WHAT NEED NOT ME PROVED AND ADMISIBILITY Flashcards
Judicial notice: when mandatory
- the existence and territorial extent of states,
- their political history,
- forms of government and symbols of nationality,
- the law of nations,
- the admiralty and maritime courts of the world and their seals,
- the political constitution and history of the Philippines,
- the official acts of legislative, executive and judicial departments of the Philippines,
- the laws of nature,
- the measure of time, and
- the geographical divisions.
Judicial notice: when discretionary
A court may take judicial notice of matters which are of public knowledge, or are capable of unquestionable demonstration, or ought to be known to judges because of their judicial functions.
Judicial notice: when hearing necessary
During the pre-trial and the trial, the court, on its own initiative, or on request of a party,
AND
After the trial, and before judgment or on appeal, the proper court, on its own initiative or on request of a party (material issue in the case).
Judicial Admissions
An admission, oral or written, made by the party in the course of the proceedings in the same case, does not require proof.
The admission may be contradicted only by showing that it was made through palpable mistake or that no such admission was made.
OBJECT 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.
What is the CHAIN OF CUSTODY?
Chain of custody is the method of authenticating object evidence, especially object evidence of the third kind, by showing its movement and location from the time it was obtained until the time it is offered in evidence.
CHAIN OF CUSTODY (IN DRUG CASES)
1) The seizure and marking of the illegal drug recovered from the accused by the arresting officer.
2) The turnover of the drug by the arresting officer to the investigating officer. 3) The turnover by the investigating officer of the drug to the forensic chemist for laboratory examination.
4) The turnover and submission of the marked drug to the court.
Every person who takes possession of seized drugs must show how it was handled and preserved while it remains in his or her custody.
Who should be present drug seizure?
1) The accused or his representative or counsel;
2) Before the amendment, there were 3 required 3rd party witnesses:
a. Representative from the media;
b. Representative from the National Prosecution Service or DOJ;
AND
c. A public elected official.
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.
ORIGINAL DOCUMENT RULE
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.
What documents are considered ‘original’?
An original document includes:
- 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.’
Are DUPLICATES considered as original?
GENERAL RULE: A duplicate is admissible to the same extent as the original.
EXCEPTION:
- A genuine question is raised as to the authenticity of the original; or
- In the circumstances, it is unjust or inequitable to admit the duplicate in lieu of the original.
Exceptions to the Original Document Rule
- When the original is lost or destroyed, or cannot be produced in court, without bad faith on the part of the offeror.
- 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.
- 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.
- When the original is a public record in the custody of a public officer or is recorded in a public office.
- When the original is not closely related to a controlling issue.
Waiver of the ODR
The presentation or offer of the original may be waived upon failure to object by the party against whom the secondary evidence is offered when the same was presented, as the secondary evidence becomes primary evidence. But even if admitted as primary evidence, admissibility of evidence should not be confused with its probative value.
What constitutes secondary evidence?
Secondary evidence of the contents of a written instrument or document refers to evidence other than the original instrument or document itself.
When the original document is lost, destroyed or cannot be produced in court, the offeror must prove the following:
- The existence or due execution of the original.
- The loss and destruction of the original or the reason for its nonproduction in court; and
- On the part of the offeror, the absence of bad faith to which the unavailability of the original can be attributed.
What to present to prove contents: UNAVAILABLE DOC
- A copy
- a recital of its contents in some authentic document or
- the testimony of witness.
When original document is in adverse party’s custody or control
Requisites for its introduction:
- the existence of the original document
- that said document is under the custody or control of the adverse party
- that the proponent of secondary evidence has given the adverse party reasonable notice to produce the original document;
- that the adverse party failed to produce the original document despite the reasonable notice, or
- that the original cannot be obtained by local judicial processes or procedures.
When the original consists of numerous accounts (REQ)
- When the contents of documents, records, photographs, or numerous accounts are voluminous
- Such cannot be examined in court without great loss of time
- The fact sought to be established is only the general result of the whole.
When the original consists of numerous accounts (PROVE)
What to present to prove contents:
- chart;
- summary; or
- calculation.
The originals shall be available for examination or copying, or both, by the adverse party at a reasonable time and place. The court may order that they be produced in court.
When original document is a public record (PROVE)
When the original of document is in the custody of public officer or is recorded in a public office, its contents may be proved by a certified copy issued by the public officer in custody thereof.
PAROL EVIDENCE RULE
Evidence of written agreements - 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, as between the parties and their successors in interest, no evidence of such terms other than the contents of the written agreement.
XPN TO PAROLE EVIDENCE
A party may present evidence to modify, explain or add to the terms of the written agreement if he or she puts in issue in a verified 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.
