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FACTS: The trial court granted the petition and admitted petitioner to Philippine
citizenship. The State, however, through the Office of the Solicitor General, among
others for having failed to state all his former placer of residence in violation of C.A. No.
473, §7 and to support his petition with the appropriate documentary
evidence. Petitioner admits that he failed to mention said address in his petition, but
argues that since the Immigrant Certificate of Residence containing it had been fully
published, with the petition and the other annexes, such publication constitutes
substantial compliance with §7.
ISSUE: Whether or not the documents annexed by the State to its appelant’s brief
without having been presented and formally offered as evidence under Rule 132,
Section 34 of the Revised Rules on Evidence justified the reversal of of the Trial Court’s
decision.
HELD: YES. Decision of the Court of Appeals was affirmed. Petition was denied.
RATIO: It is settled that naturalization laws should be rigidly enforced and strictly
construed in favor of the government and against the applicant. [T]he rule of strict
application of the law in naturalization cases defeat petitioner’s argument of
“substantial compliance” with the requirement under the Revised Naturalization Law.
The reason for the rule prohibiting the admission of evidence which has not been
formally offered is to afford the opposite party the chance to object to their
admissibility. Petitioner cannot claim that he was deprived of the right to object to the
authenticity of the documents submitted to the appellate court by the State.
Sec. 2. Scope
2.a) Evidence in Civil cases vs. evidence in criminal cases
A- OBJECT EVIDENCE
Section 1. Definition of Object Evidence (memorize)
Tests for admissibility:
a) Relevancy
Tijing vs. CA, March 8, 2001 (facial similarity to prove kinship)
People vs. Rulepa, March 5, 2003 (appearance to establish age)
People vs. Ulzoron, March 2, 1998 (absence of marks of physical
violence)
Abalos vs. CA, Dec. 22, 1999 (absence of gun powder)
Read: Rule of DNA Evidence
b) Competency
Read: Art. III, Sec. 2 of the 1987 Philippine Constitution
“fruit of a poisonous tree doctrine”
Exceptions:
1) customs searches;
2) search of moving vehicles (Caballes vs. CA, 2002; Mustang
Lumber vs. CA, 257 SCRA 430);
3) checkpoints (PP vs. Balingan, GR No. 105834, Feb. 13,
1995)
4) routine airport procedures (PP vs. Johnson, 348 SCRA 526
(2000)
5) seizure of evidence in “plain view” (PP vs. Rolando Aspiras,
Feb. 12, 20012; PP vs. Que Ming Kha et. al, May 29, 2002,
PP vs. Valdez, Ibid; PP vs. Estella, Jan. 21, 2003
6) consented searches (PP vs. Compacion, 2002);
7) Search incidental to a lawful arrest; PP vs. Jerry Ting Uy,
April 11, 2002; PP vs. Cueno, 298 SCRA 621; PP vs. Catan,
Jan. 1992
8) "stop and frisk” situations (PP vs. Salayao, 262 SCRA 255
(1996); PP vs. Malmstedt, 1991); Manalili vs. CA, 1997);
9) Under Exigent and emergency circumstances (PP vs. De
Gracia, 233 SCRA 716)
10) Inspection of buildings and other premises to enforce safety,
sanitary and other building regulations;
11) Searches of vessels and aircraft for violation of immigration,
customs and drug laws (Hizon vs. CA, 1996)
8. Inspection of Buildings
About the plain view doctrine:(PP vs. Valdez, Sept. 25, 2005)
c) Authenticity:
1. Unique objects
2. Made unique
3. Non-unique objects
The Chain of Custody Rule: (Sec. 81(b), R.A. 9165, Dangerous Drugs
Board Regulation No.1, Series of 2002)
PP vs. Rivera, GR No. 182347, Oct. 2008
PP vs. Del Monte, G.R. No. 179940, April 2008
PP vs. Dela Cruz, G.R. No. 177222, Oct. 29, 2008
Sison vs. People, 250 SCRA 58 (who should identify photograph?)
Torralba vs. People, 467 SCRA 552 (2005): Proper authentication of
tape recording as an evidence
Veleroso vs. People, 546 SCRA 450 (2008): Is the presentation of
the firearm in illegal possession thereof indispensable?
Cacao vs. People, 610 SCRA 636 (2010); the corpus delicti in illegal
possession of firearm
B- DOCUMENTARY EVIDENCE
Sec. 2. Definition of documentary evidence
Requisites for Admissibility
Definition of documentary evidence under Electronic Evidence Rule
Requisites for admissibility of documentary evidence
PLDT vs. Tiamson, 474 SCRA 761 (2005); authentication of
computer printout
Erasusta vs. CA, 495 SCRA 319 (2006); CTC, is it conclusive
evidence of ownership over a parcel of land?
Sec. 3. The Best Evidence Rule (Memorize)
Arceo vs. People, GR No. 142641, July 17, (2006)
Magdayao vs. People, 436 SCRA 677
Consolidated vs. Del Monte Motor, 465 SCRA 117 (2005)
Gaw vs. Chua, GR No. 160855, April 16, 2008
Manila Mining vs. Tan, 578 SCRA 577 (2009)
Nissan vs. United Phil Scout, 618 SCRA 584 (2010)
Sy vs. CA, 330 SCRA 550
Marquez vs. Espejo, 629 SCRA 117 (2010)
People vs. Cayabyab, 465 SCRA 681 (2005)
People vs. Padilla, 601 SCRA 385 (2009)
Remierdo vs. People, 603 SCRA 274 (2009)
Abadiano vs. Martin, 560 SCRA 676 (2008)
People vs. Dimaano, 469 SCRA 647 (2005)
Lee vs. People, 440 SCRA662 (2004)
Llemos vs. Llemos, 513 SCRA 128 (2007)
Sec. 4. What is considered as the original
BPI vs. SMP, Inc., 609 SCRA 129 (2009)
Sec. 5. When the document is lost, destroyed or unavailable:
Requisites
Republic vs. Masongsong, 470 SCRA 574 (2005)
Pacasum vs. People, 585 SCRA 616 (2009)
Ramos vs. CA, 302 SCRA 589
Heirs of TeodoroDela Cruz vs. Court of Appeals, 289 SCRA 172
Sec. 6. When the original is in adverse party’s custody or control
Requisites
Magdayao vs. People (supra)
Sec. 7. When the document consist numerous accounts
Requisites:
CompaniaMaritima vs. Allied Free Workers Union, 77 SCRA 24
Sec. 8. When Original is a public record
Republic vs. El Gobierno, 459 SCRA 533 (2005)
Original of document under the Electronic Evidence Rule (Sec. 2,
Rule 4)
* MCC Industrial vs. Ssangyong GR No. 170633, Oct. 17, 2007
CHARACTER EVIDENCE
Sec. 51. Character Evidence
CSC vs. Belagan, 440 SCRA 578 (2004)
People vs. Lee, GR No. 139070, May 29, 2002
Sec. 1. Definition
Burden of Proof vs. Burden of Evidence
Sec. 2. Conclusive Presumptions (Doctrine of Estoppel)
Alvarez vs. Tangga-an, GR No. 128568, April 9, 2003
Eusebio vs. Tan, GR No. 125861, Sept. 09, 1998
Sec. 3. Disputable Presumptions
Pilipinas Bank vs. Glee Chemical, GR No. 148320