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1. Does Cybercrime law have an exclusionary rule? How about its implementing rules?

2. Are there any other exclusionary rules in law?

2 types of admissions
Judicial (verbal or written)
Extra-judicial admissions

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What is a judicial admission?
assertion of fact against ones own interest

Judicial admission, per stated fact, can be in part lang of a sentence. (i.e. [I
received the 10M], but I paid it back.)

relevance v materiality
R is governed by rules on logic
M is governed by rules on substantive law and rules on pleadings.

Atillo III - proper objection here should have been grounded on materiality (kasi
yon ay not na in issue)

one of the grounds of amending pleadings is to make it conform to the evidence

pwede ba maging admission ang conclusion of law? - BE CAREFUL; if i were the


adverse party, I would use that against you

what happens to admission in original pleading when you amend the pleading? =>
admission will be considered an extra-judicial admission

[sison v people; RoEE]


can photograph be authenticated by person who was not there during the incident?

ocular inspection is under object (real) evidence

[people v rullepa]
note: discussion btw object evidence v judicial notice

DOCUMENTARY EVIDENCE
essence:
(under the ROC)
- written expression
- as PROOF of its contents
- [readable by sight]

Which is better, written or electronic evidence? - THEY ARE EQUAL; to be treated


the same. That is the point of the E-Commerce Act.

Definition of evidence under the E-Commerce Act.


- written expression
- to establish right extinguished; obligation extinguished; or a fact proved
(basically proof of contents lang rin)
- produced electronically

Difference btw electronic-based and paper document?


- paper-based/written are tangible; basically readable by sight
- electronic is electronic pulses. (binary language)

[Lee v People]
Provides the basis (requisites) for the presentation of secondary evidence:
1. L/D w/out BF
2. proponent must prove by a fair preponderance of evidence as to raise a
reasonable inference of the L/D of the original copy; and
3. Must be shown that a diligent and bona fide BUT unsuccessful search has been
made for the document in the proper place or places

[Compania Maritima]
- added a requisite for 130.3(c), voluminous records that cannot be found in
statute
- you must give the other party opportunity to study the underlying documents = so
the other party can be prepared for cross-examination

[Republic v Marcos-Manotoc]
PCGG: since nasa amin, edi public records siya kasi public officers kami
SC: Nuh bruh; yong nagissue ng document yong definition namin ng public officers or
ng within the custody of the issuing public officers. | 130.7 refers to public
officers who are by law the custodians of these documents

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