Professional Documents
Culture Documents
Falsus in uno vs. Falsus in Omnibus means false in one thing, false in everything
*interpretation is not strict
*While the witnesses may differ in their recollections of an incident, it does not necessarily
follow from their disagreements that all of them should be disbelieved as liars and their
testimonies completely discarded. It is not a positive rule of law. The witness must have a
conscious and deliberate intention to falsify a material point.
2.
a.
b.
3.
4.
a.
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.
c.
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?
1.
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;
2.
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
3.
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
4.
When the original is a public record in the custody of a public officer or is recorded in a
public office.
1.
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 Precludes the admission of other evidence to
evidence if the original document is prove the terms of a document other than
available.
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 Can be invoked only by the parties to the
action whether or not said litigant is a party document and their successors in interest.
to the document involved.
Applies only to written contracts and wills.
4. Applies to all forms of writing
5.
a.
b.
c.
d.
6.
1)
2)
3)
After the foundational requirement for the introduction of secondary evidence have been
complied with, secondarily evidence may now be presented as in the case of loss. This mean
that the contents of the document may now be proven by
a copy of the document a recital of its contents in some authentic document
By testimony of a witness in the order stated (Sec. 5 Rule 130)
7.
a.
8.
d.
2)
a.
b.
c.
d.
9.
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.
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:
The principal act to be characterized must be equivocal (clear need not be explained);
The equivocal act must be material to the issue;
The statement must accompany the equivocal act;
The statement gives a legal significance to the equivocal act
Exceptions to the hearsay rule, are all hearsay, but are admissible Sec. 36 of Rule
130 ex. Which of the following is hearsay?
Hearsay
Opinion
vs.
Hearsay evidence is one that is not based on An opinion evidence is based on the
ones personal knowledge of others to prove personal knowledge or personal conclusion
the truth of the matter asserted in an out-or- of the witness based on his skill, training, or
court
experience.
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)
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)
Elements
The same must be made by a party to the case
The admission must be made in the course of the proceedings in the same case, and
There is no particular form for an admission, it may either be written or verbal.
Judicial Admissions may be made in
Pleadings filed by the parties,
In the course of trial either verbal or written manifestations or stipulations
In other stages of judicial proceedings as in the pre trial of the case
Admissions obtained through depositions, written interrogatories or requests for admissions.
1. It was made through palpable mistake or 2. That no such admission was made.
Applies
only
to
confidential
communications between the spouses
The married person is on the stand but
the objection of privilege is raised when
confidential marital communication is
inquired into.