2. Contents

Material Data Rule

The requirement for “material dates showing the timeliness of the appeal” is the same as the “material data rule” applicable to records on appeal with respect to the contents thereof.

When contents may be proven by Oral Evidence

After proper proof of the due execution and delivery of the instrument and its loss or destruction, oral evidence may be given of its contents by:

• Any person who signed the document;
• Any person who read it;
• Any person who heard it read knowing, or it being proved from the other sources, that the document so read was the one in question.
• Any person who was present when the contents of the document were talked over between the parties thereto to such an extent as to give him reasonably full information as to its contents
• Any person to whom the parties to the instrument have confessed or stated the contents thereof; (Francisco, p. 364 citing Michael & Co. v. Enriquez, G.R. No. 10824, 1915)

BUT NOTE: Hearsay Rule and Witness’s testimonial qualification of personal knowledge