DOCUMENTARY EVIDENCE

The 2019 Amendments expanded the concept of what a DOCUMENT is.

Click the link to listen to Atty. Tranquil Salvador's lucid explanation of Sections 3 and 4
on the concept of a "document" and the "original" of a document. Skip to 32:20 until
52:03
Concept of a "document" and "original" of a document. (Links to an external site.) 
 

ORIGINAL DOCUMENT RULE

Watch Atty. Ed Reyes' lecture below for an overview of the original document rule.
Original Document Rule (Links to an external site.)
Restating the 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. Thus goes the ORIGINAL
DOCUMENT RULE stated in Section 3.
The amendments did away with the misleading term, best evidence rule because it falsely
suggests that the best evidence rule applies to all types of evidence. To  be accurate,
the best evidence rule, now known as the ORIGINAL DOCUMENT RULE, applies only to
DOCUMENTARY EVIDENCE. 
 
When is the original presented?
When the subject of inquiry is the content/s 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 bogus check
 
When does the rule not apply even if an existing and available original document is
involved:
1. Generally if the contents were never disputed. Examples:
     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
genuineness of the document ( Consolidated Bank vs. Del Monte Motors, July 29, 2005)
 
Reasons for adopting the ORIGINAL DOCUMENT RULE: The original document rule
was adopted for the following reasons:
1. To ensure that the contents of a writing are accurate.
NOTE: Precision is key. The exact words of a writing especially in  operative or
dispositive  documents such as deeds, will and contracts matter since a slight variation
in words may mean a great difference in rights. In addition, human memory is fallible and
human error ever present in making a copy. These are the risks sought to be prevented
by the ORIGINAL DOCUMENT RULE.
2. To prevent fraud, perjury, or substitution. 
 
MODULE 3 will explore SECONDARY EVIDENCE, PAROL EVIDENCE RULE and the
rules on the interpretation of documents.