Corpuz vs. People, G.R. No.

180016, April 29, 2014

FACTS:

Accused Corpuz received from complainant Tangcoy pieces of jewelry with an obligation to sell the same
and remit the proceeds of the sale or to return the same if not sold, after the expiration of 30 days.

The period expired without Corpuz remitting anything to Tangcoy.

When Corpuz and Tangcoy met, Corpuz promised that he will pay, but to no avail.

Tangcoy filed a case for estafa with abuse of confidence against Corpuz.

Corpuz argued as follows:

a. The proof submitted by Tangcoy (receipt) is inadmissible for being a mere photocopy.

b. The information was defective because the date when the jewelry should be returned and the date
when crime occurred is different from the one testified to by Tangcoy.

c. Fourth element of estafa or demand is not proved.

d. Sole testimony of Tangcoy is not sufficient for conviction

ISSUES

Can the court admit as evidence a photocopy of document without violating the best evidence rule (only
original documents, as a general rule, is admissible as evidence)?

RULING

Yes. The established doctrine is that when a party failed to interpose a timely objection to evidence at
the time they were offered in evidence, such objection shall be considered as waived.

Here, Corpuz never objected to the admissibility of the said evidence at the time it was identified,
marked and testified upon in court by Tangcoy. Corpuz also failed to raise an objection in his Comment
to the prosecution’s formal offer of evidence and even admitted having signed the said receipt.