Admissibility of Evidence Flashcards
ADMISSIBILITY OF EVIDENCE
Sec 3, Rule 123
Evidence is admissible when it is a relevant to the issue and is not excluded by the law or these rules.
What are the requisites of the admissibility of evidence?
- That it is relevant to the issue
2. that it is competent, - it does not belong to the class of evidence excluded by law or these rules
What are the two axioms of admissibility?
RELEVANCY and COMPETENCY
Relevancy- None but facts having rational probative value are admissible
COMPETENCY- All facts having rational probative value are admissible unless some specific rule forbids it.
Distinguish between Admissibility of Evidence from WEIGHT of evidence
Admissibility of a particular item of evidence has to do with whether it meets the various tests by which its reliability is to be determined, so as to be considered with other evidence admitted in the case in arriving at a decision as to the truth.
WEIGHT has to do with the effect of the evidence admitted and its tendency to convince an persuade the court.
State the rule regarding multiple admissibilities of evidence
When a fact is offered for one purpose and is admissible in so far as it satisfies all rules applicable to it when offered for that purpose, its failure to satisfy some other rule which would be applicable to it if offered for another purpose does not exclude it.
What is the rule on CONDITIONAL ADMISSIBILITY of Evidence?
Where two or more evidentiary facts are so connected under the issues that the relevancy of one depends upon another not yet evidenced, and the party is unable to introduce them both at the same moment, the offering counsel may be required by the court as a condition precedent
1) to state the supposed connecting facts and
2) to promiseto evidence them later.
What is the rule regarding the curative admissibility of evidence?
Where an inadmissible facts has been offered by one party and received without objection and the opponents afterwards, for the purpose of negating or examining or otherwise counteracting it, offers a fact similarly inadmissible, such fact is admissible if it serves to remove an unfair effet upon the court which might otherwise ensue from the original fact.
are telephone converstatiions admissible in evidence?
Yes. Unless otherwise objectionable, a telephone conversation between a witness and another person is admissible in any case in which a face to face conversation between a witness and another person would be admissible in evidence, PROVIDED that the IDENTITY of the person with whom the witness was speaking is a satisfactorily established
When is a speech by means of a radio broadcast admissible in evidence?
When the identity of the speaker is established by testimony of the witness who:
1) saw him broadcast his message or speech; or
2) recognize the voice of the speaker.
Are wiretapping and tape recordings admissible in evidence?
GENERAL RULE:
No. The Constitution provides that “The privacy of communication and correspondence shall be inviolable except upon
1) lawful order of the court
2) when public safety or order requires
EXCEPTION:
What are the requisites before a recording of the conversation can be given probative value?
1) a showing that the recording device was capable of taking testimony
2) showing that the operator of the device was competent
3) Establishment of authenticity and correctness of the recording;
4) a showing that changes, additions or deletions have not been made
5) a showing of the manner of the preservation of the recording
6) identification of the speakers
7) a showing that the testimony elicited was voluntarily made without any kind of inducement
I evidence illegally seized admissible in evidence?
No. It is violative of the Constitutional prohibition against unreasonable searches and seizures.
