Evidence

Rule 129 –

Sec 1 insertion of National Govt = courts not expected to take judicial notice of ordinance except local or
trial courts for ordinance within their territorial jurisdiction

Sec 3 During pretrial and trial

Request on both par 1 and 2– replaced with upon motion

Par 1 – during pretrial and trial – any matter

Par 2 – after trial etc – only on matters decisive

Sec 4 Jud Admission

“Or imputed admission was not in fact made” replaced “no such admission was made”

Docu Evid

130

Sec 2 – additional types of docu recorded, photographs, sounds – but must be offered as proof of their
contents thereof (NOT EXCLUSIVE)

Basis: PP vs zeta

Photograph includes:

-still pic, drawings, stored images, motion pictures, xray films, videos

-drawings: Sailers vs lucashil? US Case

Original Docu Rule (replaced Best evidence rule)

- no change of meaning – when the contents of the docu is the subject of the inquiry

-before docu lang now writing, recordings, photographs

Exceptions

- (b) When the original is in the custody or under the control of the party against whom the evidence is
offered, and the latter fails to produce it after reasonable notice or the orig cant be obtained by local jud
processes or procedure (ie. subpoena issued)

-basis: PNB vs olila

- (c) chart, calculation or summary

-basis: compania maritima vs allied

-additional: when the original is not closely related to the controlling issue – when it is not the subject of
the inquiry (ex plane ticket – only to prove that he boarded the plane = may present copy of plane ticket
bec the contents of the plane ticket is not the subj of the inquiry)

Sec 4

-the orig doc is the orig doc itself or its counterpart

-when the orig or its counterpart is intended to have the same effect by the person executing

-orig of photograph – includes negative or any print thereof

-computer data or output of similar device – any printout or the output readable by sight (rules on
electronic evid)

-duplicate – counterpart

-Same impression as orig

-from same matrix

-if by photography - enlargement, miniature, chemical reproduction, electronic

rerecording (elec evid)

-duplicate can be contested

- if a question of its genuineness has been raised (sec 4c 130)

- if based on cir it is unjust or unequitable (elec evid rule)