Professional Documents
Culture Documents
Evidence Pointers
Evidence Pointers
a.
b.
3.
4.
a.
c.
1.
1.
2.
3.
4.
ii. When the original is in the custody or under the control of the party against whom the evidence is
offered, and the latter fails to produce it after reasonable notice;
iii. When the original consists of numerous accounts or other documents which cannot be examined in
court without great loss of time and the fact sought to be established from them is only the general result
of the whole
iv. When the original is a public record in the custody of a public officer or is recorded in a public office.
*Involves only the contents of a writing. The rule cannot be invoked unless the contents of a writing is the
subject of judicial inquiry, in such case; the best evidence is the original writing itself.
*Where the issue is the execution or existence of the document or the circumstances surrounding its
execution, the best evidence rule does not apply and the testimonial evidence is admissible.
*Where the issue is only as to whether such document was actually executed, or exists, or on the
circumstance relevant to or surrounding its execution, the best evidence rule does not apply and
testimonial evidence is admissible.
*The best evidence rule applies only when the purpose is to establish the terms of a writing. When the
evidence introduced concerns some external facet about a writing like its existence, execution or delivery
without reference to its terms, the rule cannot be invoked. The subject of inquiry under the best evidence
rule it the CONTENTS of a writing, NOT THE TRUTH thereof. Where the truth is in issue, the hearsay rule
will now be involved.
Illustrative applications
i. 1994 Bar At the trial of ace for the violation of the Dangerous Drugs Act, the prosecution offers in
evidence a photocopy of the marked bills used in the buy-bust operation. Ace objects to the introduction
of the photocopy on the ground that the Best Evidence Rule prohibits the introduction of secondary
evidence in lieu of the original is the photocopy admissible in evidence?
Yes, the photocopy of the bills being object evidence is admissible in evidence without violation of the
best evidence rule. The rule applies only to documentary evidence and not to object evidence.
*The reason for the best evidence rule is the prevention and detection of fraud.
*The best evidence rule may be waived if not raised in the trial
*If the original be presented in evidence
1) Find a legal excuse for failure 2) present secondary evidence
If secondary evidence is to be offered in evidence, like a copy, the proponent has to lay the basis for the
admission of the copy of the document.
Excuses for not presenting the original
When the original has been lost or destroyed or cannot be produced in court, without bad faith on the
part of the offeror;
When the original is in the custody or under the control of the party against whom the evidence is offered
and the latter fails to produce it after reasonable notice
When the original consists of numerous accounts or other documents cannot be examined in court
without great loss of time and the fact sought to be establish is only the general result of the whole; and
When the original is a public record in the custody of a public officer or is recorded in a public office.
*How to lay the basis for presenting secondary evidence:
a) The offeror must prove the execution and existence of the original document;
b) The offeror must show the cause of its unavailability
Loss, destruction, or unavailability
c) The offeror must show that the unavailability was not due to his bad faith
Correct order of proof is as follows Existence, execution, loss, and contents.
Due execution and authenticity of the document must be proved either: a) by anyone who saw the
document executed or written, or by evidence of the genuiness of the signature or handwriting of the
maker.
When original is in the custody or control of the adverse party:
Laying the basis requires:
a. The original exists.
b. That the said document is under the custody or control of the adverse party;
c. That the proponent of secondary evidence has given the adverse party reasonable notice to produce the
original document
d. That the adverse party failed to produce the original document despite the reasonable notice.
*Waiver: Failure to object to the parole evidence presented by the adverse party operates as a waiver of
the protection of the rule.
* The loan may be proved by the photocopy as long as A lays the basis for the introduction of secondary
evidence, to wit: a) the existence and due execution of the original, and b) the loss of the original without
bad faith on his part. (Sec. 5, Rule 130)
Distinction between Best Evidence and parol Evidence
Best Evidence Rule
Parol Evidence Rule
1. Establishes a preference for the original
Presupposes the original is available
document over secondary evidence thereof.
2. Precludes the admission of secondary evidence if Precludes the admission of other evidence to prove
the original document is available.
the terms of a document other than the contents of
the document itself for the purpose of varying the
terms of the writing.
3. Can be invoked by any litigant to an action
Can be invoked only by the parties to the document
whether or not said litigant is a party to the
and their successors in interest.
document involved.
4.
Applies to all forms of writing
Applies only to written contracts and wills.
5.
6.
Testimonial Evidence Adverse party Read Sec. 6. Loss, Destroyed, Unavailable Originals (Sec 5)
*Showing that the original document is in the custody or under the control of the adverse party does not
ipso facto authorize the introduction of secondary evidence to prove its contents. The party who seeks to
present secondary evidence must lay a basis for its introduction.
Laying the basis:
1)
2)
3)
8.
*If the declarant survives HIS DECLARATION MAY BE ADMISSIBLE AS PART OF THE RES GESTAE.
*The former rule embodied in Supreme Court decisions, which declared that a dying declaration is offered
in a criminal case for homicide, murder, or parricide wherein the declarant is the victim, no longer holds
true. As amended
Parts of the Res Gestae
Literally means things done. Res Gestae is the startling event of which the spontaneous
statement is only a part of.
The use of res Gestae in the Philippines is limited to two matters:
1) Spontaneous statements
a. That there is a startling occurrence taking place;
b. That statements were made while the event is taking place or immediately prior to or subsequent thereto;
c. The statements were made before the declarant had the time to contrive or devise a falsehood
d. That the statement relates to the circumstances of the startling even or occurrence, or that the statements
must concern the occurrence in question and its immediate attending circumstance.
2) Verbal acts Statement accompanying an equivocal act material to the issue, and giving it a legal
significance a conduct that is equivocal or ambiguous, one which in itself does not signify anything
when taken separately (legal significance) To be admissible, the following requisites must be present:
a. The principal act to be characterized must be equivocal (clear need not be explained);
b. The equivocal act must be material to the issue;
c. The statement must accompany the equivocal act;
d. The statement gives a legal significance to the equivocal act
9.
Exceptions to the hearsay rule, are all hearsay, but are admissible Sec. 36 of Rule 130 ex.
Which of the following is hearsay?
Hearsay
vs. Opinion
Hearsay evidence is one that is not based on ones An opinion evidence is based on the
personal knowledge of others to prove the truth of personal knowledge or personal conclusion
the matter asserted in an out-or-court
of the witness based on his skill, training, or
experience.
d.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
Words offered to prove hearers reaction are admissible when they are offered to show their effect on
one whose conduct is at issue.
Independent relevant statement: The newspaper clipping is admissible as non-hearsay if offered for the
purpose of showing that the statement of X was made to a reporter regardless of the truth or falsityof the
statement. If it is relevant, it is admissible as an independent relevant statement (non hearsay) It would be
hearsay if offered to prove the truth that x was the robber.
Exception to the Hearsay Rule:
Dying Declarations
Declaration against interest
Act or declaration about pedigree
Family reputation or tradition regarding pedigree
Common reputation
Parts of the res Gestae
Entries in the course of business
Entries in official records
Commercial lists
Learned treatises
Testimony or deposition at a former trial
Dying Declarations
*must be impending, near, and certain.
Declaration about pedigree
*The declaration about pedigree may be received in evidence if the relationship is shown by evidence
other than the declaration. The word pedigree includes relationship, family genealogy, birth, marriage,
death, the dates when and the places where these facts occurred, and the names of the relatives. It also
embraces facts of family history intimately connected with pedigree.
a)
b)
c)
d)
e)
f)
Common reputation
While common reputation in the community may establish a matter of public or general interest, marriage
or moral character, it CANNOT establish pedigree. This is established by reputation in the family and not
in the community.
Commercial Lists and the Like
Must be made by persons engaged in that occupation and are generally used and relied upon by them
and those lists and reports are published.
Learned Treaties.
History books, published finding of scientists fall within this exception IF the subject testifies to the
expertise of the writer of if the court takes judicial notice of such fact.
Testimony or Deposition at a Former Proceeding.
The testimony is one given in a former case or proceeding or administrative, involving the same parties
and the same subject matter. The testimony was given by one who is now dead or unable to testify. Said
testimony may be given in evidence against the adverse party provided the latter had the opportunity to
cross-examine the witness who gave the previous testimony.
Waiver
The rules of evidence may be waived. The rules are established for the protection of the parties. Except if
the rule waived by the parties has been established by law on grounds of public policy.
1)
2)
3)
4)
5)
1)
2)
3)
1)
2)
3)
4)
1. It was made through palpable mistake or 2. That no such admission was made.
Parol evidence would not be objected if the ambiguity was put in issue in the pleadings
Laying the basis for the offer of a photocopy of a contract. Originals
Expert testimony of a promissory note
Credibility defined refers to worthiness of belief.
Chain of custody
When may an ordinary witness testify as to his opinion?
When may parol evidence be allowed?
How do you lay the basis for introduction of secondary evidence when a) original is lost b) ht original is in
the custdy of the adverse party.
How to impeach testimony of a witness, definition