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Cri415 Lesson 7

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Grace Angway
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6 views

Cri415 Lesson 7

Uploaded by

Grace Angway
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Documentary evidence consists of:

A. Any writing offered as proof of its contents;


B. Any material containing letters, words, numbers, figures, symbols or other
modes of written expression offered as proof of their contents (Rule 130, Sec.
4).
1. The following are the requisites for presentation of documentary evidence:
A. should be authenticated and proved in a manner provided in the rules of court;
B. The document should be identified and marked; and
C. They should be formally offered to the court and shown to the opposing party so
that the latter may have the opportunity to object thereto.
Notes: Under this rule, it define and enumerate what are considered a documents.
Documents are not limited to those written in a piece of paper. Anything that refers to
writing either in words, numbers, figures, symbols or anything writing that expresses
written expression.

Ex. A vandal on the wall. A wording written in a shirt. A sign in written in the building or
warning sign in the traffic streets, a tattoo in the skin. All of these are documentary
evidence, as long it expresses a written word or any expression offered in court the
same is considered as Documentary Evidence.

1. Best Evidence- When the subject of inquiry is the contents of a document, no


evidence shall be admissible other than the original document itself (Rule 130, Sec.
4), except in the following cases:

A. When the original has been lost or destroyed, or cannot be produced in court,
without bad faith on the part of the offeror;
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 produce it after reasonable
notice;
C. When the original consists of numerous accounts or other documents which
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; and
D. When the original is a public record in the custody of a public officer or is
recorded in a public office.

Notes: Under this rule, the law requires that if one is going to present what is
written in a document, the requirement is that the it should be an original copy.
However, the law does not prohibit the presentation of a secondary or inferior
evidence in the absence of the original copy, but to do so, one must first
account the due execution or existence the original and convince the court of
the contents of the original copy of the documents, otherwise, the same will not
be allowed.
Enumerated above the instances where one can present secondary evidence. If
the original is lost, or the original is in the adverse party and the complainant
does not have any original copy but a secondary evidence, and he proves
during the trial the original is in possession of other party, however the latter
failed to producer the original after he was given by the court the produce the
original copy of the document in question, or the original document is
voluminous and presenting said document will take the time of court, where the
issue is merely the end result of the voluminous document, and lastly, certified
copy issued by government offices, who has in their possession the original of
the document in question.

2. The purpose of the rule requiring the production of the best evidence is the
prevention of FRAUD because if a party is in possession of such evidence and
withheld it, and seek to substitute inferior evidence in its place, the presumption
naturally arise that the better evidence is withheld for fraudulent purposes.

3. The document is considered original when:


A. original of the document is one the contents of which are 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 (Rule 130, Sec. 4).

Notes: Under this rule, this are considered as original copy. A document
executed and signed by the parties at the same time will regarded all copies as
original. The same if the document is executed on a routine basis or repeated
regularly in the course of a transaction as usually done will be regarded as
original.
4. The forms of Secondary evidence are:
A. Copy of the original;
B. Recital of its contents in some authentic document;
C. Testimony of witnesses in the order stated. (Rule 130, Sec. 4)

Notes: Under this rule, enumerated are the type of secondary evidence that a
party can offer in lieu of the absence of the original in the order stated. First is a
copy of an original, in the absence of any copy any recital about the document in
question in any authentic document or in the absence of the first two, then the
party can present a witness who was present or act as a witness in the
document, the testimony of the latter about the document is regarded as
secondary evidence.

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