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Dean Riano Evidence Finals Reviewer and Last Minute Tips by Bimby and Klowee
Dean Riano Evidence Finals Reviewer and Last Minute Tips by Bimby and Klowee
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:
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. Testimonial evidence topics not found in Rule 130
a. 132 (Sec. 3) Right of witnesses (Sec .6) Cross Exam and Sec. 11 Impeachment of witnesses
i. Are the rights of the accused violated in case of compulsory HIV testing? No. There is no testimonial
compulsion involved by extracting blood from the accused for testing purposes. Thus, there is no violation
of the right to privacy and the right to be presumed innocent.
ii. Should DNA evidence be admitted? Yes. The right against self incrimination applies only to
testimonial evidence. Extracting blood samples and cutting strands of hair do not involve testimonial
compulsion but purely mechanical acts which neither requires discretion or reasoning. (Tijing v. Court of
Appeals.
iii. The right against self incrimination does not apply to physical and mechanical act. It applies only to
testimonial compulsion which is not the case under the facts.
iv. Degrading questions although degrading a witness must answer the question if the degrading
answer a) is the very fact in issue; or b) refers to a fact from which the fact in issue would be presumed.
(Rule 132)
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 one’s An opinion evidence is based on the
personal knowledge of others to prove the truth of personal knowledge or personal
the matter asserted in an out-or-court conclusion of the witness based on
his skill, training, or experience.
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:
1. Dying Declarations
2. Declaration against interest
3. Act or declaration about pedigree
4. Family reputation or tradition regarding pedigree
5. Common reputation
6. Parts of the res Gestae
7. Entries in the course of business
8. Entries in official records
9. Commercial lists
10. Learned treatises
11. Testimony or deposition at a former trial
Dying Declarations
*must be impending, near, and certain.
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.
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.
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.
Section 4. JUDICIAL ADMISSION is and admission, verbal or written, made by a party in the course of the
proceedings.
Elements
1) The same must be made by a party to the case
2) The admission must be made in the course of the proceedings in the same case, and
3) There is no particular form for an admission, it may either be written or verbal.
Judicial Admissions may be made in
1) Pleadings filed by the parties,
2) In the course of trial either verbal or written manifestations or stipulations
3) In other stages of judicial proceedings as in the pre trial of the case
4) Admissions obtained through depositions, written interrogatories or requests for admissions.
Judicial admissions can be made by either a party or counsel.
Judicial admission may be contradicted only when it is shown that
1. It was made through palpable mistake or 2. That no such admission was made.
Remedy of a party who gave a judicial admission:
In case of written judicial admission – motion to withdraw the pleadings, motion, or other written instrument
containing such admission.
Judicial admissions are always conclusive upon the admitter and do not require formal offer as evidence,
unlike in the case of extra-judicial admissions.
Rule on dismissed pleadings
Admissions made in pleadings that have been dismissed are merely extrajudicial admission.