Beruflich Dokumente
Kultur Dokumente
Critical
Section 14
Reason
Everybody is presume to be telling the truth while testifying unless evidence is shown to the contrary
Need to let MR D go outside, he can only be allowed to get in after mr andales is finished with his
testimony
Section 16
Doctrine
The witness may testify from such memorandum for the purpose of refreshing his memory respecting a
fact
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
2 requisites
( it need be a formal one, best evidence does not apply, because the memorandum is used as a
stimulus para ma reembmer niya
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:
The memorandum written by him may be utilze as a memory aid to refresh his memory
attyF: mr witness if you will shown with a writing purportedly recorded by you
jomari: yes
the reason : the knowledge or recollection resting on his original personal observations
but having grown hazy through lapse of time, there must be a stimulus. = maka trigger
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
ang imong witness, witness unable to give a correct and accurate testimony
naa man siya nalimtan wheras imo use memorandum his memory will be refresh.
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
Identification of exhibit is different from formal offer, this is not yet offer
Ecample
Andales sits
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
Sec 19
autopsy
Police report
Sec 20
Register of deeds no personal knowledge sa title but it is a public document= prima facie evidence
RULE 132
Section 22
Personal knowledge
Example I am testifying
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