The Consolidated Bank and Trust Corporation (Solidbank) v. Del Monte Works, Inc.

,
Narciso Morales and Spouse (2005)

FACTS:

Respondent Del Monte Works incurred a debt from Solidbank. The debt was evidenced

by a promissory note. The obligation to pay became due and demandable but Del Monte Works

did not pay.

Solidbank filed a case against the respondent for the collection of sum of money. One of

the evidences presented in the photocopy of the promissory note.

*Contention of Respondent: In its answer, it averred that the promissory note is void because it

has no consideration. The photocopy of the promissory note must not be admitted because it is a

mere hearsay for not complying with the Best Evidence Rule.

The RTC immediately denied the presentation of the photocopied promissory note.

HELD:

The petition is meritorious. The Best Evidence Rule does not apply in this

case thats why a secondary or photocopied evidence may be admitted.

It should be noted that respondents never disputed the terms and conditions
of the promissory note thus leaving us to conclude that as far as the parties herein
are concerned, the wording or content of said note is clear enough and leaves no
room for disagreement.