Remedial Law, Legal and Judicial Ethics, with Practical Exercises › Evidence › Admissibility

3. Conditional Admissibility

CONDITIONAL ADMISSIBILITY

When a piece of evidence appears to be relevant as it is connected with other pieces of evidence not yet offered or proved, such piece of evidence may be conditionally admitted subject to the condition that its relevancy and competency be established at a later time. If the condition is not met, the evidence should be rejected.

Example: In an action by A against B for recovery of a real property, plaintiff offered a document showing that the property belonged to X. On objection of the defendant upon the ground of irrelevancy, plaintiff stated that he would prove later by other evidence that X, the original owner sold the property to Y and the latter sold it to Z from whom plaintiff acquired title by purchase. The Court may admit the evidence conditionally until the other facts mentioned by plaintiff are proved. (Herrera, Remedial Law, Vol V, 29)

In a case of any intricacy it is impossible for a judge of first instance to know with any certainty whether testimony is relevant or not; and where there is no indication of bad faith on the part of the attorney offering the evidence, the court may as a rule safely accept the testimony upon the statement of the attorney that the proof offered will be connected later. (Prats Co. v. Phoenix Insurance, G.R. No. L28607, 1929)

Authorities

  • Herrera, Remedial Law, Vol V, 29
  • Prats & Company v. Phoenix Insurance Company, G.R. No. 28607, 21 February 1929