Original Document Rule, and its Exceptions (7) Flashcards
7. YOU’RENOTHING BUT ASECOND-RATE TRYING HARD COPYCAT
Documentary Evidence
Rule 130, Sec. 2 of the ROC
Documents as evidence consist of writings or any material containing letters, words, numbers, figures, symbols, or other modes of written expressions offered as proof of their contents.
what makes a DOCUMENT, documentary evidence?
when the document is offered proof of the document’s contents. If offered for something else, is NOT documentary evidence
what is the BEST EVIDENCE RULE?
one of the important exclusionary rules in documentary evidence
When the subject of the inquiry is the contents of the document, no evidence shall be admissible other than the original document. You cannot present the substitute.
what is an ORIGINAL DOCUMENT
R130 S4 it does NOT refer to the doc first produced (not a question of *order in time)
Original Documents under the Rules are:
(a) The original of the document is one the contents of which are the subject of inquiry.
- photocopy of DOAS such that it is forged is original in a prosecution for falsification since the photocopy DOAS is the subject of inquiry
(b) When a document is in two or more copies executed at or about the same time, with identical contents, all such copies are equally regarded as originals.
(c) When an entry is repeated in the regular course of business, one being copied from another at or near the time of the transaction, all the entries are likewise equally regarded as originals.
WHEN is Original Document required?
WHEN does BER applies?
If the BER applies
–>
if subject of inquiry is the CONTENTS of the document
What is the core issue that BER seek to resolve?
NOT truth or falsity of the wordings
but the ACCURACY
Original Documents under the Rules >
(a) The original of the document is one the contents of which are the subject of inquiry. >
give an example
a photocopy can be an original document so long as its contents are the subject of inquiry
when presenting an original DOAS and a photocopy, falsified DOAS to establish falsification. Both are original
note
It cannot be a photocopy of the falsified photocopy, a photocopy of the first genuine copy, or a testimony of any witness who may have seen these documents because the rule requires that these original documents in their original state should be presented.
A complaint for quieting of title was filed against Margarita Prodon alleging that their parents were the registered owners of a land covered by a TCT but they could not locate the owner’s duplicate copy of the TCT but the original copy on file with the RoD of Manila was intact. The original copy contained an entry stating that the property had been sold to defendant Prodon subject to the right to repurchase; and that the entry had been maliciously done by Prodon because the deed of sale with right to repurchase covering the property did not exist.
Whether the pre-requisites for the admission of secondary evidence had been complied with
LB: ** Heirs of Prodon v. Heirs of Alvarez
The Best Evidence Rule was not applicable herein.
Prodon, on the other hand, argued that such a deed did exist. However, she failed to prove the existence of the actual document.
[GPT]
Why BER Did Not Apply in This Case?
The case did not involve proving the terms or contents of the alleged deed of sale. Instead, the issue was whether the document itself actually existed in the first place.
Since the existence of the document was in question rather than its contents, BER did not apply.
BER excludes any evidence other than the original writing to prove the CONTENTS thereof,
XPN: offeror can present secondary evidence (copies, testimonies, other docs) on the CONTENTs if the ff requisites concur;
- The existence or 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 to which the unavailability of the original can be attributed.
what is the PURPOSE of the BER?
applies only when contents of a document are in issue—meaning when the precise words, terms, or stipulations of a document are the subject of dispute. The purpose of BER is to ensure that the exact contents of a document are accurately presented in court.
When the evidence sought to be introduced concerns external facts, such as the existence, execution or delivery of the writing, without reference to its terms
can the BER appy?
No, BER only applies when the terms of a writing are in issue. BER cannot be invoked in those instances.
In such a case above, secondary evidence may be admitted even without accounting for the original.
Original Documents under the Rules >
(b) When a document is in two or more copies executed at or about the same time, with identical contents, all such copies are equally regarded as originals.
case of PP v. Tan
Original Documents under the Rules >
(c) When an entry is repeated in the regular course of business, one being copied from another at or near the time of the transaction, all the entries are likewise equally regarded as originals.
cite an example
Journal used in business. You have a sari-sari store, one is recorded into the journal for the husband, the other for the wife, so you just copy the entries. For purposes of BER, the entries in either of the journals are considered originals.
Q. When does a content of a document become subject of the inquiry?
LB: Consolidated Bank v. Del Monte Motor Works
The SC ruled that the contents of a document become the subject of inquiry when there is a DISPUTE as to the accuracy of the WORDINGs or the TERMs of the document.
Del Monte Corp. obtained a loan from Consolidated Bank, secured by a promissory note signed by two corporate officers who also executed a joint and solidary undertaking. Upon non-payment, the bank sued to collect. Del Monte argued lack of consideration, while the officers claimed they signed only in their official capacities. During trial, the bank presented a photocopy of the promissory note, which the defense objected to under the Best Evidence Rule (BER).
[1] does BER apply?
[2] is the photocopy admissible?
No
LB: Consolidated Bank and Trust Co. v. Del Monte motor Works
[1]
No. The best evidence rule comes into play if the subject of inquiry is the contents of a document. And the contents of a document can only become the subject of inquiry if there is an issue as to the accuracy of the wordings, the terms and the contents of the document.
[2]
snice BER does not apply, it is correct for the bank to present a photocopy of the promissory note
When Best Evidence Rule Does NOT Apply
- Collateral fact rule (when document is merely incidental to the issue in the case)
- When the purpose of the evidence is to prove a fact which has an existence independent from the document
- When the purpose of the evidence is to prove facts EXTRANEOUS to the contents of the document
- When a party admits expressly or impliedly the genuineness and due execution of the document
- Waiver of objection
when any of the 5 instances happen to the effect that the BER is inapplicable, what must you do?
present secondary evidence without need to comply with its requisites (due execution of original, loss and destruction, no bad faith..)
when BER does not apply >
1. Collateral fact rule (when document is merely incidental to the issue in the case)
> explain this concept in the case of Air France v. Carrascoso
facts:
A passenger (Carrascoso) sued Air France for damages due to breach of contract of carriage after being unfairly bumped off his flight. During trial, Carrascoso testified that a flight crew member witnessed and recorded the incident in his notebook.
Air France objected, arguing that under the Best Evidence Rule, the actual notebook should have been presented instead of just mentioning it in testimony
While the notebook and testimony could have fallen under the scope of the Best Evidence Rule (BER)—since BER ensures accuracy in proving the contents of documents—the Supreme Court did not apply BER because the testimony about the notebook was merely incidental (collateral) to the main issue.
The main issue in the case was whether Air France breached its contract and committed a wrongful act (tort) by unfairly bumping off the passenger. The notebook was not the primary evidence to prove this claim—it was just mentioned as part of the testimony.
When Best Evidence Rule Does Not Apply >
- If the purpose of the evidence is to establish a fact which has an existence independent from the document or writing although incidentally that fact is evidenced by a document or reduced into writing.
give scenarios of:
- murder & alibi
- death
[a]
Even if a document exists (like an airline ticket), if the fact being proven does not rely solely on the document, then the BER does not require it to be presented in court. Other evidence (e.g., a witness who traveled with him, hotel records, CCTV footage) can also establish that fact.
[b]
death cert need not under BER since testimony who saw the killing, witness attending wake or burial are proof to the death
When Best Evidence Rule Does Not Apply >
- If the purpose of presenting the evidence is to prove facts extraneous or external matters outside the contents of the document
Facts: This involves the prosecution for violation of Dangerous Drugs Act where the accused was caught in the very act of selling marijuana.
One of the requisites of the crime is the evidence of actual sale. Accordingly, there is actual sale when there is a consideration (money). The consideration in the case was a ten-peso bill.
During the trial, the prosecutor presented the photocopy of a tenpeso bill. This was objected under the best evidence rule being a photocopy. The defense argued that the marked money should be presented because it is the original document.
Issue: Whether or not the BER applies
No, it does NOT apply
LB: People v. Tandoy
The subject of the inquiry is NOT the wordings, figures, number or contents of the marked money. The fact sought to be established by presenting the photocopy of the ten-peso bill was to establish there was consideration in the sale of marijuana. so BER does not apply with the money
When Best Evidence Rule Does Not Apply >
- If the purpose of presenting the evidence is to prove facts extraneous or external matters outside the contents of the document
Involves prosecution for the violation of BP22. During the trial, the prosecution presented only a photocopy of the subject check. The admission of the photocopy was objected to under the BER
valid objection?
NO,
LB: Arceo v. PP
gravamen of the offense of violation of BP 22 is the mere issuance of a bank check and never the contents of the check.
presentation of the photocopy of the check is sufficient. By presenting the photocopy of the subject check, the prosecution merely wanted to prove the fact of issuance. There is no dispute as to the contents of the check.
When Best Evidence Rule Does Not Apply >
- When the party admits expressly or impliedly the genuineness and due execution of the document
BAR Fact Pattern
Bank X filed a collection case against Del Motor Corp. (DMC) for an unpaid loan based on a promissory note (PN) signed by DMC’s corporate officers. In defense, DMC claimed the PN was issued without consideration and was therefore void. The individual officers argued that they signed the PN only in their official capacities and should not be held personally liable.
During trial, Bank X presented a photocopy of the PN instead of the original. The defense did not question the contents of the PN but maintained their arguments regarding lack of consideration and personal liability.
DMC now objects to the admissibility of the photocopy, invoking the Best Evidence Rule (BER).
Issue:
Is the photocopy of the promissory note inadmissible under the Best Evidence Rule
[gpt]
The BER applies only when the issue is the contents of the document. However, in this case, DMC and its officers never disputed the contents of the PN—they only raised defenses outside its contents, such as:
Lack of consideration – They admitted the PN existed but claimed it was issued without consideration.
No personal liability – The officers argued they signed only in their official capacities.
Since they implicitly admitted the existence and genuineness of the PN, the contents were not in dispute, and the BER did not apply. Thus, the PHOTOCOPY was properly admitted as evidence.
[notes]
When they interposed the defense of lack of consideration, they in effect admitted that the PN contains exact wordings, terms, and conditions except that it was issued without consideration. Hence, the contents of the PN were never subject of inquiry and the BER does not apply
When Best Evidence Rule Does Not Apply >
- If the objection to the admission of an otherwise inadmissible evidence is waived
Reasoning behind BER not applied in this instance?
BER like other exclusionary rules is NOT a self-executing provision. It has to be invoked by the proper party at the right time.
XPNs to the BER (Rule 130, Section 3)
pg. 12
(i stopped na dmd)
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in an issue on the genuineness and authenticity, will BER apply
the dispute here is not specific contents, the issue is the ENTIRE issue of whether or not
when issue is forgery; issue is G&DE
will ODE
genuineness & due execution deals with EXTERNAL
“When BER Does Not Apply >
- If the purpose of presenting the evidence is to prove facts extraneous or external matters outside the contents of the document”
- genuineness & due execution is NOT covered by BER
how to resolve the issue that the signature of the DOAS is not yours
LB: PP v. Lamsen 2017
SC said the signature appearing is not the signature of the owner and no way this can be resolved unless the ORIGINAL ALLEGEDLY FLASISIFEID DOC .
so BER applies even if it is extraneous or external matter
so the doctrine that now controls now is Lamsen
D is sued for 1 million. F alleges that D borrowed 1 million promised to pay in one year evienced by a PN (promissory note) attached to the complaint as an actionable dodcument.
D’s answer and alleged that yes he borrowed money from F and executed a PN but the amount involve is not 1m but only 100k.
the PN says 1mil, D claim 100k.
Does the Original DOcument Rule apply (ODR)
can F offer in evidence just a copy of the promissory note?
suppose the original is not found or destroyed, can F present a copy a photocopy of PN
ans: you cannot think of a 2nd evience.
secondaryy evidnece prespupposes the original docuemtn because the ODR applies.
but in the case of Air France v. Carrascoso, the, in the last exception of ODR
1 2 3 4 (xpns deal with issue as to the accuracy of the ontent)
5 (is not really the exception, the 5th is NOT covered by the ODR and since not covered, any evidence without observing the original is allowed)
ELECTRONIC
if duplicate that is one presented,
is photopcopy of the printout
E posted libelous statment, Z printed that fb post but because she was required t osubmit 10 copies, Z has 1 prinout & 10
photopcies
is any of the 10 copies admissible
in short admissiblity of the photopcy is not conditioned on the unvailality of the original .
concept of photopcopy is treated as original therefore not make it count as
but on the other hand, there is concept “2nd ary evidence” including “copy” being 2ndary, cannot be admissible until the original is lost or deostryed or cannot be produced
SO HOW DO WE RECONCILE
K is the owner of the condo unit and M .
1 year in to the contract, ms. A
