SECOND SESSION (OCTOBER 6, 2916)
that the object or the document is true or genuine so that it may be
EVIDENCE COMES IN VARIOUS FORMS:
1. OBJECT OR REAL EVIDENCE
2. DOCUMENTARY EVIDENCE
3. TESTIMONIAL EVIDENCE.
OBJECT EVIDENCE also called REAL EVIDENCE is physical
evidence that itself plays a direct part in the incident in question.
DOCUMENTARY EVIDENCE refers to documents, papers or writings
that contain information relevant to the case.
TESTIMONIAL EVIDENCE
refers to a person’s testimony offered to prove the truth of the
matter asserted.
It is evidence elicited from a witness.
Before an OBJECT or REAL EVIDENCE may be admitted as such,
the rules require the following:
1. That, the object must be relevant to the issue.
2. That, such object must first be authenticated by the testimony of a
witness.
The purpose of such authentication is to make the object
relevant.
AUTHENTICATION of OBJECT EVIDENCE- is the act of proving
admitted into evidence.
AUTHENTICATION of OBJECT EVIDENCE is the same as
IDENTIFICATION- Referring to the proof of identity.
AUTHENTICATION as PROOF OF IDENTITY- is the proving that a
subject or article before the court is the very same person, subject or
article that he or it is alleged to be.
EXAMPLE:
By presenting a witness who recognizes some stolen goods or coins
or articles as the same goods or coins or articles which passed under
the observation of the person identifying them
AND there are TWO (2) SPECIAL FORMS of authentication of
OBJECT EVIDENCE allowed by the rules:
1. VIEW or VIEWING and
2. CHAIN OF CUSTODY.
VIEW or VIEWING - is a process of authentication whereby the Court
or the judge goes to an object that cannot be produced in Court either
because it is immovable or inconvenient to remove.
-therefore, is the Court’s inspection of a place relevant to a
case it is considering.
CHAIN OF CUSTODY - is a sequential record of possession or
supervision of a particular piece of evidence.

CHAIN OF CUSTODY - It is the movement or location of real or
object evidence from the time it is obtained up to the time it is
presented to the Court.
Under the CHAIN OF CUSTODY process, those having direct
physical possession of a piece of an object or real evidence from the
time of its seizure are obliged to sign and record the duration and
nature of their possession of the evidence
WITH RESPECT TO DOCUMENTARY EVIDENCE, as requisites for
its admissibility--
[A] it must be authenticated and
[B] it must be proven in the manner provided in the Rules of Court.
What do you mean by AUTHENTICATION --
It is the act or mode of giving authority or legal authenticity to a
record or other written instrument or a certified copy thereof, so as to
render it legally admissible in evidence.
AUTHENTICATION OF DOCUMENTARY EVIDENCE is
synonymous to IDENTIFICATION.
HOW IS AUTHENTICATION DONE?
Authentication and proof of private documents require
presentation of witnesses to testify on the genuineness of the said
document and of the writer’s signature on the private document.
AUTHENTICATION OF A WRITING is done either:
(a) By the presentation of evidence sufficient to show the
GENUINESS AND DUE EXECUTION of the writing or
(b) By the establishment of such fact by any other means provided by
law.
The RULE is-
Before any private document can be received in evidence, or even
before any question can be asked on what it contains, its DUE
EXECUTION and AUTHENTICITY must first be proved.
How do you Distinguish Between the DUE EXECUTION and
GENUINENESS Of a document?
DUE EXECUTION- means that the party whose signature is
appearing on the instrument has voluntarily signed the document
or that it was signed by another party for him and with his authority.
GENUINENESS OF THE DOCUMENT- means that at the time the
document was signed, it was in the words and figures exactly as set
out in the pleading of the party relying upon it and that any formal
requisites required by law. Such as swearing and acknowledgement
or revenue stamps which it requires, are waived by him.
CLASSES OF DOCUMENTS-
THERE ARE ONLY TWO CLASSES OF DOCUMENTS UNDER THE
RULES ON EVIDENCE:
[A] PUBLIC DOCUMENTS and
[B] PRIVATE DOCUMENTS.
And THERE ARE TWO CLASSES OF PUBLIC DOCUMENTS: There are FOUR (4) RULES that GOVERN DOCUMENTARY
[A] The notarized documents or those executed by private EVIDENCE:
individuals which are authenticated by notaries public, 1. The BEST EVIDENCE RULE.
EXCEPT LAST WILLS AND TESTAMENTS; and 2. Rule on SECONDARY EVIDENCE
[B] Those issued by competent public officials by reason of their 3. The PAROLE EVIDENCE RULE
office. 4. Rules on ELECTRONIC EVIDENCE.

PUBLIC OFFICIALS- are persons who hold a public office and takes 1. The BEST EVIDENCE RULE
part in performing public functions in the government. Also known as the ORIGINAL DOCUMENT RULE
also called the ORIGINAL WRITING RULE
There are two (2) types of DOCUMENTS that may be issued by also called the CONTENTS OF ORIGINAL DOCUMENT RULE
PUBLIC OFFICIALS by reason of their office-- also called the CONTENTS OF ORIGINAL WRITING RULE
[1] The written official acts or records of the official acts of the PROVIDES that-
sovereign authority, official bodies and tribunals, and public officers of When the original writing is available and is the best evidence of the
the Philippines or of foreign countries. They are also referred to as facts contained therein, lesser evidence thereof is not admissible.
OFFICIAL DOCUMENTS, The RULE states that:
Examples are- The original writing must be produced if the subject of inquiry is the
Legislative acts and resolutions contents thereof.
Court decisions and orders
Official receipts The original of the document is also referred to as PREFERRED
Birth certificates EVIDENCE. Meaning, preferred to a mere copy of the writing.
Driver’s license and
Burial permits. What is the PRIMARY or BEST EVIDENCE?
It is that which enough to prove a particular fact until
[2] public records of private documents required by law to be entered contradicted or overcome by other evidence.
therein and are kept in the Philippines.
What is SECONDARY EVIDENCE?
It is that which is inferior to primary evidence which from necessity, in
some cases, is substituted for stronger and better proof.
What is the “ORIGINAL OF A WRITING?”
It is the writing or recording itself or any counterpart intended to have
the same effect as an original writing by a person executing it.
Example:
PHOTOGRAPHS or PHOTOGRAPHING include still photographs, x-
ray films, video tapes and motion pictures.
The “ORIGINAL OF A PHOTOGRAPH” includes the negative
or any print therefrom.
If data are stored in a computer or similar device, any printout
or other output readable by sight, shown to reflect the data accurately,
is also an ORIGINAL.
As APPLIED TO DOCUMENTS-
When the original writing is available and is he best evidence
of the facts contained therein, a lesser evidence of its contents is not
admissible
Exception to the general rule- UNLESS the failure to produce the
original is satisfactorily explained.
DUPLICATE defined,
It is a counterpart produced by the same matrix, or by means of
photography, including enlargements or miniatures, or by mechanical
or electronic re-recording or by chemical reproduction, or by other
equivalent techniques which accurately reproduces the original.
Illustrative Examples:
1. Best evidence of payment is the receipt of payment;
2. Best evidence of the AGE of the rape victim is her original birth
certificate.
FACTS:
Accused was charged of raping his eight-year old niece. Because the
accused admitted that the victim was eight years old the prosecution
no longer presented any evidence as to the age of the victim.
QUESTION: Can the accused be convicted on the basis of his
admission as to the age of the victim?
ANSWER: NO. The accused cannot be made to suffer the penalty
for rape on the basis of stipulations or admissions.Neither can the age
of the victim be established by mere testimony
The best evidence to prove the age of the victim is the original
or a certified true copy of the certificate of live birth of such party.
FACTS:
The accused was charged for illegal sale of prohibited drugs in the
amount of Php500.00. During the trial, the prosecution, however,
marked only a photocopy of the Php500.00 bill which was used by the
police in the buy-bust operation. …
QUESTION: Will the court violate the best evidence rule if it will
admit the photocopy of the money?
Answer: NO. The marked money is not an ordinary document
covered by the BEST EVIDENCE RULE which excludes the
introduction of secondary evidence except in the instances provided.
 The missing marked money are presented not as a
DOCUMENTARY EVIDENCE but only as OBJECT or REAL
EVIDENCE.
NOTE That-
The BEST EVIDENCE RULE applies only when the contents
of the document is the subject of inquiry.
Where the issue is only whether or not such document was
actually executed or that it exists or the circumstances that surround
its execution, the best evidence need not be produced.
If what to prove is :
Whether the document was executed -
Whether or not the document is existing -
or the circumstances surrounding its execution -
In the example given, because the marked money was presented by
the prosecution solely for the purpose of proving its existence and not
its contents, other substitute evidence, like a photocopy thereof is,
therefore, admissible without the need of proving or explaining the
whereabouts of the original.
The BEST EVIDENCE RULE is not also APPLICABLE in the
following instances: In other words- In the following instances, the
original of the writing need not be produced-
(a) If the purpose is not to prove the contents of the writing but only
to show that-
1. The document exists or
2. The document has been executed; or
3. The document has been delivered.
In any one of those instances, the oral testimony of the
witness is enough to prove the existence, execution or delivery of the
writing.
(b) If the writing is merely collateral or is connected in some remote
way to the issue.
In the following instances, where the fact to be proved is not
closely related to the main issue, ORAL TESTIMONY can be admitted
to prove that:
1. That a person is married without producing the marriage
certificate;
2. That a person died, without producing the death certificate;
3. That a person took a trip, without producing the ticket or travel
documents.
(c) If the purpose is to prove a fact that has an existence independent
of any writing, even though the fact has been reduced to or is
evidenced by a writing.
EXAMPLE:
Payment of money may be proved orally although a written receipt
was not given – if what is to be proved is the fact of payment and not
the terms and conditions of the receipt.
ANOTHER EXAMPLE:
A conversation may be proved by the oral testimony of a witness who
heard, although the conversation was recorded.
Even if the purpose is to prove the contents of a writing,
THE ORIGINAL WRITING NEED NOT BE PRODUCED IN THE
FOLLOWING FIVE (5) INSTANCES:
EXCEPTIONS TO THE BEST EVIDENCE RULE:
1. When the original writing is not available.
That is, the original is lost, destroyed or cannot be produced in
court without bad faith on the part of the offeror.
What is the remedy of a party when the original document has
been lost or destroyed, or cannot be produced in Court?
First- Prove the execution or existence of the document; then
Second- Show the reason why it cannot be produced.
You have proved its execution or existence and the cause of its
unavailability without bad faith on the part of the offeror, he may now
prove its contents by any of the following means:
(1) By a copy of the document;
(2) By a recital of its contents in some authentic documents; or
(3) By the testimony of witnesses
Meaning of “IN THE ORDER GIVEN-”
-you can only prove its contents by a recital in another
authentic documents if no copy of the document is available and you
can only resort to testimonial evidence to prove the contents
-if there no recital thereof appears in another authentic
document and
-no copy of the document is available.
(a) a copy of the document;
(b) its recital in some authentic documents and
(c) the testimonial evidence to prove its contents, are the so-called
THREE (3) TYPES OF SECONDARY EVIDENCE.
2. When the original is in the custody of the adverse party who
refused to produce it notwithstanding notice.
Here, the original is last known to be in the hands of the
adverse party who refuses to surrender it after receiving notice.
If the original is in the custody or under the control of the
adverse party, he must have reasonable notice to produce it.
If after such notice and after satisfactory proof of the existence
of the document, the adverse party still fails to produce the document,
secondary evidence – REFERRING TO-
(a) A copy of the document;
(b) Its recital in some authentic documents, or
(c) The testimony of witness, in the order stated,
may be presented as in the case of its loss.
3. When the original is a public record in the custody of a public
officer.
When the original of the document is in the custody of a public
officer or is recorded in a public office, its content may be proved by
a certified copy of the said original issued by the public officer in
custody of the document.
4. When it contains numerous accounts which cannot be
examined without great loss of time, and the fact to be proven is
only the general result of the whole.
5. When the subject of the inquiry is not the contents of the
documents but other matters
SUCH AS-
a. The EXISTENCE of the document;
b. The DUE EXECUTION of the document; or
c. The LOCATION of the document.
Meaning of DUE EXECUTION- By due execution is meant that
the party whose signature it bears signed it voluntarily or that it was
signed by another for him with his permission or authority.
Note that-
When the original writing is not available for one reason or another,
the next best evidence will be –a SECONDARY EVIDENCE thereof.
RULES ON SECONDARY EVIDENCE
SECONDARY EVIDENCE RULE
also called SUBSTITUTIONARY RULE
also called INFERIOR EVIDENCE RULE.
Meaning of SECONDARY EVIDENCE- It is that which is
substitutionary or inferior to primary or best evidence or original
document which was either lost, destroyed or unavailable.
If the subject of the inquiry is the contents of the writing, there
can be no evidence of its contents other than the original.
The SECONDARY EVIDENCE RULE may be simply stated as
follows: If there is no original writing, secondary evidence will
take its place.
REQUIREMENTS FOR ADMISSIBILITY OF SECONDARY
EVIDENCE
FIRST: The secondary evidence must be relevant to the fact in issue;
SECOND: The party introducing it must show by satisfactory and
convincing proof that the original writing is –
(a) Duly executed by the parties; or
(b) Lost or destroyed, or
(c) In the custody of the adverse party who refuses to produce the
original after reasonable notice.
THREE CLASSES OF SECONDARY EVIDENCE:
1. Copy of the original
2. Recital of its content in some authentic document, and
3. Recollection of a witness.
NOTES on:
(a) COPY OF THE ORIGINAL-
1. The copy need not be a certified copy –
BUT IT MUST BE SHOWN TO BE AN ACCURATE COPY
2. The photocopy reproduced faithfully out of the original copy
are only secondary evidence of the contents of the original;
3. A certified copy of the original document before it was lost is
only secondary evidence of its contents.
4. Machine copies of the original are secondary evidence and as
such.
Therefore, it cannot be admitted unless it is first shown that it falls
under one of the exceptions -
That is, that the original writing is
a.- lost, destroyed or cannot be produced in court, or
b.- in the possession of the adverse party.
5. Lists of expenses are secondary evidence -
They cannot replace receipts issued, - as in the case of purchases of
gasoline or food.
 4. CONTENTS.
NOTES on: After proving the EXISTENCE, EXECUTION, LOSS of the ORIGINAL
(b) RECITALS- DOCUMENT,
1. The recital is not required to appear in a public document. SECONDARY EVIDENCE OF ITS CONTENTS may be proven in the
It may also be made in a private document provided that the reciting following order –
document proved to be exact and authentic. CRT
1. By a COPY of its contents or
NOTES on:
2. By a RECITAL of its contents in some authentic document; or
(c) RECOLLECTIONS OF A WITNESS -
3. By the TESTIMONY of a witness as to its contents.
Who are the persons qualified to give testimony of the contents of a
writing?
SECONDARY EVIDENCE is not the same as SECOND HAND
1. Any person who signs or reads the document,
EVIDENCE
or hears it read knowing that the document so read is the same
First Distinction:
document as the one in question;
SECONDARY EVIDENCE - refers to evidence which is inferior to the
2. Any person who is present when the contents of the writing is
best evidence or the original document that was lost, destroyed or
being talked over by the parties concerned, to such extent as
unavailable.
to give such person reasonably full information relative to its
SECOND HAND EVIDENCE - refers to evidence proceeding from the
contents.
mere repetition of what a witness has heard another person say.
3. Any person to whom the parties to the instrument made known
the contents thereof.
Second Distinction:
SECONDARY EVIDENCE is SUBSTITUTIONARY EVIDENCE.
RECAPITULATION of the SECONDARY EVIDENCE RULE
SECOND HAND EVIDENCE is HEARSAY EVIDENCE.
Before a party can introduce SECONDARY EVIDENCE of a
writing, the proponent must first prove the following, in the following
PAROL EVIDENCE RULE
order:
is also called CONTENTS OF WRITTEN AGREEMENT RULE
EELC
is also called TERMS OF WRITTEN AGREEMENT RULE
1. EXISTENCE
2. EXECUTION
END OF SECOND SESSION
3. LOSS (or destruction or unavailability of the original) and