EVIDENCE LECTURE OF DEAN CEBALLOS
Original Evidence
Ok class! Lets tackle this wonderful thing called original evidence. But we have to tackle several topics along, before and beyond it…
Admissible Evidence – Evidence permitted to be introduced at trial. Only relevant evidence is admissible, which means the evidence must tend to make more or less probable the existence of some fact material to the case, or some fact otherwise of consequence to making a determination in the case. Evidence which tends to establish facts from which one could then infer that some material fact is more or less probable is also admissible as relevant evidence. Excluded Evidence – Evidence which may be otherwise relevant and admissible but which is not admitted and may not be considered in the deAcision-making process for some reason other than irrelevance. Good Faith – A reasonable, honest belief lacking malice or ill-intent and without intention to defraud. The concept of good faith appears in many areas of law, although it is intangible and determined based on the totality of the circumstances rather than some hard and fast rule.
Examples of these are murder weapons, drugs confiscated from the bust, undies, pubes and rubber in a rape case. Strands fiber, etc.
What is documentary evidence?
Section 2 of the same Rules defines this as evidence consist of writing or any material containing letters, words, numbers, figures, symbols or other modes of written expression offered as proof of their contents.
What is original evidence?
Traditionally, original evidence refer only to documents, though taken loosely now in Congress.
They are defined under section 4 of the same rule as any one of the following:
(a) The original of the document is one the contents of which are the subject of inquiry (or the one in issue).
(b) When a document is in two or more copies executed at or about the same time, with identical contents, all such copies are equally regarded as originals. (These are called “duplicate originals.”)
(c) When an entry is repeated in the regular course of business, one being copied from another at or near the time of the transaction, all the entries are likewise equally regarded as originals. (“Business records” such as receipts…)
Why is the original important? Can’t we just present copies, anyway they are the same? ATTY JOANA ONE OF MY (DEAN SPEAKING) FAVORITE LANDBANK LADIES As they say, the original is still the best. According to the “best evidence rule” (Section 3 of the same Rules):
Section 3. Original document must be produced; exceptions. — When the subject of inquiry is the contents of a document, no evidence shall be admissible other than the original document itself, except in the following cases:
(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;
(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.
This rule simply says, if the original evidence is available, you have to present it. Otherwise, the contents of a document can still be contested by the one producing the original document.
When, then, can you use copies (or technically, when can you resort to secondary evidence)?
You can use secondary evidence when:
1. When original document is unavailable. 2.When original document is in adverse party’s custody or control 3. Voluminous business records 4. When original document is a public record, in which case, you can present a certified true copy
What about electronic evidence?
Electronic evidence basically fall into these categories: 1. Electronic Documents 2. Digital Audio, Photographic, Video and 3. Ephemeral Electronic Communications
What are ephemeral eletronic communications?
These are communications of a fleeting, temporary nature (unrecorded) such as cel phone conversations (Hello, Garci?) and text messages (eow grci?)
What is the basic principles in electronic evidence?
First, electronic documents and evidence can already be admissible because of the E-commerce Act. (Republic Act No. 8792). You can get this from Atty. JJ Disini’s site here.
Basically, the new rules of electronic evidence (but I would defer to my former boss, Atty. JJ Disini, the specialist on this topic) simply ensures the authenticity and integrity of what such evidence proves before it can be admitted as evidence.
The more interesting and relevant item for our blog lecture is Rule 11. It says:
RULE 11 AUDIO, PHOTOGRAPHIC, VIDEO, AND EPHEMERAL EVIDENCE
Section 1. Audio, video and similar evidence.– Audio, photographic and video evidence of events, acts or transaction shall be admissible provided it shall be shown, presented or displayed to the court and shall be identified, explained or authenticated by the person who made the recording or by some other person competent to testify on the accuracy thereof .
Section 2. Ephemeral electronic communications. – Ephemeral electronic communications shall be proven by the testimony of a person who was a party to the same or has personal knowledge thereof. In the absence or unavailability of such witnesses, other competent evidence may be admitted.
A recording of the telephone conversation or ephemeral electronic communication shall be covered by the immediately preceding section. If the foregoing communications are recorded or embodied in an electronic document, then the provisions of Rule 5 shall apply. (Emphasis supplied.)
CLASSMATE’s RECITATION: Copies of notarized docs sir goes to the Clerk of Court.
DEAN’s INPUT:
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1. Merun pa, submit sa UP LAW Center
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2. In case of admin orders, National Archives dib a Ms. Fantillaga?
Constitution extends to information or objects in digital or electronic form that are stored, transmitted or even deleted from electronic devices. The Rule on electronic Evidence covers only electronic evidence adduced in civil, quasi-judicial and administrative proceedings.
Kaya magiingat sa page-email.
ATTY ELMA VIDA LITAP: Sir we can authenticate the electronic evidence, among others, by producing the equiptment used.
DEAN’s INPUT: Rule 126 of the Rules of Court in the context of digital or electronic objects that are subject of, or used or intended to be used as a means committing an offense or the fruits of the offense. Kaya maraming pumapalag sa paggamit nang Cyberlaw imagine an agency can just disconnect your connection to the server.
| SC Enumerates Documents Considered as ‘Competent Evidence of Identity’ under Notarial Rules | |||||||||||||||||||||||||
| By Madeleine U.V.G. Avanzado | |||||||||||||||||||||||||
| Extensive intensive |
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| The Supreme Court recently amended sec. 12(a), Rule II of the 2004 Rules on Notarial Practice to include an itemization of the types of current identification documents which may be presented as “competent evidence of identity” by signatories to documents or instruments to be notarized. | |||||||||||||||||||||||||
| As per resolution of the Court En Banc in A.M. No. 02-8-13-SC, dated February 19, 2008, these identification documents include, but are not limited to, passports, driver’s licenses, Professional Regulations Commission identification cards, National Bureau of Investigation (NBI) clearances, police clearances, postal IDs, voter’s IDs, Barangay certifications, Government Service and Insurance System (GSIS) e-cards, Social Security System (SSS) cards, Philhealth cards, senior citizen’s cards, Overseas Workers Welfare Administration (OWWA) IDs, OFW IDs, seaman’s books, alien certificate of registrations/immigrant certificate of registrations, government office IDs, certifications from the National Council for the Welfare of Disabled Persons (NCWDP), and Department of Social Welfare and Development (DSWD) certifications. | |||||||||||||||||||||||||
| Under the Rules, Notaries Public are prohibited from notarizing documents or instruments of signatories who are not personally known to them or who otherwise fail to present competent evidence of their respective identities. (A.M. No. 02-8-13-SC, Re: 2004 Rules on Notarial Practice, dated February 19, 2008 |
s admissible as tending to prove the truth of any relevant matter so stated if that compila
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Rebellion is a CONTINUING crime. If one has been a rebel since 1988 |
he is continuously committing the crime of rebellion from 1988 up to the present. Thus | police officers or military men who have probable cause to believe that the person to be arrested is a rebel | can make a warrantless arrest even if the rebel is not doing an act in furtherance of rebellion. Even if the rebel is just sleeping | watching tv or taking a bath at the time of the arrest | the warrantless arrest is lawful since the suspect is deemed caught in the act of committing the crime of rebellion. Warrantless Arrest |
| Hot Pursuit Arrest takes effect when a crime has just in fact been committed and the arresting officer or private individual has probable cause to believe based on personal facts or circumstances that the person to be arrested has committed it. Elements of Hot Pursuit Arrest: Time Element – that an offense has just been committed | which connotes an immediacy in point of time. Personal Knowledge – that the arresting officer or individual must have probable cause based on personal knowledge of fact or circumstances that the person to be arrested has committed the crime. | ||||
| 14. Warrantless Arrest Lecture of Mr. John Torres – Philippine Government and Constitution Social Science-I Arrest of Fugitive – When a person to be arrested is a prisoner who escaped from a penal establishment or place where he is serving final judgment or temporarily confined while his case is pending or has escaped while being transferred from one confinement to another. | |||||
| 15. Lecture of Mr. John Torres – Philippine Government and Constitution Social Science-I Note : Evidences obtained in violation of the right against unreasonable search are not admissible in evidence for being a “fruit of a poisonous tree” . The "fruit of the poisonous tree" doctrine is an offspring of the Exclusionary Rule . The exclusionary rule mandates that evidence obtained from an illegal arrest | unreasonable search | or coercive interrogation must be excluded from trial. Under the fruit of the poisonous tree doctrine | evidence is also excluded from trial if it was gained through evidence uncovered in an illegal arrest | unreasonable search | or coercive interrogation. |
| 16. Lecture of Mr. John Torres – Philippine Government and Constitution Social Science-I Note : The name fruit of the poisonous tree is thus a metaphor: the poisonous tree is evidence seized in an illegal arrest | search | or interrogation by law enforcement. The fruit of this poisonous tree is evidence later discovered because of knowledge gained from the first illegal search | arrest | or interrogation. The poisonous tree and the fruit are both excluded from a criminal trial. Fruit of the Poisonous Tree doctrine can only be invoked by individuals against an officer nor agent of the state. | |
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17. Lecture of Mr. John Torres – Philippine Government and Constitution Social Science-I Purpose of the Fruit of the Poisonous Tree Doctrine: To deter law enforcement from violating peoples’ rights against unreasonable searches and seizures conducted by government officers nor agents of the state. |
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| 18. Lecture of Mr. John Torres – Philippine Government and Constitution Social Science-I Other Related Legal Terms: Admissible Evidence – Evidence permitted to be introduced at trial. Only relevant evidence is admissible | which means the evidence must tend to make more or less probable the existence of some fact material to the case | or some fact otherwise of consequence to making a determination in the case. Evidence which tends to establish facts from which one could then infer that some material fact is more or less probable is also admissible as relevant evidence. Excluded Evidence – Evidence which may be otherwise relevant and admissible but which is not admitted and may not be considered in the decision-making process for some reason other than irrelevance. Good Faith – A reasonable | honest belief lacking malice or ill-intent and without intention to defraud. The concept of good faith appears in many areas of law | although it is intangible and determined based on the totality of the circumstances rather than some hard and fast rule. |
| Ang lahat ng mga tao, maliban sa mga nahahabla sa mga paglabag na pinarurusahan ng reclusion perpetua kapag matibay ang ebidensya ng pagkakasala, bago mahatulan, ay dapat mapiyansahan ng sapat ng pyador
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forgodanddeanceballos 