Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
EX: Priest, were you the one who solemnized? Were Electronic Evidence
you able to sign? (existence) (Objection!): lawyer is -does not require signature as long as integrity is
incorrect preserved
original: print-out or output readable (sight or other
Priest, when was the marriage? (content); place, means)
circumstances, persons involved eg. Print-out/photocopy= original; as long as
accurately reproduces original
Best Evidence Rule applies only to documentary
evidence. Facsimile Transactions
Requisites: (FAX Machines: phone w/ printer); old school
-Must involve a document
-subject of inquiry: contents -Is printout of Fax, electronic data message or
electronic document? (electronically sent) -if more than 30 years old (genuine from the start)
If agreement in Writing: parol evidence rule apply MAY NOT be compelled but can testify:
-President while in office
What parties Agreed: everything is written in -Justices of Supreme Court
contract -Members of Congress while congress is in Session
presumption: everything’s there -Foreign Ambassadors to PH
-Consuls & other foreign diplomatic officials
Exception: exempted by a treaty
-intrinsic ambiguity, mistake or imperfection -accused in a criminal case
eg. lawyer is unlicensed
-Failure of written agreement to express true intent Deaf-mutes as witnesses
eg. what you mean; is not what is written (misuse of Competent if:
words) -understands sanctity of an oath
-validity of written agreement -comprehend facts to testify
-existence of other terms of agreement (verbally -communicate through a qualified interpreter
amend); made after execution of written agreement (P vs. Tuangco)
Judicial notice not presumption of law Objection is done immediately after offer is made
Generally, presumptions are provided by law
When to make offer:
Rights and Obligations of Witness -Testimony: when witness testifies
-protected from irrelevant or insulting questions and -Documentary & object: oral unless allowed by court
from harsh demeanour in writing
-not to be detained longer than the interests of
justice require if oral offer, oral objection
-not to be examined except only as to matters if in writing; in writing objection
pertinent to issue Essence: admissibility of evidence
-not to give an answer which will tend to subject him
to a penalty for an offense When to object:
-not to give an answer which will tend to degrade his Oral examination
reputation; unless if very fact at issue would be -as soon as grounds become reasonably apparent
presumed; answers to a previous final conviction for
an offense -3 days after notice (directive)
-court may extend
Order:
-Direct (Pros); build General objections: not allowed
>exam by party presenting him Continuing objection: same class
>leading questions are not allowed except child
witness Preponderance of evidence
Optional: -superior weight of evidence
-Cross (Def); destroy -plaintiff vs. defendant
-matters stated in direct exam -civil case
-test accuracy, truthfulness and freedom from
interest or bias Substantial Evidence
>leading questions are allowed -honor code cases
-Re-Direct(Pros); rebuild -administrative/quasi-judicial bodies
>on answers during cross exam
>not Extension of direct Clear and convincing evidence
-Re-Cross (Def); destroy again -overthrows presumption of irregularity
>not Extension of cross
Proof beyond reasonable doubt
Recalling Witness -excludes possibility of error
-can’t be recalled without leave of court -moral not absolute certainty
-grant or withhold leave in the interest of justice
-by court order In criminal case: one can be acquitted even w/out
-favorable to defense council presenting evidence; presumption of innocence