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Failure to impeach at the time the witness is offered , is deemed a waiver

Critical

Why because the court may consider the evidence

Section 14

Take note here because its not party

The section 14 deals with ordinary witness

Reason

Everybody is presume to be telling the truth while testifying unless evidence is shown to the contrary

The section 15 deals with exclusion and inclusion of witnesses

Supposed on Monday I have witnesses in line, so nag andam ko 2

Andales as first witness then mr D is second

Need to let MR D go outside, he can only be allowed to get in after mr andales is finished with his
testimony

The other witness can hear that’s why excluded

Section 16

Doctrine of memory revived

Doctrine

The witness may testify from such memorandum for the purpose of refreshing his memory respecting a
fact

As far as the first situation is concerned

The evidence is the testimony, actually ang iya mismo gi sulti maoy evidence, what happen for example,
but unsa gamit sa memorandum

As time passes memory is fleeting, so pwede ka mu testify, something that will trigger him as to what
happen, stimulus, a memory aid

Mga key word


Refresh his memory

2 requisites

1. Anything written or recorded by himself or under his direction

( it need be a formal one, best evidence does not apply, because the memorandum is used as a
stimulus para ma reembmer niya

attyF: If you will shown a writing can you define?

What did you if any?

Pwede pud at the time nag meet na ang stenographer, like minutes sa secretary, or na record .

Anything recorded by himself or recollectin at the time the fact occurred = dapat at that time

Example: written , these are the points discussed during the meeting

Before you proceed further let the other party examine it.

Take note:

Because he has the right to cross examine the writing

The memorandum written by him may be utilze as a memory aid to refresh his memory

Second part, the writing , the memorandum itself is the evidence

But such evidence must be received in caution= safety net

Why provide: the witness no longer recall the facts

Completely wala an siya na remember


First part is a memory aid

While second part wala jud siya ka remember

That’s why the memorandum is the evidence itself.

attyF: mr witness if you will shown with a writing purportedly recorded by you

can you identiy such memorandy as one in your hand writing

jomari: yes

the reason : the knowledge or recollection resting on his original personal observations

jomari here is a party to the action

but having grown hazy through lapse of time, there must be a stimulus. = maka trigger

now the advantages and disadvantages

what is the advantage of allowing such memorandum

mao ni ang ma hitabo, when a witness refer to a memorandum, as far as the maner to testify is
concern nawala na ang quick answer

ang tendency in the natural order of tings, maka think siya naa itme, so mawala ang quick answer

what about the disadvanatae of disallowing:

ang imong witness, witness unable to give a correct and accurate testimony

and complete testimony

naa man siya nalimtan wheras imo use memorandum his memory will be refresh.

Revival of present memory

Revival of past recollection


Section 17

Ledger , only talking about a particular entry gi introduce, I can inquire about sa entire log book
after all naa diay ngadto entries nag correct

Penalty clause: written below= need to see whole contract

Check this during DA or CE

Identification of exhibit is different from formal offer, this is not yet offer

Ecample

Andales sits

The subject matter of the case

Is breach of contract

Class this is not yet offer he is merely identifying the contract, and ofcourse as part of the testimony

Aside as identifying it you have to offer it as evidence, documentary evidence must be formally
offered

And then you have objection by the other party second par of section 35 because section 34 is
instructivne

Section 18

Lain palang gipakita

Mr andales im showing to you this document as contract of lease for example

Right then and there pwede ma exldude

Normally ang attach sa record is usually a photocopy

The original is preserved

Pwede na dili original


As long naa other manifestations sa other counsel that the copy is faithfyl repreodution of the
origanl

Section 31be excluded alteredyou move to strike out the ja

What is the effec

Not mark as exhibit

But take note if situation 1 or situation 2, ang

1 is dili mark as exhibit because just memory aid unlike 2

Less is more, 2 authors per subject matter.

Dumaguete , apo island

Sec 19

a. Example doctrine processual presumptions

Public documents example birth certificate

Baptismal are not public

Needs to authenticated by the one who prepared the baptismal certificate

Medico legal reports

autopsy

But you have the present the persons who made it

Police report
Sec 20

Unlike sa public document

Register of deeds no personal knowledge sa title but it is a public document= prima facie evidence

Notary public= witness my hand and seal mao ni imong

RULE 130 section 50

The court is not bound by the handwriting of the expert ,

May not shall

RULE 132

Section 22

Belief is not enough

Personal knowledge

Before the evidence is formally offered it must be first identified in court

Example I am testifying

And thirdy is my examining counsel

Ipa kita na nako thirdy if ako na testify

Do you recall having been executed or written

I lay the basis for the introduction fof this private document

Court will ask , what is this, I don’t even know, nada, it is just a mere scrap of paper

You identify in court and you formally introduce after presentation of evidence
Example the person who wrote the private writing is already of advanced age, so the secretary can
testify that mao na iya handwriting

Because he has seen the person write

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