RULE 130

(ADMISSIBILITY OF
EVIDENCE)
SOURCES OF EVIDENCE

Those derived from the testimony of people whether oral

or written.
Those obtained from circumstances.
Those obtained from the use of the senses.
 are those addressed to the senses
OBJECTS AS of the court. When an object is
relevant to the fact in issue, it
EVIDENCE may be exhibited to examined
or viewed by the court.
1. Those exhibited by the Court or observed by it during the trial

2. Those which consists of the results of inspections of things or places

conducted by the court (ocular inspections) outside the court.

3. Those which consists of the results of experiments, tests or

demonstrations which may be scientific test,/experiments, or practical
tests demonstrations provided the conduct of experiments/tests is
subject to the discretion of the court.
 REQUIREMENTS
FOR ADMISSIBILITY

A. Inherent Requirements: B. Procedural Requirement:

Proof of Relevancy and Proof of Authentication
Competency
 LIMITATIONS TO THE ADMISSION
OF OBJECTS AS EVIDENCE
IN ADDITION TO THE INHERENT LIMITATIONS OF RELEVANCY AND
COMPETENCY.

 The admission must not cause undue prejudice to the court, such as
these Intended.

The admission is subject to the demands of decency and propriety

unless the admission is extremely necessary.

Exclusion of objects which are offensive to man's sensibilities or

repulsive objects
 LIMITATIONS TO THE ADMISSION
OF OBJECTS AS EVIDENCE
IN ADDITION TO THE INHERENT LIMITATIONS OF RELEVANCY AND
COMPETENCY.

The procurement, presentation, or inspection must not cause

inconvenience or unnecessary expenses out of proportion to the
evidentiary value of the object evidence.

The admission must not violate the right against self-incrimination

In cases of ocular inspections: (1) the condition of the thing or place
must not have been altered (ii) there be prior notice of the date, time
and place given to the parties because the inspection is still part of
the trial.
 NECESSITY OF PRESENTATION
OF OBJECTS IN COURT

A. The best proof of an object exists s to present it to the court.

B. The presentation is not necessary:

 Where the existence of the object is not the very fact in issue, but is merely
a collateral fact, or are merely used as reference.

 Where the article has not been recovered or is outside the jurisdiction of
the court.
 Documents of evidence consist of
writing or any material containing
DOCUMENT letters, words, numbers, figures, or
other modes of written expressions
EVIDENCE offered as proof of their contents.
 KINDS OF DOCUMENTARY
EVIDENCE

Writings or Paper Based Documents

Or any other material" refers to any other solid surface but not paper
such as blackboards, walls, shirts, tables, floor.

C. Electronic Evidence pursuant to the Rules of Electronic Evidence

affective August 01, 2001. Which provides:
 RULES GOVERNING THE ADMISSIBILITY OF
DOCUMENTS INCLUDE THE BEST EVIDENCE
RULE AND THE PAROLE EVIDENCE RULE.
 When the original is to be preserved:
 Original document must be
produced; exceptions — When
the subject of inquiry is the
BEST contents of a document, no
EVIDENCE evidence shall be admissible
other than the original
RULE document itself, except in the
following cases:
 BEST EVIDENCE RULE
(a) When the original has been lost or destroyed, or cannot be
produced in court, without bad faith on the part of the offeror;

(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;
 BEST EVIDENCE RULE
(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; and

(d) When the original is a public record in the custody of a

public officer or is recorded in a public office. (2a)
 (a) The original of the document is one
the contents of which are the subject of
inquiry.
ORIGINAL
OF (b) When a document is in two or more
DOCUMENT. copies executed at or about the same
time, with identical contents, all such
copies are equally regarded as originals.
 (c) When an entry is repeated in the
ORIGINAL regular course of business, one being
copied from another at or near the time
OF of the transaction, all the entries are
DOCUMENT. likewise equally regarded as originals.
 When original document is
unavailable.
SECONDAR
Y  When original document is in adverse
EVIDENCE party's custody or control.
 Evidence admissible when original
document is a public record.
SECONDAR
Y  Party who calls for document not
EVIDENCE bound to offer it.
 PAROL EVIDENCE RULE
 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, between the parties and their successors in interest, no
evidence of such terms other than the contents of the written
agreement.
 PAROL EVIDENCE RULE
 However, a party may present evidence to modify, explain or
add to the terms of written agreement if he puts in issue in his
pleading:

(a) An intrinsic ambiguity, mistake or imperfection in the written

agreement;

(b) The failure of the written agreement to express the true intent
and agreement of the parties thereto;
 PAROL EVIDENCE RULE
 However, a party may present evidence to modify, explain or
add to the terms of written agreement if he puts in issue in his
pleading:
(c) The validity of the written agreement; or

(d) The existence of other terms agreed to by the parties or their

successors in interest after the execution of the written agreement.

The term "agreement" includes wills.

 INTERPRETATION
OF DOCUMENTS

Interpretation of a writing according to its legal meaning.

Instrument construed so as to give effect to all provisions.

Interpretation according to intention; general and particular

provisions.
 INTERPRETATION
OF DOCUMENTS

Interpretation according to circumstances.

Peculiar signification of terms.

Written words control printed.

Experts and interpreters to be used in explaining certain writings.

 INTERPRETATION
OF DOCUMENTS

Of Two constructions, which preferred.

Construction in favor of natural right.

Interpretation according to usage.

 TESTIMONIAL
EVIDENCE

Witnesses; their qualifications.

- Perceive;
- Perceiving; &
- Can make their known perception to others.

Religious or political belief, interest in the outcome of the case, or

conviction of a crime unless otherwise provided by law, shall not be
ground for disqualification.
 TESTIMONIAL
EVIDENCE

Disqualification by reason of mental incapacity or

immaturity.

(a) Those whose mental condition, at the time of their production for
examination, is such that they are incapable of intelligently making
known their perception to others;

(b) Children whose mental maturity is such as to render them incapable

of perceiving the facts respecting which they are examined and of
relating them truthfully.
 TESTIMONIAL
EVIDENCE

Disqualification by reason of marriage.

During their marriage, neither the husband nor the wife may
testify for or against the other without the consent of the affected spouse,
except in a civil case by one against the other, or in a criminal case for a
crime committed by one against the other or the latter's direct
descendants or ascendants.
 TESTIMONIAL
EVIDENCE

Disqualification by reason of death or insanity of adverse

party.
Parties or assignor of parties to a case, or persons in whose behalf
a case is prosecuted, against an executor or administrator or other
representative of a deceased person, or against a person of unsound
mind, upon a claim or demand against the estate of such deceased person
or against such person of unsound mind, cannot testify as to any matter
of fact occurring before the death of such deceased person or before such
person became of unsound mind.
 TESTIMONIAL
EVIDENCE

Disqualification by reason of privileged communication

(a) The husband or the wife, during or after the marriage, cannot be
examined without the consent of the other as to any communication
received in confidence by one from the other during the marriage except
in a civil case by one against the other, or in a criminal case for a crime
committed by one against the other or the latter's direct descendants or
ascendants;
 TESTIMONIAL
EVIDENCE

Disqualification by reason of privileged communication

(b) An attorney cannot, without the consent of his client, be examined as
to any communication made by the client to him, or his advice given
thereon in the course of, or with a view to, professional employment, nor
can an attorney's secretary, stenographer, or clerk be examined, without
the consent of the client and his employer, concerning any fact the
knowledge of which has been acquired in such capacity;
 TESTIMONIAL
EVIDENCE

Disqualification by reason of privileged communication

(c) A person authorized to practice medicine, surgery or obstetrics cannot
in a civil case, without the consent of the patient, be examined as to any
advice or treatment given by him or any information which he may have
acquired in attending such patient in a professional capacity, which
information was necessary to enable him to act in capacity, and which
would blacken the reputation of the patient;
 TESTIMONIAL
EVIDENCE

Disqualification by reason of privileged communication

(d) A minister or priest cannot, without the consent of the person making
the confession, be examined as to any confession made to or any advice
given by him in his professional character in the course of discipline
enjoined by the church to which the minister or priest belongs;
 TESTIMONIAL
EVIDENCE

Disqualification by reason of privileged communication

(e) A public officer cannot be examined during his term of office or
afterwards, as to communications made to him in official confidence,
when the court finds that the public interest would suffer by the
disclosure.
 TESTIMONIAL
PRIVILEGE

 Parental and filial privilege.

No person may be compelled to testify against his parents, other direct
ascendants, children or other direct descendants.