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DOCUMENTARY EVIDENCE CASES - Coggle Diagram
DOCUMENTARY EVIDENCE CASES
Yap v. Inopiquez
- judge ordered release even though there's no bail bonds. Testimony of clerk not believed.
It is a basic rule of evidence that between documentary and oral evidence, the former carries more weight.
BEST EVIDENCE RULE
People v. Tandoy
- xerox copy of marked money in drug case
The best evidence rule applies ONLY when the contents of the document are the subject of inquiry.
Heirs of Prodon v. Heirs of Alvarez
- quieting of title; failed to exercise repurchase
*As an exception to the best evidence rule, the offerror can present secondary evidence if he/she proves:
The existence and due execution of the original
The loss and destruction of the original, or the reason for its non-production in court
The absence of bad faith on the part of the offeror*
People v. Tan
- carbon copies of invoices are admissible
It is a settled rule that duplicates, or triplicates are admissible.
Under Rule 130.4, a carbon copy is admissible as evidence and has the same probative value as the original. It does not require accounting of the non-production of the original.
Arceo v. People
- best evidence rule not applicable
The gravamen of a violation of BP 22 is the act of drawing and issuing a worthless check.
Hence the subject of inquiry is the issuance and execution of the check, and not its contents.
ADMISSION OF SECONDARY EVIDENCE
CUSTODY OF ADVERSE
Villa Rey Transit v. Ferrer
- failed to prove the exceptions under Rule 130.5:
*1. opponent's possession of the original
reasonable notice to opponent to produce the original
satisfactory proof of its existence
failure or refusal of opponent to produce the original in court*
Magdayao v. People
- check for 600k
the mere fact that the original is in the custody/control of the adverse party does not warrant admission of secondary evidence because:
The offeror must prove that he has done all in his power to secure the best evidence by giving notice to the adverse party to produce the document
The notice may be in the form of a motion or made in open court or via subpoena duces tecum provided that the adverse party has sufficient time to produce the same
LOSS
Citibank v. Teodoro
- photocopies not admissible
*Before a party is allowed to adduce secondary evidence to prove the contents of the original sales invoices, the offeror must prove:
existence or due execution of the original
loss and destruction of the original or the reason for its nonproduction in court
the absence of bad faith to which the unavailability of the original can be attributed*
The correct order of proof is: existence, execution, loss and contents.
Consolidated Bank v. Del Monte
when the defendant fails to deny specifically and under oath the due execution and genuineness of a document copied in a complaint, the plaintiff need not prove that fact as it is considered admitted by the defendant.
Lee v. People
Where the missing document is the foundation of the action, more strictness in proof is required than where the document is only collaterally involved.
Heirs of Dela Cruz v. CA
Before secondary evidence can be presented, all duplicates and/or counterparts must be accounted for.
Failure to object to the presentation of secondary evidence renders it as primary evidence which is admissible.
VOLUMINOUS
Compania Maritima v. Allied Free Workers
When the original consists of numerous accounts or other documents which cannot be examined in court without great loss of time, and the fact sought to be established from them is the general result of the whole, the original writings need not be produced.
In order for the rule to apply, the voluminous character of the records must be duly established.
Republic v. Mupas
there’s a condition precedent to the admission of a summary of numerous documents: the proponent must lay a proper foundation for the admission of the original documents on which the summary is based.
The proponent must prove that the source documents being summarized are also admissible if presented in court. The source documents must be shown to be original, and not secondary, and must likewise be accessible to the opposing party so that the correctness of the summary of the voluminous records may be tested on cross-examination and/or may be refuted in pleadings.
PUBLIC DOCUMENT
Tenebro v. CA
Rule 130.7 of the Rules of Court governs public documents. Under the rule, when the original of a document is in the custody of a public officer or is recorded in a public office, its contents may be proved by a certified copy issued by the public officer in custody thereof.
People v. Cayabyab
- birth certificate
*Production of the original birth certificate may be dispensed with, in the trial court's discretion, if:
The opponent does not bona fide dispute the contents of the document and
No other useful purpose will be served by requiring production. *