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Original Document

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Original Document








What is an original document?
1. The original of a document is one in two the contents of which are
   the subject of inquiry.
2. When a document is in two or more copies, executed at or about the
   same time, with identical contents, all such copies are equally
   regarded as originals.
3. When an entry is repeated in the regular course, of business, one
   being copied from another at or near the time of the transaction,
   all entries are likewise equally regarded as originals.

Document - is a deed, instrument or other duly authorized appear by
which something is proved, evidenced or set forth.

Documentary evidence is that which is furnished by written instruments,
inscriptions and documents of all kinds.

Rule of Exclusion: that which is secondary evidence cannot inceptively
be introduced as the original writing itself must be produced in court,
except in the four instances mentioned in Section 3.

The non-production of the original document unless justified in
Section 3, gives rise to the presumption of suppression of evidence.

In the case of real evidence, secondary evidence of the fact in issue
may readily be introduced without having to account for the
non-production of such primary evidence.

With respect to documentary evidence, the best evidence rule applies
only when the content of such document is the subject of inquiry.

If carbon copies are signed, they are considered as originals.

In criminal cases, where the issue is not only with respect to the
contents of the document but also as to whether such document
actually existed, the original itself must be presented.

Affidavits and depositions are considered as not being the best
evidence, hence not admissible if the affiants or deponents are
available as witness.

If the issue is the contents of the telegram as received by the
addressee, then the original dispatch received is the best evidence
and on the issue as to the telegram sent by the sender, the original
is the message delivered for transmission. If the issue is the
inaccuracy of transmission, both telegrams as sent and received
are originals.

General Rule: An objection by the party against whom secondary
evidence is sought to be introduced is essential to bring the best
evidence rule into application. Where secondary evidence has been
admitted, the rule of evidence might have been successfully invoked
if proper and timely objection had been taken.

When a duplicate or a copy is amended or altered by the party, it
becomes the original.

Blueprints and vellum tracings have been held to be originals rather
than copies.

Photocopies are not originals since they are reproduced at a latter
time.

When an entry is repeated in the regular course of business, one
being copied from another at or near the time of the transaction,
all the entries are regarded as originals.

An electronic document shall be regarded as the equivalent of an
original document under the Best Evidence Rule if it is a printout
or output readable by sight or other means, shown to reflect the
data accurately.

Bar Exam Question 2003
a) State the rule on the admissibility of an electronic evidence.
b) When is an electronic evidence regarded as being the equivalent
   of an original document under the Best Evidence Rule?

SUGGESTED ANSWER:
a) 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.

   An electronic document is admissible in evidence if it complies
   with the rules on admissibility prescribed by the Rules of Court
   and related laws and is authenticated in the manner prescribed    
   by these Rules. (Sec.2 of Rule 3)
   The authenticity of any private electronic document must be
   proved by evidence that it had been digitally signed and other
   appropriate security measures have been applied.

b) An electronic document shall be regarded as the equivalent of an
   original document under the Best Evidence Rule if it is a printout
   or output readable by sight or other means, shown to reflect the
   data accurately.

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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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