AUTHENTICATION AND PROOF OF DOCUMENTS (RULE 132)

Documentary evidence: offered as proof of their contents Object evidence: prove its existence

Classification of document: Concept of Authentication a. Preliminary step in showing the admissibility of an evidence. Unless a document is considered self-authenticating, it will not be admitted in evidence without prior authentication. This requirement discloses the existence in our legal system of a legal presumption that is not however, directly written in statutes or procedural rules but is necessarily implied therein. PRESUMPTION: that objects and documents presented in evidence, are as a rule, counterfeit. Evidence is not presumed authentic. Burden of proof: proponent of the evidence to prove its authenticity. EXAMPLE: A weapon, .38 revolver, found in the crime scene. To be admissible as evidence it must be authenticated. It must be shown to the satisfaction of court that the weapon is the very same weapon found in the crime scene. What to do: call someone to identify the weapon and affirm. Who to call: police investigator or someone who handled the evidence In a private document: authentication does not require a seal to be admissible Authentication under rules of ELECTRONIC EVIDENCE: 1. EvidenceDigitally signed by person purported to have signed the same 2. appropriate security procedures or devices were applied to the document. 3. By other evidence showing its integrity and reliability to the satisfaction of the judge. Concept of a DOCUMENT A deed, instrument or other duly authorized paper by which something is proved, evidenced or set forth. b. Public documents 1. Written official acts, or records of the official acts of the sovereign authority, official bodies and tribunals, and public officers, whether of the Philippines, or a foreign country; Also refer to those of a foreign country 2. Documents acknowledged before a notary public 3. Public records kept in the Philippines, of private documents required by law to be entered therein. Public document does not refer to the private document itself but the public record of that private document. Private All other writings Last wills and testaments even if notarized

EXAMPLE CHURCH REGISTRIES (birth, marriages, and deaths) made subsequent to the promulgation of General Orders No. 68 (Dec. 18, 1889) and the passage of Act No. 190 (Aug. 7, 1901) are NO LONGER PUBLIC WRITINGS, NOR ARE THEY KEPT DULY AUTHORIZED PUBLIC OFFICIALS THERFEORE, their authenticity must be proved. IMPORTANCE OF KNOWING WHETHER A DOCUMENT IS PUBLIC OR PRIVATE 1. 2. So that you dont have to prove its authenticity if its a public document. Notarized documents being public documents do not require authentication. They enjoy prima facie presumption of authenticity and due execution.

EVIDENCE - RULE 132

W.L. OASAN

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To overcome the presumption, there must be clear and convincing evidence. Clear and convincing evidence as to exclude all reasonable controversy as to falsity of the certificate. In the absence of such proof, the document must be upheld. Notarial seal converts the document from private to public. Should not be treated as an empty, meaningless, or routinary act. It is invested with substantive public interest. A notarial document is by law entitled to full faith and credit upon its face, and for this reason, notaries public must observe utmost care in complying with the elementary formalities in the performance of their duties. Otherwise, the confidence of the public in the integrity of this form of conveyance would be undermined. When a public officer in the performance of his duty makes an entry in the public record, the document of such entry is deemed prima facie evidence of the facts stated in the entry.

Special power of attorney executed abroad Must have: certificate of authentication by a secretary of the Phil. Embassyetc. or any officer in a foreign service of the Philippines stationed in the foreign country. *notary public in a foreign country cannot issue certificate.

Evidence of Public Record of a Private Document a. b. Original record Copy thereof Attested by the legal custodian of the record, with an appropriate certificate that such officer has the custody

How to prove LACK OF RECORD -written statement signed by an officer having custody of an official record or by his deputy (must be accompanied by a certificate of custody) . Which contains: a. there has been diligent search of the record b. despite search, no record of entry of a specified tenor is found to exist.

Evidence of official records of official acts; Attestation a. b. Official publication thereof Copy of the document attested by the officer having legal custody of the record or by the attestation of his deputy Record is not kept in the Philippines - must be accompanied by a certificate that such officer has the custody Certificate may be made a secretary of the embassy or legationetc. or any officer in the foreign service of the Philippines. The ATTESTATION must state in substance, the copy is a correct copy of the original, or a specific part thereof. Must be under the official seal of the attesting officer. Certificate and attestation are required because of the general rule of the irremovability of public records.

c.

LAST WILLS AND TESTAMENTS Must undergo an authentication process even if they are notarized. Substantive law provides that no will shall pass either real or personal property unless proved and allowed in the proper court.

d.

EVIDENCE - RULE 132

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3. PROOF OF PRIVATE DOCUMENT a. Anyone who saw it executed or written Rely on the personal knowledge of a witness Executed or signed in his presence He personally witnessed the execution or writing of the document Genuineness of the signature or handwriting of the maker Does not require that the document be executed in the presence of the witness. Testifies or shows evidence that the signature or handwriting of the maker is genuine

By a comparison made by the witness or the court, with writings admitted or treated as genuine by the party against whom the document is offered, or proved to be genuine to the satisfaction of the judge.

EXCEPTION TO THE RULE: ANCIENT DOCUMENTS when it is more than 30 years old is produced from a custody in which it would naturally be found if genuine unblemished by any alterations or circumstances of suspicion

b.

***evidence of authenticity need not be given. There is no need to prove its genuineness and due execution. There is no necessity for observance of the authentication process/ Must established first that the document is ancient and that it has the characteristics of a document so provided under Sec21. When all these are done, no other evidence of its authenticity need be given.

Manner of authentication applies only: When a private document is offered as authentic as when it is offered to prove that the document was truly executed by the person purported to have the same. o I found this document in the drawer of my table needs identification not authentication. o Witness wants to show the deed was indeed executed by his brother authentication is required.

HOW TO PROVE GENUINESS OF A HANDWRITING (Sec22) 1. 2. He has seen the person write He has seen writing purporting to be his upon which the witness has acted or been charged, and has thus acquired knowledge of the handwriting of such person

BAR 1990 In the trial of a case on July 5, 1990, plaintiff offered in evidence a receipt dated July 7, 1959 issued by Defendant Company which was found in a cabinet for receipts of payment. It is without any blemish or alteration. As no witness testified on the execution and authenticity of the document, defendant moved for the exclusion of this receipt notwithstanding that it is a private writing. Should the motion be granted? Suggested answer: NO. There is no need for a witness to testify as to its execution and authenticity. The testimony will only be for the purpose of identifying the document and not to prove it authenticity. There is an exception to the rule requiring proof of the genuineness and due execution of a private

EVIDENCE - RULE 132

W.L. OASAN

document. The exception is in the case of a private ancient document as in the instant case. When this is done, there is no need to prove its authenticity. Rule 132, sec 21, ROC Note: even if the document is not ancient, it is submitted that a private document the authenticity of which has been admitted by the parties requires no further authentication

Grounds: o Lack of jurisdiction in the court or judicial officer o Collusion between the parties o Fraud in the party offering the record, in respect to the proceedings.

Registration of contracts: reasons 1. When it is required by law to be registered, the same must be. In a public instruments. Public documents are evidence, even against a third person, of the fact which gave rise to their execution and of the date of its execution. Certain contracts must be embodied in a public instruments in order to be valid Donation of an immovable Donation of a movable with a value exceeding five thousand pesos A partnership where immovable property or real rights are contributed.

HOW TO EXPLAIN ALTERATIONS IN A DOCUMENT 1. Alteration was made by another without his concurrence 2. Alteration with the consent of the parties affected 3. Alterations otherwise properly or innocently made or did not anyway change the meaning or language of the instrument Failure to do any of the above will make the document inadmissible in evidence

2. 3.

HOW TO PROVE DOCUMENTS IN AN UNOFFICIAL LANGUAGE (Sec33) GR: shall not be admitted as evidence, it must be accompanied by a translation into English or Filipino. *must be made before trial

IMPEACHMENT OF JUDICIAL RECORD Judicial record record of judicial proceedings -contains entries or files or the official acts of a judicial officer and judgment of court.

EVIDENCE - RULE 132

W.L. OASAN