What are Private Documents?

Under section 19 of Rule 132 of the Rules of Court, private documents are those which
are not considered as public documents enumerated therein. That is, those which are not
- written official acts or records of the official acts of the sovereign authority,
official bodies and tribunals, and public officers, whether of the Phil or of a
foreign country,
- documents acknowledged b4 a notary public, and
- public records, kept in the Phil, of private documents required by law to be
entered therein,
are considered private documents.

Can a testimony which is not formally offered be admitted in evidence?

No. Section 34 of Rule 132 of the Rules of Court states that “ the court shall consider no
evidence which has not been formally offered” and that “the purpose for which the
evidence is offered must be specified.”

Can the testimony of a lone witness result to a conviction based on circumstantial

evidence?

Her Asnwer:

The testimony of a lone witness will not result to a conviction based on circumstantial
evidence.

For the testimony of a lone witness to produce a conviction, it must be direct and
conclusive, worthy and reliable, and clear and convincing. This is so as when the offense
charged could have been known only to the accused and the witness as in the case of
rape.

It is improbable that only one witness testifies on more than one circumstances.

May an accused testifying in his behalf invoke the right against self-incrimination
when the question calls for an incriminatory answer?

An accused testifying in his behalf may invoke his right against self-incrimination when a
question calls for an incriminatory answer.

Under section 3, Rule 132 of the Rules of Court, the general rule is that “a witness must
answer questions although his answer may tend to establish a claim against him.” This
rule, however, recognizes the rights of the witness and the accused and thus provides for
certain exceptions, one of which is “not to give an answer which will tend to subject him
to a penalty for an offense, unless otherwise provided for by law”.

This right of self-incrimination of the accused may be with reference to the offense
involved in the same case wherein he is charged or to an offense for which he may be
charged and tried in another case. (For witness, the offense is one for which he may be
tried in another case)

Hair samples were taken from the accused and later on presented in evidence
against him. Self-incrimination?

Her Answer:

Hair samples taken from him which will later on be presented in evidence against him
would not constitute violation of his right against self-incrimination. The protection of
law extends to the right of the one testifying in answering questions which will subject
him to a penalty for an offense. The provision provides for testimonies or answers to
questions propounded as incriminating and not to any act such as taking of hair samples.
The accused cannot invoke his right against self-incrimination.

See Beltran case, p. 691.

Her answer: (on electronic evidence)

The text message and the affidavit executed by the Clerk of Court are not sufficient for
the imposition of sanction against Boyet. Under the Rules on electronic evidence, the
execution of a complaint-affidavit relative to an ephemeral electronic communication
such as an SMS message must be testified to under oath by a party to such
communication. In this case, it should be Elvie who should execute such complaint-
affidavit. The Clerk is not a party to such communication and does not have personal
knowledge thereof.