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RULES OF EVIDENCE - Coggle Diagram

- - - - A. OBJECT (REAL) EVIDENCE
        
        Section 1. Object as evidence. – Objects 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 court.
      - B. DOCUMENTARY EVIDENCE
        
        ORIGINAL DOCUMENT RULE
        
        SECONDARY EVIDENCE
        (USED TO PROVE EXECUTION/EXISTENCE OF ORIGINAL DOCUMENT)
        
        PAROL EVIDENCE RULE
        
        HOW PROVEN: WRITTEN AGREEMENT
        ONLY CONTENTS OF WRITTEN AGREEMENT
        Section 10. Evidence of written agreements. – When the terms of an agreement have been reduced to writing, it is considered as containing all the terms agreed upon and there can be, as between the parties and their successors in interest, no evidence of such terms other than the contents of the written agreement.
        
        UNLESS VERIFIED PLEADING PUTS IN ISSUE:
        However, a party may present evidence to modify, explain or add to the terms of the written agreement if he or she puts in issue in a verified pleading:
        
        INTRINSIC AMBIGUITY,
        MISTAKE OR
        IMPERFECTION
        (a) An intrinsic ambiguity, mistake or imperfection in the written agreement;
        
        FAILURE TO EXPRESS TRUE INTENT & AGREEMENT
        (b) The failure of the written agreement to express the true intent and agreement of the parties thereto;
        
        VALIDITY
        (c) The validity of the written agreement; or
        
        EXISTENCE OF OTHER TERMS BY PARTIES OR SUCCESSORS IN INTEREST
        AFTER EXECUTION
        (d) The existence of other terms agreed to by the parties or their successors in interest after the execution of the written agreement.
        
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        (WHEN MAY SECONDARY EVIDENCE BE ADMITTED TO PROVE ORIG DOC?)
        
        LDC
        REQS FOR LDC
        
        PROOF OF EXECUTION & EXISTENCE
        
        CAUSE OF UNAVAILABILITY
        
        NO BAD FAITH
        Section 5. When original document is unavailable. – When the original document has been lost or destroyed, or cannot be produced in court, the offeror, upon proof of its execution or existence and the cause of its unavailability without bad faith on his or her part, may prove its contents by a copy, or by recital of its contents in some authentic document, or by the testimony of witnesses in the order stated. (5a)
        
        CUSTODY/CONTROL OF ADVERSE PARTY
        
        REASONABLE NOTICE
        Section 6. When original document is in adverse party’s custody or control. –
        If the document is in the custody or under the control of the adverse party, he or she must have reasonable notice to produce it.
        
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        ALL ORIGINAL COPY MUST BE LOST
        When more than one original copy exists, it must appear that all of them have been lost, destroyed, or cannot be produced in court before secondary evidence can be given of any one. A photocopy may not be used without accounting for the other originals.
        [Citibank v. Teodoro, G.R. No. 150905 (2003)].
        
        WHEN LOST? UNDISCOVERED BY REASONABLE SEARCH
        The general rule concerning proof of a lost instrument is, that reasonable search shall be made for it in the place where it was last known to have been, and, if such search does not discover it, then inquiry should be made of persons most likely to have its custody, or who have some reasons to know of its whereabouts. [Tan v. CA, G.R. No. L-56866 (1985)]
        
        ONLY ORIG DOC IS ADMISSIBLE
        Section 3. Original document must be produced; exceptions. –
        When the subject of inquiry is the contents of a document, writing, recording, photograph or other record, no evidence is admissible other than the original document itself, except in the following cases:
        
        ORIGINAL
        
        DOC ITSELF
        
        INTENDED TO HAVE SAME EFFECT BY ISSUER/EXECUTING PERSON
        Section 4. Original of document. –
        (a) An “original” of a document is the document itself or any counterpart intended to have the same effect by a person executing or issuing it.
        
        DUPLICATE
        PRODUCED BY:
        
        SAME IMPRESSION
        
        SAME MATRIX
        
        PHOTOGRAPHY
        
        RE-RECORDING
        
        CHEMICAL REPRODUCTION
        
        OTHER EQUIVALENT TECHNIQUES
        (b) A “duplicate” is 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 re-recording, or by chemical reproduction, or by other equivalent techniques which accurately reproduce the original.
        
        DUPLICATE IS ADMISSIBLE
        (c) A duplicate is admissible to the same extent as an original unless
        
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        CARBON COPIES ARE DUPLICATES
        Carbon copies are deemed duplicate (originals). [People v Tan, G.R. No. L-14257 (1959); Skunac v. Sylianteng, G.R. No. 205879 (2014)]
        
        PHOTO'S NEGATIVE OR ANY PRINT = ORIG
        An “original” of a photograph includes the negative or any print therefrom.
        
        DATA PRINTED OUT
        READABLE BY SIGHT OR OTHER MEANS+ ACCURATE = ORIG
        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.”
        
        EXCEPTIONS TO ODR
        LCVPO
        
        LOST, DESTROYED, CANNOT BE PRODUCED IN COURT
        (a) When the original is lost or destroyed, or cannot be produced in court, without bad faith on the part of the offeror;
        
        CONTROL/CUSTODY OF ADVERSE PARTY OR
        CANNOT BE PRODUCED BY LJP/P
        (b) When the original is in the custody or under the control of the party against 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 + GR OF WHOLE
        (c) 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 IN PO'S CUSTODY
        OR RECORDED IN PUBLIC OFFICE
        (d) When the original is a public record in the custody of a public officer or is recorded in a public office; and
        
        ORIG IS NOT CLOSELY-RELATED TO CONTROLLING ISSUE
        (e) When the original is not closely-related to a controlling issue. (3a)
        
        Rule 130, Sections 3-4;
        
        Rule 132, Sections 16 and 18;
        
        Civil Code, Articles 265-267;
        
        Rules on
        Electronic Evidence,
        
        Rule 2, Section 1;
        
        Rule 3;
        
        Rule 4.
        
        Electronic Commerce Act of 2000 (R.A. No. 8792), Sections 5, 6-15;
        
        WHAT ARE DOCUMENTS AS EVIDENCE?
        Section 2. Documentary evidence. – Documents as evidence consist of writings, recordings, photographs or any material containing letters, words, sounds, numbers, figures, symbols, or their equivalent, or other modes of written expression offered as proof of their contents.
        
        "PHOTOGRAPH"
        Photographs include still pictures, drawings, stored images, x-ray films, motion pictures or videos. (2a)
      - WHOSE TESTIMONY MAY PROVE DUE EXECUTION?
        EASRC
        Due execution of the document should be proved through the testimony of either:
        
        PERSON/S WHO EXECUTED IT
        the person or persons who executed it;
        
        PERSON BEFORE WHOM EXECUTION WAS ACKNOWLEDGED
        the person before whom its execution was acknowledged; or
        
        UPON EXECUTION & DELIVERY,
        ANY PERSON WHO
        a. WAS PRESENT
        b. SAW IT EXECUTED & DELIVERED
        
        AFTER EXECUTION & DELIVERY,
        ANY PERSON WHO
        a. SAW IT
        b. RECOGNIZED THE SIGNATURES
        
        PERSON TO WHOM PARTIES PREVIOUSLY CONFESSED THE EXECUTION
        any person who was 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 instruments had previously confessed the execution thereof
        
        [Director of Lands v. C.A., G.R. No. L-29575 (1971))
    - - DISCRETIONARY JUDICIAL NOTICE:
        
        PUBLIC KNOWLEDGE; (PK)
        -
        
        MATTERS CAPABLE OF UNQUESTIONABLE DEMONSTRATION; OR (MCOUD)
        -
        
        OUGHT TO BE KNOWN TO JUDGES BECAUSE OF THEIR JUDICIAL FUNCTIONS (OTBKTJ-BCOTJF)
        Rule 129 Section 2. Judicial notice, when discretionary. — A court may take judicial notice of matters which are of public knowledge, or are capable to unquestionable demonstration, or ought to be known to judges because of their judicial functions. (1a)
        
        WHEN HEARING IS NECESSARY
        
        Section 3. Judicial notice, when hearing necessary. – During the pre-trial and the trial, the court, motu proprio or upon motion, shall hear the parties on the propriety of taking judicial notice of any matter.
        
        Before judgment or on appeal, the court, motu proprio or upon motion, may take judicial notice of any matter and shall hear the parties thereon if such matter is decisive of a material issue in the case. (3a)
        
        JA DOES NOT REQUIRE PROOF
        Section 4. Judicial admissions. –
        An admission, oral or written, made by the party in the course of the proceedings in the same case, does not require proof.
        The admission may be contradicted only by showing...
        
        PALPABLE MISTAKE (PM)
        that it was made through palpable mistake
        
        NO ADMISSION WAS MADE (NA)
        or that the imputed admission was not, in fact, made. (4a
        
        HOW JN REQUIRING HEARING IS DONE
        (MM)
        
        MOTION
        
        MOTU PROPRIO
  - - - REQ OF ADMISSIBILITY
        (RC)
        
        RELEVANT
        
        COMPETENT
        Section 3. Admissibility of evidence. – Evidence is admissible when it is relevant to the issue and not excluded by the Constitution, the law or these Rules. (3a)
        
        INDUCES BELIEF IN ITS
        EXISTENCE OR NON-EXISTENCE
        Section 4. Relevancy; collateral matters. – Evidence must have such a relation to the fact in issue as to induce belief in its existence or non-existence.
        
        EVIDENCE ON COLLATERAL MATTERS
        Evidence on collateral matters shall not be allowed,
        
        EXCEPT WHEN IT ESTABLISHES PROBABILITY/IMPROBABILITY OF
        FACT IN ISSUE
        except when it tends in any reasonable degree to establish the probability or improbability of the fact in issue.
      - EXCEPT AS OTHERWISE PROVIDED BY LAW OR THESE RULES