Module 2 Recap

Welcome back!

Last week, we commenced study of Rule 130 on Admissibility of Evidence, initially discussing Sections 1-
4. 

While Rule 128 declared the two general requirements for admissibility of evidence (i.e. RELEVANCE
AND COMPETENCE), Rule 130 will spell out the kinds of evidence and each of its requirements to meet
standards of admissibility. 

Briefly, Philippine evidence law classifies evidence into three,

(1) OBJECT,

(2) DOCUMENTARY and

(3) TESTIMONIAL.

However, to understand evidence in context, know that there are other classifications. The following
discussion may be helpful. The context of the following video is from another jurisdiction but the
principles remain the same. Click the link below

Kinds of Evidence (Links to an external site.)

Bear in mind that evidence may be sourced from the following:

1. Those derived from the testimony of people whether oral or written (Testimonial Evidence)

 2. Those obtained from circumstances (Circumstantial Evidence)

 3. Those obtained through the use of the senses (Object Evidence)

OBJECT 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 fact-finder (the judge in our jurisdiction; the
jury in American law). The definition includes any material that may be seen, heard, smelled, felt, or
touched. They are the “sensual evidence” and are grouped into:

A. Those exhibited to the court or observed by it during the trial

     1. The weapons used, the articles recovered or seized as subjects of an offense, the effects of the
crime, clothing apparel

     2. The wound or scars in the body in physical injury cases

     4. Observations as to the demeanor of witnesses

     5. Re-enactment or demonstrations of actions

B. Those resulting from inspection of things or places conducted by the court (ocular inspections)

     1. The observations made by the parties are recorded; pictures, sketches, measurements are taken

     2. Examples: inspection of the crime scene, disputed boundaries and other objects that cannot be
brought to court

C. Those resulting from experiments, tests or demonstrations, which may be scientific or practical; the
conduct of experiments/tests is subject to the discretion of the court.

     1. Forensics or Microanalysis: the application of scientific principles to answer questions of interest in
the legal system. The process is applied in the examination of Trace Evidence to solve crimes based on
the Principle of Contact.

          a) Trace Evidence- evidence found at a crime scene in small but measurable amounts such as hair,
fiber, soil, botanical materials, explosive residue and similar evidence

          b) Principle of Contact - states that every person who is physically involved in a crime leaves some
minute trace of his/her presence in the crime scene or in the victim and often takes something away
from the crime scene and/or victim

These objects must meet the inherent requirements of ADMISSIBILITY i.e. RELEVANCE AND
COMPETENCE. 

But before the fact-finder can even consider ADMISSIBILITY, these objects must be proven to be genuine
under a process termed, AUTHENTICATION.

For a brief discussion of what authentication is, watch the short video below:

What is authentication? (Links to an external site.)

To reiterate, authentication is:

1. The process of proving that the object presented in court is genuine. 

2. The purpose is two fold:

(a) to preserve the identity of the object by preventing the introduction of a different object and
(b) to ensure the integrity of the object by confirming that there are no significant alterations or
contaminations in the condition of the object.

Watch the video below for a brief discussion of object evidence and its authentication, patterned from
the Federal Rules of Evidence from where it is sourced.

NOTE: Watch from beginning until 11:20 because this is a preview to a subscription but the preview is
enough to cover authentication of object evidence by way of examples. We will cover authentication of
documentary evidence in another video.

 (Links to an external site.)Authentication of Object Evidence (Links to an external site.)

DOCUMENTARY EVIDENCE

The 2019 Amendments expanded the concept of what a DOCUMENT is.

Click the link to listen to Atty. Tranquil Salvador's lucid explanation of Sections 3 and 4 on the concept of
a "document" and the "original" of a document. Skip to 32:20 until 52:03

Concept of a "document" and "original" of a document.  (Links to an external site.) 

ORIGINAL DOCUMENT RULE

Watch Atty. Ed Reyes' lecture below for an overview of the original document rule.

Original Document Rule (Links to an external site.)

Restating the rule:  

If the subject of inquiry is the contents of a document there can be no evidence of the contents other
than the original of the document. Thus goes the ORIGINAL DOCUMENT RULE stated in Section 3.

The amendments did away with the misleading term, best evidence rule because it falsely suggests that
the best evidence rule applies to all types of evidence. To be accurate, the best evidence rule, now
known as the ORIGINAL DOCUMENT RULE, applies only to DOCUMENTARY EVIDENCE. 

When is the original presented?

When the subject of inquiry is the content/s of the document. This means the cause of action or
defense is based on what are contained in the document i.e. the terms and conditions, the entries, data
or information written on the document. This means the plaintiff is either enforcing a right based on, or
created, by a document or a party is seeking non-liability by virtue of the contents of a document.
Examples:

1. Enforcement of a contract, collection of money based on a promissory note, damages for failure to
comply with the terms of a written agreement
2. Defense of release, payment, novation, condonation, as embodied in a written document

3. In criminal cases: where the act complained of is made upon or contained or evidenced by a
document such as in falsification, perjury, bigamy, malversation, estafa, issuance of a bogus check

When does the rule not apply even if an existing and available original document is involved:

1. Generally if the contents were never disputed. Examples:

     a). when the question refers to the external facts about the document such as whether it exists or
not, whether it was executed, sent, delivered or received

     b). when the writing is merely a collateral fact, as when a witness refers to a writing of a conversation
which he heard and then jotted down or when the writing is used merely as a point of reference

     c). when the contents were admitted

     d). the writing is treated as an object

2. When there was failure to deny specifically under oath the due execution and genuineness of the
actionable document ( Consolidated Bank vs. Del Monte Motors, July 29, 2005)

Reasons for adopting the ORIGINAL DOCUMENT RULE: The original document rule was adopted for the
following reasons:

1. To ensure that the contents of a writing are accurate.

NOTE: Precision is key. The exact words of a writing especially in operative or dispositive  documents
such as deeds, will and contracts matter since a slight variation  in words may mean a great difference in
rights. In addition, human memory is fallible and human error ever present in making a copy. These are
the risks sought to be prevented by the ORIGINAL DOCUMENT RULE.

2. To prevent fraud, perjury, or substitution.