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10. What are the 2 categories of documents as evidence?

Cite an example for the


following:

(a) Writings - This category includes documents that are traditionally written or
typed, such as letters, contracts, reports, diaries, and emails. These are
documents where the information is conveyed through written text.
(b) Any other material containing modes of written expressions. - This category
includes documents that may not be traditionally written or typed but still convey
information through symbols, marks, or other forms of written expression. This can
include things like maps, diagrams, charts, drawings, and even digital documents
that contain graphical or visual elements conveying information.

11. State the Original Document Rule under Sec. 3, Rule 130 of the 2019
Amendments to the RROE)
- The Original Document Rule in Section 3, Rule 130 of the 2019 Amendments to the
Revised Rules of Evidence states that, generally, only the original document is
admissible as evidence when its contents are in question. Exceptions include cases
where the original document is unavailable or its absence is explained, allowing
for the admission of secondary evidence. Copies may be admissible if properly
certified or if they meet specific requirements. However, the primary principle is
to present the original document whenever possible for reliability and accuracy.

12. What is “original” of a document? (Items a, b, and c of Sec. 4, Rule 130 of


the 2019 Amendments to RROE).
- The "original" of a document, as outlined in Section 4, Rule 130 of the 2019
Amendments to the Revised Rules of Evidence, can take several forms: It can be the
writing or any counterpart intended to have the same effect as the original, a
mechanical or electronic reproduction or counterpart of the original as long as it
accurately reproduces it, or a counterpart produced by a mechanical or electronic
re-recording of the original impression, signal, data, or image, among other
possibilities. These provisions allow for flexibility in admitting evidence and
recognize advancements in technology while ensuring the integrity and reliability
of the evidence presented in court.

13. What are exceptions to the Original Document Rule?


- Exceptions to the Original Document Rule permit the admission of secondary
evidence when the original document is unavailable or its absence is satisfactorily
explained. Copies may be admissible if certified as true copies by the custodian or
meet requirements for admission as duplicates or counterparts, ensuring flexibility
in evidence presentation while maintaining reliability.

14. What are the procedural requirements in the presentation of Secondary


Evidence under Section 5, Rule 130 when the original document is unavailable?
- When the original document is unavailable, presenting secondary evidence under
Section 5, Rule 130 necessitates meeting procedural requirements. This includes
offering a satisfactory explanation for the unavailability of the original
document, providing secondary evidence such as copies, and adhering to court
procedures for its admission. These steps ensure the reliability and authenticity
of the evidence presented in court.

15. What are the procedural requirements in the presentation of Secondary


Evidence under Section 6, Rule 130 when the original document is in the adverse
party’s custody or control?
- When the original document is in the adverse party's custody or control,
presenting secondary evidence under Section 6, Rule 130 requires specific
procedural steps. This includes providing reasonable notice to the adverse party of
the intention to introduce secondary evidence, requesting the production of the
original document if necessary, and introducing secondary evidence if the original
document is not produced despite court orders. These procedures ensure fairness and
transparency in evidence presentation.

16. What are the procedural requirements in the presentation of Secondary


Evidence under Section 7, Rule 130 re Summaries?
- When presenting secondary evidence in the form of summaries under Section 7, Rule
130, procedural requirements include providing reasonable notice to the adverse
party, making the original documents available for inspection, and ensuring the
accuracy and fairness of the summary. These measures aim to promote transparency,
fairness, and accuracy in the presentation of evidence.

17. What are the procedural requirements in the presentation of Certified Copy
under Section 8, Rule 130 when the original document is a public record?
-
When presenting a certified copy of a public record as secondary evidence under
Section 8, Rule 130, procedural requirements include certification by the
custodian, identification of the custodian, certification under official seal, and
providing reasonable notice to the adverse party. These measures ensure the
authenticity and reliability of the certified copy in court proceedings.

18. Is the party who calls for production of the original document bound to offer
it as evidence? Provide legal basis.
- The party who requests the production of the original document is generally
obligated to offer it as evidence if it is material to the case, based on the "best
evidence rule" or the "original document rule" outlined in Section 3, Rule 130 of
the Rules of Court. This rule mandates that no evidence shall be admissible other
than the original document itself, except in specific circumstances. Therefore, if
a party requests the original document, they are expected to present it as evidence
unless they can provide a satisfactory explanation for its unavailability or unless
secondary evidence is permissible under the rules.

19. What is Parol Evidence Rule under Section 10, Rule 130 of the 2019 Amendments
to RROE?
- The Parol Evidence Rule, as outlined in Section 10, Rule 130 of the 2019
Amendments to the Revised Rules of Evidence, prohibits the introduction of
extraneous evidence to contradict, vary, or supplement the terms of a written
agreement that represents the final expression of the parties' understanding. This
rule applies when the written agreement is intended to be the complete and final
representation of the parties' agreement, aiming to uphold the integrity and
finality of written contracts by preventing the alteration of their terms with oral
or extrinsic evidence.

20. What are the exceptions to the Parol Evidence Rule?


- Exceptions to the Parol Evidence Rule permit the admission of extrinsic evidence
despite a written contract in specific circumstances. These exceptions include
evidence of mistake or fraud, partial integration of the written contract,
ambiguity in the contract's terms, collateral agreements, and conditions precedent
or subsequent. These exceptions aim to ensure fairness and equity in contractual
disputes by allowing the consideration of additional evidence when necessary.

21. How do you interpret documents? Cite the following rules under the 2019
Amendments to RROE:

(a) Section 11, Rule 130 – Interpretation of a writing according to its legal
meaning.
- Section 11, Rule 130 of the Revised Rules of Evidence directs that a document
should generally be interpreted according to its legal meaning, unless the context
suggests otherwise. This rule ensures consistency and clarity in the interpretation
of legal documents by applying established legal definitions and principles.
(b) Section 12, Rule 130 – Instrument construed so as to give effect to all
provisions.
- Section 12, Rule 130 of the Revised Rules of Evidence requires that any legal
instrument, such as a contract, be interpreted in a way that gives effect to all of
its provisions. This ensures that every part of the instrument is considered and
given meaning, reflecting the intentions of the parties involved in its creation.
The rule emphasizes the importance of avoiding interpretations that would render
any provision meaningless or irrelevant.

(c) Section 13, Rule 130 – Interpretation according to intention; general and
particular provisions.
- Section 13, Rule 130 of the Revised Rules of Evidence emphasizes that in
interpreting a document, the primary focus should be on discerning the intention of
the parties involved. This involves considering both the general intention of the
parties and the specific intentions expressed within the provisions of the
document. The rule highlights the importance of giving effect to the collective
intent of the parties as reflected in the language and content of the document.

(d) Section 14, Rule 130 – Interpretation according to circumstances.


- Section 14, Rule 130 of the Revised Rules of Evidence advises that when
interpreting a document, one should consider the surrounding circumstances at the
time of its creation or execution. This entails examining factors such as the
document's purpose, background, and the knowledge of the parties involved. By
considering these circumstances, the aim is to determine the true intent behind the
document's provisions.

(e) Section 15, Rule 130 – Peculiar signification of terms.


- Section 15, Rule 130 of the Revised Rules of Evidence dictates that terms used in
a document should be interpreted according to their specialized or technical
meanings if they have acquired such meanings within a specific trade, business, or
profession. This acknowledges that certain terms may have distinct interpretations
within particular contexts, and these interpretations should be taken into account
when interpreting the document.

(f) Section 16, Rule 130 – Written words control printed.


- Section 16, Rule 130 of the Revised Rules of Evidence dictates that if there is a
conflict between written words and printed words in a document, the written words
take precedence over the printed ones. This rule prioritizes the intentional
expression through writing over pre-printed or generic language, ensuring that the
specific intentions conveyed through written words are given greater importance in
the interpretation of the document.

(g) Section 17, Rule 130 – Experts and interpreters to be used in explaining
certain writings.
- Section 17, Rule 130 of the Revised Rules of Evidence permits the use of experts
and interpreters to elucidate the meaning of technical terms, codes, symbols, or
other specialized language found in certain writings. This provision acknowledges
that some documents may require specialized knowledge or expertise to interpret
accurately, allowing qualified individuals to provide assistance in deciphering
their contents.

(h) Section 18, Rule 130 – Of 2 constructions, which preferred.


- Section 18, Rule 130 of the Revised Rules of Evidence specifies that if a
document can be interpreted in two different ways, one of which renders it valid
while the other renders it void, the interpretation that upholds its validity is
preferred. This rule ensures that interpretations of documents lean towards
maintaining their validity rather than nullifying them.

(i) Section 19, Rule 130 – Construction in favor of natural right.


- Section 19, Rule 130 of the Revised Rules of Evidence mandates that when
interpreting a document with two possible interpretations, one favoring natural
rights and the other opposing them, the interpretation that supports natural rights
takes precedence. This rule emphasizes the importance of prioritizing the
protection and enhancement of individuals' inherent rights and freedoms in document
interpretation.

(j) Section 20, Rule 130 – Interpretation according to usage.


- Section 20, Rule 130 of the Revised Rules of Evidence advises that language in a
document should be interpreted based on common and ordinary usage, particularly
when it lacks ambiguity. This rule emphasizes the importance of considering how
words are commonly understood in everyday language when interpreting documents.

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