REVISED RULES ON

EVIDENCE
RULES 128 – 134
By: Ms. Almira A. Verdan, Llb
 RULE 130. RULES OF
ADMISSIBILITY
■ II. REQUIREMENTS FOR ADMISSIBILITY
■ A. Inherent Requirements: Proof of 1. Relevancy and 2.
Competency
■ B. Procedural Requirement: Proof of Authentication
– The process of proving that the object being presented in
court is the very object involved in the event
– 2 FOLD PURPOSE : (a) to /ensure preserve the Identity of the
Object which is to prevent the introduction of a different
object and (b) to ensure/preserve the Integrity of the Object
which is to ensure that there are no significant changes or
alterations in the condition of the object or that the object has
not been contaminated
■ Important component elements of the process of
Authentication:
– PROOF OF IDENTITY: Through the testimony of a witness as to objects which are
readily identifiable by sight provided there is a basis for the identification by the
witness which may either be:
■ (i) the markings placed by the witness upon the object, such as his initials,
his pictures in the digital camera, or
■ (ii) by the peculiar characteristics of the object i.e. by certain physical
features which sets it apart from others of the same kind or class by which it
is readily identified. Examples: a hole caused by burning in a sweater; the
broken hilt of a knife
– PROOF OF IDENTITY AND INTEGRITY: By proving that there was no break in the
Chain-of-Custody in the event the object passed into the possession of different
persons. This means proving the chronological sequence through which the
object was handled only by persons who, by reason of their function or office, can
reasonably be expected to have the right or duty to possess or handle the object.
This is done by calling each of these persons to explain how and why he came
into the possession of the object and what he did with the object.
■ (i) When the object passed into the possession of a stranger, then there is
doubt as to the integrity, if not identity of the object.
■ PROOF OF INTEGRITY: By proving the Proper Preservation of the object which
consist of showing that the object was kept in a secure place as to make
contamination or alteration difficult, and it has not been brought out until its
presentment in court.
 EFFECT IF THERE WAS IMPROPER AUTHENTICATION
 The object maybe excluded upon proper objection, or that it may
not be given any evidentiary value. Thus in a criminal case,
reliance thereon may be a ground for acquittal. Example: there
was conflicting testimony by the policemen as to the description
of the bag allegedly containing the drug. The conviction was
reversed.
 AUTHENTICATION AS APPLIED TO CERTAIN EVIDENCES
 a). As to pictures and photographs, maps, diagrams, the
authenticity refers to proving the accuracy of the things, persons,
things or places depicted in the photographs which may through
the testimony of : (i) the photographer or (ii) any one who is
familiar with the persons, things, places shown therein
■ b)As to tape recordings: ( TORRALBA VS. PP., AUG. 22, 2005)
– FACTS: The accused was convicted of libel. One of the evidence
was a tape recording of the radio broadcast which recording was
made by the daughter of the complainant, but the daughter was
not however presented as a witness. Question: Was the tape
recoding properly admitted?
– HELD: The person who actually recorded should be presented in
order to lay the foundation for the admission of the tape
recording. Before a tape recording is admissible in evidence and
given probative value, the following requisites must first be
established:
• (i). a showing that the recording devise was capable of taking testimony
• (ii). a showing that the operator of the device was competent
• (iii). establishment of the authenticity and correctness of the recording
• (iv). a showing that changes, alterations, or deletions have not been made
• (v). a showing of the manner of the preservation of the recording
• (vi). identification of the speakers
• (vii). a showing that the testimony elicited was voluntarily made without
any kind of inducement
■ c). As to X-rays and cardiograms, motion pictures: same requirement
as to tape recordings.
■ III. LIMITATIONS TO THE ADMISSION OF OBJECTS AS EVIDENCE IN
ADDITION TO THE INHERENT LIMITATIONS OF RELEVANCY AND
COMPETENCY.
– A. The admission must not cause undue prejudice to the court,
such as those intended
– B. The admission is subject to the demands of decency and
propriety, unless the admission is extremely necessary.
■ 1. Exhibition of the private parts in sex cases
■ 2. Presentation of the corpse or body parts
■ 3. Re-enactment of violent or offensive acts
■ 4. Examples:
– a) The case of the old man accused of rape who had to show his private
parts to prove he is incapable of committing the crime
■ b). Case of William Alford charged of shooting a lawyer. He claimed
self defense in that he shot the victim who was beating him with a
cane while the accused was lying down on the ground. Prosecution
witness claimed the bullet had driven downward. Earl Rogers
demanded that the intestine of the victim be brought to court and by
the testimony of an expert, showed that the bullet travelled upward
while the victim was bending over, thereby confirming the claim of
the accused.
– C. Exclusion of objects which are offensive to man’s sensibilities or
repulsive objects
■ 1. Waste matters, human excreta
■ 2. Carcasses of dead animals
■ 3. Killing of an animal to prove a substance is poison
– D. The procurement, presentation or inspection must not cause
inconvenience or unnecessary expenses out of proportion to the
evidentiary value of the object evidence
E. The admission must not violate the right against self-
incrimination
– 1. Handwritings: the general rule is that a person may not be compelled to
produce a sample of his handwriting as basis for determining his criminal
liability as the author of a certain written document. This is because writing is
not a mere mechanical act but involves the application of the intellect.
However, if the accused testifies in his own behalf and denies authorship, he
maybe compelled to give a sample of his handwriting.
F. In cases of ocular inspections: (i) the condition of the
thing or place must not have been altered (ii) there be
prior notice of the date, time and place given to the parties
because the inspection is still part of the trial.
WHY IS IT NECESSARY TO PRESENT OBJECTS IN COURT?
The best proof that an object exists is to present it to the
court.