1. Original Document Rule (Best Evidence Rule).

2. Parol Evidence Rule.

3. Marital Disqualification Rule.
4. Attorney-Client Privilege.
5. Hearsay rule and its exceptions.

. Q. Proponent presents in evidence a photocopy of a letter written by the adverse party

without accounting for the non-production of the original letter. The adverse party objects on
the ground of the original document rule. Should the objection be sustained?

A. No, the objection should be overruled.

Under S4(c) R130, “[a] duplicate is admissible to the same extent as an original unless (1) a
genuine question is raised as to the authenticity of the original, or (2) in the circumstances, it is
unjust or inequitable to admit the duplicate in lieu of the original.

FAQ
ODR applies only to documentary evidence not to testimonial/oral or object evidence.

S3(b) R130 actually refers to 2 distinct exceptions.

The 1stpart refers to the situation where the original is in the custody of the adverse party.
Mere notice is sufficient to avail of secondary evidence.
The 2ndpart refers to the situation where the original is in the custody of a third person. Local
judicial process must be resorted to.

MDR V MCP

PHYSICIAN/PSYCHOTHERAPIST-PATIENT PRIVILEGE
FAQ
• Applies only to civil cases. Law and order considerations override the privilege in criminal
cases

. OUT-OF-COURT STATEMENTS (HARI)

•
1. HEARSAY. NA
2. ADMISSIONS. (PARTY & VICARIOUS) A
3. RES INTER ALIOS ACTA. NA
4. INDEPENDENTLY RELEVANT STATEMENTS. A

FAQ
•
Res inter alios acta rule is applicable only to out-of-court statements. In-court statements may
be offered against a party.

Exception to Hearsay rule (Hearsay inadmissible in evidence)

Dying Declaration
• Applies to both criminal and civil cases.
Requirements: DICC
1. Declarant should die.
2. Death is the subject of inquiry in the case.
3. Declarant conscious of impending death.
4. Declaration relates to cause and circumstances surrounding declarant’s death.
Interface with res gestae
•
A statement which is not admissible as a dying declaration may usually be admitted as part of
the res gestae(excited utterance) if it satisfies the requirements thereof.

IRS
A medical report is hearsay when the doctor who prepared the same did not testify in court,
even if the defense counsel agreed to the stipulation that the rape victim submitted herself to a
medical examination. (Ppv Rondina, 30 June 2014).

Res gestae
Rule of Thumb
•If the statement was made at the time of or immediately before or after the startling
occurrence, it may be presumed that it was made under the stress of excitement caused by the
startling occurrence, but if it is removed in time from the occurrence, there must be a showing
that the declarant was still under the stress of excitement.

Lack of firsthand knowledge distinguished from hearsay

• Prosecution presents W who testifies that accused shot the victim. Defense knows that W was
in the U.S. at the time of the shooting, which happened in the PH. Defense can object on the
ground of lack of firsthand knowledge.

Prosecution presents W who testifies that he heard David say that accused shot victim. The
proper objection is not lack of firsthand knowledge but hearsaysince W is reporting an out-of-
court statement.

IMPEACHMENT OF WITNESS
How adverse party’s witness impeached (RICC)
1. Reputation for honesty, integrity, or truth (HIT) is bad.
2. Inconsistent statement (S14 R132).
3. Contradictory evidence.
4. Conviction. (S12 R132)

How own witness impeached (RICC)

1. Inconsistent statement.
2. Contradictory evidence.
3. Conviction. (S12 R132)