1. The Vallejo Doctrine establishes guidelines for courts to assess the probative value of DNA evidence, including how samples were collected and handled, and the analyst's qualifications.
2. The Parol Evidence Rule states that a written agreement contains all terms agreed upon and no other evidence of terms can be considered between the parties, with some exceptions such as ambiguity or failure to express true intent.
3. A witness has rights including protection from improper questions, examination only on pertinent matters, and not being compelled to give self-incriminating testimony or answers that degrade their reputation.
1. The Vallejo Doctrine establishes guidelines for courts to assess the probative value of DNA evidence, including how samples were collected and handled, and the analyst's qualifications.
2. The Parol Evidence Rule states that a written agreement contains all terms agreed upon and no other evidence of terms can be considered between the parties, with some exceptions such as ambiguity or failure to express true intent.
3. A witness has rights including protection from improper questions, examination only on pertinent matters, and not being compelled to give self-incriminating testimony or answers that degrade their reputation.
1. The Vallejo Doctrine establishes guidelines for courts to assess the probative value of DNA evidence, including how samples were collected and handled, and the analyst's qualifications.
2. The Parol Evidence Rule states that a written agreement contains all terms agreed upon and no other evidence of terms can be considered between the parties, with some exceptions such as ambiguity or failure to express true intent.
3. A witness has rights including protection from improper questions, examination only on pertinent matters, and not being compelled to give self-incriminating testimony or answers that degrade their reputation.
Laying the Foundation or Laying Vallejo adopted the following
the Predicate guidelines to be used by courts in
assessing the probative value of DNA It is a preliminary requirement evidence: for the impeachment process prospers. 1. How the samples were collected; 2 Elements: 2. How they were handled; 1. The alleged statement must be 3. The possibility of contamination related to the witness including of the samples; the circumstances of the times 4. The procedure followed in and places and the people analyzing the samples; 5. Whether the proper standards present. If the statements are in and procedure were followed in writing they must be shown to conducting the tests; and him; and 6. The qualification of the analyst 2. He must be asked whether he who conducted the test. made such statements and also to explain them if he admits What does the Parol Evidence making those statements. Rule state? How do you impeach the witness? It states that when the terms of an agreement have been reduced to 1. By contradictory evidence; 2. By evidence that his general writing, it is considered as containing reputation for truth, honesty all the terms agreed upon and there and integrity is bad; and can be, between the parties and their 3. By evidence that he has made successors-in-interest, no evidence of at other times statements such terms other than the contents of inconsistent with his present the written agreement testimony. Exceptions to the Parol Evidence Note: A witness cannot be impeached Rule: by specific wrongful acts. Except: A 1. An intrinsic ambiguity, mistake previous final conviction. or imperfection in the written May a party impeach his own agreement; witness? 2. Failure of the written agreement to express the true intent of the GR: No. By calling a witness, the party parties thereto; certifies his credibility. 3. Validity of the written agreement; or XPN: The witness is an: 4. Existence of other terms agreed 1. unwilling or adverse witness so to by the parties or their declared by the court; successors in interest after the execution of the written 2. adverse party; or agreement (Sec. 9, Rule 130). 3. officer of the adverse party who is a juridical person What is the Vallejo Doctrine? Note: Parol evidence may only be the question calls for a different mode allowed, if any of the foregoing of answer (Sec. 1, Rule 132). matters is put in issue in the What are the rights of a witness? pleadings. 1. To be protected from irrelevant, What is authentication? improper, or insulting questions, and It is proving the due execution and from harsh or insulting demeanor; genuineness of the document. 2. Not to be detained longer than the When is authentication of interests of justice require; documents not required? 3. Not to be examined except only as 1. The writing is an ancient document to matters pertinent to the issue; (Sec. 21, Rule 132); 4. Not to give an answer which will 2. The writing is a public document or tend to subject him to a penalty for an record (Sec. 19, Rule 132); offense unless otherwise provided by law (right against self-incrimination) 3. The writing is a notarial document acknowledged, proved or certified 5. Not to give an answer, which will (Sec. 30, Rule 132); tend to degrade his reputation. 4. The authenticity and due execution When can evidence of good moral of the document has been expressly character of the accused be admitted or impliedly admitted by presented? failure to deny the same under oath; The accused may prove his good 5. When such genuineness and due moral character when pertinent to the execution are immaterial to the issue. moral trait involved in the offense charged (Sec.51 [a][1], Rule 130). Oath: Note: In contrast, in a criminal case, Signifies the swearing to the Creator the prosecution cannot prove the bad to tell the truth and nothing but the moral character of the accused in its truth. evidence-in-chief. It can only do so in Affirmation: rebuttal.
An affirmation is a substitute for an
oath and is a solemn and formal Use and Fruit Transactional declaration that the witness will tell Immunity Immunity the truth. Prohibits the use Grants immunity of the witness' to the witness How is the examination of compelled from prosecution testimony and its for an offense to witnesses done? fruits in any which his manner in compelled The examination of witnesses connection with testimony relates. presented in a trial or hearing shall be the criminal It is an immunity done in open court and under oath or prosecution of the from prosecution witness. It is by reason or on affirmation. The answers of the immunity from the basis of the witness shall be given orally unless the using the testimony witness is incapacitated to speak, or testimony of the (Galman v. witness. Pamaran, 138 injure those who are not parties to it. SCRA) It has two branches: 1. The rights of a party cannot be prejudiced by an act, declaration, or omission of another (Sec. 28). 2. Evidence that one did or did not What is the scope of a cross- do a certain thing at one time is examination? not admissible to prove that he did or did not do the same or 1. American rule Cross-examination similar thing at another time is restricted to facts and (Sec. 34, Rule130). circumstances which are connected with the matters that have been What are the exceptions to the stated in the direct examination of the res inter alios acta rule (first witness. branch)?
2. English rule Where a witness is 1. Admission by a co-partner or
called to testify to a particular fact, he agent (Sec. 29, Rule 130); becomes a witness for all purposes 2. Admission by a co-conspirator and may be fully cross-examined upon (Sec. 30, Rule 130); and all matters material to the issue, the 3. Admission by privies (Sec. 31, examination not being confined to the Rule 130). matters inquired about in the direct What is meant by the principle of examination. adoptive admission? Note: The English rule is observed in It states that a party may, by his our jurisdiction, except with respect to words or conduct, voluntarily adopt or cross-examination of the accused, or a ratify anothers statement. Where it hostile witness. appears that a party clearly and What is admission? unambiguously assented to or adopted the statements of another, evidence of It is an act, declaration or omission of those statements is admissible against a party as to a relevant fact which him. may be given in evidence against him (Sec. 26, Rule 130). What is the Doctrine of Incomplete Testimony? What is a confession? GR: When cross-examination cannot It is a declaration of the accused be done or completed due to causes acknowledging his guilt of the offense attributable to the party who offered charged or of those necessarily the witness, the incomplete testimony included therein. is rendered incompetent and should What is the principle of res inter be stricken from the record. alios acta alteri nocere non debet? XPN: Where the prosecution witness This principle literally means things was extensively cross-examined on done between strangers ought not to the material points and thereafter failed to appear and cannot be produced despite a warrant of his arrest. What is a leading question? What is the doctrine of It is one which suggests to the witness interlocking confessions? the answer which the examining party It states that extrajudicial confessions desires. It is not allowed except: independently made without collusion 1. On cross-examination; which are identical with each other in 2. On preliminary matters; their essential details and 3. When there is difficulty in corroborated by other evidence getting direct and intelligible against the persons implicated, are answers from a witness who is admissible to show the probability of ignorant, or a child of tender the latters actual participation in the years, or is of feeble mind or a commission of the crime. deaf-mute; What is the theory of indivisibility 4. To unwilling witness or hostile (rule on completeness)? witness;
When part of an act, declaration, Note: A witness may be considered as
conversation, writing or record is given unwilling or hostile only if so declared in evidence by one party, the whole of by the court upon adequate showing the same subject may be inquired into of his adverse interest, unjustified by the other; reluctance to testify or his having misled the party into calling him to the Is the party who offered the witness stand. (Sec. 12, Rule 132) testimony of a witness bound by such testimony? 5. Witness is an adverse party or an officer, director, or managing Yes, he is bound by the testimony. agent of a public or private XPN: When the witness is the: corporation or of a partnership or association which is an 1. adverse party; adverse party (Sec. 10, Rule 2. hostile witness; 132); or 3. unwilling witness; or 6. In all stages of examination of a 4. a witness required by law to be child if the same will further the presented (forced witness) interests of justice (Sec. 20, AM 004-07-SC).