EVIDENCE

EVIDENCE Basic Principles and Special Problems

Alexander G. Gesmundo

I. WHEN EVIDENCE IS NECESSARY

II. ADMISSIBILITY OF EVIDENCE A. Axiom of Admissibility of Evidence B. Proper Presentation of Evidence 1. Object Evidence 2. Oral Evidence 3. Documentary Evidence 4. Jurisprudential Guidelines on Evidence Admissible to Establish Age C. Formal Offer of Evidence; Need for Statement of the Purpose of Evidence III. MODES OF EXCLUDING INADMISSIBLE EVIDENCE A. Evidence is Objected to at the Time it is Offered and Not Before B. Failure to seasonably object to offered evidence amounts to a waiver of the grounds for objection. However, the rules of exclusion are not self-operating. They must be properly and timely invoked. C. The grounds for objection must be specified.1 Grounds not raised are deemed waived. However, repetition of objection is unnecessary when a continuing objection is properly made. 2 Objection to the purpose for which evidence is offered is not proper D. Motion to Strike Out Answer to Testimony E. Objections and Ruling F. Objections to Evidence may be Formal or Substantive
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Id. RULES OF COURT, Rule 132, Sec. 37. F-i

EVIDENCE

IV. LAYING THE FOUNDATIONS FOR EVIDENCE A. Judicial Notice 1. Mandatory and Discretionary Judicial Notice 2. Hearing the Parties on Discretionary Judicial Notice 3. Judicial Notice of Proceedings in Another Case B. Admissions: Judicial and Extra-Judicial C. Best Evidence Rule D. Parol Evidence Rule E. Admissibility of Extra-Judicial Confessions F. Examination of Witnesses G. Authentication and Proof of Documents H. Tender of Excluded Evidence V. SPECIAL RULES ON EVIDENCE A. Rule on Examination of A Child Witness B. Rules on Electronic Evidence C. The Electronic Commerce Act, Rep. Act No. 8792 1. Implementing Rules and Regulations of the Electronic Commerce Act 2. Implementing Signatures Rules and Regulations on Electronic

3. Joint DTI-DOST Department Administrative Order No. 02 Providing Implementing Rules and Regulations of Electronic Authentication and Electronic Signatures D. Rule on DNA Evidence

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