RULE 130 Midterm
RULE 130 Midterm
RULE 130 Midterm
ADMISSIBILITY OF EVIDENCE
I. INTRODUCTION:
A. While Rule 128 declared the two general requirements for admissibility of
evidence, Rule 130 spells out the particular requirements in order that certain
kinds of materials be admitted as evidence.
B. Sources of Knowledge or Evidence
1. Those derived from the testimony of people whether oral or written
2. Those obtained from circumstances
3. Those obtained through the use of the senses
a). these are the coverage of Section 1 and are presently referred to as “Object
Evidence ” . Formerly they were referred top as “autoptic or demonstrative
evidence”
b). The occupy the highest level because nothing is more certain than the
evidence of our sense. “Physical evidence is a mute but eloquent manifestation of
truth and rates highly in the hierarchy of trustworthy evidence”
OBJECTS AS EVIDENCE
I. COVERAGE: The definition covers any material that may be seen, heard,
smelled, felt, or touched. They are the “sensual evidence” and are grouped into:
1. The process of proving that the object being presented in court is the very
object involved in the event
2. The purpose is two fold: (a) to /ensure preserve the Identity of the Object which
is to prevent the introduction of a different object and (b) to ensure/preserve the
Integrity of the Object which is to ensure that there are no significant changes or
alterations in the condition of the object or that the object has not been
contaminated
3. Important component elements of the process of Authentication:
a). Proof of Identity: Through the testimony of a witness as to objects which are
readily identifiable by sight provided there is a basis for the identification by the
witness which may either be:
(i) the markings placed by the witness upon the object, such as his initials, his
pictures in the digital camera, or
(ii) by the peculiar characteristics of the object i.e. by certain physical features
which sets it apart from others of the same kind or class by which it is readily
identified. Examples: a hole caused by burning in a sweater; the broken hilt of a
knife
b). Proof of Identity and Integrity: By proving that there was no break in the Chain-
of-Custody in the event the object passed into the possession of different persons.
This means proving the chronological sequence through which the object was
handled only by persons who, by reason of their function or office, can reasonably
be expected to have the right or duty to possess or handle the object. This is
done by calling each of these persons to explain how and why he came into the
possession of the object and what he did with the object.
(i) When the object passed into the possession of a stranger, then there is doubt
as to the integrity, if not identity of the object.
c). Proof of Integrity: By proving the Proper Preservation of the object which
consist of showing that the object was kept in a secure place as to make
contamination or alteration difficult, and it has not been brought out until its
presentment in court.
4. Effect if there was improper authentication: The object maybe excluded upon
proper objection, or that it may not be given any evidentiary value. Thus in a
criminal case, reliance thereon may be a ground for acquittal. Example: there was
conflicting testimony by the policemen as to the description of the bag allegedly
containing the drug. The conviction was reversed.
FACTS: The accused was convicted of libel. One of the evidence was a tape
recording of the radio broadcast which recording was made by the daughter of
the complainant, but the daughter was not however presented as a witness.
Question: Was the tape recoding properly admitted?
HELD: The person who actually recorded should be presented in order to lay the
foundation for the admission of the tape recording. Before a tape recording is
admissible in evidence and given probative value, the following requisites must
first be established:
(i). a showing that the recording devise was capable of taking testimony
(ii). a showing that the operator of the device was competent
(iii). establishment of the authenticity and correctness of the recording
(iv). a showing that changes, alterations, or deletions have not been made
(v). a showing of the manner of the preservation of the recording
(vi). identification of the speakers
(vii). a showing that the testimony elicited was voluntarily made without any kind
of inducement
A. The admission must not cause undue prejudice to the court, such as those
intended
B. The admission is subject to the demands of decency and propriety, unless the
admission is extremely necessary.
1. Exhibition of the private parts in sex cases
2. Presentation of the corpse or body parts
3. Re-enactment of violent or offensive acts
4. Examples:
a) The case of the old man accused of rape who had to show his private parts to
prove he is incapable of committing the crime
b). Case of William Alford charged of shooting a lawyer. He claimed self defense in
that he shot the victim who was beating him with a cane while the accused was
lying down on the ground. Prosecution witness claimed the bullet had driven
downward. Earl Rogers demanded that the intestine of the victim be brought to
court and by the testimony of an expert, showed that the bullet traveled upward
while the victim was bending over, thereby confirming the claim of the accused.
b). PP. vs. Taan, (506 SCRA 219, Oct. 30, 2006) “The non-presentation of the
subject firearm is not fatal for the prosecution as long as the existence of the
firearm can be established by testimony”
2. Where the articles however are not common or familiar to ordinary persons and
cannot be identified by sight, they must be presented in court. Example: drugs
and contraband items
1. The Daubert Test: The U.S. Supreme Court, in the case of Daubert vs. Menell
Dow Pharmaceuticals (1993) came up with a test of reliability and directed that
trial judges are to consider four factors when determining the admissibility of
scientific evidence, to wit:
a). whether the theory or technique can be tested
b). whether the proffered work has been subjected to peer review
c). whether the rate of error is acceptable
d). whether the method at issue enjoys widespread acceptance.
2. This Daubert Test was adopted by the Philippine Supreme Court when it finally
accepted the result of DNA testing as admissible evidence.
1. Paraffin Tests although they are not conclusive that a person did or did not fire
a gun
2. Lie Detection Test: The result is not admissible as evidence in the Philippines
3. Firearms Identification Evidence or Ballistic Test to determine whether a bullet
was fired from a particular gun
4. Questioned Document Test and Handwriting Analysis
5. Drug Tests on a Person
6. Toxicology or Test of Poison
7. Psychiatric examination
8. Voice Identification Test
8. Finger Printing
9. Identification through Dentures
10. Genetic Science such as DNA or Blood Test
A. Important terms involved in DNA Testing (or protocol) (PP vs. Vallejo, May 9,
2002; PP. vs. Yatar, 428 SCRA 504)
1. DNA ( Deoxyribonucleic acid) is a molecule found inside all living cells which
carries the genetic information that is responsible for all cellular processes.
Except for identical twins, each person’s DNA profile is distinct and unique.
2. DNA TYPING- the process of extracting and analyzing the DNA of a biological
sample taken from an individual or found in a crime scene.
a) Evidence Sample- material collected from the scene of the crime, from the
victim’s body or that of the suspect/subject
b) Reference Sample- material taken from the victim or subject
3. DNA PROFILE: the result of the process which is unique in every individual
except as to identical twins
4. DNA MATCHING- the process of matching or comparing the DNA profiles of the
Evidence Sample and the Reference Sample. The purpose is to ascertain whether
an association exists between the two samples.
1. PP vs. VALLEJO ( May 2002) and PP vs. YATAR ( 428 SCRA 504), adopting the
Dauber Test settled the admissibility of DNA tests as object evidence this wise:
“Applying the Dauber Test… the DNA evidence appreciated by the court a quo is
relevant and reliable since it is reasonably based on scientifically valid principles
of human genetics and molecular biology”.
C. Where Used:
VIII. Demonstrative Evidence: Tangible evidence i.e physical objects, which are
illustrate a matter of importance to the case but are not the very objects involved
in the case. They merely illustrate or represent or emphasize, visualize or make
more vivid what a party desires to emphasize. ( visual aids)
2. Importance: their use is very helpful as they provide a stronger impact and
lasting effect on the court.
DOCUMENTARY EVIDENCE
II. Rules governing the admissibility of documents include the Best Evidence Rule
and the Parole Evidence Rule.
A. “If the subject of inquiry is the contents of the document”. This means the
cause of action or defense is based on what are contained in the document i.e.
the terms and conditions, the entries, data or information written on the
document. This means the plaintiff is either enforcing a right based on, or
created, by a document or a party is seeking non-liability by virtue of the contents
of a document. Examples:
B. When the rule does not apply even if an existing and available original
document is involved:
a). when the question refers to the external facts about the document such as
whether it exists or not, whether it was executed, sent, delivered or received
b). when the writing is merely a collateral fact, as when a witness refers to a
writing of a conversation which he heard and then jotted down or when the
writing is used merely as a point of reference
c). when the contents were admitted
d). the writing is treated as an object
2. when there was failure to deny specifically under oath the due execution and
genuiness of the document ( Consolidated Bank vs. Del Monte Motors, July 29,
2005)
IV. Illustrations
1. The Marriage Contract as to the date, place, the parties and solemnizing officer
2. The Insurance Contract/Policy as to the coverage of the insurance
3. The deed of sale as to the consideration, terms and conditions of the sale
4. The lease contract as to the terms thereof
5. The sworn statement as to perjury
6. In case of libel based on a published article, the newspaper containing the
article
7. The certified copy of the original judgment of conviction to prove the prior
conviction to constitute recidivism or habitual delinquency
(i). Proof of the existence and the due execution of the original through the
testimonies of the persons who executed the document; the instrumental
witnesses; by an eyewitness thereof; who saw it after its execution and
recognized the signatures therein; by the person before whom it was
acknowledged, or to whom its existence was narrated
Exception: Ancient documents.
(ii). Proof of the fact of loss or destruction of the original through the testimonies
of (a) anyone who knew of the fact of the loss as in the case of an eyewitness to
the loss or testimony of the last custodian (b) any who made a diligent search in
the places where the original was expected to be in custody and who failed to
locate it (c) one specially tasked to locate but was unable to find the original, as
in the case of a detective.
If the original consists of several copies, all must be accounted for and proven to
be lost.
5. If the offeror failed to lay the proper foundation but the opposing party did not
make any objection, the secondary evidence may be treated as if it were on the
same level as the original and given the same weight as an original.
Illustration: PP. vs. Cayabayab (Aug. 03, 2005). In a rape case the prosecution
presented a photocopy of the birth certificate of the victim to prove her age and
which was not objected to. The admissibility and weight were later questioned in
the Supreme Court.
1. The best evidence to prove a person’s age is the original birth certificate or
certified copy thereof; in their absence, similar authentic documents maybe
presented such as baptismal certificates and school records. If the original or
certified true copy of the birth certificate is not available credible testimony of the
mother or a member of the family maybe sufficient under the circumstances. In
the event that both the birth certificate or authentic documents and the
testimonies of the victim’s mother or other qualified relatives are unavailable, the
testimony of the victim ( a minor 6 years of age) maybe admitted in evidence
provided it is expressly and clearly admitted by the accused.
2. Having failed to raise a valid and timely objection against the presentation of
this secondary evidence the same became a primary evidence and deemed
admitted and the other party is bound thereby.
2. Proof that the original is in the (a) actual physical possession/custody or (b)
control i.e. possession or custody by a third person for and in behalf of the
adverse party, as that of a lawyer, agent or the bank.
Maybe by the testimony of he who delivered the document; registry return receipt
by the Post Office or some other commercial establishments engaged in the
delivery of articles and the receipt thereof, or by one who witnessed the original
being in the possession of the adverse party.
3. Proof that reasonable notice was given to the adverse party to produce the
original: the notice must specify the document to be produced.
a) If the documents are self incriminatory, notice must still be sent as the adverse
party may waive the right
b) The notice may be a formal notice or an-on-the-spot oral demand in court if the
documents are in the actual physical possession of the adverse party.
C. Proof of the contents is by the same secondary evidence as in the case of loss.
C. How the general result is introduced: (a) by the testimony of an expert who
examined the whole account or records (b) by the introduction of authenticated
abstracts, summaries or schedules
D. Illustrations:
1. The income of a business entity for a period of time maybe known through the
income tax return field by it, or by the result of the examination of an accountant
2. A general summary of expenses incurred maybe embodied in a summary to
which are attached the necessary supporting receipts witness
3. The state of health of an individual maybe established through the testimony of
the physician
4. The published financial statement of SLU as appearing in the White and Blue
A.. The documents involved: (a) a strictly public document such as the record of
birth, the decision of a court and (b) a private document which was made part of
the public record, such as a document of mortgagee involving a registered land
and submitted of the Office of the Register of Deeds
C. Exception or when the original has to be presented. Only upon prior Order from
the court as when an actual inspection is necessary for the proper determination
of the case, as in cases of falsification pursuant to the Gregorio Doctrine. In the
absence of a court order, the official may be liable for infidelity in the custody of
documents.
1. A certified copy issued by the official custodian bearing the signature and the
official seal of his office. When presented the document must bear the
documentary and science stamp and the accompanied by the official receipt of
payment of the copy
2. An official publication thereof
A. One the contents of which, is the subject of inquiry as determined by the issues
involved: Which document is it that the contents of which is in question?
Thus in case of libel and the issue is who be the author of the libel as published?
Then the original is the letter sent to the media. But if the question is whether the
letter is libelous, then the original is the letter.
B. Duplicate Originals. Two or more copies executed at or about the same time
with identical contents.
1. Examples: carbon originals, blue prints, tracing cloths. Copies mass produced
from the printing press or from the printer of computers.
C. Entries repeated in the regular course of business one copied from the other at
or near the time of the transaction to which they relate, all are considered as
original.
1. Examples are entries in the Books of Account which are copied from one
book/ledger and transferred to another
2. Entries in receipts for the sales for the day which at night are recorded in a
ledger and which in turn are recorded in the sales for the week and then entered
in the ledger for the sales of the month.
3. Scores in the examination booklets which are recorded in the teachers record
which then are recorded in the official grade sheet submitted to the dean’s office.
II. Basis and Reason: The Principle of Integration of Jural Acts. The written
agreement is the final culmination of the negotiation and discussion of the parties
as to their respective proposals and counter-proposals and is the final and sole
repository, memorial and evidence of what was finally agreed upon. Therefore,
whatever is not found in the written agreement is deemed to have been
abandoned, disregarded, or waived by them. Only those contained in the written
agreement are considered the only ones finally agreed upon and no other. Thus
oral testimony will not be permitted to show there were other agreements or
terms between the parties.
III. Purposes: (i) to give stability and permanence to written agreements otherwise
they can be changed anytime by mere testimony, then written agreements would
serve no useful purpose (ii) to remove the temptation and possibility of perjury
which would be rampant if oral/parole evidence were allowed as a party may
resort to such testimony in order to either escape compliance with his obligation,
or to create fictitious terms favorable to him.
a). Void contracts do not create any right and produces no legal effects
b). The contract maybe in any written form whether in the standard form or as
worded by the parties themselves
c). The document may be signed or not as in the case of way bills, tickets
d). The rule does not cover mere receipts of money or property since these are
incomplete and are not considered to be the exclusive memorial of the agreement
and are inconclusive
e). However a “Statement of a Fact”, as distinguished from statements which
constitute “Terms of the Contractual Agreement” maybe varied, such as
statements as to the personal qualifications of the parties.
3. That the dispute is between the parties to the contract or their successors or
that the rule is invoked by one who is given a right or imposed an obligation by
the contract. This is because the binding effect of a contract is only upon the
parties thereto or their successors.
1. Those which refer to separate and distinct subject matters and which do not
vary or contradict the written agreement.
Example: The buyer of a land in a written contract may prove by oral testimony
that the seller agreed to give him the right of first refusal of the seller’s adjoining
lot. Similarly the promise of first refusal by the lessor in favor of the lessee may
be proven by oral testimony.
Example: that the contract be first referred to a third person who must give his
approval thereto or that a third person should also sign as a witness thereto.
3. Those which are the moving and inducing cause, or that they form part of the
consideration and the contract was executed on the faith of such oral agreement
in that : (i) the party would not have executed the contract were it not for the oral
agreement and ii) they do not vary or contradict the written agreement.
a). The promise by a vendor to give a road right of way to the vendee over the
latter’s remaining property
b). An agreement to allow the son of the vendor to occupy a room free of charge
in the apartment sold, for a certain period of time
c). An agreement that the vendor shall harvest the standing crops over the land
sold
d). An agreement that the vendor shall cause the eviction of squatters from the
land sold
e) That the party was to pay off the indebtedness of the other; or to give or
deliver a thing to a third person.
CONCEPT: When oral testimony is allowed even if they pertain to the contents,
terms or agreements of the document, provided they were specifically alleged in
the pleadings by the party concerned.
a). It is of two kinds: (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.
b). Examples: (i) the donee is described as “My uncle Tom” but the donor has
several uncles named Tom (ii) the thing sold is “my house and lot in Baguio City”
but the vendor has three houses and lots in Baguio City (iii) the money shall be
for the tuition fee of my son “who is enrolled in SLU” but it is the daughter who
is enrolled in SLU while the son is enrolled in UB (iv) the subject of the sale is the
vendor’s “ two storey house in Bakakeng” but what he has in Bakakeng is a
grocery store and it is his house in Aurora Hill which is two stories.
c). Reason for the exception: the introduction of oral testimony does not vary or
contradict the document but it aids the court in ascertaining and interpreting the
document thereby enabling it to give effect and life to the document.
3. Patent or Extrinsic (Ambiguitas patens) – 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.
a). Aside from being clear and apparent, the ambiguity is permanent and
incurable. It cannot be removed or explained even with the use of extrinsic aids or
construction or interpretation.
b). Examples: (i) A promissory note or memorandum of indebtedness which does
not specify the amount of the obligation (ii) sale of property without the property
being described or (iii) where the description is “one of several properties” or one
of several persons is mentioned but he is not specifically identified e.g. “ I leave
my cash to my favorite son”.
1. The deed maybe ambiguous or vague either through ignorance, lack of skill or
negligence of the party/person who drafted the deed, or through the use of
imprecise words.
2. Maybe cured through the remedy of reformation of instrument
3. Example: (i) The deed turned out to be a sale when the intention was as a
security or (ii) the deed was a sale and not an SPA