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  • Presentation of Secondary Evidence

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    Adi Aumentado
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    This document outlines the requirements for introducing secondary evidence to prove the contents of documents when the original is unavailable. It discusses laying the foundation, which requires proving the original document's existence and the cause of its unavailability. It also covers situations where the original is in an adverse party's custody, consists of numerous accounts, or is a public record. Finally, it provides the hierarchy of preferred secondary evidence as copies, recitals, or witness testimony.

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    This document outlines the requirements for introducing secondary evidence to prove the contents of documents when the original is unavailable. It discusses laying the foundation, which requires proving the original document's existence and the cause of its unavailability. It also covers situations where the original is in an adverse party's custody, consists of numerous accounts, or is a public record. Finally, it provides the hierarchy of preferred secondary evidence as copies, recitals, or witness testimony.

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    97 views1 page

    Presentation of Secondary Evidence

    Uploaded by

    Adi Aumentado
    This document outlines the requirements for introducing secondary evidence to prove the contents of documents when the original is unavailable. It discusses laying the foundation, which requires proving the original document's existence and the cause of its unavailability. It also covers situations where the original is in an adverse party's custody, consists of numerous accounts, or is a public record. Finally, it provides the hierarchy of preferred secondary evidence as copies, recitals, or witness testimony.

    Copyright:

    © All Rights Reserved
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    of 1

    Laying the Foundation

    The offeror should comply with the requirements of laying the foundation for the introduction of
    secondary evidence in order to be allowed to prove the contents of the documents by secondary
    evidence.
    When original document is unavailable.
    1. The existence or execution* of the original document;
    2. The cause of its unavailability;
    3. That the unavailability of the document is not due to the bad faith of the offeror. (Sec. 5 Rule 130)
    *The due execution and authenticity of the document must be proved either by:
    (a) by anyone who saw the document executed or written, or
    (b) by evidence of the genuiness of the signature or handwriting of the maker (Sec. 20 Rule 132)

    When original document is in adverse partys custody or control.


    1. That the original exists;
    2. That said document is under the custody or control of the adverse party;
    3. That the proponent of secondary evidence has given the adverse party reasonable notice to
    produce the original document; and
    4. That the adverse party failed to produce the original document despite the reasonable notice.
    (Sec. 6 Rule 130)
    When the original consists of numerous accounts
    1. That the original consists of numerous accounts or other documents;
    2. They cannot be examined in court without great loss of time; and the facts sought to be
    established from them is only the general result of the whole (Sec. 3c Rule 130)
    When the original is a public record in the custody of a public officer or is recorded in a public
    office
    Certified true copy of the original issued by the public officer in custody of the public record. (Sec.
    7 Rule 130)

    Hierarchy of Preferred Secondary Evidence


    The presentation of secondary evidence must strictly be in the following order:
    1. A copy of the original;
    2. A recital of the contents of the document in some authentic document; or
    3. By the testimony of witnesses (Sec. 5 Rule 130)

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