Meaning

Sec. 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.
 
For such writings to be deemed documentary evidence, the same must be offered in evidence as proof
of their contents.
 If they are offered for some other purpose, it will merely be object evidence.
Requisites for Admissibility
a. The document must be relevant
b. The evidence must be authenticated by a witness
c. The document is formally offered in evidence
Original Document Rule
Meaning of the Rule
SECTION 3.  Original Document Must be Produced; Exceptions. — When the subject of inquiry is the
contents of a document,  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  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,  or the
original cannot be obtained by local judicial processes or procedures;
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;
d. When the original is a public record in the custody of a public officer or is recorded in a public
office; and
e. When the original is not closely-related to a controlling issue.  (3a)
 
GENERAL RULE: No evidence shall be admissible other than the original document itself.
This rule covers only situations wherein the subject of the inquiry are the contents of the document.
 
This rule acts as an insurance against fraud. The mere copy of the original is not as reliable as the original
document because of possible inaccuracy in the process of copying and the danger of erroneous
transmission of the original.
 
WAIVER
May be waived if not objected
 
When NOT applicable
 Does NOT comprehend object and testimonial evidence.
 Where the issue is the execution and existence of the document
o Without reference to the terms of the documents
 When the document involved in the inquiry is only collateral in issue
 o To show facts that have reference to its existence, condition, execution or delivery
 
In a murder case, the court overruled the objection that the original letter written by the victim when he
was shot must be presented. The letter is not the subject of an important issue in this case. (Riano)
 
In a prosecution for ill-gotten wealth, the Republic presented photocopies of certain documents to prove
its contents. The Court categorically ruled that such offer of mere photocopies violate the "original
document rule", which mandates that the evidence must be the original document itself. (Republic v
Marcos-Manotoc)
 
In an action against the taxpayer, the best evidence under Sec 16 of the 1997 NIRC does not include
mere photocopies of records. The copies presented have no probative weight and are mere scraps of
paper. (CIR v Hantex)
 
HOW TO APPLY
1. What is the matter inquired into?
2. Is it a document?
3. Is it the contents of the document?
 
Original and Duplicate Document
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
i. a genuine question is raised as to the authenticity of the original, or
ii. in the circumstances, it is unjust or inequitable to admit the duplicate in lieu of the
original.  (4a)
 
When carbon sheets are inserted between two or more sheets of writing paper so that the writing of a
contract upon the outside sheet, including the signature of the party to be charged thereby, produces a
facsimile upon the sheets beneath, such signature being thus reproduced by the same stroke of pen
which made the surface or exposed impression, all of the sheets so written on are regarded as duplicate
originals and either of them may be introduced in evidence as such without accounting for the
nonproduction of the others.  (Capital Shoes Factory, Ltd. v. Traveler Kids)
 
Thus, when the Senate consequently voted to adopt the term "electronic data message," it was
consonant with the explanation of Senator Miriam Defensor-Santiago that it would not apply "to telexes
or  faxes, except computer-generated faxes, unlike the United Nations model law on electronic
commerce." 
 
Facsimile  transmissions are not, in this sense, "paperless," but verily are paper-based. Accordingly, in an
ordinary  facsimile  transmission, there exists an original  paper-based  information or data that is
scanned, sent through a phone line, and re-printed at the receiving end. Be it noted that in enacting
the  Electronic Commerce Act of 2000, Congress intended  virtual or paperless  writings to be the
functional  equivalent and to have the same  legal function  as paper-based documents. Ineluctably, the
law's definition of "electronic data message," which, as aforesaid, is interchangeable with "electronic
document," could not have included facsimile  transmissions, which have an  original paper-based copy
as sent  and a  paper-based  facsimile  copy  as received.  These two copies are distinct from each other,
and have different legal effects. 
 
We, therefore, conclude that the terms  "electronic data message" and "electronic document," as defined
under the  Electronic Commerce Act of 2000, do not include a  facsimile  transmission. Accordingly,
a  facsimile  transmission  cannot be considered as  electronic evidence. It is not the functional equivalent
of an original under the Best Evidence Rule and is not admissible as  electronic evidence.
 
Since a  facsimile  transmission is not an "electronic data message" or an "electronic document," and
cannot be considered as electronic evidence by the Court, with greater reason is a photocopy of such a
fax transmission not electronic evidence. (MCC Industrial v Ssangyong Corp)
 
ORIGINALS UNDER THE EER
SECTION 1.  Electronic  Documents as functional equivalent of paper-based documents. — Whenever a
rule of  evidence  refers to the term writing, document, record, instrument, memorandum or any other
form of writing, such term shall be deemed to include an  electronic  document as defined in these Rules.
 
RULE 4
Best  Evidence  Rule
SECTION 1.  Original of an  Electronic  Document. — An  electronic  document shall be regarded as the
equivalent of an original document under the Best  Evidence  Rule if it is a printout or output readable by
sight or other means, shown to reflect the data accurately.
 
SECTION 2.  Copies as equivalent of the originals. — When a document is in two or more copies
executed at or about the same time with identical contents, or is a counterpart produced by the same
impression as the original, or from the same matrix, or by mechanical or  electronic  re-recording, or by
chemical reproduction, or by other equivalent techniques which accurately reproduces the original, such
copies or duplicates shall be regarded as the equivalent of the original.
 
Notwithstanding the foregoing, copies or duplicates shall not be admissible to the same extent as the
original if:
a. a genuine question is raised as to the authenticity of the original; or 
b. in the circumstances it would be unjust or inequitable to admit the copy in lieu of the
original.
 
Secondary Evidence; Summaries
SECTION 5.  When Original Document is Unavailable. —
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
o copy
o by recital of its contents in some authentic document
o by the testimony of witnesses, in the order stated. (5a) 
 
The correct order of proof is:
Existence --> Execution --> Loss --> Contents
Although at the sound discretion of the court, this order may be changed if necessary. (Citibank v
Teodoro)
 
SECTION 6.  When Original Document is in Adverse Party's Custody or Control. —
If the document is in the custody or under the control of the adverse party, he  or she  must have
 satisfactory proof of its existence
 reasonable notice to produce
 he  or she  fails to produce the document, secondary  evidence  may be presented as in the case of
its loss. (6a)
 
The offeror must prove that he has done all in his power to secure the evidence by giving notice to the
said party to produce the document.
o The notice may be in the form of motion for the production of the original
o Notice may be made in open court in the presence of the adverse party
o Or via subpoena duces tecum (Magdayao v People)
 
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. (See Section 5 above) 
 
SECTION 7.  Summaries. —
When the contents of documents, records, photographs, or numerous accounts are
 voluminous and
 cannot be examined in court without great loss of time, and the
 fact sought to be established is only the general result of the whole
 the original is available and accessible to the other party
o for examination, copying or both
o at a reasonable time and place
 
the contents of such  evidence  may be presented in the form of a chart, summary, or calculation.
 
The court may order that they be produced in court.  (n)
 
As a condition precedent to the admission of a summary of numerous documents, the proponent must
lay a proper foundation for the admission of the original document on which the summary must be
based. The source documents must be original and not secondary and must be made accessible to the
opposing party so that the correctness of the summary may be tested on cross-examination or may be
refuted in the pleadings. (Republic v Mupas)
 
SECTION  8.  Evidence  Admissible When Original Document is a Public Record. —
 When the original of a document
o is in the custody of a public officer or
o is recorded in a public office,
 
its contents may be proved by a certified true copy issued by the public officer in custody thereof. (7)
 
Public records are generally not to be removed from the place where they are recorded and kept.
 
SECTION  9.  Party Who Calls for Document Not Bound to Offer It. — A party who calls for the
production of a document and inspects the same is not obliged to offer it as  evidence. (8)