Thursday, January 2, 2014

Public documents are admissible in evidence even without further proof of their due execution and genuineness.

There is no question that the documentary evidence submitted by petitioner are all public documents. As provided in the Civil Code:

ART. 410. The books making up the civil register and all documents relating thereto shall be considered public documents and shall be prima facie evidence of the facts therein contained.

As public documents, they are admissible in evidence even without further proof of their due execution and genuineness.15 Thus, the RTC erred when it disregarded said documents on the sole ground that the petitioner did not present the records custodian of the NSO who issued them to testify on their authenticity and due execution since proof of authenticity and due execution was not anymore necessary. Moreover, not only are said documents admissible, they deserve to be given evidentiary weight because they constitute prima facie evidence of the facts stated therein. And in the instant case, the facts stated therein remain unrebutted since neither the private respondent nor the public prosecutor presented evidence to the contrary.”

See –

YASUO IWASAWA,
Petitioner,
-versus-
FELISA CUSTODIO GANGAN1
(a.k.a FELISA GANGAN
ARAMBULO, and FELISA
GANGAN IWASAWA) and the
LOCAL CIVIL REGISTRAR OF
PASAY CITY,
Respondents.

G.R. No. 204169
Promulgated: SEP 11 2013




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