P LT C O L L E G E I N C O R P O R AT E D

C O L L E G E O F C R I M I N A L J U S T I C E E D U C AT I O N

EVIDENC
E
CHAPTER TEST
WORDS
TO
PONDER
AMBIGUITY
INTRINSIC
AMBIGUITY
 is the lack of clarity in a written agreement,
making its terms unclear or open to multiple
interpretations.
 means language in an agreement has more than
one meaning
 They are either
(a) latent or intrinsic
(b) patent or extrinsic and
(c) intermediate ambiguity.
 INTRINSIC OR LATENT
The instrument/document itself is clear and
certain on its face but the ambiguity arises
from some extrinsic, collateral or outside
factor, thus there is an uncertainty as to how
the terms are to been forced.
EXTRINSIC OR PATENT
the uncertainty is very clear
and apparent on the face of the
document and can easily be
seen by simply reading the
terms/contents of the
document.(No amount of
evidence will clear the
ambiguity).
INTERMEDIATE
Where the ambiguity consists in the
use of equivocal (capable of several
interpretations) words/terms/phrases
or descriptions of persons or property.
Parol evidenced is admissible to
ascertain which sense or meaning or
interpretation was intended by the
parties.

It is of two kinds: Aside from being clear and

(i) when the description of the person or
property is clear but it turns out the
description fits two or more persons or
things and
(ii) where the description of the person or
object is imperfect or erroneous so as
to leave doubt what person or object is
referred to.
apparent, the ambiguity is
permanent and incurable. It
cannot be removed or
explained even with the use of
extrinsic aids or construction or
interpretation.

Curable by Evidence aliunde Cannot be cured by evidence Curable by evidence aliunde

aliunde
ELECTRONIC It refers to any distinctive mark, characteristic and/or
SIGNATURE sound in electronic form, representing the identity of
a person and attached to or logically associated with
the electronic data message or electronic document
or any methodology or procedure employed or
adopted by a person and executed or adopted by
such person with the intention of authenticating,
signing or approving an electronic data message or
electronic document. For purposes of these Rules, an
electronic signature includes digital signatures [Sec. 1
(j), Rule 2].
ELECTRONIC
SIGNATURE How is an electronic signature authenticated?
1. By evidence that a method or process was
utilized to establish a digital signature and verify
the same;
2. By any other means provided by law; or
3. By any other means satisfactory to the judge as
establishing the genuineness of the electronic
signature (Sec. 2, Rule 6).
AUTHENTICATION
 It is proving the due execution and genuineness of the
document.

> What is document?

- It is a deed, instrument or other duly authorized
paper by which something is proved, evidenced or
set forth. (Bermejo v. Barrios, G.R. No. L-23614,
Feb. 27, 1970)
PAROL EVIDENCE PAROL EVIDENCE
It is any evidence aliunde (extrinsic evidence) which is
intended or tends to vary or contradict a complete and
enforceable agreement embodied in a document
(Regalado, Vol. II, p. 730, 2008 ed.). It may refer to
testimonial, real or documentary evidence.

What is the rationale of the parol evidence rule?

1. To give stability to written statements;
2. To remove the temptation and possibility of perjury;
and
3. To prevent possible fraud.
DUPLICATE
 Rule 101(4) states that a duplicate is a counterpart

produced by the same impression as the original by

mechanical or electronic re-recording, or by other

equivalent techniques which accurately reproduces the

original.