Garcia, Christian Joseph E.

JD3A

QUIZ IN LAW ON EVIDENCE

(2020)

Define

1. Evidence – Evidence is the means, sanctioned by these rules, of ascertaining in

a judicial proceeding the truth respecting a matter of fact.

2. 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.

3. Parol Evidence Rule - This means that, when an agreement has been reduced
to writing, the parties cannot be permitted to adduce evidence to prove alleged
practices which, to all purposes, would alter the terms of the written agreement.
Whatever is not found in the writing is understood to have been waived and
abandoned. The courts cannot stipulate for the parties or amend the latter’s
agreement, for to do so would be to alter the real intention of the contracting
parties when the contrary function of courts is to give force and effect to the
intention of the parties

4. Original of a document – 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 the 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”

5. Duplicate of a document – 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.

6. Judicial Admissions - An admission, verbal or written, made by a 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.

7. Electronic document - It refers to information, or the representation, data,

figures, symbols, or other modes of written expressions, described or however
represented, by which a right is established or an obligation is extinguished, or by
which a fact may be proved or affirmed, which is received, recorded, transmitted,
stored, processed, retrieved, or produced electronically. It includes digitally
signed documents and any print-out or output, readable by sight or other means
which accurately reflects the electronic data message, or electronic document.

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The term “electronic document” may be used interchangeably with “electronic

data message.”

Explain

8. Res Inter Alios Acta Rule - It provides that the rights of a party cannot be
prejudiced by an act, declaration, or admission of another. Consequently, an
extra-judicial confession is binding only upon the confession and is not
admissible against his co-accused. On a principle of good faith and mutual
convenience, a man’s own acts are binding upon himself, and are evidence
against him. So are his conduct and declarations.

9. Interlocking Confession - As a rule the confession binds only the confessant

following the Res Inter Alios Acta Rule, however as an exception in case of
interlocking confessions such as confessions made by two or more accused
independently of each other without collusion which are identical in ther essential
details. The effects are as follows:

a). they are circumstantial evidence against the persons implicated

therein, of his participation in the crime. Thus, the identical confessions of
3 accused are admissible against X who was mentioned by all 3 as the
master mind.

b). circumstance or factor in gauging the credibility of the testimony of

another accused and of witnesses

c). Each confession is evidence against all confessants.

10. Principle of Irremovability of Public Records – As a general rule public

records are not to be removed from the places where they are recorded and
kept. Because of the following reasons (1) the records should be made
accessible to the public at all times, (2) the great inconvenience caused to the
official custodian if he were called to present the records to the court every now
and then and (3) to guard against the possibility of loss and or destruction of the
documents while in transit. In such case secondary evidence are allowed to be
offered in courts. A certified copy issued by the official custodian bearing the
signature and the official seal of the of his office. When presented the document
must bear the documentary and science stamp and accompanied by the official
receipt of payment of the copy, and an official publication thereof.

11. Principle of Integration of Jural Acts- The written agreement is the final
culmination of the negotiation and discussion of the parties as to their respective
proposals and counter-proposals and is the final and sole repository, memorial
and evidence of what was finally agreed upon. Therefore, whatever is not found
in the written agreement is deemed to have been abandoned, disregarded, or

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waived by them. Only those contained in the written agreement are considered
the only ones finally agreed upon and no other. Thus, oral testimony will not be
permitted to show there were other agreements or terms between the parties.

12. Voir Dire Examination - the examination conducted by the court on the
competency of a witness whenever there is an objection to the competency of
the witness and is usually made before the witness starts with his testimony. The
party objecting maybe allowed to present evidence on his objection or the court
itself may conduct the questioning on the witness.

13. Sexual Abuse Shield Rule – This rule applies only to criminal proceeding
involving a child, who is a victim of sexual abuse, such rule will not apply if the
child is the defendant to the action. The rule denies the admission of certain
evidence against children who are victims of child abuse such as: 1. Evidence
offered to prove that the alleged victim engaged in other sexual behavior; 2.
Evidence offered to prove the sexual predisposition of the alleged victim.
However, as an exemption, Evidence of specific instances of sexual behavior by
the alleged victim to prove that a person other than the accused was the source
of semen, injury, or other physical evidence shall be admissible.

14. The privileged communication between a lawyer and client – As provided

under the rule, an attorney or person reasonably believed by the client to be
licensed to engage in the practice of law cannot, without the consent of the client,
be examined as to any communication made by the client to him or her, or his or
her advice given thereon in the course of, or with a view to, professional
employment nor can an attorney’s secretary, stenographer, or clerk, or other
persons assisting the attorney be examined without the consent of the client and
his or her employer, concerning any fact the knowledge of which has been
acquired in such capacity.

Except when such information is used in the furtherance of a crime or fraud, as a

means for the claimants to communicate relevant issues to the parties, when the
communication relevant to an issue of breach of duty by the lawyer to his or her
client, or by the client to his or her lawyer, and or the document attested by the
lawyer.

15. The ruling in Senate of the Philippines versus Ermita (April 20, 2006) –

The argument raised by the public officials that the consent of the
president is needed before they can appear in congress is untenable.

The enumeration in Section 2 (b) of E.O. 464 is broad and is covered by

the executive privilege. The doctrine of executive privilege is premised on the fact
that certain information must, as a matter of necessity, be kept confidential in
pursuit of the public interest. The privilege being, by definition, an exemption from
the obligation to disclose information, in this case to Congress, the necessity

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must be of such high degree as to outweigh the public interest in enforcing that
obligation in a particular case.

Congress undoubtedly has a right to information from the executive

branch whenever it is sought in aid of legislation. If the executive branch
withholds such information on the ground that it is privileged, it must so assert it
and state the reason therefor and why it must be respected.

The infirm provisions of E.O. 464, however, allow the executive branch to
evade congressional requests for information without need of clearly asserting a
right to do so and/or proffering its reasons therefor. By the mere expedient of
invoking said provisions, the power of Congress to conduct inquiries in aid of
legislation is frustrated.

Differentiate

16. Factum Probans from Factum Probandum

- Factum Probans is the probative or evidentiary fact tending to prove the fact
in issue. Factum Probandum is the fact which is in issue in a case and to
which the evidence is directed.

17. Confession from Admission

As to nature
Admission are merely a statement of fact not directly involving an
acknowledgment of guilt or of the criminal intent to commit the offense with which
one is charged, while in Confession there is an acknowledgment of guilt.

As to Scope
In Admission includes confessions, the former being a broader term because
accordingly, a confession is also an admission, on the other hand, confessions
are specific type of admission which refers only to an acknowledgment of guilt.

As to Manner
In Admission it either express or implied, in Confession it is always express and
cannot be implied.

In a Criminal Case
An Admission is a statement by the accused, direct or implied, of facts pertinent
tot the issue, and tending, in connection with proof of other facts, to prove his
guilt, and Confession is an acknowledgment in express terms, by a party in a
criminal case, of his guilt of the crime charged.

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18. Original Document Rule from Parol Evidence Rule

As to applicability
- In Parol Evidence, it is applicable where the original is available in court, while
in Best Evidence Rule, it is where the original is not available is not available
in court and/or there is a dispute as to whether said writing is the original.

As to Prohibition
-In Parol Evidence it prohibits the varying of the terms of a written
agreement. In Best Evidence Rule, it prohibits the introduction of substitutionary
evidence in lieu of the original document regardless of whether or not it varies the
contents of the original.

As to when may be invoked

-Parol Evidence should be invoked when the controversy between the
parties to the written agreement, their privies, or any party directly affected thereby.
Best Evidence rule should be invoked by any party to an action regardless of whether
such party participated or not in the writing involved.

As to the Nature of Documents

-Parol Evidence applies only to written agreements or contracts except
wills. In Best Evidence rule it applies to all kinds of writing.

19. Competency from credibility

As to Subject
- Competency refers to the personal qualifications of the witness to testify,
Credibility on the other hand, refers to the weight and trustworthiness or
reliability of the testimony.

As to the Nature
- Competency is a matter of law, Credibility has nothing to do with the laws or
rules.

20. Marital Disqualification Rule from Marital Privileged Communication

As to Scope
- In Marital Disqualification Rule, a blanket disqualification of a spouse from
testifying for or against the other. In Marital Communication Privilege apply
only to confidential communications

As to period of Effectivity
- Marital Disqualification Rule is effective only during the existence of the
marriage. Marital Communication Privilege is effective during and after the
marriage.

As to Spouse being a party to the Action

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- Marital Disqualification Rule can be invoked only if one of the spouses is a

party to the action. Marital Communication Privilege may be invoked whether
or not a spouse is a party to the action.

Enumeration

21. What are the exceptions on the use of the Original Document Rule?

1. When the original is a Public record in the custody of a public officer or is

recorded in a public office;
2. When the original has been Lost or destroyed, or cannot be produced in
court, without bad faith on the part of the offeror;
3. 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.
4. 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.

22. What are the qualifications of witnesses provided for in the Rules?

1. He can perceive; and in perceiving

2. He can make known his perception to others.
3. He must take either an oath or an affirmation (Sec. 1, Rule 132); and
4. He must not possess the disqualifications imposed by law or the rules.

23. What are the Disqualifications by reason of privileged communication?

1. Communication between husband and wife;
2. Communication between attorney and client;
3. Communication between physician and patient;
4. Communication between priest and patient; and
5. Public officers and public interest

Others:

1. Editors may not be compelled to disclose the source of published news;

2. Voters may not be compelled to disclose for whom they voted;
3. Trade secrets;
4. Information contained in tax census returns; and
5. Bank deposits.
6. Under Art. 233 of Labor Code, information and statements made at the
conciliation proceedings shall be treated as confidential;
7. According to the Anti-Money Laundering Law (Sec.6), institutions covered by
the law and its officers and employees who communicate a suspicious
transaction to the AMLC, are barred from disclosing the fact of such report to
other persons.
24. Different DNA Test Results-explain each
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a). Exclusion: the samples are different and must have originated from different
sources. This conclusion is absolute and requires no further analysis or
discussion.

b). Inconlusive: it is not possible to be sure, whether the samples have similar
DNA types. This might be due to various reasons including degradation,
contamination or failure of some aspect of the protocol. Various parts of the
analysis might then be repeated with the same or different samples to attain a
more conclusive result.

c). Inclusion: the samples are similar and could have originated from the same
source. In such case the analyst proceeds to determine the statistical
significance of the similarity.

Bar Questions

25. At the trial of Matteo for violation of the Dangerous Drugs Act, the prosecution
offers in evidence a photocopy of the marked P100.00 bills used in the “buy-bust”
operation. Matteo objects to the introduction of the photocopy on the ground that
the Original Document Rule prohibits the introduction of secondary evidence in
lieu of the original.
a. Is the photocopy real (object) evidence or documentary evidence?

ANSWER: The Photocopy is an object evidence, because as defined, it is an

object which addresses to the senses of the court.

Further, the said photocopy of the marked money establishes the

existence of an original marked money used in the buy-bust operation.

b. Is the photocopy admissible in evidence?

ANSWER: Yes, the photocopy is admissible when the offeror has a valid and
justifiable reason why the original evidence cannot be produced in court.

Also, the presentation of a photocopy of the marked money is not fatal to

the prosecution of the case. The failure to present the marked money in
evidence, by itself, is not material since its absence will not necessarily disprove
the transaction.

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26. May a private document be offered, and admitted in evidence both as

documentary evidence and as object evidence? Explain.
ANSWER:
Yes, a private document may be offered and admitted in evidence both as
documentary evidence and as object evidence.

As defined under the Rules, Objects as evidence are those addressed to

the senses of the court, and Documentary evidence consists of writings or any
material containing letters, words, numbers, figures, symbols, or other modes of
written expressions, offered as proof of their contents.

Hence, a private document may be presented as object evidence in order

to establish certain physical evidence or characteristics that are visible on the
paper and writings that comprise the document.

27. Explain briefly whether the RTC may, motu proprio, take judicial notice of:
a. The street name of methamphetamine hydro-chloride is shabu;
o The RTC may take judicial notice of the street name “shabu” because
it is a term which is considered as public knowledge.

As provided under sec. 2 Rule 129 of the Revised Rules on Evidence, “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 function.”

b. Ordinances approved by municipalities under its territorial jurisdiction;

o The RTC may, motu proprio, take judicial notice of the ordinances
approved by municipalities under its territorial jurisdiction.

As provided under sec. 1 Rule 129 of the Revised Rules on Evidence “A

court shall take judicial notice, without the introduction of evidence, of the
existence and territorial extent of states, their political history, forms of
government and symbol 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, official acts of the legislative, executive and
judicial departments of the National Government of the Philippines, the
laws of nature, the measure of time, and the geographical divisions.

Here Ordinances are considered acts of the executive departments

of the National Government of the Philippines in the performance of their
quasi-legislative powers.

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c. Foreign laws;
o The RTC may not. motu prorpio. take judicial notice foreign laws
because;
Foreign Laws must be alleged and proved. In the absence of proof, the
foreign law will be presumed to be the same as the laws of the jurisdiction
hearing the case under the doctrine of processual presumption.

d. Rules and Regulations issued by quasi-judicial bodies implementing

statutes;
o The RTC may, motu proprio, take judicial notice of the Rules and
Regulations issued by quasi-judicial bodies implementing statutes.
As provided under sec. 1 of Rule 129 of the Revised Rules on
Evidence because it is considered as an official act of the executive
department of the Philippines.

e. Rape may be committed even in public places.

o It can be judicially noticed that the scene of the rape is not always nor
necessarily isolated or excluded, for lust is no respecter of time or
place. The offense of rape can and has been committed in places
where people congregate.

28. John Lloyd is the child of the spouses Harry and Wanda. Harry sued Wanda for
judicial declaration of nullity of marriage under Article 36 of the Family Code. In
the trial, the following testified over the objection of Wanda: John Lloyd, Harry
and Dr. Jeckyl, a doctor of medicine who used to treat Wanda. Rule on Wanda's
objections which are the following:

a. Harry cannot testify against her because of the rule on marital privilege;
 Harry can testify against Wanda, the rule on marital privilege is
not applicable in this case.

A provided under sec. 24(a) Rule 130 of the Revised Rules on

Evidence, the husband or the wife, during or after the marriage,
cannot be examined without the consent of the other as to any
communication received in confidence by one from the other
during the marriage except in a civil case by one against the
other, or in a criminal case for a crime committed by one against
the other or the latter’s direct descendant or ascendants.

Here, the civil case was filed by the Harry against Wanda.
Hence, the Marital Privilege is not applicable in this case.

Harry can testify against wanda.

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b. John Lloyd cannot testify against her because of the doctrine on parental
privilege; and

 John Lloyd cannot testify against his mother, under sec. 25,
Rule 130 of the Revised Rules on Evidence,

“No Person shall be compelled to testify against his or her

parents, other direct ascendants, children or other direct
descendants, except when such testimony is indispensable in a
crime against that person or by one parent against the other.”

Here, the provision only allows the testimony of the children

when it is indispensable in a crime against another person or by
one parent against the other, the case filed was in the nature of
a civil case, which is not exempted by the said privilege.

Hence, John Lloyd cannot testify against Wanda.

c. Dr. Jeckyl cannot testify against her because of the doctrine of privileged
communication between patient and physician.

 Dr. Jeckyl cannot testify against Wanda,

Under Sec. 24(c), Rule 130 of the Revised Rules on Evidence,

“A physician, psychotherapist or person reasonably believed by
the patient to be authorized to practice medicine or
psychotherapy cannot in a civil case, without the consent of the
patient, be examined as to any confidential communication
made for the purpose of diagnosis or treatment of the patient’s
physical, mental, or emotional condition, including alcohol or
drug addiction, between the patient and his or her physical or
psychotherapist. This privilege also applies to persons, including
members of the patient’s family, who have participated in the
diagnosis or treatment of the patient under the direction of the
physician or psychotherapist.”

Here, Dr. Jeckyl used to treat Wanda and therefore they are
covered by the rules on privileged communication which bars
the him from testifying against Wanda without her consent.

Hence, Dr. Jeckyl cannot testify agaist Wanda.

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