Evidence

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Evidence

Definition
× The means, sanctioned by these
rules, of ascertaining in a judicial
proceeding, the truth respecting a
matter of fact
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Scope of Application
× Under the Rules of Court, the rules
of evidence are specifically
applicable only to judicial
proceedings
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Uniformity of Application
× The rules of evidence shall be the
same in all courts and in all trials
and hearings

If otherwise provided by:


1. Law
2. Rules of Court
3. SC issuances
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Classification of Evidence (form or


nature)
1. Documentary evidence: purpose is
to prove the contents of the written
instrument
2. Object evidence: purpose is to prove
the existence of the thing/object
3. Testimonial evidence: statements of
witnesses
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Admissibility of Evidence
× Evidence is admissible when it is
relevant to the issue and not
excluded by the Constitution, the
law or these Rules
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Requisites for Admissibility


a. Relevant to the issue; and
b. Not excluded by the Constitution,
the law or the rules of Court
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Exclusionary rules of evidence


1. Constitutional exclusionary rules
a. Art III, Sec 2 (unreasonable searches
and seizure)
b. Art III, Sec 3 (privacy of
communication and correspondence)
c. Art III, Sec 12
d. Art III, Sec 17
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Exclusionary rules of evidence


2. Statutory exclusionary rules
Wire-Tapping Act
3. Exclusions under the Rules on Evidence
• Original document rule
• Hearsay evidence rule
• Offer of compromise in civil cases
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Exclusionary rules of evidence


4. Exclusions under Court issuances
❖ Rule on Electronic Evidence
❖ Rule on Examination of a Child
Witness
❖ Judicial Affidavit Rule
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Relevance of Evidence
Evidence is relevant when it has “such
a relation to the fact in issue as to
induce belief in its existence or non-
existence”
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Collateral matters
Matters other than the fact in issue
and which are offered as a basis for
inference as to the existence or non-
existence of the facts in issue
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Collateral matters
General rule: Evidence on collateral
matters is NOT allowed

Exceptions: When it tends in any


reasonable degree to establish the
probability or improbability of the fact
in issue
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Quantum of Evidence
I. Proof Beyond Reasonable Doubt:
Proof beyond reasonable doubt does
not mean such a degree of proof as,
excluding possibility of error, produces
absolute certainty. Moral certainty
only is required, or that degree of
proof which produces conviction in an
unprejudiced mind.
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Quantum of Evidence
II. Preponderance of Evidence
Means that the evidence adduced by
one side is, as a whole, superior to or
has greater weight than that of the
other
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Quantum of Evidence
III. Substantial Evidence
It is the amount of relevant evidence
which a reasonable mind might accept
as adequate to justify a conclusion.
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Quantum of Evidence
IV. Clear and Convincing Evidence
Clear and convincing evidence is more
than mere preponderance, but not to
the extent of such certainty as is
required beyond reasonable doubt as
in criminal cases
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Object Evidence
Those addressed to the senses of the
court
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Basic requisites for admissibility


a. Evidence must be relevant;
b. Evidence must be authenticated by a
competent witness;
c. Object must be formally offered
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RELEVANT
When an object is relevant to the
fact in issue, it may be exhibited to,
examined or viewed by the court
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Exceptions
a. Exhibition is contrary to public policy,
morals or decency;
b. It would result in delays, inconvenience,
unnecessary expenses out of proportion to
the evidentiary value of such object;
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COMPETENT AND AUTHENTICATED


To authenticate the object is to show that the
object is the very thing that is either the
subject matter of the lawsuit or the very one
involved to prove an issue in the case.
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Categories of Object Evidence


a. Actual physical or “autopic” evidence –
those which have a direct relation or part in
the fact or incident sought to be proven and
those brought to the court for personal
examination by the presiding magistrate
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Categories of Object Evidence


b. Demonstrative Evidence: Those which
represent the actual or physical object (or
event in case of pictures or videos) being
offered to support or draw an inference or to
aid in comprehending the verbal testimony of
a witness
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Documentary Evidence
Consist of writings, recordings, photographs,
or any material containing letters, words,
sounds, numbers, figures, symbols, or their
equivalent, or other modes of written
expressions offered as proof of their contents.
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Requisites for Admissibility


a. The document must be relevant;
b. The evidence must be authenticated;
c. The document must be authenticated by a
competent witness;
d. The document must be formally offered in
evidence
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Original Document Rule


When the subject of inquiry is the contents of
a document, writing, recording, photograph,
or other record, no evidence is admissible
other than the original document itself
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When Not Applicable


Where the issue is only as to whether such
document was actually executed, or exists, or
on the circumstances relevant to or
surrounding its execution, original document
rule does not apply and testimonial evidence
is admissible.
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Original Document and Duplicate


Original—the document itself or any
counterpart intended to have the same effect
by a person executing or issuing it.

An “original” of a photograph includes the


negative or any print therefrom.
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Original Document and Duplicate


If data is stored in a computer or similar
device, any printout or other output
readable by sight or other means, shown to
reflect the data accurately, is an “original”.
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Original Document and Duplicate


Duplicate—counterpart produced by:
a. the same impression as the original, or
from the same matrix;
b. means of photography, including
enlargements and miniatures;
c. mechanical or electronic recording;
d. chemical reproduction; or
e. other equivalent techniques which
accurately reproduce the original.
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Original Document and Duplicate


General Rule: A duplicate is admissible to the
same extent as an original.
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Original Document and Duplicate


Exceptions:
1. a general question is raised as to the
authenticity of the original; or
2. in the circumstances, it is unjust or
inequitable to admit the duplicate in lieu of
the original.
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Exceptions to the original


document rule
1. When the original is unavailable
a. When the original has been lost or destroyed, or
cannot be produced in court;
b. Upon proof of its execution or existence and the
cause of its unavailability; and
c. Without bad faith on the offeror’s part
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What to present to prove contents


a. A copy;
b. A recital of its contents in some
authentic document; or
c. The testimony of witnesses
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In order that secondary evidence may be


admissible, there must be proof by satisfactory
evidence of:
1. due execution of the original;
2. loss, destruction, or unavailability of all such
originals; and
3. reasonable diligence and good faith in the
search for or attempt to produce the original.
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Due execution
a. the person or persons who executed it;
b. the person before whom its execution was
acknowledged; or
c. any person who was present and saw it
executed and delivered, or who, after its
execution and delivery, saw it and recognized
the signatures, or by a person to whom the
parties to the instruments had previously
confessed the execution thereof
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Exceptions to the original


document rule
2. When the original is in the custody or
control of the adverse party OR original
cannot be obtained by local judicial
processes or procedures
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Exceptions to the original


document rule
3. When the contents of documents,
records, photographs, or numerous
accounts are voluminous and cannot be
examined in court without great loss of
time, and the fact sought to be
established from them is only the
general result of the whole
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Exceptions to the original


document rule
4. When the original is a public record
in the custody of a public officer or is
recorded in a public office
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Exceptions to the original


document rule
5. When original is outside the
jurisdiction of the court
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Assignment:
Instruction: Look at your surroundings
and identify the objects that you can
present in court.

Imagine that you are about to present


Object (real) evidence in court. Name
TEN (10) objects and their purpose
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To help you in your assignment


here is a sample:
1. Ballpen: to prove that it was used to stab the victim
2. Mug: to prove the presence of the fingerprints of the
accused on the mug found in the scene of the crime
3. Comb: to prove the existence of blood on the comb which
injured the victim
4. Letter: to prove the existence of the love letter of the victim
to the accused
5. Bank check: to prove that the bank stamped an "Insufficient
Fund" on the face of the check
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Case Summary
Instruction: Read this case
ROMEO TUMABINI VS. PEOPLE OF THE
PHILIPPINES (G.R. No. 224495,
February 19, 2020)
ISSUES:
1. What was the object evidence?
2. What was the ruling in the need to
authenticate the object evidence?
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Format
Content:
a. Facts of the Case
b. Issues
c. SC Ruling

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