Dungo, Mark I.

JD 3-1

Difference between the Best Evidence Rule and the Parol Evidence Rule

In the Best Evidence Rule, the original document is not available or there is a dispute as to whether said writing is
original. Whereas in Parol Evidence Rule it presupposes that the original document is available in court.

In terms of application, the Best Evidence Rule does not apply to all types of evidence. It only applies when the
evidence is documentary, and the content of the document is the subject of the inquiry. Where the issue is the
execution or existence of the document or the circumstances surrounding its execution, the best evidence rule
does not apply and testimonial evidence is admissible (Arceo v. People, 495 SCRA 204). Whereas, Parol Evidence
Rule applies to contracts which the parties have decided to set forth in writing. Therefore, Parol Evidence Rule
does not apply to oral contracts.

On its purpose, “the Best Evidence Rule ensures that the exact contents of a document are brought before the
court. The Best Evidence Rule, likewise, acts as an insurance against fraud. The rule protects against misleading
inferences resulting from the intentional or unintentional introduction of selected portions of larger set of
writings” (Republic v. Mupas, G.R. No. 181892). The Best Evidence Rule prohibits the introduction of secondary
evidence in lieu of the original document. On the other hand, the parole evidence rule, forbids any addition to, or
contradiction of, the terms of a written agreement by testimony or other evidence purporting to show that
different terms were agreed upon by the parties, varying the purport of the written contracts (SeaOil Petroleum
Corporation v. Atutocorp Group, 569 SCRA 387). It simply connotes that whatever is not found in the writing is
understood to have been waived and abandoned (Edrada v. Ramos, 468 SCRA 597). In general, the Parol Evidence
Rule is designed to give certainty to written transactions, preserve the reliability and protect the sanctity of written
agreements.

The Best Evidence Rule can be invoked by any party to an action whether or not he has participated in the writing
involved; on the other hand, Parol Evidence Rule can be invoked only when the controversy is between the parties
to the written agreement, their privies, or any party affected thereby like a cestui que trust.

When can secondary evidence be presented and what are the requirements for its
presentation?

The excuses for the non-production of the original document refer to the instances enumerated in Sec. 3, Rule 130
of the Rules of Court, namely:

A) When the original has been lost or destroyed, or cannot be produced in court, without bad faith on the
part of the offeror;
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 if after reasonable notice;
C) When the original consists of numerous accounts or other documents which cannot be examine 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
D) When the original is a public record in the custody of a public officer or is recorded in a public office.
Requisites for the introduction of secondary evidence in case of loss, destruction, or unavailability of the
original:

1. The offeror must prove the existence and the execution of the original document;

2. The offeror must show the cause of its unavailability such as the loss or destruction of the original; and

3. The offeror must show that the unavailability was not due to his bad faith.

Requisites for the introduction of secondary evidence when the original is in the custody or control of the
adverse party:

1 .That the original exists;

2. That said document is under the custody or control of the adverse party;

3. That the proponent of secondary evidence has given the adverse party reasonable notice to produce the original
document; and

4. That the adverse party failed to produce the original document despite the reasonable notice.

Requisites for the introduction of secondary evidence when the original consists of numerous accounts:

1. The original consists of numerous accounts or other documents;

2. Such accounts or documents cannot be examined in court without great loss of time; and

3. The fact sought to be established from them is only the general result of the whole.

Requisites for the introduction of secondary evidence when the original is a public record:

1. Public records are not removed from the places where they are recorded and kept;

2. Certified copy is to be issued by the public officer in custody of the public records.

When is a witness disqualified to testify?

The following are the disqualifications of a witness:

1. Disqualification by reason of mental incapacity or immaturity (Sec. 21, Rule 130);

2. Disqualification by reason of marriage (Sec. 22, Rule 130);

3. Disqualification by reason of death or insanity of adverse party (Sec. 23, Rule 130); and

4. Disqualification on the ground of privileged communications (Sec. 24, Rule 130):

a. Marital privilege;
 b. Attorney-client privilege;

c. Doctor-patient privilege;

d. Minister-penitent privilege; or

e. Public officer as regards communications made in official confidence.

Explain the concept of privilege communications

Privilege of communication aims to protect a particular relationship or interest, either permits a witness to refrain
from giving testimony he otherwise could be compelled to give, or permits someone usually one of the parties, to
prevent the witness from revealing certain information.

The disqualification by reason of privileged communication applies to both civil and criminal cases except as to the
doctor-patient privilege, which is applicable only in civil cases. Unless waived, the disqualification under Sec. 24
remains even after the various relationships therein have ceased to exist.

Purpose of marital privilege

The society has a deeply rooted interest in the preservation for peace of the families and its strongest safeguard is
to preserve with jealous care any violations of those hallowed confidences inherent in, and inseparable from the
marital status. The law insures absolute freedom of communication between the spouses by making it privileged
(Zulueta v. CA, 253 SCRA 699, Feb. 20, 1996).

Purpose of Attorney-Client Relationship

To encourage full disclosure by client to his attorney of all pertinent matters as to further the administration of
justice and to protect the client from possible breach of confidence as a result of a consultation with a lawyer
(Hadjula v. Mdianda A.C. No. 6711, July 3, 2007).

Purpose Doctor- Patient privilege

The privilege is intended to facilitate and make safe, full and confidential disclosure by patient to doctor of all facts,
circumstances, and symptoms, untrammeled by apprehension of their subsequent and enforced disclosure and
publication on the witness stand, to the end that the physician may form a correct opinion, and be enabled safely
and efficaciously to treat his patient.

Purpose of the priest-penitent privilege

To allow and encourage individuals to fulfill their religious, emotional or other needs by protecting confidential
disclosures to religious practitioners (Peralta, Jr., 2005, citing Evidence, Oregon State Bar Committee on Continuing
Legal Education).

Purpose and scope of the privilege communication made to a public officer

The privilege only applies to communications to such officers who have a responsibility or duty to investigate or to
prevent public wrongs, and not to officials in general.