e. Proof of Official Record

Transcript deemed prima facie correct

A transcript of the record of the proceedings made by the official stenographer, stenotypist or recorder and certified as correct by him shall be deemed prima facie a correct statement of such proceedings [Sec. 2, Rule 132]

Proof of official record

The record of public documents referred to in paragraph (a) of Section 19 (the written official acts, or records of the official acts of the sovereign authority, official bodies and tribunals, and public officers, whether of the Philippines, or of a foreign country), when admissible for any purpose, may be evidenced by:

• An official publication thereof
• By a copy attested by the officer having the legal custody of the record, or by his deputy and if the record is not kept in the Philippines, the attestation should be accompanied with a certificate that such officer has the custody. (Rule 132, Sec. 24, 1 st par.)

If the office in which the record is kept is in a foreign country which is a contracting party to a treaty or convention to which the Philippines is also a party, or considered a public document under such treaty or convention pursuant to paragraph (c) of Sec. 19 hereof: the certificate or its equivalent shall be in the form prescribed by such treaty or convention subject to reciprocity granted to public documents originating from the Philippines (Rule 132, Sec. 24, 2 nd par.)

The certificate shall not be required when a treaty or convention between a foreign country and the Philippines has abolished the requirement, or has exempted the document itself from this formality. (Rule 132, Sec. 24, 4th par., 2nd sentence)

For documents originating from a foreign country which is not a contracting party to a treaty or convention referred to [in Rule 132, Sec, 24, 2nd par.]: the certificate may be made by secretary of the embassy or legation, consul-general, consul, vice-consul or consular agent or by any officer in the foreign service of the Philippines stationed in the foreign country in which the record is kept, and authenticated by the seal of his or her office. (Rule 132, Sec. 24, 3rd par.)

A document that is accompanied by a certificate or its equivalent may be presented in evidence without further proof, the certificate or its equivalent being prima facie evidence of the due execution and genuineness of the document involved. (Rule 132, Sec. 24, 4th par., 1st sentence)

Even assuming (arguendo) that the POEA has jurisdiction to recognize and enforce a foreign judgment, still respondent Rances cannot rely upon the Dubai decision. The Dubai decision was not properly proved before the POEA. The Dubai decision purports to be the written act or record of an act of an official body or tribunal of a foreign country, and therefore a public writing under Section 20 (a) of Rule 132 of the Revised Rules of Court. Sections 25 and 26 of Rule 132 (now Sections 24 and 25 of Rule 132, respectively) prescribe the manner of proving a public or official record of a foreign country

Foreign laws do not prove themselves nor can the courts take judicial notice of them. Like any other fact, they must be alleged and proved. Written law may be evidenced by an official publication thereof or by a copy attested by the officer having the legal custody of the record, or by his deputy, and accompanied with a certificate that such officer has custody.

The certificate may be made by a secretary of an embassy or legation, consul general, consul, viceconsul, or consular agent or by any officer in the foreign service of the Philippines stationed in the foreign country in which the record is kept, and authenticated by the seal of his office (Spouses Zalamea v. Court of Appeals, G.R. No. 104235, 1993).

Attestation of a copy

Whenever a copy of a document or record is attested for the purpose of evidence, the attestation must state, in substance, that the copy is a correct copy of the original, or a specific part thereof, as the case may be.

The attestation must be under the official seal of the attesting officer, if there be any, or if he or she be the clerk of a court having a seal, under the seal of such court (Rule 132, Sec. 25).

The certificate (under Sec. 24) and attestation (under Sec. 25) are required, because of the general rule on the “irremovability of public records”: Any public record, an official copy of which is admissible in evidence, must not be removed from the office in which it is kept, except upon order of a court where the inspection of the record is essential to the just determination of a pending case [Rule 132, Sec. 26; Riano, Evidence, 174, 2016].

Proof of lack of record

A written statement signed by an officer having the custody of an official record or by his or her deputy that after diligent search no record or entry of a specified tenor is found to exist in the records of his or her office, accompanied by a certificate as above provided, is admissible as evidence that the records of his or her office contain no such record or entry (Rule 132, Sec. 28).

It is not a conclusive proof however of the nonexistence of the record at all. It only provides evidence that the record is not entered or found in such particular office.