Documentary Evidence (RULE 130) | EVIDENCE

Documentary Evidence: Rule 130 of the Rules of Court (Philippines)

Documentary evidence refers to evidence presented and offered in the form of a document to prove the facts asserted therein. Rule 130 of the Rules of Court governs the presentation, admissibility, and evaluation of documentary evidence in legal proceedings. Below is a comprehensive guide to the provisions, principles, and jurisprudence on documentary evidence under Rule 130.

1. Definition of Documentary Evidence

Documentary evidence consists of writings or any material containing letters, words, numbers, figures, symbols, or other modes of written expression offered as proof of their content.

2. Admissibility of Documentary Evidence

General Requirements for Admissibility

  1. Relevance: The document must relate directly to the fact in issue or provide a reasonable inference to support the claim.
  2. Authenticity: The document must be proven to be genuine and not fabricated.
  3. Competence: The document must not violate the rules on competence, such as being inadmissible due to privilege, hearsay, or statutory prohibitions.

3. Modes of Authentication

Authentication is the process of proving the genuineness of a document. Under Section 20 of Rule 132, before a private document is admitted, its due execution and authenticity must be proved. Below are methods for authenticating documents:

a. Public Documents (Sec. 19, Rule 132)

A document is considered a public document if:

  1. It is notarized by a notary public or a competent public official with the required formalities; or
  2. It is a public record of a private writing authorized by law; or
  3. It is a public record kept in the Philippines or a foreign country.

Authentication of public documents is done by:

  1. Presentation of the original document.
  2. Proof of its official issuance or certification under official seal.

b. Private Documents (Sec. 20, Rule 132)

Private documents are authenticated through:

  1. Testimony of the person who executed the document;
  2. Testimony of a witness who saw the document executed or written;
  3. Evidence of the handwriting of the maker; or
  4. Admissions by the adverse party as to the authenticity of the document.

c. Ancient Documents (Sec. 21, Rule 132)

Documents are presumed authentic if they are:

  1. At least 30 years old;
  2. Produced from a repository where they are expected to be found; and
  3. Free from alterations or signs of tampering.

4. Best Evidence Rule (Sec. 3, Rule 130)

The Best Evidence Rule mandates that the original document must be produced when the contents of the document are the subject of inquiry. Exceptions to this rule include:

  1. When the original is lost or destroyed (unless bad faith is shown);
  2. When the original is not available in the Philippines;
  3. When the original is in the possession of the adverse party and he fails to produce it after reasonable notice;
  4. When the document is a public record or an official document certified by a public officer; or
  5. When the content is not closely related to the issue (secondary evidence may suffice).

5. Parol Evidence Rule (Sec. 9, Rule 130)

The Parol Evidence Rule bars the admission of extrinsic evidence to modify, explain, or contradict the terms of a written agreement. Exceptions to this rule allow such evidence when:

  1. There is a defect in the written agreement (e.g., fraud, mistake, duress, or undue influence);
  2. There is a failure to express the true intent of the parties;
  3. The validity of the written agreement is in question;
  4. The agreement is incomplete; or
  5. There is an ambiguity in the contract that requires clarification.

6. Secondary Evidence (Sec. 5, Rule 130)

If the original document is unavailable, secondary evidence may be admitted to prove its content. The following steps must be followed:

  1. Prove the existence of the original;
  2. Establish the cause of its unavailability; and
  3. Offer a substitute: a copy, a recital in another document, or oral testimony of its content.

7. Documentary Evidence in Relation to Hearsay Rule (Sec. 37, Rule 130)

Documents can be considered hearsay if offered to prove the truth of their content without a competent witness attesting to its authenticity. Exceptions to the hearsay rule include:

  1. Entries in official records;
  2. Entries in the course of business;
  3. Entries in family records;
  4. Statements in public documents; and
  5. Other recognized exceptions under Rule 130, Sec. 47.

8. Public vs. Private Documents

Public Documents

  • Admissible without further proof, except when challenged.
  • Includes notarized documents, official records, and public records.

Private Documents

  • Require authentication as described above.
  • Cannot be admitted unless properly proven in court.

9. Documentary Evidence in Electronic Form (E-Commerce Act, RA 8792)

Documents in electronic form are admissible provided:

  1. They comply with the requirements of RA 8792 and the Rules on Electronic Evidence.
  2. They are authenticated by demonstrating the method of creation, storage, and integrity of the electronic data.

10. Interpretation of Documentary Evidence

Courts are tasked to:

  1. Interpret the document according to the plain and ordinary meaning of its terms.
  2. Consider the entire document and its context.
  3. Allow extrinsic evidence only if there is ambiguity or incomplete terms.

11. Jurisprudence on Documentary Evidence

  1. Relevance and Materiality: The Supreme Court has consistently emphasized that irrelevant or immaterial documents are inadmissible. (e.g., People v. Jugueta, G.R. No. 202124)

  2. Authentication of Private Documents: In Heirs of Toring v. Heirs of Toring, the Court reiterated that private documents are inadmissible without authentication.

  3. Best Evidence Rule: In Republic v. Tuvera, the Supreme Court held that failure to present the original document without sufficient justification renders secondary evidence inadmissible.

12. Practical Considerations in Handling Documentary Evidence

  1. Always secure the original document for presentation in court.
  2. If originals are unavailable, be prepared to justify their absence and present secondary evidence.
  3. Maintain the integrity and chain of custody for all documents, particularly in electronic and notarized documents.
  4. Properly mark and pre-identify documents during pre-trial or preliminary conference to avoid admissibility issues during trial.

This comprehensive coverage ensures proper understanding and application of Rule 130 on Documentary Evidence in both civil and criminal litigation.### Documentary Evidence: Rule 130 of the Rules of Court (Philippines)

Documentary evidence refers to evidence presented and offered in the form of a document to prove the facts asserted therein. Rule 130 of the Rules of Court governs the presentation, admissibility, and evaluation of documentary evidence in legal proceedings. Below is a comprehensive guide to the provisions, principles, and jurisprudence on documentary evidence under Rule 130.

1. Definition of Documentary Evidence

Documentary evidence consists of writings or any material containing letters, words, numbers, figures, symbols, or other modes of written expression offered as proof of their content.

2. Admissibility of Documentary Evidence

General Requirements for Admissibility

  1. Relevance: The document must relate directly to the fact in issue or provide a reasonable inference to support the claim.
  2. Authenticity: The document must be proven to be genuine and not fabricated.
  3. Competence: The document must not violate the rules on competence, such as being inadmissible due to privilege, hearsay, or statutory prohibitions.

3. Modes of Authentication

Authentication is the process of proving the genuineness of a document. Under Section 20 of Rule 132, before a private document is admitted, its due execution and authenticity must be proved. Below are methods for authenticating documents:

a. Public Documents (Sec. 19, Rule 132)

A document is considered a public document if:

  1. It is notarized by a notary public or a competent public official with the required formalities; or
  2. It is a public record of a private writing authorized by law; or
  3. It is a public record kept in the Philippines or a foreign country.

Authentication of public documents is done by:

  1. Presentation of the original document.
  2. Proof of its official issuance or certification under official seal.

b. Private Documents (Sec. 20, Rule 132)

Private documents are authenticated through:

  1. Testimony of the person who executed the document;
  2. Testimony of a witness who saw the document executed or written;
  3. Evidence of the handwriting of the maker; or
  4. Admissions by the adverse party as to the authenticity of the document.

c. Ancient Documents (Sec. 21, Rule 132)

Documents are presumed authentic if they are:

  1. At least 30 years old;
  2. Produced from a repository where they are expected to be found; and
  3. Free from alterations or signs of tampering.

4. Best Evidence Rule (Sec. 3, Rule 130)

The Best Evidence Rule mandates that the original document must be produced when the contents of the document are the subject of inquiry. Exceptions to this rule include:

  1. When the original is lost or destroyed (unless bad faith is shown);
  2. When the original is not available in the Philippines;
  3. When the original is in the possession of the adverse party and he fails to produce it after reasonable notice;
  4. When the document is a public record or an official document certified by a public officer; or
  5. When the content is not closely related to the issue (secondary evidence may suffice).

5. Parol Evidence Rule (Sec. 9, Rule 130)

The Parol Evidence Rule bars the admission of extrinsic evidence to modify, explain, or contradict the terms of a written agreement. Exceptions to this rule allow such evidence when:

  1. There is a defect in the written agreement (e.g., fraud, mistake, duress, or undue influence);
  2. There is a failure to express the true intent of the parties;
  3. The validity of the written agreement is in question;
  4. The agreement is incomplete; or
  5. There is an ambiguity in the contract that requires clarification.

6. Secondary Evidence (Sec. 5, Rule 130)

If the original document is unavailable, secondary evidence may be admitted to prove its content. The following steps must be followed:

  1. Prove the existence of the original;
  2. Establish the cause of its unavailability; and
  3. Offer a substitute: a copy, a recital in another document, or oral testimony of its content.

7. Documentary Evidence in Relation to Hearsay Rule (Sec. 37, Rule 130)

Documents can be considered hearsay if offered to prove the truth of their content without a competent witness attesting to its authenticity. Exceptions to the hearsay rule include:

  1. Entries in official records;
  2. Entries in the course of business;
  3. Entries in family records;
  4. Statements in public documents; and
  5. Other recognized exceptions under Rule 130, Sec. 47.

8. Public vs. Private Documents

Public Documents

  • Admissible without further proof, except when challenged.
  • Includes notarized documents, official records, and public records.

Private Documents

  • Require authentication as described above.
  • Cannot be admitted unless properly proven in court.

9. Documentary Evidence in Electronic Form (E-Commerce Act, RA 8792)

Documents in electronic form are admissible provided:

  1. They comply with the requirements of RA 8792 and the Rules on Electronic Evidence.
  2. They are authenticated by demonstrating the method of creation, storage, and integrity of the electronic data.

10. Interpretation of Documentary Evidence

Courts are tasked to:

  1. Interpret the document according to the plain and ordinary meaning of its terms.
  2. Consider the entire document and its context.
  3. Allow extrinsic evidence only if there is ambiguity or incomplete terms.

11. Jurisprudence on Documentary Evidence

  1. Relevance and Materiality: The Supreme Court has consistently emphasized that irrelevant or immaterial documents are inadmissible. (e.g., People v. Jugueta, G.R. No. 202124)

  2. Authentication of Private Documents: In Heirs of Toring v. Heirs of Toring, the Court reiterated that private documents are inadmissible without authentication.

  3. Best Evidence Rule: In Republic v. Tuvera, the Supreme Court held that failure to present the original document without sufficient justification renders secondary evidence inadmissible.

12. Practical Considerations in Handling Documentary Evidence

  1. Always secure the original document for presentation in court.
  2. If originals are unavailable, be prepared to justify their absence and present secondary evidence.
  3. Maintain the integrity and chain of custody for all documents, particularly in electronic and notarized documents.
  4. Properly mark and pre-identify documents during pre-trial or preliminary conference to avoid admissibility issues during trial.

This comprehensive coverage ensures proper understanding and application of Rule 130 on Documentary Evidence in both civil and criminal litigation.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

Privacy Policy

Terms of Use

Lawyer Login

 
 
Privacy Policy         Terms of Use         Lawyer Login