Remedial Law, Legal and Judicial Ethics, with Practical Exercises › Evidence › Kinds (Rule 130) › Object or Real Evidence
a. Requisites for Admissibility
Requisites
- The object must be relevant to the fact in issue;
- The object must be authenticated before it is admitted;
- The authentication must be made by a competent witness;
- The object must be formally offered in evidence. (Riano)
Admissibility of Tape Recordings
Before a tape recording is admissible in evidence and given probative value, the following requisites must first be established:
- A showing that the recording device was capable of taking testimony;
- A showing that the operator of the device was competent;
- Establishment of the authenticity and correctness of the recording;
- A showing that changes, additions, or deletions have not been made;
- A showing of the manner of the preservation of the recording;
- Identification of the speakers; and
- A showing that the testimony elicited was voluntarily made without any kind of inducement. (Torralba v. People, G.R. No. 153699, 2005)
Admissibility of Tape Recordings
Before a tape recording is admissible in evidence and given probative value, the following requisites must first be established:
- A showing that the recording device was capable of taking testimony;
- A showing that the operator of the device was competent;
- Establishment of the authenticity and correctness of the recording;
- A showing that changes, additions, or deletions have not been made;
- A showing of the manner of the preservation of the recording;
- Identification of the speakers; and
- A showing that the testimony elicited was voluntarily made without any kind of inducement. (Torralba v. People, G.R. No. 153699, 2005)
Note: Recordings may also fall under the category of documentary evidence for documentary evidence now covers “recordings” or any material which contains “sounds” as long as offered as proof of their contents.
Requisites:
- The actor/declarant is dead or unable to testify;
- The actor/declarant must be a relative by birth, adoption, marriage or, in the absence thereof, the actor/declarant was so intimately associated with the family of another person (whose pedigree is in question) as to be likely to have accurate information concerning the latter’s pedigree;
- The act or declaration must have been made before the controversy occurred; and
- The relationship between the actor/declarant and the person whose pedigree is in question must be shown by evidence other than such act or declaration.
Requisites for Admissibility of Common Reputation as to events of general history important to the community:
- The facts must be of public or general interest;
- The reputation must have been formed among a class of persons who were in a position to have some sources of information and to contribute intelligently to the formation of the opinion; and
- The reputation must have been existing previous to the controversy.
Requisites for Admissibility of Common Reputation Respecting Marriage:
- The common reputation must have been formed previous to the controversy; and
- The reputation must have been formed among a class of persons who were in a position to have some sources of information and to contribute intelligently to the formation of the opinion.
Requisites for Admissibility of Common Reputation Respecting Moral Character:
- That it is the reputation in the place where the person in question is best known; and
- That it was formed previous to the controversy. (People v. Alegado, G.R. No. 93030-31, 1991)
Authorities
- People v. Alegado, G.R. No. 93030-31, 21 August 1991
- Riano
- Torralba v. People, G.R. No. 153699, 22 August 2005