2. The Philippine constitution particularly, its provisions on the Bill of Rights and the Article on the Supreme Court 3. Special Laws passed by Congress which either create, amend or supplement existing rules of evidence. The most recent include (i) The Electronic Evidence Act and the (ii) The Child Witness Law 4. Decisions of the Supreme Court 5. Circulars issued by the Supreme Court
1. Generally parties cannot, either by agreement or by contract, stipulate what rules shall be binding upon the Court. But the parties may however stipulate on the effects of certain types of evidence on their contractual rights as long as the jurisdiction of the court is not affected 2. As to waiver: a). Rules intended for the protection of the parties maybe waived Examples: Rules on the Disqualification of Witnesses, the Privileged Communication Rule, The Best Evidence Rule b). Rules grounded on public policy can not be waived. Examples: The Rule on the Identity of State Secrets; the rule on the inadmissibility of Coerced Confessions and evidence resulting from illegal searches and seizures; the 2 witness rule on treason
E. Interpretation: The rules are to be liberally construed and hair-splitting technicalities are to be avoided
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