“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
