VII.

DOCUMENTARY EVIDENCE

1. What is documentary evidence?

Section 2. Documentary evidence. – Documents as evidence

consist of writings, recordings, photographs or any material
containing letters, words, sounds, numbers, figures, symbols, or their
equivalent, or other modes of written expression off ered as proof of
their contents. Photographs include still pictures, drawings, stored
images, x-ray fi lms, motion pictures or videos.

2. How would you classify the various documentary evidence as stated

in the 2019 amended rules?

Documentary evidence consists of writings, recordings,

photographs or any material containing letters, words, sounds,
numbers, figures, symbols, or their equivalent, or other modes of
written expression offered as proof of their contents. The
amendments included “recording,” “sound” and “photographs” in the
definition of documentary evidence so long as it is offered as proof of
its contents (Section 2, Rule 130 of the Rules of Court). Photographs
include still pictures, drawings, stored images, x-ray films, motion
pictures or videos. Traditionally, photographs, x-ray films, video and
similar paraphernalia were considered as object evidence; however,
as per the amendments these are now considered as documentary
evidence.

3. What is the foremost consideration in determining if a piece of

evidence is being offered as documentary evidence?

When the document is offered as a proof of its consent, it is

considered as a documentary evidence.

4. How does a judge appreciate documentary evidence?

The judge appreciate the documentary evidence when it
is relevant, authenticated and formally offered in evidence.

5. What is a document?
A document is a deed, instrument or other duly notarized paper
by which something is proved, evidenced or set forth (Regalado,
2008).

6. Is a document the same as an instrument?

No.

An instrument is a written legal document that records

the formal execution of legally enforceable acts or agreements, and
secures their associated legal rights, obligations, and duties.

However, any instrument notarized by a notary public

or a competent public official, with the solemnities required by law,
is a public document. Pleadings filed in a case and in the custody of
the clerk of court are public documents. All other documents are
private documents (Bermejo vs. Barrios, 31 SCRA 764).
7. What is the Best Evidence Rule?

The best evidence rules states that when the subject of

inquiry is the contents of a document, writing, recording, photograph
or other record, no evidence is admissible other than the original
document itself subject to exceptions. (SEC 3, RULE 130)

The Best Evidence Rule is that which requires the highest

grade is evidence obtainable to prove a disputed face. In requiring
the production of the best evidence applicable to each particular fact
it means that no evidence shall be received which is merely
substitutionary in its nature so long as the original evidence can be
had they should have been rejected altogether unworthy of any
probative value at all, being incompetent pieces of evidence. (Arroyo
v House of Representatives Electoral Tribunal GR Np 118697 1995)

8. What is the Original Document Rule?

The title of the Rule “Best Evidence Rule” was changed

to “Original Document Rule” in the 2019 Amendments to the
1989 Revised Rules on evidence.

9. What are the requisites for the application of the Original Document
Rule?

Requisites for the applicability of the Best Evidence Rule

1. The subject matter must involve a document; and
2. The subject of the inquiry is the contents of the document.

10. What is the original of a document?

An “original” of a document is the document itself or

any counterpart intended to have the same effect by a person
executing or issuing it. An “original” of a photograph includes
the negative or any print therefrom. If data is stored in a
computer or similar device, any printout or other output
readable by sight or other means, shown to reflect the data
accurately, is an “original.” (Sec 4)

11. What is the duplicate of a document?

A “duplicate” is a counterpart produced by the same

impression as the original, or from the same matrix, or by
means of photography, including enlargements and
miniatures, or by mechanical or electronic re-recording, or by
chemical reproduction, or by other equivalent techniques
which accurately reproduce the original.
12. What is the rule on the admissibility of the original and a duplicate of
a document? What are the exceptions to this rule?

The Rule dispenses with the presentation of the original in court

when:

(a) the original is lost or destroyed;

(b) the original is in the custody or under the control of the other
party;
(c) the original of the document is a public record; and
d) the original consists of numerous accounts which cannot be
examined without great loss of time and the fact to be
established is only the general result of the whole.

The amendment added two exceptions, which are: (a) the original
cannot be obtained by local judicial processes or procedures; and
(b) the original is not closely related to a controlling issue in the
case (Section 3, Rule 130 of the Rules of Court). The requirement
of presenting the original document for examination in court is not
necessary when the party in possession disregards the court
processes, or if the contents of the document is not in issue.

A duplicate is admissible to the same extent as an original unless

(1) a genuine question is raised as to the authenticity of the original,
or (2) in the circumstances, it is unjust or inequitable to admit the
duplicate in lieu of the original. (Sec 4C Rule 130)

13. What is secondary evidence?

It refers to evidence other than the original instrument or

document itself. It is the class of evidence that is relevant to the fact
in issue, it being first shown that the primary evidence of the fact is
not obtainable. It performs the same functions as that of primary
evidence (EDSA Shangri-La Hotel and Resort, Inc. v. BF
Corporation, G.R. Nos. 145842 & 145873, June 27, 2008; Francisco,
1992).

14. What are the requisites for the introduction of secondary

documentary evidence?

Requisites before the contents of the original document may be

proved by secondary evidence (“laying the basis”)

The offeror must prove the following:

1. Execution or existence of the original document;

2. The cause of its unavailability; and
 3. The unavailability of the original is not due to bad
faith on his part (Sec. 5, Rule 130).

15. What are the requisites for the presentation of a summary of a

document?
Summaries. – When the contents of documents,
records, photographs, or numerous accounts are
1. voluminous and cannot be examined in court
without great loss of time, and
2. the fact sought to be established is only the general
result of the whole

16. May a party who requested for the production of a document under
Rule 27 be obliged to offer the same in evidence?

No.
Rule 130 Presupposes that the document to be produced is
intended as evidence for the proponent who is presumed to have
knowledge of its contents while Rule 27 contemplates a situation
wherein the document is either assumed to be favorable to the party
in possession thereof or that the party seeking its production is not
sufficiently informed of the contents of the same.

17. What is parol evidence?

Parol Evidence means something oral or verbal but. With
reference to contracts, it means extraneous evidence or evidence
aliunde (Black’s Law Dictionary)

18. What is the Parol Evidence Rule?

The parol evidence rule forbids any addition to or contradiction of the

terms of a written agreement by testimony or other evidence
purporting to show that different terms were agreed upon by the
parties, varying the purport of the written contract. (Edrada vs
Ramos, GR No. 154413 2005)

General Rule: When the terms of an agreement have been reduced

to writing, it is considered as containing all the terms agreed upon
and there can be, as between the parties and their successors in
interest, no evidence of such terms other than the contents of the
written agreement.