3. Secondary Evidence

Question 1

What is Secondary Evidence?

Answer 1

Evidence other than the original instrument or document itself. It is the class of evidence that is relevant to the fact in issue, it being first shown that the primary evidence of the fact is not obtainable. It performs the same functions as that of primary evidence.

Question 2

Requisites before the Contents of the Original Document may be proved by Secondary Evidence (Laying the Basis/Laying the Predicate) (2000 BAR)

Answer 2

The offeror must prove the following: (E-C-U)

1. The Execution or existence of the original document;
2. The Cause of its unavailability; an
3. The Unavailability of the original is not due to bad faith on his or her part.

(Sec. 5, Rule 130, ROC, as amended)

Question 3

What is the correct order of proof?

Answer 3

The correct order of proof is as follows:
existence,
execution,
loss, and
contents.

Question 4

How is Due Execution and Authenticity of Private Document proved?

Answer 4

It may be proved by any of the following means:

1. By anyone who saw the document executed or written;
2. By evidence of the genuineness of the signature or handwriting of the maker; or
3. By other evidence showing its due execution and authenticity.

(Sec. 20, Rule 132, ROC, as amended)

Question 5

What is the rule when the original document is unavailable?

Answer 5

When the original document has been lost or destroyed,

or cannot be produced in court,

the offeror, upon proof of its execution or existence and the cause of its unavailability without bad faith on his or her part,

may prove its contents by a copy, or by recital of its contents in some authentic document,

or by the testimony of witnesses in the order stated.

Question 6

What is Intentional Destruction of the Original Document?

Answer 6

Intentional destruction of the originals by a party who acted in good faith does not preclude the introduction of secondary evidence of the contents thereof. (Regalado, 2008)

Question 7

What is the Order of Presentation of Secondary Evidence?

Answer 7

Upon proof of its execution and loss of the original document, its contents may be proved by the following, in the order stated:

1. By a copy of the original;
2. By recital of the contents of the document in some authentic document; or
3. By the testimony of witnesses (Sec. 5, Rule 130, ROC, as amended)

Question 8

What is the rule When Original Document is in Adverse party’s Custody or Control?

Answer 8

If the document is in the custody or under the control of the adverse party, he or she must have reasonable notice to produce it. If after such notice and after satisfactory proof of its existence, he fails to produce the document, secondary evidence may be presented as in the case of its loss. (Sec. 6, Rule 130, ROC, as amended)

Question 9

What are the Requisites for Admissibility of Secondary Evidence when the Original Document is in the Custody or Control of the Adverse party?

Answer 9

1. That the original exists;
2. That said document is under the custody or control of the adverse party;
3. That the proponent of secondary evidence has given the adverse party reasonable notice to produce the original document; and
4. That the adverse party failed to produce the original document despite the reasonable notice. (Sec. 6, Rule 130, ROC, as amended)

Question 10

What are the Requisites for the Admissibility of Secondary Evidence when the Original consists of Numerous Accounts?

Answer 10

1. The original must consist of numerous accounts or other documents;
2. They cannot be examined in court without great loss of time or inconvenient inconvenience (Riguera, 2020 citing Republic v. Mupas, G.R. No. 181892, 08 Sept. 2015);
3. The fact sought to be established from them is only the general result of the whole. (Sec. 7, Rule 130, ROC, as amended)

Question 11

What is the Rule When Original Document is a Public Record
(2000 BAR)

Answer 11

When the original of a document is in the custody of 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. (Sec. 8, Rule 130, ROC, as amended)

Question 12

Proof of the Contents if the Original Document is a Public Record?

Answer 12

The contents may be proved by:

1. A certified copy issued by the public officer in custody thereof (Sec. 8, Rule 130, ROC, as
   amended); and
2. Official publication. (Herrera, 1999

Question 13

When a document produced is not offered in
evidence?

Answer 13

If the party who calls for the production of a document does not offer the same in evidence, no unfavorable inference may be drawn from such failure. This is because a party who calls for the production of a document is not required to offer it. (Sec. 9, Rule 130, ROC, as amended)

Question 14

Production of Documents under Sec. 9, Rule 130 vs. Rule 27 (Modes of Discovery)

Answer 14

SEC. 9, RULE 130

Procured by mere
notice to the adverse
party, which is a
condition precedent
for the subsequent
introduction of
secondary evidence by
the proponent.

Presupposes that the
document to be
produced is intended
as evidence for the
proponent who is
presumed to have
knowledge of its
contents

RULE 27

The production of
document is in the
nature of a mode of
discovery and can be
sought only by proper
motion in the trial
court and is permitted
only upon good cause
shown.

Contemplates a
situation wherein the
document is either
assumed to be
favorable to the party
in possession thereof
or that the party
seeking its production
is not sufficiently
informed of the
contents of the same.