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Rule 130 – Rules of Admissibility (Evidence)

Rule 130 – Rules of Admissibility (General Orientation)

  • Covers admissibility rules regarding the form of evidence rather than its weight or sufficiency.
  • Three overarching classes addressed in Rule 130:
    • Object / Real Evidence – Sec. 1.
    • Documentary Evidence – Secs. 2–20.
    • Testimonial (Viva Voce) Evidence – Secs. 21–54 (not covered in the supplied transcript but kept in mind for context).

Hierarchy of Evidence

  • Object (real) evidence
    • Regarded as a “mute, but eloquent manifestation of truth.”
    • Ranks highest in credibility; an object "speaks more eloquently than a hundred witnesses."
  • Documentary evidence
    • Generally prevails over testimonial evidence because writings are harder to fabricate than recollections.
  • Testimonial evidence
    • Most susceptible to fabrication/misrecollection.

Object (Real) Evidence

(Sections cite Rule 130, Sec. 1 unless otherwise noted.)

Nature

  • Tangible, physical items perceived by any of the court’s senses (sight, hearing, smell, taste, touch).
  • May be exhibited, examined, or viewed when relevant to a fact in issue.
  • Encompasses: items directly involved in the event, results of scientific tests, and even a person’s physical appearance when material.

Illustrative Examples

  1. Weapons used in a crime (e.g., bloody knife, pistol).
  2. Biological samples & resulting tests (e.g., DNA profiles, paraffin results).
  3. Demonstrations / experiments performed in court.
  4. Representative portrayals (maps, diagrams, models).
  5. A writing only to prove existence/condition, not contents (e.g., to show a contract is charred).
  6. A party’s physical appearance to compare resemblance (e.g., rape-paternity scenario).

Requisites for Admissibility

  1. Relevance & Competency (object must not be excluded by Constitution/statute).
  2. Authentication – show object is the very item involved.
  3. Competent Sponsoring Witness – someone with personal knowledge identifies the object.
  4. Formal Offer – object must be marked, offered, and shown to the opposing party.

1. Relevance & Competency

  • Object must logically relate to fact in issue.
  • If expressly excluded (e.g., privileged or illegally obtained) → inadmissible.
Example on Relevance: Physical Resemblance in Criminal Paternity
  • Child’s strong likeness to accused in a rape-resulting-in-offspring case may be inspected by the court as circumstantial corroboration.

2 & 3. Authentication Principles

  • All object & documentary exhibits require a sponsoring witness.
  • Authentication prevents substitution/alteration & confirms unchanged condition.
  • Two-step showing:
    1. The object is what the proponent claims.
    2. No material change occurred from seizure to presentation (chain of custody).
Chain-of-Custody Example (RA 9165 – Dangerous Drugs Act)
  • Penalty depends on drug quantity.
  • If 2\,\text{kg} suddenly appears at trial when only a sachet was seized, authenticity collapses & accused’s rights are violated.

Right Against Self-Incrimination & Physical Evidence (People v. Yatar, G.R. No. 150224, 19 May 2004)

  • Compulsion pertains only to testimonial communications.
  • Fingerprinting, photographing, paraffin, blood, DNA extraction = permissible; no testimonial compulsion.

Specific Objects: Photographs (Sison v. People, G.R. Nos. 108280-83, 16 Nov 1995)

  • Prima facie accuracy may be proved by:
    1. Photographer, or
    2. Any witness familiar with depicted scene/persons who can attest to correctness.
  • Court admitted photos of a mauling even though photographer absent; victim’s companions confirmed accuracy.

Specific Objects: Tape / Audio Recordings

Foundation requirements (7-point test):

  1. Recording device capable.
  2. Operator competent.
  3. Authenticity/correctness proven.
  4. No changes, deletions, or alterations.
  5. Proper preservation manner shown.
  6. Speakers identified.
  7. Statements voluntary & un-induced.

Categories for Authentication

  1. Unique objects – inherent identifiers (serial-numbered gun).
  2. Objects made unique – tagged/marked after seizure (scratched initials on bolo).
  3. Non-unique objects – no identifiers (drops of blood); must be made unique (sealed, labeled, documented chain).

Documentary Evidence

(Sec. 2, Rule 130)

Definition & Scope

  • “Documents” ≙ writings, recordings, photographs, or any material containing letters, words, sounds, numbers, figures, symbols, or their equivalents offered as proof of their contents.
  • "Photographs" include still images, drawings, stored images, X-rays, motion pictures, videos.

Five Categories

  1. Writings.
  2. Recordings.
  3. Photographs.
  4. Materials containing letters/words/sounds/numbers/figures/symbols.
  5. Other modes of written expression.

Offered as Proof of Contents

  • A material becomes documentary evidence only if offered to prove what it says.
  • If offered merely to show existence/condition, it is object evidence.

Multiple Admissibility of Private Documents

  • Same paper may be:
    • Object evidence (to show existence/condition).
    • Documentary evidence (to prove textual contents).

Requisites for Admissibility

  1. Relevance.
  2. Authentication by competent witness per Rules.
  3. Identification & marking of exhibit.
  4. Formal offer; shown to opponent for possible objection.

Original Document Rule (formerly “Best Evidence Rule”)

Statutory Text (Sec. 3 & 4)

  • When contents are in issue, only the original is admissible, unless within enumerated exceptions.

What Counts as an “Original”

  1. Document itself or counterpart intended to have same effect by its issuer.
  2. For photographs – negative or any print.
  3. For electronic data – any accurate printout/readable output (“functional equivalent” under E-Evidence rules).

Duplicate Documents

  • Created by same impression, same matrix, photography, mechanical/electronic re-recording, chemical reproduction, or equivalent accurate technique.
  • Admissible as the original unless:
    1. Authenticity of original genuinely questioned; or
    2. Circumstances render admission of duplicate unjust/inequitable.

When the Rule Applies

  • The court’s inquiry is exact words/data in the writing/record.
  • Purpose: avoid fraud/mistake, ensure textual precision where wording controls rights.

Enumerated Exceptions (acronym Lo-Cus-Ju-N-Pu-C)

  1. Original Lost, destroyed, or unavailable without bad faith.
  2. Original in adverse party’s Custody/control; unproduced after notice or beyond reach of local process.
  3. Original consists of Numerous accounts; only general result sought.
  4. Original is a Public record in public custody.
  5. Original not closely related to a Controlling issue.

Other discretionary dispensations:

  1. Opponent does not dispute contents.
  2. Court sees no useful purpose in producing original.

Consequence When Rule Not Applicable

  • Secondary evidence becomes admissible if unopposed.

Secondary Evidence (Sec. 5)

Definition

  • Any evidentiary mode other than the original to prove document contents once proper foundation laid.

Three-fold Predicate (E-C-U)

  1. Execution or existence of original proved.
  2. Cause of unavailability shown.
  3. Unavailability not due to bad faith of proponent.

Additional Doctrines

  • If multiple originals exist, all must be unavailable.
  • Non-production without excuse ⇒ presumption of suppression (De Vera v. Aguilar).

Original in Adverse Party’s Custody (Sec. 6)

  • Requirements:
    • Reasonable notice to produce.
    • Proof of existence/relevance.
  • Failure to produce ⇒ proponent may introduce secondary evidence (treated as if lost).
  • Notice formality flexible; oral demand in open court suffices if fair.

Summaries of Voluminous Originals (Sec. 7)

  • Allowed when:
    1. Underlying documents voluminous.
    2. Item-by-item review causes great loss of time.
    3. Fact to prove is general result.
  • Presentation forms: chart, summary, calculation.
  • Originals must be available for examination/copying; court may compel production.
  • Proponent must prove underlying documents themselves admissible & original.

Public Records (Sec. 8)

  • Contents proved by certified copy from custodian.
  • Rationale: Public documents usually irremovable; certification suffices.

Party Calling for Document Not Bound to Offer It (Sec. 9)

Rule & Purpose

  • A party who compels production & inspects a document need not introduce it.
  • Encourages discovery/transparency; prevents forced endorsement of unfavorable/irrelevant material.

Humorous Illustration

  • Falsification case vs. BJMP employee.
  • Defense inspects original travel order w/ handwritten joke “Oy Ana! Pa-burger muna….”
  • After seeing it actually undermines their theory, defense may decline to offer it; inspection alone creates no waiver.

Key Case Citations (for quick recall)

  • People v. Yatar, G.R. No. 150224 ( 19 May 2004) – self-incrimination & physical evidence.
  • Sison v. People, G.R. Nos. 108280-83 ( 16 Nov 1995) – authentication of photographs.
  • Country Bankers Ins. Corp. v. Lagman, G.R. No. 165487 ( 13 Jul 2011) – laying predicate for secondary evidence.
  • De Vera v. Aguilar, G.R. No. 83377 ( 9 Feb 1993) – presumption of suppression.

Practical & Ethical Implications

  • Strict authentication prevents evidence tampering & protects accused’s constitutional rights.
  • Chain-of-custody in drug cases under RA 9165 is pivotal to avoid wrongful convictions.
  • Original-document ideology balances efficiency with accuracy; exceptions accommodate loss, hostility, or logistical impossibility.
  • “Call-but-don’t-offer” rule guards against tactical coercion and promotes candid document exchange.

Connections & Real-World Relevance

  • Electronic age ⇨ printouts treated as originals; compliance with Rules on Electronic Evidence mandatory.
  • Digital photographs & CCTV footage follow same authentication matrix (accuracy + sponsoring witness).
  • Increasing reliance on forensic science (DNA, ballistics) heightens importance of object-evidence protocols.
  • Corporate & tax litigation often invoke summary-of-voluminous-records rule to streamline trials.

These bullet-point notes comprehensively encapsulate all concepts, requisites, examples, statutory provisions, and landmark cases discussed in the transcript, formatted for direct study without further reference to the original material.