Professional Documents
Culture Documents
BF Corporation
GR No. 145842, June 27, 2008
TOPIC: Rule 130
PONENTE: Velasco, Jr.
AUTHOR:
NOTES: (if applicable)
(a)
When the original has been 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; (Emphasis added.)
3. Four factual premises are readily deducible from the above exchanges, to wit: (1) the existence of the
original documents which ESHRI had possession of; (2) a request was made on ESHRI to produce the
documents; (3) ESHRI was afforded sufficient time to produce them; and (4) ESHRI was not inclined
to produce them.
Clearly, the circumstances obtaining in this case fall under the exception under Sec. 3(b) of Rule 130.
3.1 In other words, the conditions sine qua non for the presentation and reception of the photocopies of
the original document as secondary evidence have been met. These are: (1) there is proof of the original
documents execution or existence; (2) there is proof of the cause of the original documents
unavailability; and (3) the offeror is in good faith.
CASE LAW/ DOCTRINE:
DISSENTING/CONCURRING OPINION(S):