RULE 129 ADMISSIBILITY OF EVIDENCE

Question 1

A. OBJECT (REAL) EVIDENCE

Answer 1

Section 1. Object as evidence. - Objects as evidence are those addressed to the senses of the court. When an object is relevant to the fact in issue, it may be exhibited to, examined or viewed by the court. (1)

Question 2

B. DOCUMENTARY EVIDENCE

Answer 2

Section 2. Documentary evidence. - Documents as evidence consist of writings, recordings, photographs or any material containing letters, words, sounds, numbers, figures, symbols, or their equivalent, or other modes of written expression offered as proof of their contents. Photographs include still pictures, drawings, stored images, x-ray films, motion pictures or videos. (2a)

Question 3

1. Original Document Rule

Answer 3

Section 3. Original document must be produced; exceptions. - 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

Question 4

Exception to the Original Document Rule

Answer 4

(a) When the original is 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, or the original cannot be obtained by local judicial processes or procedures;

(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;

(d) When the original is a public record in the custody of a public officer or is recorded in a public office; and

(e) When the original is not closely-related to a controlling issue. (3a)

Question 5

Section 4. Original of document

Answer 5

(a) An “original” of a document is 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. 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.”

Question 6

Duplicate Document

Answer 6

(b) A “duplicate” is a counterpart produced by the same impression as the original, or from the same matrix, or by means of photography, including enlargements and miniatures, or by mechanical or electronic re-recording, or by chemical reproduction, or by other equivalent techniques which accurately reproduce the original.

Question 7

Is Duplicate Document admissible?

Answer 7

A duplicate is admissible to the same extent as an original

Question 8

Exception to the admissibility of duplicate document.

Answer 8

(1) a genuine 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. (4a)