Feb 24

Evidence must be formally offered to be accepted as evidence after presentation of the

testimonial witness!
When to offer testimonial evidence? Before witness testify
Documentary Evidence- definition Rule 30, Sec 2 (Memorize)
When is a photograph a document evidence- if used as proof of their contents.
Ex. CCTV footage ng banggan (motion video)
Xray films (to proof ung bale)

Theory of Indivisibility of document

When a writing is presented by a party to the Court as evidence of its contents, the
whole of the document must be considered (Totality not a part thereof)

Midterm question: Video 2 hours, ginawang 30 mins. Same as original pa dn ba? (Look
Section 7 Rule 130. Parang hindi na eh noh)

Secondary evidence
Exceptions:
a. Sec 5. ORDER OF PROOF FOR LOST OR DESTROYED ORIGINAL
a. existence of the original first
b. execution of the original
c. loss, destruction
d. efforts exerted to retrieve the original
e. contents of the original- provide copy or recital of contents or testimonies, or any
government record or notarial records
b. Sec 6.
ex. Marriage in japan, records is in Japan. Request in embassy pero ayaw pa dn.
Dispense na ung original because it cant be obtained by juridical procedures
c. Sec. 7. Summaries
Volumunous records. Time consuming sa court

d. Sec. 8. Document is a public record

e. Sec 9. Party who calls for document not bound to offer it.

*Electronic Evidence (A.M. No. 01-7-01-SC)

Section 2. Authentication of electronic signatures. – An electronic signature may be authenticated in
any of the following manner:
(a) By evidence that a method or process was utilized to establish a digital signature and
verify the same;
(b) By any other means provided by law; or
(c) By any other means satisfactory to the judge as establishing the genuineness of the
electronic signature.

Parol Evidence (oral evidence)

Exceptions:
1. Intrinsic Ambiguity
2. Failure to Express true intent
3. Validity of the written agreement
4. existence of other terms agreed by the parties after the execution of the written agreement

PERSONS BOUND BY THE RULE

 Only parties to the instrument. a stranger to the writing is not affected by the rule since the outsider
had nno part in the making of the writing and should not be prejudiced by matters

Not applicable to third parties

Ex. 10% interest agreement. Then reduced in writing to 2%. Cannot assail in the court due to
violation of parol evidence