Professional Documents
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Circumstantial Evidence is that evidence that indirectly proves a fact in issue through an inference
which the fact finder draws from the evidence established. Circumstantial or indirect evidence is
the exact opposite of direct evidence. When the evidence is circumstantial, a fact is established
by making an inference from a previously established fact. Circumstantial evidence is the rule of
evidence that applies when no witness saw the commission of the crime.
Example: The fingerprints of the accused that are found in a crime scene of a murder, such prints
constitute
Note: The above circumstances must constitute an unbroken chain that inexorably leads to one
fair conclusion; the accused committed the crime to the exclusion of all others. The circumstances
must be consistent with one another, and are to be taken together as proved.
Note: Any admission to be taken against the accused during the pretrial should be in writing
and signed by the accused and his counsel.
3. What is the One day examination of witness rule? What is the most important witness rule?
The one-day examination of witness rule states that a witness has to be fully examined in one day
only and this rule shall be strictly adhered to subject to the courts discretion during trial on
whether or not to extend the direct and/or cross-examination for justifiable reasons.
The most important witness rule states that when all efforts to settle fail, the trial judge shall
determine the most important witness to be heard and limit the number of witnesses.
a) Non-appearance of the plaintiff during pre-trial results in the dismissal of the case. The
dismissal shall be with prejudice, unless otherwise ordered by the court.
b) However, if the plaintiff is present but the counsel is absent the case will not be dismissed.
The lawyer may be sanctioned by the court.
c) If the lawyer is present but the plaintiff is absent, the case will be dismissed unless the
plaintiff has authorized the lawyer to appear for and in his behalf fully authorized in
writing to enter into an amicable settlement, to submit to alternative modes of dispute
resolution, and to enter into stipulations or admissions of facts and of documents.
a) Non-appearance of the defendant results in the plaintiff being allowed by the court to
present evidence ex parte and the court to render judgment on the basis thereof.
b) However, if the defendant is present but the counsel is absent the case will not be
dismissed. The lawyer may be sanctioned by the court.
c) If the lawyer is present but the defendant is absent, the case will be dismissed unless the
latter has authorized the lawyer to appear for and in his behalf fully authorized in writing
to enter into an amicable settlement, to submit to alternative modes of dispute
resolution, and to enter into stipulations or admissions of facts and of documents.
The Best Evidence Rule provides that when the subject of inquiry is the contents of a document,
no evidence shall be admissible other than the original document itself.
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.
The Best Evidence Rule provides that when the subject of inquiry is the contents of a document,
no evidence shall be admissible other than the original document itself. The Best Evidence Rule,
applied to documentary evidence, operates as a rule of exclusion, that is, secondary evidence
cannot be inceptively be introduced as the original writing itself must be produced in court, except
in the four instances mentioned in Sec. 3. Where the issue is only as to whether such a document
was actually executed, or exists, or on the circumstances relevant to or surrounding its execution
or delivery (external facts), the best evidence rule does not apply and testimonial evidence is
admissible
The Parol Evidence Rule provides that when the terms of an agreement have been reduced to
writing, it is considered as containing all the terms agreed upon and there can be, between the
parties and their successors-in-interest, no evidence of such terms other than the contents of the
written agreement. The term agreement includes wills. The Parol Evidence Rule can only be
invoked by the parties to the contract. It is limited only to contractual agreements. It is important
that the contract must have been reduced into WRITING. The term parol means oral or verbal
but with reference to contracts it means extraneous evidence or evidence aliunde. Only the
parties and successors-in-interest are bound by the parol evidence rule. The rule does NOT bind
suits involving strangers to the contract. The rule applies only to parties to the written agreement
and those who are privy to a party or successors-in-interests.
Parol evidence is inadmissible for any of the following purposes as between parties to the
contract, to wit:
a) Modify
b) Explain
c) Add to the terms of the written agreement.
Exceptions to the Parol Evidence Rule: (these matters must be put in issue in the pleadings)
Both the best evidence rule and the parol evidence rule do not apply to object evidence.
8. Distinction between marital DQ rule vs. marital privilege rule.
The Marital Disqualification Rule provides that 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 latters direct descendant or descendants. (Sec. 22, Rule 130)
The Marital Privileged Communications Rule provides that 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 (Sec. 24(a), Rule 130).
Requisites for the Marital Privileged Communications Rule to apply: (Spousal Privilege)
Object as evidence are those addressed to the senses of the court. When an object is relevant to
the fact in issue, it may be exhibited to, examined or viewed by the court (Sec. 1, Rule 130).
Object evidence, also known as real evidence, demonstrative evidence, autoptic preference and
physical evidence, is that evidence which is addressed to the senses of the court (Sec. 1, Rule 130).
It is not limited to the view of an object. It covers the entire range of human senses: hearing, taste,
smell, and touch (Riano)
A leading question is one which suggests to the witness the answer which the examining party
desires. As a rule leading questions are not allowed.
If the evidence offered is testimonial evidence, the offer must be made at the time the witness is
called to testify. Every time a new witness is called to testify, there must be an offer of evidence.
Objections to testimonial evidence must be made right after every question is
propounded.
If the evidence offered is documentary and/or object evidence the offer must be made after the
presentation of partys testimonial evidence, and before resting his case (Sec. 35, Rule 132). The
evidence is only offered once, after all the testimonial evidence are offered and prior to the
resting of the case for a party.
Objections to documentary or object evidence can only be made at the time of the formal
offer of evidence.
NOTE: The presentation of a documentary or object evidence for marking and identification
during the course of trial is not the offer contemplated in the rules (Riano, 2013).