Documentary Evidence
On Evidence
Documentary Evidence
Documentary Evidence
Writings or any material containing letters, words, numbers, figures,
symbols or other modes of written expression offered as proof of their
content.(Rule 130, Sec.2)
Document
Any substance having any matter expressed or described upon it by
marks capable of being read.
NOTE: If it is produced without regard to the message which it
contains, it is treated as real evidence.
Bar Exam Question 1994
Is the photocopy of the marked P100.00 bills used in the “buy-bust”
operation real (object) evidence or documentary evidence?
Answer: The photocopy of the marked bills is real (object) evidence
not documentary evidence, because the marked bills are real evidence.
Is the photocopy admissible in evidence?
Answer: Yes, the photocopy is admissible in evidence, because the
best evidence rule does not apply to object or real evidence.
Bar Exam Question 2005
May a private document be offered, and admitted in evidence both as
documentary evidence and as object evidence? Explain.
Answer: Yes, it can be considered as both documentary and object
evidence.
A private document may be offered and admitted in evidence both as
documentary evidence and as object evidence.
A document can also be considered as an object for purposes of
the case.
Objects as evidence are those addressed to the senses of the court.
(Sec. 1, Rule 130, Rules of Court)
Documentary evidence consists of writings or any material containing
letters, words, numbers, figures, symbols or other modes of written
expressions, offered as proof of their contents.
(Sec. 2, Rule 130, Rules of Court)
Hence, a private document may be presented as object evidence in
order to 'establish certain physical evidence or characteristics
that are visible on the paper and writings that comprise the
document.