ST. ELIZABETH GLOBAL SKILLS INSTITUTE, INC.

Esguerra Dist., Maharlika Highway, Talavera, Nueva Ecija

CRIMINOLOGY DEPARTMENT

EVIDENCE
1st Semester A.Y. 2021-2022

MODULE 2

Learning Objectives:
At the end of the module 1, you should able to:
1. Learn the basic concepts in Admissibility of Evidence;

RULE 130
RULES ON ADMISSIBILITY

Section 1. Object as evidence

Where an object is relevant to a fact in issue, the court may

acquire knowledge thereof by actually viewing the object, in
which case such object becomes object evidence or by receiving
testimonial evidence thereon.

The fact that an ocular inspection has been held does not
preclude a party from introducing other evidence on the same
issue.

Whether an ocular inspection is to be made or not lies in the

discretion of the trial court. An ocular inspection conducted by
a judge without notice to or presence of the parties is invalid
as an ocular inspection is a part of the trial.

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THE COURT MAY REFUSE THE INTRODUCTION OF OBJECT EVIDENCE AND RELY
ON TESTIMONIAL EVIDENCE ALONE IF:

1. the exhibition of such object is contrary to morals or

decency;
2. to require its being viewed in court or in an ocular
inspection would result in delays, inconvenience, unnecessary
expenses out of proportion to the evidentiary value of such
object;
3. such object evidence would be confusing or misleading, as when
the purpose is to prove the former condition of the object and
there is no preliminary showing that there has been no
substantial change in said condition;
4. the testimonial or documentary evidence already presented
clearly portrays the object in question as to render a view
thereof unnecessary.

Even if the object is repulsive or indecent, if a view of the

same is necessary in the interest of justice, such evidence may
still be exhibited but the court may exclude the public from such
view.

Object evidence includes any article or object which may be known

or perceived by the use of any of the senses.

Example: examination of the anatomy of a person or of any

substance taken therefrom, or the examination of the
representative portrayals of the object in question, such as
maps, diagrams or sketches, pictures or audio-visual recordings,
provided the same are properly authenticated.

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Just like ocular inspection, which are only auxiliary remedies
afforded to the court, such observations of the court may be
amplified by interpretations afforded by testimonial evidence,
especially by experts.

NOTE: Documents are object evidence if the purpose is to prove

their existence or condition, or the nature of the handwriting
thereon, or to determine the age of the paper used, or the
blemishes or alterations thereon, as where falsification is
alleged. Otherwise, they are considered documentary evidence if
the purpose is to establish the contents or tenor thereof.

Object evidence may consist of articles or persons, which may be

exhibited inside or outside the courtroom; it may also be a mere
inspection of an object or an experiment.

OBJECT EVIDENCE - is a tangible object that played some actual

role on the matter that gave rise to the litigation. For
instance, a knife.

DEMONSTRATIVE EVIDENCE - is a tangible evidence that merely

illustrates a matter of importance in the litigation such as
maps, diagrams, models, summaries and other materials created
especially for litigation.

The DISTINCTION between object and demonstrative evidence is

important because it helps determine the standards that the
evidence must meet to be admissible. For OBJECT EVIDENCE, the
required foundation relates to proving that the evidence is
indeed the object used in the underlying event. The foundation
for DEMONSTRATIVE EVIDENCE, does not involve showing that the
object was the one used in the underlying event, but the

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foundation generally involves the showing that the demonstrative
object fairly represents or illustrates what it is alleged to
illustrate.

Physical evidence is the highest form of evidence.

REQUISITES FOR THE ADMISSIBILITY OF THE OBJECT EVIDENCE:

1. Must be relevant to the fact in issue.

Example: In murder case, the prosecution offered in evidence a

gun. The gun must have some connection to the crime. There must
be a logical nexus between the evidence and the point on which it
is offered.

2. Object must be authenticated before it is admitted.

Authentication usually consists of showing that the object was
involved in underlying event.

The “chain of custody” method of authentication requires that

every link in the chain of custody – every person who possessed
the object since it was first recognized as being relevant to the
case, must explain what he did with it.

In order that photographs may be given as evidence, it must be

shown that it is the true and faithful representation of the
place or object which to which they refer. Photographs may be
verified by the photographer or any person acquainted with the
object represented and testify that the same faithfully
represents the object.

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For tape recordings, the ff. must be shown:

1. the recording device was capable of recording testimony

2. the operator of the device was competent
3. establishment of the correctness or authenticity of the
recording
4. deletions, additions, changes have not been made
5. manner of the preservation of the recording
6. identification of the speakers
7. Testimony elicited was voluntarily made. Authenticated
fingerprints may be compared to fingerprints found on the crime
scene.

Two theories on whether the court may compel the plaintiff to

submit his body for inspection in personal injury cases:

1. No, because the right of a person to be secured of the

possession or control of his person is sacred.

2. Yes, because if it is not allowed then the court will be an

instrument of the grossest injustice and therefore the object for
which courts are instituted would be defeated since the courts
will be compelled to give a onesided decision. Weight of
authority favors the first 2nd theory The accused may be
compelled to submit himself to an inspection of his body for the
purpose of ascertaining identity or for other purpose.

There cannot be any compulsion as to the accused taking dictation

from the prosecuting officer for the purpose of determining his
participation in the offense charged.

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Whenever the defendant, at the trial of his case, testifying in
his own behalf, denies that a certain writing or signature is in
his own hand he may on cross-examination be compelled to write in
open court in order that the jury may be able to compare his
handwriting with the one in question.

Where the object in question cannot be produced in court because

it is immovable or inconvenient to remove, it is proper for the
tribunal to go to the object in its place and there observe it.

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 ST. ELIZABETH GLOBAL SKILLS INSTITUTE, INC.
Esguerra Dist., Maharlika Highway, Talavera, Nueva Ecija
CRIMINOLOGY DEPARTMENT

ACTIVITY NO. 2

NAME:__________________________________ RATING:________________
SECTION:_________ DATE:__________ PROFESSOR:___________________

INSTRUCTION. Answer the following questions briefly. Utilization

of additional sheet of paper if necessary is permissible. (10 pts
each)

1. Distinguish Object Evidence from Demonstrative Evidence.

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2. How is object evidence admitted?.

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