The document discusses whether an alleged sex video of Senator Leila De Lime can be shown as evidence in a congressional probe linking her to illegal drug trade. Philippine rules of evidence state that audio, video, and similar evidence are admissible provided they are properly authenticated. For a video to be admitted, it must be preserved, proven to be authentic and an accurate reflection of what it claims to be, and relevant to proving an important fact. Videos can be used as different types of evidence at various stages of criminal proceedings, but are limited by what they actually prove.
The document discusses whether an alleged sex video of Senator Leila De Lime can be shown as evidence in a congressional probe linking her to illegal drug trade. Philippine rules of evidence state that audio, video, and similar evidence are admissible provided they are properly authenticated. For a video to be admitted, it must be preserved, proven to be authentic and an accurate reflection of what it claims to be, and relevant to proving an important fact. Videos can be used as different types of evidence at various stages of criminal proceedings, but are limited by what they actually prove.
The document discusses whether an alleged sex video of Senator Leila De Lime can be shown as evidence in a congressional probe linking her to illegal drug trade. Philippine rules of evidence state that audio, video, and similar evidence are admissible provided they are properly authenticated. For a video to be admitted, it must be preserved, proven to be authentic and an accurate reflection of what it claims to be, and relevant to proving an important fact. Videos can be used as different types of evidence at various stages of criminal proceedings, but are limited by what they actually prove.
probe on linking her to illegal drug trade? Any audio, video and similar evidence are admissible in any judicial proceedings. Sec. 1, Rule 11 of Rules on Electronic Evidence provides: Section 1. Audio, video, and similar evidence. Audio, photographic and video evidence of events, acts or transactions shall be admissible provided is shall be shown, presented or displayed to the court and shall be identified, explained or authenticated by the person who made the recording or by some other person competent to testify on the accuracy thereof. The rules shall apply to all civil actions and proceedings, as well as quasijudicial and administrative cases. Though alleged videos are yet to be authenticated by proper authority. There are things that are to be considered first in obtaining a video as evidence in a court. Excerpted from an article in the web: Rules of Evidence 1.) Preservation the duty to properly keep and maintain memory cards and other temporary storage devices on which images are recorded 2.) Authenticity that the digitally recorded evidence is a true and accurate reflection of what the proponent of the evidence claims it to be 3.) Policy have a formulized agency policy for evidence collection and preservation which includes digital and electronic evidence (video captures, e-mails, computer data) 4.) Admissibility showing that the purported evidence is relevant to the ultimate fact to be proved and the extent to which it weighs on the
probability of that fact. Generally if the evidence passes the first three steps its admissibility will be assured.
And another article from the web:
Using video for documentation and evidence In certain way, videos can be used in every stage of the criminal justice process. However, they are limited by what their content actually proves. According to the article, videos can be as significant to the bigger puzzle in evidence collection needed to prove a crime. There are number of distinctions regarding type of evidence:
Crime-based Evidence involves information that proves the
commission of a crime
Linkage Evidence involve information that proves who committed the
crime
Lead Evidence suggests a crime may have been committed
Corroborative evidence backs up other types of evidence
Though this pertains to violation of human rights across the globe.