Evidence - Recitation

What is the sequence or order of presentation of secondary evidence?

(1) A copy of the original (2) A recital of the contents of the documents in some authentic document; or (3) By testimony of witnesses

Distinguish marital communication from marital disqualification.

(1) Marital communication refers to confidential communications received by one spouse from the other during the marriage while marital disqualification does not refer to confidential communications between spouses (2) Marital communication applies only to confidential information received during the marriage while marital disqualification includes facts, occurrences or information even prior to the marriage. (3) In marital communication, the spouse affected by the disclosure of information or testimony may object even after the dissolution of marriage. The privilege does not cease just because the marriage has ended while in marital disqualification, the same can no longer be invoked once the marriage is dissolved. It may be asserted only during the marriage. (4) Marital communication applies regardless of whether the spouses are parties or not while the marital disqualification requires that the spouse for or against whom the testimony is offered is a party to the action. (5) In marital communication, what is prohibited is the examination of the spouse as to matters received in confidence by one from the other during the marriage while in marital disqualification, the prohibition is a testimony for or against the other.

What are examples of a public document?

(1) Notarized documents, i.e. Deed of Sale of a Parcel of Land (2) Baptismal Certificate (3) Death Certificate (4) Marriage Certificate

What are the requisites for the admissibility of real or object evidence?

(1) The evidence must be relevant. (2) The evidence must be authenticated. (3) The authentication must be made by a competent witness; and (4) The object must be formally offered in evidence.

Circumstances when private documents need not be authenticated.

(1) When the document is an ancient one (2) When the genuineness and authenticity of an actionable document have not bee specifically denied under oath by the adverse party; (3) When the genuineness and authenticity of the document have been admitted; (4) When the document is not being offered as authentic. A document is an ancient one where a private document is more than 30 years old, is produced from the custody in which it would naturally be found if genuine, and is unblemished by any alterations or circumstances of suspicion.

What is the order in the examination of an individual witness?

(1) direct examination by the proponent (2) Cross-examination by the Opponent (3) Re-direct examination by the proponent; (4) Re-cross examination by the opponent

What is the original of a document?

(a) The original of the document is one of the contents of which are the subject of inquiry; (b) When a document is in two or more copies executed at or about the same time, with identical contents, all such copies are equally regarded as originals; (c) When an entry is repeated in the regular course of business, one being copied from another at or near the time of the transaction, all the entries are likewise equally regarded as originals.

What are the requisites for the rule in marital disqualification to apply?

(a) spouses are legally married; (b) either spouse must be a party to the case.

Give the distinction between best evidence rule and parol evidence rule?

1) Best Evidence establishes a preference for the original document over a secondary evidence while parol evidence rule is not concerned with the primacy of evidence but presupposes that the original is available. (2) Best evidence rule precludes the admission of secondary evidence if the original document is available while the parol evidence rule precludes the admission of other evidence to prove the terms of a document other than the contents of the document other than the contents of the document itself for the purpose of varying the terms of the writing. (3) The best evidence rule can be invoked by any litigant to an action whether or not said litigant is a party to the document involved while the parol evidence rule can be invoked only by the parties to the document and their successors-in-interest. (4) The best evidence rule applies to all forms of writing while parol evidence rule applies to written agreements (contracts) and "wills."

Enumerate and define the 3 kinds of collateral matters

1. Prospectant/antecedent - those preceeding the fact in issue but pointing forward to it (e.g. moral character, motive, conspiracy) 2. Concomitant - those accompanying the fact in issue and pointing to it (e.g. alibi, opportunity, incompatibility) 3. Retrospectant/subsequent - those succeeding the fact in issue but pointing backward to it (e.g. flight, concealment, fingerprints, bloodstains).

What are the requisites for common reputation?

1.The facts must be of public or general interest and more than 30 yrs old 2. The common reputation must have been ancient,i.e., 30 yrs or 1 generation 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. The common reputation must have been existing previous to the controversy.

When is judicial notice mandatory?

A court shall take judicial notice, without the introduction of evidence, of: (1) the existence and territorial extent of states (2) their political history (3) forms of government and symbols of nationality (4) the law of nations (5) the admiralty and maritime courts of the world and their seals (6) the political constitution and history of the Philippines (7) the official acts of the legislative, executive and judicial departments of the Philippines; (8) the laws of nature (9) the measure of time; and (10) geographical divisions.

Distinguish admission v. declaration against interest.

A declaration of a deceased person against his interest must be distinguished from admission, in that (a) the admission is not necessarily against the interest of the person who made the admission, while the present exception refers must be declaration against interest; (b) an admission may be used although the admitter is still alive while the present exception refers to a declaration against interest of a deceased person; and (c) an admission may be used only against the admitter and those identified with him in legal interest while a declaration against interest is admissible against third persons. Thus, it has been held that the declaration of a deceased person the he owed a debt to a third person is admissible, though such declarant is a stranger to the suit. Men do not falsely admit debts against themselves; and it is this presumption which induces the law to admit such a declaration.

How do you prove a private document in a public record?

A public record of a private document may be proved by any of the following: (a) by the original record; or (b) by a copy thereof, attested by the legal custodian of the record with the appropriate certificate that such officer has the custody.

What is the doctrine of adoptive admission?

An adoptive admission is a party's reaction to a statement or action by another person when it is reasonable to treat the party's reaction as an admission of something state or implied by the other person.

When is a client not bound by the actions of his counsel?

As a rule, the negligence of the counsel is considered as the negligence of the client. However, in several cases the Supreme Court admitted exceptions to the general rule, to wit; 1. the client is deprived of due process 2. Application of the general rule will result in outright deprivation of client's liberty or property 3. Where the interest of justice so requires, and accord relief to the client who suffered by reason of the lawyer's gross negligence. 4. When the negligence of counsel is so gross, reckless and inexcusable that the client is deprived of his day in court.

Burden of proof v. burden of evidence

Burden of proof is the obligation of a party to present evidence on the facts in issue necessary to establish his claim or defense by the amount of evidence required by law. Burden of evidence is the duty of a party to go forward with the evidence to overthrow any prima facie presumption against him.

State the rule on documentary evidence.

Documents as evidence consists of writing or any material containing letters, words, numbers, figures, symbols or other modes of written expression offered as proof of their contents.

What is evidence?

Evidence is the means, sanctioned by these rules, of ascertaining in a judicial proceeding, the truth respecting a matter of fact.

Factum probans v. factum probandum

Factum probandum is the fact to be proved; the fact which is in issue and to which the evidence is directed. Factum probans is the probative or evidentiary fact tending to prove the fact in issue.

What is falsa demonstration non nocet?

False designation or erroneous description of a person or thing in a written instrument. False description does not injure or vitiate, provided the thing or person intended has once been sufficiently described. Mere false description doe not make an instrument inoperative.

What is the exception to the rule than an evidence can be waived?

If the rule of evidence waived by the parties has been established by law on grounds of public policy, the waiver is void. Ex: Waiver of the privilege against the disclosure of state secrets is void.

What are the requisites for the admissibility of (secondary) evidence when the original is in the custody of the adverse party?

In order that the contents of the original document in the possession of the adverse party may be proved by secondary evidence, the following facts must be shown by the party offering the secondary evidence: a. The adverse party's custody or control of the original document; b. That reasonable notice was given to the adverse party who has the custody or control of the document; c. Satisfactory proof of its existence; d. Failure or refusal by the adverse party to produce it in court.

What is a negative pregnant?

It is a form of denial which at the same time involves an affirmative implication favorable to the opposing party.

What does genuineness and due execution of a document mean?

It means nothing more than that the instrument is not spurious, counterfeit, or of different import on its face from the one executed.

Will a drug user be an incompetent witness?

No. Drug abuse will not render a person incompetent to testify. Drug abuse becomes relevant only if the witness was under the influence of drugs at the time he is testifying or at the time the events in question were observed. While bias and drug abuse may not be grounds for barring a witness from testifying, they serve as grounds for attacking the credibility of a witness.

What is the doctrine of processual presumption?

Philippine courts do not take judicial notice of foreign laws. Hence, whenever a foreign law is being invoked, the same must be pleaded and proved, failure of which, it shall be presumed that the foreign law is the same as the law of the forum. This is the doctrine of processual presumption.

Distinguish proof and evidence.

Proof is the effect or result of evidence, while evidence is the medium of proof.

Give 5 disputable presumptions

Sec. 3 . Disputable presumptions. — The following presumptions are satisfactory if uncontradicted, but may be contradicted and overcome by other evidence: (a)That a person is innocent of crime or wrong; (b)That an unlawful act was done with an unlawful intent; (c)That a person intends the ordinary consequences of his voluntary act; (d)That a person takes ordinary care of his concerns; (e)That evidence willfully suppressed would be adverse if produced;

What are the (8) privileged communications not found in the Rules of Court?

The 8 privileged communications not found in the Rules of Court are as follows: (1) Editors may not be compelled to disclose the source of published news; (2) Voters may not be compelled to disclose for whom they voted; (3) Trade secrets (4) Information contained in tax census returns; (5) Bank deposits; (6) Information and statements made at conciliation proceedings (Labor Code); (7) Under the AMLA, institutions covered by the law and its officers and employees who communicate a suspicious transaction to the AMLC are barred from disclosing the fact of such report, that such report was made and other related information; (8) Mediation proceedings (9) Those covered by the Foreign Currency Deposits (10) Judicial Dispute Resolution (11) Guardian ad litem

What is the equipoise or equiponderance doctrine?

The equiponderance doctrine refers to a situation where the evidence of the parties are evenly balanced or there is doubt on which side the evidence weighs more heavily. In this case, the decision should be against the party with the burden of proof. Hence, where the burden of proof is on the plaintiff and the evidence does not suggest that the scale of justice would weigh in his favor, the court should render a verdict for the defendant.

What are the two rules governing res gestae?

The general classes of declaration to which the terms res gestae is usually applied to are: (1) spontaneous statements; (2) verbal acts.

How is genuineness of handwriting proved?

The handwriting of a person may be proved by any witness who believes it to be the handwriting of such person (a) because he has seen the person write, (b) or 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 respecting the handwriting may also be given by a comparison, made by the witness or the court, with writings admitted or treated as genuine by the party against whom the evidence is offered, or proved to be genuine to the satisfaction of the judge.

What is the reason for applying the best evidence rule?

The need to present to the court the exact words of a writing where a slight variation of words may mean a great difference in rights. Ancillary justification, prevention and detection of fraud.

What is multiple admissibility of evidence? Illustrate.

There are times when proffered evidence is admissible for two or more purposes. Thus, depending on the circumstances, the declaration of a dying person may be admissible for several purposes. It may be offered as a (1) a dying declaration, (2) as part of res gestae or (3) declaration against interest.

What is conditional admissibility of evidence? Illustrate.

There is conditional admissibility when the relevance of a piece of evidence is not apparent at the time it is offered, but may be seen when connected to other pieces of evidence not yet offered. The proponent will ask that the evidence be admitted subject to the condition that he is going to establish its relevancy and competency at a later time. If the connection is not shown as promised, the court, upon motion of the adverse party, strike out from the record the evidence that was previously conditionally admitted.

What are concomitant circumstances?

These are circumstances accompanying the fact in issue and pointing to it, such as: (1) Alibi - weakest defense; the accused must show not only that he was somewhere else when the crime was committed but likewise demonstrate that it was physically impossible for him to have been at the scene of the crime at the time of its commission. (2) Opportunity - if the accused was the only one who has the opportunity to do the act charged, such cicumstance may be taken against him. Exclusive opportunity however, is not essential. It is enough that the person charged had an opportunity to do the act. (3) Incompatibility - when the concomitant circumstances are incompatible with the doing of an act by a person, they may be proved to show that such person is not the author of the act.

What are the kinds of evidence that need not be authenticated?

These are: (a) Object evidence (b) Documentary evidence (c) Electronic evidence

Define Qui Tacet Consitere Videtur.

This pertains to admission by silence. Rule 130, Sec. 32 provides that an act or declaration made int he presence and within the hearing or observation of a party who does or says nothing when the act or declaration is such as naturally to call for action or comment if not true, and when property and possible for him to do so, may be given in evidence against him.

Define ultimate facts.

Ultimate facts are the principal, determinate and constitutive facts upon the existence of which the plaintiff's cause of action rests.

What is the effect of admissions in an amended pleading?

When a pleading is amended, the amended pleading supersedes the pleading that it amends and the admissions in the superseded pleading may be received in evidence against the pleader. Admissions in the superseded pleadings are to be considered as extrajudicial admission which must be proven.

What are the implied admissions of an actionable document?

When an action is founded upon a written instrument, the genuineness and due execution of the same instrument shall be deemed admitted unless the adverse party, under oath, specifically denies them and sets forth what he claims to be the facts. The failure to deny the genuineness and due execution of the instrument amounts to a judicial admission.

What is the best evidence rule? What are its exceptions?

When the subject of inquiry is the contents of a document, no evidence shall be admissible other than the original document itself, except in the following cases: (a) When the original has been lost or destroyed, or cannot be produced in court, without bad faith on the part of the offeror; (b) When the original is in the custody or under the control of the party against whom the evidence is offered, and the latter fails to produce it after reasonable notice; (c) When the original consists of numerous accounts or other documents which 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; and (d) When the original is a public record in the custody of a public officer or is recorded in a public office.

What is the parol evidence rule? What are its exceptions?

When the terms of an agreement have been reduced to writing, it is considered as containing all the terms agreed upon and there can be, between the parties and their successors in interest, no evidence of such terms other than the contents of the written agreement. However, a party may present evidence to modify, explain or add to the terms of written agreement if he puts in issue in his pleading: (a) An intrinsic ambiguity, mistake or imperfection in the written agreement; (b) The failure of the written agreement to express the true intent and agreement of the parties thereto; (c) The validity of the written agreement; or (d) The existence of other terms agreed to by the parties or their successors in interest after the execution of the written agreement.

When and how may parol evidence be introduced?

When: A party may present to modify, explain, or add to the terms of written agreement if he puts in issue in his pleading: (a) An intrinsic ambiguity, mistake or imperfection in the written agreement; (b) The failure of the written agreement to express the true intent and agreement of the parties thereto. (c) The validity of the written agreement; or (d) The existence of other terms agreed to by the parties or their successors-in-interest after the execution of the written agreement. HOW: It is done by offering extrinsic or extraneous evidence that would modify, explain or add to the terms of the written agreement, but parol evidence may only be allowed, if any of the matters mentioned is put in issue in the pleadings.

What is the doctrine of interlocking confessions?

Where several extrajudicial confessions had been made by several persons charged with the same offense AND without the possibility of collusion among them, the fact that the statements are in all respects identical is confirmatory of the confessions of the co-defendants and are admissible against the persons implicated therein.

Does the rule on privileged communication apply to electronic evidence?

Yes, privileged communications apply even to electronic evidence. Under Sec. 3, Rule 3 of the Rules on Electronic Evidence, the confidential character of a privileged communication is not lost solely on the ground that it is in the form of an electronic document.