97985742 evidence digested cases 2

8/13/2019 97985742 Evidence Digested Cases 2

1/62

THEREVISEDRULESONEVIDENCE:

Codal Provisions,Special Laws &Jurisprudence

Class of 3-C2003-2004

Atty !rancis "dralin Li#Ateneo $e %anila Scool of Law

Volume 1


2/62

Project Heads

Glenn Q. AlbanoMa. Lourdes O. Dino

Frances Joanne D. MirandaMa. Cristina P. Salvatierra

Jose C. Salvosa

Project Members & Contributors

Frank John S. AbdonMadeleine G. Avanzado

Giovanni autistaJazel Anne G. Calvo

Arnaldo M. Cari!o"lon Cris C. Culan#enOliver S. Faustino

Jose Mi#uel A. FernandezAbi#ail Jo$ D. Ga%boa

Serene A. Go&a$%ond Jose'h &. (bon

Jonas S. )ha*)atherine L. Larios

Ja$dee Justine . Le#as'iAntonio Paolo S. Li%

&o%eo D. Lu%a#ui+ Jr.&$an D. Mancera

Gar$ Ja$ &. Mara%a#

Marvin ,. Masan#ka$Clarence &o%%el C. -anuil

"%erson /. PaladGiancarlo M. Pu$o

&odol0o ,. &e$no (((Aaron &oi . &iturbanAnne Per'etual S. &iveraJose Mar%oi F. Salon#a

1rina . San Die#oAnna L$ne P. San Juan

everl$ L. Santia#oJeovert Les%es S. Solano$

Christian 2. Sorita

Marie An#eli P. /$Fides C. ,ictorio


3/62

Evidence Project Volumes

'olu#e () * Ad#issi+ility of "vidence** at eed ot .e Proved

*** /eal $e#onstrative "vidence*' .est "vidence /ule

'olu#e 2) ' Parole "vidence /ule'* *nterpretation of $ocu#ents'** ualifications of itnesses

'*** Privile1ed Co##unications

'olu#e 3) * Ad#issions & Confessions Conduct & Caracter

'olu#e 4) * earsay /ule** pinion /ule

'olu#e 5) *** .urden of Proof & Presu#ptions*' Presentation of "vidence 6Part A,. , C ( to 78

'olu#e 9) *' Presentation of "vidence 6Part C: to (0, $, "8' ei1t & Sufficiency of "vidence

Volume 1: Table of Contents

3C 455364557 "vidence Pro8ect,ol. 9 6 9 6


4/62

(. Ad%issibilit$ o0 "vidence

A. &ule 94:+ Sections 967.9. &e$es vs. CA4. Peo'le vs. 1urco

. &elevance9. &ule 94:+ Sections 3 ; 7.4. autista vs. A'erece3. Lo'ez vs. 2eesen7. State vs. all

C. Co%'etence9. &ule 94:+ Section 3.4. " Constitution

?a@ Art. (((+ Sections 4 ; 3.?b@ Art. (((+ Section 94.?c@ Art. (((. Section 9>.

3. Statutor$ &ules o0 "+ Section 459?b@ &A 975+ La* on Secrec$ o0 ank De'osits ?&A >B3+

93@?c@ &A 7455+ Anti6ireta''in# Act

?i@ Ganaan vs. (AC?ii@ Salcedo6Ortanez vs. CA

?iii@ &a%irez vs. CA

((. hat -eed -ot e Proved

A. &ule 94=+ Sections 967.&ule 95+ Section :.

. Cases9. Judicial -otice

?a@ Cit$ o0 Manila vs. Garcia?b@ a#uio vs. ,da. De Jala#at?c@ Prieto vs. Arro$o?d@ Eao6)ee vs. S$6Gonzales?e@ 1abuena vs. CA?0@ Peo'le vs. Godo$?#@ P(6Savin#s vs. C1A

4. Judicial Ad%issions?a@ Lucida vs. Calu'itan



5/62

?b@ 1orres vs. CA?c@ iton# vs. CA

(((. &eal and De%onstrative "vidence

A. &ule 935+ Sections 9 ; 4.

. Cases9. Peo'le vs. arda8e4. Sison vs. Peo'le3. Ada%czuk vs. 2ollo*a$7. State vs. 1atu%

(,. est "vidence &ule

A. &ule 935+ Sections 46:&ule 934+ Sections 4 ; 4>."lectronic Co%%erce Act ?&A :>=4@+ Sections + B69.&ules on "lectronic "vidence+ &ule 4+ Sections 9+ 3+ 7.

. Cases9. Air France vs. Carrascoso4. Me$ers vs. /nited States3. Peo'le vs. 1an7. Seiler vs. Lucas0il%

. Peo'le vs. 1ando$B. /S vs. Gre#orio>. Fiscal o0 Pa%'an#a vs. &e$es:. ,da. De Cor'us vs. raban#co=. Co%'ania Mariti%a vs. Allied Free orkers95.,illa &e$ 1ransit vs. Ferrer99.Michael ; Co. vs. "nriuez94.De ,era vs. A#uilar

I. ADMISSII!IT" #$ %VID%C%

A. RULE 128, SECTION 1-4:

RULE 128



6/62

GENERAL PROVISIONS

SECTION 1. Evidence defined.Evidence is the means, sanctionedby these rules, of ascertaining in a judicial proceeding the truthrespecting a matter of fact. (1)

SECTION 2. Scope. The rules of evidence shall be the same in allcourts and in all trials and hearings, except as otherise provided byla or these rules. (!a)

SECTION 3.Admissibility of evidence. Evidence is admissible henit is relevant to the issue and is not excluded by the la or these rules.("a)

SECTION 4. Relevancy; Collateral Matters. Evidence must havesuch a relation to the fact in issue as to induce belief in its existence or

non#existence. Evidence on collateral matters shall not be alloed,except hen it tends in any reasonable degree to establish theprobability or improbability of the fact in issue.

CASES:

'e(es )s. Court of A**eals

+1, SC'A +- 1//0

'ule 1+23 Sec. 145

FAC1SJuan Mendoza+ the 0ather o0 de0endant Ol$%'io+ is the o*ner o0 Far% Lots -os. 7B and

95B+ devoted to the 'roduction o0 'ala$. 1he lots are tenanted and cultivated b$ Julian de laCruz+ the husband o0 'lainti00 "u0rocina de la Cruz.

(n her co%'laint+ "u0rocina alle#ed that u'on the death o0 her husband+ she succeededhi% as bona 0ide tenant. 2o*ever+ Ol$%'io in cons'irac$ *ith the other de0endants 'reventedher dau#hter ,ioleta and her *orkers 0ro% enterin# and *orkin# on the 0ar% lots. De0endantslike*ise re0used to vacate and surrender the lots+ *hich 'ro%'ted "u0rocina to 0ile a case 0orthe recover o0 'ossession and da%a#es *ith a *rit o0 'reli%inar$ %andator$ in8unction in the%eanti%e.

1he 'etitioners in this case+ the de0endants &e$es+ Para$ao+ A#uinaldo andManan#ha$a+ are dul$ elected and a''ointed baran#a$ o00icials o0 the localit$+ *ho deniedtheir inter0erence in the tenanc$ relationshi' e


7/62

On a''eal+ the 'etitioners uestioned the 0avorable consideration #iven to the a00idavitso0 "u0rocina and "0ren 1ecson+ since the a00iants *ere not 'resented and sub8ected to cross6e


8/62

1he trial court convicted the accused+ statin# that the de0ense o0 Hs*eetheart theor$I*as a %ere concoction o0 the accused in order to e


9/62

except hen it tends in any reasonable degree to establish theprobability or improbability of the fact in issue.

CASES:

autista )s. A*arece

-1 #.9. 28- 1//-'ele)ance

FAC1SAs o*ner o0 the lot sub8ect o0 the case+ -icolas Anasco sold the sa%e to ,alentin

Justiniani. (n the sa%e $ear+ ,alentin sold this 'ro'ert$ to Claudio Justiniani+ (n October 94+9=3+ Claudio Justiniani e 6


10/62

!o*e )s. Heesen

0,- P.+d 552 1/,1

'ele)ance

FAC1SA''ellee 2eesen+ an air Force o00icer+ 'urchased a J.C. 2i##ins Model 9 35.5B ri0le0ro% the store o0 a''ellee Sears. 1he ri0le has a bolt action kno*n as a HMausser t$'e actionI*ith a HClass 9I sa0et$ %echanis%. At the ti%e o0 the 'urchase+ 2eesen *as #iven aninstruction 'a%'hlet *hich he read+ e


11/62

'osition. 1his is an issue+ the 'ro'er understandin# o0 *hich+ reuires kno*led#e ore


12/62

ob8ected to the ad%issibilit$ o0 the 0ollo*in# articles 0ound in his 'erson durin# the arrest on#rounds o0 i%%aterialit$ and irrelevance a bro*n 0elt hat+ a bro*nish *indbreaker t$'e8acket+ trousers+ #ra$ shirt and shoes+ and 4:.54 in currenc$ and t*o 'ennies.

(SS/"S?S@

?9@ hether or not the evidence o0 0li#ht is inad%issible 0or reason o0 re%oteness to theti%e o0 the co%%ission o0 the cri%e.?4@ hether or not the articles 0ound in the 'erson o0 the accused at the ti%e o0 his arrest

are inad%issible 0or bein# irrelevant and i%%aterial.

&/L(-G?9@ /ne


13/62

SEC. 2, Article IIIThe right of the people to be secure in their persons, houses, papers,and effects against unreasonable searches and sei%ures of hatevernature and for any purpose shall be inviolable, and no search arrant

or arrant of arrest shall issue except upon probable cause to bedetermined personally by the judge after examination under oath oraffirmation of the complainant and the itnesses he may produce, andparticularly describing the place to be searched and the persons orthings to be sei%ed.

SEC. 3. Article III(1) The privacy of communication and correspondence shall beinviolable except upon laful order of the court, or hen public safetyor order re&uires otherise as prescribed by la.(!) 'ny evidence obtained in violation of this or the preceding section

shall be inadmissible for any purpose in any proceeding.

(b) SECTION 12, ARTICLE III

Section 12, Article III(1) 'ny person under investigation for the commission of an offenseshall have the right to be informed of his right to remain silent and tohave competent and independent counsel preferably of his onchoice. f the person cannot afford the services of counsel, he must beprovided ith one. These rights cannot be aived except in riting and

in the presence of counsel.(!) o torture, force, violence, threat, intimidation, or any other meanshich vitiate the free ill shall be used against him. *ecret detentionplaces, solitary, incommunicado, or other similar forms of detention areprohibited.(") 'ny confession or admission obtained in violation of this or *ection1+ hereof shall be inadmissible in evidence against him.() The la shall provide for penal and civil sanctions for violations ofthis section as ell as compensation to and rehabilitation of victims oftorture or similar practices, and their families.

(c) SECTION 17, ARTICLE III

SEC. 17.

o person shall be compelled to be a itness against himself.



14/62

0. STATUTORY RULES OF EXCLUSION

1. SECTION 21, TAX REFOR! ACT OF 1""7

SEC. 201. Effect of Failure to Stamp Taxable Document. 'ninstrument, document or paper hich is re&uired by la to be stampedand hich has been signed, issued, accepted or transferred ithoutbeing duly stamped, shall not be recorded, nor shall it or any copythereof or any record of transfer of the same be admitted or used inevidence in any court until the re&uisite stamp or stamps are affixedthereto and cancelled.

(b) RA 14#, LA$ ON SECRECY OF %AN& DE'OSITS

LA! ON SECREC" O# $AN% &EPOSITSRe'()lic Act No.140*, + +-ene

AN ACT PRO/I$ITING &ISCLOSURE O# OR INUIR"INTO, &EPOSITS !IT/ AN" $AN%ING INSTITUTION AN&

PROVI&ING PENALT" T/ERE#OR

Section 1.t is hereby declared to be the policy of the -overnment to give

encouragement to the people to deposit their money in baning institutions and todiscourage private hoarding so that the same may be properly utili%ed by bans inauthori%ed loans to assist in the economic development of the country.

Sec 2.1

'll deposits of hatever nature ith bans or baning institutionsin the /hilippines including investments in bonds issued by the -overnment of the/hilippines, its political subdivisions and its instrumentalities, are herebyconsidered as of an absolutely confidential nature and may not be examined,in&uired or looed into by any person, government official, bureau or office, excepthen the examination is made in the course of a special or general examinationof a ban and is specifically authori%ed by the 0onetary oard after beingsatisfied that there is reasonable ground to believe that a ban fraud or seriousirregularity has been or is being committed and that it is necessary to loo into thedeposit to establish such fraud or irregularity, or hen the examination is made byan independent auditor hired by the ban to conduct its regular audit provided thatthe examination is for audit purposes only and the results thereof shall be for the

exclusive use of the ban, or upon ritten permission of the depositor, or in casesof impeachment, or upon order of a competent court in cases of bribery ordereliction of duty of public officials, or in cases here the money deposited orinvested is the subject matter of the litigation. ('s amended by /2 o.1+3!,$anuary 14, 1351)

Sec 3.t shall be unlaful for any official or employee of a ban to discloseto any person other than those mentioned in *ection To hereof, or for anindependent auditor hired by a ban to conduct its regular audit to disclose to any



15/62

person other than a ban director, official or employee authori%ed by the ban,any information concerning said deposits. ('s amended by /2o.1+3!)

Sec 4.'ll acts or parts of 'cts, *pecial 6harters, Executive 7rders, 8ules

and 8egulations hich are inconsistent ith the provisions of this 'ct are herebyrepealed.

Sec *.'ny violation of this la ill subject the offender upon conviction, toan imprisonment of not more than five years or a fine of not more than tentythousand pesos or both, in the discretion of the court.

Sec .This 'ct shall tae effect upon its approval.

'//879E2, *eptember 3, 13::.

;;;;;;;;;;

1

This *ection and *ection " ere both amended by /res. 2ecree o.1+3!, issued $anuary14, 1351, /2 1+3! as expressly repealed by *ec. 1": of 8ep. 'ct o.+4:", approved$une 1, 133". The original *ections ! and " of 8ep. 'ct o.1*ec. ! 'll deposits of hatever nature ith bans or baninginstitutions in the /hilippines including investments in bonds issued by the -overnment ofthe /hilippines, its political subdivisions and its instrumentalities, are hereby considered asof an absolutely confidential nature and may not be examined, in&uired or looed into by anyperson, government official, bureau or office, except upon ritten per# mission of thedepositor, or in cases of impeachment, or upon order of a competent court in cases ofbribery or dereliction of duty of public officials. or in cases here the money deposited orinvested is the subject matter of the litigation,> >*ec. ". t shall be unlaful for any official oremployee of a baning institution to disclose to any person other than those mentioned in

*ection to hereof any information concerning said deposits.>

( c ) R.A. NO. 42 $IRETA''IN ACT

REPU$LIC ACT NO. 4200

AN ACT TO PRO/I$IT AN& PENALIE !IRE TAPPING AN& OT/ER

RELATE& VIOLATIONS O# T/E PRIVAC" O# COUNICATION, AN& #OROT/ER PURPOSES

SECTION 1.t shall be unlaful for any person, not being authori%ed by allthe parties to any private communication or spoen ord, to tap any ire or cable,or by using any other device or arrangement, to secretly overhear, intercept, orrecord such communication or spoen ord by using a device commonly nonas a dictaphone or dictagraph or detectaphone or alie#talie or tape recorder, orhoever otherise described.



16/62

t shall also be unlaful for any person, be he a participant or not in the actor acts penali%ed in the next preceding sentence, to noingly possess any taperecord, ire record, disc record, or any other such record, or copies thereof, ofany communication or spoen ord secured either before or after the effectivedate of this 'ct in the manner prohibited by this la? or to replay the same for anyother person or persons? or to communicate the contents thereof, either verballyor in riting, or to furnish transcriptions thereof, hether complete or partial, toany other person= rovided, That the use of such record or any copies thereof asevidence in any civil, criminal investigation or trial of offenses mentioned in*ection " hereof, shall not be covered by this prohibition.

SECTION 2.'ny person ho illfully or noingly does or ho shall aid,permit, or cause to be done any of the acts declared to be unlaful in thepreceding section or ho violates the provisions of the folloing section or of anyorder issued thereunder, or aids, permits, or causes such violation shall, uponconviction thereof, be punished by imprisonment for not less than six months ormore than six years and ith the accessory penalty of perpetual absolutedis&ualification from public office if the offender be a public official at the time ofthe commission of the offense, and, if the offender is an alien he shall be subjectto deportation proceedings.

SECTION 3. othing contained in this 'ct, hoever, shall render itunlaful or punishable for any peace officer, ho is authori%ed by a ritten orderof the 6ourt, to execute any of the acts declared to be unlaful in the topreceding sections in cases involving the crimes of treason, espionage, provoingar and disloyalty in case of ar, piracy, mutiny in the high seas, rebellion,conspiracy and proposal to commit rebellion, inciting to rebellion, sedition,conspiracy to commit sedition, inciting to sedition, idnapping as defined by the8evised /enal 6ode, and violations of 6ommonealth 'ct o. 414, punishingespionage and other offenses against national security= rovided! That suchritten order shall only be issued or granted upon ritten application and theexamination under oath or affirmation of the applicant and the itnesses he mayproduce and a shoing= (1) that there are reasonable grounds to believe that anyof the crimes enumerated hereinabove has been committed or is being committedor is about to be committed= rovided! "o#ever! That in cases involving theoffenses of rebellion, conspiracy and proposal to commit rebellion, inciting torebellion, sedition, conspiracy to commit sedition, and inciting to sedition, suchauthority shall be granted only upon prior proof that a rebellion or acts of sedition,as the case may be, have actually been or are being committed? (!) that there arereasonable grounds to believe that evidence ill be obtained essential to theconviction of any person for, or to the solution of, or to the prevention of, any suchcrimes? and (") that there are no other means readily available for obtaining suchevidence.

The order granted or issued shall specify= (1) the identity of the person orpersons hose communications, conversations, discussions, or spoen ords areto be overheard, intercepted, or recorded and, in the case of telegraphic ortelephonic communications, the telegraph line or the telephone number involvedand its location? (!) the identity of the peace officer authori%ed to overhear,

http://www.chanrobles.com/revisedpenalcodeofthephilippines.htmhttp://www.chanrobles.com/revisedpenalcodeofthephilippines.htm


17/62

intercept, or record the communications, conversations, discussions, or spoenords? (") the offense or offenses committed or sought to be prevented? and ()the period of the authori%ation. The authori%ation shall be effective for the periodspecified in the order hich shall not exceed sixty (4


18/62

1hat sa%e %ornin#+ Laconico tele'honed Att$. Gaanan to co%e to his o00ice and advisehi% on the settle%ent o0 the direct assault case.

hen Att$. Pintor called+ Laconico reuested Att$. Gaanan to secretl$ listen to thetele'hone conversation throu#h a tele'hone e


19/62

An e


20/62

Section !. An$ co%%unication+ or s'oken *ord+ or the e


21/62

authorized b$ all 'arties to an$ 'rivate co%%unication to secretl$ record suchco%%unication b$ %eans o0 a ta'e recorder. 1he la* %akes no distinction as to *hetherthe 'art$ sou#ht to be 'enalized b$ the statute ou#ht to be a 'art$ other than or di00erent0ro% those involved in the 'rivate co%%unication. 1he statutes intent to 'enalize all'ersons unauthorized to %ake such recordin# is underscored b$ the use o0 the uali0ier

Han$I. Conseuentl$+ the CA *as correct in concludin# that Heven a 'erson 'riv$ to aco%%unication+ *ho records his 'rivate conversation *ith another *ithout kno*led#e o0the latter+ *ill uali0$ as a violator under &.A. -o. 7455.I A 'erusal o0 the SenateCon#ressional &ecords+ %oreover+ su''orts such conclusion.

?4@ The substance of the conversation need not be alleged in the information. 1henature o0 the co%%unication is i%%aterial. 1he %ere alle#ation that an individual %adea secret recordin# o0 a 'rivate co%%unication b$ %eans o0 a ta'e recorder *ould su00iceto constitute an o00ense under Section 9 o0 &.A. -o. 7455 As the Solicitor General'ointed out+ H-o*here ?in the said la*@ is it reuired that be0ore one can be re#arded as aviolator+ the nature o0 the conversation+ as *ell as its co%%unication to a third 'erson

should be 'ro0essed.I

?3@ )*rivate communication+ includes )private conversation+. 1he *ordco%%unicate co%es 0ro% the Latin *ord communicare+ %eanin# Hto share or to i%'artI.(n its ordinar$ si#ni0ication+ co%%unication connotes an act o0 sharin# or i%'artin#+ as ina conversation?H'rocess b$ *hich %eanin#s or thou#hts are shared bet*een individualsthrou#h a co%%on s$ste% o0 s$%bolsI@. 1hese broad de0initions are likel$ to include thecon0rontation bet*een Socorro and "ster. Moreover+ an$ doubts about the le#islativebod$s %eanin# o0 the 'hrase H'rivate co%%unicationI are 'ut to rest b$ the 0act thatSenator 1a!ada in his "


22/62

II. >HAT %%D #T % P'#V%D

A. RULE 12", SECTIONS 1-4

RULE 12

!/AT NEE& NOT $E PROVE&

SECTION 1. $udicial notice! #"en mandatory. ' court shall taejudicial notice, ithout the introduction of evidence, of the existenceand territorial extent of states, their political history, forms ofgovernment and symbols of nationality, the la of nations, theadmiralty and maritime courts of the orld and their seals, the politicalconstitution and history of the /hilippines, the official acts of thelegislative, executive and judicial departments of the /hilippines, thelas of nature, the measure of time, and the geographical divisions.(1a)

SECTION 2. $udicial notice! #"en discretionary. ' court may taejudicial notice of matters hich are of public noledge, or are capableof un&uestionable demonstration, or ought to be non to judgesbecause of their judicial functions. (1a)

SECTION 3. $udicial notice! #"en "earin% necessary. 2uring thetrial, the court, on its on initiative, or on the re&uest of a party, mayannounce its intention to tae judicial notice of any matter and allothe parties to be heard thereon.

'fter trial, and before judgment or on appeal, the proper court, on itson initiative or on re&uest of a party, may tae judicial notice of anymatter and allo the parties to be heard thereon if such matter isdecisive of a material issue in the case. (n)

SECTION 4. $udicial Admissions. 'n admission, verbal or ritten,made by a party in the course of the proceedings in the same case,does not re&uire proof. The admission may be contradicted only byshoing that it as made through palpable mistae or that no suchadmission as made. (!a)

RULE 1, SECTION 8

SECTION 8. Effect of amended pleadin%s.'n amended pleadingsupersedes the pleading that it amends. Aoever, admissions insuperseded pleadings may be received in evidence against thepleader? and claims or defenses alleged therein not incorporated in theamended pleading shall be deemed aived.



23/62

CASES:

1. *UDICIAL NOTICE

Cit( of Manila )s. 9arcia

1/ SC'A 510 1/,76udicial otice

FAC1SFindin# that it *as necessar$ to e


24/62

a?uio )s. . Vda de 6ala?at

5+ SC'A 007 1/71

6udicial otice

FAC1S

GA&("L AG/(O 0iled 0or the uietin# o0 title to real 'ro'ert$ a#ainst 1"OF(LAJALAGA1 and her %inor children *ith the Court o0 First (nstance ?CF(@ o0 Misa%is Oriental.1he Jala#ats 0iled a %otion to dis%iss on the #round that the 'resent co%'laint is barred b$ a'revious 8ud#%ent rendered b$ the sa%e court. 1he 'revious case involved 'racticall$ the sa%e'ro'ert$+ the sa%e cause o0 action+ and the sa%e 'arties+ *ith Melecio Jala#at ?1eo0ilasdeceased husband and 'redecessor in interest@ as the de0endant. 1he 'revious case *aster%inated *ith the court dis%issin# a#uios co%'laint.

Actin# on the %otion and takin# 8udicial notice o0 its 'revious 8ud#%ent+ the lo*ercourt dis%issed the 'resent co%'laint on the #round o0 res "udicata. Conseuentl$+ a#uioa''ealed the order o0 dis%issal. 2e clai%ed that 0or the #round o0 res "udicatato su00ice as abasis 0or dis%issal it %ust be a''arent on the 0ace o0 the co%'laint.

(SS/"hether or not the CF( o0 Misa%is Oriental *as correct in 0indin# that there *as res

"udicatab$ takin# 8udicial notice o0 its 'revious 8ud#%ent.

&/L(-GT/E C- 0 -S%-S 0R-E&T% 2%S C0RRECT -& T%3-&4 567-C-% 0 -TS

*RE8-06S 5674E&T. (t ou#ht to be clear even to the a''ellant that under thecircu%stances+ the lo*er court certainl$ could take 8udicial notice o0 the 0inalit$ o0 8ud#%ent ina case that *as 'reviousl$ 'endin# and therea0ter decided b$ it. 1hat *as all that *as done b$the lo*er court in decreein# the dis%issal. Certainl$+ such an order is not contrar$ to la*. 1heSu're%e Court uoted Chie0 Justice Mor#an+ *ho said HCourts have also taken 8udicial noticeo0 'revious cases to deter%ine *hether or not the case 'endin# is a %oot one or *hether or notthe 'revious rulin# is a''licable in the case under consideration.I

(: Aaron 'oi 'iturban

Prieto )s. Arro(o

15 SC'A -5/ 1/,-

6udicial otice

FAC1SN"F"&(-O A&&OEO and GA&("L P&("1O *ere re#istered o*ners o0 ad8oinin#

lots in Ca%arines Sur. A0ter Ne0erino died+ his heirs had a ne* certi0icate o0 title re#istered intheir na%es. Subseuentl$+ the heirs discovered that the technical descri'tion set 0orth in theirtrans0er certi0icate o0 title and in the ori#inal certi0icate o0 title did not con0or% *ith thate%bodied in the decision o0 the land re#istration court ?*hich re#istered the land in Ne0erinosna%e@+ and *as less in area b$ 9> suare %eters. 1he$+ there0ore+ 0iled a 'etition 0or the



25/62

correction o0 the said descri'tion in their titles. 1herea0ter+ the court issued an order directin#the correction o0 the technical descri'tion o0 the land covered b$ their title.

Gabriel 0iled a 'etition to annul the order #rantin# the correction clai%in# that the 9>suare %eters *ere undul$ taken 0ro% his lot. 2o*ever+ his 'etition *as dis%issed 0or 0ailureto 'rosecute. 1hus+ Gabriel 0iled a second 'etition containin# si%ilar alle#ations. As e


26/62

2ence+ Eao 0iled a 'etition 0or revie* *ith the Su're%e Court clai%in# that the CAerred in holdin# that the validit$ o0 the 0orei#n %arria#e bet*een Eao and S$ had not been'roven. 1o su''ort this contention+ Eao clai%ed that the CA should have taken 8udicial noticeo0 the Chinese la*s on %arria#e *hich sho* the validit$ o0 her %arria#e to S$.(SS/"

hether or not the CA should take 8udicial notice o0 0orei#n la*s ?i.e. Chinese la*s on%arria#e@+ thus+ relievin# Eao o0 her dut$ o0 'rovin# the validit$ o0 her %arria#e underChinese la*s.&/L(-G

CO/&1S CA--O1 1A)" J/D(C(AL -O1(C" OF FO&"(G- LAS. /nder thePhili''ine 8uris'rudence+ to establish a valid 0orei#n %arria#e t*o thin#s %ust be 'roven ?9@the e


27/62

0ro% his deceased 'arent. 1he Court o0 A''eals a00ir%ed the decision o0 the trial court+re8ectin# therein his clai% that the trial court erred in takin# co#nizance o0 ". 1hus+ thesaid act b$ the trial court *as i%'ro'er.

(: $ranB 6on Abdon



28/62

Peo*le )s. 9odo(

+-8 SC'A ,7, 1//-

6udicial otice

FAC1S

1his is an auto%atic revie* o0 the decision o0 the &1C in vie* o0 the death sentencei%'osed u'on Dann$ Godo$+ *ho *as char#ed in t*o se'arate in0or%ations *ith ra'e andanother 0or kidna''in# *ith serious ille#al detention.

Co%'lainant Mia 1aha alle#ed that Godo$+ her Ph$sics 1eacher and a %arried %anra'ed her 0irst on Jan. 49+ 9==7 in her cousins boardin# house *herein u'on enterin# the backdoor+ Godo$ 'ointed a kni0e at her. As Godo$ re%oved her 'anties and brou#ht out his 'enisto ra'e her+ a kni0e *as 'ointed at her neck. As such+ she *as not able to resist. 1he ne


29/62

that it is an accusation eas$ to be %ade+ hard to be 'roved+ but harder to be de0ended b$ the'art$ accused+ thou#h innocent b@ the testi%on$ o0 the co%'lainant %ust be scrutinized *ithe+7=4 inclusive o0 the P994+7=9.55 bein# clai%ed as ta< re0undin this 'resent controvers$. 2o*ever+ P( declared in the sa%e 9=:= (1& that the said totalre0undable a%ount o0 P4=>+7=4.55 *ill be a''lied as ta< credit to the succeedin# ta


30/62

(SS/" hether or not the Court %a$ take 8udicial notice o0 the Decision b$ the C1A indecidin# the 'resent case

&/L(-GAS A &/L"+ courts are not authorized to take 8udicial notice o0 the contents o0 the

records o0 other cases+ even *hen such cases have been tried or are 'endin# in the sa%e court+and not*ithstandin# the 0act that both cases %a$ have been heard or are actuall$ 'endin#be0ore the sa%e 8ud#e. e that as it %a$+ Section 4+ &ule 94= 'rovides that courts %a$ take8udicial notice o0 %atters ou#ht to be kno*n to 8ud#es because o0 their 8udicial 0unctions. (nthis case+ the Court notes that a co'$ o0 the Decision in C1A Case -o. 7:=> *as attached tothe Petition 0or &evie* 0iled be0ore this Court. Si#ni0icantl$+ res'ondents do not clai% at allthat the said Decision *as 0raudulent or none


31/62

Ees+ Calu'itans ori#inal ans*er to the co%'laint e


32/62


33/62

Private res'ondents re0uted the alle#ations o0 'etitioner sa$in# that she *as %erel$ a holder6in6trust o0 JA)A shares and onl$ re'resented and continue to re'resent JA)A in the board.JA)A+ o*ned b$ s'ouses Senator Juan Ponce "nrile and Cristina Ponce "nrile+ is one o0 theori#inal stockholders o0r. < s.. 1he res'ondents averred that the real 'art$6in6interest *asJA)A and not 'etitioner. iton# testi0ied at trial that she beca%e the re#istered o*ner o0 ==>

shares o0 stock o0r. < s.a0ter she acuired the% 0ro% JA)A throu#h a deed o0 sale.1heS"C 2earin# Panel dis%issed the derivative suit. 1he S"CEn =ancreversed the decision o0the 2earin# Panel. 1he Court o0 A''eals reversed the decision o0 the S"CEn =ancand heldthat 0ro% the evidence in record+ 'etitioner *as not the o*ner o0 the shares o0 stock in r. asin?ton )s. Tatum

0,8 P.+d 7-5 1/,1'eal and Demonstrati)e %)idence

FAC1Sillia% 1ousin received %onthl$ *el0are checks 0ro% the state o0 ashin#ton. (n

Februar$ o0 9=B5+ 1ousin did not receive his check *hich *as nor%all$ %ailed to hi%. (t *asdiscovered that 1ousins check had been taken b$ &al'h 1atu% *ho subseuentl$ 0or#ed anendorse%ent on the check to his na%e and cashed the sa%e at a 0ood store.

A cri%inal case *as subseuentl$ brou#ht a#ainst 1atu% 0or 0irst de#ree 0or#er$.Durin# the trial+ Caroline Pentecost+ an e%'lo$ee o0 the store+ testi0ied that+ althou#h she couldnot recall the s'eci0ic transaction involvin# 1atu%+ the initials a''earin# on the back o0 the

check *ere hers.She e


39/62

so%e*here else at the %o%ent the 'hoto#ra'h *as taken+ or an$ other such de0ense. ut thesear#u%ents #o to the *ei#ht rather than to the ad%issibilit$ o0 the e


40/62

2. Secon+r9 Eience

SECTION *. )"en ori%inal document is unavailable. Bhen theoriginal document has been lost or destroyed, or cannot be produced

in court, the offeror, upon proof of its execution or existence and thecause of its unavailability ithout bad faith on his part, may prove itscontents by a copy, or by a recital of its contents in some authenticdocument, or by the testimony of itnesses in the order stated. (a)

SECTION . )"en ori%inal document is in adverse party*s custody orcontrol. f the document is in the custody or under the control of theadverse party, he must have reasonable notice to produce it. f aftersuch notice and after satisfactory proof of its existence, he fails toproduce the document, secondary evidence may be presented as inthe case of its loss. (:a)

SECTION :. Evidence admissible #"en ori%inal document is a publicrecord. Bhen the original of a document is in the custody of a publicofficer or is recorded in a public office, its contents may be proved by acertified copy issued by the public officer in custody thereof. (!a)

SECTION 8. arty #"o calls for document not bound to offer it. ( 'party ho calls for the production of a document and inspects thesame is not obliged to offer it as evidence. (4a)

RULE 132, SEC. 2# AND 27

SECTION 2*. )"at attestation of copy must state. Bhenever a copyof a document or record is attested for the purpose of the evidence, theattestation must state, in substance, that the copy is a correct copy ofthe original, or a specific part thereof, as the case may be. Theattestation must be under the official seal of the attesting officer, ifthere be any, or if he be the cler of court having a seal, under the sealof such court. (!4a)

SECTION 2:. ublic record of a private document. 'n authori%edpublic record of a private document may be proved by the originalrecord, or by a copy thereof, attested by the legal custodian of therecord, ith an appropriate certificate that such officer has the custody.(!5a)

ELECTRONIC CO!!ERCE ACT (R.A. 87"2), SEC. #, 5-1#

3C 455364557 "vidence Pro8ect,ol. 9 6 3: 6


41/62

SECTION *.Definition of Terms. +@or the purposes of this 'ct, the folloingterms are defined, as follos=

a. ,Addressee- refers to a person ho is intended by the originator to receivethe electronic data message or electronic document. The term does notinclude a person acting as an intermediary ith respect to that electronic data

message or electronic document.

b. ,Computer- refers to any device or apparatus hich, by electronic, electro#mechanical or magnetic impulse, or by other means, is capable of receiving,recording, transmitting, storing, processing, retrieving, or producinginformation, data, figures, symbols or other modes of ritten expressionaccording to mathematical and logical rules or of performing any one or moreof those functions.

c. ,Electronic Data Messa%e- refers to information generated, sent, receivedor stored by electronic, optical or similar means.

d. ,nformation and Communication System- refers to a system intended forand capable of generating, sending, receiving, storing or otheriseprocessing electronic data messages or electronic documents and includesthe computer system or other similar device by or in hich data is recorded orstored and any procedures related to the recording or storage of electronicdata message or electronic document.

e. ,Electronic Si%nature- refers to any distinctive mar, characteristic andCorsound in electronic form, representing the identity of a person and attached toor logically associated ith the electronic data message or electronicdocument or any methodology or procedures employed or adopted by aperson and executed or adopted by such person ith the intention ofauthenticating or approving an electronic data message or electronicdocument.

f. ,Electronic Document- refers to information or the representation ofinformation, data, figures, symbols or other modes of ritten expression,described or hoever represented, by hich a right is established or anobligation extinguished, or by hich a fact may be proved and affirmed, hichis received, recorded, transmitted, stored, processed, retrieved or producedelectronically.

g. ,Electronic /ey- refers to a secret code hich secures and defends

sensitive information that crosses over public channels into a formdecipherable only ith a matching electronic ey.

h. ,ntermediary- refers to a person ho in behalf of another person and ithrespect to a particular electronic document sends, receives andCor stores orprovides other services in respect of that electronic document.

i. ,&ri%inator-refers to a person by hom, or on hose behalf, the electronicdocument purports to have been created, generated andCor sent. The term

3C 455364557 "vidence Pro8ect,ol. 9 6 3= 6


42/62

does not include a person acting as an intermediary ith respect to thatelectronic document.

j. ,Service rovider-refers to a provider of

(i) 7n#line services or netor access, or the operator of facilities therefore,including entities offering the transmission, routing, or providing ofconnections for online communications, digital or otherise, beteen oramong points specified by a user, of electronic documents of the userDschoosing? or

(ii) The necessary technical means by hich electronic documents of anoriginator may be stored and made accessible to a designated orundesignated third party?

*uch service providers shall have no authority to modify or alter the contentof the electronic data message or electronic document received or to maeany entry therein on behalf of the originator, addressee or any third partyunless specifically authori%ed to do so, and ho shall retain the electronicdocument in accordance ith the specific re&uest or as necessary for thepurpose of performing the services it as engaged to perform.

C/APTER IILEGAL RECOGNITION O# ELECTRONIC !RITING

OR &OCUENT AN& &ATA ESSAGES

SECTION .0e%al Reco%nition of Data Messa%es. # nformation shall not bedenied legal effect, validity or enforceability solely on the grounds that it is inthe data message purporting to give rise to such legal effect, or that it ismerely referred to in that electronic data message.

SECTION :. 0e%al Reco%nition of Electronic Documents. Electronicdocuments shall have the legal effect, validity or enforceability as any otherdocument or legal riting, and #

(a) Bhere the la re&uires a document to be in riting, that re&uirement ismet by an electronic document if the said electronic document maintains itsintegrity and reliability and can be authenticated so as to be usable forsubse&uent reference, in that #(i) The electronic document has remained complete and unaltered, apart fromthe addition of any endorsement and any authori%ed change, or any change

hich arises in the normal course of communication, storage and display?and

(ii) The electronic document is reliable in the light of the purpose for hich itas generated and in the light of all the relevant circumstances.

(b) /aragraph (a) applies hether the re&uirement therein is in the form of anobligation or hether the la simply provides conse&uences for thedocument not being presented or retained in its original form.



43/62

(c) Bhere the la re&uires that a document be presented or retained in itsoriginal form, that re&uirement is met by an electronic document if #

(i) There exists a reliable assurance as to the integrity of the document fromthe time hen it as first generated in its final form? and

(ii) That document is capable of being displayed to the person to hom it is tobe presented= rovided!That no provision of this 'ct shall apply to vary anyand all re&uirements of existing las on formalities re&uired in the executionof documents for their validity.

@or evidentiary purposes, an electronic document shall be the functionale&uivalent of a ritten document under existing las.

This 'ct does not modify any statutory rule relating to the admissibility ofelectronic data messages or electronic documents, except the rules relatingto authentication and best evidence.

SECTION 8. 0e%al Reco%nition of Electronic Si%natures. # 'n electronicsignature on the electronic document shall be e&uivalent to the signature of aperson on a ritten document if that signature is proved by shoing that aprescribed procedure, not alterable by the parties interested in the electronicdocument, existed under hich #

(a) ' method is used to identify the party sought to be bound and to indicatesaid partyDs access to the electronic document necessary for his consent orapproval through the electronic signature?

(b) *aid method is reliable and appropriate for the purpose for hich the

electronic document as generated or communicated, in the light of all thecircumstances, including any relevant agreement?

(c) t is necessary for the party sought to be bound, in order to proceedfurther ith the transaction, to have executed or provided the electronicsignature? and

(d) The other party is authori%ed and enabled to verify the electronicsignature and to mae the decision to proceed ith the transactionauthenticated by the same.

SECTION . resumption Relatin% to Electronic Si%natures. # n any

proceedings involving an electronic signature, it shall be presumed that #(a) The electronic signature is the signature of the person to hom itcorrelates? and

(b) The electronic signature as affixed by that person ith the intention ofsigning or approving the electronic document unless the person relying on theelectronically signed electronic document nos or has notice of defects in orunreliability of the signature or reliance on the electronic signature is notreasonable under the circumstances.



44/62

SECTION 10.&ri%inal Documents.# (1) Bhere the la re&uires informationto be presented or retained in its original form, that re&uirement is met by anelectronic data message or electronic document if=(a) the integrity of the information from the time hen it as first generated inits final form, as an electronic data message or electronic document is shonby evidence aliunde or otherise? and

(b) here it is re&uired that information be presented, that the information iscapable of being displayed to the person to hom it is to be presented.

(!) /aragraph (1) applies hether the re&uirement therein is in the form of anobligation or hether the la simply provides conse&uences for theinformation not being presented or retained in its original form.

(") @or the purposes of subparagraph (a) of paragraph (1)=

(a) the criteria for assessing integrity shall be hether the information hasremained complete and unaltered, apart from the addition of anyendorsement and any change hich arises in the normal course ofcommunication, storage and display? and

(b) the standard of reliability re&uired shall be assessed in the light of thepurpose for hich the information as generated and in the light of allrelevant circumstances.

SECTION 11.Aut"entication of Electronic Data Messa%es and ElectronicDocuments. # ntil the *upreme 6ourt by appropriate rules shall have soprovided, electronic documents, electronic data messages and electronicsignatures, shall be authenticated by demonstrating, substantiating and

validating a claimed identity of a user, device, or another entity in aninformation or communication system, among other ays, as follos=

(a) The electronic signature shall be authenticated by proof that a letter,character, number or other symbol in electronic form representing thepersons named in and attached to or logically associated ith an electronicdata message, electronic document, or that the appropriate methodology orsecurity procedures, hen applicable, ere employed or adopted by a personand executed or adopted by such person, ith the intention of authenticatingor approving an electronic data message or electronic document?

(b) The electronic data message and electronic document shall be

authenticated by proof that an appropriate security procedure, henapplicable as adopted and employed for the purpose of verifying theoriginator of an electronic data message andCor electronic document, ordetecting error or alteration in the communication, content or storage of anelectronic document or electronic data message from a specific point, hich,using algorithm or codes, identifying ords or numbers, encryptions, ansersbac or acnoledgment procedures, or similar security devices.



45/62

The *upreme 6ourt may adopt such other authentication procedures,including the use of electronic notari%ation systems as necessary andadvisable, as ell as the certificate of authentication on printed or hard copiesof the electronic document or electronic data messages by electronicnotaries, service providers and other duly recogni%ed or appointedcertification authorities.

The person seeing to introduce an electronic data message and electronicdocument in any legal proceeding has the burden of proving its authenticityby evidence capable of supporting a finding that the electronic data messageand electronic document is hat the person claims it to be.

n the absence of evidence to the contrary, the integrity of the information andcommunication system in hich an electronic data message or electronicdocument is recorded or stored may be established in any legal proceeding #

(a) y evidence that at all material times the information and communicationsystem or other similar device as operating in a manner that did not affectthe integrity of the electronic data message andCor electronic document, andthere are no other reasonable grounds to doubt the integrity of theinformation and communication system?

(b) y shoing that the electronic data message andCor electronic documentas recorded or stored by a party to the proceedings ho is adverse ininterest to the party using it? or

(c) y shoing that the electronic data message andCor electronic documentas recorded or stored in the usual and ordinary course of business by aperson ho is not a party to the proceedings and ho did not act under thecontrol of the party using the record.

SECTION 12. Admissibility and Evidential )ei%"t of Electronic DataMessa%e and Electronic Documents. # n any legal proceedings, nothing inthe application of the rules on evidence shall deny the admissibility of anelectronic data message or electronic document in evidence #a. 7n the sole ground that it is in electronic form? or

b. 7n the ground that it is not in the standard ritten form and electronic datamessage or electronic document meeting, and complying ith there&uirements under *ections 4 or + hereof shall be the best evidence of theagreement and transaction contained therein.

n assessing the evidential eight of an electronic data message or electronicdocument, the reliability of the manner in hich it as generated, stored orcommunicated, the reliability of the manner in hich its originator asidentified, and other relevant factors shall be given due regard.

SECTION 13. Retention of Electronic Data Messa%e and ElectronicDocument. # otithstanding any provision of la, rule or regulation to thecontrary #



46/62

(a) The re&uirement in any provision of la that certain documents beretained in their original form is satisfied by retaining them in the form of anelectronic data message or electronic document hich

i. 8emains accessible so as to be usable for subse&uent reference?

ii. s retained in the format in hich it as generated, sent or received, or in aformat hich can be demonstrated to accurately represent the electronic datamessage or electronic document generated, sent or received?

iii. Enables the identification of its originator and addressee, as ell as thedetermination of the date and the time it as sent or received.

(b) The re&uirement referred to in paragraph (a) is satisfied by using theservices of a third party, provided that the conditions set forth insubparagraphs (i), (ii) and (iii) of paragraph (a) are met.

SECTION 14.roof 1y Affidavit. # The matters referred to in *ection 1!, onadmissibility and *ection 3, on the presumption of integrity, may be presumedto have been established by an affidavit given to the best of the deponentDsnoledge subject to the rights of parties in interest as defined in thefolloing section.

SECTION 1*.Cross+Examination. # (1) ' deponent of an affidavit referred toin *ection 1 that has been introduced in evidence may be cross#examinedas of right by a party to the proceedings ho is adverse in interest to theparty ho has introduced the affidavit or has caused the affidavit to beintroduced.

(!) 'ny party to the proceedings has the right to cross#examine a personreferred to in *ection 11, paragraph , sub#paragraph c.

RULES ON ELECTRONIC E6IDENCE (REE), RULE 2, SEC. 1 RULE 3 RULE 4.

RULE 2&E#INITION O# TERS AN& CONSTRUCTION

SECTION 1.Definition of Terms. # @or purposes of these 8ules, the folloingterms are defined, as follos=

(a) ,Asymmetric or public cryptosystem- means a system capable of

generating a secure ey pair, consisting of a private ey for creating a digitalsignature, and a public ey for verifying the digital signature.

(b) ,1usiness records- include records of any business, institution,association, profession, occupation, and calling of every ind, hether or notconducted for profit, or for legitimate purposes.



47/62

(c) ,Certificate- means an electronic document issued to support a digitalsignature hich purports to confirm the identity or other significantcharacteristics of the person ho holds a particular ey pair.

(d) ,Computer- refers to any single or interconnected device or apparatus,hich, by electronic, electro#mechanical or magnetic impulse, or by other

means ith the same function, can receive, record, transmit, store, process,correlate, analy%e, project, retrieve andCor produce information, data, text,graphics, figures, voice, video, symbols or other modes of expression orperform any one or more of these functions.

(e) ,Di%ital Si%nature- refers to an electronic signature consisting of atransformation of an electronic document or an electronic data messageusing an asymmetric or public cryptosystem such that a person having theinitial untransformed electronic document and the signerDs public ey canaccurately determine=

(i) hether the transformation as created using the private ey thatcorresponds to the signerDs public ey? and

(ii) hether the initial electronic document had been altered after thetransformation as made.

(f) ,Di%itally si%ned- refers to an electronic document or electronic datamessage bearing a digital signature verified by the public ey listed in acertificate.

(g) ,Electronic data messa%e-refers to information generated, sent, receivedor stored by electronic, optical or similar means.

(h) ,Electronic document- refers to information or the representation ofinformation, data, figures, symbols or other modes of ritten expression,described or hoever represented, by hich a right is established or anobligation extinguished, or by hich a fact may be proved and affirmed, hichis received, recorded, transmitted, stored processed, retrieved or producedelectronically. t includes digitally signed documents and any print#out oroutput, readable by sight or other means, hich accurately reflects theelectronic data message or electronic document. @or purposes of these8ules, the term Felectronic documentG may be used interchangeably ithelectronic data messageG.

(i) ,Electronic 2ey- refers to a secret code hich secures and defendssensitive information that crosses over public channels into a formdecipherable only ith a matching electronic ey.

(j),Electronic si%nature3refers to any distinctive mar, characteristics andCorsound in electronic form. 8epresenting the identity of a person and attachedto or logically associated ith the electronic data message or electronicdocument or any methodology or procedure employed or adopted by aperson and executed or adopted by such person ith the intention of



48/62

authenticating, signing or approving an electronic data message or electronicdocument. @or purposes of these 8ules, an electronic signature includesdigital signatures.

(),Ep"emeral electronic communication- refers to telephone conversations,text messages, chatroom sessions, streaming audio, streaming video, and

other electronic forms of communication the evidence of hich is notrecorded or retained.

(l) ,nformation and Communication System- refers to a system forgenerating, sending, receiving, storing or otherise processing electronicdata messages or electronic documents and includes the computer system orother similar devices by or in hich data are recorded or stored and anyprocedure related to the recording or storage of electronic data message orelectronic document.

(m),/ey air-in an asymmetric cryptosystem refers to the private ey and itsmathematically related public ey such that the latter can verify the digitalsignature that the former creates.

(n) ,rivate /ey- refers to the ey of a ey pair used to create a digitalsignature.

(o) ,ublic /ey- refers to the ey of a ey pair used to verify a digitalsignature.

RULE 3

ELECTRONIC &OCUENTS

SECTION 1.Electronic documents as functional e4uivalent of paper+baseddocuments. Bhenever a rule of evidence refers to the term of riting,document, record, instrument, memorandum or any other form of riting,such term shall be deemed to include an electronic document as defined inthese 8ules.

SEC. 2.Admissibility. 'n electronic document is admissible in evidence if itcomplies ith the rules on admissibility prescribed by the 8ules of 6ourtandrelated las and is authenticated in the manner prescribed by these 8ules.

SEC. 3. rivile%ed communication. The confidential character of aprivileged communications is not solely on the ground that it is in the form of

an electronic document.

RULE 4

$EST EVI&ENCE RULE

SECTION 1.&ri%inal of an electronic document. 'n electronic documentshall be regarded as the e&uivalent of an original document under the estEvidence 8ule if it is a printout or output readable by sight or other means,shon to reflect the data accurately.

3C 455364557 "vidence Pro8ect,ol. 9 6 7B 6
http://www.chanrobles.com/rulesofcourt.htmhttp://www.chanrobles.com/rulesofcourt.htm


49/62

SEC. 2.Copies as e4uivalent of t"e ori%inals. Bhen a document is in to ormore copies executed at or about the same time ith identical contents, or isa counterpart produced by the same impression as the original, or from thesame matrix, or by mechanical or electronic re#recording, or by chemicalreproduction, or by other e&uivalent techni&ues hich is accuratelyreproduces the original, such copies or duplicates shall be regarded as the

e&uivalent of the original.

otithstanding the foregoing, copies or duplicates shall not be admissible tothe same extent as the original if=

(a) a genuine &uestion is raised as to the authenticity of the original? or

(b) in the circumstances it ould be unjust or ine&uitable to admit a copy in

lieu of the original.

CASES:

Air $rance )s. Carrascoso

12 SC'A 1-- 1/,,

est %)idence 'ule

FAC1SCarrascoso+ bou#ht a 0irst class ticket to #o to &o%e. Fro% Manila to an#kok+

'lainti00 traveled in 0irst class but on their sto'6over in an#kok+ the Mana#er o0 the de0endantairline 0orced the 'lainti00 to vacate his seat in order to %ake roo% 0or a H*hite %anI+ *ho+ theMana#er alee#ed+ had a better ri#ht to the seat. A0ter a brie0 co%%otion *herein Carrascoso

said he *ould leave his seat on over his Hdead bod$+I he #ave it u'.1he CF( decided in 0avor o0 Carrascoso + *hile the CA a00ir%ed the decision but

reduced the a*ard 0urther.Durin# the trial+ one 'iece o0 evidence that *as ad%itted *as the alle#ed entr$ b$ the

'urser e%'lo$ed b$ the de0endant and testi0ied to b$ the 'lainti00. 1he alle#ed notebook entr$+read HFirst class 'assen#ers *as 0orced to #o to tourist class a#ainst his *ill and that theca'tain re0used to interveneI. De0endant char#es that such testi%on$ b$ Carrascoso isinco%'etent 0or bein# hearsa$.

(t is clai%ed b$ Air France that such 'iece o0 evidence co%es *ithin the 'roscri'tion o0the est "vidence rule the$ are clai%in# such entr$ could not have been 'roven b$ %eretesti%on$ but b$ 'resentin# the notebook itsel0.

(SS/" hether or not the entr$ in the notebook is inco%'etent as evidence

&/L(-G Ees.1he sub8ect o0 inuir$ is not the entr$ but the ouster incident. 1esti%on$ on the entr$

does not co%e *ithin the est "vidence rule. (t is ad%issible.esides+ 0ro% a readin# o0 the transcri't above %entioned+ *hen the dialo#ue

ha''ened+ the i%'act o0 the startilin# occurrence *as still 0resh and continued to be 0elt. 1he

3C 455364557 "vidence Pro8ect,ol. 9 6 7> 6


50/62

e


51/62

(n 'rosecution 0or 'er8ured testi%on$ #iven be0ore the Senate co%%ittee+ the testi%on$b$ chie0 counsel o0 the senatorial co%%ittee as to *hat *itnesses had s*orn to *as not barredunder the best evidence rule+ and it *as not un0air or 're8udicial to 'er%it transcri't o0testi%on$ #iven be0ore the subco%%ittee to be introduced a0ter chie0 counsel had testi0ied+thou#h counsel testi0ied earl$ in 'rotracted trial and transcri't *as introduced near its close+

since both %ethods o0 'rovin# the 'er8ur$ *ere 'er%issible+ and 'rosecution could 'resent its'roo0 in an$ order it chose.2ere+ there *as no atte%'t to 'rove the contents o0 a *ritin#. 1he issue *as *hat

La%arre had said+ not *hat the transcri't contained. 1he transcri't *as evidence o0 *hat hehad said but it *as not the onl$ ad%issible evidence concernin# it. 1he testi%on$ o0 &o#ers+chie0 counsel to the co%%ittee+ *as euall$ co%'etent and ad%issible *hether #iven be0ore ora0ter the transcri't *as received in evidence. State%ents alle#ed to 'er8uries %a$ be 'roved b$an$ 'erson *ho heard the%+ as *ell as+ b$ the re'orter *ho recorded the% in shorthand.

(: 'a(mond 6ose* Ibon

Peo*le )s. Tan

18- Pil. 1+5+ 1/-/

est %)idence 'ule

FAC1SPacita Gonzales and others *ere char#ed *ith the cri%e o0 0alsi0ication o0 'ublic

docu%ents in their ca'acities as 'ublic o00icials and e%'lo$ees. (t *as alle#ed that the$ have%ade it a''ear that certain relie0 su''lies *ere 'urchased b$ Gonzales 0or distribution tocala%it$ victi%s in such uantities and at such 'rices and 0ro% such business establish%ents or'ersons as are %ade to a''ear in the said 'ublic docu%ents+ *hen in truth and in 0act+ no such

distributions o0 such relie0 and su''lies as valued and su''osedl$ 'urchased b$ said PacitaGonzales in the 'ublic and o00icial docu%ents had ever been %ade.1he 'rosecution 'resented to a *itness a booklet o0 recei'ts containin# blue invoices o0

the Metro Dru# Cor'oration. 1he booklet contained the tri'licate co'ies+ and accordin# to said*itness the ori#inal invoices *ere sent to the Manila o00ice o0 the co%'an$+ the du'licates tothe custo%ers+ so that the tri'licate co'ies re%ained in the booklet. 1he *itness 0urther testi0iedthat in 're'arin# recei'ts+ t*o carbons *ere used bet*een the three sheets+ so that thedu'licates and the tri'licates *ere 0illed out b$ the use o0 the carbons. hile the *itness *astesti0$in#+ the trial court 8ud#e interru'ted and said that the tri'licates are not ad%issible unlessit is 0irst 'roven that the ori#inals *ere lost and cannot be 'roduced.

Another *itness *as 'resented b$ the 'rosecution to testi0$. 1he *itness testi0ied thatthe ori#inal 'ractice o0 kee'in# the ori#inal *hite co'ies no lon#er 'revails as the ori#inals are#iven to the custo%ers. A0ter the cross6e


52/62

hether or not tri'licates 0or%ed b$ the use o0 carbon 'a'ers are ad%issible inevidence *ithout accountin# 0irst 0or the loss o0 the ori#inals.

&/L(-G1he Court said that the ad%issibilit$ o0 du'licates or tri'licates has lon# been a settled

uestion. (t uoted *ith a''roval the o'inion o0 Moran+ a co%%entator on the &ules o0 Court.hen carbon sheets are inserted bet*een t*o or %ore sheets o0 *ritin# 'a'er so that the*ritin# o0 a contract u'on the outside sheet+ includin# the si#nature o0 the 'art$ to be char#edthereb$+ 'roduces a 0acsi%ile u'on the sheets beneath+ such si#nature bein# thus re'roduced b$the sa%e stroke o0 the 'en *hich %ade the sur0ace or e


53/62

1he Court said that to reco#nize Seilers *orks as *ritin#s does not run counter to therules 'reoccu'ation *ith the centralit$ o0 the *ritten *ord in the *orld o0 *ritten le#alrelations. Co%'arin# Seilers dra*in#s *ith Lucas dra*in#s is no di00erent in 'rinci'le thanevaluatin# a contract and the intent behind it. Seilers *orks are H*ritin#sI that a00ect le#alrelations their co'$ri#ht abilit$ attests to that.

A creative literar$ *ork and a 'hoto#ra'h *hose contents are sou#ht to be 'roved areboth covered b$ the best evidence rule. (t *ould be inconsistent to a''l$ the rule to art*ork*hich is literar$ or 'hoto#ra'hic but not to art*ork o0 other 0or%s.

(: %lon Cris C. Culan?en

Peo*le )s. Tando(

1/+ SC'A /2 1//8

est %)idence 'ule

FAC1SOn Ma$ 4>+ 9=:B+ detectives o0 the Makati Police conducted a bu$6bust o'eration at Solchua#aSt.+ aran#a$ Sin#ka%as+ Makati. 1he tar#et area *as a store alon# the said street+ anddetective Sin#a$an *as to 'ose as the bu$er. 2e stood alone near the store *aitin# 0or an$'usher to a''roach. Soon+ three %en a''roached hi%. One o0 the% *as Mario 1ando$ *hosaid HPare+ #usto %o ban# u%iskorI Sin#a$an ans*ered $es. 1he e


54/62

=.S. )s. 9re?orio

17 Pil. -++ 1/18

est %)idence 'ule

FAC1S

(n a case 0iled b$ Pedro Salazar+ as creditor+ a#ainst "ustauio alisto$ 0or the 'a$%ento0 a su% o0 %one$+ 8ud#%ent *as rendered *herein the debtor *as sentenced to 'a$ to the'lainti00 P4>.=4 *ith interest thereon. For the e+ 9=5:. On the 9: tho0 the sa%e %onth+ ernardoGre#orio reuested the de'ut$ sheri00 to e


55/62

therein+ intended to i%'each the honest$+ inte#rit$+ and re'utation o0 Cle%ente Da$rit and o0Mariano -e'o%uceno.

1he 0iscal atte%'ted to 'resent as evidence 0or the 'rosecution co'ies o0 the -ngagumasidcontainin# the libelous articles *ith the innuendo+ another article in the vernacular'ublished in the sa%e *eekl$+ and its translation into S'anish. De0endant Guevarras counsel

ob8ected to this evidence+ *hich ob8ection *as sustained b$ the trial court. 1he 0iscal 0iled a'etition 0or a *rit o0 %anda%us *ith the Su're%e Court to co%'el the lo*er court to ad%it theco'ies o0 the *eekl$ as evidence 0or the 'rosecution. 1he 'etitioner 0iscal contended that thee


56/62

(SS/"S?9@ hether or not the Plainti00s have su00icientl$ 'roven the e


57/62

dire need o0 *ork+ *hich althou#h not adeuatel$ co%'ensated+ *as 're0erable to havin# no*ork at all.

1hus+ u'on the e


58/62

As to the state%ent 'resented b$ 1eves+ SC said that the best evidence on the cost o0the eui'%ent *ould have been the sales invoice instead o0 his %ere oral testi%on$ o0. Also+he should have 'roduced the sales invoice. 1he sa%e is true *ith re#ard to Ja$%es esti%atesas recoverable da%a#es. 1he 'ertinent records o0 the co%'an$ should have been 'roduced inCourt. As to Ma#antes re'ort+ Ja$%e *as not co%'etent to take his 'lace since the state%ent

*as 're'ared b$ Ma#ante and not b$ Ja$%e. More a''ro'riate still+ the docu%ents and recordson *hich the state%ent *as based should have been 'resented as evidence or at least brou#htto the Court 0or e


59/62

ori#inal c.@ satis0actor$ 'roo0 o0 its e


60/62

hether or not the 1C erred in 'reventin# MC( 0ro% 'rovin# e


61/62

FAC1SPetitioners ?all surna%ed De ,era@ and res'ondent Leona ?%arried to Mariano A#uilar@

are the children and heirs o0 the late Marcosa ernabe. Marcosa ernabe o*ned the dis'uted'arcel o0 land. Such 'ro'ert$ *as %ort#a#ed b$ 'etitioners to ordador. hen the %ort#a#ehad %atured+ the res'ondents S'ouses A#uilar redee%ed the 'ro'ert$+ and in turn ernabe sold

the sa%e to the% as evidenced b$ a deed o0 absolute sale. 1hen+ an OC1 *as issued in theirna%e. 1hree $ears later+ the 'etitioners *rote to the res'ondents clai%in# that as children o0ernabe+ the$ *ere co6o*ners o0 the 'ro'ert$ and de%anded 'artition thereo0. 1he 'etitionersalso clai%ed that the res'ondents had resold the 'ro'ert$ to ernabe. Petitioners De ,era0iled a suit 0or reconve$ance o0 the lot. 1he 1C rendered its decision orderin# thereconve$ance o0 the lot. (n rulin# 0or the 'etitioners de ,era+ the 1C ad%itted+ over theob8ection o0 the res'ondents A#uilar+ a Tero< co'$ o0 an alle#ed deed o0 sale e


62/62