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Laying the Foundation or Laying Vallejo adopted the following

the Predicate guidelines to be used by courts in


assessing the probative value of DNA
It is a preliminary requirement
evidence:
for the impeachment process
prospers. 1. How the samples were
collected;
2 Elements: 2. How they were handled;
1. The alleged statement must be 3. The possibility of contamination
related to the witness including of the samples;
the circumstances of the times 4. The procedure followed in
and places and the people analyzing the samples;
5. Whether the proper standards
present. If the statements are in
and procedure were followed in
writing they must be shown to
conducting the tests; and
him; and
6. The qualification of the analyst
2. He must be asked whether he
who conducted the test.
made such statements and also
to explain them if he admits What does the Parol Evidence
making those statements. Rule state?
How do you impeach the witness? It states that when the terms of an
agreement have been reduced to
1. By contradictory evidence;
2. By evidence that his general writing, it is considered as containing
reputation for truth, honesty all the terms agreed upon and there
and integrity is bad; and can be, between the parties and their
3. By evidence that he has made successors-in-interest, no evidence of
at other times statements such terms other than the contents of
inconsistent with his present the written agreement
testimony. Exceptions to the Parol Evidence
Note: A witness cannot be impeached Rule:
by specific wrongful acts. Except: A 1. An intrinsic ambiguity, mistake
previous final conviction. or imperfection in the written
May a party impeach his own agreement;
witness? 2. Failure of the written agreement
to express the true intent of the
GR: No. By calling a witness, the party parties thereto;
certifies his credibility. 3. Validity of the written
agreement; or
XPN: The witness is an: 4. Existence of other terms agreed
1. unwilling or adverse witness so to by the parties or their
declared by the court; successors in interest after the
execution of the written
2. adverse party; or agreement (Sec. 9, Rule 130).
3. officer of the adverse party who is a
juridical person
What is the Vallejo Doctrine?
Note: Parol evidence may only be the question calls for a different mode
allowed, if any of the foregoing of answer (Sec. 1, Rule 132).
matters is put in issue in the
What are the rights of a witness?
pleadings.
1. To be protected from irrelevant,
What is authentication?
improper, or insulting questions, and
It is proving the due execution and from harsh or insulting demeanor;
genuineness of the document.
2. Not to be detained longer than the
When is authentication of interests of justice require;
documents not required?
3. Not to be examined except only as
1. The writing is an ancient document to matters pertinent to the issue;
(Sec. 21, Rule 132);
4. Not to give an answer which will
2. The writing is a public document or tend to subject him to a penalty for an
record (Sec. 19, Rule 132); offense unless otherwise provided by
law (right against self-incrimination)
3. The writing is a notarial document
acknowledged, proved or certified 5. Not to give an answer, which will
(Sec. 30, Rule 132); tend to degrade his reputation.
4. The authenticity and due execution When can evidence of good moral
of the document has been expressly character of the accused be
admitted or impliedly admitted by presented?
failure to deny the same under oath;
The accused may prove his good
5. When such genuineness and due moral character when pertinent to the
execution are immaterial to the issue. moral trait involved in the offense
charged (Sec.51 [a][1], Rule 130).
Oath:
Note: In contrast, in a criminal case,
Signifies the swearing to the Creator
the prosecution cannot prove the bad
to tell the truth and nothing but the
moral character of the accused in its
truth.
evidence-in-chief. It can only do so in
Affirmation: rebuttal.

An affirmation is a substitute for an


oath and is a solemn and formal Use and Fruit Transactional
declaration that the witness will tell Immunity Immunity
the truth. Prohibits the use Grants immunity
of the witness' to the witness
How is the examination of compelled from prosecution
testimony and its for an offense to
witnesses done? fruits in any which his
manner in compelled
The examination of witnesses connection with testimony relates.
presented in a trial or hearing shall be the criminal It is an immunity
done in open court and under oath or prosecution of the from prosecution
witness. It is by reason or on
affirmation. The answers of the
immunity from the basis of the
witness shall be given orally unless the using the testimony
witness is incapacitated to speak, or testimony of the (Galman v.
witness. Pamaran, 138 injure those who are not parties to it.
SCRA) It has two branches:
1. The rights of a party cannot be
prejudiced by an act,
declaration, or omission of
another (Sec. 28).
2. Evidence that one did or did not
What is the scope of a cross- do a certain thing at one time is
examination? not admissible to prove that he
did or did not do the same or
1. American rule Cross-examination similar thing at another time
is restricted to facts and (Sec. 34, Rule130).
circumstances which are connected
with the matters that have been What are the exceptions to the
stated in the direct examination of the res inter alios acta rule (first
witness. branch)?

2. English rule Where a witness is 1. Admission by a co-partner or


called to testify to a particular fact, he agent (Sec. 29, Rule 130);
becomes a witness for all purposes 2. Admission by a co-conspirator
and may be fully cross-examined upon (Sec. 30, Rule 130); and
all matters material to the issue, the 3. Admission by privies (Sec. 31,
examination not being confined to the Rule 130).
matters inquired about in the direct
What is meant by the principle of
examination.
adoptive admission?
Note: The English rule is observed in
It states that a party may, by his
our jurisdiction, except with respect to
words or conduct, voluntarily adopt or
cross-examination of the accused, or a
ratify anothers statement. Where it
hostile witness.
appears that a party clearly and
What is admission? unambiguously assented to or adopted
the statements of another, evidence of
It is an act, declaration or omission of those statements is admissible against
a party as to a relevant fact which him.
may be given in evidence against him
(Sec. 26, Rule 130). What is the Doctrine of
Incomplete Testimony?
What is a confession?
GR: When cross-examination cannot
It is a declaration of the accused be done or completed due to causes
acknowledging his guilt of the offense attributable to the party who offered
charged or of those necessarily the witness, the incomplete testimony
included therein. is rendered incompetent and should
What is the principle of res inter be stricken from the record.
alios acta alteri nocere non debet? XPN: Where the prosecution witness
This principle literally means things was extensively cross-examined on
done between strangers ought not to the material points and thereafter
failed to appear and cannot be
produced despite a warrant of his
arrest.
What is a leading question?
What is the doctrine of
It is one which suggests to the witness
interlocking confessions?
the answer which the examining party
It states that extrajudicial confessions desires. It is not allowed except:
independently made without collusion
1. On cross-examination;
which are identical with each other in
2. On preliminary matters;
their essential details and
3. When there is difficulty in
corroborated by other evidence
getting direct and intelligible
against the persons implicated, are
answers from a witness who is
admissible to show the probability of
ignorant, or a child of tender
the latters actual participation in the
years, or is of feeble mind or a
commission of the crime.
deaf-mute;
What is the theory of indivisibility 4. To unwilling witness or hostile
(rule on completeness)? witness;

When part of an act, declaration, Note: A witness may be considered as


conversation, writing or record is given unwilling or hostile only if so declared
in evidence by one party, the whole of by the court upon adequate showing
the same subject may be inquired into of his adverse interest, unjustified
by the other; reluctance to testify or his having
misled the party into calling him to the
Is the party who offered the witness stand. (Sec. 12, Rule 132)
testimony of a witness bound by
such testimony? 5. Witness is an adverse party or
an officer, director, or managing
Yes, he is bound by the testimony. agent of a public or private
XPN: When the witness is the: corporation or of a partnership
or association which is an
1. adverse party; adverse party (Sec. 10, Rule
2. hostile witness; 132); or
3. unwilling witness; or 6. In all stages of examination of a
4. a witness required by law to be child if the same will further the
presented (forced witness) interests of justice (Sec. 20, AM
004-07-SC).