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READING GUIDE

EVIDENCE
GULLAS LAW SCHOOL

OBJECT/REAL EVIDENCE

1. Three Major Kinds of Evidence


2. What is object evidence?
3. What are the requisites for the admissibility of object evidence?
4. What is authentication of object evidence?
5. What is demonstrative evidence?
6. Authentication of real demonstrative evidence
7. Rules on Chain of Custody of Drugs as object evidence
8. Purpose and function of the chain of custody requirement
9. Procedure to follow to comply with the chain of custody requirement
10. What is the effect if there is failure to follow the proper procedure for
the custody of confiscated drugs?
11. What is DNA evidence?
12. What is DNA profile?
13. What is DNA testing?
14. How to apply for a DNA Testing Order?
15. What are the requirements for DNA Testing Order?
16. Matters to be considered in DNA testing
17. Courses of Action of the Court on the Application for DNA testing
18. Possible remedies in case of refusal to comply for DNA testing
19. What is post-conviction DNA testing
20. Assessment of Probative Value of DNA evidence
21. Read the case of Rosendo Herrera vs. Alba, et.al. G.R. No. 148220,
June 15, 2005 and People vs. Umanito G.R. No. 172607 October
26, 2007
22. Remedy in case of favorable post-conviction DNA Testing
23. Confidential Nature of the Profiles and Results
24. Preservation of DNA Evidence

DOCUMENTARY EVIDENCE

25. What is Documentary Evidence?


26. Observations and Comparison under the 1989 Rules of Evidence
and the 2019 Proposed Amendments to the Revised Rules of
Evidence
27. What is the Original Document Rule?
28. What are the functional equivalent of original document under the
Electronic Evidence Rule A.M. No. 1-7-01-SC?
29. According to the proposed amendments, what constitutes “original”
of a document?
30. Exception to the “original document rule” is Section 3 (e), Rule
130…” When the original is not closely-related to a controlling
issue”. Read the cases of Air France vs. Carrascoso G.R. No. L-
21438 September 28, 1966 ; People vs. Tandoy G.R. No. 80505
December 4, 1990; Arceo Jr. vs. People G.R. No. 142641 July 17,
2006; and, Consolidated Bank and Trust vs. Del Monte G.R. No.
143338 July 29, 2005
31. How do you prove a public document?
32. Read the case of Republic vs. Ma. Imelda Marcos, et.al. G.R. No.
171701 February 8, 2012
33. What is a duplicate? Is it admissible? Under what conditions?
34. Read the case of Vinzons-Chato vs. House of Representatives et.al.
G.R. No. 201350 January 22, 2013.
35. What is secondary evidence?
36. When would you resort to the introduction of secondary evidence?
37. Requisites for the admissibility of secondary evidence.
38. How to prove contents of a document when the original is lost or
destroyed or cannot be produced in court?
39. Read the case of Sps. Antonio Vega vs. SSS G.R. No. 181672
40. Proving lost original document. Read the case of Baguio Trinity
Developers Inc. vs. Heirs of Ramos, et.al. G.R. No. 188381
December 14, 2011.
41. Rule in case original document is in the control of the adverse party.
42. Distinction between Section 6, Rule 130 and the Rule on Production
and Inspection of Documents
43. What are the requisites in relation to No. 40?
44. What are “summaries” under Section 7, Rule 130 of the 2019
Proposed Amendments to the Rules on Evidence?

PAROL EVIDENCE RULE

45. What is parol evidence rule?


46. What are its exceptions?
47. What are the kinds of ambiguities?
48. Read the case of||| Yu Tek & Co. v. Gonzalez, G.R. No. 9935,
[February 1, 1915; Financial Building Corp. vs. Rudling International
G.R. No. 164186 October 4, 2010; and, Canuto v. Mariano, G.R.
No. L-11346, [March 21, 1918], 37 PHIL 840-844)

49. Who is a party or deemed party to a contract for purposes of


applying the Parol Evidence Rule? Read the cases of Heirs of
Pacres v. Heirs of Ygoña, G.R. No. 174719, May 5, 2010; Lechugas
v. Court of Appeals, G.R. No. L-39972 & L-40300, [August 6, 1986];
Heirs of Ureta, Sr. v. Heirs of Ureta, G.R. Nos. 165748 & 165930,
[September 14, 2011] and, Marquez v. Espejo, G.R. No. 168387,
[August 25, 2010

50. Include aslo Rules on the Interpretation of Documents

-NOTHING FOLLOWS-

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