EVIDENCE

Means sanctioned by the Rules of

Court (128-133)
Of ascertaining in a judicial
proceeding
The truth (PURPOSE)
Respecting the matter of facts

Classifications of Evidence
(FORM)
Object or Real
Addressed to the senses of the court
Tangible (exhibited or demonstrated)
Examples: knife, gun, shabu
* Demonstrative evidence (photos, graphs, chart)

Documentary
Writings
Examples: Contracts, Birth Certificate

Testimonial
- witness

Admissibility of Evidence
Relevant and Competent
KINDS OF
EVIDENCE

Object
Documentary

Testimonial

REQUISITES OF ADMISSIBILITY

1. Relevant tending to prove/disprove any

matter
Material issue or not an issue
2. Competent not excluded by law (fruits
of a poisonous tree)
3. Authenticated by competent witness
4. Offered in evidence
1. Relevant
2. Material
3. Competent qualifications of the
witness
a. He can perceive
b. He can make known his perception to
others
c. Make an oath or affirmation (perjury)
d. Not excluded by law to testify

CATEGORIES OF OBJECT
EVIDENCE
1. Unique Objects
- with readily identifiable marks
Example: Car with plate number, gun with serial number
2. Objects made unique
- no unique characteristics, but it is made unique by
placing identifiable marks
Example: Knife with fingerprint, marked money
3. Non-unique objects
- not readily identifiable, cannot be made identifiable by
marks
Example: blood stain, drugs in powder form
* establishment of CHAIN OF CUSTODY

Chain of Custody
The links of the chain are people who
actually handled or had custody of
the object
Each link must show how he
1. RECEIVED the object
2. HANDLED the object to prevent
substitution
3. TRANSFERRED to another

PRESUMPTION OF REGULARITY

Assignment
Authentication (Rule 132)
Process of Authentication
Public document vs. Private
Document
Genuineness and Due Execution

Testimonial Evidence
Oral evidence
From the mouth of a witness
Viva voce living voice

Factors not affecting

COMPETENCY

Religious belief
Political belief
Interest in the outcome of the case
Conviction of a crime
Exceptions: perjury, falsification of
document and crimes involving moral
turpitude

DISQUALIFICATION OF
WITNESS
1. Mental Incapacity
2. Immaturity
3. Spousal Immunity (Marital Disqualification) Mercado
4. Survivorship (Dead Mans Statute) De Silva
5. Privileged communications
a.
b.
c.
d.
e.

Marital privileged communication - Mercado

Attorney-client privilege - Gonzales
Physician-patient privilege - Gonzales
Communications to public officers - Lalamunan
Parental and filial privilege - Lalamunan

DISQUALIFICATION OF
WITNESS
1. Mental Incapacity
a. Incapable of making known his perception
b. Incapacity must exist at the time of production
for examination (witnessing at court)

2. Immaturity
a. Incapable of perceiving
b. Incapable of making known his perception
truthfully
. CHILD WITNESS (below 18) presumption of
maturity; competency examination