Chain of Custody

Need to established that object evidence obtained is same object presented in court.

RA 9165 (Comprehensive Dangerous Drugs Act of 2002)

-Must established the following link:

a. marking/ physical inventory of evidence after taken from the source by the apprehending
officer. (Purpose of physical inventory – record of evidence)

b. turn-over by the apprehending officer(AO) to the investigating officer(IO) (include IO

marking).

c. Investigating officer turnover to the forensic chemist for laboratory examination

d. After analyzed by the chemist submit to the court.

Note: Must be established who handle the drug.

Exception of chain of custody:

-Drug may be admissible if established/justified that the drug seize is same presented in
court.

-Must prove that there is excusable circumstances (like, when there is gun fight where the
drug were seize so marking, photograph and physical inventory is not possible ).

Documents
As an Object Evidence

-If you offer a document to prove it existence, condition or for any purpose other than the
contents of a document. Present the document itself.

Example: letter with blood in it. You present the document with the blood, the blood itself is the
evidence not the content or what is written in the document. Haha

As a Documentary Evidence

-present to prove content(what is written in the document)

-photocopy may be consider as same with the original

Ex. Falsified Signature – proof that signature is falsified by comparing signature(look at the
stroke) with other documents.
Limitation of Object Evidence
1.    Its exhibition is contrary to the public morals or decency;
Example: Exhibition of the private part in sex cases.

2.    To require its being viewed in court or in ocular inspection would result in delays,
inconvenience, or unnecessary expenses which are out of proportion to the evidentiary value of
such object;

3.    Such object evidence would be confusing or misleading, as when the purpose is to prove the
former condition of the object and there is no preliminary showing that there has been no
substantial change in said condition;

Example 1: Ocular inspection of the road side where the accident happened in 2018. The
counsel claimed that there was gravel when the accident happens but when inspected in
2020 the gravel was not there anymore. The object evidence is useless.

Example 2: In case of theft, 12 cudberry chocolates were the object evidence but upon
presentation in court, only the wrapper of the chocolates is there.

4.    The testimonial or documentary evidence already presented clearly portrays the object  in
question as to render a view therefore unnecessary;

5.    Where the existence of the object is not the very fact in issue, but is merely a collateral fact, or
is merely used as reference;

6.    Where the article has not been recovered or is outside the coercive jurisdiction of the court
(e.g., stolen articles which are not recovered, unrecovered weapons used in crimes); 

Blood Grouping/Typing
- May be used to disprove paternity
- May not use to prove paternity

Documentary Evidence

Sec. 2. Rule 130 of the Rules of Court as amended by A.M. NO. 19-08-15-SC defines
documentary evidence as documents as evidence consist of writings, recordings, photographs or
any material containing letters, words, sounds, numbers, figures, symbols or their equivalent, or
other modes of written expression offered as proof of their contents. Photographs include still
pictures, drawings, stored images, x-ray film, motion pictures or videos. 

Classification of documentary Evidence

 1. Written(Documents)
2. Recording (Audio / Video)
3. Others (photograph, X-ray..)

Document same as instrument

No. An instrument is a written document; a formal or legal document in

writing, such as a contract, deed, will, bond, or lease.

It is a document in which a right or liability is produced, conveyed, extended,

limited, expired or recorded.

Document is a general term referring to a written or printed paper that gives

information about something. It includes an instrument. Not all instrument is a
document.

Best Evidence Rule

- The best evidence rule requires that when the subject of inquiry is the contents of a
document, writing, recording, photograph or other record, no evidence shall be
admissible other than the original document itself except in the instances mentioned in
Section 3, Rule 130 of the Revised Rules of Court as amended. 

- Despite the word "best," the rule does not proclaim itself as the highest and most reliable
evidence in the hierarchy of evidence. The term "best" has nothing to do with the degree
of its probative value in relation to other types of evidentiary rules. It is not intended to
mean the "most superior" evidence. Secondary evidence may be presented.

Original Evidence Rule

- The Original Document Rule is explained as when the subject of inquiry is the contents of a
document, writing, recording, photograph or other record, no evidence shall be admissible
other than the original document itself. Rule 130, Sec. 3 as amended by AM No. 19-08-15-
SC

- So long as the original is available, no other evidence can be substituted for the original
because the original is the "best evidence" in relation to mere copies or substitutes thereof. 

For the original document rule to apply, the following requisites must be present:

(a) That there is an inquiry;

(b) That the subject of such inquiry is the contents of a document; and

(c) That the case or instance does not fall under any of the exceptions provided in
Section 3, Rule 130 of the Rules of Court.

What is the original of a document?

 An original of a document is the document itself or any counterpart intended to have the same
effect by a person executing or issuing it. An “original” of a photograph includes the negative or
any print therefrom. If data is stored in a computer or similar device, any printout or other output
readable by sight or other means, shown to reflect the data accurately, is an “original.” (Sec. 4,
rule 130 of the Rules of Court as amended by A.M. No. 19-08-15-SC)

What is the duplicate of a document?

A “duplicate” is a counterpart produced by the same impression as the original, or from the same
matrix, or by means of photography, including enlargements and miniatures, or by mechanical or
electronic re-recording, or by chemical reproduction, or by other equivalent techniques which
accurately reproduce the original. Rule 130, Section 4 (b), Rules on Evidence as amended by
A.M. No. 19-08-15-SC

 Receipt – the carbon copy executed at the same time is itself a copy of the original
intended to have the same effect by a person issuing it. It is therefore considered as an
original copy.

 Photocopy of the receipt is duplicate as it is a counterpart produced by the same

impression as the original.

 2 copies of Birth Certificate secured from PSA is considered as originals.