BEST EVIDENCE RULE

(ORIGINAL DOCUMENTS RULE)

 MEANING
- The best evidence rule provides that when the subject of
inquiry is the contents of a document, the best evidence
thereof is the original document itself and other evidence is
not admissible, subject to exceptions.

- Also known as the original documents rule.

- Applies only when:

1. Subject matter involves a document
2. Subject of the inquiry is the contents of the document
 AIR FRANCE v. CARRASCOSO, 18 SCRA 155
Facts:
Mr. Carrascoso took an Air France flight from Manila to
Rome. While on a stop-over in Bangkok, he was forcibly
transferred from the first class to the tourist class in order to
make way for “a white man.” Mr. Carrascoso resisted his
transfer and a commotion occurred on board the plane.
The purser recorded the incident in his notebook. Mr.
Carrascoso sued Air France.
 AIR FRANCE v. CARRASCOSO, 18 SCRA 155
During the trial, Mr. Carrascoso testified that the purser
recorded the incident in his notebook and then read out the
entry to him: “First-class passenger was forced to go to the
tourist class against his will, and the captain refused to
intervene.”
Air France’s counsel moved to strike out the statement
on the ground that the best evidence would be the notebook.

Issue:
Should the court grant the motion to strike?
 AIR FRANCE v. CARRASCOSO, 18 SCRA 155
Ruling:
No, the court should not grant the motion. The best
evidence rule applies when the subject matter of inquiry is the
contents of the document. Here, the subject of inquiry is not
the contents of the notebook, but the purser’s statement to
Mr. Carrascoso.
Otherwise put the best evidence rule applies only to
documentary evidence but not to testimonial or oral evidence.
 PURPOSE
The copy of the original is not as reliable as the original
itself because of the possible inaccuracy in the process
of copying and the danger of erroneous transmission of
the original.
 EXCEPTIONS
1. Lost or destroyed, or cannot be produced in court without
bad faith on the part of the offeror.
2. Custody or control of the adverse party and he fails to
produce despite reasonable notice.
3. Accounts which are numerous and cannot be examined
without great loss of time and the fact sought to be
established is only the general suit of the whole.
4. Public record in the custody of a public officer or is
recorded in a public office.
1. When original document is unavailable
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, Rule 130)
2. When in adverse party’s custody/control
If the document is in the custody or under the control of
the adverse party, he must have reasonable notice to produce
it. If after such 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,
Rule 130)
3. When original consists of numerous
accounts
The determination by the court that the production of
the original writings and their examination would result in
great loss of time or impracticable considering that the
evidences desired from the whole like a summary of accounts.
4. When original document is a public record
When the original of a document is in the custody of a
public officer or is recorded in a public office, its contents may
be proved by a certified copy issued by the public officer in
custody thereof. (Sec. 7, Rule 130)