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RTC found Westwind and ATI liable to Philam of the full claim P633,957.15 with interest (d) when the document is not being offered as genuine.
and absolved RF Revilla. However, although the CA found both Westwind and ATI
liable, it modified the award P190,684.48 as Philam was only able to prove the damage In this case, both the Marine Certificate and the Subrogation Receipt are private
of the one Frame Axle and not the 6 chassis. All parties appealed to the SC; hence, these documents. And since none of the exceptions aforementioned are present in this case,
3 consolidated cases. they need to be authenticated to be admitted.
ISSUE: Whether the Marine Certificate and the Subrogation Receipt were With regard to the Subrogation Receipt, Philam presented its claims officer Onchangco
authenticated and thus admissible? Subrogation Receipt only to testify on the execution of the Subrogation Receipt. Ongchango testified that he
personally delivered the check payment to Universal Motors and personally saw an
DECISION officer of Universal signed the Subrogation Receipt that it issued. To establish the
The nature of the documents as public or private determines how they will be admitted authenticity of document, the Rules required the testimony of the person who saw the
in evidence in court. For public documents enumerated under Section 19 of Rule 132 document executed or written. With the testimony of Onchangco, the trial court did
are self-authenticating and need not be authenticated to be presented as evidence in not err in admitting the Subrogation Receipt.
court. On the other hand, private documents is any other writing, deed or instrument
executed by a private person without the intervention of a notary or other person However, the same cannot be said of the Marine Certificate. Onchangco merely
legally authorized by which some disposition or agreement is proved or set forth. identified such document and did not testified that he personally saw an authorized
Because a private document lacks the sovereign character of a public document or the officer of Philam signed it. Yet, even without the Marine Certificate, the Subrogation
solemnities prescribed by law, it requires authentication prescribed under Section 20 Receipt, on its own, is adequate proof that Philam paid the consignee’s claim on the
of Rule 132 which provides: damaged goods.
SEC. 20. Proof of private document. — Before any private document offered As regards the issuance of Marine Certificate after the fact of loss occurred, said
as authentic is received in evidence, its due execution and authenticity must document simply certifies the existence of an open insurance policy in favor of the
be proved either: consignee. The Court finds it completely absurd to suppose that any insurance
(a) By anyone who saw the document executed or written; or company, of sound business practice, would assume a loss that has already been
(b) By evidence of the genuineness of the signature or handwriting of realized, when the profitability of its business rests precisely on the non-happening of
the maker. the risk insured against.
Any other private document need only be identified as that which it is claimed
to be. 3. Lazaro v Agustin
G.R. No. 152364. April 15, 2010
The requirement of authentication of a private document is excused only in four
instances: FACTS
This complaint for partition is filed by Alejandra and Leoncio Santos against the children
(a) when the document is an ancient one within the context of Section 21, Rule of their eldest sibling Basilisa. The complaint alleged the following facts: The 4 Santos
132 of the Rules siblings, viz. Basilisa (married to Agustin; dead), Alejandra (married to Lazaro), Leoncio,
(b) when the genuineness and authenticity of the actionable document have and Alberto (dead), inherited from their father a parcel of land. The siblings agreed that
not been specifically denied under oath by the adverse party; the land be titled under the name of Basilisa, as she is the eldest, but such would not
(c) when the genuineness and authenticity of the document have been necessarily mean that she is the sole owner. A house was built on the land with the
admitted; or money contributed mainly by Alejandra and her husband. Without the knowledge of
Highly paraphrased! Read at your own risk. 3
her siblings, Basilisa transferred the title to her children. Alejandra informed Basilisa In this case, the notary public was presented to testify on the due execution and
that the transfer would imply that she is the exclusive owner thereof to which Basilisa authenticity of the Affidavit. However, the Court ruled that his testimony is not enough
replied that she executed an Affidavit recognizing the ¼ share of her siblings on the lot. to rebut the evidence presented by the children of Basilisa considering that he
Thereafter, Basilisa died. When Alejandra and Leoncio tried to initiate a partition, the admitted that the Affidavit was already thumbmarked when presented to him by one
children of Basilisa opposed on the ground that they are the exclusive of the same. who claimed to be Basilisa Santos and whom, the witness said he did not know
personally. Further, what makes the documents suspect is the fact that it was
MTCC ruled that no evidentiary value could be given to the Affidavit allegedly executed subscribed on the same date as the financial statement of Alejandra Santos.
by Basilisa because the affiant was not presented on the witness stand, such that all
the statements made in her Affidavit were hearsay. It also gave credence to the The court point out here that the principal function of a notary public is to authenticate
testimony of the notary public that the said Affidavit was already complete and documents. When a notary public certifies to the due execution and delivery of a
thumbmarked when the same was presented to him by a person who claimed to be document under his hand and seal, he gives the document
Basilisa. the force of evidence. Hence, a notary public must discharge his powers and duties,
which are impressed with public interest, with accuracy and fidelity. A notary public
RTC affirmed with modification that Alejandra built the house in good faith and thus should not notarize a document unless the persons who signed the same are the very
entitled to indemnity. CA affirmed. same persons who executed and personally appeared before him to attest to the
contents and truth of what are stated therein.
Hence, this petition. Petitioners contended that petitioners contended the following:
(1) Basilisa's Affidavit which recognizes her siblings' share in the disputed property is a Side issue
declaration against interest which is one of the recognized exceptions to the hearsay It is wrong for petitioners to argue that Basilisa's alleged sworn statement is a
rule; (2) since the Affidavit was duly notarized, it should be admitted in court without declaration against interest. It is not a declaration against interest. Instead, it is an
further proof of its due execution and authenticity. admission against interest. There is a vital distinction between admissions against
interest and declarations against interest. Admissions against interest are those made
ISSUE: Whether the Affidavit can be given full faith and credence in view of the issues by a party to a litigation or by one in privity with or identified in legal interest with such
raised regarding its genuineness and due execution? NO party and are admissible whether or not the declarant is available as a witness.
Declarations against interest are those made by a person who is neither a party nor in
DECISION: privity with a party to the suit, are secondary evidence, and constitute an exception to
In general, a notarized document carries the evidentiary weight conferred upon it with the hearsay rule. They are admissible only when the declarant is unavailable as a
respect to its due execution, and documents acknowledged before a notary public have witness. In the present case, since Basilisa is respondents' predecessor-in-interest and
in their favor the presumption of regularity. However, not all notarized documents are is, thus, in privity with the latter's legal interest, the former's sworn statement, if
exempted from the rule of authentication. An affidavit does not automatically become proven genuine and duly executed, should be considered as an admission against
a public document just because it carried notarial jurat. The presumptions that interest.
attached to notarized documents can be affirmed only so long as the notarization was
regular.
Although the questioned sworn statement is a public document having in its favor the
presumption of regularity, such presumption was adequately refuted by competent
witnesses.
Highly paraphrased! Read at your own risk. 4
4. Republic of the Philippines vs Unabia private writing authorized by law, is self-authenticating and requires no further
G.R. No. 213346. February 11, 2019 authentication in order to be presented as evidence in court.
During trial, the following persons testified: The law makes no preference, much less distinction among and between the different
(1) Teodoro, the bank manager, testified that Corazon has been a borrower means stated above in proving the handwriting of a person. It is likewise clear from the
of the bank years prior and that it was Corazon who approached him about foregoing that courts are not bound to give probative value or evidentiary value to the
a loan. opinions of handwriting experts, as resort to handwriting experts is not mandatory.
(2) The notary public, Atty Trias, who notarized the SPA testified that Corazon
appeared before him to have the SPA notarized although said document In this case, although the Bank agreed to abide by the conclusions in the NBI report
was already signed by her and since he personally knew Corazon he did relative to Corazon's signature, the courts may not be compelled to adopt such
not inquire whether the signature was that of Corazon. findings. Besides, RBSI's evidence does not depend upon the NBI report and NBI
(3) The NBI expert testified that there are significant differences between the expert's testimony; expert testimony is irrelevant to RBSI in view of positive testimony
signatures in the SPA and the samples. from its witnesses to the effect that Corazon appeared before them and signed the
questioned SPA. Besides, the questioned SPA is a notarized document. Only petitioners
Deogracia et al invoked that the finding of the NBI expert is binding upon as agreed are entirely dependent on the NBI report and Dominguez's testimony, since they have
upon by them in the pre-trial conference and that the testimony of Atty Trias is no other way of proving that Corazon did not sign the questioned SPA.
unreliable since he is working for the bank and has office in the bank premises for 10
years.
ISSUE: Whether the signature in the SPA was proven to be that of Corazon? YES
Highly paraphrased! Read at your own risk. 6
7. Makati Shangri-La Hotel vs Harper et al ISSUE: Whether the documents presented by the widow and son duly authenticated to
G.R. No. 189998. August 29, 2012 be admissible? YES
FACTS DECISION
Christian Harper, a Norwegian, visited the Philippines and checked in to Makati Sections 24 and 25 of Rule 132 state the following for a copy of records of public
Shangri-La Hotel. On the early morning of his supposed check out date, at 12:14am, documents be admitted:
Christian returned to his hotel room followed by a woman at 12:17am and a Caucasian
male at 2:48am. The woman left at 5:33am and the man at 5:46am. 1. must be attested by the officer having legal custody of the record:
a. with a certificate the such officer has the custody if the record is in the
At around 11am of the same day, a Caucasian male went to a jewelry store in Glorietta Philippines OR,
expressing interest to buy a Cartier’s lady’s watch valued at 320k using 2 MC credit b. with a certificate by the secretary of the embassy or legation, consul
cards and an American Express card issued in the name of Christian Harper. However, general, consul, vice consul, or consular agent or by any officer in the
during verification of the credit card representative, the man was not able to answer foreign service of the Philippines stationed in the foreign country in which
arousing the suspicion of the saleslady who has said man for his passport. The man the record is kept and authenticated by his seal, if the record is kept in a
hurriedly left the store leaving the passport and the cards. Christian’s family in Norway foreign country.
called him to inform him of the attempt to use his cards, but he was unreachable. The 2. The attestation must state, in substance, that the copy is a correct copy of the
family then called the Hotel and requested to check Christian’s room. The security original, or a specific part thereof, as the case may be. The attestation must be
personnel were shocked to discover his lifeless body, his eyes and mouth were covered under the official seal of the attesting officer, if there be any, or if he be the
with electrical tapes and his hands bound by a white rope. clerk of a court having a seal, under the seal of such court.
The widow Ellen and son Jonathan of the deceased with their representative in the In the case, the records of the documents herein are kept in Norway. The documents
Philippines, Gillera, filed this complaint for damages against Makati Shangri-La. To were not accompanied with a certificate that was duly attested by the person having
show that they are indeed the widow and son of the deceased, they presented the legal custody of the documents by stating that such person had custody of the
following documents: documents. However, the Court said that such deviation from the Rules is not enough
to reject their admission.
1. Birth Certificate of Jonathan showing he is the son of Ellen and Christian
2. Marriage Certificate of Ellen and Christian Birth Certificates
3. Birth certificate of Christian The birth certificates of Christian and Jonathan were extracts from the registry of births
4. Certificate from the Oslo Probate Court stating that Ellen was married to of Oslo, Norway, signed by Y. Ayse B. Nordal, Registrar. The Marriage Certificate of
Christian and both Ellen and Jonathan are listed as heirs of Christian Ellen and Christian was issued by the Office of the Vicar of Ullern. The probate court
certificate issued by the Oslo Probate Court. All documents were similarly
Makati Shangri-La opposed the admission of the documents on the ground that proof authenticated by the signatures of Tanja Sorlie of the Royal Ministry of Foreign Affairs
marriage and filiation presented did not comply with the rules on authentication of Norway as well as by the official seal of that office. Also, Consul Marian Jocelyn R.
because the legal custodian did not duly attest that the documents were the correct Tirol of the Philippine Consulate in Stockholm, Sweden authenticated the signatures of
copies and because there was no certification stating that “such officer has custody of Tanja Sorlie and the official seal of the Royal Ministry of Foreign Affairs of Norway,
the originals.” explicitly certifying to the authority of Tanja Sorlie "to legalize official documents for
the Royal Ministry of Foreign Affairs of Norway." The Consul further certified that the
Highly paraphrased! Read at your own risk. 7
Marriage Certificate was a true translation into English of a transcript of a Marriage certificate had evidentiary value to prove filiation if considered alongside other
Certificate. evidence of filiation. As such, a baptismal certificate alone is not sufficient to resolve a
disputed filiation.
In sum, the official participation in the authentication process of Tanja Sorlie of the Unlike Cabais and Conti, the PRESENT CASE has respondents presenting SEVERAL
Royal Ministry of Foreign Affairs of Norway and the attachment of the official seal of documents, like the birth certificates of Harper and respondent Jonathan Harper, the
that office on each authentication indicated that the documents were documents of a marriage certificate of Harper and Ellen Johanne Harper, and the probate court
public nature in Norway, not merely private documents. It cannot be denied that based certificate, all of which were presumably regarded as public documents under the laws
on Philippine Consul Tirol's official authentication, Tanja Sorlie was "on the date of of Norway.
signing, duly authorized to legalize official documents for the Royal Ministry of Foreign
Affairs of Norway." At a minimum, the documents substantially complied with the 8. Salas vs Sta. Mesa Market Corp
requirements of Section 24 and 25 of Rule 132. G.R. No. 157766. July 12, 2007
SMMC to the BIR and SEC for purposes of tax. The admission of Amado of the removing therefrom the P6,537,244.96 for loss of earning capacity on the ground that
genuineness and due execution of the documents made authentication unnecessary. the Income Certificate issued by the USAID, the employer of Jose Marcial, was self-
serving and was not supported by ITR or receipts. In the Supreme Court, the SC
ISSUE: Whether the authenticity of the audited financial statements was proven? NO awarded the P6,537,244.96 for loss of earning capacity. Both parties filed their
respective motions for reconsideration.
DECISION
The documents presented as evidence were mere copies of the audited financial G&S argued the USAID Certification used as basis in computing the award for loss of
statements submitted to the BIR and SEC. Neither party claimed that copies presented income is inadmissible in evidence because it was not properly authenticated and
were certified true copies of audited financial statements obtained or secured from the identified in court by the signatory thereof. However, the Heirs of Ochoa the USAID
BIR or the SEC which under Section 19 (c), Rule 132, would have been public Certification was properly admitted in evidence. This is because Jose Marcial's widow,
documents. Thus, the statements presented were private documents. Consequently, witness Ruby Bueno Ochoa, was able to competently testify as to the authenticity and
authentication was a precondition to their admissibility in evidence. due execution of the said Certification since the signatory thereof, Jonas Cruz (Cruz),
personally issued and handed the same to her the accuracy of the contents of the
During authentication in court, a witness positively testifies that a document presented Certification was never questioned by G & S as, in fact, it did not present evidence to
as evidence is genuine and has been duly executed or that the document is neither dispute its contents.
spurious nor counterfeit nor executed by mistake or under duress. In this case,
petitioner merely presented a memorandum attesting to the increase in the ISSUES:
corporation's monthly market revenue, prepared by a member of his management 1. Whether the USAID Certification a public document? YES
team. 2. Whether the USAID Certification needs to be authenticated? NO
Application of an exception to the authenticity requirement is not applicable, that is, DECISION
authentication is not necessary where the adverse party has admitted the genuineness 1. The subject USAID Certification is public document, hence, does not require
and due execution of a document. The fact, however, was that nowhere in his authentication. Section 19(a) of Rule 132 classifies the written official acts, or records
testimony did Amado Domingo categorically admit the authenticity of the copies of the of the official acts of the sovereign authority, official bodies and tribunals, and public
audited financial statements. He only testified that SMMC regularly submitted its officers, whether of the Philippines, or of a foreign country, as public documents.
audited financial statements to the BIR and SEC. There was never any admission that
the documents presented by petitioner were true or faithful copies of those submitted USAID is the principal United States agency that extends assistance to countries
to the BIR and the SEC. recovering from disaster, trying to escape poverty, and engaging in democratic reforms
and that it is an independent federal government agency that receives over-all foreign
9. Heirs of Ochoa v G&S Transport policy guidance from the Secretary of State of the United States. It was created through
G.R. No. 170071-25. July 16, 2012 Executive Order 10973 by President John F. Kennedy pursuant to the Foreign
Assistance Act of 1961. It is headed by an Administrator and Deputy Administrator,
FACTS both appointed by the President of the United States and confirmed by its Senate. From
These are 2 consolidated cases which stemmed from a complaint of damages filed by these, there can be no doubt that the USAID is an official government agency of a
the Heirs of Jose Marcial Ochoa against G&S Transport for his death while on board a foreign country, the United States.
taxi owned and operated by G&S Transport. The RTC ruled in favor of the heirs
awarding P6,537,244.96 for loss of earning capacity of the deceased. On appeal to the Hence, Cruz, as USAID's Chief of the Human Resources Division in the Philippines, is
CA, the CA affirmed the RTC decision but with modification as to the award of damages actually a public officer. Apparently, Cruz's issuance of the subject USAID Certification
Highly paraphrased! Read at your own risk. 9
was made in the performance of his official functions, he having charge of all employee
les and information as such officer.