EVIDENCE Instruction: Answer the following questions based on the jurisprudence laid down by the Supreme Court in the

given cases. 1. When the physical evidence runs counter to the testimonial evidence, which would prevail between the two? (BPI vs. Reyes, G.R. No. 157177, Feb.11, 2008) 2. In a prosecution for rape, is the presentation of an unauthenticated photocopy of the birth certificate of the victim sufficient to establish the fact that she was a minor at the time of the incident? (People vs. Cayabyab, 465 SCRA 681, 2005) 3. Accused was convicted of qualified rape. The victim was her own 13-year old daughter. While no documentary evidence or other evidence was presented to prove the age of the victim or her relationship to the accused, the accused himself on cross-examination admitted them both. Can the court consider the two qualifying circumstances against the accused? (People vs. Padilla, 601 SCRA 385, 2009) 4. Can the court convict the accused of statutory rape even if the birth certificate of the victim was not presented in court? (Remiendo vs. People, 603 SCRA 274, 2009) 5. In a prosecution for incestuous rape of a minor, are photocopies of the marriage contract of the victims parents as well as her birth certificate admissible in evidence? (People vs. Dimaano, 469 SCRA 647, 2005) 6. a.) What are the requisites to be proved before secondary evidence may be admitted in evidence?; b.) Where the court erroneously admits unauthenticated copies of documents in violation of the Best Evidence Rule, may the other party avail of the remedy of certiorari? (Lee vs. People, 440 SCRA 662 (2004) 7. In the prosecution of Falsification of Documents, is it indispensable to present the original copy of the alleged falsified document? (Pacasum vs. People, 585 SCRA 616, 2009) 8. In an action for annulment of document on the ground that its validity and effectivity were conditioned on an alleged suspensive condition but which does not appear on the subject document, may the court allow presentation of testimonial evidence to prove such suspensive condition? (Allied Banking vs. Cheng Yong, 472 SCRA 101, 2005) 9. Plaintiff and defendant entered into a lease contract over a parcel of land. When sued for ejectment, defendant-lessee raised as counterclaim cost of the construction materials. Can the defendant present testimonial evidence to prove their oral agreement even if the lease contract does not mention any such oral agreement? (Sps Amoncio vs. Benedicto, 560 SCRA 219, 2008) 10. In an action for the Annulment of a Deed of Sale involving a parcel of land, plaintiff anchored his case on a claim that during his lifetime, the owner promised him that should she sell the same, plaintiff would be given the first opportunity to buy the same. Can the alleged right of first refusal be proved by parol evidence? May the testimony be objected to under the Survivors Disqualification Rule? Explain. (Estate of Llenado vs. Llenado, 580 SCRA 546, 2009) 11. May subsequent agreements provable by oral testimony without violating the Parole Evidence Rule? (Raymundo vs. Lunaria, 569 SCRA 526, 2008) 12. Explain subsequent and contemporaneous act of the parties in the interpretation of documents. (Marquez vs. Espejo, 629 SCRA 117, 2010) 13. May the wife testify against her husband without violating the Marital Disqualification Rule if the relationship has been strained but the marriage bond has not been legally severed? (Alvares vs. Ramirez, 473 SCRA 259, 2005) 14. Does the Parental and Filial Disqualification Rule apply in Special Proceedings cases? (Petition for Cancellation, 625 SCRA 66, 2010)

15. Distinguish admission against interest from declaration against interest. (Lazaro vs. Agustin, 618 SCRA 298, 2010)