If both be over fifteen and under sixty, and the sex be different, the male is deemed to have survived, if the sex be the same, the older; 5. 7010, Community Quarantine Classifications Starting 16 June 2020: IAT Resolution No. Testimony or deposition at a former proceeding. (ee) That a thing once proved to exist continues as long as is usual with things of the nature; (gg) That a printed or published book, purporting to be printed or published by public authority, was so printed or published; (hh) That a printed or published book, purporting contain reports of cases adjudged in tribunals of the country where the book is published, contains correct reports of such cases; (ii) That a trustee or other person whose duty it was to convey real property to a particular person has actually conveyed it to him when such presumption is necessary to perfect the title of such person or his successor in interest; (jj) That except for purposes of succession, when two persons perish in the same calamity, such as wreck, battle, or conflagration, and it is not shown who died first, and there are no particular circumstances from which it can be inferred, the survivorship is determined from the probabilities resulting from the strength and the age of the sexes, according to the following rules: 1. The word "pedigree" includes relationship, family genealogy, birth, marriage, death, the dates when and the places where these fast occurred, and the names of the relatives. The absentee shall not be considered dead for the purpose of opening his succession till after an absence of ten years. The purpose for which the evidence is offered must be specified. (11), Section 14. When evidence of authenticity of private document not necessary. INTRODUCTION: Meaning of terms: 1. — In cases filed before administrative or quasi-judicial bodies, a fact may be deemed established if it is supported by substantial evidence, or that amount of relevant evidence which a reasonable mind might accept as adequate to justify a conclusion. Object as evidence. before the court. (n), Section 6. Admission by silence. — A written statement signed by an officer having the custody of an official record or by his deputy that after diligent search no record or entry of a specified tenor is found to exist in the records of his office, accompanied by a certificate as above provided, is admissible as evidence that the records of his office contain no such record or entry. The focus of our topic today is a document offered as evidence. If he fails to do that, the document shall not be admissible in evidence. Proof of official record. Your email address will not be published. (5a), Section 4. Evidence on motion. Section 5. Your lawyer will need a copy of your Marriage Certificate, Birth Certificate of your children (if any), names of your witnesses, and other documentary evidence to support your case. Evidence admissible when original document is a public record. Example: The accused claimed that information about his bank accounts i.e. Section 20. (14), Section 17. Hostile Witness, one whose testimony is not favorable to the cause of the party who call… — If the court is satisfied that the perpetuation of the testimony may prevent a failure or delay of justice, it shall make an order designating or describing the persons whose deposition may be taken and specifying the subject matter of the examination, and whether the depositions shall be taken upon oral examination or written interrogatories. (40a), Section 47. (26a), Section 26. — The record of public documents referred to in paragraph (a) of Section 19, when admissible for any purpose, may be evidenced by an official publication thereof or by a copy attested by the officer having the legal custody of the record, or by his deputy, and accompanied, if the record is not kept in the Philippines, with a certificate that such officer has the custody. (9), Section 12. Proceedings to be recorded. This a sample "Comment" to the "Offer of Evidence" in a criminal case prepared by our law office. Reference to court. Recalling witness. — Documents written in an unofficial language shall not be admitted as evidence, unless accompanied with a translation into English or Filipino. Bring the original during the pre-trial or preliminary conference. Unless the witness is incapacitated to speak, or the questions calls for a different mode of answer, the answers of the witness shall be given orally. Effects of Non-Compliance with the Judicial Affidavit Rule, Your email address will not be published. Object as evidence. Confession. [25] ... REPUBLIC OF THE PHILIPPINES xxx Judicial Region REGIONAL TRIAL COURT xxx, Rizal Branch No. Section 21. — Evidence must have such a relation to the fact in issue as to induce belief in its existence or non-existence. Accused Constantino Huit Cordial, Jr.'s "COMMENT (To Two bodies in caskets and buried six feet under in the presence of family seal any question about the persons killed and their identities. Tender of excluded evidence. (8a), Section 7. 1. — The ruling of the court must be given immediately after the objection is made, unless the court desires to take a reasonable time to inform itself on the question presented; but the ruling shall always be made during the trial and at such time as will give the party against whom it is made an opportunity to meet the situation presented by the ruling. Under Section 2 of Rule 130, documentary evidence includes writing, recording, photograph or other record. How witness impeached by evidence of inconsistent statements. The witness may also testify on his impressions of the emotion, behavior, condition or appearance of a person. Preponderance of evidence, how determined. 10-3-7-SC; full text), 2020 Bar Exams: Information, Discussions, Questions and Results, 2013 (Taxation) Bar Exam Questions: Essay Question 7, Summary of Remedies under the Financial Rehabilitation and Insolvency Act (FRIA) in the Philippines, Areas under ECQ/GCQ/MECQ; Omnibus Guidelines for Community Quarantine, Results of the 2019 Bar Examinations: Full List, Percentage of Bar Exam Passers (2000-2018), Amendments to the Rules of Civil Procedure, to Take Effect 1 May 2020, Financial Assistance for Filipino Workers and OFWs, 30-Day Grace Period for Loans and Rents during the COVID-19 Lockdown, No Parking, No Car (Proof-of-Parking Space Act, Senate Bill No. The depositions may then be taken in accordance with Rule 24 before the hearing. (n). (c) The mental sanity of a person with whom he is sufficiently acquainted. An offer to pay or the payment of medical, hospital or other expenses occasioned by an injury is not admissible in evidence as proof of civil or criminal liability for the injury. trust funds, was obtained in violation of the Secrecy of Bank Deposits Law ( R.A. 1405) and moved to have them be excluded as evidence. Interpretation according to intention; general and particular provisions. A transcript of the record of the proceedings made by the official stenographer, stenotypist or recorder and certified as correct by him shall be deemed prima facie a correct statement of such proceedings. All other public documents are evidence, even against a third person, of the fact which gave rise to their execution and of the date of the latter. These Rules shall take effect on the first day of August 2001 following their publication before the 20th of July in two newspapers of general circulation in the Philippines. “Examination” – to find out facts from the witness or to test his memory, truthfulness or credibility by directing him to answer appropriate questions. The court will grant or withhold leave in its discretion, as the interests of justice may require. — Objection to evidence offered orally must be made immediately after the offer is made. — If a deposition to perpetuate testimony is taken under this rule, or if, although not so taken, it would be admissible in evidence, it may be used in any action involving the same subject matter subsequently brought in accordance with the provisions of Sections 4 and 5 of Rule 24. This refers to the question as to whether the evidence amounts or meets the requ… On re-direct-examination, questions on matters not dealt with during the cross-examination, may be allowed by the court in its discretion. — Circumstantial evidence is sufficient for conviction if: (a) There is more than one circumstances; (b) The facts from which the inferences are derived are proven; and, (c) The combination of all the circumstances is such as to produce a conviction beyond reasonable doubt. (kk) That if there is a doubt, as between two or more persons who are called to succeed each other, as to which of them died first, whoever alleges the death of one prior to the other, shall prove the same; in the absence of proof, they shall be considered to have died at the same time. [17] Second, PNB’s own witness, San Diego, testified that in the verification process, the principal duty to determine the genuineness of the signature devolved upon the account analyst. — An offer in writing to pay a particular sum of money or to deliver a written instrument or specific personal property is, if rejected without valid cause, equivalent to the actual production and tender of the money, instrument, or property. (7a), Section 10. Litigants and witnesses, for good reasons, often prefer to keep the original of the document that is to be presented in and submitted to the court. 188064 . — The following persons cannot testify as to matters learned in confidence in the following cases: (a) The husband or the wife, during or after the marriage, cannot be examined without the consent of the other as to any communication received in confidence by one from the other during the marriage except in a civil case by one against the other, or in a criminal case for a crime committed by one against the other or the latter's direct descendants or ascendants; (b) An attorney cannot, without the consent of his client, be examined as to any communication made by the client to him, or his advice given thereon in the course of, or with a view to, professional employment, nor can an attorney's secretary, stenographer, or clerk be examined, without the consent of the client and his employer, concerning any fact the knowledge of which has been acquired in such capacity; (c) A person authorized to practice medicine, surgery or obstetrics cannot in a civil case, without the consent of the patient, be examined as to any advice or treatment given by him or any information which he may have acquired in attending such patient in a professional capacity, which information was necessary to enable him to act in capacity, and which would blacken the reputation of the patient; (d) A minister or priest cannot, without the consent of the person making the confession, be examined as to any confession made to or any advice given by him in his professional character in the course of discipline enjoined by the church to which the minister or priest belongs; (e) A public officer cannot be examined during his term of office or afterwards, as to communications made to him in official confidence, when the court finds that the public interest would suffer by the disclosure. (48a), Section 35. 46-A, Extension of Deadline on Availment of Tax Amnesty on Delinquencies (BIR RMC 61-2020), Decision in People vs. Reynaldo Santos, Jr., Maria Angelita Ressa and Rappler, re Online Libel (Full Text), What Travelers / Tourists Should Know when Traveling in the Philippines under the “New Normal”, How Much We Miss the Outdoors: Let Us Count the Ways. (5a), Section 7. — Entries in official records made in the performance of his duty by a public officer of the Philippines, or by a person in the performance of a duty specially enjoined by law, are prima facie evidence of the facts therein stated. Judicial notice, when discretionary. If the court finds that the perpetuation of the testimony is proper to avoid a failure or delay of justice, it may make an order allowing the depositions to be taken, and thereupon the depositions may be taken and used in the same manner and under the same conditions as are prescribed in these rules for depositions taken in actions pending in the Regional Trial Court. It is object evidence if the purpose of its presentation is to prove its existence. Alteration in document, how to explain. A. Whoever alleges the legitimacy or illegitimacy of such child must prove his allegation. (cc) That in cases of cohabitation by a man and a woman who are not capacitated to marry each other and who have acquire properly through their actual joint contribution of money, property or industry, such contributions and their corresponding shares including joint deposits of money and evidences of credit are equal. (41a), Section 48. way that court litigation and dispute resolution have traditionally been conducted in the Philippines. (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. (n), Section 4. If one be under fifteen or over sixty, and the other between those ages, the latter is deemed to have survived. [42] The discussion below of the Defendant's manifold contentions, fortifies my view that the 2 Suits need not be tried. Relevancy; collateral matters. xx HEIRS OF SPS. Irremovability of public record. Judicial notice, when hearing necessary. “The massive body of scientific data, documentary evidence, and legal analysis amassed during this inquiry is unparalleled in its depth and scope,” said Muffett. Documentary evidence. — The petition shall be entitled in the name of the petitioner and shall show: (a) that the petitioner expects to be a party to an action in a court of the Philippines by is presently unable to bring it or cause it to be brought; (b) the subject matter of the expected action and his interest therein; (c) the facts which he desires to establish by the proposed testimony and his reasons for desiring to perpetuate it; (d) the names of a description of the persons he expects will be adverse parties and their addresses so far as known; and (e) the names and addresses of the persons to be examined and the substance of the testimony which he expects to elicit from each, and shall ask for an order authorizing the petitioner to take the depositions of the persons to be examined named in the petition for the purpose of perpetuating their testimony. — If the document is in the custody or under the control of adverse party, he must have reasonable notice to produce it. Section 1. — The declaration made by a person deceased, or unable to testify, against the interest of the declarant, if the fact is asserted in the declaration was at the time it was made so far contrary to declarant's own interest, that a reasonable man in his position would not have made the declaration unless he believed it to be true, may be received in evidence against himself or his successors in interest and against third persons. Striking out answer. — Documents written in an unofficial language shall not be admitted as evidence, unless accompanied with a translation into English or Filipino. He may show that the alteration was made by another, without his concurrence, or was made with the consent of the parties affected by it, or was otherwise properly or innocent made, or that the alteration did not change the meaning or language of the instrument. The Rule provides that should a party or a witness desire to keep the original document or object evidence in his possession, he may, after the same has been identified, marked as exhibit, and authenticated, warrant in his judicial affidavit that the copy or reproduction attached to such affidavit is a faithful copy or reproduction of that original. (31a), Section 38. (15). Acting on the Memorandum dated 18 June 2001 of the Committee on the Revision of the Rules of Court to Draft the rules on E-Commerce Law [R.A. No. [41] In view of the Defendant's 2 Admissions, contemporaneous documentary evidence in the form of the PO's, Bunker Delivery Notes and Invoices as well as the Defendant's 3rd Payment, I have no hesitation to allow the Summary Judgment Applications. — Before a witness can be impeached by evidence that he has made at other times statements inconsistent with his present testimony, the statements must be related to him, with the circumstances of the times and places and the persons present, and he must be asked whether he made such statements, and if so, allowed to explain them. Petitioner asks for the conditions under which DNA technology may be integrated into our judicial system and the prerequisites for the admissibility of DNA test results in a paternity suit. Admission by co-partner or agent. Direct examination. Section 9. For the Declaration of Nullity based on psychological incapacity, the report of the psychologist is also needed before your lawyer can draft the petition. It is not allowed, except: (c) When there is a difficulty is getting direct and intelligible answers from a witness who is ignorant, or a child of tender years, or is of feeble mind, or a deaf-mute; (d) Of an unwilling or hostile witness; or. — The opinion of a witness on a matter requiring special knowledge, skill, experience or training which he shown to posses, may be received in evidence. Rights and obligations of a witness. This depends on the judicial evaluation within the guidelines provided by the rules and by jurisprudence. — The declaration of a dying person, made under, the consciousness of an impending death, may be received in any case wherein his death is the subject of inquiry, as evidence of the cause and surrounding circumstances of such death. (2) Unless in rebuttal, the prosecution may not prove his bad moral character which is pertinent to the moral trait involved in the offense charged. When part of transaction, writing or record given in evidence, the remainder, the remainder admissible. — During their marriage, neither the husband nor the wife may testify for or against the other without the consent of the affected spouse, except in a civil case by one against the other, or in a criminal case for a crime committed by one against the other or the latter's direct descendants or ascendants. At least twenty (20) days before the date of hearing the notice shall be served in the manner provided for service of summons. The parties’ documentary or object evidence, if any, which shall be attached to the judicial affidavits and marked as Exhibits A, B, C, and so on in the case of the complainant or the plaintiff, and as Exhibits 1, 2, 3, and so on in the case of the respondent or the defendant. — Evidence is the means, sanctioned by these rules, of ascertaining in a judicial proceeding the truth respecting a matter of fact. Documentary and Object Evidence under the Judicial Affidavit Rule, Introduction to and discussion of the Judicial Affidavit Rule, Effectivity and Purpose of the Judicial Affidavit Rule, Scope of Application of the Judicial Affidavit Rule, Service and filing of the Judicial Affidavit, Required contents of a judicial affidavit under the Judicial Affidavit Rule, Offer of Testimony and Objections under the Judicial Affidavit Rule, Cross-examination and Re-Direct Examination under the Judicial Affidavit Rule, Resort to subpoena under the Judicial Affidavit Rule, Formal offer of evidence under the Judicial Affidavit Rule, Effects of Non-Compliance with the Judicial Affidavit Rule, Credit Cards and Unfair Collection Practices, Primer on Taxation of Philippine Cooperatives, Rules on e-Filing (A.M. No. (27a), Section 27. Although certain pieces of documentary evidence were also attached to the said Complaint, such as TCTs and tax declarations of the real properties in the names of petitioner, his wife, and his children, and the travel information provided by the BID, these mostly prove facts which were not denied by petitioner, but for which he had credible explanation or qualification. Part of res gestae. On proper motion, the court may also order the striking out of answers which are incompetent, irrelevant, or otherwise improper. (5a), Section 6. (36a), Section 43. Admission by conspirator. CR No. — Direct examination is the examination-in-chief of a witness by the party presenting him on the facts relevant to the issue. Sonny Yabao and Alex Baluyut: From Cory to Noynoy: PMAers in the Cabinet. If so, the requirement of preliminary conference under Circular No. (32a), Section 39. So a particular intent will control a general one that is inconsistent with it. — Whenever a copy of a document or record is attested for the purpose of evidence, the attestation must state, in substance, that the copy is a correct copy of the original, or a specific part thereof, as the case may be. — The following presumptions are satisfactory if uncontradicted, but may be contradicted and overcome by other evidence: (a) That a person is innocent of crime or wrong; (b) That an unlawful act was done with an unlawful intent; (c) That a person intends the ordinary consequences of his voluntary act; (d) That a person takes ordinary care of his concerns; (e) That evidence willfully suppressed would be adverse if produced; (f) That money paid by one to another was due to the latter; (g) That a thing delivered by one to another belonged to the latter; (h) That an obligation delivered up to the debtor has been paid; (i) That prior rents or installments had been paid when a receipt for the later one is produced; (j) That a person found in possession of a thing taken in the doing of a recent wrongful act is the taker and the doer of the whole act; otherwise, that things which a person possess, or exercises acts of ownership over, are owned by him; (k) That a person in possession of an order on himself for the payment of the money, or the delivery of anything, has paid the money or delivered the thing accordingly; (l) That a person acting in a public office was regularly appointed or elected to it; (m) That official duty has been regularly performed; (n) That a court, or judge acting as such, whether in the Philippines or elsewhere, was acting in the lawful exercise of jurisdiction; (o) That all the matters within an issue raised in a case were laid before the court and passed upon by it; and in like manner that all matters within an issue raised in a dispute submitted for arbitration were laid before the arbitrators and passed upon by them; (p) That private transactions have been fair and regular; (q) That the ordinary course of business has been followed; (r) That there was a sufficient consideration for a contract; (s) That a negotiable instrument was given or indorsed for a sufficient consideration; (t) That an endorsement of negotiable instrument was made before the instrument was overdue and at the place where the instrument is dated; (v) That a letter duly directed and mailed was received in the regular course of the mail; (w) That after an absence of seven years, it being unknown whether or not the absentee still lives, he is considered dead for all purposes, except for those of succession. 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