When Can You Use a Photocopy in Court? Understanding Secondary Evidence

G.R. No. 110122, August 07, 1996, CELESTINA G. DE GUZMAN, PETITIONER, VS. COURT OF APPEALS, SPOUSES CRESENCIANO AND LUCILA DE GUZMAN, RESPONDENTS.

Imagine you’re in court, trying to prove a debt. You have a crucial letter where the debtor admits owing you money, but the original is lost. Can you still use a photocopy to win your case? Philippine law allows for the admission of secondary evidence, like photocopies, under specific circumstances. This case explores those circumstances and highlights the importance of proving the loss and due execution of the original document.

This case involved a dispute over a debt. The creditor presented a photocopy of a letter where the debtor allegedly acknowledged owing P92,000. The debtor denied the debt and claimed the letter was a forgery. The central legal question was whether the photocopy was admissible as evidence, given that the original was lost.

The Rules on Admissibility of Secondary Evidence in Philippine Courts

The Philippine Rules of Court govern the admissibility of evidence. The best evidence rule dictates that the original document must be presented in court. However, exceptions exist. Section 3, Rule 130 of the Rules of Court states, “When the original document has been lost or destroyed, or cannot be produced in court, after reasonable diligence and search has been made, its contents may be proved by secondary evidence.”

This means that a copy, a recital of the contents in some authentic document, or even testimony can be admitted if the original is unavailable. However, the party presenting the secondary evidence must first prove the due execution and loss or destruction or unavailability of the original. This is a crucial hurdle.

For example, imagine a contract is destroyed in a fire. To prove the contract’s existence and terms, a party could present a copy of the contract, along with testimony about the fire and the contract’s original existence. The court will then assess the credibility of this evidence.

In cases involving handwritten documents, proving due execution often involves handwriting analysis. Section 22, Rule 132 of the Rules of Court states, “Evidence respecting the handwriting of a witness may be given by comparison, made by the witness or the court, with writings admitted or treated as genuine by the party against whom the evidence is offered, or proved to be genuine to his satisfaction.”

The Story of the De Guzman Case

The spouses Cresenciano and Lucila De Guzman sued Celestina De Guzman to collect a debt of P92,000. They presented a photocopy of a letter, marked as Exhibit C, allegedly written by Celestina acknowledging the debt. The original letter was claimed to be lost.

Cresenciano testified that he received the letter offering to pay P92,000. He initially rejected the offer but later agreed due to financial need. When Celestina failed to pay, he sought legal counsel.

Celestina denied owing money and claimed the letter was a forgery. She also denied being the farm manager of the riceland owned in common by Lucila and her deceased husband, Andres. She denied being confronted about the letter.

The case proceeded through the following steps:

• The Regional Trial Court (RTC) ruled in favor of the spouses De Guzman.
• Celestina appealed to the Court of Appeals (CA).
• The CA affirmed the RTC’s decision.
• Celestina then appealed to the Supreme Court.

The Supreme Court upheld the lower courts’ decisions, finding that the photocopy of the letter was admissible as secondary evidence.

The Supreme Court emphasized the importance of credibility, stating, “As aptly observed by the Court of Appeals, ‘there is substantive basis to conclude that [petitioner] must have been preconditioned to deny any and all’ of private respondents’ assertions, thus making her testimony unworthy of credence and belief.”

The Court also quoted the Court of Appeals decision regarding the admissibility of the secondary evidence: “It is settled that if the original writing has been lost or destroyed or cannot be produced in court, upon proof of its execution and loss or destruction, or unavailability, its contents may be proved by a copy or a recital of its contents in some authentic document, or by recollection of witness.”

Practical Implications: What This Means for You

This case underscores the importance of keeping original documents safe. However, it also provides hope if a document is lost. If you find yourself in a similar situation, be prepared to prove the following:

• The due execution of the original document (e.g., through handwriting analysis or witness testimony).
• The loss or destruction of the original document (e.g., through an affidavit explaining the circumstances of the loss).
• That reasonable diligence was exercised in attempting to locate the original.

For instance, a business owner who loses a crucial contract can still rely on a photocopy if they can prove the original contract existed, was signed by both parties, and was lost despite diligent efforts to find it. They should also be prepared to present witnesses or other evidence to support the authenticity of the copy.

Key Lessons:

• Always keep original documents in a safe place.
• If a document is lost, document the circumstances of the loss immediately.
• Gather any available secondary evidence, such as copies or witness testimony.
• Be prepared to prove the due execution and loss of the original document in court.

Frequently Asked Questions (FAQs)

Q: What is the best evidence rule?

A: The best evidence rule states that the original document is the primary evidence and must be presented in court to prove its contents.

Q: When can I use a photocopy in court?

A: You can use a photocopy if you can prove that the original document was lost or destroyed, or is otherwise unavailable, and that the photocopy is a true and accurate copy of the original.

Q: How do I prove that the original document was lost?

A: You can prove the loss through your testimony, an affidavit explaining the circumstances of the loss, and any other relevant evidence, such as a police report.

Q: What is “due execution” of a document?

A: Due execution means that the document was properly signed and witnessed, if required, and that the parties intended to be bound by its terms.

Q: What if the other party claims the photocopy is a fake?

A: The burden is on you to prove that the photocopy is authentic. You may need to present expert testimony, such as a handwriting analyst, to verify the signature on the copy.

Q: Does this rule apply to all types of documents?

A: Yes, the rule on secondary evidence applies to all types of documents, including contracts, letters, and other written instruments.

Q: What happens if I can’t prove the loss of the original document?

A: If you cannot prove the loss of the original document, the court may refuse to admit the photocopy as evidence, which could significantly weaken your case.

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