Object (Real) Evidence – Rule 130

Requisites for Admissibility

Object or real evidence is evidence that is addressed to the senses of the court. It involves the actual physical object presented in court that is directly relevant to the case. Rule 130 of the Rules of Court governs its admissibility.

For object evidence to be admissible, the following requisites must be satisfied:

1. Relevance

The object evidence must be material and relevant to the issue being litigated. It must prove or disprove a fact in issue.
Test of relevance: Would the evidence make the fact in question more or less probable than it would be without the evidence? (Section 3, Rule 128)

2. Competence

The object evidence must not violate any exclusionary rule or prohibition under the law.
Examples of exclusionary rules:
- Illegally obtained evidence: Evidence obtained in violation of constitutional rights (e.g., warrantless search and seizure in violation of the Bill of Rights).
- Privileged communications: Objects protected by lawyer-client, physician-patient, or other legal privileges.

3. Proper Authentication

The object must be properly identified and authenticated as the same item involved in the controversy.
- Authentication entails proving that the object is what the proponent claims it to be.
- Chain of custody: Particularly important in cases involving drugs or weapons, where strict procedures must ensure the integrity of the evidence from the time it was seized until its presentation in court.

4. Integrity of the Evidence

The object must be in substantially the same condition at the time of its presentation in court as it was when the events in question occurred.
- No substantial alteration: If the evidence has been tampered with or altered, its probative value is compromised.
- If the condition of the object has changed, it must be shown that the alteration does not affect its probative value or relevance.

5. Formal Offer of Evidence

The object evidence must be formally offered as evidence in court (Section 34, Rule 132).
- The purpose for which the evidence is being offered must be clearly stated.
- If the evidence is not formally offered, it cannot be considered by the court.

6. Rule Against Prejudice

The probative value of the evidence must outweigh its prejudicial effect.
- If the evidence is more likely to mislead or confuse the court or unduly influence the jury, it may be excluded under Rule 403 of the Rules of Evidence.

Illustrative Case Applications

Drugs (Dangerous Drugs Act Cases):
- Chain of custody is critical in drug-related cases. The prosecution must demonstrate an unbroken chain of custody of the seized drugs from apprehension, inventory, laboratory examination, and presentation in court.
Weapons (Homicide or Murder Cases):
- The firearm or weapon must be authenticated as the one used in the commission of the crime, with supporting testimonies or corroborative evidence.
Clothing or Physical Marks:
- If clothing or physical objects are presented as evidence (e.g., torn clothing to prove struggle in a rape case), proper identification by witnesses who have seen or handled the items during the incident is necessary.

Prohibition of Illegally Obtained Evidence (Fruit of the Poisonous Tree Doctrine)

Evidence obtained in violation of constitutional rights (e.g., unreasonable search and seizure) is inadmissible.
Article III, Section 3(2) of the Constitution: "Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding."

Distinction from Documentary and Testimonial Evidence

Unlike documentary evidence, which is presented in writing, or testimonial evidence, which is oral, object evidence appeals directly to the senses of the court.
It may be accompanied by testimonial evidence for authentication.

Applicable Rules under Philippine Law

Rule 130, Section 1: Provides for the general provisions on evidence.
Section 3, Rule 128: Relevance of evidence.
Rule 132, Sections 34 and 36: Requirements for the formal offer of evidence and authentication.
Constitutional protections under Article III, Bill of Rights.

By adhering to the above principles, object evidence becomes a crucial tool in judicial proceedings, ensuring that it contributes to the determination of the truth without violating legal standards.