This article talks about the admissibility of a photocopy of a document as evidence in a court proceeding.
In the recent case of People vs. Lastimosa, G.R. No. 265758, 03 February 2025, the Supreme Court held:
“A photocopy, being a duplicate, is admissible to the same extent as the original absent any genuine question as to the authenticity of the original or a showing that it is unjust or inequitable to admit the duplicate in lieu of the original.”
The aforesaid case involves Ybo Lastimosa (“Lastimosa”) who was charged with Murder for the killing of Ildefonso Vega, Jr. (“Ildefonso”). Among the evidence presented by the prosecution is the photocopy of Ildefonso’s death certificate. Being a mere photocopy, its admissibility was objected to by Lastimosa, harping on the prosecution’s failure to present Ildefonso’s original death certificate. Even so, the Regional Trial Court convicted Lastimosa of Homicide, while the Court of Appeals found him guilty of Murder.
The issue posed before the Supreme Court is whether the photocopy of the death certificate of Ildefonso is admissible in evidence.
The Supreme Court answered in the affirmative.
The Supreme Court ratiocinated that under the 2019 Revised Rules on Evidence, a duplicate is admissible to the same extent as the original absent any genuine question as to the authenticity of the original or a showing that it is unjust or inequitable to admit the duplicate in lieu of the original (Rule 130, Section 4c). A photocopy falls under the definition of a duplicate (Rule 130, Section 4b).
In this case, no question has been raised as to the authenticity of the original death certificate, nor was there an allegation that it would be unjust or inequitable to admit the duplicate. Therefore, “the duplicate of the death certificate of Ildefonso, marked as Exhibit “B” by the RTC, is admissible to the same extent as the original.”
In view of the foregoing, it is now settled in jurisprudence that a duplicate such as a photocopy is now admissible to the same extent as the original, but only if there is no genuine question as to the authenticity of the original or if it is not unjust or inequitable to admit the duplicate in lieu of the original.
Conversely, if there is a genuine question as to the authenticity of the original, or if it is unjust or inequitable to admit the duplicate in lieu of the original, the photocopy is still admissible—but not to the same extent as the original. The photocopy will thus be treated as secondary evidence and may be admitted only when the offeror explains why the original cannot be produced in court.
About Nicolas and De Vega Law Offices
If you are interested in filing a case in Philippine courts, we can help you. Nicolas and De Vega Law Offices is a full-service law firm in the Philippines. You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines. You may also call us at +632 84706126, +632 84706130, +632 84016392 or e-mail us at [email protected]. Visit our website https://ndvlaw.com/.
