How Are Certified True Copies Secured for Criminal Annexes?
Introduction
Criminal complaints often depend on government records such as permits, licenses, tax documents, customs papers, official certifications, inspection reports, and registry entries. Although these records may appear authentic, their evidentiary value depends on proper identification, custody, certification, and presentation.
A compliance officer preparing a criminal complaint should therefore obtain records in a form that establishes both their contents and their official origin. A certified true copy may substantially reduce authentication disputes, but it does not automatically prove every fact asserted in the document or guarantee the success of the criminal case.
What Is a Certified True Copy?
A certified true copy is a reproduction of an official record that has been authenticated by the officer having legal custody of the original record, or by the officer’s authorized deputy. The certification generally confirms that the copy faithfully reproduces the original or the relevant portion of it.
Under Section 25, Rule 132 of the 2019 Amendments to the 1989 Revised Rules on Evidence, an attestation must state, in substance, that the copy is a correct copy of the original or of a specific part of it. The attestation must also bear the official seal of the attesting officer, if there is one, or the seal of the court when the attesting officer is the clerk of court. 2019 Amendments to the 1989 Revised Rules on Evidence
Governing Rule for Public Records
Section 24, Rule 132 provides that an official record may be proved through an official publication or through a copy attested by the officer with legal custody of the record or by that officer’s deputy. The rule applies when the record is admissible for the purpose for which it is offered.
For a record kept in the Philippines, the usual method is to secure a copy certified by the responsible custodian or an authorized deputy. The certification should identify the issuing office, the record, the certifying officer, the officer’s position, and the date of certification.
The Supreme Court explained that a public document kept in the Philippines may be proved through an official publication or a copy attested by the officer having legal custody of the record or by the officer’s deputy. Public documents are generally admissible without additional proof of their due execution and genuineness, although the Original Documents Rule must still be observed when their contents are offered in evidence. Legaspi, Sr. v. People of the Philippines, G.R. No. 241986, November 28, 2022. Legaspi, Sr. v. People of the Philippines
Who Should Issue the Certification?
The certification should come from the government office that has legal custody of the record. The proper certifying officer is not necessarily the officer who signed or created the original document. The material question is whether the officer has custody of the official record or has been duly authorized to certify copies.
Examples include the following:
- Local government records: the city or municipal secretary, civil registrar, building official, treasurer, or another authorized records custodian, depending on the document;
- Corporate or registration records: the authorized records officer of the government agency maintaining the registry;
- Tax records: the authorized officer of the Bureau of Internal Revenue;
- Customs records: the authorized officer of the Bureau of Customs; and
- Court records: the clerk of court or the authorized records officer.
A certification issued by an employee who merely possesses a photocopy, without legal custody or authority to certify, may be challenged. The compliance officer should request proof of the certifying officer’s authority when the agency’s procedures do not make that authority clear.
What Should the Certification Contain?
Before accepting the document, inspect both the copy and the certification. The following details should ordinarily be present:
| Item | What to Check |
|---|---|
| Identity of the record | Document title, record number, date, parties, and relevant pages |
| Completeness | All pages, annexes, attachments, stamps, and notations included |
| Certification language | Statement that the copy is a correct copy of the original or specified portion |
| Certifying officer | Name, position, signature, and authority to certify |
| Official seal or equivalent | Agency seal, dry seal, security stamp, or other official authentication required by the issuing office |
| Date of issuance | Date when the copy was certified |
The copy should be legible and should reproduce relevant signatures, seals, marginal notes, corrections, and attachments. If any portion is illegible or missing, obtain a replacement rather than relying on an incomplete copy.
Procedure for Obtaining Certified True Copies
1. Identify the Exact Record Needed
Begin with the factual elements of the suspected offense. Identify the specific government record that proves or supports each element. Avoid requesting a broad and undefined file when a particular permit, assessment, certification, registry entry, or official report is required.
Prepare a document request that states the record’s title, approximate date, reference number, parties, issuing office, and purpose. If the record has several pages or attachments, request the complete record and not merely the first page.
2. Determine the Custodian
Confirm which government office maintains the original. Records may be held by a central office, regional office, field office, local government unit, court, or records center. The office that issued the document may not always be the office that currently keeps it.
When records have been transferred, request confirmation of the present custodian. The National Archives of the Philippines is authorized to preserve public archives and to issue or authenticate reproduced copies, certified true copies, certifications, and extracts of public archives under Section 6 of the National Archives of the Philippines Act of 2007. National Archives of the Philippines Act of 2007
3. Submit a Written Request
The request should identify the requesting person or entity, the purpose of the request, and the specific documents sought. It should ask that the copies be certified by the officer having legal custody or by an authorized deputy.
Where permitted, attach an authorization, subpoena, investigation order, company secretary’s certificate, or other document establishing the requester’s authority. Some records may be subject to confidentiality, privacy, privilege, or statutory access restrictions.
4. Verify the Agency’s Certification Requirements
Government offices may impose additional requirements concerning application forms, identification, authorization, fees, processing periods, security paper, documentary stamps, or release procedures. Compliance with those requirements helps establish that the copy was regularly issued.
The requested certification should not merely state that the document is a “true copy” without identifying the original record or the authority of the certifying officer. Ask the agency to clarify any abbreviated certification language before the document is attached to the complaint.
5. Inspect the Released Copy
Upon release, compare the certified copy with the request and, when possible, with the original record or the agency’s electronic record. Check page numbering, attachments, signatures, seals, dates, alterations, and handwritten entries.
Record the date of release, the name and position of the releasing officer, the receipt number, and any transaction reference. Preserve the official receipt and the written request as part of the investigative file.
6. Preserve the Chain of Custody
Place the certified copy in a controlled case file. Record who received it, who reviewed it, whether it was scanned, and when it was transmitted to the prosecutor. Keep the original certified copy in a secure location and use working copies for internal review.
If the document is scanned or digitally transmitted, retain the physical certified copy. The electronic version may be useful for case preparation, but the physical copy remains important when the authenticity or completeness of the annex is challenged.
Certified Copies in Tax and Customs Complaints
For complaints filed by the Bureau of Internal Revenue or the Bureau of Customs involving violations of Philippine tax and customs laws, Department Circular No. 033 requires the submission to the investigating prosecutor of at least ten sets of certified true copies of the documents forming part of the complaint and subsequent pleadings, for every count.
The copies must be legible and must indicate the name, position, and title of the certifying person. However, the same circular provides that the investigating prosecutor must continue the preliminary investigation using the photocopies submitted if the certification requirement has not yet been satisfied. A complaint may not be dismissed solely on that ground during preliminary investigation. Department Circular No. 033
This means that compliance officers should distinguish between two matters: the prosecutor’s duty to proceed with the preliminary investigation and the eventual need to present competent and properly authenticated evidence at the appropriate stage of the case.
Photocopies, Certified Copies, and Original Documents
A plain photocopy is not equivalent to a certified true copy. A photocopy may assist the prosecutor in evaluating a complaint, but it may be insufficient to establish the contents and official character of the record when the document is formally offered in evidence.
Section 8, Rule 130 recognizes that when the original document is in the custody of a public officer or recorded in a public office, its contents may be proved by a certified copy issued by the public officer in custody of the record. 2019 Amendments to the 1989 Revised Rules on Evidence
Certification does not dispense with every evidentiary requirement. The offering party must still show relevance, materiality, proper identification, and compliance with the Original Documents Rule where applicable. The document must also be connected to the offense and to the person or transaction involved.
Certified Copies of Court Decisions and Orders
When a criminal pleading or petition relies on a judgment, order, or resolution, the annex should be an authenticated original of a certified true copy or a duplicate original, not merely a photocopy of the certified copy.
The Supreme Court has required strict compliance with the attachment of a certified true copy or duplicate original of the assailed adjudicatory document in petitions for certiorari. The copy must be exact, complete, legible, and compliant with the issuing entity’s regulations. Garcia, Jr., et al. v. Court of Appeals, et al., G.R. No. 171098, October 14, 2008. Garcia, Jr., et al. v. Court of Appeals, et al.
Similarly, the Supreme Court has stated that a certified true copy must comply with the issuing entity’s regulations and that the authenticated original of the certified true copy, rather than a mere photocopy, should be attached to the initiatory pleading. Ortigas & Company Limited Partnership v. Velasco, et al., G.R. No. 109645, September 4, 2015. Ortigas & Company Limited Partnership v. Velasco, et al.
Common Problems and Their Solutions
| Problem | Recommended Response |
|---|---|
| Certification is signed by an unidentified employee | Request the employee’s full name, position, and written authority to certify. |
| Pages or annexes are missing | Request the complete record and obtain a replacement certification. |
| Copy is illegible | Ask for a clearer reproduction, preferably from the original or official digital record. |
| Certification states only “verified” | Request language confirming that the copy is a correct copy of the original or specified portion. |
| Original record cannot be located | Obtain a written certification of unavailable records and determine whether secondary evidence is legally available. |
When the Original Record Is Unavailable
If the government office cannot locate the original, do not create or alter a replacement copy. Request a written certification stating that the record is unavailable, the steps taken to locate it, and whether an official reproduction, database extract, duplicate, or archival copy exists.
The legal effect of an unavailable-record certification depends on the applicable evidentiary rules and the facts showing loss, destruction, or nonexistence. A certification that no record was found is not automatically proof of the substantive facts that the missing document would have established.
The investigating team should also preserve testimony or other evidence from the records custodian concerning the agency’s recordkeeping system, the regularity of the entry, and the search conducted. The admissibility and weight of such evidence must be assessed separately from the authenticity of a certified copy.
Using Certified Records in a Criminal Complaint
Each annex should be connected to a factual allegation in the complaint. The complaint should explain, in simple terms, what the document is, where it came from, who certified it, and which element or circumstance it supports.
For example, a certified permit may establish that an application was filed or that a permit was issued, but it may not by itself prove that the applicant personally made a false statement. Additional evidence may be necessary, such as application forms, inspection records, payment documents, agency correspondence, witness testimony, or forensic findings.
Compliance officers should prepare an evidence matrix with the following columns:
- offense and statutory element;
- specific fact to be proved;
- public document or other evidence supporting the fact;
- custodian and certifying officer; and
- anticipated authenticity, hearsay, completeness, or relevance objection.
Limits of Certified True Copies
A certified true copy establishes a stronger foundation for proving the existence and contents of an official record. It does not automatically establish the truth of every statement contained in the record, the identity of the person who supplied the information, or the commission of the offense.
The prosecution must still establish the accused’s participation, the required criminal intent when applicable, the reliability of the underlying information, and the other elements of the offense beyond the applicable evidentiary threshold. Certification addresses document authenticity; it does not replace proof of the crime.
Recommended Compliance Checklist
- Identify the exact record and the fact or offense element it supports.
- Confirm the government office with legal custody of the original.
- Request a certified true copy from the custodian or authorized deputy.
- Check the certification, signature, position, date, seal, and authority.
- Verify that all pages, annexes, signatures, and official markings are included.
- Preserve the request, receipt, release details, and chain-of-custody records.
- For tax and customs complaints, comply with the ten-set requirement under Department Circular No. 033.
- Match each annex to a specific factual allegation and statutory element.
- Retain the physical certified copy even after scanning or electronic transmission.
Conclusion
A properly secured certified true copy is an important part of a well-prepared criminal complaint involving public records. The compliance officer should focus not only on obtaining a copy, but also on proving that the copy came from the lawful custodian, faithfully reproduces the official record, and directly supports a material fact.
Before filing, conduct a final document audit covering completeness, certification, authority, legibility, custody, and relevance. These steps cannot guarantee conviction, but they can reduce avoidable objections and give the prosecutor a reliable evidentiary foundation for evaluating the complaint.
About Nicolas and De Vega Law Offices
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