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Practice Exams

Module 4.4: Documentary and Object Evidence

I. Documentary Evidence

A. Definition

Documentary evidence consists of writings, recordings, photographs, or any material containing letters, words, sounds, numbers, figures, symbols, or their equivalent, offered as proof of their contents. (Rules of Court, Rule 130, Sec. 2)

Key characteristics:

  • It is a tangible object.
  • It contains information in a written or symbolic form.
  • It is presented in court to prove the truth of the information it contains.

B. Public vs. Private Documents

1. Public Documents

Public documents are: a. The written official acts, or records of the official acts of the sovereign authority, official bodies and tribunals, and public officers, whether of the Philippines, or of a foreign country. b. Documents acknowledged before a notary public except last wills and testaments. c. Public records, kept in the Philippines, of private documents required by law to be entered therein.

Evidentiary Value: Public documents are considered self-authenticating and are prima facie evidence of the facts stated therein. They do not require further proof of their execution and authenticity.

2. Private Documents

All other writings are private.

Evidentiary Value: Private documents require proof of their due execution and authenticity before they can be received in evidence.

C. Authentication of Private Documents

Before a private document is admitted in evidence, its due execution and authenticity must be proved by any of the following means:

  1. By anyone who saw the document executed or written.
  2. By evidence of the genuineness of the signature or handwriting of the maker.
  3. By other evidence showing its due execution and authenticity.

D. Best Evidence Rule (Original Document Rule)

General Rule: When the subject of inquiry is the contents of a document, no evidence shall be admissible other than the original document itself.

Purpose: To ensure accuracy and prevent the introduction of altered or fabricated evidence.

Exceptions (Secondary Evidence is Admissible):

  1. When the original has been lost or destroyed, or cannot be produced in court, without bad faith on the part of the offeror.
  2. When the original 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.
  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 in the custody of a public officer or is recorded in a public office.

II. Object (Real) Evidence

A. Definition

Object evidence (or real 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. (Rules of Court, Rule 130, Sec. 1)

Examples:

  • The weapon used in a crime (e.g., knife, gun).
  • The clothing of a victim.
  • Contraband (e.g., illegal drugs).
  • Physical injuries on a person's body.
  • Photographs and videos, once authenticated.

B. Chain of Custody

Chain of custody is the duly recorded, chronological history of the handling, transfer, and storage of an object of evidence from the time it is seized until it is presented in court.

Purpose: To ensure the integrity and identity of the evidence, guaranteeing that the object presented in court is the same object seized from the accused, and that it has not been tampered with or substituted.

Links in the Chain:

  1. Seizure and Marking: The seizing officer must mark the evidence with their initials, the date, and time of seizure.
  2. Turnover to Investigating Officer: The seizing officer turns over the evidence to the investigating officer. A receipt is issued.
  3. Turnover to the Crime Laboratory: The investigating officer submits the evidence to the crime laboratory for examination.
  4. Custody in the Laboratory: The forensic chemist or examiner takes custody of the evidence.
  5. Presentation in Court: The evidence is brought to court and presented as evidence, with all handlers testifying as to their role in its custody.

Failure to prove the chain of custody can lead to the exclusion of the evidence due to doubts about its integrity.

III. Multiple Choice Questions

Instructions: Choose the best answer for each question.

  1. What is evidence consisting of writings or any material containing letters, words, or numbers offered as proof of their contents? a) Object Evidence b) Testimonial Evidence c) Documentary Evidence d) Real Evidence

  2. Under the Rules of Court, which of the following is considered a public document? a) A love letter written by a public official. b) A private deed of sale. c) A last will and testament acknowledged before a notary public. d) A birth certificate recorded in the civil registry.

  3. What is the primary requirement for a private document to be admissible in evidence? a) It must be notarized. b) Its authenticity and due execution must be proven. c) It must be at least 30 years old. d) It must be written in a public record.

  4. The Best Evidence Rule states that the original document must be presented. What is the main purpose of this rule? a) To make the trial more difficult. b) To ensure the accuracy of the evidence presented. c) To protect the privacy of the document's author. d) To speed up the court proceedings.

  5. Which of the following is NOT a valid exception to the Best Evidence Rule? a) The original is lost or destroyed without bad faith. b) The offeror finds it inconvenient to bring the original to court. c) The original is in the possession of the adverse party who fails to produce it. d) The original is a public record.

  6. A knife used in a stabbing incident, when presented in court for the judge to see, is what kind of evidence? a) Documentary Evidence b) Testimonial Evidence c) Ad-interim Evidence d) Object Evidence

  7. What is the chronological documentation showing the seizure, custody, control, transfer, analysis, and disposition of physical or electronic evidence? a) Chain of Command b) Evidence Log c) Chain of Custody d) Custodial Interrogation

  8. Why is an unbroken chain of custody crucial for object evidence? a) To prove the guilt of the accused beyond reasonable doubt. b) To preserve the integrity and identity of the evidence. c) To satisfy the curiosity of the court. d) To create a good story for the media.

  9. A police officer seizes a sachet of suspected shabu. What is the first step in the chain of custody? a) Take a picture of the sachet. b) Immediately send it to the crime lab. c) Mark the sachet with his initials, date, and time. d) Present it to the judge.

  10. A document acknowledged before a notary public is generally considered: a) A private document. b) A public document. c) An ancient document. d) An inadmissible document.

  11. A CCTV footage of a robbery is an example of: a) Documentary Evidence b) Object Evidence c) Both A and B d) Neither A nor B

  12. The "Original Document Rule" is another name for: a) Parole Evidence Rule b) Best Evidence Rule c) Hearsay Rule d) Chain of Custody Rule

  13. A private document can be authenticated by: a) Anyone who saw it being written. b) A handwriting expert. c) The person who signed it. d) All of the above.

  14. If the original document is a set of 1,000 invoices, what may be presented in court as an exception to the Best Evidence Rule? a) A summary of the invoices' general result. b) A testimony from the person who wrote the invoices. c) One sample invoice from the set. d) None, all 1,000 invoices must be presented.

  15. Which of the following is primarily addressed to the senses of the court? a) A signed confession b) A witness's testimony c) The judge's personal knowledge d) A bloody shirt

  16. The written official acts of a public officer are considered: a) Private documents b) Public documents c) Hearsay evidence d) Corroborative evidence

  17. Failure to properly document the chain of custody can result in: a) The evidence being considered tampered with or substituted. b) A mistrial. c) The automatic acquittal of the accused. d) Contempt of court charges against the officer.

  18. A photocopy of a document is generally inadmissible if the original is available. This is based on the: a) Hearsay Rule b) Best Evidence Rule c) Parole Evidence Rule d) Rule on Authentication

  19. Which evidence does NOT require preliminary proof of its authenticity? a) A private love letter. b) A deed of sale signed by two parties. c) A police blotter entry. d) A handwritten IOU.

  20. The final link in the chain of custody before evidence is disposed of is its: a) Examination by a chemist. b) Presentation in court. c) Storage in the evidence room. d) Mention in the police report.

IV. Answer Key

  1. c) Documentary Evidence
  2. d) A birth certificate recorded in the civil registry.
  3. b) Its authenticity and due execution must be proven.
  4. b) To ensure the accuracy of the evidence presented.
  5. b) The offeror finds it inconvenient to bring the original to court.
  6. d) Object Evidence
  7. c) Chain of Custody
  8. b) To preserve the integrity and identity of the evidence.
  9. c) Mark the sachet with his initials, date, and time.
  10. b) A public document.
  11. c) Both A and B (It's an object that contains a recording, making it documentary as well).
  12. b) Best Evidence Rule
  13. d) All of the above.
  14. a) A summary of the invoices' general result.
  15. d) A bloody shirt
  16. b) Public documents
  17. a) The evidence being considered tampered with or substituted.
  18. b) Best Evidence Rule
  19. c) A police blotter entry.
  20. b) Presentation in court.