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BEST EVIDENCE

RULE
History and description
The best evidence rule has its origins in the 18th century case
Omychund v Barker (1745) 1 Atk, 21, 49; 26 ER 15, 33. Wherein
Lord Harwicke stated that no evidence was admissible unless it
was "the best that the nature of the case will allow".[2][3]
According to Blackstone's Criminal Practice the best evidence
rule in England and Wales as used in earlier centuries "is now
all but defunct".[4] Lord Denning MR says that "nowadays we
do not confine ourselves to the best evidence. We admit all
relevant evidence. The goodness or badness of it goes only to
weight and not to admissibility."[5]
In the United States Federal courts the best evidence rule is part
of Article X of the Federal
Rules of Evidence (Rules 1001-1008).[6] The rule specifies
the guidelines under which one of the parties of a court
case may request that it be allowed to submit into evidence
a copy of the contents of a document, recording or
photograph at a trial when the "original document is not
available."[6][7] If the party is able to provide an
acceptable reason for the absence of the original then
"secondary evidence" or copies of the content in the
original document can be admitted as evidence. The best
evidence rule is only applied in situations in which a party
attempts to substantiate a non-original document
submitted as evidence during a trial.[7] Admissibility of
documents before state court systems may vary.
( Wikipedia )
1. BEST EVIDENCE RULE
(Primary Evidence Rule)
Best evidence rule. states that when the subject of inquiry is
the contents of a documents, no evidence shall be admissible
other than the original of the document itself, except in any of
the cases provided for in Sec. 3 of Rule 130 (Claveria v.
Quingco 207 SCRA 1992 case).
The best evidence refers to that which the law or the rules
consider as the best evidence to prove the fact in dispute.
The best evidence is the evidence which the case in its nature is
susceptible and which is within the power of the party to
produce.
Test of application
Best evidence rule is applicable when the subject of
inquiry is the contents of the documents, the there is
no admissible evidence to prove its contents except the
presentation of original evidence, except as allowed by
the rule, while the Parole Evidence rule applies that
when the agreement is reduced in writing, no
evidence aliunde that is admissible to modify, change
or alter the agreement of the parties, except those
allowed by the rule.
Purpose of the best evidence rule:
Is the prevention of fraud (29 AM Jur. 508-509).
Photocopy of document is inadmissible pursuant to the best
evidence rule (Heirs of Severa P. Gregorio v CA 300 SCRA
565).

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