 Not all objects are object evidence, and not all documents are documentary evidence.

Thus,
when you use a document to prove the existence of a contract (that an exchange of
consideration happened), then the document is use as object evidence, but if you use the object
to prove the price of the contract, then it is documentary evidence.

 Why do we need to know the distinction between documentary and object evidence? Because
if the document is use as object evidence, the best evidence rule, parole evidence rule, hearsay
evidence rule will not apply.

 Best evidence rule will not also apply if the one shown was the replica of the object evidence-
kaya wag mong sabihin “objection not the best evidence rule (they will all die laughing at you);
yong sabihin mo lang ay “objection, not the real thing!”

Example: Santiago Wakas, was charged of act of lasciviousness. He was presented in court. He is
an object evidence; however, if the issue turns to the content of his tattoo on the chest,
whether it is born to love or born to live, then Santiago becomes a documentary evidence, kaya
kailangan niyang maghubad para makita ang nakasulat sa tattoo niya.

Section 2. Documentary evidence. — Documents as evidence consist of writings, recordings,

photographs or any material containing letters, words, sounds, numbers, figures, symbols, or their
equivalent, or other modes of written expression offered as proof of their contents. Photographs
include still pictures, drawings, stored images, x-ray films, motion pictures or videos.

A. Writings or Paper Based Documents

-Conventional paper based writings.

B. “Or any other material” refers to any other solid surface but not paper such as blackboard, walls,
shirts, tables, floor.

1. As in a contract painted on the wall;

2. They include pictures, x-rays, videos or movies.

Note: Both kinds maybe handwritten, typewritten, printed, sketched or drawings or other modes of
recording any form of communication or representation. Example: The Rebus, Secret Codes.

However, being writings or materials containing modes of written expressions do not ipso facto make
such writings or materials documentary evidence. For such writings or materials to be deemed
documentary evidence, the same must be offered as proof of their contents. If offered for some other
purpose, the writings or materials would not be deemed documentary evidence but merely object
evidence.
The following are the REQUISITES FOR THE ADMISSIBILITY of documentary evidence:
(a) The document must be relevant;
(b) The evidence must be authenticated;
(c) The document must be authenticated by a competent witness; and
(d) The document must be formally offered in evidence.

Section 3. BEST EVIDENCE RULE

Original document must be produced: exceptions

-when the subject of inquiry is the contents of the documents, writing, recording, photograph, or
other record, no evidence is admissible other than the original document itself, except in the
following cases:

a. When the original is destroyed, or cannot be produced in court, without bad faith on the part of the
offeror; (example: Deed of sale, destroyed by Fire)
b. When the original is in the custody or under the control of the party against whom the evidence is
offered, and the latter fails to produced it after reasonable notice, or the original cannot be obtained by
local judicial process or procedure; (Ex: notice to other party TO PRODUCE EVIDENCE)
c. When the original consists of numerous accounts or other documents that cannot be examined in
court without great loss of time and the fact sought to be established from them is only the general
result of the whole; (Ex: The income of a business entity for a period of time maybe known through the
income tax return field by it, or by the result of the examination of an accountant)
d.When the original is a public record in the custody of a public officer or is recorded in a public office.
Reason: The Principle of Irremovability of Public Records i.e. public records cannot be removed or
brought out from where they are officially kept.
Exception to exception: Only upon prior Order from the court as when an actual inspection is necessary
for the proper determination of the case, as in cases of falsification pursuant to the Gregorio Doctrine. In
the absence of a court order, the official may be liable for infidelity in the custody of documents.
e. When the original is not closely related to the controlling issue

ORIGINAL DOCUMENT RULE:

Provides that no evidence is admissible other than the original documents itself when the subject of the
inquiry is the contents of a document, writing, recording, photograph or other record.

SO: Absence showing that original writing has been lost, destroyed or cannot be produced in court, the
photocopy must be disregarded.

EXAMPLES:

CIVIL:
1. Enforcement of a contract, collection of money based on (on the contents of) a promissory note,
damages for failure to comply with the terms of a written agreement
2. Defense of release, payment, novation, condonation, as embodied in a written document
CRIMINAL:
 i. made (created) upon or contained (e.g. libel); or
ii. evidenced by a document such as in falsification, perjury

PURPOSE: To ensure accuracy and avoid the risk of mistransmission of contents of writing, To prebent
commission of fraud, perjury or substitution.

The requirement of authentication of a private document is excused only in four instances, specifically:
(a) when the document is an ancient one within the context of Section 21, Rule 132 of the Rules of
Court; (b) when the genuineness and authenticity of an actionable document have not been specifically
denied under oath by the adverse party;
(c) when the genuineness and authenticity of the document have been admitted; or
(d) when the document is not being offered as genuine.

Waiver of the Rule

The original document rule may be waived.
a. If during trial, when secondary evidence is offered, and the party does not object or challenged
admissibility.

Section 4. Original of document. —

(a) An "original" of a document is the document itself or any counterpart intended to have the same
effect by a person executing or issuing it. An "original" of a photograph includes the negative or any
print therefrom. If data is stored in a computer or similar device, any printout or other output readable
by sight or other means, shown to reflect the data accurately, is an "original."
(b) A "duplicate" is a counterpart produced by the same impression as the original, or from the same
matrix, or by means of photography, including enlargements and miniatures, or by mechanical or
electronic re-recording, or by chemical reproduction, or by other equivalent techniques which
accurately reproduce the original.
(c) A duplicate is admissible to the same extent as an original unless (1) a genuine question is raised as to
the authenticity of the original, or (2) in the circumstances, it is unjust or inequitable to admit the
duplicate in lieu of the original.

Secondary evidence is any evidence other than the document itself:

Example: 1. a copy 2. recital of its contents in some authentic document 3. recollection of the witness 4.
a chart, summary, or calculation. RIANO: Before secondary evidence can be presented, it is imperative
that all the originals of a deed must be accounted for.
The burden of proof in establishing loss or destruction of the original is on the proponent of the
secondary evidence

3. PAROL EVIDENCE RULE

Section 10. Evidence of written agreements. — When the terms of an agreement have been
reduced to writing, it is considered as containing all the terms agreed upon and there can
be, as between the parties and their successors in interest, no evidence of such terms other than the
contents of the written agreement.

Essence of the Rule: It forbids or prohibits any attempt to vary, contradict, or modify the
terms of a written agreement by the use of testimonial/oral evidence. Purpose of the rule To
give stability to written agreement and remove the temptation and possibility of perjury, which
would be afforded if parol evidence was admissible.

What are the exceptions to the parol evidence rule?

A party may present evidence to modify, explain, or add to the terms of the agreement of HE PUTS IN
ISSUE IN a VERIFIED PLEADING:
(a) An intrinsic ambiguity, mistake or imperfection in the written agreement
(b) The failure of the written agreement to express the true intent and agreement of the parties thereto.
(c)The validity of the written agreement; or
(d)The existence of other terms agreed to by the parties or their successors in interest after the execution
of the written agreement.
The term agreement includes wills.

Distinctions between the Original Document Rule & Parol Evidence Rule

ORIGINAL DOCU PAROL EVIDENCE

Scope: the BER applies to while the PER is limited
all kinds of written to contracts and wills.
documents
Prohibit: Prohibits the Prohibits the varying
introduction of terms of the written
substitutionary or agreement. Prohibits the
secondary evidence. introduction of
substitutionary or
secondary evidence.
Applies to all types of Applies only to
writings documents contractual in
nature (written
agreements)
Involves any parties to the The controversy is
action. between the parties in the
written agreement.
Who invoke: the BER may while the PER may be
be invoked by any party to invoked only by a party
a case to the written agreement
and his successor in
interest, or by one given
right or imposed an
obligation by a written
agreement.
 (a) An intrinsic ambiguity, mistake or imperfection in the written agreement
1. intrinsic/ LATENT AMBIGUITY- When the writing on its face is clear and unambiguous but
there are collateral matters or circumstances which makes the meaning uncertain or the writing
admits of two constructions. Examples: (i) the donee is described as “My uncle Tom” but the
donor has several uncles named Tom
2. PATENT OR EXTRINSIC AMBIGUITY- When ambiguity is apparent on the face of the writing
itself and requires something to be added in order to ascertain the meaning of the word.
Example: (ii) sale of property without the property being described

3. INTERMEDIATE AMBIGUITY-When the words in the writing are all sensible and have settled
meaning, but admit 2 interpretations according to the subject matter in contemplation of the
parties. Example (i). the use of the word “dollar” (which dollar are you referring to?)

(b)The failure of the written agreement to express the true intent and agreement of the parties thereto.
Ex. There is Fraud, Accident, Ignorance, lack of skill, negligence, bad faith on the part of the
person drafting the instrument.

(c)The validity of the written agreement; or

(d)The existence of other terms agreed to by the parties or their successors in interest after the execution
of the written agreement.

WAIVER OF PAROL EVIDENCE

The parol evidence rule can be waived by failure to invoke the benefits of the rule. This waiver may be
made by failure to object to evidence aliunde. Inadmissible evidence may be rendered admissible by
failure to object. Even if parol evidence is admitted such admission would not mean that the court
would give probative value to the parol evidence.

Q: Who are bound by the parol evidence rule?

A: Only the parties. The rule that the terms of an agreement are to be proven only by the contents of
the writing itself refers to suits between parties to the contract and their successors in interest. The rule
does not bind suits involving strangers to the contract.

Q: What do you mean by introducing parol evidence?

A: It means offering extrinsic or extraneous evidence that would modify, explain or add to the terms of
the written agreement but parol evidence may only be allowed of any of the matters mentioned above
is put in issue in the pleadings. Otherwise, parol evidence cannot be introduced.

EXAMPLE: Seller sues Buyer for P300k, an amount representing the unpaid balance of the price of a car
bought by and duly delivered to the latter. Although the deed of sale stipulated a contract price of
P700k, the actual oral agreement was only for Buyer to pay a price of P400k, an amount already paid.
The amount as written in the deed of sale was actually a result of mere inadvertence.

 If Buyer wants to prove during the trial that the true price as agreed by the parties is P400k,
Buyer must allege in his answer to the complaint that there was a mistake in the writing and it
does not reflect the true agreement of the parties.
 Such allegations would put such matters in issue in the pleading, opening the door to the
introduction of parol evidence.
Note: Unless duly pleaded, a party will be barred from offering extrinsic evidence over the objection of
the adverse party.

4. Interpretation of Documents

Section 11. Interpretation of a writing according to its legal meaning. — The language of a writing is
to be interpreted according to the legal meaning it bears in the place of its execution, unless the
parties intended otherwise. (10)

Section 12. Instrument construed so as to give effect to all provisions. — In the construction of an
instrument, where there are several provisions or particulars, such a construction is, if possible, to be
adopted as will give effect to all. (11)

Section 13. Interpretation according to intention; general and particular provisions. — In the
construction of an instrument, the intention of the parties is to be pursued; and when a general and a
particular provision are inconsistent, the latter is paramount to the former. So a particular intent will
control a general one that is inconsistent with it. (12)

Section 14. Interpretation according to circumstances. — For the proper construction of an

instrument, the circumstances under which it was made, including the situation of the subject thereof
and of the parties to it, may be shown, so that the judge may be placed in the position of those
whose language he or she is to interpret. (13a)

Section 15. Peculiar signification of terms. — The terms of a writing are presumed to have been
used in their primary and general acceptation, but evidence is admissible to show that they have a
local, technical, or otherwise peculiar signification, and were so used and understood in the
particular instance, in which case the agreement must be construed accordingly. (14)

Section 16. Written words control printed. — When an instrument consists partly of written words
and partly of a printed form, and the two are inconsistent, the former controls the latter. (15)

Section 17. Experts and interpreters to be used in explaining certain writings. — When the
characters in which an instrument is written are difficult to be deciphered, or the language is not
understood by the court, the evidence of persons skilled in deciphering the characters, or who
understand the language, is admissible to declare the characters or the meaning of the language.
(16)

Section 18. Of two constructions, which preferred. — When the terms of an agreement have been
intended in a different sense by the different parties to it, that sense is to prevail against either party
in which he or she supposed the other understood it, and when different constructions of a provision
are otherwise equally proper, that is to be taken which is the most favorable to the party in whose
favor the provision was made. (17a)

Section 19. Construction in favor of natural right. — When an instrument is equally susceptible of
two interpretations, one in favor of natural right and the other against it, the former is to be adopted.
(18)

Section 20. Interpretation according to usage. — An instrument may be construed according to

usage, in order to determine its true character