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Archie B.

Landicho Evidence
Ms. Realeza

1. Discuss and compare the definition of “original document” under the old rules on evidence and
the revised rules on evidence.

“Original document/ Best evidence rule“ on Rule 130 section 3 and 4 on the old rules of
court says, “Original document” under the old rules states that when the subject of inquiry is the
content of document, no evidence shall be admissible other than the original document itself and
The original of a document (a) Is one the contents of which are the subject of inquiry, (b) When a
document is in two or more copies executed at or about the same, with identical contents, all such
copies are equally regarded as originals, (c) When an entry is repeated in the regular course of
business, one being copied from another at or near the time of the transaction, all the entries are
likewise equally regarded as originals. Where “Original document” in the revised rules on
evidence states that when the subject of inquiry is the contents of a document, writing, recording,
photograph or other record, no evidence is admissible other than the original document itself. And
an “original” of a document is the document itself or any counterpart intended to have the same
effect by a person executing or issuing it. An “original” of a photograph includes the negative or
any printout or other output readable by sight or other means, shown to reflect the data accurately,
an “original”. Before the original document rule is called best evidence rule not until it revise on
2019. On the revised version they already included the specific things writing, recording,
photograph or other record. A duplicate can also be called “original document” subject to condition
because the duplicate is a counterpart produced by the same impression as the original, or from
the same matrix, or by means of photography, including enlargements and miniatures, or by
mechanical or electronic re-recording, or by chemical reproduction, or by other equivalent
techniques which accurately reproduce original. A duplicate is admissible by the same extent as
an original. A duplicate is not admissible when the questions raised the authenticity of the original,
so called original was fake also the duplicate is fake.
Second, is in the circumstances, it is unjust or inequitable to admit the duplication in lieu of the
original.

2. Reaction paper on the possible evidence that could be admitted in court in the following viral
incedents:

a. The shooting incident involving policeman Jonel Nuezca.

The possible evidence that could be admitted in the court is the testimony of the person
who captured the Gregorio murders in Tarlac on Video will be strong evidence against Police
Master Seargent Jonel Nuezca, but other forms of evidence can also be used. When the video is
authenticated it could be admissible as “object/real evidence”. Other forms of evidence that can
establish and corroborate the killing: eyewitness testimonies, extrajudicial confession, ballistics
results, post mortem autopsies etc.,

b. The death of Christine Dacera.

The body of Christine Dacera even before the conduction of full forensic investigation is already
contaminated, so it was really hard to find whether there was sexual abuse before she was found
dead in her hotel room in Makati. So I think the evidence that could be admissible in the court is
the CCTV footage of the hotel as real evidence wherein Christine Dacera is shown going back and
forth to the other room, the confession of the 11 accused person primarily the four person who
stand up at their very best Valentine Rosales, Gregorio Angelo Rafael De Guzman, Clark Rapinan,
JP Dela Serna, and the result base on the four autopsies in Dacera’s body.

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