Rule 130 - Documentary Evidence Flashcards
Define 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.
[Section 2, Rule 130 - Rules of Admissibility, AM 19-08-15-SC - 2019 Amendments to the 1989 Revised Rules on Evidence]
What is the meaning of “recording” under Section 2, Rule 130?
A recording consists of letters, words, numbers or their equivalent recorded in any manner.
Under the rules, recording include “sounds”. Hence, a recording of a conversation , speech or other oral communication is considered as documentary evidence.
Riguera, Manuel R. (2022). Primer-Reviewer on Remedial Law, p. 668
What is the meaning of “photographs” under Section 2, Rule 130?
A “photograph” means a photographic image or its equivalent stored in any form offered as proof of their contents.
Photographs include still picture, drawings, stored images, x-ray films, motion pictures or videos.
Hence, a CCTV footgae of a person robbing a bank is considered as a photograph included in the definition of documentary evidence.
Riguera, Manuel R. (2022). Primer-Reviewer on Remedial Law, p. 668
What are the requisites for admissibility of documentary evidence?
The requsisites for admissibility of documentary evidence are:
1. The document must be** relevant**.
2. The evidence must be authenticated.
3. The document must be authenticated by a competent witness
4. The document must be be formally offered in evidence.
RIANO, Willaird B., EVIDENCE: The Bar Lecture Series (2019), p. 159
Differentiate an ORIGINAL of a document and a DUPLICATE.
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.”
[Section 4(a), Rule 130 - Rules of Admissibility, AM 19-08-15-SC - 2019 Amendments to the 1989 Revised Rules on Evidence]
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 recording, or by chemical reproduction, or by other equivalent techniques which accurately reproduce the original.
[Section 4(b), Rule 130 - Rules of Admissibility, AM 19-08-15-SC - 2019 Amendments to the 1989 Revised Rules on Evidence]
San Beda MemAid (2021)
Explain the ORIGINAL DOCUMENT RULE?
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.
[Section 3, Rule 130 - Rules of Admissibility, AM 19-08-15-SC - 2019 Amendments to the 1989 Revised Rules on Evidence]
Cite the general rule and exceptions to the Original Document Rule (ODR.)
GENERAL RULE: Under the Orginal Document Rule, the original writing must be produced and provided.
EXCEPTIONS TO ODR: [PLANC]
1. When the original is lost or detsroyed or cannot be produced in court, withoutout bad faith on the part of teh offeror
2. 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 a reasonable notice (those in custody of the adverse party) or the original cannot be obtained by local judicial processes and procedures
3. When the original consist of numerous accounts or other documents which cannot be examined in court without great loss of time and the fact soight to be established from them is only the general result of the whole
4. When the original is a public record in the custody of a public officer or is recorded in a public office
5. When the orginal is not closely-related to the controlling issue
[Section 3, Rule 130 - Rules of Admissibility, AM 19-08-15-SC - 2019 Amendments to the 1989 Revised Rules on Evidence]
When is the Original Document Rule (ODR) applicable?
Original Document Rule (ODR) applies only when the subject of inquiry is the contents of the document.
It does not apply to object or testimonial evidence. But only when the evidence is documentary since one who wants ro prove the contents of a document need to present the original of a document.
Riano, Williard B., EVIDENCE: The Bar Lecture Series (1029), p. 160-161
Is an electronic document considered a documentary evidence?
YES, an elctronic document is a functional equivalent of a paper-based document.
Section 1, Rule 3 of the Rules on Electronic Evidence provides:
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.
[Section 1, Rule 3, A.M. No. 01-7-01-SC Rules on Electronic Evidence]
Section 1, Rule 3, A.M. No. 01-7-01-SC Rules on Electronic Evidence
