Chapter IV

Documentary Evidence Public documents

The provision above enumerates the kinds of documents
Lesson 9: Classification of Documents considered as public by the courts for evidentiary purposes. They are
public by reason of publication or making them known to third
Public Documents
persons or the general public.
Legal Basis Written official acts or records are considered public
Revised Rules on Evidence, Rule 132, Section 19. documents whether they are issued by authorities of the Philippines
or of a foreign country. These include written official acts or records
Classes of documents
from the main branches of government.
- For the purpose of their presentation in evidence, 1. Enacted legislation like the Philippine Enhanced Basic
documents are either public or private. Education Act of 2013 (or the K-12 Law) and the Canadian
Public documents are: Cannabis Act of 2018
2. Executive issuances like Philippine Executive Order No.112,
(a) The written official acts, or records of the series of 2020 (imposition of Enhanced Community
sovereign authority, official bodies and tribunals, Quarantine from 1-15 May 2020), and US Executive Order
and public officers, whether of the Philippines, or 13936 (revocation of special privileges of Hongkong)
of a foreign country; 3. Judicial issuances like the court decisions and resolutions,
(b) Documents acknowledge before a notary public summons and other interlocutory order
except last will and testaments;
(c) Documents that are considered public documents
under treaties and conventions which are in force
between the Philippines and the country of
Velasco, Lady Ivy Vanity & Abastillas, Renato Jr. , Evidence, 2021
source; and
(d) Public records, kept in the Philippines, of private REMINDER: THIS DOCUMENT IS SOLELY FOR ACADEMIC
documents required by law to be entered therein PURPOSES AND SHALL BE DEEMED TO BE USED
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 Notarized documents are private documents that have been kept in the Philippines, with a certificate that such officer has
acknowledged before a notary public. The process of the custody.
notarization typically involves the verification of the parties’
If the office in which the record is kept is in a foreign
identities through valid IDs, the signing of the document by the
country, which is a contracting party to a treaty or
parties before the notary public and the witness, the entry of the
convention to which the Philippines is also a party, or
transaction details into the notary public’s books, and the
considered a public document under such treaty or
affixing of the stamp and signature of the notary public.
convention pursuant to paragraph (c) of Section 19, hereof,
the certificate or its equivalent shall be in form prescribed by
such treaty or convention subject to reciprocity granted to
Proof of Public Documents public documents originating from the Philippines.
Legal Basis For documents originating from a foreign country
which is not a contracting party to a treaty or convention
Revised Rules on Evidence, Rule 132, Section 23. referred to in the next preceding sentence, the certificate may
Public documents as evidence be made by a secretary of the embassy or legation, consul
- Documents consisting of entries in public records made in general, consul, vice-consul or consular agent or by any
officer in the foreign service of the Philippines stationed in
the performance of a duty by a public officer are prima facie
the foreign country in which the record is kept, and
evidence of the facts therein stated. All other public
authenticated by the seal or his or her office.
documents are evidence, even against a third person, of the
fact which gave rise to their execution and of the date of the
latter.

Revised Rules on Evidence, Rule 132, Section 24. Proof

of official record
Velasco, Lady Ivy Vanity & Abastillas, Renato Jr. , Evidence, 2021
- The record of public documents referred to in paragraph (a) REMINDER: THIS DOCUMENT IS SOLELY FOR ACADEMIC
of Section 19, when admissible for any purpose, may be PURPOSES AND SHALL BE DEEMED TO BE USED
evidenced by an official publication thereof or by a copy EXCLUSIVELY FOR YOUR CLASS. SHARING OF THE SAID
attested by the officer having the legal custody of the record, INTELLECTUAL CREATION WITHOUT MY CONSENT IS
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or by his or her deputy, and accompanied, if the record is not
 A document that is accompanied by a certificate or its - An authorized public record of a private document may be
equivalent may be presented in evidence without further proved by the original record, or by a copy thereof, attested
proof, the certificate or its equivalent being prima facie by the legal custodian of the record, with an appropriate
evidence of the due execution and genuineness of the certificate that such officer has the custody.
document involved. The certificate shall not be required
when a treaty or convention between a foreign country and Revised Rules on Evidence, Rule 132, Section 28. Proof
the Philippines has abolished the requirement, or has of lack of record
exempted the document itself from this formality. - A written statement signed by an officer having the custody
Revised Rules on Evidence, Rule 132, Section 25. What of an official record or by his or her deputy that, after
diligent search, no record or entry of a specified tenor is
attestation of copy must state
found to exist in the records of his or her office,
- Whenever a copy of a document or record is attested for accompanied by a certificate as above provided, is
the purpose of evidence, the attestation must state, in admissible as evidence that the records of his or her office
substance, that the copy is correct copy of the original, or a contain no such record or entry.
specific part thereof, as the case may be. The attestation must
Revised Rules on Evidence, Rule 132, Section 29. How
be under the official seal of the attesting officer, if there be
any, or if he or she be the clerk of a court having a seal, judicial record impeached
under the seal of such court. - Any judicial record may be impeached by evidence of:
Revised Rules on Evidence, Rule 132, Section 26. (a) want of jurisdiction in the court or judicial officer;
Irremovability of public record
(b) collusion between the parties; or
- Any public record, an official copy of which is admissible
(c) fraud in the party offering the record, in respect to the
in evidence, must not be removed from the office in which it
proceedings
is kept, except upon order of the court where the inspection
of the record is essential to the just determination of a Velasco, Lady Ivy Vanity & Abastillas, Renato Jr. , Evidence, 2021
pending case. REMINDER: THIS DOCUMENT IS SOLELY FOR ACADEMIC
PURPOSES AND SHALL BE DEEMED TO BE USED
Revised Rules on Evidence, Rule 132, Section 27. EXCLUSIVELY FOR YOUR CLASS. SHARING OF THE SAID
Public record of a private document
INTELLECTUAL CREATION WITHOUT MY CONSENT IS 3. Internal memorandum issued by the HR director in a private
STRICTLY PROHIBITED
company;
Revised Rules on Evidence, Rule 132, Section 30. Proof 4. Family photograph taken in front of vandalism that reads,
of notarial documents “Jerzon was here,” and
5. Laboratory report of a patient’s coronavirus test
- Every instrument duly acknowledged or proved and
certified as provided by law, may be presented in evidence
Proof of Private Documents
without further proof, the certificate of acknowledgement Legal Basis
being prima facie evidence of the execution of the instrument
or document involved. Revised Rules on Evidence, Rule 132, Section 20. Proof
of private documents
Private Documents
- Before any private documents offered as authentic is
Legal Basis received in evidence, its due execution and authenticity must
Revised Rules on Evidence, Rule 132, Section 19. be proved by any of the following means:
Classes of documents (a) By anyone who saw the document executed or written;

- For the purpose of their presentation in evidence, (b) By evidence of the genuineness of the signature or
documents are either public or private. handwriting of the maker; or

A private document is a writing, deed, or instrument (c) By other evidence showing its due execution and
executed by a private person without the intervention of a authenticity
notary or other person legally authorized by which some Any other private document need only be identified as that
disposition or agreement is proved or set forth. A document which it is claimed to be.
that is not a public document is a private document. Some
examples are private documents are:
1. Contract for the sale of one television unit between
neighbors; Velasco, Lady Ivy Vanity & Abastillas, Renato Jr. , Evidence, 2021
2. Letter of natural father acknowledging his unborn child;
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Lesson 10: Original Document Rule

Revised Rules on Evidence, Rule 132, Section 21. When
Original Document Rule
evidence of authenticity of private document not necessary
- Where a private document is more than thirty (30) years
Legal Basis
old, is produced from a custody in which it would naturally Revised Rules on Evidence, Rule 130, Section 3.
be found in genuine, and is unblemished by any alterations
Original document must be produced; exceptions
or circumstances of suspicion, no other evidence of its
authenticity need be given. - When the subject of inquiry is the contents of a documents,
writing, recording, photograph, or other record, no evidence
Revised Rules on Evidence, Rule 132, Section 22. How
is admissible other than the original document itself.
genuineness of handwriting proved
Revised Rules on Evidence, Rule 130, Section 4.
- The handwriting of a person may be proved by any witness
who believes it to be the handwriting of such person because
Original of document
he or she has seen the person write, or has seen writing - (a) An “original” of a document is the document itself of
purporting to be his or hers upon which the witness has acted any counterpart intended to have the same effect by a person
or been charged, and has thus acquired knowledge of the executing or issuing it. An “original” of a photograph
handwriting of such person. Evidence respecting the includes the negative or any print therefrom. If data is stored
handwriting may also be given by a comparison, made by the in a computer or similar device, any printout or other output
witness or the court, with writings admitted or treated as readable by sight or other means, shown to reflect the data
genuine by the party against whom the evidence is offered, accurately, is an “original”.
or proved t be genuine to the satisfaction of the judge.

Velasco, Lady Ivy Vanity & Abastillas, Renato Jr. , Evidence, 2021
REMINDER: THIS DOCUMENT IS SOLELY FOR ACADEMIC 5. Equivalent techniques
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(b) A “duplicate” is a counterpart produced by the same Exceptions to the Original Document Rule
impression as the original, or from the same matrix, or by
means of photography, including enlargements and Legal Basis
miniatures, or by mechanical or electronic re-recording or by
chemical reproduction, or by other equivalent techniques Revised Rules on Evidence, Rule 130, Section 3.
which accurately reproduce the original Original of document must be produced; exceptions
(c) A duplicate is admissible to the same as an original - No evidence is admissible other than the original document
unless (1) a genuine question is raised as to the authenticity itself, except in the following cases:
of the original, or (2) in the circumstances, it is unjust or
inequitable to admit the duplicate in lieu of the original (a) When the original is lost or destroyed, or cannot
be produced in court, without bad faith on the part of
An original of the document or its counterpart can be in the the offeror;
following forms:
(b) When the original is in the custody or under the
1. Document itself or any counterpart intended to have the control of the party against whom the evidence is
same effect offered, and the latter fails to produce it after
2. Photograph reasonable notice, or the original cannot be obtained
3. Electronic document by local judicial processes or procedures;
The duplicate of an original is any of the following:
1. Counterpart produced by the same impression as the original
or from the same matrix
Velasco, Lady Ivy Vanity & Abastillas, Renato Jr. , Evidence, 2021
2. Photographic means, photographic enlargements or
miniatures REMINDER: THIS DOCUMENT IS SOLELY FOR ACADEMIC
PURPOSES AND SHALL BE DEEMED TO BE USED
3. Mechanical or electronic re-recording
EXCLUSIVELY FOR YOUR CLASS. SHARING OF THE SAID
4. Chemical reproduction
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Revised Rules on Evidence, Rule 130, Section 6. When
the original document is in adverse party’s custody or
control
- If the document is in the custody or under the control or the
(c) When the original consists of numerous accounts adverse party, he or she must have reasonable notice to
or other documents which cannot be examined in produce. If after such notice and after satisfactory proof of
court without great loss of time and the fact sought to the existence, he or she fails to produce the document,
be established from them is only the general result of secondary evidence may be presented as in the case of its
the whole; loss.

(d) When the original is a public record in the Revised Rules on Evidence, Rule 130, Section 7.
custody of a public or is recorded in a public office; Summaries
and
- When the documents, records, photographs, or numerous
(e) When the original is not closely-related to a accounts are voluminous and cannot be examined in court
controlling issue without great loss of time, and the fact sought to be
Revised Rules on Evidence, Rule 130, Section 5. When established is only the general result of the whole, the
contents of such evidence may be presented in the form of a
original document is available
chart, summary or calculation.
- When the original document has been lost or destroyed, or The originals shall be available for examination are
cannot be produced in court, the offeror, upon proof of its copying, or both, by the adverse party at a reasonable time
execution or existence and the cause of its unavailability and place. The court may order that they be produced in
without bad faith on his or her part, may prove its contents court.
by a copy, or by recital of tis contents in some authentic
document, or by the testimony of witnesses in the order Revised Rules on Evidence, Rule 130, Section 8.
stated Evidence admissible when original document is a public
record
 - When the original of a document is in the custody of a statements between the parties. It is also known “extrinsic
public officer or is recorded in a public office, its contents may be evidence.” Under the general rule, the written contract or
proved by a certified copy issued by the public officer in custody will is the only admissible evidence of the terms agreed upon
thereof. by the parties, or the dispositions of the testator, to the
exclusion of parol evidence. Otherwise stated, the Parol
Evidence Rule forbids the introduction of evidence on the
terms of the agreement or the disposition in the will outside
of the written contract or will.
Velasco, Lady Ivy Vanity & Abastillas, Renato Jr. , Evidence, 2021

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Lesson 11: Parol Evidence Rule Exceptions to the Parol Evidence

Parol Evidence Rule Legal Basis

Legal Basis Revised Rules on Evidence, Rule 130, Section 10.

Evidence of written agreements
Revised Rules on Evidence, Rule 130, Section 10.
Evidence of written agreements - However, a party may present evidence to modify, explain
or add to the terms of the written agreement if he or she puts
- When the terms of an agreement have been reduced to in issue in a verified pleading:
writing, it is considered as containing all the terms agreed
(a) An intrinsic ambiguity, mistake or imperfection in
upon and there can be, as between the parties and their
the written agreement;
successors in interest, no evidence of such terms other than
the contents of the written agreement (b) The failure of the written agreement to express
the true intent and agreement of the parties thereto;
Parol evidence or evidence aliunde is evidence relating to a
contract or will, but not appearing on the face of the contract (c) The validity of the written agreement; or
or will because it comes from other sources, such as
 (d) The existence of other terms agreed by the parties Kinds of Electronic Evidence
or their successors in interest after the execution of
the written agreement. Legal Basis
Rules on Electronic Evidence, Rule 3, Section 1.
Velasco, Lady Ivy Vanity & Abastillas, Renato Jr. , Evidence, 2021 Electronic documents as functional equivalent of paper-
REMINDER: THIS DOCUMENT IS SOLELY FOR ACADEMIC
based documents
PURPOSES AND SHALL BE DEEMED TO BE USED
EXCLUSIVELY FOR YOUR CLASS. SHARING OF THE SAID - Whenever a rule of evidence refers to the term writing,
INTELLECTUAL CREATION WITHOUT MY CONSENT IS document, record, instrument, memorandum or any other
STRICTLY PROHIBITED form of writing, such term shall be deemed to include an
electronic document as defined in these Rules.

Rules on Electronic Evidence, Rule 10, Section 3.

The four exceptions where the parol evidence is allowed are as Electronic testimony
follows:
- After summarily hearing the parties pursuant to Rule 9 of
1. There is an ambiguity, mistake, or imperfection in the these Rules, the court may authorize the presentation of
written agreement testimonial evidence by electronic by electronic means.
2. The written agreement fails to express the parties’ true intent Before so authorizing, the court shall determine the necessity
and agreement for such presentation and prescribe terms and conditions as
3. The written agreement is valid may be necessary under the circumstances, including the
4. There are other terms agreed by the parties or their protection of the rights of the parties and witnesses
successors in interest after the execution of the written concerned.
agreement
Rules on Electronic Evidence, Rule 10, Section 2.
Transcript of electronic testimony
Lesson 12: Electronic Evidence - When examination of a witness is done electronically, the
entire proceedings, including the questions and answers,
 shall be transcribed by a stenographer, stenotypist or other of such witnesses, other competent evidence may be
recorder authorized for the purpose who shall certify as admitted.
correct the transcript done by him. The transcript should
A recording of the telephone conversation or ephemeral
reflect the fact that the proceedings, either in whole or in
electronic communication shall be covered by the
part, had been electronically recorded.
immediately preceding station.
Velasco, Lady Ivy Vanity & Abastillas, Renato Jr. , Evidence, 2021
If the foregoing communications are recorded or embodied
REMINDER: THIS DOCUMENT IS SOLELY FOR ACADEMIC in an electronic document, then the provisions of Rule 5 shall
PURPOSES AND SHALL BE DEEMED TO BE USED
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INTELLECTUAL CREATION WITHOUT MY CONSENT IS
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Electronic Signature

Rules on Electronic Evidence, Rule 11, Section 1. - An electronic signature or a digital signature authenticated
in the manner presented hereunder is admissible in evidence
Audio, video and similar evidence
as the functional equivalent of the signature of a person on a
- Audio, photograph, and video evidence of events, acts or written document.
transactions shall be admissible provided it shall be shown,
Admissibility and Proof of Electronic Documents
presented or displayed to the court and shall be identified,
explained or authenticated by the person who made the Legal Basis
recording or by some other person competent to testify on
the accuracy thereof. Rules on Electronic Evidence, Rule 3, Section 2.
Admissibility
Rules on Electronic Evidence, Rule 11, Section 2.
Ephemeral electronic communication - An electronic document is admissible in evidence if it
complies with the rules on admissibility prescribed by the
- Ephemeral electronic communication shall be proven by Rules of Court and related laws and is authenticated in the
the testimony of a person who was a party to the same or has manner prescribed by these Rules.
personal knowledge thereof. In the absence or unavailability
Rules on Electronic Evidence, Rule 5, Section 2. (a) By evidence that a method or process was utilized to
Manner of authentication establish a digital signature and verify the same;
(b) By any other means provided by the law; or
- Before any private electronic document offered as authentic
is received in evidence, its authenticity must be proved by (c) By any other means satisfactory to the judge as
any of the following means: establishing the genuineness of the electronic signature

(a) by evidence that it had been digitally signed by the Rules on Electronic Evidence, Rule 9, Section 1.
person purposed to have signed the same; Affidavit of evidence
Velasco, Lady Ivy Vanity & Abastillas, Renato Jr. , Evidence, 2021
- All matters relating to the admissibility and evidentiary
REMINDER: THIS DOCUMENT IS SOLELY FOR ACADEMIC weight of an electronic document may be established by an
PURPOSES AND SHALL BE DEEMED TO BE USED affidavit stating facts of direct personal knowledge of the
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affiant or based on authentic records. The affidavit must
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the matters contained therein.

(b) by evidence that other appropriate security procedures or

Rules on Electronic Evidence, Rule 9, Section 2. Cross
devices may be authorized by the Supreme Court or by the examination of dependent
law for authentication of electronic documents were applied
- The affiant shall be made to affirm the contents of the
to the document; or
affidavit in open court and may be cross-examined as a
(c) by ither evidence showing its integrity and reliability to matter of right by the adverse party.
the satisfaction of judge

Rules on Electronic Evidence, Rule 6, Section 2.

Authentication of electronic signatures
- An electronic signature may be authenticated in any of the
following manner:
Velasco, Lady Ivy Vanity & Abastillas, Renato Jr. , Evidence, 2021

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