Notes in Evidence

Prepared by:
Atty. Esperanza LM. Aggalao-Ticangan
IV. RULES OF ADMISSIBILITY

CLASSES OF EVIDENCE ACCORDING TO FORM:

A. OBJECT EVIDENCE

Those addressed to the senses of the court. Object evidence, also known as real
evidence, demonstrative evidence, autoptic preference and physical evidence, is that
evidence which is addressed to the senses of the court 1. It is not limited to the view of an
object. It extends to the visual, auditory, tactile, gustatory, and olfactory. It is considered as
evidence of the highest order.

Object Evidence Include the ff-

1. Any article or object which may be known or perceived by the use of the senses;
2. Examination of the anatomy of a person or of any substance taken therefrom;
3. Conduct of tests, demonstrations or experiments; and
4. Examination of representative portrayals of the object in question (e.g. maps, diagrams)

Requisites for Admissibility of Object Evidence

It must –RAH-PA
1. Be relevant to the fact in issue;
2. Be authenticated before it is admitted;
3. Not be hearsay;
4. Not be privileged; and
5. Meet any additional requirement set by law

Purposes of Authentication of Object Evidence

1. Prevent the introduction of an object different from the one testified about; and
2. Ensure that there has been no significant changes in the object’s condition.

General rule: When object is relevant to the fact in issue, it may be exhibited to, examined
or viewed by the court.

Exceptions: Court may refuse introduction of object evidence and rely on testimonial alone
if:
1) Its exhibition is contrary to public policy, morals or decency; or
2) It would result in delays, inconvenience, unnecessary expenses, out of proportion to
the evidentiary value of such object2; or
3) The evidence would be confusing or misleading3 ; or
4) The testimonial or documentary evidence already presented clearly portrays the
object in question as to render a view thereof unnecessary.4

Note:
If a view of the object is necessary in the interest of justice, such repulsive or
indecent object may still be exhibited, but the court may exclude the public from such

1
Sec. 1 Rule 130, 2019 Rules of Evidence.
2
People v. Tavera (ocular inspection)
3
People v. Saavedra
4
Regalado, Vol. II, p. 716, 2008 ed.
 Notes in Evidence
Prepared by:
Atty. Esperanza LM. Aggalao-Ticangan
view. Such view may not be refused if the indecent or immoral objects constitute the
very basis of the criminal or civil action (e.g. obscene pictures or exhibits).

CATEGORIES OF OBJECT EVIDENCE

1. Unique objects – those that have readily identifiable marks (e.g. a calibre 40 gun with serial
number XXX888)
2. Objects made unique – those that are readily identifiable (e.g. a bolo knife used to hack a
victim which could be identified by a witness in court)
3. Non-unique objects – those which have no identifying marks and cannot be marked (e.g.
footprints left at a crime scene)

DEMONSTRATIVE EVIDENCE
Real Evidence
Tangible object that played some actual role
in the matter that gave rise to the litigation
Intends to prove that the object is used in the
underlying event
Demonstrative Evidence
Tangible evidence that merely illustrates a
matter of importance in the litigation.
Intends to show that the demonstrative object
fairly represents or illustrates what it is
alleged to be illustrated

Rules Relative to Object Evidence:

1. VIEW OF AN OBJECT OR SCENE

An ocular inspection which is a discretionary act of the trial court to go to the place
where the object is located, when the object evidence cannot be brought in court.
Note: An ocular inspection conducted by the judge without the presence of the parties or due
notice is not valid, as an ocular inspection is part of the trial.

2. CHAIN OF CUSTODY IN RELATION TO SECTION 21 OF THE COMPREHENSIVE

DANGEROUS DRUGS ACT OF 2002
A method of authenticating evidence. It requires that the admission of an exhibit be
preceded by evidence sufficient to support a finding that the matter in question is what the
proponent claims it to be. It would include testimony about every link in the chain, from the
moment the item was picked up to the time it is offered into evidence, in such a way that every
person who touched the exhibit would describe how and from whom it was received, where it
was and what happened to it while in the witness’ possession, the condition in which it was
received and the condition in which it was delivered to the next link in the chain. These
witnesses would then describe the precautions taken to ensure that there had been no change
in the condition of the item and no opportunity for someone not in the chain to have possession
of the same.5

Links in the Chain of Custody

 First, the seizure and marking of the confiscated drugs recovered from the accused;
 Second, the turnover of the illegal drug seized by the apprehending officer to the
investigating officer;
 Third, the turnover by the investigating officer of the illegal drug to the forensic chemist
for laboratory examination; and

5
Lopez v. People, G.R. No. 172953, Apr. 30, 2008
 Notes in Evidence
Prepared by:
Atty. Esperanza LM. Aggalao-Ticangan
 Fourth, the turnover and submission of the marked illegal drug by the forensic chemist to
the court.6

Purpose of Chain of Custody

To guaranty the integrity of the physical evidence and to prevent the introduction of
evidence which is not authentic but where the exhibit is positively identified the chain of custody
of physical evidence is irrelevant.7

When is there a need to establish a chain of custody

It is necessary when the object evidence is nonunique as it is not readily identifiable,
was not made identifiable or cannot be made identifiable8

3. RULE ON DNA EVIDENCE (A.M. NO. 06-11-5-SC)

Rules on DNA Evidence apply whenever DNA evidence is offered, used, or proposed to
be offered or used as evidence in all criminal and civil actions as well as special proceedings.9

DNA (deoxyribonucleic acid)

Is the chain of molecules found in every nucleated cell of the body. 10It is the
fundamental building block of a person’s entire genetic make-up, which is found in all human
cells and is the same in every cell of the same person.11

DNA evidence
It constitutes the totality of the DNA profiles, results and other genetic information
directly generated from DNA testing of biological samples.12

DNA testing
It means verified and credible scientific methods which include the extraction of DNA
from biological samples, the generation of DNA profiles and the comparison of the information
obtained from the DNA testing of biological samples for the purpose of determining, with
reasonable certainty, whether or not the DNA obtained from two or more distinct biological
samples originates from the same person (direct identification) or if the biological samples
originate from related persons (Kinship Analysis). 13

APPLICATION FOR DNA TESTING ORDER

Before a suit or proceeding is commenced, DNA testing can be conducted absent a prior
court order at the behest of any party, including law enforcement agencies. 14However, in
pending actions, the appropriate court may, at any time issue a DNA testing order either motu
proprio or upon application of any person who has a legal interest in the matter in litigation after
due hearing and notice to the parties and upon showing of the following: E-Ns/s-St-Sp-E

6
People vs. Kamad, 610 SCRA 295
7
Riano, Evidence: A Restatement for the Bar, p. 149, 2009 ed.
8
Ibid.
9
Section 1, A.M. No. 06-11-5-SC Rule on DNA Evidence October 15, 20027.
10
Section 3, A.M. No. 06-11-5-SC Rule on DNA Evidence October 15, 20027.
11
People v. Umanito, G.R. No. 172607, Oct. 26, 2007
12
Section 3, A.M. No. 06-11-5-SC Rule on DNA Evidence October 15, 20027.
13
Ibid.
14
Section 4, A.M. No. 06-11-5-SC Rule on DNA Evidence October 15, 20027.
 Notes in Evidence
Prepared by:
Atty. Esperanza LM. Aggalao-Ticangan
1. A biological sample exists that is relevant to the case;
2. The biological sample (i) was not previously subjected to the type of DNA testing now
requested; or (ii) was previously subjected to DNA testing, but the results may require
confirmation for good reasons; 3. The DNA testing uses a scientifically valid technique;
4. The DNA testing has the scientific potential to produce new information that is relevant to the
proper resolution of the case; and
5. The existence of other factors, if any, which the court may consider as potentially affecting
the accuracy or integrity of the DNA testing.15

Possible results of DNA Testing:

1. The samples are similar, and could have originated from the same source (Rule of
Inclusion). In such a case, the analyst proceeds to determine the statistical significance of the
similarity.

2. The samples are different hence it must have originated from different sources (Rule of
Exclusion). This conclusion is absolute and requires no further analysis;

3. The test is inconclusive. This might occur due to degradation, contamination, failure of some
aspect of protocol, or some other reasons. Analysis might be repeated to obtain a more
conclusive result.16

Court’s Considerations in Assessing the Probative Value of DNA Evidence:

1. How the samples were collected;
2. How they were handled;
3. The possibility of contamination of the samples;
4. The procedure followed in analyzing the samples;
5. Whether the proper standards and procedures were followed in conducting the tests;
and
6. The qualification of the analyst who conducted the test.

Post-Conviction DNA Testing

Post-conviction DNA testing may be available, without need of prior court order, to the
prosecution or any person convicted by final and executory judgment.

Requisites for the Applicability of the Post-conviction DNA Testing

1. Existing biological sample;
2. Such sample is relevant to the case; and
3. The testing would probably result in the reversal or modification of the judgment of
conviction.17

Remedy; Post-conviction DNA Testing Result is Favorable to the Convict

The convict or the prosecution may file a petition for a writ of habeas corpus18 in the
court of origin. In case the court, after due hearing, finds the petition to be meritorious, it shall

15
Ibid.
16
People v. Vallejo, G.R. No. 144656, May 9, 2002.
17
Section 6, A.M. No. 06-11-5-SC Rule on DNA Evidence October 15, 20027.
18
Literally means "to bring the body", and in context it refers to an order issued by a court to a person detaining another, to produce
the body of the prisoner at a certain time and place, and to show sufficient cause for holding in custody the individual.
 Notes in Evidence
Prepared by:
Atty. Esperanza LM. Aggalao-Ticangan
reverse or modify the judgment of conviction and order the release of the convict, unless
continued detention is justified for a lawful cause.19

19
Section 10, A.M. No. 06-11-5-SC Rule on DNA Evidence October 15, 20027.