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III. Admissibility - Object - Documentary Evidence (Rule 130) -, No…

- - - - B.2. Secondary Evidence (130.5) - Refers to evidence presented when the original evidence is unavailable by virtue of the exceptions enumerated in 130.3.
        
        B3. Parol Evidence (130.10)
        
        B4. Interpretation of Documents (130.10-19; NCC 1370-1379)
        
        Plain meaning, 1370 – If the terms of the contract are clear and leave no doubt as to the intention of the parties, then the literal meaning of the stipulation shall control. If it can be proven that the words are contrary to the intention of the parties, only then will the intent of the parties prevail.
        
        General Rule - whatever is found in writing is controlling. If not in writing, then it is understood as waived and abandoned.
        
        Exception - when it can be alleged and proved that the intention of the parties is otherwise.
        
        Contract is what law defines it as, not what the parties call it.
        
        Steps to Interpretation (SEASCORP v. Seagull) -
        
        GR - If clear, don't interpret.
        
        XCPN - But NCC 1370 also provides that if the words appear contrary to the evident intention of the parties, it is the intention that must prevail.
        
        Evident intention, 1370-71 – Evident intent of the parties shall be proven by taking into consideration all the circumstances under which the contract was made.
        
        Interpretation by the Parties - However, if the parties themselves put forward an interpretation, then that interpretation shall be controlling.
        
        Stipulations with different possible meanings, 1375 – The meaning that is most in keeping with the nature and the object of the contract shall be used in cases where there are different possible meanings to a particular stipulation.
        
        Interpretation of terms 1372-73, 1376-77
        
        General/Particular Terms 1372 – In cases where general terms and particular terms are present, particular terms shall be controlling.
        
        However, even with particular terms contracts cannot be construed to include matters which are distinct from that which the parties intended to contract. i.e. a sale of a piece of land cannot be construed to include something not the subject-matter of the sale.
        
        Multiple Interpretations (1373) - If an instrument is susceptible to interpretations which can make it either legal or illegal, that which would render it legal and effective is the proper interpretation.
        
        Usage/Custom (1376) - Usage or customs of a place shall be a factor in interpreting an ambiguous
        
        Adhesion Contracts (1377) - Interpretations of obscure words or stipulations cannot be made to favor the party which was responsible for such obscurity.
        
        Doubt in Interpretation (1374. 1378)
        
        Multiple Stipulations (1374) - In cases where there are various stipulations which raise a doubtful interpretation, all of the parts of the contract shall be construed together if possible. With such construction being determined by the intent of the parties as gathered from the words they used as well as their prior, contemporaneous and subsequent acts.
        
        Impossibility of Interpretation (1378) - In case doubts cannot be settled, then interpretation depends if the contract is gratuitous or onerous.
        
        Gratuitous - Requires that the doubts refer to incidental circumstances, the interpretation that allows the least transmission of rights and interests shall prevail.
        
        Onerous - he interpretation that favors the greatest reciprocity of interests shall be controlling.
        
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        Interpretation Without Instrument
        
        According to Circumstances (130.14) - The circumstances under which the instrument was made, including the situation of the subject and the parties may be shown so that judge may be placed in the position of those whose language they are to interpret.
        
        According to Usage (130.20) - An instrument
        may be construed according to usage, in order to determine its true character
        
        Legal Meaning (130.11) -
        
        GR - Language of writing to be interpreted according to the legal meaning it bears in the place of its execution.
        
        XCPN - Parties intended otherwise.
        
        Interpretation Within the Instrument
        
        Intention; General and Particular Provisions (130.13) - Where there is a general provision and a particular provision, the latter controls if there is inconsistency.
        
        Intent - The intention of the parties is to be pursued when there is need to construe.
        
        Peculiar Signification of Terms (130.15) -
        
        General Rule - Terms of a writing presumed to be used in their primary and general acceptation.
        
        XCPN - Evidence is admissible to show that they have a peculiar, technical or local signification and were so used and understood in that particular instance.
        
        Written & Printed Words (130.16) - If instrument partly written and partly printed, the written part controls the printed part if they are inconsistent.
        
        Instrument as a Whole (130.12) - Where there are several provisions or particulars, if possible, construction that gives effect to all is adopted.
        
        Steps to Interpretation (PSALM) – (1) If not ambiguous, don’t interpret  (2) If intent cant be determined, first determine via preliminary inquiry if the contract is ambiguous.
        
        Ambiguous if susceptible of two reasonable alternative interpretations. In such case, its interpretation is left to the court, or another tribunal with jurisdiction over it.85
        
        "interpretation" is defined as the act of making intelligible what was before not understood, ambiguous, or not obvious; it is a method by which the meaning of language is ascertained.
        
        The "interpretation" of a contract is the determination of the meaning attached to the words written or spoken which make the contract.
        
        Use of Experts & Interpreters (130.17) - When the characters in which an instrument is written are difficult to be deciphered, or the language is not understood by the court, the evidence of persons skilled in deciphering the characters or who understand the language, is admissible to declare the characters or the meaning of the language
        
        Negotiable Instruments Law; Sections 11, 17 & 24
        
        Sec. 11. Date, presumption as to. - Where the instrument or an acceptance or any indorsement thereon is dated, such date is deemed prima facie to be the true date of the making, drawing, acceptance, or indorsement, as the case may be.
        
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        Interpretation due to Policy
        
        Natural Rights (130.19) - When an instrument is equally susceptible of two [(2)] interpretations, one [(1)] in favor of natural right and the other against it, the former is to be adopted.
        
        Multiple Constructions (130.18) -
        
        The interpretation most favorable to the party in whose favor the provision was made shall be adopted.
        
        Interpretation which one party intends the other party to understand the provision
        
        GR - When the terms of an agreement are reduced in writing, the document is considered as containing all the terms agreed upon between the parties. No evidence of such terms other than the contents of the written agreement may be entertained.
        
        XCPN - A party may present evidence to modify/explain/add to the terms IF they put in issue in a verified pleading any of the following:
        
        FAILURE (Lasedeco v. Garcia) - of the written agreement to express the true intent and agreement of the parties thereto
        
        AMBIGUITY - There is an intrinsic ambiguity,mistake, or imperfection in the written agreement
        
        VALIDITY - of the written agreement
        
        SUBSEQUENT AGREEMENTS - Existence of other terms agreed to by the parties/successors after the execution of the written agreement.
        
        Waiver (Sps. Paras v. Kimwa Corp) - The Parol evidence rule may be waived by failure to object to the introduction of evidence aliunde.
        
        VERIFICATION - Answer raising parol evidence must be in a verified pleading. Requirement of verification arose only post 2019 amendments.
        
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        Ambiguity - Must refer to an intrinsic ambiguity i.e., where the writing can have multiple valid constructions but the document itself is valid on its face. This may be due to matters outside the agreement that create the ambiguity (e.g., donate to X but there are multiple Xs)
        
        Extrinsic Ambiguity - An amibiguity that arises from the very face of the instrument due to defective/obscure//insensible language.
        
        Here, parol evidence not admissible as this would amount to the creation of a contract. (Void due to vitiated consent? or reformation idk)
        
        Nature of the Mistake (BPI v. Fidelity and Surety) - must be a mistake of fact, mutual to the parties.The pleading need not specifically state the words mistake and failure. So long as the other party makes a proper denial, the matters are put in issue.
        
        Imperfection (Regalado) - covers inaccurate statements, incompleteness in the writing, or inconsistent provisions.
        
        FAILURE - Mistake or imperfection of the writing may be a reason for the failure of the instrument or writing to embody the intention of the parties. This can cover fraud, inequitable conduct or accident.
        
        Reformation - In such cases, these are grounds for a reformation of instrument under NCC 1359. But, if there is no meeting of the minds, the proper action is an action for annulment on the basis of vitiation of consent under NCC 1390.
        
        Validity of Written Agreement - Parol evidence may be admitted to show:
        
        True consideration of a contract
        
        Want/Illegality of consideration
        
        Incapacity of parties
        
        Fictitious/absolutely simulated contract
        
        Fraud in inducement [2 Regalado 733, 2008 Ed.]
        
        Subsequent Agreements - Parol evidence is inadmissible only for prior or contemporaneous stipulations. The existence of another agreement after the execution of the original written agreement may be introduced without first complying with the requirement of putting the subsequent agreement in issue.
        
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        So obscure that the intent of the parties cannot be determined
        
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        Sps. Amoncio v. Benedicto - Here, parol evidence as regards prior/contemporaneous oral agreement was accepted because of failure to object to presentation. In addition, estoppel applied as Sps. Amoncio signed the building permit.
        
        Rationale (Cruz v. CA) - the presumption that when the parties have reduced their agreement to writing, the parties have made such writing the only repository and memorial of the truth. Thus, whatever it is not found in the writing is understood to have been waived or abandoned by the parties.
        
        This gives primacy to the literal terms of the written agreements between the parties.
        
        However, it applies only to the written agreement itself, and not as regards any contemporaneous, or subsequent oral agreements between the same parties.
        
        Nature - An exclusionary rule, meaning sets of evidence are excluded if not compliant with the rule.
        
        Applies to evidence aliunde or evidence extraneous to the written contract between the parties. Not necessarily oral evidence.
        
        Introduction of Parol Evidence (Sps. Paras v. Kimwa Corp) - Both requisites must be present:
        
        EXCEPTIONS - Any of the four exceptions have been put in issue in a party's pleading/adverse party did not object;
        
        BASIS - The parol evidence sought to be presented forms the basis of the conclusion proposed by the presenting party.
        
        Parol Evidence/Original Document Rules
        
        As to the Existence of the Original
        
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        Due to Loss(130.5) & (Republic v. Marcos-Manotoc) - here, in order for the secondary evidence to be admissible, there must be proof by satisfactory evidence of the following:
        
        LOSS - Destruction or unavailability of the originals
        
        EXECUTION - Due execution of the original (if more than one, all must be shown to be lost)
        
        DILIGENCE - Reasonable diligence and good faith in the search for or, attempt to produce the original or absence of bad faith
        
        Order of Presentation of Secondary Evidence -
        
        COPY - of the original
        
        RECITAL - of its contents in some authentic document
        
        TESTIMONY - of witnesses
        
        Due Execution (How Proven) - By testimony of either
        
        PERSONS - who executed it
        
        ACKNOWLEDGED - Person before whom its execution was acknowledged
        
        PRESENT - Any person present and saw it executed and delivered or who, after its execution and delivery, saw it and recognized the signatures, or by a person to whom the parties to the instrument had previously confessed the execution thereof.
        
        Order of Presentation of Loss (Citibank Mastercard v. Efren Teodoro) - Existence, Execution, Loss and Contents.
        
        Unobtainable/Custody (130.6) & Villarey Transit v. Ferrer - Refers to cases where the original is in the custody/control of the adverse party o, the original cannot be obtained by local juridical processes or procedures. Requisites:
        
        ORIGINAL - Exists
        
        CUSTODY - the document is under custody/control of the adverse party or, circumstances indicate that the writing is in his possession or under his control.
        
        NOTICE - There was reasonable notice to produce the original document given
        
        FAILURE - the adverse party failed to produce the original despite reasonable notice.
        
        Forms of Notice -
        
        MOTION - For production of the Original
        
        REQUEST - made in open court int he presence of the adverse party
        
        SUBPOENA - Duces Tecum
        
        When Notice Not Needed
        
        FRAUD - Adverse party fraudulently obtained possession of the document
        
        USELESS - Notice is useless due to admission of the loss of the paper or loss is otherwise proven
        
        NOTICE - Paper to be produced is itself a notice
        
        WAIVER - Notice is waived by agreement of the parties
        
        Custody and Admission (Villa Rey Transit, Inc. v. Ferrer) - it is not necessary for a party seeking to introduce secondary evidence to show that the original is in the actual possession of his adversary. It is enough that the circumstances are such as to indicate that the writing is in his possession or under his control.
        
        Neither is it required that the party entitled to the custody of the instrument should, on being notified to produce it, admit having it in his possession. Thus, secondary evidence is admissible where he denies having it in his possession.
        
        Voluminous Documents (130.7) - Instances where the original consists of numerous accounts examination of which will entail a great loss of time.
        
        NUMEROUS - original consists of numerous accounts or other documents
        
        LOSS OF TIME - Such accounts or documents cannot be examined in court without great loss of time
        
        GENERAL WHOLE - The fact sought to be established from them is only the general result of the whole.
        
        How Submitted (Republic v. Mupas) - Must first comply with the following conditions
        
        ORIGINAL - That the source documents which are being summarized were the originals of the documents;
        
        AVAILABILITY - that the source documents must be accessible to the opposing party so that the correctness of the summary of the voluminous records may be tested on cross-examination and/or may be refuted in the pleadings.
        
        How Proven - By a chart, summary, or calculation of the contents. The originals shall be available for examination or copying or both, by the adverse party at a reasonable time and place. The court may later order that they be produced in court.
        
        By Whom Audited (Compania Maritima v. AFWU) -
        
        GR – “[A]n audit made by, or the testimony of, a private auditor, is inadmissible in evidence as proof of the original records, books of accounts, reports or the like.”
        
        XCPN - there is a preliminary showing as to the difficulty or impossibility attending the production of such records in court and their examination and analysis as evidenced by the court (Voluminous rule applies)
        
        Public Record (130.8) - When the original is a public record in the custody of a public officer or is recorded in a public office.
        
        EXISTS - That the original exists
        
        PUBLIC RECORD - That the original is a public record
        
        IN CUSTODY - That the same is in the custody of a public officer or is recorded in a public office
        
        How Proven - Certified copy issued by the public officer in custody thereof
        
        Outside Jurisdiction - When original is outside the jurisdiction of the court.
        
        ORIGINAL - That the original exists
        
        OUTSIDE - That the original is outside the jurisdiction of the court, as when it is in a foreign country
        
        How Proven - Same as 130.6
        
        Party who Calls for Production (130.9) - A
        party who calls for the production of a document and inspects the same is not obliged to offer it as evidence.
      - XCPN - Here, secondary evidence admissible under the following circumstances.
        
        LOST - When the original is lost, destroyed, or cannot be produced in court without bad faith on the part of the offerror
        
        UNOBTAINABLE - Original is in the custody/control of the party against the whom the evidence is offered and the latter fails to produce it after reasonable notice OR the original cannot be obtained by local judicial processes or procedures.
        
        VOLUMINOUS - 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;
        
        PUBLIC RECORD - When the original is a public record in the custody of a public officer or, is recorded in a public office.
        
        NOT RELATED - When the original is not closely-related to a controlling issue. (Collateral mater rule rule)
      - Applicability - Note that this applies exclusively to documentary evidence.
      - Party who calls for document not bound to offer it (Rule 130, Sec. 9) - party who calls for the production of a document and inspects the same is not obliged to offer it as evidence. (8)
        
        Birth Certificate (People v. Cayabyab) -
      - What Consists of Original Documents (130.4) -
        
        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 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."
        
        Duplicate - 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 rerecording, or by chemical reproduction, or by other equivalent techniques which accurately reproduce the original
        
        Admissibility of Duplicates - admissible to the same extent as an original unless:
        
        AUTHENTICITY - a genuine question is raised as to the authenticity of the original, or
        
        INEQUITY - in the circumstances, it is unjust or inequitable to admit the duplicate in lieu of the original.
        
        Photocopies - Under the new rules, these are considered as originals. Objection to admissibility under only the above two grounds.
        
        Inadmissibility of Evidence in Prosecution - Assign it as error n appeal, as prosecution presents defense last, and can object there.
        
        Rationale of Best Document (Heirs of Prodon v. Alvarez) - is to ensure that the exact contents of a writing are brought before the court, considering that:
        
        PRECISION - the precision in presenting to the court the exact words of the writing is of more than average importance
        
        INACCURACY - there is a substantial hazard of inaccuracy in the human process of making a copy by handwriting or typewriting
        
        ERROR - as respects oral testimony purporting to give from memory the terms of a writing, there is a special risk of error, greater than in the case of attempts at describing other situations generally.
        
        FRAUD - Insurance against Fraud
        
        MISLEADING - protects against misleading inferences resulting from the intentional or unintentional introduction of selected portions of a larger set of writings.
        
        Request Stipulation of the Other Side - When best document is invoked, ask the other lawyer to stipulate on the contents of the document.
        
        More or less, memory is treacherous.
        
        Carbon Copies (People v. Tan) - Considered as duplicate originals, as they produce a facsimile of the original document.
      - Best Evidence Rule - Now known as original document rule.
        
        Applicability (Flores v. People) - Where the issue is only as to whether or not such document was actually executed, or exists, or in the circumstances relevant to or surrounding its execution, the best evidence rule does not apply.
        
        Electronic Evidence - An electronic document shall be regarded as the equivalent of an original document under the Best Evidence Rule if it is a printout or output readable by sight or other means, shown to reflect the data accurately
    - - Differentiated from Object Evidence - If offered as proof of their contents, documentary. If otherwise, then object evidence.
      - Document - A material substance on which the thoughts of men are represented by writing, or any other species of conventional mark or symbol.
        
        Original - the document itself, or any counterpart intended to have the same effect by a person executing or issuing it. (Covers negative of a photograph and prints therefrom). If the data is in a computer, any printout or output readable by sight or other means shown to reflect the data accurately is an original.
        
        Duplicate(130.2) - Counterparts produced by other equivalent techniques which accurately reproduce the original
        
        Admissibility (130.4) -
        
        GR - As a rule, a duplicate is admissible to the same extent as an original.
        
        XCPN - a general question is raised as to the authenticity of the original OR in the circumstances, it is unjust or inequitable to admit the duplicate in lieu of the original.
        
        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. Nevertheless, the party who introduced the document while bound thereby may impeach the evidence as regards its validity or the effect that the evidence is purported to have.
        
        Requisites of Admissibility -
        
        RELEVANT - Document must be relevant
        
        AUTHENTICATED - document must be authenticated
        
        WITNESS - authenticated by a competent witness
        
        OFFERED - formally offered in evidence
      - When Document is Object Evidence -
        
        EXISTENCE - When it tends to prove the existence or non-existence of the document
        
        HANDWRITING - When the purpose is to prove the nature of the handwriting in the document
        
        AGE - When the intention of the party is to determine the age of the paper or material used
        
        ALTERATIONS - When its purpose is to prove the alterations, blemishes, or forgery in a document.
    - - a. Public Documents (Rule 132, Sections 19, 23 to 30; Civil Code, Article 408; R.A. No. 8424, Sec. 201; Apostille Convention)
        
        b. Private Documents (Rule 132, Sections 20 to 22, 32 to 33) -
        
        GR - Before any private document offered as authentic is received as evidence, its due execution and authenticity must be proven.
        
        Proof of Private Documents (Sec. 20) - Its due execution and authenticity must be proven. This may be done by either:
        
        Anyone who saw the document executed or written
        
        By evidence of the genuineness of the signature or handwriting of the maker
        
        By other evidence showing its due execution and authenticity
        
        How Authenticated (Malayan Insurance v. Phil Nails and Wires) - Must be authenticated by:
        
        The person who executed it,
        
        The person before whom its execution was acknowledged
        
        Any person who was present and saw it executed, or
        
        A person, who after its execution, saw it and recognized the signatures, or
        
        The person to whom the parties to the instruments had previously confessed execution thereof
        
        Incorporation into Public Record (RP V. Sandiganbayan) - If a private writing itself is inserted officially into a public record, its record, its recordation, or its incorporation into the public record becomes a public document, but that does not make the private writing itself a public document so as to make it admissible without authentication
        
        Exceptions to Requirement of Proof of Authenticity of Private Writing -
        
        Ancient Document
        
        when the genuineness and authenticity of the actionable document have not been specifically denied under oath by the adverse party;
        
        when the genuineness and authenticity of
        the document have been admitted;
        
        when the document is not being offered as genuine.
        
        Ancient Document Rule (21) - Any document that complies with the following requisites:
        
        More than 30 years old;
        
        Produced from a custody in which it
        would naturally be found if genuine; and
        
        Unblemished by any alterations or circumstances of suspicion
        
        How genuineness of handwriting proved (Sec. 22) - May be proven by any of the following:
        
        By any witness who believes it to be the handwriting of such person because
        1a. He/she has seen the person write; or 1b. He/she has seen writing purporting to
        be his/hers upon which the witness has acted or been charged, and has thus
        acquired knowledge of the handwriting of such person
        
        comparison by the witness or the court of the questioned handwriting, and admitted genuine specimens thereof or proved to be genuine to the satisfaction of the judge
        
        Expert Evidence
        
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        c. Alteration in Documents (Rule 132, Section 31) - The party producing the altered document, presenting it as genuine must account for the alteration. Otherwise, Inadmissible.
        
        d. Seal (Rule 132, Sec. 32) - No diﬀerence between sealed and unsealed private documents insofar as their admissibility as evidence is concerned.
        
        e. Documentary evidence in an unofficial language (Rule 132, Section 33) -
        
        GR - Not admissible
        
        XCPN - accompanied by a translation into English or Filipino.
        
        Form of Translation (People v. Tomaquin) - When an exhibit written in any language other than the official language (Filipino or English) is presented as evidence,the exhibit should be:
        
        Translated by the official interpreter of the court, or
        
        a translation should be agreed upon by the parties, and both original and translation sent to this court.
        
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        How Alteration is Accounted For - Party producing document may show that the alteration was:
        
        NO CONCURRENCE - Was made by another, without his/her concurrence;
        
        WITH CONSENT - Was made with the consent of the parties affected by it;
        
        INNOCENT - Was otherwise properly or innocently made; or
        
        SAME MEANING - Did not change the meaning or language of the instrument.
        
        Classes of Documents (Section 19) - Public Documents are documents falling under the specific enumeration of Sec. 19, namely:
        
        Public Documents as Evidence (Section 23) - Can be subdivided into two categories.
        
        Proof of Official Record; Attestation (Section 24; 25) - Proof must be:
        
        By an official publication thereof; or
        
        By a copy of the document attested by the officer having legal custody of the record, or his/her deputy
        2a. If record is not kept in the Philippines: accompany with a certificate that such officer has the custody
        2ai.If the foreign country is a contracting party to a treaty or convention to which the Philippines is also a party, or it is considered a public document under the treaty or convention: certificate or its equivalent shall be in the form prescribed therein, subject to reciprocity
        2aii. If not a contracting party: certificate made by a secretary of the embassy or legation, consul general, consul, vice-consul, or consular agent, or any officer in the foreign service of the Philippines stationed in the country where the record is kept
        
        Must be authenticated by the seal of his/her office
        
        Irremovability of Public Record (Section 26) - Any public record, an oﬃcial copy of which is admissible in evidence, must not be removed from the oﬃce in which it is kept, except upon order of a court where the inspection of the record is essential to the just determination of a pending case.
        
        Public Records of a Private Document (Section 27) - An authorized public record of a private document may be proved:
        
        By the original record;
        
        By a copy thereof, attested by the legal custodian of the record, with an appropriate certificate that such officer has the custody
        
        Proof of Lack of Record (Section 28) - Must comply with two requisites:
        
        WRITTEN STATEMENT
        1a. Signed by an officer having the custody of an official record or by his/her deputy
        1b. Must state that after diligent search, no record or entry of a specified tenor is found to exist in the records of his/her office
        
        CERTIFICATE - accompanying the written statement, stating that the officer has the custody
        
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        What Attestation must State (25) -
        
        Must state that the copy is a correct copy of the original or a specific part thereof, as the case may be
        
        Must be under the official seal of the attesting officer, if there be any, or if he/she be the clerk of a court having a seal, under the seal of such court
        
        Exception to Certificate Requirement - The certificate shall not be required when a treaty or convention between a foreign country and the Philippines has abolished the requirement or has exempted the document itself.
        
        Entries in Public Records - made in the performance of a duty by a public oﬃcer are prima facie evidence of the facts therein stated
        
        All other Public Documents - Evidence of the fact which gave rise to their execution and of the date of the latter
        
        Enumeration -
        
        The written oﬃcial acts, or records of the sovereign authority, oﬃcial bodies and tribunals, and public oﬃcers, whether of the Philippines, or of a foreign country;
        
        Documents acknowledged before a notary public except last wills and testaments;
        
        Documents that are considered public documents under treaties and conventions which are in force between the Philippines and the country of source; and
        
        Public records, kept in the Philippines, of private documents required by law to be entered therein.
  - - - Authentication - Authentication refers to showing that the object is the very thing that is either the subject matter of the lawsuit or the one involved to prove an issue in the case.
      - Time for Objection to Admissibility (Cruz v. CA) - The proper time to make a protest or objection is when, from the question addressed to the witness, or from the answer thereto, or from the presentation of proof, the inadmissibility of evidence is, or may be inferred.
  - - - Chain of Custody Rule (RA 9165, Sec. 21) - It must be established that the item subject of the offense is the same as the substance offered in court as an exhibit.
        
        Admissibility of Demonstrative Evidence - Must sufficiently and accurately represent the object sought to be represented. Furthermore, the object evidence must be properly authenticated or identified.
        
        Photographs/Videos (11.1) - The correctness of the photograph as a faithful representation of the object portrayed can be proved prima facie by:
        
        Testimony of the person who made it;
        
        Testimony of other competent witnesses familiar with the scene/persons portrayed. This is within the discretion of the trial court.
        
        DNA Evidence - Governed primarily by the Rule on DNA Evidence and suppletorily by The Rules of Court and other pertinent laws. May be used in all proceedings (special/criminal/civil)
        
        Considerations for the Court (People v. Yatar) - Courts shall consider the following when determining the probative value of the DNA evidence:
        
        METHODOLOGY - including the procedure followed in analyzing the samples, compliance with the scientifically valid standards in conducting the tests.
        
        ACCREDITATION - - Accreditation, qualification of the analysts, relevant experience of the laboratory, etc.
        
        RELIABILITY - of the testing result
        
        CHAIN OF CUSTODY - Including how the samples were collected, handled and the possibility of contamination.
        
        Rules on Paternity (Sec. 9, Rule on DNA Evidence) - DNA results that exclude the putative parent from paternity shall be conclusive proof of non-paternity.
        
        Less Than - If the value of the Probability of Paternity is less than 99.9%, the results of the DNA testing shall be considered as corroborative evidence.
        
        More Than - If the value of the Probability of Paternity is 99.9% or higher there shall be a disputable presumption of paternity.
        
        How the samples were collected
        
        How they were handled
        
        Possibility of contamination of samples
        
        Procedure followed in analyzing samples
        
        Whether proper standards and procedures were followed in conducting the tests
        
        Qualification of the analyst who conducted the tests
        
        Polygraph Tests - Courts reject the results of polygraph tests when offered in evidence because it has not yet attained scientific acceptance as a reliable and accurate means of ascertaining truth or deception.
        
        Paraffin Tests - In general, have been considered inconclusive by the Court because they have proved extremely unreliable in use. They can only establish the presence/absence of nitrates on the hand, but they cannot determine if it is from the discharge of a firearm.
        
        Authentication of Voice - The identity of the caller could also be established by the caller’s self-identification, coupled with additional evidence, like:
        
        the context and timing of the telephone call
        
        the contents of the statement challenged
        
        internal patterns and other distinctive characteristics, and
        
        disclosure of facts known peculiarly to the caller
        
        Chain of Custody Stages -
        
        SEIZURE - and marking, if practicable from the accused by the apprehending officer
        
        TURNOVER - by the officer to the investigating officer
        
        TURNOVER - by the investigating officer to the forensic chemist for laboratory examination
        
        SUBMISSION - of the marked illegal drug from the chemist to the court/.
        
        When Unnecessary (People v. Olarte) - If the evidence is unique, readily identifiable, and relatively resistant to change, that foundation need only consists of testimony by a witnesss with knowledge that the evidence is what the proponent claims. Otherwise, chain of custody applies.
        
        Signature - Same as Chain of custody, manner of authenticating evidence.
        
        Principle of Authentication - that real evidence must be authenticated prior to its admission into evidence. Authenticaiton is showing to the court that it is what it claims it to be.
        
        Definition of Chain of Custody - The apprehending team having initial custody and control of the drugs shall, immediately after seizure and confiscation, physically inventory and photograph the same in the presence of the accused or the person/s from whom such items were confiscated and/or seized, or his/her representative or counsel, a representative from the media and the Department of Justice (DOJ), and any elected public official who shall be required to sign the copies of the inventory and be given a copy thereof
        
        Effect of Non-Compliance - In case of non observance of the provision, the apprehending/seizing officers must state the justification or explanation therefor as well as the steps they have taken in order to preserve the integrity and evidentiary value of the seized/confiscated items.
        
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        Guidelines for Chain of Custody
        
        In the sworn statements/affidavits, the apprehending/seizing officers must state their compliance with the requirements of Section 21 (1) of RA 9165, as amended, and its IRR.
        
        In case of non-observance of the provision, the apprehending/seizing officers must state the justification or explanation, and the steps they have taken in order to preserve the integrity and evidentiary value of the seized/confiscated items.
        
        If there is no justification or explanation expressly declared in the sworn statements or affidavits, the investigating fiscal must not immediately file the case before the court. Instead, he or she must refer the case for further preliminary investigation in order to determine the (non) existence of probable cause
        
        If the investigating fiscal filed the case despite such absence, the court may exercise its discretion to either refuse to issue a commitment order (or warrant of arrest) or dismiss the case outright for lack of probable cause in accordance with Section 5, 40 Rule 112, Rules of Court.
        
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      - Classification by Uniqueness
        
        Unique Objects - Objects that nave readily identifiable marks or those that exhibit identifiable visual/physical peculiarities.
        
        Objects Made Unique - Objects with no unique characteristic but readily identifiable by law enforcers upon retrieval or confiscation.
        
        Non-Unique - objects with no identifying marks and those that cannot be marked.
        
        Appreciation of Age as Object Evidence (People v. Prunah) -
        
        BIRTH CERTIFICATE - The best evidence to prove the age of the offended party is an original or certified copy of the certificate of live birth of such party.
        
        SIMILAR RECORDS - In the absence of a certificate of live birth, similar authentic records such as baptismal certificate and school records which show the date of birth of the victim would suffice to prove age.
        
        TESTIMONY - If the certificate of live birth or authentic document is shown to have been lost or destroyed or otherwise unavailable, the testimony, if clear and credible, of the victim’s mother or a member of the family either by affinity or consanguinity who is qualified to testify on matters respecting pedigree such as the exact age or date of birth of the offended party pursuant to Section 40, Rule 130 of the Rules on Evidence shall be sufficient under the ff circumstances:
        3a. If the victim is alleged to be below 3 years of age and what is sought to be proved is that she is less than 7 years old
        3b. If the victim is alleged to be 7 years of age and what is sought to be proved is that she is less than 12 years old
        3c. If the victims is alleged to be 12 years of age and what is sought to be proved is that she is less than 18 years old
        
        COMPLAINANT'S TESTIMONY - In the absence of a certificate of live birth, authentic document, or the testimony of the victim’s mother or relatives concerning the victim’s age, the complainant’s testimony will suffice provided that it is expressly and clearly admitted by the accused.
        
        It is the prosecution that has the burden, of proving the age of the offended party. The failure of the accused to object to the testimonial evidence regarding age shall not be taken against him.
        
        The trial court should always make a categorical finding as to the age of the victim.
        
        Age Brackets - Anchored on how apparent the age difference is
    - - Hearsay Evidence (De la llana v. Bong) - Medical certificate hearsay when testimony of the expert who prepared the document.
    - - Mere Mechanical Acts - Mechanical acts not meant not meant to unearth undisclosed facts but to ascertain physical attributes determinable by simple observation do not fall within the scope of the protection This includes:
        
        requiring the accused to submit to a test to extract virus from his body, or
        
        compelling him to expectorate morphine from his mouth, or
        
        making her submit to a pregnancy test or
        
        footprinting test,
        
        requiring him to take part in a police lineup in certain cases.
- - - - Evidence on Collateral Matters
        
        GR - Not allowed.
        
        XCPN - When it tends in any reasonable degree, to establish the probability or improbability of the fact in issue.
      - Competency - Evidence not excluded by the Constitution, law, or the Rules of Court is competent evidence.
        
        Importance of Offering Evidence (132.34) - the Court shall consider no evidence which has not been formally offered. The purpose for which the evidence is offered must be specified.
        
        Form Of Offer (132.35) - Evidence must be orally offered.
        
        When Made (132.35) - Section 35. When to make offer. —
        
        Testimonial Evidence - Offer must be made at the time the witness is called to testify.
        
        Documentary / Object - shall be offered after the presentation of a party's testimonial evidence.
        
        When Objection Made (132.36) - In any case, the grounds for the objections must be specified. (36a)
        
        Oral Offer - Objection to evidence offered orally must be made immediately after the offer is made.
        
        Objection to Questions - Objection to a question propounded in the course of the oral examination of a witness shall be made as soon as the grounds therefor shall become reasonably apparent.
        
        Written Offer - An offer of evidence in writing shall be objected to within three (3) days after notice of the unless a different period is allowed by the court.
        
        Form of Offer - Such offer shall be done orally unless allowed by the court to be done in writing. (n)
  - - - Section 2. Order for examination. — The order for examination may be made only on motion for good cause shown and upon notice to the party to be examined and to all other parties, and shall specify the time, place, manner, conditions and scope of the examination and the person or persons by whom it is to be made.
        
        Section 3. Report of findings. — If requested by the party examined, the party causing the examination to be made shall deliver to him or her a copy of a detailed written report of the examining physician setting out his or her findings and conclusions. After such request and delivery, the party causing the examination to be made shall be entitled upon request to receive from the party examined a like report of any examination, previously or thereafter made, of the same mental or physical condition. If the party examined refuses to deliver such report, the court on motion and notice may make an order requiring delivery on such terms as are just, and if a physician fails or refuses to make such a report the court may exclude his or her testimony if offered at the trial.
        
        Section 4. Waiver of privilege. — By requesting and obtaining a report of the examination so ordered or by taking the deposition of the examiner, the party examined waives any privilege he or she may have in that action or any other involving the same controversy, regarding the testimony of every other person who has examined or may thereafter examine him or her in respect of the same mental or physical examination.