Where several extrajudicial confessions had been made by several persons charged

1. Define Evidence with the same offense and without the possibility of collusion among them, the fact
a. Evidence is the means, sanctioned by these rules, to ascertain, in a that the statements are in all respects identical is confirmatory of the confessions of
judicial proceeding, the truth respecting a matter of fact. the co-defendants and are admissible against the persons implicated
therein...interlocking confessions are exceptions to the hearsay rule and to the res
2. Enumerate the requisites of admissibility of evidence ibter alios acta rule. (Handbook on Evidence, Agpalo (2003), p. 168.)
a. The evidence is relevant
b. The evidence is not excluded by the rules 8. Kinds of cases where judicial pleadings are not allowed. (judgment on the
3. Define Factum Probandum
a. The fact or proposition to be established or fact to be proved Answer:

4. Enumerate the exception to the hearsay rule (p 361 Riano.2009) a) Annulment cases
a. Dying declaration b) Legal Separation cases
b. Act or declaration against interest
c. Act or declaration against pedigree
d. Family reputation or tradition regarding pedigree
e. Common reputation
f. Part of the res gestae
g. Entries in the course of business
h. Entries in official records
While there is no exact standard fixing the qualifications of an expert witness, such a
i. Commercial lists and the like
witness will be deemed qualified if, and only if, he possesses special skill or
j. Learned treaties
knowledge respecting the matter involved so superior to that of men in general as to
k. Testimony or depositions at a former trial.
make his formation of a judgment a fact of probative value. It is not necessary that he
should be infallible or possess the highest degree of skill or knowledge.
5. What is
a. clear and convincing evidence
Generally, any person who by study or experience has acquired particular knowledge
i. if it produces in the mind of the trier of fact a FIRM BELIEF or
or experience may be allowed to give in evidence his opinion upon matters of
CONVICTION as to the allegations sought be established. This is
technical knowledge relating to such business or employment. (Francisco, p.351)
more than preponderance of evidence.
b. Preponderance of evidence
It must be shown that the witness is really an expert; determination of his
i. Superior weight of evidence
competency is a preliminary. An expert witness must have made the subject upon
c. proof of guild beyond reasonable doubt
which he gives his opinion on a matter of a particular study, practice or observation,
i. moral certainty is required or that degree of proof which
and he must have a particular and special knowledge on the subject.
produces convictions in an unprejudiced mind.
It is a form of denial which at the same time involves an affirmative implication
Those accompanying the fact in issue and pointing to it, such as: favorable to the opposing party.
a) Alibi- weakest defense; the accused must show not only that he was
somewhere else when the crime was committed but likewise demonstrate A denial implying its affirmative opposite by seeming to deny only a qualification of
that it was physically impossible for him to have been at the scene of the the allegation and not the allegation itself. (Black's Law Dictionary, 8th ed., p. 1061)
crime at the time of its commission.
b) Opportunity- if the accused was the only one who has the opportunity to do A negative statement which contains an affirmative implication. (Sibal, Philippine
the act charged, such circumstance may be taken against him. Exclusive Legal Dictionary,(1986), p. 604)
opportunity, however, is not essential. It is enough that the person charged
had an opportunity to do the act.
c) Incompatibility- when the concomitant circumstances are incompatible with 11. RIGHTS PROVIDED UNDER THE CONSTITUTION THAT EXCLUDES
the doing of an act by a person, they may be proved to show that such EVIDENCE:
person is not the author of the act.

Section 2. The right of the people to be secure in their persons, houses,
Answer: papers, and effects against unreasonable searches and seizures of whatever nature
and for any purpose shall be inviolable, and no search warrant or warrant of arrest

owed a debt to a third person is admissible. Define Ultimate Facts. Q2. though such declarant is a stranger to the suit. while the present exception refers must be declaration against interest. The adverse party’s custody or control of the original document.  Direct Examination by the Proponent. Disputable presumptions. (e)That evidence willfully suppressed would be adverse if produced.  Re-cross-examination by the Opponent (Rule 132. Men do not falsely admit debts against themselves. 4). Francisco] A: In order that the contents of the original document in the possession of the adverse party may be proved by secondary evidence. (2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding. 13. [P. after examination under oath or affirmation of the complainant and the witnesses he  Marriage Certificate. the following facts must be shown by the party offering the secondary evidence: Section 3. These rights cannot be waived except in writing and in the Thus. If the admitter and those identified with him in legal interest while a declaration against person cannot afford the services of counsel. sec. or any other means which vitiate the free will shall be used against him. Failure or refusal by the adverse party to produce it in court. “GENUINENESS AND DUE EXECUTION OF A DOCUMENT” (b)That an unlawful act was done with an unlawful intent. Secret detention places. and particularly describing the place to be searched and the persons or things to be seized. Section 3] (3) Any confession or admission obtained in violation of this or Section 17 A: Sec. may produce. force. — The following presumptions are hereof shall be inadmissible in evidence against him. EXAMPLES OF A PUBLIC DOCUMENT 18. 3 . in that (a) the admission is not necessarily against the Section 12. determinate.the principal. (2) No torture. threat. Francisco] A: A declaration of a deceased person against his interest must be distinguished from admission. intimidation. Requisites for the admissibility of (secondary) evidence when the original is in the custody of the adverse party. Admission vs Declaration against Interest. 79. [P. b. Deed of Sale of a A: Ultimate Facts . he must be provided with interest is admissible against third persons. d. 274. violence. counterfeit. It means nothing more than that the instrument is not spurious. solitary. incommunicado. (c)That a person intends the ordinary consequences of his voluntary act. existence of which the plaintiff’s cause of action rests. and it is this presumption which induces the law to admit such a declaration. No person shall be compelled to be a witness against himself.  Notarized Documents: Deed of Sale of a Parcel of Land. (a)That a person is innocent of crime or wrong.  Re-direct examination by the Proponent. ORDER in the EXAMINATION OF AN INDIVIDUAL WITNESS: (d)That a person takes ordinary care of his concerns. one. as c. refer to Rule 131. (b) an admission may be used although the (1) Any person under investigation for the commission of an offense shall admitter is still alive while the present exception refers to a declaration against have the right to be informed of his right to remain silent and to have interest of a deceased person. 15. prescribed by law. Satisfactory proof of its existence.  Cross-examination by the Opponent. or of different import on its face from the one executed. 14. It does not refer to the details  Baptismal Certificate. Q2. 12. [For a complete list. a. but may be contradicted and overcome by other evidence: Section 17. 16.shall issue except upon probable cause to be determined personally by the judge  Death Certificate. . Name 5 disputable presumptions. or when public safety or order requires otherwise.xxx satisfactory if uncontradicted. and (c) an admission may be used only against the competent and independent counsel preferably of his own choice. That reasonable notice was given to the adverse party who has the custody (1) The privacy of communication and correspondence shall be inviolable except upon or control of the document. 17. it has been held that the declaration of a deceased person the he presence of counsel. lawful order of the court. or other similar forms of detention are prohibited. interest of the person who made the admission. and constitutive facts upon the Condo Unit.

Petitioner’s Accused-appellant broaches the view that SA Isidoro’s failure to mark the confiscated silence on this and other related suggestions can be taken as an admission by him. – The bad faith on his part. — When the original SECTION 21. or cannot be produced in court. Exceptions That Evidence is Not Necessary to be Presented in a Factual To be able to create a first link in the chain of custody. Define the Doctrine of Adoptive Admission officer/team. Thus. a presented as in the case of its loss. c. question 6) enter the chain and are eventually the ones offered in evidence – should be done (1) in the presence of the apprehended violator (2) immediately upon confiscation. what is required is that Issue the marking be made in the presence of the accused and upon immediate a. 2001) People v. however. secondary evidence may be items were confiscated and/or seized. or by a recital of its contents PDEA shall take charge and have custody of all dangerous drugs. Executive Secretary Angara had to ask Senate President Pimentel to advise petitioner As we held in People v. (a) The apprehending officer/team having initial custody and control of the drugs — If the document is in the custody or under the control of adverse party. seized and/or surrendered. b. 22.of probative matter or particulars of evidence by which these material elements are public official who shall be required to sign the copies of the inventory and be given a to be established. the offeror. he fails to produce the document. and any elected . 9165 and its implementing rule do not expressly specify is the matter of “marking” of the seized items in warrantless seizures to ensure that the evidence seized upon apprehension is the same evidence subjected to inventory 21.e. Instruments/Paraphernalia and/or Laboratory Equipment. physically inventory and have reasonable notice to produce it. non-binding on him. confiscation. that non-compliance 19. the suggested option but simply said he could never leave the country. Evidence is not also required on matters of judicial notice and on matters judicially Gum-Oyen. 21(1). The argument overlooks the doctrine disposition of seized dangerous drugs) of adoptive admission. Evidence may be dispensed with by agreement of the parties. testimony that included the marking of the seized items at the police admitted. testimony about a perfect chain is not always the to consider the option of “dignified exit or resignation. explains that RA 9165 does not specify a time frame for “immediate marking. “Immediate confiscation” has no exact definition. for proper disposition in the following manner: Section 6. April 3. Nos.A. Thus. i. the the rules on chain of custody. or by the testimony of witnesses in the order stated.. vicariously is that arising from the ratification or adoption by the party of the The failure to strictly comply with Sec. with these requirements under justifiable grounds. Desierto. in People v. as well as (4a) instruments/paraphernalia and/or laboratory equipment so confiscated. plant sources of in some authentic document. Dangerous Drugs. page 3) Answer: Rule 130 Sections 5. (Implementing Rules and Regulations of RA 9165 on the handling and (Estrada). Sanchez. immediately after seizure and confiscation. or at the nearest police station or at the nearest office of the apprehending officer/team. Controlled Precursors and upon proof of its execution or existence and the cause of its unavailability without Essential Chemicals. shabu immediately after seizure creates a reasonable doubt as to the drug’s identity. No. When original document is in adverse party's custody or control. An adoptive admission is a party’s reaction to a Jurisprudence: statement or action by another person when it is reasonable to treat the The Court elaborated in this wise: party’s reaction as an admission of something stated or implied by the Jurisprudence tells us that the failure to immediately mark seized drugs will not other person. [UP Law (Remedial Law) Reviewer] copy thereof. 2009 edition. however. in case of warrantless seizures. further. Provided.6 & 7 ( those in bold letters suffice ) #23 CHAIN OF CUSTODY RULE Answer: Section 21 or RA 9165 ( can also be found in Riano p149 ) Section 5. Custody and Disposition of Confiscated. as long as the integrity and evidentiary value of the seized items are properly preserved by the apprehending 20. Exceptions To the Rule that an Evidence Can Be Waived and photography when these activities are undertaken at the police station rather If the rule of evidence waived by the parties has been established by law on than at the place of arrest. may prove its contents by a copy. he must shall. dangerous drugs. argued that the Angara Diary is not the diary of the petitioner items x x x. Marking upon immediate confiscation contemplates following answers are included: even marking at the nearest police station or office of the apprehending team. II of RA 9165 does not necessarily statements which the other person had made. (Francisco. (Estrada v. station and in the presence of the accused was sufficient in showing compliance with If the question is general. When is Evidence Not Required. determination of the guilt or innocence of the accused. Provided.” To use the blunt language of Mueller render an accused’s arrest illegal or the items seized or confiscated from him and Kirkpatrick. the waiver of the privilege the “marking” of the seized items – to truly ensure that they are the same items that against the disclosure of state secrets is void.R. G. shall not render void and invalid such seizures of and custody over said It is. If after such notice and after satisfactory proof photograph the same in the presence of the accused or the person/s from whom such of its existence. Plant Sources of Dangerous Drugs.” Petitioner did not object to standard because it is almost always impossible to obtain an unbroken chain. (5a) representative from the media and the Department of Justice (DOJ). page 9. the options of the petitioner started to dwindle when the armed the evidentiary value of the seized items. controlled precursors and essential chemicals. Consistency with the “chain of custody” rule requires that grounds of public policy. Seized and/or Surrendered document has been lost or destroyed. Jones explains that the “basis for admissibility of admissions made automatically impair the integrity of chain of custody. What is of utmost importance is the preservation of the integrity and In the Angara Diary. Where no factual issue exists such as when the case only presents questions of law d. Art. hence. 146710-15.” or where said marking should be done: What Section 21 of R. that the physical inventory and photograph shall be conducted at the place where the search warrant is served.” inadmissible. When original document is unavailable. When the pleadings in a civil case do not tender an issue of fact #24 (3 kinds of secondary evidences) (Riano. “this process of attribution is not mumbo jumbo but common sense. Accordingly. the waiver is void. Cortez. whichever is practicable. then. as these would be utilized in the forces withdrew its support from him as President and commander-in-chief. or his/her representative or counsel.

2 Story.g. fingerprints. — When the terms of an agreement have been reduced to writing. flight. (Broom. Francisco (1996)) Answer: A court may take judicial notice of the following. the claim to present similar inadmissible facts would be untenable since his rule. and 3. for the purpose of negativing or (d) The existence of other terms agreed to by the parties or their examining or otherwise counteracting it. 30.those accompanying the fact in issue and pointing to it (e. in several cases the Supreme Court admitted exceptions to the general instance. (2a) opportunity.those succeeding the fact in issue but pointing backward to it (e.Fed. In the course of the trial A or property introduces evidence showing that B swindled C. No.g.e. 189. The common reputation must have been ancient. its contents may be proved by a certified copy issued by the public 2. officer in custody thereof. this should not 4. 2006 instrument (Inst 2. Answer: Where an inadmissible fact has been offered by one party and received (c) The validity of the written agreement. Mere false description does not make 27: requisites for the rule in marital disqualification an instrument inoperative. Francisco (1996)) (a) An intrinsic ambiguity. 11 Mees.those preceeding the fact in issue but pointing forward to When the original of document is in the custody of public officer or is recorded in a it (e. In fairness to B. 133750 November 29.Section 7. (Fransisco. *It must be noted that the exceptions were applied on a case to case basis. 2. Smith. 1999 Answer: False designation.874. or without objection. 6 Term. 153414 June 27. Application of the general rule will result in outright deprivation of client’s liberty supplied by A. When the negligence of counsel is so gross. offer a fact similarly inadmissible. 29: enumerate and define the 3 kinds of collateral matters . Prospectant/antecedent . motive. to wit. B now offers to explain that suffered by reason of the lawyer’s gross negligence.thae facts must be of public or general interest and more than 30 yrs old and within the hearing or observation of a party who does or says nothing when the 2. Max. False descriptiondoes not injure or vitiate. 1991 constat. 32 of Rule 130. 94457 March 18. A sues B for the latter's alleged refusal to pay for merchandise 2.i. 670. the negligence of the counsel is considered as the negligence of the client.R. 28: requisites for common reputation Answer: According to Sec.R. Evidence of written agreements. bloodstains) (Page 364. 20. objection would save him. incompatibility) 3. 32: Define Falsa Demonstration Non Nocet *Example of cases where exceptions were applied: G. he entered into a fair and honest transaction with C. either spouse must be a party to the case (Page 129. 1. cam de corpore (persona) G. depending on the factual circumstances which surrounded the respective client’s milieu. a position to have some sources of information and to contibute intelligently to the formation of the opinion 34: What matters/facts are subject to discretionary of judicial notice? 4. are: However. & W. evidence was offered. B denies having received the merchandise. no evidence of The general classes of declaration to which the terms res gestae is usually applied such terms other than the contents of the written agreement. Concomitant . verbal acts (Page 305. may be given in evidence against him. such fact successors in interest after the execution of the written agreement. San #25 Exceptions to the Parole Evidence Rule Beda Remedial Reviewer (2012)) Answer: Rule 130 Sec 9 ( exceptions are those in bold letter ) Section 9. a third person. explain or add to the terms of 1. #26 When a client is not bound by the actions of his counsel Answer: If the opponent made a timely objection at the time the inadmissible As a rule. Cas. the client is deprived of due process Thus. No. An act or declaration made in the presence 1. mistake or imperfection in the written agreement. pg. conspiracy) public office. Where the interest of justice so requires. 31: Define Curative Admissibility of Evidence (b) The failure of the written agreement to express the true intent and agreement of the parties thereto. — 1. concealment. Francisco (1996)) 33: Define Qui Tacet Consitere Videtur. moral character. 30 yrs or 1 generation old act or decaration is such as naturally to call for action or comment if not true. erroneous description of a person or thing in a written G. No. Evidence admissible when original document is a public record. No. 12.) 2. on a similar 3. and accord relief to the client who transaction before. between the parties and their successors in interest. and the opponents afterwards. The common reputation must have been existing previous to the contoversy (Page 297.) Falsa demonstratio non nocet. it is considered as containing all the terms agreed upon 30: what are the 2 rules governing res gestae and there can be. 629.R. This should not have been admitted. Spouses are legally married Cleaveland v. from any harm which may accrue. is admissible if it serves to remove an unfair effect upon the court which might otherwise ensue from the original fact.) client is deprived of his day in court.. on appeal. and his objection was erroneously overruled in the forst However. The reputation must have been one formed among a class of persons who were in when proper and possible for him to do so. reckless and inexcusable that the be admitted. a party may present evidence to modify. alibi. 291.g. 1. spontaneous statements written agreement if he puts in issue in his pleading: 2. Retrospectant/subsequent . provided the thing or person intended has once been sufficiently described.

the courts may take judicial notice of the existence and 36: What is the difference between Admission and Declaration of Interest location within the territory over which they exercise jurisdiction of great rivers and 1. that the accused shall enjoy the right of being confronted with the witnesses judicial knowledge of facts is measured by general knowledge of the same facts. the court is without fact is said to be generally recognized or known when its existence or operation is opportunity to test the credibility of hearsay statements by observing the demeanor accepted by the public without qualification or contention. In criminal cases.cornell. geography. is clearly hearsay evidence. on the competency and credibility of some persons other than the witness by  More popularly known as the Doctrine of the Fruit of the Poisonous Tree.More realistically. most of the facts. . must be suppressed. ed) p. a presumption vanishes upon the their judicial functions and may be judicially recognized by them without the introduction of evidence which would support a finding of the nonexistence introduction of proof. An admission is admissible only against the party making the admission. even during trial. which would not have come to light but for Another definition is: “the evidence not of what the witness knows himself but of what he has heard from others. as a matter of general knowledge. An admission is made at any time. Thus. (a) Matters of public knowledge. among other Spanish legislation. claim or defense and need not be against one’s pecuniary or moral (b) Matters capable of unquestionable demonstration. and yet. in issue necessary to establish his claim or defense by the amount of Hearsay evidence is inadmissible according to the general rule. statistical facts and other fields of professional and scientific knowledge. rule. pg.The matter of which a court will take admission of hearsay evidence would be a violation of the constitutional provision judicial notice must be a subject of common and general knowledge. Moreover. 409] and is in fact. It was held that as the Spanish Civil Code has been and still is “the basic code in force in the Philippines. stating that in accordance with articles 17 and 25 of the Spanish Civil served its purpose—is no longer operative and the issue is determined on Code. the presumption—having Philippines. the declarant must be dead or unable to testify The presumption of general knowledge weakens as we pass to smaller and less 2. whereas. It is otherwise if the purpose of placing the statement in the 39: Difference between Burden of Proof and Burden of Evidence record is merely to establish the fact that the statement was made or the tenor of  Burden of proof is the obligation of a party to present evidence on the facts such statement.  The Bursting Bubble Theory. 23. whereas. also known as the Thayerian Theory. The effect of Spain. rule postulates that all evidence. In this realm fall 5. alive and is in court. . An admission is admissible as long as it is inconsistent with his present thereof. An admission is admitted even if the person making the admission is lakes. pg. [SOURCE: San Beda Reviewer] thereof may be regarded as matters known to judges of the Philippines by reason of  Under the Bursting Bubble Theory. Article 17 provides that foreigners who have obtained a cerificate of this rule is to continue the burden of persuasion on him who initially had the naturalization and those who have not obtained such certificate but have acquired benefit of the presumption. if desired. and conclusions which have come to be established and whereas a declaration against interest is an exception to the hearsay accepted by the specialists in the areas of natural science. essential in the administration of justice to discover the falsity of 40: What are the instances when the rule on survivor’s disqualification is testimony and prevent the admission of perjured testimony. this whom it is sought to produce it. An admission is not. natural phenomena. a declaration against interest is made against one’s we have here an important extension of judicial notice to the new field of facts pecuniary or moral interest “capable of such instant and unquestionable demonstration. 37: What is the Bursting Bubble Theory? (c) Matters ought to be known to judges because of their judicial functions. posits that In a case appilcant introduced a certificate signed by the Consul General of Spain the when opposing evidence comes into the case. [SOURCE: Riano (2009 ed) p.) sufficient notoriety attaches to the fact involved as to make it proper to assume its existence without proof. to be admitted as a declaration against constituting highways of commerce and other notorious facts concerning the same. the presumption does not shift domicile in any town of the Monarchy are Spaniards. since the declarant is not present and available for cross-examination. that no party 4. 116] chronology.” as variously stated. theories. The presumption against him (Bautista v. and is admissible not as an exception to any rule. This right is not available waived? in respect of hearsay since the declarant is not in court. (Fransisco. Filipinos are eligible to Spanish citizenship in the evidence just as though no presumption had ever existed. The test is whether of the person who made them. (Fransisco.edu/rules/fre/rule_301] Answer: Evidence is called hearsay when its probative force depends in whole or in 38: What is the But-for Test? part. In other words. the  The Survivor Disqualification Rule (Sec. . [Source: San Beda The testimony of a witness regarding a statement made by another Reviewer] person. interest. technology. 244-245. interest. therefore take judicial knowledge 3. if intended to etablish the truth of the facts asserted in the statement. while a declaration known streams.” the illegal action of the police. [SOURCE: 35: Theory of Hearsay Rule http://www. would think of imposing a falsity on the tribunal in the face of an intelligent while a declaration against interest is admissible even against third adversary” or “capable of immediate and accurate demonstration by resort to easily persons accessible sources of indisptable accuracy. 26) of the presumed fact. of the navigability of streams. Rule 130) may be waived by: .” articles 17 the burden. [SOURCE: Riano (2009 exercise of the right to cross-examine the witness of the adverse party is regarded as. Burden of evidence is the duty of real basis for the exclusion appears to lie in the fact that hearsay testimony is not a party to go forward with the evidence to overthrow any prima facie subject to the tests which can ordinarily be applied for the ascertainment of the testimony. and their relation to provincial borders. In other words. The courts may. The evidence required by law (Sec. A testifying against and to cross-examine them. 1 Rule 130). within the limits of any country the navigability of a large against interest is made before the controversy arises river ought to be generally known. Sarmiento).law.

In determining whether photographs should be admitted. when ANSWER: Section 24. 250 scra 58) cannot in a civil case. Rule 11. during or after the marriage. the A was not more than necessary. mistake should be alleged and proved by clear and convincing evidence issue. THE HUSBAND OR THE WIFE. A PERSON AUTHORIZED TO PRACTICE MEDICINE. used to eject him. Object Evidence. When is parol evidence admissible for the reformation of a written instrument on the ground of mistake? Facts which are admitted. A. a trial but only when the fact alleged by Facts relevant to the issue are in judge must determine whether they are relevant. A PUBLIC OFFICER cannot be examined during his term of office or CONFIDENCE afterwards. which (a) It shall be presented. and which would 2. SURGERY OR OBSTETRICS with the scene portrayed (Sison v people. OR CLERK be examined. A MINISTER OR PRIEST cannot. the pleadings of the 1. concerning any fact the Some courts insist on requiring the photographer to testify but this view has been knowledge of which has been acquired in such capacity. Offering evidence to rebut the testimony [SOURCE: Riano (2009 d. will be admitted in evidence. Failing to object to the testimony information was necessary to enable him to act in capacity.”what is known need not be proved” on B’s land and B was ejecting him eject him. professional employment. To justify the reformation of a written instrument upon the ground of mistake. and whether a proper foundation the one party is not admitted by the main determined by ordinary has been laid the other party. and its defendant must prove in order to relevant fact. 43. 1. The person who made the recording. It is competent when it is properly the course of. mistake should be one of fact parties must first be looked to for 2. mistake should be mutual or common to both parties to the instrument the purpose of ascertaining the 3. 41. no. refused to leave 45. Rule 130 the court finds that the public interest would suffer by the disclosure. be examined as to Under the Electronic Rules of evidence. STENOGRAPHER. if proved. the consent of the client and his employer. cannot be examined without the consent of the other as to any communication 42. against the other or the latter’s direct descendants or ascendants. civil case by one against the other. PERSONS THAT MAY NOT BE A WITNESS AS TO MATTERS LEARNED IN e.) p. FACT IN ISSUE VS. For instance. be examined as to Photographs of persons. ruling in this respect will not be interfered with. in the example given. or ISSUE) b. FACTS RELEVANT reasonably necessary. facts in issue are that B assaulted A. without who testifies that the photograph faithfully represents what it depicts. expressly ANSWER: or by implication are not in issue. B must when asked and resisted violently prove that A was trespassing and when B attempted to escort him off that no unnecessary force was the property. An ATTORNEY cannot. eroded by the tendency of modern courts to admit as witness one who has familiarity c. 1. B might prove that A with no more force than was was abusive. Some other person competent to testify on the accuracy thereof Those facts which a plaintiff must Those facts which render probable (Sec. defense is that A was trespassing was no more than necessary to Judicial notice is based on the maxim. photographic evidence of events. acts or any advice or treatment given by him or any information which he may have transactions shall be admissible in evidence provided that: acquired in attending such patient in a professional capacity. except upon a clear showing of an establish a defense set up by him. or his advice given thereon in case. Demonstrative Evidence. 264] confession. logic and experience. or with a view to. These facts. that A was a trespasser and B admits the assault. render it more likely that the forced used on If there are no admissions. without the consent of his client. What is a “need not be proved” principle? A must prove the assault. Electronic Rules of Evidence) prove in order to establish his claim the existence or non-existence of a and those facts which the fact in issue. and attorney’s SECRETARY. For example. 3 Photographs b. the To determine the relevancy of the concurrence of three things is necessary: evidence. be examined as to any confession made to or any advice given by him in his professional character in the course of discipline enjoined by the church to which the minister or priest belongs. or some other The admissibility of photographs is within the discretion of the trial court. abuse of discretion. Cross –examining the witness on the prohibited testimony blacken the reputation of the patient. the sole fact at issue is whether the force used was reasonable in the circumstances. If B’s to prove that the force used on A ANSWER: Judicial notice. or in a criminal case committed by one ANSWER: Chapter 4 – Object and Documentary Evidence. 44. 3. the same must be RELEVANT AND COMPETENT. without the consent of the person making the ed. without the consent of the patient. For a still photograph to be admitted. displayed and shown to the court. explained or authenticated by either: FACT IN ISSUE FACTS RELEVANT (TO THE a. and (b) It shall be identified. thing and place when instructive to the understanding of the any communication made by the client to him. REQUISITES FOR A PHOTOGRAPH TO BE ADMISSIBLE AS OBJECT received in confidence by one from the other during the marriage except in a EVIDENCE. as to communications made to him in official confidence. . nor can an authenticated by a witness who is familiar with the scene or person portrayed. if A sues B for assault. a.

(library)] 48. DEFINE CONDITIONAL ADMISSIBILITY OF EVIDENCE the operation of the doctrine of judicial notice. Judicial notice is therefore. Otherwise it would result in disparity of ruling to his prejudice warrant. he should be permitted to contradict it with similar improper default. If it is produced Qua chattel facts. such may be admissible if it satisfies all the requirements prescribed by law for its admissibility for the purpose for which it is presented. as a condition precedent (1) to state the supposed connecting upon the purpose for which the document is tendered. the offering counsel may be required by the court. on the condition that the facts be afterwards proved. In this connection. Source: [Sec. such may be received such a failure does not amount to an admission of the facts alleged in the complaint. Kinds of Admissibility: 1. however. Francisco . p. . Rule 128. Unless otherwise objectionable. not documentary evidence. B. the court shall proceed to receive the plaintiff's evidence and render judgement granting him such relief as the complaint and the facts proven may evidence. declare the defendant in opposing party. and. Thereupon. labor and expense in introducing evidence on matters which are not ordinarily capable of dispute and are not actually bona fide disputed. turn it is object. if a motion show that it exists. provided that the identity of the person with whom the witness was speaking is satisfactorily established. whether it was written on the same type writing machine as and another person is admissible in any case in which a face to face conversation another document. it is treated as real and not as documentary evidence. the court may strike out the evidence thus conditionally admitted. Does failure to answer the complaint amount to judicial admission of the facts alleged therein? for other purposes. CURATIVE – where improper evidence was admitted over the objection of the upon motion of the plaintiff and proof of such failure. the quality of paper for which it is made or the fact that that it is is made by the opposite party. the court shall. connected with other facts to be subsequently proved. or mutilation. then the tombstone is a and a copy of writing may not become competent evidence until the original is document. and the tenor of which can safely be assumed from the tribunal’s general knowledge or from a slight search on its part. and the party is A document may constitute object (real) evidence. a telephone conversation between a witness alteration. Question 8. purposes. What is the object of judicial notice? The object of judicial notice is to save time. whether it contains an alteration. and such stipulations and admissions A. Whether it does so will depend unable to introduce them both at the same moment. for instance simply in order to fulfilled. Thus. Stipulations and admissions of the parties or their counsel cannot prevail over 46. based upon convenience and expediency. but not otherwise. evidence of facts and declarations may not torn. MULTIPLE – where evidence is relevant and competent for 2 or more are all subject to the operation of the doctrine. tomb. But what one is trying to prove is that the tombstone is found on the proven to be lost or destroyed. The generally accepted view. a number of cases seem to regard the witness recognition or identification of the voice of the person with whom he spoke as essential to the admissibility of evidence of a telephone conversation. between a witness and another person would be admissible on evidence.When may a document be offered as object (real) evidence? the relevancy of one depends upon another not yet evidenced. The court may properly receive a document for its inspection real or object evidence to aid it in determining whether it 47. if a tombstone become material or admissible until shown to be those of an agent of the other party is offered an evidence to prove what is written on it. rules of court that judgment be rendered rendered on the pleadings in case of default on the part of the defendant. 49. 2. Proof of identity is most readily afforded by the witnesses’ recognition of the voice of the person with whom he was speaking. even if it does not satisfy the other requisites for its admissibility 50. Similarly. it has been proposed by the revision committee of the (Fighting fire with fire). 12. May stipulations of the parties or their counsel prevail over the operation of the doctrine of judicial notice? No. If the defendant fails to answer within the time specified in the rules. CONDITIONAL – where evidence appears to be immaterial unless it is When a defendant is declared in default for having failed to answer the complaint. 3. 3. indeed. and (2) to promise to evidence them later. is that the identity of the speaker may be established by means other than the recognition of his voice. ARE TELEPHONE CONVERSATIONS ADMISSIBLE ON EVIDENCE? is genuine or written in a counterfeit hand. If a promise thus made is not and without regard to the message which it contains. State the rule regarding conditional admissibility of evidence and illustrate your answer: Where two or more evidentiary facts are so connected under the issues that 51.

and have no means of expressing himself by signs. 58: WHAT IS THE PAROL EVIDENCE RULE?Francisco. What is the best evidence rule? ANSWER: The reason for the rule is that when the parties have reduced their agreement to writing. and the party seeking to introduce the evidence has inspected and taken drugs at the time he is testifying or at the time events in question were copies of the documents. however that loss of the perceptive sense after the occurrence of the fact does not affect the admissibility of the testimony. page 85 . He is capable of perceiving. except in the following cases: specifically mentioned.5) known whether he will do so. 6. ANSWER: That document are subject to the privilege against self. introduce such observed. Section 3. and whatever is not found in the writing must subject of inquiry is the contents of a document. and the latter fails to produce it after reasonable notice. page 80 . Can a person under the influence of drug become a competent witness?- produce without exercising the privilege.20. Rule 130 ANSWER: The so. or cannot be produced in court. in relation to Sec. (d) When the original is a public record in the custody of a public officer or is recorded in a public office. notice to produce which has been given. are privileged from  Drug abuse becomes relevant only if the witness was under the influence of production. written instrument. and B. no evidence shall be admissible be understood to have been waived and abandoned except in cases therein other than the original document itself. other or different terms were orally agreed upon by the which these material elements are to be established parties.  While bias and drug abuse may not be grounds for barring a witness from testifying. The parol evidence rule forbids any addition to or contradiction of the terms of a (a) When the original has been lost or destroyed. It should be noted. Factum probandum Factum probans "ultimate facts" "intermediate facts" Proposition to be established Material evidencing the proposition 62.called “parol evidence” forbids any addition to or contradiction of the terms of a written instrument by testimony purporting to show that.incrimination. Rule 130 cannot be examined in court without great loss of time and the fact sought to be ANSWER: A person is qualified or is competent to be a witness. they may serve as grounds for attacking the credibility of the witness. if established from them is only the general result of the whole. Where the documents. (US v Novo Sampol) secondary evidence on failure of his opponent to produce the writings. for the reviewer on Evidence privilege is merely that the possessor himself shall not furnish incriminating evidence. Riano (No. of the document. notwithstanding the privilege. 57: IS PRACTICE(NOTICE) TO PRODUCE NECESSARY EVEN IF THE DOCUMENT A witness may have been capable of perceiving. He may SOUGHT TO BE PRODUCED IS SUBJECT TO THE PRIVILEGE AGAINST SELF. 60: WHAT ARE THE QUALIFICATIONS OF A WITNESS? Francisco. at or before  does not refer to the details of probative matter or particulars of evidence by the signing. Hypothetical Existent Factum probandum v Factum Probans. have no powers of speech.  proposition to be established. determinate and constitutive facts upon the existence of which the plaintiff’s cause of action rests. he can. for the opponent might choose to 61. Ultimate fact (factum probandum) – and not that others shall not through their own witnesses do so. 1996 ed. necessarily hypothetical The rights of the contracting parties must be measured by the contract which they themselves made. it is presumed that they have made the writing the only Rule 130. Original document must be produced.Francisco (p1).52. and until notice has been given it cannot be p 250. and A.  Drug abuse will not render a person incompetent to testify (US v Behrens).  principal. in (c) When the original consists of numerous accounts or other documents which relation to Sec.incrimination is in itself no excuse for not giving notice to produce. He INCRIMINATION?: Ricardo Francisco Book. yet incapable of narration..  Brought forward as a reality to convince the tribunal that the factum probandum is also real 59: WHAT IS THE REASON OF PAROL EVIDENCE? Francisco. exceptions. the parties cannot be permitted to  facts which are necessary for the determination of the ultimate facts adduce evidence to prove alleged practices which to all purposes would alter the terms of the written agreement. and the Court cannot alter them because they work a hardship. 9. the purpose of the parol evidence rule being to give stability to written (b) When the original is in the custody or under the control of the party against agreements and to remove the temptation and possibility of perjury . may have become insane since the occurrence he is called upon to relate. in relation to Sec. A person Rule 130 incapable of narration is pro tanto incapable of testifying. Whatever is not found in the writing must be  Premises upon which conclusions of ultimate facts are based understood to have been waived and abandoned. page 84. parties. He can make his perception known. — When the repository and memorial of the truth. whom the evidence is offered. page 118. which would be afforded if parol evidence were admissible. Riano (p23) and UP This would not violate the constitutional privilege against self. Oral testimony cannot prevail over a written agreement of the without bad faith on the part of the offeror. Evidentiary facts (factum probans) – When an agreement has been reduced to writing.

Xerox copies and An electronic document shall be regarded as equivalent of an original document telegraphic messages considered as original? under the best evidence rule if it is a printout or output readable by sight or other Ans: means. In such a case. 37 Rule 130 "Dying tendered. Can a tape recording be considered as documentary evidence instead 3. summaries and other materials created especially  but it has also been held that an entry in a diary being in the nature of a for the litigation. The declaration is offered is competent as a witness had he survived. the following requisites must concur: (a) is discovered after trial (b) could not have been discovered and produced at the trial even with the exercise of reasonable diligence. "if a tombstone is offered in evidence to prove what is written on ’the declaration of a dying person. and (d) is of such weight that it would probably change the judgment if admitted 68: When may a document be offered as object evidence? Page 53 Q3 The most important requisite is that the evidence could not have been discovered (Francisco) and produced at the trial even with reasonable diligence. are duplicate originals. If it produced qua chattel and without regard to the message which it declaration. and these have been held to be as much primary evidence as the original. not documentary evidence. and the other need Section 1 of the Rules on Electronic Evidence not be produced. matter of importance in the litigation. 2. by contrast. the term “newly discovered. shown to reflect the data accurately. was written on the same typewriting machine as another document. it is treated as real not documentary evidence. the tape will usually be regarded as a piece of evidence. Requisites of newly discovered evidence. 6.(Riano Crim Pro. For instance. each one of 66: When is an electronic device equivalent to an original document. If the document is executed in duplicate or multiplicate form. the quality of the paper of which it is or the fact that it is torn. Carbon Copies: A carbon copy of a letter is a duplicate original and admissible." evidence of the cause and surrounding circumstances of such death. #70. which is the original? Ans: Where a document is executed in duplicate or multiplicate form. not merely cumulative. A. 63. letter press copies. Whether it does so will depend upon the purpose for which the document is 65: Requisites of a dying declarion. Are Diaries admissible as evidence. is tangible evidence that merely illustrates a As a rule. when made at the same time and on the same machine as the original. Similarly." The court may properly recieve a document for its inspection as real or object evidence to aid it in determining whether it is genuine or written in a Requisites: counterfeit hand. recording is played over in court simply to show that the words used were uttered 5. with a particular accent.  if It was against interest when made. photographs. models. It possesses all the probative value 67: Distinguish Object Evidence vs Demonstrative Page 39 Q4 (Francisco) of the original and the same does not require an accounting for the non- production of the original. Are carbon copies. however. made under the consciousness of an impending it. declaration. Object (real) Evidence is a tangible object that played some actual role in the matter that give to the litigation. The declaration is made by said dying person under a consciousness of his impending death. Page 460 (Riano) Sec. may be received in any case wherein his death is the subject of inquiry. . contains. is admissible. thenthe tombstone is a document. for instance simply in order to show that it exists. 17) Demostrative Evidence. as tombstone is found in tomb. erasure or mutilation.” A document may constitute object evidence. # 69. However if a tape- inquiry. p583. Carbon copies. The declaration is one made by a dying person. Tape-recordings can be considered as documentary evidence if it is 4. #71. Common types of demostrative evidence  unless they have the nature of books of account. 64. each is deemed an original. whether it contains an alteration.Francisco (p182 No. the knife used in the alteration that forms the basis for the lawsuit. includes maos. hence. then it is object. Tadeja v Pp Feb 20. The declaration refers to the cause and circumstances surrounding the death of the of being an object of evidence? declarant and not of anyone else. diagrams. whether it 1. But if what one trying to prove is that the death. (c) is new and material. The declaration is offered in a case where the declarant's death is the suject of played in order to show that particular words were uttered. corroborative or impeaching. Rule 4 the parts is primary evidence of the contents of the document. it is not secondary evidence. The declarant should have died. 2013 ) For a newly discovered evidence to be a justifiable ground for a new trial. Ans: YES. Rule 121 Sec 2. diaries are inadmissible because they are self-serving in nature.

If the fact in issue is the telegram as received. photographic reproductions were produced at a later period in time Privies are persons who are partakers or have an interest in any action or thing. early courts lacked understanding and Yes. Another reason is that they are not produced simultaneously with the 79: Define privies Answer: originals. character and also includes acts. Courts clung to this position for three basic reasons.) . But the most accurate rule is that 81. Third. Answer: after or Self-serving declarations are unsworn statements made by the declarant out of court during the killing and which are favorable to his interests. Photographs and xerox: Photographic copies of writing were. (Riano) against him of the communication he received. common law. 80 Is the admission by silence applicable to civil and criminal cases? Answer: becoming the subject of fraud. and whether the dispatch sent or the dispatch received is the original. if untrue. declaration or committed. as admissible evidence. devisees. but not of the message received at the place of its delivery. Distinguish RES GESTAE and DYING DECLARATION: RES GESTAE – literally means things done. SECTION 1.” Rule 4.Re: Rules on Electronic Evidence. (Black’s Law Dictionary cited by Riano) there was fear that photocopies could easily be tampered with. Admission by an agent (bid. such as “personal representatives.M. Admission by a co-conspirator (Sec. Rule 130) courts is not a duplicate original but merely secondary evidence.31. – An electronic document shall be regarded as RES GESTAE DYING the equivalent of an original document under the Best Evidence Rule if it is a printout DECLARATION or output readable by sight or other means. 78: The rights of a party can not be prejudiced by an act. 30. with notice to the facts. under the property or subject matter. The usual pattern for its admissibility involves a D. #72. would be sufficient sender. Accordingly. statement of A that it is forged. The basis for admitting the above admissions is that the person making the Copies are produced by obtaining repeated ink traces from a single writing statement is under the same circumstances as the person against whom it is so prepared to furnish such traces by pressure or by chemical operation. A may prove a statement by B that the deed is genuine and B may prove a person. the question between A and B OR is whether a certain deed is or is not forged. Privies are those who have mutual or successive relationship to the same right of C. Second. What is/are the exceptions? Answer: 1. (Riano) have generally refused to grant letter press copies the status of duplicates. even in trust in the accuracy of early photographing process. A self-serving declaration is one made by a party in his own interest at some place May precede or Made only after and time out of court and it does not include testimony which he gives as a witness t be the the trial. For example. Original of an electronic document. His failure to speak against the statement is admissible the telegram delivered to the person addressed is primary evidence as as an admission. depends declarations incidental to the main facts or transaction necessary to illustrate its upon the issue to be proved. voluntary grantees or judgment creditors or purchasers from them duplicate originals. offered. criminal or civil. assigns. courts the same motive to make a statement about certain matters. 01-7-01-SC. Letter press copies: A letter press copy as consistently held by the 3. May be made by Can be made only the by 77: What are self-serving declarations? killer himself the victim. common law. heirs. A affirms that it is genuine. or than the original and not by the same impression as the original. facts. E-mail print is considered original. No. and that cause for the party to deny. Such circumstances give him substantially the same interest and Because of repeated failure of this method to properly reproduce. admission of another person. ordinarily considered secondary evidence rather than legatees. any relation to another. sent. B that it is that of a 3rd forged. or declarations which are closely connected the original is the telegram thus received. then the original is thetelegram delivered for transmission. shown to reflect the data accurately. (Francisco) made after the homicidal attack homicidal attack has was been committed. One of the 4. The telegraph office is primary evidence of the message sent as against the statement contains assertions against the party which.” (Francisco) First. but A cannot prove a statement by himself that the deed is genuine not can B prove a statement by himself that the deed is forged. how about e-mail in the monitor? Ans: “A. B. Admission by a co-partner (Sec.29. Rule 130) 2. Telegraph messages: It is usually said that the original paper sent to a statement by a person in the presence of a party to the action. Rule 130) first techniques for accurate mechanical reproduction was the letter press. Admission by privies (Sec. but only secondary evidence of the message that was sent to him. admission by silence has been traditionally received. words.. it includes circumstances. thereby. But if the issue is the telegram as therewith as to constitute part of the transaction.

(b) admission by a co-conspirator (Sec. during or after the marriage. The traditional ground . and 3. The first branch of the rule admits of certain exception. concerning any fact the knowledge of which Justification in Trustworthiness has been acquired in such capacity.one made before a court in which the case is pending and public interest would suffer by the disclosure. A person authorized to practice medicine. Rule 130. EXCEPTIONS: Exceptions to the res inter alios acta rule 1. admission affecting liability for a tort. be examined as to any evidence or the given treatment given by him or any information which he may have acquired in attending statement.an offer of compromise is not an admission of any liability. hospital. when the court finds that the JUDICIAL CONFESSION . EXTRAJUDICIAL CONFESSION: 5. hospital or similar latter’s direct descendants or ascendants expenses occasioned by an injury is not admissible in evidence as proof of civil or 2. Branches The res inter alios acta rule has two branches.is an agreement made between two or more parties as a settlement matters in dispute. Rules of Court) GENERAL RULE (b) The rule that evidence of previous conduct or similar acts at one time is not An offer of compromise is not an admission of any liability and is not admissible in admissible to prove that one did or did not do the same act at another time (Sec. COMPROMISE . Is an offer to pay medical. (c) admission by privies (Sec. an offer of compromise by the accused may be who are not parties to them” (Black’s. the based 3. Offer of compromise not admissible cannot sustain a conviction unless corroborated by evidence of the corpus delicti. without the medical. in awareness of such patient in a professional capacity. An attorney cannot. 85. This section refers to extrajudicial confessions. 31. 4. 29. evidence against an offeror. can sustain a conviction even in capital offenses. Res inter alios acta The expression if fully expressed reads: res inter alios acta alteri nocere non Criminal cases . 84.declaration. Disqualification by reason of privileged communication: 1. 5. An admission of the correctness of an account or of specific items. as to communications made to him in official confidence. OFFER OF COMPROMISE: EXTRAJUDICIAL CONFESSION . cannot be examined 85. or with a view to." A similar provision exist in the Federal Rules of communication made by the client to him. namely: A compromise agreement is valid when the true essence of which resides in reciprocal concessions. 4. or in a criminal case for a crime committed by one against the other or the The rule provides that "an offer to pay or the payment of medical. him to act in that capacity. 28. Evidence. or similar expenses occasioned by the injury. A minister or priest cannot. which information was necessary to enable impending death. 34. or omission or another (Sec. 83. 82.. an express admission of liability made during negotiations for a compromise. without the consent of the patient. and is not admissible in evidence against the offeror. Rule 130). stenographer. The husband or the wife. professional employment. hospital. Exceptions to RES INTER ALIOS ACTA Civil cases . 5th Ed. compromise. to wit: 2. A public officer cannot be examined during his term of office or afterwards. admission involving interest in property. without the consent of his client. be examined as to any advice or treatment given by him or any information which he may have acquired in attending such patient in a professional capacity. be examined as to any criminal liability for the injury. which information was necessary to enable him to act in that capacity.one made in any other place or occasion and Section 27. 30. received in evidence as an implied admission of guilt. (a) The rule that the rights of a party cannot be prejudiced by an act. and which would blacken the reputation of the patient. Most courts exclude evidence of furnishing or offering or promising to pay nor can an attorney’s secretary. surgery or obstetrics cannot in a spontaneity of upon in its being civil case. Rules of Court). in the course of legal proceedings therein and. by itself. and similar expenses occasioned by without the consent of the other as to any communication received in confidence by an injury admissable proof of Civil or Criminal liability for the injury? one from the other during the marriage except in a civil case by one against the other. without the consent of the patient. and which would blacken the reputation of the patient. or clerk be examined. or his advice given thereon in the course of. Rule 132. 1178). Express and unqualified admission of indebtedness accompanying an offer of (a) admission by a co-partner or agent (Sec. Rule 130).except those involving quasioffenses (criminal negligence) or those debet which literally means that “things done to strangers ought not to injure those allowed by law to be compromised. Rule 130. consent of the client and his employer.

but if the original evidence is never connected made is relevant. (People v. having been given somewhere else. and b. Rule 130. Requisites for admissibility of electronic evidence not from the admission of liability. . 51 charged such circumstance may be taken against him. an inferrence may be made as to the existence or non- existence of a fact in issue. 92. or to a fact from C. author of the act. or be circumstantially relevant as to the existence of such fact. a fact may be deemed established if it is supported by substantial evidence. -Evidence by Francisco. Exclusive opportunity is not Character evidence not generally admissible except: essential. The accused may prove his good moral character which is pertinent to the moral doing of an act by a person they may be proved to show that such person is not the trait involved in the offense charged. No. Rule on independent relevant statement. the accused must show that: 1. and 2.R. In Electronic Evidence) this jurisdiction. In Civil Cases. pg. Oct. In Criminal cases Incompatibility . A. -Revised Rules of Court. 90. The introduction of subsequent evidence Where. 2. given in a Alibi . 412-413 Connecting up doctrine is a rule relating to the admissibility of evidence whereby 86. Testimony or desposition of a former proceedings. Evidence of moral character of the party in a civil case is admissible only when 97. In cases filed before administrative or quasi-judicial charged. cross-examined. which. The reason for its admissability. to the case. It was physically impossible for him to be at the scene of the in a former action under a solemn oath. pg 189 Admissibility – An electronic document is admissible in evidence if it complies with An offer to pay or the payment of medical.It is a defense where an accused claims that he was somewhere else at the former case or proceeding. What is substantial evidence? 3. B. hospital or other expenses occasioned by the rules on admissibility prescribed by the Rules of Court and related laws and is authenticated in the manner prescribed by these Rules. judicial or administrative. subject matter.If the accused was the only one who has the opportunity to do the act 88. 1954) the resort to the testimony. The testimony or desposition of a witness deceased or unable to testify. L-6595. 341 Opportunity . -Evidence by Francisco.When the concomitant circumstances are incompatible with the 1." The phrase is used to refer to rendering of voluntary aid to a suffering person. for the statement itself may constitute a fact in issue.. regardless of the truth or the falsity of a statement.al. pg 250 91. Gerones. relevancy vs. Unless in rebuttal. -Evidence by RJ Francisco. sec 14. What is connecting up? -Evidence by Riano. The independent relevant statements may be grouped into two classes: a. evidence is allowed to be conditionally admitted if the offering party promises to show relevance by adducing other evidence. (Rule 3. In the case provided for in Rule 132. pg. the probabilities of truth having been told are so great as to justify 29. bodies. this act of rendering aid is sometimes called the " good samaritan rule. Evidence as to making of such statement is not secondary but primary. He was opportunity to cross-examine him. by the process of logic. where the witness was or might have been crime at the time of its commission. the fact that it has been will “connect up” the earlier evidence. the hearsay rule does not apply but the statement may be shown. sec. et. it will be disregarded by the factfinder. the prosecution may not prove his bad moral character which is pertinent to the moral trait involved in the offense charged. admissibility pertinent to the issue of character involved in the case. The good or bad moral character of the offended party may be proved if it tends to It is that amount of relevant evidence which a reasonable mind might accept as establish in any reasonable degree the probability or improbability of the offense adequate to justify a conclusion. may be given in evidence against the adverse party who had For the defense of alibi to prosper.for this rule is that the payment or offer is usually made from humane impulses and 89. 3 kinds of concomitant circumstances 87. Those statements which are circumstantial evidence of the fact in issue. It is enough that the person charged had the opportunity to do the act. Relevancy means that an evidence relates directly to a fact in issue. Sec 2 Rule on an injury is not admissible in evidence as proof of civil or criminal liability for injury. Those statements which are the very fact in issue. G. involving the same parties and time of the commission of the offense.

only declares whether matter whuich is logically probvative is excluded. and the like.an affair of logic and not of law. Applies to all forms of writing Applies only to written contracts and wills.Evidence vs. 99. 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 document and their successors in interest. Distinction between Best Evidence and Parol Evidence (Riano Reviewer) Best Evidence Rule Parol Evidence Rule Establishes a preference for the Presupposes the original is available original document over secondary evidence thereof. figures or other modes of writen expressions offered as proof of their contents. Physical evidence Physical evidence usually involves objects found at the scene of a crime. by relevancy . . Precludes the admission of secondary Precludes the admission of other evidence evidence if the original document is to prove the terms of a document other than available. Physical evidence may consist of all sorts of prints such as fingerprints. papers. cut marks. 102. tool marks. the contents of the document itself for the purpose of varying the terms of the writing. and second. what is documentary evidence? Documentary evidence is evidence supplied by written instruments.Admissibility is determined. words. first. accounts. proof Proof is the result of evidence while evidence is the medium of proof. numbers. by the law of eviudence which. 100. tidemarks. such as letters. by which ideas are presented on material substances. footprints. Documents as evidence consists of writings or any material containing letters. party to the document involved. 98. in strictness. or derived from conventional symbols. it includes books. handprints.