Presentation of Evidence

Question 1

Alteration of Documents, how to explain

Answer 1

a. must be a part of a material question in dispute
b. must account for the alteration

He or she may show that the alteration was…
a. Made by another, Without his or her concurrence
c. Was made with the consent of the parties affected by it
d. Properly or innocently made
e. Alteration did not change the meaning or the language of the instrument

Failure to account for alteration will render the evidence inadmissible.

Question 2

Before any private document be offered as authentic and received in evidence, its due execution and authenticity must be proved in any of the following means:

Answer 2

a. anyone who saw the document being executed or written
b. evidence of the genuine of the signature or handwriting of the maker
c. other evidence showing its due execution and authenticity

Question 3

How is genuineness of the handwriting proved?

Answer 3

May be proved by any witness who believes it to be the handwriting of such person because

a. he has seen that person write
b. has seen a writing purporting to be such person upon which the witness has acted or been charged, and has acquired knowledge of the handwriting of such person
c. by comparison made by
c1. the witness with writings admitted or treated as genuine by the party against whom the evidence is offered
c2. the court, proved to be genuine as to satisfy the judge

Question 4

Authentication of documents not required when

Answer 4

a. Ancient document
b. Public document or record
c. notarial documents acknowledged, proved or certified
d. Authenticity and due execution of the document has been expressly or impliedly admitted by a failure to deny the same under oath

Question 5

Ancient document requisites

Answer 5

a. 30 years old
b. would be found in the custody if it would normally be found if genuine
c. unblemished by any alteration or circumstances which would raise suspicion

Question 6

What attestation of a copy must state?

Answer 6

a. copy is a correct copy of the original
b. specific part thereof, as the case may be.
c. must be under the official seal of the attesting officer, or if he be a clerk of court, under the official seal of the court

Question 7

How a public record of a private document is proved?

Answer 7

a. original record or a copy thereof
b. attested by the legal custodian of the record
c. appropriate certificate the such officer has the custody

Question 8

Proof of lack of record

Answer 8

a. written statement signed by the officer having custody
b. states: diligent search, and despite the diligent search, no record of entry is found
c. certificate that such officer has the custody of official records

Question 9

How judicial record is impeached

Answer 9

a. lack of jurisdiction in the court or judicial officer
b. collution between the parties
c. fraud in the party offering the record

Question 10

Examination of witness

Answer 10

a. open court
b. orally, unless questions require a different mode of answering OR incapacitated to speak
c. under oath or affirmation

EXP: summary procedure, depositions before a notary public or authorized person, judicial affidavits, criminal cases where person cannot be called to witness due to circumstances, provided, adverse party had the opportunity to cross examine the witness.

Question 11

What is the order of examination, and what is the purpose and extent of each? Explain recalling witness.

Answer 11

direct - cross - redirect - recross

Question 12

Exception to the leading questions

Answer 12

1. cross-examination
2. preliminary matters
3. difficulty in getting getting direct and intelligible answers from a witness who is ignorant, a child of tender years, or is of feeble mind, or a deaf-mute
4. UHW
5. adverse party…

Question 13

How a witnesses testimony may be impeached?

Answer 13

1. contradictory evidence
2. evidence of his general reputation for truth, honesty, or integrity is bad
3. he has made other statements inconsistent with his present testimony
4. Conviction of a crime by final judgement if….
   a. punishable by more than 1 year
   b. crime of moral turpitude irrespective of the penalty

Question 14

When can a party impeach his own witness?

Answer 14

1. Witness is unwilling or hostile; or the witness is an adverse party
2. or is a representative of a corp/part/association which is an adverse party but cannot be impeached on his bad character

Question 15

How a witness can be impeached by evidence of inconsistent statements?

Answer 15

1. statements must be related to the witness including the circumstances of the times and place of persons present. If in writing, must first be shown to him/her.
2. Asked w/n he made the statements and to explain such.

Question 16

When can a witness refer to a memorandum?

Answer 16

a. Revive a present memory
A witness may be allowed to refresh his memory respecting a fact, by anything written or recorded by himself or under his direction at the time when the fact occurred, or immediately thereafter, or at any other time when the fact was fresh in his memory and knew that the same was correctly written or recorded; but in such case the writing or record must be produced and may be inspected by the adverse party, who may, if he
chooses, cross examine the witness upon it, and
may read it in evidence.

b. Revival of past memory
A witness may also testify from such a writing or record, though he retains no recollection of the particular facts, if he is able to swear that the writing or record correctly stated the transaction when made; but such evidence must be received with caution

Question 17

Who may not be excluded and separated so they cannot hear the testimony of other witnesses?

Answer 17

1. a party to the case
2. A representative of a judicial entity who is a party to the case
3. A party whose presence is essential to the presentation of the parties cause
4. a person authorized by a statute to be present

Question 18

Rights and obligations of a witness?

Answer 18

1. Protected from irrelevant, improper, or insulting questions, and from harsh or insulting demeanor
2. not to be detained longer than the interest of justice requires
3. Not to be examined except only as to matters pertinent to the issue
4. not to give an answer which will tent to subject him to a penalty for an office unless otherwise provided by law
5. not to give an answer which will tent to degrade his reputation, unless it be the very fact to the issue or a fact from which the fact in issue would be presumed. But a witness must answer to the fact of his previous final conviction for an office.