked by the other party
Criminal trials are usually public; reporting matters that were blocked from or put on record is part of truthful or factual reporting not covered by the
Coverage of court proceedings should extend all the way up to the highest courtof the land, especially since decisions of the Supreme Court (SC) become partof the law of the land pursuant to Art. 8 of the New Civil Code.
Philippine Criminal Law
The Philippine legal system may be considered a hybrid, as it is influenced by elements of Roman civil law from Spain, Anglo-American common law introduced by the United States, andthe customs of Philippine ethnic minorities.Among the primary characteristics that influence Philippine Criminal Law are:1.“No law, no crime”2.Territorial jurisdiction3.Proof beyond reasonable doubt
Parties in a case
In criminal cases, there are usually three parties:
The State – it is affected because every crime is a threat to the peace and order of society; this is why criminal cases are generally titled “
People of the Philippinesversus
The Victim – also known as the private complainant who was directly injured or affected by the crime3.The Accused
Philippine Criminal Proceedings 2