Professional Documents
Culture Documents
Is that which is addressed to the senses of the tribunal, as where the objects are presented for the
inspection
not limited to that which may be known by the sense of vision; extends to what is perceived by the
senses of hearing, taste, smell, or touch
addressed to the discretion of the trial judge, who must decide whether or not there is a “specific
reason of policy/ principle” which urges against admitting the exhibit
it has been held that the circumstances that any such articles haven been altered before they are
offered in evidence does not necessarily affect their admissibility:
o where there is no evidence that there has been any illegal tampering with them
o and such alterations do not obliterate or change the condition which is sought to be shown
merely the weight of the evidence
when the object produced as evidence is indecent/improper, it should be excluded
XPN: unless the same is necessary for ascertaining the truth
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Production of real evidence should not be permitted to exaggerate and should not be allowed,
through cunning presentation to stir up passion and or unduly excite sympathy/pity and so lead
the court to act upon sentiment, instead of proof
Ultimate test of TRUTH: “The best and highest proof of which any fact is susceptible is the
EVIDENCE OF HIS OWN SENSES”
Where it is necessary to show the condition/quality of a certain article/substance, THE THING
ITSELF IS THE MOST POWERFUL EVIDENCE THAT CAN BE PRODUCED
Supplementing the testimony of the witnesses
Direct evidence, when properly identified
PHOTOGRAPHS
if alone: CANNOT become part of the evidence to be considered by the court
must first be qualified for admission by the testimony of the witnesses
must first be accepted as material & relevant to the issues
probative value must outweigh he policy consideration and undue prejudice against its admission
Relevant if:
1. Assists witnesses in presenting & explaining testimony
2. Aid the court in understanding the issues in suit
May be qualified for admission by the testimony of any person who eye witnessed the scene pictured
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No need for authentication:
o Foundation is first laid that witness is familiar with the location
o Has seen the person before
× Layman is not competent to testify competence of the photo, size and distance of objects are
invisible to the naked eye
B. Enlargements
Magnification
Subject to the usual test of accuracy & relevancy
C. Color Pictures
Faithful representation than that of B&W
Test of probative value
D. Aerial Photo
Ground areas pertinent to an issue
XRAY
Proof of client’s injuries
Modality of medical treatment/diagnosis
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MOTION PICTURES Authentication:
1. circumstances surrounding the taking of the film
2. manner & circumstance surrounding the taking of the film
3. projection of the film
4. testimony of a person present at the time film was taken and saw when it occurred
VIDEO TAPE:
Motion picture synchronized with a sound
Requisites:
1. Recording device was capable of taking testimony
2. Operator of the device was competent
3. Establishment of the authenticity and correctness of the recording
4. Changes, additions & deletions have NOT been made
5. Manner of preservation of the recording
6. Identification of the speakers
7. Showing that the testimony elicited was voluntary made without inducement
Authenticated by testimony:
1. That witness personally recorded the convo
2. Tape played in court was the one he recorded
3. Voices on the tape are those of the persons such are claimed to belong
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VOICEPRINTS (Spectograms)
consists of magnetic recording device, a variable electronic filter, a paper-carrying drum which is
coupled to the recording device, and an electronic stylus that marks the paper as the drum rotates
determine if any significant similarities exist
based on the theory that NO two persons have exactly the same physical voice properties
EXPERIMENTS
furnish the court with such knowledge, indispensable to the determination of issues under
inquiry, which they could not so readily or accurately obtain from oral testimony alone
there is no precise test to determine when substantial similarity has been satisfied
depends largely upon the purpose for which evidence is to be produced
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GR: COURT will not permit the conduct of experiments or the introduction of evidence thereof
XPN: may be performed inside/outside of the court, when made under similar condition to that
prevailing at the time of the controversy
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DIRECT EXAMINATION (DE)
examination in chief of a witness by the party presenting him on the facts relevant to the issue
may cover all competent matters relevant to the case which the party producing the witness expects
or desires to elicit from him
GR: leading questions ARE NOT allowed in DIRECT EXAMINATION
GR: leading questions ARE NOT allowed in DIRECT EXAMINATION
REASONS: a. Ready opportunity would be afforded for the exercise of bias/prejudice
b. Favorable to the points party calling the witness wishes to prove
c. Evade parts which are against him
XPNS: a. Preliminary matters
b. Difficulty in getting direct and intelligible answers from witness
(ignorant, minor, feeble-minded, deaf-mute)
c. For identifying a particular person/ thing
d. Such questions are properly permitted where the mode of
interrogative is best calculated to elicit the truth, or prevent
failure of justice
e. Interrogation of a hostile/unwilling witness
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III. QUESTION IN THE ALTERNATIVE
1. NOT objectionable as leading where it is not so framed as to indicate which answer is desired
TEST: Answerable by simple yes/no
UNWILLING/HOSTILE WITNESS
Reason for allowing leading question: important to elicit truth from one’s own witness
-decided by the judge basing on the demeanor
-attempting to promote the interest of the adverse party
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WITNESS MAY REFER TO A MEMORANDUM
Refresh his memory respecting a fact by anything written/recorded by himself or under his
supervision
Record must be reproduced
A re-creative stimulus may be properly applied
Need not be the original writing
Witness may be cross-examined as to the same
Purposes:
A. Present Recollection revived: For the purpose of refreshing his mind, prov:
1. Memo was written by him or under his discretion
2. Written: a. Written when the fact occurred or immediately thereafter
b. Any other time when the fact was fresh in his memory and knew
that the same was correctly stated
B. Past Recollection revived: testify from such memo/writing that though he retains NO
recollection of the particular facts, he is able to swear that the writing correctly stated the
transaction when made.
Advantages Disadvantages
Prompt & unpremeditated answer Witness is unable to give accurate and complete
testimony
No time to think = no bad faith
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WHEN PART OF THE TRANSACTION, WRITING OR RECORD GIVEN IN EVIDENCE
the whole of the same subject may be inquired into by the other party
also detached act/transaction, etc.
the right to introduce the entire statement is limited to matters which tend to qualify/explain the
admission and does not extend to unconnected self-serving statements
cannot be used to secure admission of hearsay evidence
MISLEADING QUESTION
1. which assume as true a fact not yet testified to by the witness,
2. or contrary to the that which he has previously stated,
3. or certain answers to have been given to prior questions, when such answers have not been
given
CROSS-EXMINATION (CE)
examination of a witness by the party opposed to the party who called such witness, latter having
examined, or having been entitled to examine such witness in chief
an ABSOLUTE right of the party against whom he is called
and CONSTITUTIONAL right of the accused (Art III, Sec 14(2))
if by accident/design, CE is prevented: DE is INCOMPETENT
if opposing party did not avail of CE: DE will be received
FUNCTION of counsel
Leading questions are allowed during CE; but the court may restrict the use of LQ
Witness may be asked to repeat what he has testified in the DE so as to test the variety in his
answers
Evidence brought out during the CE = evidence of the party who called the witness
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object of CE:
1. to elicit something in favor of the CEing party
2. to weaken the force of what the witness has said in DE
3. to show that form his present demeanor/ past life, he is unworthy of belief = weaken his
testimony
CE will be a 1. CE-in-Chief is apparently concluded
privilege when: 2. Witness is dispensed with from the stand or RE-EXAMINATION, if
any, has begun.
Reason:
1. Party the witness is called stands sponsor for the truth of the testimony
which he elicits on the DE
2. Adverse party has no right to bind him by testimony brought out during
the CE
3. LQ is permissible in CE
4. There will be injustice to the party calling a witness to permit the
opposing party to introduce evid in support for his cause through CE
5. Promotes the orderly & methodical trial of the cause
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XPN: If opposing party wishes to examine a witness on matters not brought
during DE, he must do so by calling the witness in his own behalf.
CE of the Accused:
Subject to all proper & legit CE as to facts in issue, whether it tends to incriminate him/not
CE of a party as Witness:
Compelled to answer all w/c bear directly/indirectly upon the testimony which he has given in
chief or which test his credibility, knowledge, or recollection
Is not deprived of the his rights as the party, and his counsel must raise the question of privilege
while he is on the witness stand
CE of OWN witness
GR: A party CANNOT CE his OWN witness
XPN: When the same has proved to be recalcitrant, unwilling, reluctant,
evasive, uncandid, adverse, hostile
Section 9, Rule 119 of the Rules of Court provides for the following requirements to be a STATE
WITNESS:
There is absolute necessity for the testimony of the accused.
There is no other direct evidence available for the proper prosecution of the offense
committed, apart from the testimony of the accused.
The testimony of the accused can be substantially corroborated in its material points.
The accused does not appear to be the most guilty.
The accused hasn't been convicted of any offense involving moral turpitude.
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RE-DIRECT EXAMINATION (RDE)
Further examination by the party of his own witness, after CE
Re-examined by the party calling him to explain any apparent contradiction or inconsistency
in his statements or supplement his answers given during CE
Purpose:
o Complete the answer of the witness
o To add the matter which have been omitted
o Correct possible misinterpretation
o Complete an answer which was interrupted during the CE
May be asked his:
o Reasons for the acts
o Omission to the act/conduct on his part brought out during the CE
o Facts & circumstances tending to refute/weaken or remove inferences,
impressions
When a conversation has been drawn out by one party, the other party has the right to
examine the witness as to the details
Court, in its discretion, may permit that the RDE exceed the scope of CE regarding matters
not dealt during the CE
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RECALL OF WITNESS
after the examination of witness by both sides, WITNESS CANNOT BE RECALLED without
leave of court
refusal of the trial court to recall a witness is not reviewable by the CA, where there has been
no grave abuse of discretion
purpose:
o to correct/ change testimony previously given through mistake, oversight or
error, even before the close of the examination in chief
o to lay the foundation for impeachment of an adverse witness
o Counsel for prosecution: may call the accused to inquire into a fact which is
entirely within the CE, if material and is discovered after the witness has left the
stand.
IMPEACHMENT
A. Impeachment of Judicial Record
JUDICIAL RECORD – record, official entry or files of the proceedings in a court of justice OR of
the judicial act of a judicial officer, in an action, suit or proceeding
– a judgment or a copy may be used as evidence to prove its own existence
– may not be proved by parol or extrinsic evidence
Purpose:
1. To prove a fact collateral to the issued involved in the principal case
2. To show the course of conduct previously taken by a party to a principal case
3. To show the divesture or acquisition of certain legal rights through the rendition of the case
4. To show that an issue in the principal case was previously adjudicated
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May be impeached by:
1. Evidence of want of jurisdiction in the court of judicial officer
2. Collusion between parties
Agreement between 2 persons that one should institute a suit against the other,
in order to obtain the decision of a judicial tribunal for some sinister purpose
May be in 2 kinds:
i. When the fact puts forward as the foundation of the sentence of the
court do not exist
ii. When they exist, but have ben corruptly preconcert for the express
purpose of obtaining the sentence
Parties are neither may have the judgment collusively procured be vacated on
such ground: he is estopped by his misconduct
3. Fraud in the party offering the record
Fraud must be extrinsic/ collateral
Refers directly to the court
Facts constituting it have not been in controversy nor resolved in the case
wherein the judgment, whose nullity is sought, has been obtained.
Extrinsic Fraud – fraud in the means judgment has procured.
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GR: A party who produces & calls a witness to support/prove his cannot impeach/discredit a witness by
evidence of a general bad character NOR may he give any other kind of general evidence that his own
witness is unworthy of belief
Reason: a person who vouches for him to some extent as being not wholly unworthy of credit and that a
direct attack upon the veracity of the witness would enable to destroy the witness, if he spoke against
him and to make him a good witness, if he spoke for him; with the means in his hand of destroying his
credit if he spoke against him
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