You are on page 1of 1

Evidence; Documentary Evidence; Best Evidence Rule; 

Before a party is allowed to adduce secondary evidence to prove the contents of the
original, it is imperative that the offeror must prove: (1) the existence or due
execution of the original; (2) the loss and destruction of the original or the reason
for its non-production in court; and (3) on the part of the offeror, the absence of bad
faith to which the unavailability of the original can be attributed. Hence, the correct
order of proof is existence, execution, loss, and contents. 

In this case, the Sandiganbayanobserved that the Republic failed to introduce either


the original or the certified true copies of the documents during its examination-in-
chief for purposes of identification, marking, authentication and comparison with
the copies furnished the Sandiganbayan and the adverse parties. When
the Sandiganbayan inquired as to whether the Republic will present the original or
certified true copies of its documentary exhibits, the Republic answered that it will
do so, if necessary, as the originals are kept in the Central Bank vault. Despite
knowledge of the existence and whereabouts of the documents’ originals, the
Republic still failed to present the same and contented itself with the presentation of
mere photocopies. Neither was there any showing that the Republic exerted diligent
efforts to produce the original. (Republic vs. Cuena)

You might also like