Authentication and Proof of Documents

AUTHENTICATION AND PROOF OF DOCUMENTS
RULE 133
SEC. 19 - 33
Section 19. Classes of Documents. — For the purpose of their presentation as 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 acknowledge before a notary public except last wills and testaments; and
(c) Public records, kept in the Philippines, of private documents required by law to the entered therein.
All other writings are private.
Note: The act of notarization by a notary public converts a private document into a public document, making it
admissible in evidence without further proof of its authenticity. By law, a notarial document is entitled to full faith and
credit upon its face. It enjoys the presumption of regularity and is a prima facie evidence of the facts stated therein – which
may only be overcome by evidence that is clear, convincing and more than merely preponderant. Without such evidence, the
presumption must be upheld
Private documents, as a rule, must be
authenticated before they may be received in
Section 20. Proof of private document. — evidence. Public documents, however, may be
Before any private document offered as received in evidence without the need for
authentic is received in evidence, its due authentication. Public documents enjoy the
presumption of regularity and is a prima facie
execution and authenticity must be proved evidence of the facts stated therein – which may
either: only be overcome by evidence that is clear,
convincing and more than merely preponderant
(Heirs of Spouses Angel Liwagon and Francisca
(a) By anyone who saw the document Dumalagan vs. Heirs of Spouses Liwagon, G.R. No.
executed or written; or 193117, November 26, 2014).
When Authentication NOT Required:

(b) By evidence of the genuineness of the
signature or handwriting of the maker. (a) The writing is an ancient document;
(b) The writing is a public document or record;
(c) The writing is a notarial document, except
last wills and testaments;
Any other private document need only be (d) The authenticity and due execution of the
identified as that which it is claimed to be. document has been expressly admitted or impliedly admitted
by failure to deny the same under oath; or
(e) When such genuineness and due execution are immaterial
to the issue
Section 21. When evidence of authenticity
of private document not necessary. — Requisites:
(a) The private document is more than thirty
Where a private document is more than (30) years old;
thirty years old, is produced from the (b) It is produced from a custody in which it
custody in which it would naturally be would naturally be found if genuine; and
(c) It is unblemished by any alterations or
found if genuine, and is unblemished by circumstances of suspicion.
any alterations or circumstances of
suspicion, no other evidence of its
authenticity need be given. Note: This provision is commonly referred to as the
“Ancient Document Rule.”
Section 22 of Rule 132 accommodates the
testimony of the very person whose signature is
Section 22. How genuineness of handwriting
disputed as a means to establish the
proved. — The handwriting of a person may genuineness of handwriting. After all, the owner
be proved by any witness who believes it to of such disputed signature may fall within the
be the handwriting of such person because he category of ―any witness who believes it to be
the handwriting of such person because he has
has seen the person write, or has seen writing seen the person write and has thus acquired
purporting to be his upon which the witness knowledge of the handwriting of such person.
has acted or been charged, and has thus (Dela Rama vs. Papa, G.R. No. 142309, January 30,
acquired knowledge of the handwriting of 2009)
such person. Evidence respecting the Note: The opinion of handwriting experts are not necessarily
handwriting may also be given by a binding upon the court, the expert's function being to place
before the court data upon which the court can form its own
comparison, made by the witness or the opinion. This principle holds true especially when the question
court, with writings admitted or treated as involved is mere handwriting similarity or dissimilarity, which
can be determined by a visual comparison of specimens of the
genuine by the party against whom the questioned signatures with those of the currently existing
ones. A finding of forgery does not depend entirely on the
evidence is offered, or proved to be genuine testimonies of handwriting experts, because the judge must
to the satisfaction of the judge. conduct an independent examination of the questioned
signature in order to arrive at a reasonable conclusion as to its
authenticity. (Heirs of Donton v. Stier, G.R. No. 216491, August
23, 2017)
Section 23. Public documents as evidence. — Section 24. Proof of official record. — The record of public
Documents consisting of entries in public documents referred to in paragraph (a) of Section 19, when
admissible for any purpose, may be evidenced by an official
records made in the performance of a duty by publication thereof or by a copy attested by the officer
a public officer are prima facie evidence of having the legal custody of the record, or by his deputy, and
the facts therein stated. All other public accompanied, if the record is not kept in the Philippines,
documents are evidence, even against a third with a certificate that such officer has the custody.
person, of the fact which gave rise to their If the office in which the record is kept is in foreign
execution and of the date of the latter. country, the certificate may be made by a secretary of the
embassy or legation, consul general, consul, vice consul, or
There are generally three reasons for the necessity of consular agent or by any officer in the foreign service of the
the presentation of public documents. Philippines stationed in the foreign country in which the
record is kept, and authenticated by the seal of his office.
1. Public documents are prima facie evidence of the
facts stated. Note: The certificate or its equivalent shall be in the form prescribed
by such treaty or convention subject to reciprocity granted to public
2. The presentation of a public document dispenses documents originating from the Philippines.
with the need to prove a document's due
execution and authenticity. The certificate shall not be required when a treaty or convention
between a foreign country and the Philippines has abolished the
requirement, or has exempted the document itself from this
3. The law may require that certain transactions formality.
appear in public instruments, such as Articles 1358
and 1625 of the Civil Code.
Section 25. What attestation of copy must Section 26. Irremovability of public record.
state.
Doctrine of Irremovability of Public Record
Attestation of a Copy
Any public record, an official copy of which is
Whenever a copy of a document or record is admissible in evidence, must not be removed
from the office in which it is kept, except
attested for the purpose of evidence:
upon order of a court where the inspection of
the record is essential to the just
(1) The attestation must state that the copy is
determination of a pending case.
a correct copy of the original, or a specific
part thereof, as the case may be; and
(2) The attestation must be under the official

seal of the attesting officer, if there be any, or
if he or she be the clerk of a court having a
seal, under the seal of such court
Section 27. Public record of a private Section 28. Proof of lack of record.
document.
The absence of an official record is proven

Public Record of a Private Document by a written statement signed by an officer
having the custody of an official record or
An authorized public record of a private by his or her deputy.
document may be proved by:
The written should state that:
(1) the original record, or
(a) There has been a diligent search for the
(2) by a copy thereof, record; and
(3) attested by the legal custodian of the (b) Despite diligent search, no record or
record, with an appropriate certificate that entry of a specified tenor is found to exist
such officer has the custody in the records of his or her office
Section 29. How judicial record impeached. Section 30. Proof of notarial documents.
Any judicial record may be impeached by Every instrument duly acknowledged or

evidence of: proved and certified as provided by law,
may be presented in evidence without
(a) Want of jurisdiction in the court or further proof, the certificate of
judicial officer; acknowledgment being prima facie
evidence of the execution of the
(b) Collusion between the parties; or instrument or document involved.
(c) Fraud in the party offering the record, in Note: Notarized documents are merely proof of the
respect to the proceedings fact which gave rise to their execution, and of the
date of the latter, but is not prima facie evidence of
the facts therein stated. Additionally, under Section
30 of the same Rule, the acknowledgement in
notarized documents is prima facie evidence of the
execution of the instrument or document involved
Section 31. Alteration in document, how to Section 32. Seal. — There shall be no
explain. difference between sealed and unsealed private
documents insofar as their admissibility as
The party producing a document as genuine evidence is concerned.
which has been altered and appears to have
been altered after its execution, in a part Section 33. Documentary evidence in an
material to the question in dispute, must unofficial language.
account for the alteration:
He or she may show that:
(a) The alteration was made by another without his or her

concurrence;
(b) It was made with the Consent of the parties affected by it;
(c) It was otherwise properly or innocently made; or Note: To avoid interruption of proceedings,
(d) The alteration did Not change the meaning or language parties or their attorneys are directed to have
of the instrument.
such translation prepared before trial
If he or she fails to do that, the document shall not be
admissible in evidence

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AUTHENTICATION AND PROOF OF DOCUMENTS

Public documents are:

All other writings are private.

When Authentication NOT Required:

(2) The attestation must be under the oﬃcial

The absence of an oﬃcial record is proven

Any judicial record may be impeached by Every instrument duly acknowledged or

He or she may show that:

(a) The alteration was made by another without his or her

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