1.1D EVIDENCE.pdf

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LEGAL MEDICINE 1.1D EVIDENCE

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EVIDENCE The means, sanctioned by these rules, of ascertaining in a judicial proceeding, the truth respecting a matter of fact. [Rule 128, Sec. 1] The mode and manner of proving competent facts in judicial proceedings. [Bustos v. Lucero] DIFFERENT FORMS OF EVIDENCE I. OBJECTIVE EVIDENCE (REAL / AUTOPTIC) Definition: Those addressed to the senses of the court. [Rule 130, Sec. 1] It includes the anatomy of a person or of any substance taken there from. [US v. TanTeng] General rule: When object is relevant to the fact in issue, it may be exhibited to examined or viewed by the court. [Rule 130, Sec. 1]

Exception: Court may refuse introduction of object evidence and rely on testimonial alone if: 1) Its exhibition is contrary to public policy, morals or decency; 2) It would result in delays, inconvenience, unnecessary expenses, out of proportion to the evidentiary value of such object. (People vs.Tavera) 3) The evidence would be confusing or misleading. [People v. Saavedra]

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the latter prevails. Particular intent controls general one inconsistent with it. [Rule 130, Sec. 12] The circumstances under which an instrument was made, including the situation of the subject thereof and of the parties to it, may be shown, so that the judge may be placed in the position of those whose language he is to interpret. [Rule 130, Sec. 13] III. TESTIMONIAL EVIDENCE General rule: All persons who can perceive, and, perceiving, can make their known perception to others, may be witnesses. Religious/political belief, interest in the outcome of the case, or conviction of a crime unless otherwise provided by law, shall not be ground for disqualification. [Rule 130, Sec. 20]

Exception: By reason of mental incapacity or immaturity; [Rule 130, Sec. 21] A. those whose mental condition, at the time of their production for examination, is such that they are incapable of intelligently making known their perception to others B. Children whose mental maturity is such as to render them incapable of perceiving the facts respecting which they are examined and of relating them truthfully. •

II. DOCUMENTARY EVIDENCE Definition: Writings or any material containing letters, words, numbers, figures, symbols or other modes of written expression offered as proof of their content. [Rule 130, Sec. 2]

Requisites of competency of a child as witness: [People vs. Mendoza (1996)] (1) Capacity of observation; (2) Capacity of recollection; (3) Capacity of communication

General rule: When the subject of inquiry is the contents of a document, no evidence shall be admissible other than the original document itself.

• By reason of marriage; [Rule 130, Sec.22] • General rule: During their marriage, neither the husband nor the wife may testify for or against the other without the consent ofthe affected spouse.

Exception: 1) When the original has been lost or destroyed, or cannot be produced in court, without bad faith on the offeror’s part 2) When the original is in custody or under control of party against whom evidence is offered, and latter fails to produce it after reasonable notice 3) 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 4) When the original is a public record inthe custody of a public officer or is recorded in a public office. Examples 1. formal written reports ( medical certificate, physical examination report, necropsy report, laboratory exam. report, exhumation report, medical examination/investigation report ). 2. Written opinions 3. Certificates (medical certificate, certificate of physical health, death, certificate, birth certificate, certificate of physical injuries ) RULES ON INTERPRETATION OF DOCUMENTARY EVIDENCES • Interpretation of a writing according to thelegal meaning it bears in the place of execution, unless parties intended otherwise.[Rule 130, Sec. 10] • Instrument construed so as to give effect to all provisions. [Rule 130, Sec. 11] • Parties’ intention is to be pursued in construction of instrument. In the inconsistency between general and particular provision,

Exception: a) In a civil case by one against the other; b) In a criminal case for a crime committed by on against the other or the latter's direct descendants/ascendants. Ex. The wife is competent to testify against her husband in a prosecution against him for raping their daughter. [Ordoño v.Daguigan] By reason of death/insanity of adverse party [Rule 130, Sec. 23] “Dead Man’s Statute” or “Survivorship Rule” • Parties or assignors of parties to a case, or persons in whose behalf a case is prosecuted, against an executor/administrator cannot testify as to any matter of fact occurring before the death of such deceased person or before such person became of unsound mind. PRIVELEGED COMMUNICATIONS • Marital privilege; [Rule 130, Sec. 24(a)] Purpose: Privilege for confidential communications justified on the ground that it promotes marital harmony. Marital partners should be encouraged to share their most closely-guarded secrets as an additional measure of intimacy and mutual support to their marriage. General rule: Husband or the wife, during or after the marriage, cannot be examined without the consent of the other as to any communication received in confidence by one from the other during the marriage Exception: a) In a civil case by one against the other; Page 1 of 2

LEGAL MED

1.1D EVIDENCE

b) In a criminal case for a crime committed by one against the other or the latter's direct descendants/ascendants. A widow of a victim allegedly murdered may testify as to her husband’s dying declaration as to how he. [US v. Antipolo] • Attorney-client privilege; [Rule 130, ec.24(b)] • An attorney cannot, without the consent ofhis client, be examined as to any communication made by the client to him, his advice given thereon in the course of, or with a view to, professional employment. Exception: [Regala v. Sandiganbayan(1996)] a) When a strong probability exists that revealing the name would implicate that person in the very same activity for which he sought the lawyer’s advice; b) When disclosure would open the client to liability; c) When the name would furnish the only link hat would form the chain of testimony necessary to convict. • Physician-patient privilege; [Rule 130, ec.24(c)] • General rule: A person authorized to practice medicine, surgery or obstetrics cannot in a civil case, without the consent of the patient, be examined as to any advice or treatment given by him or any information which he may have acquired in attending such patient in a professional capacity, which information was necessary to enable him to act in capacity, and which would blacken the reputation of the patient. Exception: • The prohibition against the disclosure does not apply to 3rdparties but only to the physician.[Bautista; Krohn v. CA] • The privilege belongs to the patient, not the physician so that the latter cannot claim it if the patient abandons it. [Bautista] • This privilege does not apply when the doctor is presented as an expert witness and only hypothetical problems were presented to him. [Lim v. CA (1992)] ADMISSIBILITY OF EVIDENCE WHEN DETERMINED  At the time evidence is offered to the court. [Rule 132, Sec. 35]  ADMISSIBLE EVIDENCE – Evidence that is both relevant and competent. [Rule 128, Sec.3] KINDS OF ADMISSIBILITY OF EVIDENCE 1. CONDITIONAL – Evidence, at the time offered, appears to be immaterial/irrelevant unless it is connected with other facts to be subsequently proved. The evidence may be received in condition that the other facts will be proved thereafter; but there should be no bad faith. 2. MULTIPLE – Evidence is relevant and competent for 2 or more purposes. 3. CURATIVE – Considers a party’s right to introduce incompetent evidence in his behalf where the court has admitted the same kind of evidence adduced by the adverse party __________________________________________________________ END OF TRANX

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