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TESTIMONIAL EVIDENCE DISQUALIFICATIONS MENTAL INCAPACITY / IMMATURITY MARITAL DISQUALIFICATION DEAD MAN’S STATUTE
PRIVILEGED MARITAL COMM.
PERSONS DISQUALIFIED Those whose mental condition, at the time of their production for examination, is such that they are incapable of intelligently making known their perception Children whose mental maturity is such as to render them incapable of perceiving the facts respecting which they are examined and of relating them truthfully Spouses, with regard to testimony for or against the other spouse, without his / her consent Parties, or assignors of parties to a case, or persons in whose behalf a case is prosecuted, against an executor or administrator or other representative of a deceased person, or against a person of unsound mind Spouses
ATTORNEY OR HIS EMPLOYEE
Attorney or his secretary, stenographer, or clerk
MINISTER / PRIEST
A person authorized to practice medicine, surgery or obstetrics
Minister / priest
(1) Spouses are legally married. (2) The communication was confidential. (3) It was made during the marriage.
(1) Attorneyclient relation (2) Communication by client to attorney in the course of or with a view to professional employment
(1) Civil case (2) Physicianpatient relation (3) Advice or treatment given or information acquired during course of professional duty
(1) Communication made to public officer (2) Communication made in official confidence (3) Public interest would
or any fact the knowledge of which was acquired by the clerk. or the latter’s direct (1) Civil case by One against the other.Evidence Handbook (4) Information was necessary for performance of professional duty (5) The disclosure would tend to blacken the patient's reputation PERIOD OF DISQUALIFICATION SCOPE OF DISQUALIFICATION During the marriage Any matter of fact occurring before the death of such deceased person. or with a view to professional employment. or the latter’s direct . which information was necessary to enable him to act in that capacity Any confession made to or any advice given by him in his professional character in the course of discipline enjoined by his church suffer by the disclosure of the communication During his term of office or afterwards Communications made to him in official confidence EXCEPTIONS (1) Civil case by one against the other. (2) Criminal Case for crime committed by one against the other. (2) Criminal case for crime committed by one against the other. stenographer or secretary in his capacity as such Any advice or treatment given by him or any information which he may have acquired in attending such patient in a professional capacity. or before such person become of unsound mind During or after the marriage Any communication received in confidence during the marriage Any communication made by the client to the attorney or his advice given thereon in the course of.
Before the answer to the question for its revelation Consent of the spouse descendants / ascendants Consent of the spouse Consent of the client Client Consent of the patient Patient Consent of the person making confession Yes Yes . by failure to make a timely objection.Evidence Handbook descendants / ascendants HOW DISQUALIFICATION CURED WHO MAY INVOKE / OBJECT MAY IT BE WAIVED? WHEN TO BE OBJECTED TO Yes.
(3) The witness testifying to the reputation or tradition regarding the pedigree of the person concerned must be a member of the family of said person. (5) The relationship between the declarant and the person whose pedigree is in question must be shown by evidence other than such act or declaration. (3) The declaration relates to the facts or circumstances pertaining to the fatal injury or death. (3) The circumstances must render it improbable that a motive to falsify 3 existed. (2) DECLARATION AGAINST INTEREST Requisites: 3 (1) Declarant must be deceased or unable to testify. Requisites: (1) The facts must be of public or general interest and more than 30 years old. (2) Marriage and related facts. (2) The reputation or tradition of the pedigree of the person concerned existed previous to the controversy. (4) Declarant would have been competent to testify had he survived. (2) The preliminary facts which bring the declaration within its scope must be made to appear. . (4) FAMILY REPUTATION OR TRADITION REGARDING PEDIGREE Requisites: (1) There is controversy in respect to the pedigree of any members of a family. (3) Declarant must be a relative of the person whose pedigree is in question. (5) COMMON REPUTATION Matters that may be established by common reputation: (1) Facts of public or general interest more than 30 years old. (3) Individual moral character. either by consanguinity or affinity. (3) Third persons Admissible against: (3) ACT OR DECLARATION ABOUT PEDIGREE PEDIGREE: history of family descent which is transmitted from one generation to another by both oral and written declarations and by traditions. (2) Necessity that pedigree be in issue.: Requisites: • (1) Declarant is dead or unable to testify. (1) Declarant. Includes the ff. (2) Declarant’s successors-in-interest. (4) Declaration must be made before the controversy occurred.Evidence Handbook EXCEPTIONS TO THE HEARSAY RULE: (1) DYING DECLARATION Requisites: (1) Death is imminent and declarant is conscious of that fact. (2) The declaration must concern a fact cognizable by declarant.
statements or exclamations made immediately after some exciting occasion by a participant or spectator and asserting the circumstances of that occasion as it is observed by him.e. desired to give a legal effect. Verbal acts must be contemporaneous with equivocal act. Equivocal act must be relevant to the issue. Requisites: (1) There must be a startling occurrence. and (3) unblemished by any alterations or circumstances of suspicion. Verbal acts characterize or explain the equivocal act. (8) ENTRIES IN OFFICIAL RECORDS (9) COMMERCIAL LISTS AND THE LIKE (10) LEARNED TREATISES TESTIMONY OR DEPOSITION AT A FORMER PROCEEDING AUTHENTICATION AND PROOF OF DOCUMENTS When is evidence of the authenticity of a private document not necessary? When the document is: (1) more than 30 years old. (3) The reputation must have been one formed among a class of persons who were in a position to have some sources of information and to contribute intelligently to the formation of the opinion. (4) Entries were made in the ordinary or regular course of business or duties. (3) Entries must have been made by entrant in his professional capacity or in the performance of his duty.Evidence Handbook (2) The common reputation must have been ancient. Requisites: (1) (2) (3) (4) The act or occurrence must be equivocal. 30 years or one generation old. (3) The statement must be spontaneous. (2) The statement must relate to the circumstances of the startling occurrence. (b) Verbal Acts . (5) Entrant must be deceased or unable to testify. (6) PART OF THE RES GESTAE (a) Spontaneous statements . Sec. (2) Entrant must have been in a position to know the facts stated in the entries.utterances which accompany some act or conduct to which it is (7) ENTRIES IN THE COURSE OF BUSINESS Requisites: (1) Entries must have been made at or near the time of the transaction to which they refer. (2) produced from a custody in which it would naturally be found if genuine. 21) . i. (4) The common reputation must have been existing prior to the controversy. (Rule 132.
. (2) collusion between the parties. or (2) By a copy attested by the officer having the legal custody of the record. Sec. 22) How may official records be proved? (1) By an official publication thereof. or was made with the consent of the parties affected by it. (Rule 132. Sec. (Rule 132. or was otherwise properly or innocently made. 24) How may a judicial record be impeached? By evidence of: (1) want of jurisdiction in the court or judicial officer. or proved to be genuine to the satisfaction of the judge. the certification must be authenticated by the seal of his office. In all these cases. or (3) fraud in the party offering the record. or by his deputy. consul. in respect to the proceedings. Note: If the record is not kept in the Philippines. Sec. or (b) the court with writings admitted or treated as genuine by the party against whom the evidence is offered. the attestation must be accompanied with a certificate that such officer has the custody. 29) How must alterations be accounted for? The party producing a document as genuine may show that the alteration: (1) (2) (3) (4) was made by another without his concurrence. vice-consul. the certificate may be made by: (1) (2) (3) (4) (5) (6) secretary of the embassy or legation. (2) It may also be proved by way of comparison. or any officer of the foreign service of the Philippines stationed in the foreign country in which the record is kept. or did not change the meaning or language of the instrument. (Rule 132.Evidence Handbook How may the genuineness of handwriting be proved? (1) It may be proved by any witness who believes it to be the handwriting of such person because: (a) he has seen the person write. made by: (a) the witness. If the office in which the record is kept is in a foreign country. consular agent. consul-general. or (b) he has seen writing purporting to be his upon which the witness has acted or been charged and has thus acquired knowledge of the handwriting of such person.
.Evidence Handbook What is the effect of failure to explain alterations in a document? The document shall not be admissible in evidence.