Rule 130 – Rules of Admissibility (Evidence)

Vocabulary flashcards covering key terms and principles on Object, Documentary and Secondary Evidence, the Original Document Rule, authentication, and related concepts under Rule 130 of the Rules on Evidence.

Object (Real) Evidence

Tangible items addressed to any of the court’s senses that are relevant to a fact in issue and may be exhibited, examined or viewed by the court (Sec. 1, Rule 130).

Documentary Evidence

Writings, recordings, photographs or other materials containing letters, words, sounds, numbers, figures, symbols, or their equivalent, offered as proof of their contents (Sec. 2, Rule 130).

Testimonial Evidence

Oral statements (viva voce) of witnesses given in court under oath.

Hierarchy of Evidence

Object evidence ranks highest in trustworthiness, documentary evidence generally prevails over testimonial, and testimonial evidence ranks lowest because it is easiest to fabricate.

Requisites for Admissibility of Object Evidence

(1) Relevant & competent; (2) Authenticated; (3) Identified by a competent witness; (4) Formally offered in evidence.

Authentication (Object/Document)

Proof that the proffered item is what the proponent claims it to be, usually through a sponsoring witness who can identify it.

Competent Witness (for Authentication)

A person with personal knowledge of the object or document who can identify and attest to its genuineness.

Unique Objects

Items with inherent identifying marks (e.g., gun with serial number) that allow easy authentication.

Objects Made Unique

Ordinary items that are given distinctive marks after seizure (e.g., knife initialed by investigator) to aid later identification.

Non-Unique Objects

Items with no distinguishing marks (e.g., drops of blood) that must be made unique or linked by chain of custody for authentication.

Original Document Rule

When the contents of a writing, recording, photograph or record are in issue, only the original is admissible, subject to specified exceptions (Secs. 3-4, Rule 130).

Best Evidence Rule

Former name of the Original Document Rule, changed to avoid confusion.

Duplicate

A counterpart produced by the same impression, matrix, photography, electronic rerecording or similar technique; generally admissible like the original unless authenticity is questioned or admission would be unfair (Sec. 4).

Functional Equivalent

Any computer printout or readable output that accurately reflects stored electronic data, deemed an “original” under the Rules on Electronic Evidence.

Exceptions to Original Document Rule

Lost/destroyed originals; in adverse party’s custody; voluminous documents (summary allowed); public records; not closely related to a controlling issue (Sec. 3).

Secondary Evidence

Evidence other than the original offered to prove its contents after a proper foundation is laid showing the original’s unavailability without bad faith (Sec. 5).

Laying the Predicate

Showing (1) execution/existence of the original, (2) cause of its unavailability, and (3) absence of bad faith, before secondary evidence is admitted.

Summaries (Sec. 7)

Charts, calculations or summaries admissible to prove the general result of voluminous records, provided originals are available for examination by the adverse party.

Certified Copy (Public Record)

A copy issued by the public custodian used to prove the contents of an original public record without removing the original from official custody (Sec. 8).

Multiple Admissibility

A single document may be admitted simultaneously as object evidence (to show existence/condition) and as documentary evidence (to prove contents).

Sponsored Evidence Principle

All object and documentary evidence must be introduced and authenticated through witness testimony; exhibits cannot speak for themselves.

Party Who Calls for Document Not Bound to Offer It

Under Sec. 9, a litigant who compels production and inspects a document need not present it as evidence.

Right Against Self-Incrimination (Object Context)

Protects only against testimonial compulsion; an accused may be compelled to provide fingerprints, DNA, blood samples etc., as these are forms of object evidence (People v. Yatar).