CHAPTER XII: Documentary Evidence
appropriate certificate that such officer has the
Documentary evidence consist of writing or any
material containing letters, words, numbers,
figures, symbols, or other modes of written
expressions offered as proof of their content.
If document is written in an unofficial language it is
not admissible unless accompanied by translation in
official language which is made or done by one who
is qualified and competent and to avoid interruption
it should be prepared before the trial.
Public Document: written acts or records of the
sovereign authority or official bodies and tribunals,
and public officers whether of the PH or of a foreign
country; documents acknowledged before a notary
public except last will and testaments; public
records, kept in the PH of private documents
required by law to be entered therein.
Private Documents are all other documents which
are not embraced in the definition of public writings
just given.
Only those acknowledged notarial documents are
public documents.
Public documents needs not to be authenticated to
prove due execution and genuineness.
Documents consisting of entries in public records
made in the performance of duty by a public officer
are prima facie evidence of the facts stated therein.
Distinction of public and private documents:
As to authenticity: public documents are
admissible evidence without proof of their due
execution or genuineness while private documents
must be proved before the may receive in evidence.
As to persons bound: public documents are
evidence even against a third person of the fact
which gave rise to their due execution and the date
of the latter while private documents bind only the
parties who executed them or their privies insofar
as due execution and date of the document are
concerned.
As to validity of certain transactions: the
substantive law requires that certain transaction
must be in public documents otherwise they will not
be given any validity.
Public record of a private document: an authorized
public record of a private document may be proved
by the original record or by a copy thereof attested
by the legal custodian of the record with an
custody.
Irremovability of public record: any public record,
an official copy of which is admissible in evidence
must not be removed from the office in which it is
kept, except upon order of a court where the
inspection of the record is essential to the just
determination of a pending case.
Proof of lack of record: a written statement signed
by an officer having a custody of an official record or
by his deputy that after diligent search no records or
entry of as specified tenor is found to exist in the
records of his office, accompanied by a certificate as
above provided, is admissible evidence that the
records of his office contain no such record or entry.
Private Documents: every deed or instrument
executed by a private person without the
intervention of a public notary or other person
legally authorized by which document some
disposition or agreement is proved, evidence is set
forth.
Before private documents is receive as evidence its
due execution and genuineness must be proved,
hence if there is no proof, such is excluded.
Exceptions:
Ancient Documents: documents which are more
than 30 years old in which it would naturally be
found if genuine, no authenticity is needed to be
given.
Acknowledged private writings: every documents
acknowledged or proved and certified as provided
by law, may be presented in evidence without
further proof, the certificate of acknowledgement
being prima facie evidence of the instrument or
documents involved. An acknowledge deed or other
instrument is one to which attached a certificate of
a notary public, commissioner of deeds or other
officer designated by statute that the person
executed such appeared personally before the said
officer and acknowledged that he execute the same.
Documents admitted to have been executed by
adverse party: no authentication need if admitted
by adverse party.
How due execution and authenticity proved: either
by anyone who saw the document executed or by
evidence of the genuineness of the signature of the
maker.
Alteration in the document: the party producing
the document which has been altered and appears
to be altered after its execution, must account for
the alteration. He may show that alteration was
made by another without his concurrence or was
made with the consent of the parties affected by it
or was otherwise properly or innocently made, or
that alteration did not change the meaning or
language of the instrument, if he fails to do that then
not be admissible. He must explain any alteration
during the presentation of the document. It must be
stressed that there shall be no difference between
sealed and unsealed private documents insofar as
their admissibility as evidence is concerned.
Best Evidence Rule:
General Rule: no evidence shall be admissible other
than the original document itself.
Exception to the GR:
- if original has been lost, destroyed or cannot be
produced in court without the bad faith on the part
of the offeror
- when original is in the custody or under control of
the party against whom the evidence is offered and
the latter fails to produce it after reasonable notice
- when original consist of numerous accounts or
other documents which cannot be examined in
court without great loss of time.
- when the original is a public record in the custody
of a public officer.
Secondary Evidence Rule: any evidence other than
the document itself.
Before contents of the original may be proved by
secondary evidence, Satisfactory Proof must be
made:
- execution and existence of the original
- loss and destruction of the original or its non
production in court
- unavailability of the original is not due to bad faith
on the part of the offeror.
Execution: accomplishment of a thing, the
completion of the instrument
Secondary evidence may consist of a copy, or by a
recital of its contents in some authentic document
or by the testimony of witnesses in the order stated.
A true copy of the original may be shown by the
testimony of a person who has the opportunity to
compare the copy with the original and found it to
be correct, or that the original was read to him by
another person while he read the copy fund to be in
corresponded with what was read to him or a
certified copy issued by the public officer when the
original is in her custody or recorded in a public
office.
In order that the contents of a document in the
possession of the adverse party may be proved by
secondary evidence, the following facts must be
shown by the party offering the secondary evidence:
- opponent’s custody or control of the original
document
- reasonable notice was given to the adverse party
who has the custody or control of the document
- satisfactory proof of its existence
- failure or refusal by the adverse party to produce
it in court.
Parole Evidence Rule: when the parties reduced
their agreement in writing, it is presumed that they
have made the writing only repository and
memorial of truth, and whatever is not found in the
writing must be understood to have been waiver or
abandoned.
Parole Evidence is admissible when following is put
in issue in the pleading:
- intrinsic ambiguity, mistake or imperfection in the
written agreement
- failure of the written agreement to express the
true intent and agreement of the parties
- the validity of the written agreement or existence
of other terms agreed by the parties
Intrinsic Ambiguity: uncertainty which does not
appear on the face of the instrument but which is
shown to exist for the first time by matter outside
the writing
Mistake: To justify the reformation of a written
instrument upon the found of mistake, the
concurrence of three is necessary:
- mistake should be facts
- mistake should be mutual or common to both
parties to the instrument
- mistake should alleged and proved by clear and
convincing evidence.
Imperfection: Exception where oral evidence may
be admitted as when the writing is erroneous,
imperfect or fails to express the true intent and
agreement of the parties.
Failure to Express True Agreement: if written
contract is ambiguous or obscure in terms it may be
received to enable the court to make a proper
interpretation of the instrument.
Validity of Written Agreement: