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Module 4: Rules 130: Rules of Admissibility (Part I)

Topic: Rule 130: Rules of Admissibility (Part I)

Welcome Notes:

WELCOME CRIMINOLOGY STUDENTS

I. INTRODUCTION:
This module introduces the discussion on Rule 130: Rules of Admissibility (Part I). This includes the
following: Object (real) evidence, documentary evidence, best evidence rules and secondary evidence.

II. OBJECTIVES:
At the end of this module, you should be able to:
1. Identify the meaning of object as evidence
2. Determine the documentary evidence and best evidence rule on given scenarios
3. Explain when should the best evidence rule apply

III. PRELIMINARY ACTIVITY

Before you proceed to the main lesson, test yourself in this activity.

Direction/Instruction: Describe the picture by completing the missing word.

The photo below shown D o _ u m _ _ t s

Source: http://www.nividous.com

GREAT!!!

You may now proceed to the main lesson.

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Module 4: Rules 130: Rules of Admissibility (Part I)

IV. LESSON PROPER

LET’S BEGIN!

Based on the preliminary activities, what did you notice about it?
_______________________________________________
CONGRATULATIONS!
You may now proceed to the lesson.
RULES OF ADMISSIBILITY (Part I)

"The most savage controversies are about those matters as to which there is no good evidence either
way." ---Bertrand Russell, An Outline of Intellectual Rubbish

As a reminder, the law of evidence is "the system of rules and standards by which the admission of proof at
the trial of a lawsuit is regulated." (McCormick on Evidence 21[Third Edition], p. 1)

A. OBJECT (REAL) EVIDENCE

Section 1. Object as evidence

 These are those addressed directly to the senses of the court without the interaction of a witness (as
by actual sight, hearing, taste, smell or touch) such as the firearm used in the commission of a crime.
 When an object is relevant to the fact in issue, it may be exhibited to, examined or viewed by the court.
(Rule 130, Sec. 1)

Examples of object evidence:

(1) Photographs, (5) Maps,
(2) Motion Pictures, (6) Results of paraffin tests,
(3) Videotapes, (7) Results of DNA tests, and
(4) Charts and graphs, (8) Results of other chemical tests.

NOTES: Other names for real evidence: (1) Object evidence, (2) Demonstrative evidence, and (3) Autoptic
proference.

 Physical evidence is a mute but eloquent manifestation of truth and rates highly in the hierarchy of
trustworthy evidence. (Rabanal v. People, 483 SCRA 601)
 Ocular inspection rests within the sound discretion of the court. (Vide: People v. Bauriel, 275 SCRA
472)
 When a document is presented to prove its existence or condition (not its contents), it is offered not as
documentary, but as real evidence. (Citibank, N.A. v. Sabeniano, 504 SCRA 378)
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Module 4: Rules 130: Rules of Admissibility (Part I)

 Photographs are admissible in evidence in motor vehicle accident cases when they appear to have
been accurately taken and one proved to be faithful and clear representation of the subject.
(Macalinao v. Ong, 477 SCRA 740)
 Thumbmarks never lie. (People v. Abatayo, 87 Phil 794)

Forensic Evidence
 It is "evidence obtained by scientific methods such as ballistics, blood test, and DNA test and used in
court. Forensic evidence often helps to establish the guilt or innocence of possible suspects."
(Definitions.USlegal.com/f/forensic/last visited March 3, 2016) Materials which are routinely examined
by forensic science laboratories include paint, glass, soil, hair, fibers, firearm residues and footprint
samples. (Yu, Rules and Principles of Evidence, p. 98)

Ballistics Evidence
 It is "the area of Forensic Science that deals with firearms; how they are used, why they are used and
why they are used frequently in the practice of murder... Ballistics is a very important part of the world
of Forensic Science and much of its evidence is used in criminal proceedings." (Ibid., p. 116, citing
Jack Claridge, Ballistics: The Use and Study of Firearms, Explore Forensics)
Ballistic test
 It is a test used for determining the motion of projectiles (such as bullets) in flight.
NOTE: It is not necessary where there is eyewitness testimony on the kind of firearm used. |People v.
Yarcia, 125 SCRA 173|)

Blood Test
 There is now almost universal scientific agreement that blood grouping tests are conclusive as to non-
paternity, although inconclusive as to paternity. (See Jao v. CA, 152 SCRA 359)
 In one case (US v. Jakobetz, 747 F. Supp. 250, 113 S. Ct. 104 [1992]), the US Supreme Court held
that DNA profiling is admissible as evidence in criminal trials.

Thumbmarks or Fingerprints
 Fingerprints are "ink impressions of fingertips taken for purposes of identification." Expert testimony as
to the identity of thumbmarks or fingerprints is admissible. (Dolar v. Diancin, 55 Phil. 479) "Despite all
modern advances in forensic science, fingerprints still remain as the only unique method of
identification... While the principle that no two people can have the same fingerprints cannot be
scientifically validated, fingerprint evidence is generally considered to be highly reliable.." (Yu, Rules
and Principles of Evidence, p. 109)
 Fingerprints are made up of a series of whorls, loops, ridges and arch formations. Identified at crime
scenes, they fall into three categories, namely:
(1) Patent [those that are clearly visible to the naked eye],
(2) Latent [those that are not visible to the naked eye but are visible under certain conditions]; and
(3) Impressed [those that have been made in soft material or tissue by pressing down with the
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Module 4: Rules 130: Rules of Admissibility (Part I)

finger or hand]. (Ibid., p. 110)

Paraffin Test
 It was held that the fact that no gunpowder residue or nitrates were found on the hands of a person is
not conclusive that he did not fire a gun. (People v. Pascual, L-29893, February 23, 1978, 74 OG 26) It
was further held that a negative finding will result if the person who fired a gun covered his hands with
gloves or cloth, or he washed his hands with nitrate solution.

Polygraph Test (Lie Detector Test)

 Polygraph is "an electromechanical instrument that measures and records certain physiologic changes
that it is believed are involuntarily caused by the subject's conscious attempts to deceive the
questioner." (Gifis, Dictionary of Legal Terms, p. 430)
 "The theory behind a polygraph or lie detector is that a person who lies deliberately will have a rising
blood pressure and a subconscious block in breathing, which will be recorded on the polygraph."
 In People v. Daniel (86 SCRA 511 [1978]), it was held that much faith and credit should not be vested
upon a lie detector test as it is not conclusive. Results of lie detector test are not conclusive and
necessarily credible. Its efficacy depends upon the time, place and circumstances when taken and the
nature of the subject. (Ibid.; see also People v. Adoviso, 309 SCRA 1)

 Under Section 1 of the Rule on DNA Evidence (A.M. No. 06-11-5-SC), the same Rule shall apply
"whenever DNA evidence, as defined in Section 3, hereof, is offered, used, or proposed to be offered
or used as evidence in all criminal and civil actions as well as special proceedings."

DNA (deoxyribonucleic acid)

 It is "the chain of molecules found in every nucleated cell of the body." (Sec. 3 [b], Rule on DNA
Evidence) DNA evidence "constitutes the totality of the DNA profiles, results and other genetic
information directly generated from DNA testing of biological samples. (Sec. 3 [c] Rule on DNA
Evidence)
 It was held that in assessing the probative value of DNA evidence, courts shall consider, inter alia
(Latin: among other things), the following factors: how the samples were collected, how they were
labeled, the possibility of contamination of the samples, the procedure followed in analyzing the
samples whether the proper standards and procedures were followed in conducting the tests, and the
qualification of the analyst who conducted the tests. (People v. Pascual, 576 SCRA 242 [2009])

B. DOCUMENTARY EVIDENCE

Section 2. Documentary Evidence

 Documents as evidence consist of writing or any material containing letters, words, numbers, figures,
symbols or other modes of written expressions offered as proof of their contents. (Rule 130, Sec. 2)
 Documentary evidence refers to writings or any material offered as proof of their contents.
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Module 4: Rules 130: Rules of Admissibility (Part I)

Document
 A document is a deed, instrument or other duly authorized paper by which something is proved,
evidenced or set forth. (See Bermejo v. Burios, 31 SCRA 764; US v. Orera, 11 Phil. 597) As used in
the Revised Penal Code, a document is any written statement by which a right is established or an
obligation extinguished. (People v. Moreno, 38 OG 120)

NOTES: Under Section 1, Rule 1 of the Rules on Electronic Evidence (A.M. No. 01-7-01-SC), the same
Rules (unless otherwise provided therein) apply whenever an "electronic document" or "electronic data
message" (as defined in Rule 2 thereof is offered or used in evidence. And said Rules apply to all civil
actions, quasi-judicial proceedings and administrative cases. (See Sec. 2, Rule 1) They do not apply to
criminal cases. (See Rustan Ang Y Pascua v. The Hon. Court of Appeals and Irish Sagud, G.R. No.
182835, April 20, 2010)

 The interpretation of the Rules on Electronic Evidence shall also take into consideration the
international origin of RA. No. 8792, otherwise known as the Electronic Commerce Act. (Rule 2, Sec. 2)
 In all matters not specifically covered by the Rules on Electronic Evidence, the Rules of Court and
pertinent provisions of statutes containing rules on evidence shall apply. (Rule 1, Sec. 3)

Examples of electronic documents are emails, recorded or saved text messages, and computer-
generated documents.
An electronic document
 It is a functional equivalent of a paper-based document. (Rule 3, Sec. 1, Rules on Electronic Evidence)
"Ephemeral electronic communication" refers to telephone conversations, text messages, chatroom
sessions, streaming audio, streaming video, and other electronic forms of communication the evidence
of which is not recorded or retained. (Rule 2, Se. 1 [k])
 Facsimile transmission is not the functional equivalent of an original under the Best Evidence Rule and
is not admissible as electronic evidence. (MCC Industrial Sales Corp. v. Sangyon Corp., 536 SCRA
405)

1. THE BEST EVIDENCE RULE

The Rule is also called "Original Writing Rule or Original Document Rule" or "Primary Evidence Rule" or
"First Hand Evidence Rule".
 The Best Evidence Rule means that the original of a document or writing is the best evidence of such
document or writing and must be produced---unless the original is lost, destroyed, unavailable or
otherwise unobtainable.
 The best evidence rule is the rule which requires the highest grade of evidence to prove a disputed
fact. However, the same applies only when the contents of a document are the subject of the inquiry.
(Nissan v. United Phil. Scout, 618 SCRA 584 [2010])
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Module 4: Rules 130: Rules of Admissibility (Part I)

Section 3. Original document must be produced; exceptions.-

 When the subject of inquiry is the contents of a document, no evidence shall be admissible other than
the original document itself. (Rule 130, Sec. 3) Note the phrase when the subject of inquiry is the
contents of a document." Best evidence rule is not applicable if the issue is the existence of the
document.

Exceptions---
(a) When the original has been lost or destroyed, or cannot be produced in court, without bad faith
on the part of the offeror;
(b) When the original is in the custody or under the control of the party against whom the evidence
is offered, and the latter fails to produce it after reasonable notice;
(c) When the original consists of numerous accounts or other documents which cannot be
examined in court without great loss of time and the fact sought to be established from them is only
the general result of the whole; and
(d) When the original is a public record in the custody of a public officer or is recorded in a public
office.

NOTES: The best evidence rule applies only to documentary evidence. Applied to documentary evidence, it
operates as a rule of exclusion, that is, secondary evidence cannot be inceptively introduced as the original
writing itself must be produced in court, except in the four instances mentioned in Sec. 3 of Rule 130 of the
Rules of Court.

 The non-production of the original document, unless justified, gives rise to the presumption of
suppression of evidence (Vallarta v. Court of Appeals, 150 SCRA 336).
 Documents in the nature of an admission against interest are the best evidence which affords the
greatest certainty of the facts in dispute. (Heirs of Bernardo Ulep v. Ducat, 577 SCRA 6)
 The marriage contract still remains the best evidence to prove the fact of marriage. (People v. Abello,
582 SCRA 378

Section 4. Original of Document

Original of document (Rule 130, Sec. 4)-
(a) The original of the document is one the contents of which are the subject of inquiry.
(b) When a document is in two or more copies executed at or about the same time, with identical
contents, all such copies are equally regarded as originals.
(c) When an entry is repeated in the regular course of business, one being copied from another at
or near the time of the transaction, all the entries are likewise equally regarded as originals.

NOTES: A signed carbon copy or duplicate of a document executed at the time as the original is known as
a duplicate original and may be introduced in evidence without accounting for the non-production of the
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Module 4: Rules 130: Rules of Admissibility (Part I)

original. (See Vallarta v. CA, 163 SCRA 587)

 Mere photocopies of documents are inadmissible pursuant to the best evidence rule. (Heirs of Severa
P. Gregorio v. CA, 300 SCRA 565)
 Pleadings filed via fax machines are not considered originals and are at best exact copies. (Heirs of
Lourdes Saez Sabarpan v. Comorposa, 408 SCRA 692)

2. SECONDARY EVIDENCE

Section 5. When original document is unavailable

 When the original document has been lost or destroyed, or cannot be produced in court, the offeror,
upon proof of its execution or existence and the cause of its prove unavailability without bad faith on
his part, may prove its contents by a copy,or by a recital of its contents in some authentic document, or
by the testimony of witnesses in the order stated. (Rule 130, Sec. 5)

NOTES: Secondary evidence (also called "substitutionary evidence" or "inferior evidence"), when not
objected to when presented, becomes primary evidence. (Heirs of Teodoro dela Cruz v. CA, 298 SCRA
172)

Prior to the introduction of secondary evidence, the proponent must establish the former existence of the
instrument. The correct order of proof is as follows:
(1) existence; (2) execution; (3) loss; and (4) contents.

This order may be changed if necessary in the discretion of the court. (Lazatin v. Campos, Jr., 92 SCRA
250; see also MCMP Construction Corp. v. Monark Equipment Corp., G.R. No. 201001, November 10,
2014)

Section 6. When Original Document is In Adverse Party's Custody or Control

 If the document is in the custody or under the control of adverse party, he must have reasonable
notice to produce it. If after such notice and after satisfactory proof of its existence, he fails to produce
the document, secondary evidence may be presented as in the case of its loss. (Rule 130, Sec. 6)

Section 7. Evidence Admissible When Original Document is a Public Record

 When the original of document is in the custody of public officer or is recorded in a public office, its
contents may be proved by a certified copy issued by the public officer in custody thereof. (Rule 130,
Sec. 7)

Section 8. Party Who Calls for Document Not Bound to Offer It

 A party who calls for the production of a document and inspects the same is not obliged to offer it as
evidence. (Rule 130, Sec. 8)
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Module 4: Rules 130: Rules of Admissibility (Part I)

We had just finished the discussion on Rule 130: Rules of Admissibility

(PartI). Let’s move on to the next higher level of activity/ies or exercise/s that
demonstrate your potential skills/knowledge of what you have learned.

V. ANALYSIS, APPLICATION AND EXPLORATION

Activity 1
Name: _______________________________________ Course & Section: __________________
Direction: Match column A with Column B.

ANSWER COLUMN A COLUMN B

1. It is an electromechanical instrument that A. DNA
measures and records certain physiologic
changes that it is believed are involuntarily
caused by the subject's conscious attempts to
deceive the questioner.
2. It refers to the ink impressions of fingertips B. Forensic Evidence
taken for purposes of identification.
3. It is a test used for determining the motion C. Ballistic Test
of projectiles (such as bullets) in flight.
4. It is an evidence obtained by scientific D. Fingerprint
methods such as ballistics, blood test, and
DNA test and used in court.
5. It is the chain of molecules found in every E. Polygraph
nucleated cell of the body.

Activity 2
Direction: Determine the statement whether it is TRUE or FALSE.

_____________ 1. A document is a deed, instrument or other duly authorized paper by which something is
proved, evidenced or set forth.
_____________ 2. Documentary evidence Rule means that the original of a document or writing is the best
evidence of such document or writing and must be produced---unless the original is lost, destroyed,
unavailable or otherwise unobtainable.
_____________ 3. A signed carbon copy or duplicate of a document executed at the time as the original
may be introduced in evidence without accounting for the non-production of the original.
_____________ 4. The Best evidence rule is applicable when the issue is the existence of the document.
_____________ 5. Mere photocopies of documents are admissible pursuant to the best evidence rule.
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Module 4: Rules 130: Rules of Admissibility (Part I)

Finally, let us summarize the lesson of what we had discussed today.

VI. GENERALIZATION

Name: _____________________________________ Course & Section: __________________

Directions: Explain when should apply the best evidence rule. (2-3 sentences)

_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
Rubric:
Level Description Score
 Well written and very organized.
 Excellent grammar mechanics.
OUTSTANDING  Clear and concise statements. 9-10
 Excellent effort and presentation with detail.
 Demonstrates a thorough understanding of the topic.
 Writes fairly clear.
 Good grammar mechanics.
GOOD 7-8
 Good presentation and organization.
 Sufficient effort and detail
 Minimal effort.
 Good grammar mechanics.
FAIR 6
 Fair presentation.
 Few supporting details.
 Somewhat unclear.
 Shows little effort.
 Poor grammar mechanics.
POOR 5
 Confusing and choppy, incomplete sentences.
 No organization of thoughts.

KUDOS!

You have come to an end of Module 4.

OOPS! Don’t forget that you have still an assignment to do.

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Module 4: Rules 130: Rules of Admissibility (Part I)

VII. ASSIGNMENT

Name: _____________________________________ Course & Section: __________________

Direction/Instruction: Fill in the blanks with the correct words. Choices are provided.

 Fingerprint  Best evidence

 Electronic  Secondary
 Documentary

1. ______________________________ evidence otherwise called as substitutionary evidence.

2. The marriage contract still remains the ______________________________ to prove the fact of
marriage.
3. The best evidence rule applies only to ______________________________ evidence.
4. Emails, recorded or saved text messages, and computer-generated documents are examples of
______________________________ documents.
5. ______________________________ are "ink impressions of fingertips taken for purposes of
identification.

After your long journey of reading and accomplishing the module, let us
now challenge your mind by answering the evaluation part of this module.

VIII. EVALUATION

Name: _______________________________________ Course & Section: __________________

Direction/Instruction: Read each sentence/situation carefully and select the letter of the correct
answer among the choices.

1. The term DNA stands for _____________.

A. Deoxyrebonucleic acid C. Deoxyribunuclec acid
B. Deoxyribonucleic acid D. Deoxynucleic acid
2. It is an evidence addressed directly to the senses of the court.
A. Documentary C. Secondary
B. Object D. Best evidence
3. Which of the following is an example of object evidence?
A. Photographs, C. Results of paraffin tests
B. Motion Pictures, D. All answers are correct
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4. This Rule means that the original of a document or writing is the best evidence of such document or
writing and must be produced---unless the original is lost, destroyed, unavailable or otherwise
unobtainable.
A. Documentary evidence rule C. Best evidence rule
B. Parole evidence rule D. Object (real) evidence
5. The following names are the other name for real evidence, EXCEPT _____.
A. Inferior evidence C. Object evidence
B. Autoptic proference D. Demonstrative evidence
6. This evidence if not objected to when presented, becomes primary evidence.
A. Secondary evidence C. Object evidence
B. Best evidence D. Documentary evidence
7. One of the categories of fingerprint that are clearly visible to the naked eye.
A. Latent C. Patent
B. Impressed D. Chance print
8. The Best Evidence Rule is also called as _____.
A. Original Writing Rule or Original C. First Hand Evidence Rule
Document Rule D. All answers are correct
B. Primary Evidence Rule
9. A category of fingerprint that are not visible to the naked eye but are visible under certain conditions
A. Chance print C. Patent
B. Impressed D. Latent
10. It refers to any written statement by which a right is established or an obligation extinguished.
A. Document C. Documentary evidence
B. Object evidence D. Secondary evidence

(This evaluation will be submitted on ________________.)

CONGRATULATIONS on reaching the end of this module!

You may now proceed to the next module.
Don’t forget to submit all the exercises, activities and portfolio
on ___________________.
KEEP UP THE GOOD WORK.
Well Done!!!