Beruflich Dokumente
Kultur Dokumente
Test for the admissibility of res gestae Sec. 43. Entries in the course of
business. – Entries made at, or near the
The test of admissibility of time of transactions to which they refer,
evidence as part of the res gestae is by a person deceased, or unable to
whether the act, declaration, or testify, who was in a position to know the
exclamation is so intimately interwoven facts therein stated, may be received as
or connected with the principal fact or a prima facie evidence, if such person
event that it characterizes as to be made the entries in his professional
regarded a part of the principal fact or capacity or in the performance of duty
and in the ordinary or regular course of must have been acquired by him
business or duty. personally or through official
information.
1.) That the entries was made by a a) The commercial list is a statement of
public officer or by another person matters of interest to persons engaged
specially enjoined by law to do so; in an occupation;
2.) That it was made by the public
officer in the performance of his b) Such statement is contained in a list,
duties, or such other person in the register, periodical or other published
performance of a duty specially compilation;
enjoined by law; and
3.) That the public officer or the c) Said compilation is published for the
person had sufficient knowledge use of persons engaged in that
of the facts by him stated, which
occupation; and
TESTIMONY OR DEPOSTION AT A
d) It is generally used and relied FORMER PROCEEDING
upon by persons in the same
occupation. (PNOC Shipping and Section 47. Testimony or deposition at a
Transport Co. vs. CA, 297 SCRA 402). former proceeding. — The testimony or
deposition of a witness deceased or
LEARNED TREATISES (Rule 130, unable to testify, given in a former case
Sec. 46) or proceeding, judicial or administrative,
involving the same parties and subject
Section 46. Learned treatises. — A matter, may be given in evidence
published treatise, periodical or against the adverse party who had the
pamphlet on a subject of history, law, opportunity to cross-examine him. (41a)’
science, or art is admissible as tending
to prove the truth of a matter stated Requisites for admissibility
therein if the court takes judicial notice,
or a witness expert in the subject In order to be admissible as an
testifies, that the writer of the statement exception to the hearsay evidence rule,
in the treatise, periodical or pamphlet is this section requires that:
recognized in his profession or calling
as expert in the subject. (40a) 1. The witness is dead or unable to
testify.
Requisites for admissibility:
2. His testimony or deposition was
1. Published treatise, periodical or given in a former case or proceeding,
pamphlet is on a subject of history, law, judicial or administrative, between the
science, or art; and same parties or those representing the
2. Court takes judicial notice of it, or same interest.
3. Witness expert in the subject testifies
3. The former case involved the same
that the writer of the statement in the
subject as that in the present case,
treatise, periodical or pamphlet is although on different causes of action.
recognized in his profession or calling
as expert in the subject 4. The issue testified to by the witness in
the former trial is the same
Learned treatises are now
issue involved in the present case
properly included in this
exception to the hearsay rule. 5. The adverse party had the
opportunity to cross-examine the
RIANO BOOK: witness in the former case.
Histoy books, published findings of
scientists fall within this exception if an Why is the testimony or deposition
expert on the subject testifies to the taken at a former trial or proceeding
admissible?
expertise of the writer or if the court
takes judicial notice of such fact. The reasons for the admissibility of
testimony or deposition taken at a
former trial or proceeding are the a party, when it finds that
necessity for the testimony and its substantial doubt exist regarding
trustworthiness. Inasmuch as the former the ability of the child to perceive,
witness could no longer testify, his remember, communicate,
former testimony is admitted to prevent distinguish truth from falsehood,
failure of justice. or appreciate the duty to tell the
truth in court”. ( Sec. 6).
A party seeking a competency
CHILD WITNESS RULE examination must present proof
RULE ON EXAMINATION OF CHILD of necessity of competency
WITNESS examination. The age of a child
shall not by itself is not a
The Supreme Court, in an en banc sufficient basis for a competency
Resolution adopted the so called-Rule examination.
on Examination of a Child Witness
which became effective on December II. Allows the Court to, motu proprio
15, 2000. The rule applies to child or on motion, appoint certain
witnesses who are victims of crimes, persons to help in the testimony of
accused of a crime, and witnesses to a the child-witness:
crime. It shall apply to criminal
proceedings and non-criminal Guardian Ad Litem- a person to
proceedings involving child witnesses. protect the best interest of the
child whose appointment took
“child witness” is any person who at the into consideration his familiarity
time of giving testimony is below the age with the judicial process, social
of eighteen (18) years. In child abuse service programs, and child
cases, a child includes one over development. The parent if
eighteen (18) years but is found by the preferred, if qualified. Has the
court as unable to fully take care of right to be present in all
himself or protect himself from abuse, proceedings, to obtain copies of
neglect, cruelty, exploitation or documents, interview witnesses,
discrimination because of a physical or make recommendations to the
mental disability or condition. court, and to do all to protect the
child.
Salient Features: Interpreter- one, other than the
regular court interpreter, whom
I. Creates a Presumption of the child can understands and
Competency in favor of a child- who understands the child.
witness subject to a Competency Facilitator- one who poses the
Test. questions to the child who may
be a child psychologist,
“Every child is presumed qualified psychiatrist, social worker,
to be a witness. However the guidance counselor, teacher,
court shall conduct a religious leader, parent or
competency examination o a relative. Counsels shall pose
child moto proprio or on motion of
questions only through the
facilitator.
Support Person- person chosen
by the child to accompany him to
testify at or attend a judicial
proceeding or deposition to
provide emotional support to the
child