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LEGAL MEDICINE
1.1D EVIDENCE
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:
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.
General rule:
When the subject of inquiry is the contents of a document, no evidence
shall be admissible other than the original document itself.
Exception:
1) When the original has been lost or destroyed, or cannot be produced
in court, without bad faith on the offerors 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
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. [Ordoo v.Daguigan]
By reason of death/insanity of adverse party [Rule 130, Sec. 23]
Dead Mans Statute or Survivorship Rule
LEGAL MED
1.1D EVIDENCE
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