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-Best evidence and Parol evidence does not apply also Parol Evidence
Hearsay rule (applies only to docu and testimonial)
-will included (consider agreement for purposes of PArol
Documentary Evidence evidence)
-It can be an object evidence - look at the purpose for which - Applicable only to documentary
it is use
- When the parties have decided to put their agreement in
-Best Evidence (original document rule) and Parol evidence writing,
applies
- Do not look outside the writing, look only at the very same
writings(evidence aliunde or outside evidence)
-This can stand alone even if there is no Object -If it contradicts the writing, do not consider it (if the writing
says 1million, and the other party said 500- do not consider
- Hearsay rule applies it)
-
Put in issue in the pleading, hence parol evidence is now
Evidence must be relevant and competent to be admissible available. If you do not put it in issue objection for parol
evidence will be sustained
he rules does not establish the hierarchy of evidence, they
compliment each other Tingnan mo ang kasulatan- parol
Object evidence can be at the same time a documentary Original na kasulatan- best evidence rule or lay the basis
evidence (ex. Pen offered as size, diameter, that it exist-
object. IF offered as to writings on the pen -docu) Witnesses
If simply said it was loss - secondary evidence will not be Did see the killing+ did not remember- not qualified. If
granted (lay the basis why it was loss) someone only told you- you are not qualified
You cannot present ANY secondary evidence; order Witness cannot be compelled to answer a question if it
would open him in crim charge - right agnst self
Copy incrimination
Recital of its contents and authenticated copy The accused can refuse to testify (right agnst self
incrimination of accused) but an ordinary witness can
Testimony of witnesses
be compelled to testify- if refuse, cite in contempt
Ordinary witness exercising right agnst self
incrimination should wait for the incriminating question