1. Documentary Evidence and original document rule.pptx

documentary evidence and original document rule

1. Documentary Evidence

2. Documents, as evidence, do not exclusively refer to writings. They may refer to any other materials like object as long as it contains letters, words, numbers, figures, symbols or other modes of written expression and offered as proof of their contents.

3. Writings Any other material containing modes of written expressions

4. Exclusionary Rules Original Document Rule Parol Evidence Rule Hearsay Rule

5. Requisites for admissibility of documentary Evidence The document must be relevant The evidence must be authenticated The document must be authenticated by a competent witness The document must be formally offered in evidence

6. Original Document Rule formerly known as “Best Evidence Rule”

7. When the subject of the inquiry is the contents of a document, writing, recording, photograph or other record, no evidence shall be admissible other than the original document itself, except in the following cases: When the original is lost, or destroyed, or cannot be produced in court, without bad faith on the part of the offeror; 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 reproduce it after reasonable notice, or the original cannot be obtained by local judicial processes or procedures. 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 When the original is a public record in the custody of a public officer or is recorded in a public office When the original is not closely-related to a controlling issue.

8. The original document rule applies when the evidence is documentary. The rule does not apply where the issue is the execution or existence of the document or the circumstances surrounding its execution.

9. Purpose of the rule The rationale behind the rule is the avoidance of dangers of mistransmissions and inaccuracies of the contents of the document.

10. Waiver of the Rule The original document rule may be waived if not raised in the trial.

11. When document is merely collateral in issue. A document is collaterally in issue when the purpose of introducing the document is not to establish its terms, but to show facts that have no reference to its contents like its existence, condition, execution or delivery. The rule does not apply.

12. How to apply the original document rule Determining the matter inquired into. – it involves a document, and the subject is its content. If for a reasonable cause, the document cannot be presented, presenting secondary evidence is allowed by the rules. (there must be an adequate legal excuse.) “Present the original, except when you can justify its availability in the manner provided by the Rules of Court.”

13. Meaning of the “original” Section 4, Rule 30

14. Originals under the Rules on Electronic Evidence If a data is stored in a computer or a similar device, any printout or other output readable by sight or other means, shown to reflect the data accurately, is an original.

15. Excuses for not presenting the original document When the original is lost or destroyed, or cannot be produced in court, without bad faith on the part if the offeror; 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 the judicial processes or procedures

16. Secondary Evidence It refers to evidence other than the original instrument or document itself.

17. Secondary evidence may be admitted only by laying the basis for its production. Section 5, Rule 130. The offeror must prove the execution or existence of the original document The offeror must show the cause of its unavailability was not due to his bad faith The offeror must show the cause of its unavailability such as the loss or destruction of the original The offeror must show that due diligence had been exercised in searching for it

18. Presentation of secondary evidence should be in the following order: A copy of the original A recital of the contents of the document in some authentic document By the testimony of witnesses

19. Correct order of proof is as follows: EXISTENCE, EXECUTION, LOSS, and CONTENTS

20. Macua Vda . De Avenido vs. Avenido , GR. No. 173540, January 22, 2014

21. Requisites for the introduction of secondary evidence when the original is in the custody or control of the adverse party, or cannot be obtained by local judicial processes or procedures That the original exists The said document is under the custody or control of the adverse party That the proponent of the secondary evidence has given the adverse party reasonable notice to produce the original documents That the adverse party failed to produce the origina document despite the reasonable notice That the original cannot be obtained by the local judicial processes or procedures.

22. The offeror must prove that he has done all in his power to secure the best evidence by giving notice to the said party to produce the document. The presentation of the contents of numerous accounts or documents may be in the form of a chart, summary, or calculation. However, the originals shall be available for examination or copying or both, by the adverse party at a reasonable time and place. Secondary evidence when the original document is a public record: certified true copy. A party who calls for the production of a document and inspects the same is not obliged to offer it as evidence.

23. PAROL EVIDENCE RULE 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.

24. This has a direct application to the law on contracts. Contracts which the parties have decided to set forth in writing.

25. A party may present evidence to modify, explain or add to the terms of the written agreement if he or she puts in issue in a verified pleading: An intrinsic ambiguity, mistake or imperfection in the written agreement; The failure of the written agreement to express the true intent and agreement of the parties thereto The validity of the written agreement The existence of other terms agreed to by the parties or their successors in interest after the execution of the written agreement

26. Under the Rules of Court, the written agreement is already “considered to contain all the things agreed upon.” If this be so, the written agreement already represents the final expression of the agreement, any extraneous or “ parol ” evidence is inadmissible for any of the following purposes:   Modify Explain Add to the terms of the written agreement

27. An instance when evidence aliened or parole evidence may be allowed to modify, explain or even to the written agreement is when an intrinsic ambiguity exists in the written agreement.   Where ambiguity is patent or extrinsic, parol evidence will not be admitted even if the same is put in issue in the pleading.

28. MISTAKE OR IMPERFECTION IN THE WRITING AND FAILURE TO EXPRESS THE TRUE AGREEMENT OF THE PARTIES The mistake or imperfection must be put in issue in the pleading by the party who wants to prove the defect in the writing.

29. Waiver of the Parol Evidence Failure to invoke the benefits of the rule. Even if parol evidence is admitted, it does not ean that he court would give probative value to the parl evidence. Admissibility is not the equivalent of probative value or credibility.