Highly paraphrased! Read at your own risk.

1. Iwasa v Gangan DECISION

G.R. No. 204169, September 11, 2013
Article 410 of the Civil Code provides that “the books making up the civil register and
FACTS all documents relating thereto shall be considered public documents and shall be
Iwasa, a Japanese national, met Gangan, a Filipina, in 2002 during his visit in the prima facie evidence of the facts therein contained.” Hence, there is no question that
Philippines. Gangan represented that she is “single” and “never married.” They the NSO documents submitted are public documents. As public documents, the are
became close. On Nov. 28, 2002, they got married and thereafter lived in Japan. admissible in evidence even without further proof of their authenticity and due
However, 7 years later, Iwasa noticed that Gangan became depressed so he asked her execution.
about it suspecting something might have happened in the Philippines. To Iwasa’s The RTC was incorrect when it disregarded the documents on the ground that Iwasa
shock, she admitted that her previous husband passed away. When he confirmed the did not present the NSO custodian who issued them to testify on their due execution
truth of her confession, he learned that his wife was indeed previously married to one and genuineness since such are no longer necessary.
Raymond Arambulo on June 20, 1994, and it was due to poverty and joblessness that
she married him. In addition, they should also be given evidentiary weight because they constitute
prima facie evidence of the facts stated therein. And in this case, the prosecution and
Iwasa filed a petition for the declaration of the nullity of their marriage on the ground the Gangan failed to present evidence to the contrary.
that it is a bigamous marriage having been celebrated during the subsistence on
Gangan’s marriage to Arambulo. 2. Asian Terminals v Philam
G.R. No. 181163, July 24, 2013
During trial, he presented the following documents issued by NSO:
(1) Certificate of marriage between him and Gangan FACTS
(2) Certificate of marriage between Gangan and Arambulo Nichimen Corp shipped to Universal Motor 219 packages containing Nissan Pickup
(3) Certificate of death of Arambulo Truck without engine from Japan to Manila via S/S Calayan Iris owned by Westwind.
(4) Certification to the effect that there are two entries of marriage recorded by The shipment was insured against all risks by Philam. When the shipmen arrived in
the office pertaining to Gangan to prove that private respondent in fact Manila, Asian Terminals unloaded the packages and it discovered 2 packages were
contracted two marriages, the first one was to Arambulo on June 20, 1994, damaged. Such damage was noted in the Turn Over Survey dated April 21, 1995.
and second, to Iwasa on November 28, 2002. When Universal Motors received the packages, it declared that one Frame Axle Sub
and 6 chassis were a total loss and thereafter filed a claim with Westwind but was not
However, the RTC rendered a decision denying the petition on the ground that Iwasa paid. So it sought reparation from Philam under the Marine Policy. Philam paid
was not able to prove the prior existing marriage of Gangan because it was only Iwasa Universal Motor P633,957.15 for the damage. Universal Motors issued a Subrogation
who testified about such documents. His testimony is unreliable because he has no Receipt in favor of Philam after receipt of the payment.
personal knowledge of such marriage nor the death of Arambulo making him a
stranger to the marriage certificate and the death certificate. His testimony about the Philam then filed a complaint for damages against Westwind, ATI, and the customs
NSO certification is also unreliable because he is a stranger to the preparation of said broker RF Revilla. To establish the basis of its claims, Philam formally offered in
document. evidence the Marine Certificate it issued to Universal Motors and the Subrogation
Receipt that Universal Motors issued. The admission of these 2 documents were
ISSUE: Whether the testimony of the NSO records custodian on the authenticity and objected to by Westwind and ATI for being hearsay as they were not authenticated by
due execution of the documents necessary before said documents could be given the persons who executed them. ATI also assailed that the Marine Certificate was
probative value? NO issued only on April 27, 1995 implying that the policy was issued after the loss.
 Highly paraphrased! Read at your own risk. 2

RTC found Westwind and ATI liable to Philam of the full claim P633,957.15 with (d) when the document is not being offered as genuine.
interest and absolved RF Revilla. However, although the CA found both Westwind and
ATI liable, it modified the award P190,684.48 as Philam was only able to prove the In this case, both the Marine Certificate and the Subrogation Receipt are private
damage of the one Frame Axle and not the 6 chassis. All parties appealed to the SC; documents. And since none of the exceptions aforementioned are present in this
hence, these 3 consolidated cases. case, they need to be authenticated to be admitted.

ISSUE: Whether the Marine Certificate and the Subrogation Receipt were With regard to the Subrogation Receipt, Philam presented its claims officer
authenticated and thus admissible? Subrogation Receipt only Onchangco to testify on the execution of the Subrogation Receipt. Ongchango
testified that he personally delivered the check payment to Universal Motors and
DECISION personally saw an officer of Universal signed the Subrogation Receipt that it issued.
The nature of the documents as public or private determines how they will be To establish the authenticity of document, the Rules required the testimony of the
admitted in evidence in court. For public documents enumerated under Section 19 of person who saw the document executed or written. With the testimony of
Rule 132 are self-authenticating and need not be authenticated to be presented as Onchangco, the trial court did not err in admitting the Subrogation Receipt.
evidence in court. On the other hand, private documents is any other writing, deed or
instrument executed by a private person without the intervention of a notary or However, the same cannot be said of the Marine Certificate. Onchangco merely
other person legally authorized by which some disposition or agreement is proved or identified such document and did not testified that he personally saw an authorized
set forth. Because a private document lacks the sovereign character of a public officer of Philam signed it. Yet, even without the Marine Certificate, the Subrogation
document or the solemnities prescribed by law, it requires authentication prescribed Receipt, on its own, is adequate proof that Philam paid the consignee’s claim on the
under Section 20 of Rule 132 which provides: damaged goods.

SEC. 20. Proof of private document. — Before any private document offered As regards the issuance of Marine Certificate after the fact of loss occurred, said
as authentic is received in evidence, its due execution and authenticity must document simply certifies the existence of an open insurance policy in favor of the
be proved either: consignee. The Court finds it completely absurd to suppose that any insurance
(a) By anyone who saw the document executed or written; or company, of sound business practice, would assume a loss that has already been
(b) By evidence of the genuineness of the signature or handwriting realized, when the profitability of its business rests precisely on the non-happening of
of the maker. the risk insured against.
Any other private document need only be identified as that which it is
claimed to be. 3. Lazaro v Agustin
G.R. No. 152364. April 15, 2010
The requirement of authentication of a private document is excused only in four
instances: FACTS
This complaint for partition is filed by Alejandra and Leoncio Santos against the
(a) when the document is an ancient one within the context of Section 21, children of their eldest sibling Basilisa. The complaint alleged the following facts: The
Rule 132 of the Rules 4 Santos siblings, viz. Basilisa (married to Agustin; dead), Alejandra (married to
(b) when the genuineness and authenticity of the actionable document have Lazaro), Leoncio, and Alberto (dead), inherited from their father a parcel of land. The
not been specifically denied under oath by the adverse party; siblings agreed that the land be titled under the name of Basilisa, as she is the eldest,
(c) when the genuineness and authenticity of the document have been but such would not necessarily mean that she is the sole owner. A house was built on
admitted; or the land with the money contributed mainly by Alejandra and her husband. Without
 Highly paraphrased! Read at your own risk. 3

the knowledge of her siblings, Basilisa transferred the title to her children. Alejandra
informed Basilisa that the transfer would imply that she is the exclusive owner In this case, the notary public was presented to testify on the due execution and
thereof to which Basilisa replied that she executed an Affidavit recognizing the ¼ authenticity of the Affidavit. However, the Court ruled that his testimony is not
share of her siblings on the lot. Thereafter, Basilisa died. When Alejandra and Leoncio enough to rebut the evidence presented by the children of Basilisa considering that
tried to initiate a partition, the children of Basilisa opposed on the ground that they he admitted that the Affidavit was already thumbmarked when presented to him by
are the exclusive of the same. one who claimed to be Basilisa Santos and whom, the witness said he did not know
personally. Further, what makes the documents suspect is the fact that it was
MTCC ruled that no evidentiary value could be given to the Affidavit allegedly subscribed on the same date as the financial statement of Alejandra Santos.
executed by Basilisa because the affiant was not presented on the witness stand, such
that all the statements made in her Affidavit were hearsay. It also gave credence to The court point out here that the principal function of a notary public is to
the testimony of the notary public that the said Affidavit was already complete and authenticate documents. When a notary public certifies to the due execution and
thumbmarked when the same was presented to him by a person who claimed to be delivery of a document under his hand and seal, he gives the document
Basilisa. the force of evidence. Hence, a notary public must discharge his powers and duties,
which are impressed with public interest, with accuracy and fidelity. A notary public
RTC affirmed with modification that Alejandra built the house in good faith and thus should not notarize a document unless the persons who signed the same are the very
entitled to indemnity. CA affirmed. same persons who executed and personally appeared before him to attest to the
contents and truth of what are stated therein.
Hence, this petition. Petitioners contended that petitioners contended the following:
(1) Basilisa's Affidavit which recognizes her siblings' share in the disputed property is a Side issue
declaration against interest which is one of the recognized exceptions to the hearsay It is wrong for petitioners to argue that Basilisa's alleged sworn statement is a
rule; (2) since the Affidavit was duly notarized, it should be admitted in court without declaration against interest. It is not a declaration against interest. Instead, it is an
further proof of its due execution and authenticity. admission against interest. There is a vital distinction between admissions against
interest and declarations against interest. Admissions against interest are those made
ISSUE: Whether the Affidavit can be given full faith and credence in view of the issues by a party to a litigation or by one in privity with or identified in legal interest with
raised regarding its genuineness and due execution? NO such party and are admissible whether or not the declarant is available as a witness.
Declarations against interest are those made by a person who is neither a party nor in
DECISION: privity with a party to the suit, are secondary evidence, and constitute an exception
In general, a notarized document carries the evidentiary weight conferred upon it to the hearsay rule. They are admissible only when the declarant is unavailable as a
with respect to its due execution, and documents acknowledged before a notary witness. In the present case, since Basilisa is respondents' predecessor-in-interest and
public have in their favor the presumption of regularity. However, not all notarized is, thus, in privity with the latter's legal interest, the former's sworn statement, if
documents are exempted from the rule of authentication. An affidavit does not proven genuine and duly executed, should be considered as an admission against
automatically become a public document just because it carried notarial jurat. The interest.
presumptions that attached to notarized documents can be affirmed only so long as
the notarization was regular.

Although the questioned sworn statement is a public document having in its favor the
presumption of regularity, such presumption was adequately refuted by competent
witnesses.
 Highly paraphrased! Read at your own risk. 4

record of a private writing authorized by law, is self-authenticating and requires no

4. Republic of the Philippines vs Unabia further authentication in order to be presented as evidence in court.
G.R. No. 213346. February 11, 2019
5. Mariano vs Echanez
FACTS A.C. No. 10373. May 31, 2016
Miller Omandam Unabia filed before the RTC a "Petition for Correction of Entries on
the Birth Certificate of Mellie Umandam Unabia.” He claimed that his birth certificate FACTS
contained errors: that his name appeared as “Mellie Umandam Unabia” instead of Flora Mariano filed this Complaint for Disbarment against Atty. Anselmo Echanez for
“Miller Omandam Unabia” and that his sex was entered as “FEMALE” instead of notarizing documents despite lack of notarial commission. Mariano presented
“MALE”. To support the claim for change of entry as to gender, a Medical Certificate documents notarized in 2007 and 2008 by Atty Echanez and a Certificate of Lack of
was presented which was supposedly issued by a physician of the Northern Mindanao Authority for a Notarial Act from Executive Judge Anghad and a list of notarial
Medical Center, Dr. Labis, of the Department of Health. The certificate stated that commission signed by Judge Anghad, where the name of Atty Echanez was not
respondent was "phenotypically male"; however, the physician was not presented in included. IBP-CBD directed Atty Echanez to file his comments but he failed to do so.
court to testify on his findings and identify the document. Miller was the sole witness IBP-CBD recommended that he be suspended for 2 years and be barred from being a
presented. notary.

RTC found the documents presented by Miller to warrant the change of entries of his ISSUE: Whether Atty Echanez violated the Notarial Act? YES
name and sex. The Republic appealed on the ground that that the medical certificate
cannot stand on its own as it was not established and proved as a public document as DECISION
Dr. Labis was not presented in court in order that his qualifications may be Notarization is not an empty, meaningless, and routine act. It is invested with
established and he may identify and authenticate the Medical Certificate. However, substantive public interest that only those who are qualified or authorized may act as
RTC decision was affirmed by the CA. notaries public. The act of notarization by a notary public converts a private
document into a public document making that document admissible in evidence
ISSUE: Whether Dr. Labis should have been presented in Court in order that the without further proof of authenticity. A notarial document is by law entitled to full
Medical Certificate be proven to be a public document? NO faith and credit upon its face, and for this reason, notaries public must observe with
utmost care the basic requirements in the performance of their duties.
DECISION
The Medical Certificate is a public document because it was issued by a public officer, In this case, it is undisputable that Atty. Echanez performed notarial acts on several
Dr Labis of the Department of Health, in the performance of his official duty. As such, documents without a valid notarial commission. The fact of his lack of notarial
it constitutes prima facie evidence of the facts therein stated. Under Section 23, Rule commission at the time of the unauthorized notarizations was likewise sufficiently
132 of the Rules of Court, "documents consisting of entries in public records made in established by the certifications issued by the Executive Judges in the territory where
the performance of a duty by a public officer are prima facie evidence of the facts Atty. Echanez performed the unauthorized notarial acts.
therein stated. All other public documents are evidence, even against a third person,
of the fact which gave rise to their execution and of the date of the latter. Therefore,
there was no need to further identify and authenticate Dr. Labis' Medical Certificate
because 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
 Highly paraphrased! Read at your own risk. 5

6. Heirs of Salud vs Rural Bank of Salinas DECISION

G.R. No. 202756. April 6, 2016 Section 22 of Rule 132 provides that: "The handwriting of a person may be proved by
any witness who believes it to be the handwriting of such person because he has seen
FACTS the person write, or has seen writing purporting to be his upon which the witness has
Corazon Salud was the owner of a parcel of land with building called Silver Coin acted or been charged, and has thus acquired knowledge of the handwriting of such
Building. When she died, she left the property to her 2 adopted daughters Deogracia person. Evidence respecting the handwriting may also be given by a comparison,
and Carmencita. Deogracias et al claimed that with a purported SPA from Corazon, made by the witness or the court, with writings admitted or treated as genuine by the
Carmencita obtained a 1M loan from Rural Bank of Salinas secured by the parcel of party against whom the evidence is offered, or proved to be genuine to the
land with Silver Coin Building. Carmencita failed to pay the loan and the property was satisfaction of the judge."
foreclosed. Claiming that the signature of Corazon in the SPA is a forgery, Deogracia
and her children filed this Complaint for Declaration of Nullity of Mortgage, SPA, Under the Rules of Court, the genuineness of a handwriting may be proved by the
Extrajudicial Foreclosure Sale, Certificate of Sale and Damages against Rural Bank of following:
Salinas. (1) A witness who actually saw the person writing the instrument;
(2) A witness familiar with such handwriting and who can give his opinion
During pre-trial conference, the parties agreed that the only issue to be resolved in thereon, such opinion being an exception to the opinion rule;
the case is whether the signature of Corazon on SPA was genuine and that the it shall (3) A comparison by the court of the questioned handwriting and admitted
be subjected to examination by a NBI handwriting expert whose finding shall be genuine specimen thereof; and
binding upon them. (4) Expert evidence

During trial, the following persons testified: The law makes no preference, much less distinction among and between the different
(1) Teodoro, the bank manager, testified that Corazon has been a borrower means stated above in proving the handwriting of a person. It is likewise clear from
of the bank years prior and that it was Corazon who approached him the foregoing that courts are not bound to give probative value or evidentiary value
about a loan. to the opinions of handwriting experts, as resort to handwriting experts is not
(2) The notary public, Atty Trias, who notarized the SPA testified that mandatory.
Corazon appeared before him to have the SPA notarized although said
document was already signed by her and since he personally knew In this case, although the Bank agreed to abide by the conclusions in the NBI report
Corazon he did not inquire whether the signature was that of Corazon. relative to Corazon's signature, the courts may not be compelled to adopt such
(3) The NBI expert testified that there are significant differences between findings. Besides, RBSI's evidence does not depend upon the NBI report and NBI
the signatures in the SPA and the samples. expert's testimony; expert testimony is irrelevant to RBSI in view of positive
testimony from its witnesses to the effect that Corazon appeared before them and
Deogracia et al invoked that the finding of the NBI expert is binding upon as agreed signed the questioned SPA. Besides, the questioned SPA is a notarized document.
upon by them in the pre-trial conference and that the testimony of Atty Trias is Only petitioners are entirely dependent on the NBI report and Dominguez's
unreliable since he is working for the bank and has office in the bank premises for 10 testimony, since they have no other way of proving that Corazon did not sign the
years. questioned SPA.

ISSUE: Whether the signature in the SPA was proven to be that of Corazon? YES
 Highly paraphrased! Read at your own risk. 6

ISSUE: Whether the documents presented by the widow and son duly authenticated
7. Makati Shangri-La Hotel vs Harper et al to be admissible? YES
G.R. No. 189998. August 29, 2012
DECISION
FACTS Sections 24 and 25 of Rule 132 state the following for a copy of records of public
Christian Harper, a Norwegian, visited the Philippines and checked in to Makati documents be admitted:
Shangri-La Hotel. On the early morning of his supposed check out date, at 12:14am,
Christian returned to his hotel room followed by a woman at 12:17am and a 1. must be attested by the officer having legal custody of the record:
Caucasian male at 2:48am. The woman left at 5:33am and the man at 5:46am. a. with a certificate the such officer has the custody if the record is in the
Philippines OR,
At around 11am of the same day, a Caucasian male went to a jewelry store in b. with a certificate by the secretary of the embassy or legation, consul
Glorietta expressing interest to buy a Cartier’s lady’s watch valued at 320k using 2 MC general, consul, vice consul, or consular agent or by any officer in the
credit cards and an American Express card issued in the name of Christian Harper. foreign service of the Philippines stationed in the foreign country in
However, during verification of the credit card representative, the man was not able which the record is kept and authenticated by his seal, if the record is
to answer arousing the suspicion of the saleslady who has said man for his passport. kept in a foreign country.
The man hurriedly left the store leaving the passport and the cards. Christian’s family 2. The attestation must state, in substance, that the copy is a correct copy of
in Norway called him to inform him of the attempt to use his cards, but he was the original, or a specific part thereof, as the case may be. The attestation
unreachable. The family then called the Hotel and requested to check Christian’s must be under the official seal of the attesting officer, if there be any, or if he
room. The security personnel were shocked to discover his lifeless body, his eyes and be the clerk of a court having a seal, under the seal of such court.
mouth were covered with electrical tapes and his hands bound by a white rope.
In the case, the records of the documents herein are kept in Norway. The documents
The widow Ellen and son Jonathan of the deceased with their representative in the were not accompanied with a certificate that was duly attested by the person having
Philippines, Gillera, filed this complaint for damages against Makati Shangri-La. To legal custody of the documents by stating that such person had custody of the
show that they are indeed the widow and son of the deceased, they presented the documents. However, the Court said that such deviation from the Rules is not enough
following documents: to reject their admission.

1. Birth Certificate of Jonathan showing he is the son of Ellen and Christian Birth Certificates
2. Marriage Certificate of Ellen and Christian The birth certificates of Christian and Jonathan were extracts from the registry of
3. Birth certificate of Christian births of Oslo, Norway, signed by Y. Ayse B. Nordal, Registrar. The Marriage
4. Certificate from the Oslo Probate Court stating that Ellen was married to Certificate of Ellen and Christian was issued by the Office of the Vicar of Ullern. The
Christian and both Ellen and Jonathan are listed as heirs of Christian probate court certificate issued by the Oslo Probate Court. All documents were
similarly authenticated by the signatures of Tanja Sorlie of the Royal Ministry of
Makati Shangri-La opposed the admission of the documents on the ground that proof Foreign Affairs of Norway as well as by the official seal of that office. Also, Consul
marriage and filiation presented did not comply with the rules on authentication Marian Jocelyn R. Tirol of the Philippine Consulate in Stockholm, Sweden
because the legal custodian did not duly attest that the documents were the correct authenticated the signatures of Tanja Sorlie and the official seal of the Royal Ministry
copies and because there was no certification stating that “such officer has custody of of Foreign Affairs of Norway, explicitly certifying to the authority of Tanja Sorlie "to
the originals.” legalize official documents for the Royal Ministry of Foreign Affairs of Norway." The
 Highly paraphrased! Read at your own risk. 7

Consul further certified that the Marriage Certificate was a true translation into baptismal certificate, standing alone, as sufficient to prove filiation; on the contrary,
English of a transcript of a Marriage Certificate. Conti expressly held that a baptismal certificate had evidentiary value to prove
filiation if considered alongside other evidence of filiation. As such, a baptismal
In sum, the official participation in the authentication process of Tanja Sorlie of the certificate alone is not sufficient to resolve a disputed filiation.
Royal Ministry of Foreign Affairs of Norway and the attachment of the official seal of Unlike Cabais and Conti, the PRESENT CASE has respondents presenting SEVERAL
that office on each authentication indicated that the documents were documents of a documents, like the birth certificates of Harper and respondent Jonathan Harper, the
public nature in Norway, not merely private documents. It cannot be denied that marriage certificate of Harper and Ellen Johanne Harper, and the probate court
based on Philippine Consul Tirol's official authentication, Tanja Sorlie was "on the certificate, all of which were presumably regarded as public documents under the
date of signing, duly authorized to legalize official documents for the Royal Ministry of laws of Norway.
Foreign Affairs of Norway." At a minimum, the documents substantially complied
with the requirements of Section 24 and 25 of Rule 132. 8. Salas vs Sta. Mesa Market Corp
G.R. No. 157766. July 12, 2007
Substantial compliance of authentication requirements
Substantial compliance is justified if there is presence of equitable conditions to FACTS
administer justice effectively and efficiently without damage or injury to the spirit of A management agreement was entered into by Domingo, as Chairman of Sta Mesa
the legal obligation. In this case, there are such equitable conditions attendant here: Market Corp (SMMC) and estate manager Salas. Under such agreement, Salas will
respondents had gone to great lengths to submit the documents. Respondents' manage the estate of Domingo including SMMC, and as compensation, Domingo will
compliance with the requirements on attestation and authentication of the transfer to Salas 30% of the subscribed and paid up capital of stock of SMMC if Salas
documents had not been easy; they had to contend with many difficulties (such as the can achieve a monthly market revenue of at least P350k. SMMC under the
distance of Oslo, their place of residence, from Stockholm, Sweden, where the management of Salas, leased the Sta Mesa Market to Malaca. However, it turned out
Philippine Consulate had its office; the volume of transactions in the offices that Malaca was financially incapable of improving the market prompting SMMC to
concerned; and the safe transmission of the documents to the Philippines). The terminate the lease. The board of directors of SMMC became dissatisfied with the
principle of substantial compliance recognizes that exigencies and situations do management of Salas, and the management contract was terminated.
occasionally demand some flexibility in the rigid application of the rules of procedure
and the laws. Salas filed a complaint for specific performance and damages asking the court to
compel Domingo to transfer to him 30% of the capital stock as they monthly revenue
Heirs of Cabais case v Heirs of Conti case of SMMC increased to P350k during his management. He presented copies of the
Makati Shangri-La cited these cases and asked the Court to resolve an apparent financial statements of SMMC.
conflict between the rulings in Cabais case which did not allow baptismal certificate
to establish filiation and Conti case which allowed admission of baptismal certificate RTC ruled in favor of Salas. However, the CA reversed the RTC, ruling that Salas failed
to establish filiation. In Cabais, the Court did not accept a baptismal certificate to to prove the authenticity of the audited financial statements because he did not
establish filiation ruling that a baptismal certificate is a private document, which, present a representative of SMMC's external auditor to testify on the genuineness
being hearsay, is not a conclusive proof of filiation. It does not have the same and due execution of the audited financial statements. What was presented was a
probative value as a record of birth, an official or public document. They merely memorandum prepared by a member of the management team of Salas attesting to
presented one baptismal certificate here. In Conti, there were four (4) baptismal the increase in the corporation's monthly market revenue. CA ruled that the audited
certificates which, when taken together, uniformly show that 4 people had the same financial statements were not only self-serving but also hearsay.
set of parents and with the undisputed testimony. Such baptismal certificates have Salas contended that Amado, VP of SMMC, admitted the genuineness and due
acquired evidentiary weight to prove filiation. Obviously, Conti did not treat a execution of the AFS when he testified that the AFS were copies of those submitted
 Highly paraphrased! Read at your own risk. 8

by SMMC to the BIR and SEC for purposes of tax. The admission of Amado of the damages removing therefrom the P6,537,244.96 for loss of earning capacity on the
genuineness and due execution of the documents made authentication unnecessary. ground that the Income Certificate issued by the USAID, the employer of Jose Marcial,
was self-serving and was not supported by ITR or receipts. In the Supreme Court, the
ISSUE: Whether the authenticity of the audited financial statements was proven? NO SC awarded the P6,537,244.96 for loss of earning capacity. Both parties filed their
respective motions for reconsideration.
DECISION
The documents presented as evidence were mere copies of the audited financial G&S argued the USAID Certification used as basis in computing the award for loss of
statements submitted to the BIR and SEC. Neither party claimed that copies income is inadmissible in evidence because it was not properly authenticated and
presented were certified true copies of audited financial statements obtained or identified in court by the signatory thereof. However, the Heirs of Ochoa the USAID
secured from the BIR or the SEC which under Section 19 (c), Rule 132, would have Certification was properly admitted in evidence. This is because Jose Marcial's widow,
been public documents. Thus, the statements presented were private documents. witness Ruby Bueno Ochoa, was able to competently testify as to the authenticity and
Consequently, authentication was a precondition to their admissibility in evidence. due execution of the said Certification since the signatory thereof, Jonas Cruz (Cruz),
personally issued and handed the same to her the accuracy of the contents of the
During authentication in court, a witness positively testifies that a document Certification was never questioned by G & S as, in fact, it did not present evidence to
presented as evidence is genuine and has been duly executed or that the document is dispute its contents.
neither spurious nor counterfeit nor executed by mistake or under duress. In this
case, petitioner merely presented a memorandum attesting to the increase in the ISSUES:
corporation's monthly market revenue, prepared by a member of his management 1. Whether the USAID Certification a public document? YES
team. 2. Whether the USAID Certification needs to be authenticated? NO

Application of an exception to the authenticity requirement is not applicable, that is, DECISION
authentication is not necessary where the adverse party has admitted the 1. The subject USAID Certification is public document, hence, does not require
genuineness and due execution of a document. The fact, however, was that nowhere authentication. Section 19(a) of Rule 132 classifies the written official acts, or records
in his testimony did Amado Domingo categorically admit the authenticity of the of the official acts of the sovereign authority, official bodies and tribunals, and public
copies of the audited financial statements. He only testified that SMMC regularly officers, whether of the Philippines, or of a foreign country, as public documents.
submitted its audited financial statements to the BIR and SEC. There was never any
admission that the documents presented by petitioner were true or faithful copies of USAID is the principal United States agency that extends assistance to countries
those submitted to the BIR and the SEC. recovering from disaster, trying to escape poverty, and engaging in democratic
reforms and that it is an independent federal government agency that receives over-
9. Heirs of Ochoa v G&S Transport all foreign policy guidance from the Secretary of State of the United States. It was
G.R. No. 170071-25. July 16, 2012 created through Executive Order 10973 by President John F. Kennedy pursuant to the
Foreign Assistance Act of 1961. It is headed by an Administrator and Deputy
FACTS Administrator, both appointed by the President of the United States and confirmed
These are 2 consolidated cases which stemmed from a complaint of damages filed by by its Senate. From these, there can be no doubt that the USAID is an official
the Heirs of Jose Marcial Ochoa against G&S Transport for his death while on board a government agency of a foreign country, the United States.
taxi owned and operated by G&S Transport. The RTC ruled in favor of the heirs
awarding P6,537,244.96 for loss of earning capacity of the deceased. On appeal to the Hence, Cruz, as USAID's Chief of the Human Resources Division in the Philippines, is
CA, the CA affirmed the RTC decision but with modification as to the award of actually a public officer. Apparently, Cruz's issuance of the subject USAID Certification
 Highly paraphrased! Read at your own risk. 9

was made in the performance of his official functions, he having charge of all
employee les and information as such officer.

2. The requirement of authentication of documentary evidence applies only to

private document. Before a private document offered as authentic be received in
evidence, its due execution and authenticity must first be proved. This requirement of
authentication only pertains to private documents and does not apply to public
documents, these being admissible without further proof of their due execution or
genuineness. The reason for this rule are: (1) said documents have been executed in
the proper registry and are presumed to be valid and genuine until the contrary is
shown by clear and convincing proof and (2) because public documents are
authenticated by the official signature and seals which they bear and of which seals,
courts may take judicial notice.