DEMONSTRATIVE EVIDENCE

What is Demonstrative Evidence?

- It is an evidence which is not the actual thing but it is referred to as such because it
represents or demonstrates the real thing.
- It is not strictly “real” evidence because it is not the very thing involved in the case.

Examples of Demonstrative Evidence and its admissibility:

1. Photographs
Under the Rules on Electronic Evidence, photographic evidence of events, acts or
transactions shall be admissible in evidence provided that:
a. it shall be PRESENTED, DISPLAYED and SHOWN in court; and
b. it shall be IDENTIFIED, EXPLAINED or AUTHENTICATED by either:
i. The person who made the recording; or
ii. Some other person competent to testify on the accuracy thereof.

2. Motion pictures and recordings

Under the Rules on Electronic Evidence, audio, photographic and video evidence
of events, acts or transactions shall be admissible in evidence provided that:
a. it shall be SHOWN, PRESENTED, or DISPLAYED to the court; and
b. it shall be IDENTIFIED, EXPLAINED or AUTHENTICATED by either:
i. The person who made the recording; or
ii. Some other person competent to testify on the accuracy thereof.

3. Diagrams. Models and maps

These types are presented to indicate the relative locations or positions of objects
and persons.
And it shall be admissible in evidence provided that:
a. It must be RELEVANT (Requirement of relevance)
b. It must be IDENTIFIED by a witness who is familiar with what the evidence depicts,
and that it is an accurate representation of the scene it portrays. (Ability of the
witness to authenticate the exhibit.)

4. X-ray pictures (skiagraphs or radiographs)

Authenticated x-rays are normally involved in personal injury cases to show the
location and extent of the injury.
And it shall be admissible in evidence provided that:
a. X-rays are properly AUTHENTICATED by the x-ray technician or physician who
testifies:
i. To the competence of the person taking it; and
ii. The procedure taken; and
iii. That the x-ray picture shown is that of the person, the anatomical part or
the object involved in the case.
5. Scientific tests, demonstrations and experiments
The issue of refusing or granting request for demonstrations, experiments and
tests in open court is a matter subject to judicial discretion.

6. Text messages (applies to Telephone conversations and other ephemeral electronic

communication)
To be proved by TESTIMONY of a person:
a. Who was a party to the same; or
b. Who has personal knowledge of them.

In the absence or unavailability of the required witnesses, OTHER COMPETENT

evidence may be admitted.