EVIDENCE

41. PERSONS THAT MAY NOT BE A WITNESS AS TO MATTERS LEARNED IN CONFIDENCE ANSWER: Section 24, Rule 130 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 committed by one against the other or the latters direct descendants or ascendants; 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 attorneys 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; 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; 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; 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. 42. REQUISITES FOR A PHOTOGRAPH TO BE ADMISSIBLE AS OBJECT EVIDENCE. ANSWER: Chapter 4 Object and Documentary Evidence; A. Object Evidence; Demonstrative Evidence; no. 3 Photographs Photographs of persons, thing and place when instructive to the understanding of the case, will be admitted in evidence. For a still photograph to be admitted, the same must be RELEVANT AND COMPETENT. It is competent when it is properly authenticated by a witness who is familiar with the scene or person portrayed, and who testifies that the photograph faithfully represents what it depicts. Some courts insist on requiring the photographer to testify but this view has been eroded by the tendency of modern courts to admit as witness one who has familiarity with the scene portrayed (Sison v people, 250 scra 58) Under the Electronic Rules of evidence, photographic evidence of events, acts or transactions shall be admissible in evidence provided that:

(a) It shall be presented, displayed and shown to the court; and (b) It shall be identified, explained or authenticated by either: a. The person who made the recording; or b. Some other person competent to testify on the accuracy thereof (Sec. 1, Rule 11, Electronic Rules of Evidence) The admissibility of photographs is within the discretion of the trial court, and its ruling in this respect will not be interfered with, except upon a clear showing of an abuse of discretion. In determining whether photographs should be admitted, a trial judge must determine whether they are relevant, and whether a proper foundation has been laid.

43. When is parol evidence admissible for the reformation of a written instrument on the ground of mistake? ANSWER: To justify the reformation of a written instrument upon the ground of mistake, the concurrence of three things is necessary: 1. 2. 3. mistake should be one of fact mistake should be mutual or common to both parties to the instrument mistake should be alleged and proved by clear and convincing evidence

44. What is a need not be proved principle? ANSWER: Judicial notice. Judicial notice is based on the maxim,what is known need not be proved