LIM

1.a
Evidence is relevant when it is directly connected to the
fact of the matter at hand and not merely collateral.
Relevance of evidence is established when, such object,
document, or testimony, upon admission, establishes the
existence or inexistence of the issue presented thereto and
contemplated by the courts.

1 .b
Evidence is material in general as it is composed of
tangible objects, documents or testimonies derived and
presented to by the parties. An object which is clearly
inexistent or cannot be proven to be existing or bring about
its existence would not be an effective evidence to be used by
the parties in court.

1.c
Evidence is competent when it is the most straightforward
method in establishing or proving the existence or inexistence
of a matter or fact.

1.d
Evidence is admissible to the courts for as long as it is
allowed by law, the constitution, or the Revised Rules of
Evidence. For something to be used in order to establish a
fact of the matter at hand, such is needed to be admitted
first by the courts, following the procedure provided for
under the Revised Rules of Procedure.

1.e
Evidence is necessary when it establishes a fact of the
matter at hand. Such facts or matters in contemplation cannot
be verily proven and established by the courts without the
necessary evidence to establish its existence or inexistence.

2.
Hearsay Evidence is inadmissible in general because it is
prone to tampering or corruption. Hearsays are mostly
testimonies based on either the personal knowledge of the
witness, involve opinions, conclusions or estimations which
the witness himself arrived at, or matters relayed to him, or
learned by him from third persons. In terms of opinions,
conclusions or estimations which the witness himself arrived
at, or matters relayed to the witness by third persons, it is
generally inadmissible.

3.
Yes, hearsay evidence can be admitted as evidence when
its either the personal knowledge of the witness.
4.
A dying declaration is a statement made by a person in
contemplation, under consciousness or at the moment of his/her
impending death.

5.
For a dying declaration to be admitted as evidence, the
statement must be made under consciousness of impending death.
The declaration must concern the cause and surrounding
circumstances of the declarant’s own death. Such declaration
is needed to be made freely and voluntarily without coercion
or suggestion from third parties and the declaration is
offered in a case where the inquiry of the matter is the death
of the declarant.

6.
Dying declarations are not superior evidence as they are
in the same level as all other evidence and are subject to the
same tests of credibility applied to all other evidences.
Dying declarations are impeached upon the showing that; the
witness testifying thereon is not credible, the declarant
himself is not credible, or the dying declaration lacks
credibility - either it be a hearsay, an opinion over a
matter, or is not relevant to the fact of the matter at hand.

7.
Admissions are distinct and different to declarations
against interest. Such distinctions are; an admission is not
always against the interest of the declarant, while a
declaration against interest is always against the interest of
the declarant, and the one who admits (admitter) is a party to
a case, while usually, the declarant of a declaration against
interest is not a party to a case.

8.
The best proof of a person’s pedigree would be results of
DNA examinations, records of the person in the Local Civil
Registry, and filiations of the person as provided for under
the Civil Code. If such best proofs are not available,
pedigree can still be proven by presenting a witness
testifying in favor thereto.

9.
A part of res gestae is a statement made during the
happening of the incident or circumstance relevant to the fact
of the matter at hand wherein such statement was made
spontaneously and voluntarily and no opportunity for
misinterpretation or misunderstanding may be made as such
statement was made immediately before or during the happening
of the incident. A part of res gestae is seen by the courts as
admissible as they are credible in its own right. A dying
declaration, on the other hand, is weighed the same as other
evidences as it still needs to pass the tests of credibility
like other evidences.
10.
Opinions may be admissible in cases wherein such opinions
are given by an expert in contemplation of tapping their
knowledge and expertise over the matter at hand. Lay opinions
can also be admitted on certain circumstances as provided for
by the Rules.

11.
The prosecution may only introduce evidence on the bad
character of the accused only during rebuttal after the
accused introduces evidence of his own good moral character.

12.
The sources of the Rules of Evidence are; Rules 128 to
133 of the Revised rules of court, the Constitution, other
special laws, jurisprudence, and circulars issued by the
Supreme Court.

13.
The Congress has the main power to prescribe the Rules of
Evidence as the power itself is legislative in nature.
However, the Supreme Court also is given power to prescribe
the rules as they issue and adopt circulars and rules
concerning the Rules of Evidence.

14.
Generally, the parties cannot stipulate what rules may
apply or be binding upon the court. They may, however,
stipulate the effects of certain types of evidence on their
contractual rights for as long as jurisdiction of the courts
are not impeded.

15.
Rules in relation for the protection of the parties may
be waived. However, rules that are grounded on public policy
cannot be waived.

16.a - Quantitative Rules

16.b - Prophylactic Rules

16.c - Prophylactic Rules

16. d - Analytical Rules

16.e - Preferential Rules

16. f - Exclusionary Rules

17.
The Rules of Evidence are liberally construed.

18.
Evidence has a dual aspect: (1) evidence as pertaining to
the very materials presented in court which consists of
objects, documents and oral testimonies, and (2) Evidence as
the system, process or methodology of proving a fact in
question.

19. a
The procedure is as provided for under the Rules of
Evidence, particularly Rule 128 to 133.

19.b
It means that the rules are only applicable to issues
tried and hear by the regular courts and does not apply to
quasi judicial courts or administrative courts.

19.c
It means that the objective of evidence is to arrive to
the truth of the matter at hand, thereby rendering justice.

19.d
Refers to the fact to be established, or the issue
contemplated by the courts.

20.
Factum Probandum refers to the ultimate fact to be proven
in court. Factum Probans, on the other hand, refers to the
evidentiary facts by which the factum probandum will be
proven.

21.a
A direct evidence is an evidence which proves a fact in
dispute without any presumption. Ex. A wound on the body of
the victim.

21.b
A Circumstancial evidence is an evidence which may be
inferred upon for the existence or non-existence of a
particular fact. Ex.

21.c
A Positive Evidence is an evidence that affirms the
existence of a fact or the happening of an event. Ex.
Testimony of witness stating that he saw the accused pulled
the victim towards the car.

21.d
Primary evidence is an evidence which the law regards as
the one that affords the most certainty of the fact in
question. Also known as the best evidence. Ex. The original
copy of a will.

21.e
Secondary Evidence are evidences which are inferior in
nature. Such showing of the evidence establishes that there
are far better evidences available. Ex. A Xerox copy of a
contract.

21.f
 Cumulative evidence are additional evidence that bears
the same point as another evidence presented. Ex. Testimony of
A, B, and C of what happened during the party when the victim
was murdered.

21.g
Corroborative evidence are evidence which are different
in nature and character, but prove the same point. Ex. The
presented murder weapon, a knife, corroborates to the stab
wounds of the victim.
21.h
A Documentary Evidence is an evidence that is written in
either paper or an other surface that shows texts, figures,
statements, or any other form thereto. Ex. Original Copy of a
contract of sale.

21.i
An Object Evidence is an evidence that are addressed to
the senses of the court. Ex. A knife used as a murder weapon.

21.j
A testimonial evidence is an evidence consisting of a
statement of a witness which was made under oath. Ex. A
narration of the event that transpired during the incident by
A.

22.
An irrelevant evidence is an evidence which does not
primarily relate to the issue or controversy at hand. An
evidence is incompetent when it serves no purpose or has no
probative value. An evidence is inadmissible if it is not
allowed to be presented to in court either because of its
nature or is either prohibited by the law, the Rules or the
issuances of the Supreme Court. An evidence is immaterial if a
party is unable to present or provide for such evidence in
court.

23.
No, derivative evidence is not admissible in evidence due
to the fact that it was illegally acquired evidence. This is
also in contemplation of the Doctrine of the fruit of the
poisonous tree.

24.
An evidence in chief is an evidence presented to during
and in response to the initial questioning by the party which
called the witness to testify. A rebuttal evidence, on the
other hand, is an evidence presented after the presentation of
an evidence in chief, usually used to contradict the
credibility of either the evidence in chief or the
accused/defendant.

25.
No such rule may not be strictly followed in the interest
of justice.
26.
The differences in the Rules of Evidence between civil
and criminal cases are as follows: 1.in civil cases, issues
may be proved by preponderance of evidence, while criminal
cases require proof beyond reasonable doubt; 2. Dying
Declarations are only applicable to criminal cases. 3. the
rules of evidence in civil cases can be relaxed through the
parties consent, while that cannot be done in criminal cases;
4. In civil cases, clear proof need not be provided, while in
criminal cases, a clear proof that the accused committed the
crime needs to be established; and 5. Confessions are only
applicable to criminal cases.

27.
Admissibility refers to the quality of the evidence must
possess in order to be accepted and allowed to be introduced
as evidence in court. Weight refers to the significance or the
value given to a material by law. Relevancy of an evidence
refers to the connection of the material to the issue.
Competency refers to whether or not said material is not
excluded by law.

28.
Two principles which exclude relevant and material
evidences are: the doctrine of the fruit of the poisonous
tree, and the Exclusionary Rule. An exemption to these rules
are, the doctrine of inevitable discovery, and independent
source doctrine.

29.
B’s testimony would be an example of a Cumulative
Evidence.

30.
The different kinds of admissibility are as follows;
Multiple admissibility, which means either an evidence is
admissible for several purposes, or an evidence cannot be
admitted for one purpose but may be admitted for another that
may support the requirements of the former purpose; Curative
Admissibility which applies when an improper evidence is
allowed to be presented by one party, which in lieu of it
allows the other party to present a similar improper evidence
to cure such defect; and Conditional Admissibility, wherein an
evidence is allowed to be presented or admitted temporarily.

31.a
No, it does not apply, as there must be “wire-tapping” or
the actual installation of a device in order to overhear or
intercept.

31.b
No, it does not apply to conversations acquired in
relation to police entrapments, for as long as the crime
committed thereto involves those provided for by law like
espionage, treason, etc. and when a Judicial Authorization was
granted.

31.c
No, it does not apply to lip reading as, again, there was
no physical interruption, nor installation of a device in
order to overhear or intercept. This falls on the risk of the
conversants being overheard by other people especially when
such conversation was made in public. This, thus, is also true
to lip-reading.

31.d
Yes, it applies as it falls within the provision provided
for under RA 4200.

31.e
No, only those sounds which consists of cognitive
information, stated or spoken in order to transmit information
to another are considered spoken words.

31.f
No, it does not fall under RA 4200 as these are not
devices installed nor constructed for the purposes of
eavesdropping, overhearing, intercepting or recording any
communication or spoken word secretly.

32.
Real evidence are evidences which are addressed to the
senses of the Court. Those which are tangible and can be
inspected using the five senses. Autoptic preference refers to
the court giving value and preference to evidences which are
addressed to the senses of the Court.

33.
Demonstrative evidence are evidences that shows or enacts
an action in court. Ex. Re-enactment of the incident by the
victim using of a dolls; Motile actions resembling of stabbing
showed by the witness in court; a witness pointing to where
the victim was stabbed and kicked by the accused using his
body (the witness’) as reference.

34.
The three groups of sensual evidences are; those
exhibited to the court and observed during trial, results of
ocular inspections of parties, and results of test or
experiments which are either scientific or practical tests.

35.
The inherent requirements for an evidence to be
admissible is proof of Relevancy and proof of Competency.

36.
The two fold purpose of authenticity is to ensure the
identity of the object and to ensure the integrity of the
object.
37.
The basic requisites for the admissibility of an oject or
real evidence are proof of relevancy, proof of competency, and
authentication.

38.
Yes, the accused can invoke his right against self-
incrimination when such admission of evidence violates the
accused’s right. For example, an accused cannot be compelled
to produce a sample of his handwriting in order to determine
his liability as an author of a handwritten death threat to a
victim.

39.
An improper authentication may exclude the object
evidence upon the objection of the adverse party, or may not
be given value by the courts.

40.
Documentary evidence are evidences consisting of writing
or any material containing letters, words, figures or
expressions which are offered to the courts as proof of their
contents.

41.
Text messages are considered to be documentary evidences.
The requirements for the admissibility of the aforementioned
are proof of relevancy, proof of competency, and proper
authentication. A testimony of a witness with a personal
knowledge thereof can prove of the existence of the text
message.

42.
The best evidence rule provides that if the subject of
inquiry of the courts pertain to the contents of a document,
no evidence referring to the contents other than the original
document would be deemed better. An exception to this rule is
when such document is in the custody of the adverse party and
the adverse party denies or refuses to present such, or in the
custody of a public official, or when such document is outside
the Philippines and there is no way to bring such document in
the country.

43.
The original document rule only applies when the issue of
the subject of inquiry contemplated by the court refers to the
contents of a document. Therefore, only the original document
can be used as evidence.

44.
No, as to other evidence, the document still needs to
undergo the tests of credibility and the requirement provided
for under the rules for it to be admitted.
45.
A secondary evidence is an evidence inferior to an
original document, and such evidence establishes to the court
that there is a better evidence out there that can be used
instead of it. It may be presented when; the original document
is destroyed or missing, such original document is under the
custody of the adverse party and such party denies or refuses
to present the same, the original document is in the custody
of a public official, or if such document is outside the
Philippines and there is no way to bring such document in the
country.

46.
The Parol Evidence Rule provides that the terms of an
agreement, when reduced to writing, is considered to contain
all the terms and conditions agreed upon by the parties, and
no evidence other than the contents of the written agreement
may be admitted.

47.
Yes, a party may modify, add, or explain the terms of the
written agreement upon motion to the courts.

48.
The best evidence rule prohibits the presentation of
secondary evidence when there is the best evidence available,
while the Parol Evidence Rule prohibits oral testimony to
alter the terms of a written agreement.

49.
The statue of frauds contemplates that an agreement must
be in writing and be signed by the parties, and such are
binding to parties. The parol evidence rule, on the other
hand, provides for the prohibition of an oral testimony as
evidence in order to alter the contents of a written
agreement.

50.
Yes, a document may be presented as both object and
documentary evidence for as long as the purpose differs,
wherein as an object evidence, in reference to its existence,
and as a documentary evidence, in reference to the contents
stated within it.

51.
The proper, or accurate term is the Original Document
Rule. This is because the Rule only refers to writings
particularly written documents, and as such, the term evidence
is too broad and also encompasses other non-written materials.

52.
No, the tape recording was not properly admitted. The
daughter, or the person who acquired or recorded such must be
presented as a witness in order to establish the authenticity
of the evidence.

53.
The rules in relation to documentary evidence are; the
Original Document Rule which provides that if the subject of
inquiry of the courts pertain to the contents of a document,
no evidence referring to the contents other than the original
document would be deemed better, and the Parol Evidence Rule,
which states that the terms of an agreement, when reduced to
writing, is considered to contain all the terms and conditions
agreed upon by the parties, and no evidence other than the
contents of the written agreement may be admitted.