Rule 130 - Object (Or Real) Evidence Flashcards
What is OBJECT or REAL EVIDENCE?
OBJECT 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.
[Sec. 1, Rule 130, Revised Rules on Evidence]
Section 1, Rule 130 - Rules of Admissibility, AM 19-08-15-SC - 2019 Amendments to the 1989 Revised Rules on Evidence
What is the nature of object evidence?
- Object or real evidence, as defined by the Rules of Court, refers to evidence that is addressed to the senses of the court.
- Instead of relying on the recollection of the witness, an object evidence will enable the court to have its own first-hand perception of the evidence.
- Object evidence could have a very persuasive effect on the part of the court.
- Even a human being may be a form of real evidence.
- Object evidence is not visual alone. It covers the entire range of human senses: hearing, taste, smell, and touch.
RIANO Reviewer
Enumerate and define the categories of object evidence.
The categories of object evidence are:
- ACTUAL, PHYSICAL or “AUTOPTIC” 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:
a. Unique objects or those that have readily identifiabke marks
b. Objects made unique or those that are made readily indetifiable
c. Non-unique objects or those with no idetifying marks - DEMONSTRATIVE EVIDENCE - those which represent the actual or physical object (or event in the case of pictures or videos) being offered to support or draw an inference or to aid in comprehending the verbal testimony of a witness. [People v. Olarte, G.R. No. 233209, March 11, 2019]
San Beda MemAid (2021)
What is PHYSICAL EVIDENCE and its PROBATIVE VALUE?
Physical evidence is regarded as evidence of the higest order. It speaks is a mute but eloquent manifestation of truth, and it ranks high in our hierarchy of trustworthy evidence - where the physical evidence runs counter to the testimonial evidence, the physical evidence should prevail. [Bank of the Philippine ISalands v. Reyes, G.R. No. 157177, February 11, 2008]
It is regarded as evidencce of the highest order.
San Beda MemAid (2021)
Differentiate REAL vs. DEMONSTRATIVE EVIDENCE
San Beda MemAid (2021)
What are the requisites of admissibility of object evidence?
The basic requisites for the admissibility of an object or real evidence: [RAWO]
1. The object 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.
The admissibility of object or real evidence, like any other evidence, requires that the object be both relevant and competent.
* To be relevant, the evidence must have a relationship to the fact in issue.
* To be competent, it must not be excluded by the Constitution, the rules, or by law.
RIANO Reviewer
May right against self-incrimination be invoked when object evidence is offered? Why or why not?
In one early case, the accused-appellant argued that the admission as evidence of the victim’s wallet, together with its contents, viz., (1) his residence certificate; (2) his identification card; and (3) bunch of keys, violated his right against selfincrimination.
NO. SC held that the right against self-incrimination had no application in this case because no testimonial compulsion was involved
RIANO Reviewer
How does one authenticate an object evidence?
- It must be shown that it 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.
- There must be someone who should identify the object to be the actual thing involved in the litigation. This someone is the witness.
Why is there a need to authenticate?
The purposes of authentication are;
1. To prevent the intriduction of an object different from the one testified about
2. To ensure that there have been no significatnt changes in the object’s condition
What is CHAIN of CUSTODY?
It is the duly recorded authorized movements and custody of seized drug orcocontolled chemicals or plant sources of dangerous drugs or laboratory equipment of each stage from the time of seizure/confiscation to recipt to the forensic to safekeeping and to presentation in court for destuction.
[People v. Ladip, G.R. No. 196146, March 12, 2014]
San Beda MemAid (2021)
What is the purpose of establishing a chain of custody?
To ensure that the INTEGRITY and EVIDENTIARY VALUE of the seized items are preserved, so much that the unnecessary doubts as to the identity of the evidence are removed.
[People v. Langcua, G.R. No. 190343, February 6, 2013]
San Beda MemAid (2021)
Explain the rule and the exception in non-compliance with the Doctrince of Chain of Custody.
GENERAL RULE: Th failure to comply with the chain of custody Rule, without any justificable cause, calls for the acquittal of the accused. The breached of procedure committed by the police militate againsta finding of guilt beyond reasonable doubt against the accused, as the integrity and evidentiary value of the corpus delicti has been compromised.
[People v. Lumaya, G.R. No. 231983, March 7, 2018]
EXCEPTIONS:
In case there is a failure to comply with the requirements of the law in the handling of confiscated drugs, the law, as amended by R.A. 10640, clearly requires the authorities to show the following:
1. There is a justifiable ground for non-compliance; and
2. The integrity and evidentiary value of the seized items are properly preserved
[People v. Delociemvre y Andales]
San Beda MemAid (2021)
Explain the rule and the exception in non-compliance with the Doctrince of Chain of Custody.
GENERAL RULE: Th failure to comply with the chain of custody Rule, without any justificable cause, calls for the acquittal of the accused. The breached of procedure committed by the police militate againsta finding of guilt beyond reasonable doubt against the accused, as the integrity and evidentiary value of the corpus delicti has been compromised.
[People v. Lumaya, G.R. No. 231983, March 7, 2018]
EXCEPTIONS:
In case there is a failure to comply with the requirements of the law in the handling of confiscated drugs, the law, as amended by R.A. 10640, clearly requires the authorities to show the following:
1. There is a justifiable ground for non-compliance; and
2. The integrity and evidentiary value of the seized items are properly preserved
[People v. Delociemvre y Andales]
San Beda MemAid (2021)
May a document be offered as object evidence?
YES. If the document is offered not as proof of its contents but of its existence or physical conf=dition or features, then it is considered as object evidence.
Riguera, Manuel R. (2022). Primer-Reviewer on Remedial Law, p. 669
