Exercises created by Atty. Gerry T. Galacio; all rights reserved. You can freely use these exercises, but you must not upload
them to any website or the cloud. For comments, questions, corrections, or suggestions, email gtgalacio@yahoo.com
| [1] What is object or real evidence? | Objects as evidence are those addressed to the senses of the court. (Sec. 1) |
| [2] When can the court examine or view object evidence? | When an object is relevant to the fact in issue, it may be exhibited to, examined or viewed by the court. (Sec. 1) |
| [3] What is documentary evidence? | Documents as evidence consist of writings or any material containing letters, words, numbers, figures, symbols or other modes of written expressions offered as proof of their contents. (Sec. 2) |
| [4] What is the “best evidence rule?” | When the subject of inquiry is the contents of a document, no evidence shall be admissible other than the original document itself, subject to certain exceptions (Sec. 3) |
| [5] Complete the following: Exception to the best evidence rule “When the original has been lost or destroyed, or cannot be produced in court, ____________________;” | “When the original has been lost or destroyed, or cannot be produced in court, without bad faith on the part of the offeror;” |
| [6] Complete the following: Exception to the best evidence rule “When the original is in the custody or under the control of the party ____________________, and the latter ____________________;” | “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;” |
| [7] Complete the following: Exception to the best evidence rule “When the original consists of __________ or other documents which cannot be examined in court without __________ and the fact sought to be established from them is only the ___________;” | “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;” |
| [8] Complete the following: Exception to the best evidence rule “When the original is a ____________________ or is recorded in a public office.” | “When the original is a public record in the custody of a public officer or is recorded in a public office.” |
| [9] What is the original of a document? | The original of a document is one the contents of which are the subject of inquiry. (Sec. 4, a) |
| [10] Complete the following: “When a document is in two or more copies ____________________, with ____________________, all such copies are equally regarded as originals.” (Sec. 4, b) | “When a document is in two or more copies executed at or about the same time, with identical contents, all such copies are equally regarded as originals.” (Sec. 4, b) |
| [11] Complete the following: “When an entry is repeated in the ____________________, one being copied from another ____________________, all the entries are likewise equally regarded as originals” (Sec. 4, c) | “When an entry is repeated in the regular course of business, one being copied from another at or near the time of the transaction, all the entries are likewise equally regarded as originals” (Sec. 4, c) |
| [12] Complete the following: Secondary Evidence “When the original document has been lost or destroyed, or cannot be produced in court, the offeror, upon proof of its __________ and the __________ without bad faith on his part, may prove its contents by a copy, or by a ____________________, or by the __________ in the order stated.” (Sec.5) | “When the original document has been lost or destroyed, or cannot be produced in court, the offeror, upon proof of its execution or existence and the cause of its unavailability without bad faith on his part, may prove its contents by a copy, or by a recital of its contents in some authentic document, or by the testimony of witnesses in the order stated.” (Sec.5) |
| [13] When the original document is unavailable, what are the three ways the offeror can prove its contents? | The offeror may prove its contents by: (1) a copy, or (2) a recital of its contents in some authentic document, or (3) the testimony of witnesses. (Sec. 5) |
| [14] The original document is in the adverse party's custody or control. When can secondary evidence be presented? | The adverse party must have reasonable notice to produce it. If after notice and after satisfactory proof of its existence, he fails to produce the document, secondary evidence may be presented as in the case of its loss. (Sec. 6) |
| [15] When the original of a document is in the custody of a public officer or is recorded in a public office, how can its content be proved? | Its contents may be proved by a certified copy issued by the public officer in custody of the document. (Sec.7) |
| [16] Complete the following: “A party who calls for the production of a document and inspects the same is ____________________.” (Sec. 8) | “A party who calls for the production of a document and inspects the same is not obliged to offer it as evidence.” (Sec. 8) |
| [17] What is the “parol evidence rule”? | When the terms of an agreement have been reduced to writing, it is considered as containing all the terms agreed upon and there can be, between the parties and their successors in interest, no evidence of such terms other than the contents of the written agreement. (Sec. 9) |
| [18] Complete the following: Exception to the parol evidence rule However, a party may present evidence to modify, explain or add to the terms of the written agreement if he puts in issue in his pleading: (a) An ____________________ in the written agreement; | (a) An intrinsic ambiguity, mistake or imperfection in the written agreement; |
| [19] Complete the following: Exception to the parol evidence rule However, a party may present evidence to modify, explain or add to the terms of the written agreement if he puts in issue in his pleading: (b) The failure of the written agreement to express the ____________________ of the parties thereto; | (b) The failure of the written agreement to express the true intent and agreement of the parties thereto; |
| [20] Complete the following: Exception to the parol evidence rule However, a party may present evidence to modify, explain or add to the terms of the written agreement if he puts in issue in his pleading: (c) The __________ of the written agreement; or | (c) The validity of the written agreement; or |
| [21] Complete the following: Exception to the parol evidence rule However, a party may present evidence to modify, explain or add to the terms of the written agreement if he puts in issue in his pleading: (d) The existence of other terms agreed to by the parties or their successors in interest ____________________. | (d) The existence of other terms agreed to by the parties or their successors in interest after the execution of the written agreement. |