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Documentary Evidence

PUBLIC DOCUMENTS:
Section 19. Classes of Documents. — For the purpose of their presentation evidence, documents are either public or private.
Public documents are:
(a) The written official acts, or records of the official acts of the sovereign authority, official bodies and tribunals, and public officers,
whether of the Philippines, or of a foreign country;
(b) Documents acknowledge before a notary public except last wills and testaments; and
(c) Public records, kept in the Philippines, of private documents required by law to the entered therein.
All other writings are private

Sec. 23. Public documents as evidence – 1st sentence - Documents consisting of entries in public records made in the performance
of a duty by a public officer are prima facie evidence of the facts therein stated.
Sec. 30. Proof of notarial documents. — Every instrument duly acknowledged or proved and certified as provided by law, may be
presented in evidence without further proof, the certificate of acknowledgment being prima facie evidence of the execution of the
instrument or document involved.

Sec. 24. Proof of official record. — The record of public documents referred to in paragraph (a) of Section 19, when admissible
for any purpose, may be evidenced by an official publication thereof or by a copy attested by the officer having the legal custody
of the record, or by his deputy, and accompanied, if the record is not kept in the Philippines, with a certificate that such officer has the
custody. If the office in which the record is kept is in foreign country, the certificate may be made by a secretary of the embassy or
legation, consul general, consul, vice consul, or consular agent or by any officer in the foreign service of the Philippines stationed in
the foreign country in which the record is kept, and authenticated by the seal of his office.

Copy Attestation (Local and Foreign)


Sec.25 - What attestation of copy must state. — Whenever a copy of a document or record is attested for the purpose
of evidence, the attestation must state, in substance, that the copy is a correct copy of the original, or a specific part thereof,
as the case may be. The attestation must be under the official seal of the attesting officer, if there be any, or if he be the clerk
of a court having a seal, under the seal of such court.

Sec. 23. Public documents as evidence – 2nd sentence - All other public documents are evidence, even against a third person, of
the fact which gave rise to their execution and of the date of the latter.
Sec. 30. - Proof of notarial documents. — Every instrument duly acknowledged or proved and certified as provided by law, may be
presented in evidence without further proof, the certificate of acknowledgment being prima facie evidence of the execution of the
instrument or document involved.
Section 28. Proof of lack of record. — A written statement signed by an officer having the custody of an official record or by his
deputy that after diligent search no record or entry of a specified tenor is found to exist in the records of his office, accompanied by a
certificate as above provided, is admissible as evidence that the records of his office contain no such record or entry. (29)

Section 29. How judicial record impeached. — Any judicial record may be impeached by evidence of: (a) want of jurisdiction in the
court or judicial officer, (b) collusion between the parties, or (c) fraud in the party offering the record, in respect to the proceedings.
(30a).

PRIVATE DOCUMENTS:

1. Authentic
 Due execution
 Authenticity
Section 20. Proof of private document. — Before any private document offered as authentic is received in evidence,
its due execution and authenticity must be proved either:

(a) By anyone who saw the document executed or written; or

(b) By evidence of the genuineness of the signature or handwriting of the maker.

Any other private document need only be identified as that which it is claimed to be.

Section 22. How genuineness of handwriting proved. — The handwriting of a person may be proved by any witness
who believes it to be the handwriting of such person because he has seen the person write, or has seen writing purporting to
be his upon which the witness has acted or been charged, and has thus acquired knowledge of the handwriting of such person.
Evidence respecting the handwriting may also be given by a comparison, made by the witness or the court, with writings
admitted or treated as genuine by the party against whom the evidence is offered, or proved to be genuine to the satisfaction
of the judge.
Rule 130 Section 49. Opinion of expert witness. — The opinion of a witness on a matter requiring special knowledge, skill,
experience or training which he shown to posses, may be received in evidence.

2. Not Authentic

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