DOCUMENTARY EVIDENCE

Sec. 2. Documents as evidence consist of writing or any material

containing letters, words, numbers, figures or other modes of
written expressions offered as proof of their contents.

I. Kinds of Documentary Evidence

A. Writings or Paper Based Documents

B. “Or Any other material” refers to any other solid surface but
not paper such as blackboard, walls, shirts, tables, floor.

     1). As in a contract painted on the wall

     2). They include pictures, x-rays, videos or movies.

Note: Both kinds maybe handwritten, typewritten, printed,

sketched or drawings or other modes of recording any form of
communication or representation. Example: The Rebus, Secret
Codes.

C. Electronic Evidence pursuant to the Rules of Electronic

Evidence effective August 01, 2001. which provides :

1) Rule 3 section 1: “Electronic evidence as functional

equivalent of paper-based documents- Whenever a rule of evidence
refers to the term writing, document, records, instrument,
memorandum or any other form of writing, such term shall be
deemed to include an electronic document”.

 
2) “Electronic document” refers to information or to the
presentation of information, data, figures or symbols or other
modes of written expression, described or however represented, by
which a sight is established or an obligation extinguished, or by
which a fact  maybe proved and affirmed, which is received,
recorded, transmitted, stored, processed, retrieved or produced
electronically.

3) It includes digitally signed documents and any printout or

output, readable by sight or other means which accurately
reflects the electric data message or electronic document. For
purposes of these rules the term electronic document maybe used
interchangeably with ”electronic data message”

4). Rule 3 section 2: An electronic document is admissible in

evidence if it complies with the Rules of Admissibility
prescribed by the Rules of Court and related laws and is
authenticated in the manner prescribed by these rules.

i) There are three requirements for admissibility: relevancy,

competency and proper authentication.

D. Text messages are electronic evidence being ephemeral electric

communications. They maybe proven by the testimony of a person
who was a party to the same or who has personal knowledge thereof
such as the recipient of the messages ( Nunez vs. Cruz Apao  455
SCRA 288)

II. Rules governing the admissibility of documents include the

Best Evidence Rule and the Parole Evidence Rule.

 
SEC. 3. BEST EVIDENCE RULE
 

The General Rule:

‘‘ If the subject of inquiry is the contents of a document there

can be no evidence of the contents other than the original of the
document.”

I. Section 3 states the general rule when the original of a

document is to be presented and the four exceptions to the rule.
Hence the best evidence rule is often referred to loosely as the
“the Original Document rule”. It is thus a rule of preference in
that it excludes secondary evidence once the original is
available.

II. When the Original Is to Be Presented:

A. “If the subject of inquiry is the contents of the document”.

This means the cause of action or defense is based on what are
contained in the document i.e. the terms and conditions, the
entries, data or information written on the document. This means
the plaintiff is either enforcing a right based on, or created,
by a document or a party is seeking non-liability by virtue of
the contents of a document. Examples:

1. Enforcement of a contract, collection of money based on a

promissory note, damages for failure to comply with the terms of
a written agreement

2. Defense of release, payment, novation, condonation, as

embodied in a written document
3. In criminal cases: where the act complained of is made upon or
contained or evidenced by a document such as in falsification,
perjury, bigamy, malversation, estafa, issuance of a watered
check

B. When the rule does not apply even if an existing and available
original document is involved:

1. Generally if the contents were never disputed as in the

following:

a). when the question refers to the external facts about the
document such as whether it exists or not, whether it was
executed, sent, delivered or received

b). when the writing is merely a collateral fact, as when a

witness refers to a writing of a conversation which he heard and
then jotted down or when the writing is used merely as a point of
reference

c). when the contents were admitted

d). the writing is treated as an object

2. when there was failure to deny specifically under oath the due
execution and genuiness of the document ( Consolidated Bank vs.
Del Monte Motors, July 29, 2005)

III. Justifications for the rule.

1. To ensure accuracy and to avoid the  risk of mistransmission

of the contents of a writing arising from (i)  the need  of
precision in presenting to the court the exact words of a writing
specially in  operatative or dispositive  instruments such as
deeds, will and contracts, since a slight variation  in words may
mean a great difference in rights  (ii) substantial danger of
inaccuracy in the human process of making a copy  and (iii) as
respect oral testimony purporting to give from memory  the terms
of a writing, there is special risk of error.

2. To prevent the possibility of the commission of fraud or

perjury, or substitution 

IV. Illustrations

1. The Marriage Contract as to the date, place, the parties and

solemnizing officer

2. The Insurance Contract/Policy as to the coverage of the

insurance

3. The deed of sale as to the consideration, terms and conditions

of the sale

4. The lease contract as to the terms thereof

5. The sworn statement as to perjury

6. In case of libel based on a published article, the newspaper

containing the article

7. The certified copy of the original judgment of conviction to

prove the prior conviction to constitute recidivism or habitual
delinquency

V. The Gregorio Doctrine: In criminal cases of falsification, it

is indispensable that the judge have before him the document
alleged to have been simulated, counterfeited or falsified
unless:

 
1. The original is in the possession of the adverse party/accused
who refused to deliver or present the same despite demand

2. The original is outside of the Philippines and which, for

official reasons, cannot be brought to the Philippines. Example:
The originals are US Treasury Warrants which are with the US
Treasury Department in which case photostat copies are admitted 

 VI. The Rule may be waived expressly or by failure to object