Professional Documents
Culture Documents
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*Sec.4. In what cases not applicable. These Rules shall not apply to election
cases, land registration, cadastral, naturalization and insolvency proceeding,
and other cases not herein provided for, except by analogy or in a suppletory
character and whenever practicable and convenient.
Ex. Not applicable in Administrative bodies, CSC, Petition for naturalization, labor
cases
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of the original, and b) the loss of the original without bad faith on his part. (Sec.
5, Rule 130)
Distinction between Best Evidence and parol Evidence
Best Evidence Rule
Parol Evidence Rule
1.
Establishes a preference for the Presupposes the original is available
original document over secondary
evidence thereof.
2. Precludes the admission of secondary Precludes the admission of other
evidence if the original document is evidence to prove the terms of a
available.
document other than the contents of
the document itself for the purpose of
varying the terms of the writing.
3. Can be invoked by any litigant to an Can be invoked only by the parties to
action whether or not said litigant is a the document and their successors in
party to the document involved.
interest.
4. Applies to all forms of writing
Applies only to written contracts and
wills.
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evidence to prove its contents. The party who seeks to present secondary
evidence must lay a basis for its introduction.
Laying the basis:
1) That the original exists;
2) That the document is under the custody or control of the adverse party;
3) That the proponent of secondary evidence has given the adverse party
reasonable notice to produce the original document;
4) That the adverse party failed to produce the original document despite the
reasonable notice.
How to notify: motion for the production of the original or by subpoena duces
tecum, provided that the party in custody has sufficient time to produce it.
After the foundational requirement for the introduction of secondary evidence
have been complied with, secondarily evidence may now be presented as in
the case of loss. This mean that the contents of the document may now be
proven by
a copy of the document a recital of its contents in some authentic document
8.
2. That the declaration was made by said dying person under the
consciousness
Of impending death
3. That the declaration refers to the cause and circumstances
surrounding the death of the declarant and not of anyone else;
4. That the declaration is offered in a case where the declarants
death is the subject of inquiry;
5. The declarant is competent as a witness had he survived;
6. The declarant should have died.
Note: must refer to the death of the declarant, not merely injuries.
*If the declarant survives HIS DECLARATION MAY BE ADMISSIBLE AS PART OF THE
RES GESTAE.
*The former rule embodied in Supreme Court decisions, which declared that a
dying declaration is offered in a criminal case for homicide, murder, or parricide
wherein the declarant is the victim, no longer holds true. As amended
Parts of the Res Gestae
Literally means things done. Res Gestae is the startling event of which
the spontaneous statement is only a part of.
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Hearsay
vs.
Hearsay evidence is one that is not based on
ones personal knowledge of others to prove
the truth of the matter asserted in an out-orcourt
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b.
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Opinion
Opinion evidence is based
on
the
personal
knowledge or personal
conclusion of the witness
based on his skill, training,
or experience.
Independent relevant statement: The newspaper clipping is admissible as nonhearsay if offered for the purpose of showing that the statement of X was made
to a reporter regardless of the truth or falsityof the statement. If it is relevant, it is
admissible as an independent relevant statement (non hearsay) It would be
hearsay if offered to prove the truth that x was the robber.
Exception to the Hearsay Rule:
1. Dying Declarations
2. Declaration against interest
3. Act or declaration about pedigree
4. Family reputation or tradition regarding pedigree
5. Common reputation
6. Parts of the res Gestae
7. Entries in the course of business
8. Entries in official records
9. Commercial lists
10. Learned treatises
11. Testimony or deposition at a former trial
Dying Declarations
*must be impending, near, and certain.
Declaration about pedigree
*The declaration about pedigree may be received in evidence if the
relationship is shown by evidence other than the declaration. The word
pedigree includes relationship, family genealogy, birth, marriage, death, the
dates when and the places where these facts occurred, and the names of the
relatives. It also embraces facts of family history intimately connected with
pedigree.
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History books, published finding of scientists fall within this exception IF the
subject testifies to the expertise of the writer of if the court takes judicial notice of
such fact.
Testimony or Deposition at a Former Proceeding.
The testimony is one given in a former case or proceeding or administrative,
involving the same parties and the same subject matter. The testimony was
given by one who is now dead or unable to testify. Said testimony may be given
in evidence against the adverse party provided the latter had the opportunity
to cross-examine the witness who gave the previous testimony.
Waiver
The rules of evidence may be waived. The rules are established for the
protection of the parties. Except if the rule waived by the parties has been
established by law on grounds of public policy.
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Disqualification by
Marriage (sec. 22)
reason
of Disqualification by reason
Marital privilege (sec. 24 (a)
of