1.
2.
Factum Probans
Material evidencing the proposition
Existent.
a.
b.
3.
4.
a.
b.
c.
1.
1.
2.
3.
4.
c) The offeror must show that the unavailability was not due to his bad faith
Correct order of proof is as follows Existence, execution, loss, and contents.
Due execution and authenticity of the document must be proved either: a) by anyone who saw the
document executed or written, or by evidence of the genuiness of the signature or handwriting of the
maker.
When original is in the custody or control of the adverse party:
Laying the basis requires:
a. The original exists.
b. That the said document is under the custody or control of the adverse party;
c. That the proponent of secondary evidence has given the adverse party reasonable notice to produce the
original document
d. That the adverse party failed to produce the original document despite the reasonable notice.
*Waiver: Failure to object to the parole evidence presented by the adverse party operates as a waiver of
the protection of the rule.
* The loan may be proved by the photocopy as long as A lays the basis for the introduction of secondary
evidence, to wit: a) the existence and due execution 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 original document Presupposes the original is available
over secondary evidence thereof.
2. Precludes the admission of secondary evidence if
Precludes the admission of other evidence to prove
the original document is available.
the terms of a 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 action
Can be invoked only by the parties to the document
whether or not said litigant is a party to the
and their successors in interest.
document involved.
4.
Applies to all forms of writing
Applies only to written contracts and wills.
5.
6.
Testimonial Evidence Adverse party Read Sec. 6. Loss, Destroyed, Unavailable Originals (Sec 5)
*Showing that the original document is in the custody or under the control of the adverse party does not
ipso facto authorize the introduction of secondary evidence to prove its contents. The party who seeks to
present secondary evidence must lay a basis for its introduction.
Laying the basis:
1)
2)
3)
8.
9.
Exceptions to the hearsay rule, are all hearsay, but are admissible Sec. 36 of Rule 130 ex.
Which of the following is hearsay?
Hearsay
vs.
Opinion
Hearsay evidence is one that is not based on ones
An opinion evidence is based on the personal
personal knowledge of others to prove the truth of
knowledge or personal conclusion of the witness
the matter asserted in an out-or-court
based on his skill, training, or experience.
d.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
Words offered to prove hearers reaction are admissible when they are offered to show their effect on
one whose conduct is at issue.
Independent relevant statement: The newspaper clipping is admissible as non-hearsay 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:
Dying Declarations
Declaration against interest
Act or declaration about pedigree
Family reputation or tradition regarding pedigree
Common reputation
Parts of the res Gestae
Entries in the course of business
Entries in official records
Commercial lists
Learned treatises
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.
a)
b)
c)
d)
e)
f)
Common reputation
While common reputation in the community may establish a matter of public or general interest, marriage
or moral character, it CANNOT establish pedigree. This is established by reputation in the family and not
in the community.
Commercial Lists and the Like
Must be made by persons engaged in that occupation and are generally used and relied upon by them
and those lists and reports are published.
Learned Treaties.
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.
1)
2)
3)
4)
5)
1)
2)
3)
1)
2)
3)
4)
1. It was made through palpable mistake or 2. That no such admission was made.
Remedy of a party who gave a judicial admission:
In case of written judicial admission motion to withdraw the pleadings, motion, or other written
instrument containing such admission.
Judicial admissions are always conclusive upon the admitter and do not require formal offer as evidence,
unlike in the case of extra-judicial admissions.
Rule on dismissed pleadings
Admissions made in pleadings that have been dismissed are merely extrajudicial admission.
Admissions in civil cases
Admissions in a pleading which had been
withdrawn or superseded by and amended
pleading are considered extra judicial admission
Parol evidence would not be objected if the ambiguity was put in issue in the pleadings
Laying the basis for the offer of a photocopy of a contract. Originals
Expert testimony of a promissory note
Credibility defined refers to worthiness of belief.
Chain of custody
When may an ordinary witness testify as to his opinion?
When may parol evidence be allowed?
How do you lay the basis for introduction of secondary evidence when a) original is lost b) ht original is in
the custdy of the adverse party.
How to impeach testimony of a witness, definition