Remedial Law, Legal and Judicial Ethics, with Practical Exercises › Evidence › Presentation of Evidence (Rule 132) › Authentication and Proof of Documents

b. Classes of Documents

Classes of documents

DOCUMENTS – a deed, instrument or other duly authorized paper by which something is proved, evidenced or set forth (US v. Orera, GR No. 3810, 1907).

For the purpose of their presentation in evidence, documents may either be public or private (Rule 132, Sec. 19).

PRIVATE DOCUMENTS

A private document is any other writing, deed, or instrument executed by a private person without the intervention of a notary or other person legally authorized by which some disposition or agreement is proved or set forth. (Patula v. People, G.R. No. 164457, 2012)

Public v. Private Documents

PUBLIC DOCUMENT PRIVATE DOCUMENT
Admissible without further proof as to its due execution and genuineness (Riano, Evidence, 172, 2016 citing Kummer v. People, GR No. 174461, 2013) Before admitted in evidence as authentic, its due execution and authenticity must be proved (Rule 132, Sec. 20)
Evidence even against third parties of the fact which gave rise to its due execution and of the date of the latter Binds only the parties and privies to the private writing as to the due execution and date of the document

Last wills and testaments are considered private documents EVEN IF notarized (Riano, Evidence, 167, 2016).

Church registries of births, marriages, and deaths made subsequent to the promulgation of General Orders No. 68, promulgated on December 18, 1889, and the passage of Act No. 190, enacted on August 7, 1901, are no longer public writings, nor are they kept by duly authorized public officials. They are private writings and their authenticity must, therefore, be proved, as are all other private writings in accordance with the Rules of Evidence (Riano, Evidence, 179, 2016 citing Llemos v. Llemos, G.R. No. 150162, 2007).

Authorities

  • Act No. 190, Sec. 7
  • General Orders No. 68, Sec. 18
  • Kummer v. People, G.R. No. 174461, 11 September 2013
  • Llemos v. Llemos, G.R. No. 150162, 26 January 2007
  • Patula v. People, G.R. No. 164457, 11 April 2012
  • Riano, Evidence, Sec. 167
  • Riano, Evidence, Sec. 172
  • Riano, Evidence, Sec. 179
  • Rule 132, Sec. 19
  • Rule 132, Sec. 20
  • United States v. Orera, G.R. No. L-3810, 18 October 1907