ALVAREZ, RUDY Jr. G.

LAW3D
Study guide questions 2

1. If an evidence is not allowed by the court, what is/are your remedy/s, if any?

Tender of exclusive evidence is made if documents or things offered in

evidence are excluded by the court, the offeror may have the same attached to
or made part of the record. If the evidence excluded is oral, the offeror may
state for the record the name and other personal circumstances of the witness
and the substance of the proposed testimony.

2. In criminal cases, is absolute certainty required for conviction?

No, the evidence needed is not based on clear and convincing evidence of
guilt, neither on evidence establishing guilt beyond reasonable doubt, and
definitely not on evidence establishing absolute certainty of guilt. It needs only to
rest on evidence showing that more likely than not a crime has been committed
by the accused.

3. Suppose an extrajudicial confession is admitted in evidence by the court, is it

sufficient to support a conviction?

No, an extrajudicial confession made by an accused, shall not be sufficient

ground for conviction, unless corroborated by evidence of corpus delicti.

4. Can conviction of a crime be based on the testimony of a single witness?

Yes, it is axiomatic that truth is established not by the number of

witnesses but by the quality of their testimonies. The testimony of a single
witness, if positive and credible, is sufficient to support a conviction.

5. Is the testimony of an expert witness indispensable to prove handwriting?

No, testimony of an expert witness is not indispensable to prove

handwriting.
Under the revised rules on evidence handwriting of a person may be
proven by any witness who believes it to be the handwriting of a person
because: (1) he has seen the person write;(2) he has seen writing purporting to
be his upon which witness has acted or been charged, and has thus acquired
knowledge of handwriting of such person; or (3) by a comparison made by
witness or the court, with writings admitted or treated as genuine by the party
against whom the document is offered, or proved to be genuine to the
satisfaction of the judge.

6. What is the importance of knowing whether a document is public or private?

It is important to know the nature of document whether public or private

because it determines how they may be presented as evidence in court. A public
document is admissible in court without further proof of its due execution and
authenticity. In contrast, a private document, because it lacks the official or
sovereign character of a public document, or the solemnities prescribed by law,
 requires authentication in the manner allowed by law or the Rules of Court
before its acceptance as evidence in court.

7. If a person has already been convicted under a final and executory judgment,
may he still avail of DNA testing?

Yes, he may still have DNA testing. The test after his conviction is termed
a “post-conviction” DNA testing. Significantly. Sec. 6 of the RDE allows a pos-
conviction DNA testing it may be available to (a) the prosecution, or (b) the
person convicted by a final and executory judgement, provided that the following
requirements are met:
(a) A biological sample exists;
(b) Such sample is relevant to the case; and
(c) The testing would result in reversal or modification of the judgement
of conviction.

8. When should an offer of evidence be made?

As to when the offer of evidence is made depends upon the nature of the
evidence.
(a) As regards the testimony of the witness, the offer is to be made at the
time the witness is called to testify.
(b) As regards documentary and object evidence, they are to be offered
after the presentation of a party’s testimonial evidence. The offer is
orally made unless allowed by the court to be in writing.

9. Is an ancient private document required to be authenticated?

No, if a document is ancient pursuant to the descriptions given by the

rules of court, evidence of its authenticity need not be given, there is no need to
prove its genuineness and due execution. This means that there is no necessity
for observance of the authentication process under the Rules.

10. What is the importance of offer of evidence?

The offer of evidence is important because under the rules the court shall
consider no evidence which hast not been formally offered and the purpose for
which the evidence is offered must be specified. It is necessary because it is the
duty of the court to rests its findings of fact and judgement only and strictly
upon the evidence offered by the parties.