Private documents; how authenticated and proved - G.R. No. 164457

G.R. No. 164457

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Petitioner also contends that the RTC grossly erred in admitting as evidence Exhibits B to YY, and their derivatives, inclusive, despite their being private documents that were not duly authenticated as required by Section 20, Rule 132 of the Rules of Court.

Section 19, Rule 132 of the Rules of Courtdistinguishes between a public document and a private document for the purpose of their presentation in evidence, viz: 

Section 19. Classes of documents. – For the purpose of their presentation in evidence, documents are either public or private.

Public documents are:

(a)    The written official acts, or records of the official acts of the sovereign authority, official bodies and tribunals, and public officers, whether of the Philippines, or of a foreign country;

(b)   Documents acknowledged before a notary public except last wills and testaments, and

(c)    Public records, kept in the Philippines, of private documents required by law to be entered therein.

All other writings are private.

The nature of documents as either public or private determines how the documents may be presented as evidence in court. A public document, by virtue of its official or sovereign character, or because it has been acknowledged before a notary public (except a notarial will) or a competent public official with the formalities required by law, or because it is a public record of a private writing authorized by law, is self-authenticating and requires no further authentication in order to be presented as evidence in court.In contrast, 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. Lacking the official or sovereign character of a public document, or the solemnities prescribed by law, a private document requires authentication in the manner allowed by law or the Rules of Courtbefore its acceptance as evidence in court. The requirement of authentication of a private document is excused only in four instances, specifically: (a) when the document is an ancient one within the context of Section 21,[28] Rule 132 of the Rules of Court; (b) when the genuineness and authenticity of an actionable document have not been specifically denied under oath by the adverse party;[29](c) when thegenuineness and authenticity of the document

have been admitted;[30] or (d) when the document is not being offered as genuine.[31]

There is no question that Exhibits B to YY and their derivatives were private documents because private individuals executed or generated them for private or business purposes or uses. Considering that none of the exhibits came under any of the four exceptions, they could not be presented and admitted as evidence against petitioner without the Prosecution dutifully seeing to their authentication in the manner provided in Section20 of Rule 132 of the Rules of Court,viz:

Section 20. Proof of private documents. – Before any private document offered as authentic is received in evidence, its due execution and authenticity must be provedeither:

(a)    By anyone who saw the document executed or written; or

(b)   By evidence of the genuineness of the signature or handwriting of the maker.

Any other private document need only be identified as that which it is claimed to be.

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