![]() Section 9.Ğvidence of written agreements. ![]() A party who calls for the production of a document and inspects the same is not obliged to offer it as evidence. Party who calls for document not bound to offer it. When the original of document is in the custody of public officer or is recorded in a public office, its contents may be proved by a certified copy issued by the public officer in custody thereof. Evidence admissible when original document is a public record. If after such notice and after satisfactory proof of its existence, he fails to produce the document, secondary evidence may be presented as in the case of its loss. If the document is in the custody or under the control of adverse party, he must have reasonable notice to produce it. When original document is in adverse party's custody or control. When the original document has been lost or destroyed, or cannot be produced in court, the offeror, upon proof of its execution or existence and the cause of its unavailability without bad faith on his part, may prove its contents by a copy, or by a recital of its contents in some authentic document, or by the testimony of witnesses in the order stated. (c) When an entry is repeated in the regular course of business, one being copied from another at or near the time of the transaction, all the entries are likewise equally regarded as originals. (b) When a document is in two or more copies executed at or about the same time, with identical contents, all such copies are equally regarded as originals. (a) The original of the document is one the contents of which are the subject of inquiry. (d) When the original is a public record in the custody of a public officer or is recorded in a public office. (c) When the original consists of numerous accounts or other documents which cannot be examined in court without great loss of time and the fact sought to be established from them is only the general result of the whole and (b) When the original is in the custody or under the control of the party against whom the evidence is offered, and the latter fails to produce it after reasonable notice (a) When the original has been lost or destroyed, or cannot be produced in court, without bad faith on the part of the offeror When the subject of inquiry is the contents of a document, no evidence shall be admissible other than the original document itself, except in the following cases: Original document must be produced exceptions. Documents as evidence consist of writing or any material containing letters, words, numbers, figures, symbols or other modes of written expression offered as proof of their contents. When an object is relevant to the fact in issue, it may be exhibited to, examined or viewed by the court. Objects as evidence are those addressed to the senses of the court. The admission may be contradicted only by showing that it was made through palpable mistake or that no such admission was made. An admission, verbal or written, made by the party in the course of the proceedings in the same case, does not require proof. During the trial, the court, on its own initiative, or on request of a party, may announce its intention to take judicial notice of any matter and allow the parties to be heard thereon.Īfter the trial, and before judgment or on appeal, the proper court, on its own initiative or on request of a party, may take judicial notice of any matter and allow the parties to be heard thereon if such matter is decisive of a material issue in the case. A court may take judicial notice of matters which are of public knowledge, or are capable to unquestionable demonstration, or ought to be known to judges because of their judicial functions. A court shall take judicial notice, without the introduction of evidence, of the existence and territorial extent of states, their political history, forms of government and symbols of nationality, the law of nations, the admiralty and maritime courts of the world and their seals, the political constitution and history of the Philippines, the official acts of legislative, executive and judicial departments of the Philippines, the laws of nature, the measure of time, and the geographical divisions. Evidence on collateral matters shall not be allowed, except when it tends in any reasonable degree to establish the probability or improbability of the fact in issue. Evidence must have such a relation to the fact in issue as to induce belief in its existence or non-existence. Evidence is admissible when it is relevant to the issue and is not excluded by the law of these rules. The rules of evidence shall be the same in all courts and in all trials and hearings, except as otherwise provided by law or these rules. Evidence is the means, sanctioned by these rules, of ascertaining in a judicial proceeding the truth respecting a matter of fact.
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