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6. Testimonial Evidence Adverse party Read Sec. 6. Loss, Destroyed, Unavailable Originals
(Sec 5)
*Showing that the original document is in the custody or under the control of the adverse party
does not ipso facto authorize the introduction of secondary evidence to prove its contents. The
party who seeks to present secondary evidence must lay a basis for its introduction.
Laying the basis:
9. Exceptions to the hearsay rule, are all hearsay, but are admissible Sec. 36 of Rule 130 ex.
Which of the following is hearsay?
Hearsay vs.
Opinion
Hearsay evidence is one that is not based on ones personal knowledge of others to prove the truth
of the matter asserted in an out-or-court
An opinion evidence is based on the personal knowledge or personal conclusion of the witness
based on his skill, training, or experience.
Dying Declarations
*must be impending, near, and certain.
Common reputation
While common reputation in the community may establish a matter of public or general interest,
marriage or moral character, it CANNOT establish pedigree. This is established by reputation in
the family and not in the community.
Learned Treaties.
History books, published finding of scientists fall within this exception IF the subject testifies to
the expertise of the writer of if the court takes judicial notice of such fact.
Waiver
The rules of evidence may be waived. The rules are established for the protection of the parties.
Except if the rule waived by the parties has been established by law on grounds of public policy.
Section 4. JUDICIAL ADMISSION is and admission, verbal or written, made by a party in the
course of the proceedings.
Elements
1) The same must be made by a party to the case
2) The admission must be made in the course of the proceedings in the same case, and
3) There is no particular form for an admission, it may either be written or verbal.
Judicial Admissions may be made in
1) Pleadings filed by the parties,
2) In the course of trial either verbal or written manifestations or stipulations
3) In other stages of judicial proceedings as in the pre trial of the case
4) Admissions obtained through depositions, written interrogatories or requests for admissions.
Judicial admissions can be made by either a party or counsel.
Judicial admission may be contradicted only when it is shown that
1. It was made through palpable mistake or 2. That no such admission was made.
Remedy of a party who gave a judicial admission:
In case of written judicial admission motion to withdraw the pleadings, motion, or other written
instrument containing such admission.
Judicial admissions are always conclusive upon the admitter and do not require formal offer as
evidence, unlike in the case of extra-judicial admissions.
Rule on dismissed pleadings
Admissions made in pleadings that have been dismissed are merely extrajudicial admission.
Rah at 1:27 PM
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