RULES OF ADMISSIBILITY (RULE 130) Objects as evidence are those addressed to the senses of the court.

When an object is relevant to the fact in issue, it may be exhibited to, examined or viewed by the court. Documents as evidence consist of writings or any material containing letters, words, numbers, figures, symbols or other modes of written expressions offered as proof of their contents. Best Evidence Rule When the subject of inquiry is the contents of a document, no evidence shall be admissible other than the original document itself Exceptions: 1. 2. 3. 4. When the original has been lost or destroyed, or cannot be produced in court, without bad faith on the part of the offeror; 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; 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 the original is a public record in the custody of a public officer or is recorded in a public office

Original documents 1. 2. 3. one the contents of which are the subject of inquiry. 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. 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

Requisites for admission of secondary evidence, according to grounds 1. 2. 3. the original has been lost or destroyed, or cannot be produced in court prove execution or existence prove cause of unavailability without bad faith of the offeror

4. proof of contents in the following order 1) copy

2)

recital of its contents in

a)

some authentic document, or

b)

testimony of witnesses

the original is in the custody or under the control of the adverse party adverse party had reasonable notice to produce the original (Subpoena duces tecum)

proof of the originals existence adverse party fails to produce the original proof of contents in the following order 1) copy

2)

recital of its contents in

a)

some authentic document, or

b)

testimony of witnesses

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 the original is a public record in the custody of a public officer or is recorded in a public office contents may be proved by a certified copy issued by the public officer in custody thereof Rule 132 25: What attestation of copy must state 1) the copy is a correct copy of the original, or a specific part thereof

2) under the official seal of the attesting officer, if there be any, or if he be the clerk of a court having a seal, under the seal of such court

Rule 132 27: Public record of a private document may be proved by 1) the original record, or

2)

by a copy thereof

a)

attested by the legal custodian of the record

b)

with an appropriate certificate that such officer has the custody

Parol Evidence Rule: When the terms of an, agreement have been reduced to writing, it is considered as containing all the terms agreed upon and there can be, between the parties and their successors in interest, no evidence of such terms other than the contents of the written agreement.

Exceptions: a party may present evidence to modify, explain or add to the terms of the written agreement if he puts in issue in his pleading

An intrinsic ambiguity, mistake or imperfection in the written agreement failure of the written agreement to express the true intent and agreement of the parties validity of the written agreement; or The existence of other terms agreed to by the parties or their successors in interest after the execution of the written agreement If the ground is subsequently-agreed terms, the subsequently-agreed terms must also be put in issue in the pleadings.

The rule applies only to the terms of an agreement. If the evidence sought to be admitted refers to matters other than the terms of the agreement (e.g. statement of facts), then the PER does not apply, such evidence is admissible.

PER applies only to the parties to the agreement. It does not apply where PER is invoked against a litigant who is a stranger to the agreement.

Requisites for mistake as exception to PER

mutual between the parties of fact, not of law alleged and put in issue in the pleadings proved by clear and convincing, not merely preponderance of, evidence