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

4. Curative Admissibility

CURATIVE ADMISSIBILITY

When a party is allowed to present inadmissible evidence over the objection of the opposing party, such opposing party may be allowed to introduce otherwise inadmissible evidence to contradict the previously admitted inadmissible evidence and to remove any prejudice caused by its admission.

Example: At the trial, plaintiff testified that defendant is a man who never pays his debts as shown by his refusal to pay his debts to other persons. This evidence is inadmissible but was admitted by mistake. In such case, in fairness to the defendant, the Court may allow him to explain his dealings with such other persons. (Herrera, Remedial Law Vol V, 26)

In our jurisdiction, the principle of curative admissibility should not be made to apply where the evidence was admitted without objection because the failure to object constitutes a waiver of the inadmissibility of the evidence. Inadmissible evidence not objected to becomes admissible. (Riano, Evidence, 33)

MULTIPLE	CONDITIONAL	CURATIVE
When proffered evidence is admissible for two or more purposes. It may be admissible for one purpose but inadmissible for another or vice versa. It may also mean that it may be admissible against one party but not against another	It happens frequently enough that the relevance of a piece of evidence is not apparent at the time it is offered, but its relevance will readily be seen when connected to other pieces of evidence not yet offered.	When a party is allowed to present inadmissible evidence over the objection of the opposing party, such opposing party may be allowed to introduce otherwise inadmissible evidence to contradict the previously admitted inadmissible evidence and to remove any prejudice caused by its admission.
The purpose for which the evidence is offered must be specified because such evidence may be admissible for several purposes under the doctrine of multiple admissibility , or may be admissible for one purpose but not for another.	The proponent of the evidence may ask the court that the evidence be conditionally admitted in the meantime, subject to the condition that he is going to establish its relevancy and competency at a later time.	Principle of curative admissibility should not be made to apply where the evidence was admitted without objection because the failure to object constitutes a waiver of the inadmissibilit y of the evidence.