357-367 EVIDENCE

357. What is the effect if evidence is suppressed? What are the exceptions?

If the motion to suppress is granted then the evidence is excluded.

Exception: When the evidence is not yet offered

358. What is the nature of the rule “falsus is uno, falsus omnibus”?
It means “false in one thing, false in everything.” It means that if the testimony of a witness on a
material issue is willfully false and given with an intention to deceive, the jury may disregard all
the witness’ testimony. The witness in such case is considered unworthy of belief as to all the
rest of his evidence if he is shown to have testified falsely in one detail. Yet, this is not an
absolute rule of law and is in fact rarely applied in modern jurisprudence. It deals only with the
weight of the evidence and is not a positive rule of law. The modern trend favors more flexibility
when the testimony of a witness may be partly believed and partly disbelieved depending on
the corroborative evidence presented at the trial (People v. Negosa).

359. What are the ways of out-of-court identification of suspects?

Out-of-court identification is conducted by the police in various ways. It is done thru show-ups
where the suspect alone is brought face to face with the witness for identification. It is done
thru;
1. mug shots where photographs are shown to the witness to identify the suspect;
2. line-ups where a witness identifies the suspect from a group of persons lined up for the
purpose.

360. What is the concept of totality of circumstances test?

Totality of the circumstances test refers to a method of analysis where decisions are based on all
available information rather than bright-line rules. Under the totality of the circumstances test,
courts focus "on all the circumstances of a particular case, rather than any one factor".

361. What is the reason behind the adoption of the totality of circumstances test?
Totality tests are used as a method of analysis in several different areas of the law. For example,
it is used as a determination about reasonable suspicion or probable cause is based on a
consideration of the totality of the circumstances.

362. What is the effect of the non-presentation of the informant in a buy bust operation?
The buy bust operation shall remain valid. In People vs Lopez (214 SCRA 323), it was held that
there was no need for the prosecution to present the confidential informer as the poseur buyer
himself positively identified the accused as the one who sold to him one deck of
methamphetamine hydrochloride or "shabu." The trial court then properly relied on the
testimonies of the police officers despite the decision of the prosecution not to present the
informer.

363. When should a confidential informant be presented?

The confidential informant should be presented when the informant's testimony is
indispensable such that a conviction would be baseless without it.

364. How is private document proved?

Before any private document offered as authentic is received in evidence, its due execution and
authenticity must be proved either:
(a) By anyone who saw the document executed or written; or
(b) By evidence of the genuineness of the signature or handwriting of the maker.

Any other private document:

- need only be identified as that which it is claimed to be.

365. When may entries made in course of business reliable?

Entries in the course of business are reliable when:
a. at, or near the time of transactions to which they refer;
b. by a person deceased, OR unable to testify, who was in a position to know the facts therein
stated, may be received as prima facie evidence, if such person made the entries:
1. in his professional capacity or in the performance of duty AND
2. in the ordinary or regular course of business or duty.
?
366. When is authenticity of a private document need not be proved?
Authentication of a Document is NOT Required When:
1. The writing is an Ancient Document (Sec 21)
2. When the writing is a public document on record (Sec 19)
3. When it is a notarial document, acknowledged, proved and certified in accordance with Sec
30
4. When the authenticity and due execution of the document has been expressly and impliedly
admitted by failure to deny the same under oath (ex. Actionable documents)
5. When such genuineness and due execution are immaterial to the issue

367. What is the ancient document rule?

An ancient document is said to be in the proper custody if it is in the place in which and under
the care of the person with whom it would naturally be. A private document is considered as
ancient when it is more than 30 years old, is produced from a custody in which it would
naturally be found if genuine and is unblemished by any alterations or circumstances of
suspicion. Yet, while a witness is not needed to prove the due execution and authenticity of the
document, a witness is needed to identify the same.

Note: If the authenticity of a private document has been admitted by the parties, the rule
requires no further authentication