When Copies Count: Admissibility of Duplicate Evidence in Philippine Courts

The Supreme Court recently settled an important question for litigants and lawyers alike: when can a photocopy or duplicate of a document be admitted as evidence in Philippine courts? In People v. Lastimosa (G.R. No. 265758, February 3, 2025), the Court clarified that under the 2019 Revised Rules on Evidence, duplicates are now generally admissible to the same extent as originals—a significant departure from the old rule that required the original document itself.

The Case: A Murder Conviction and a Disputed Death Certificate

Ybo Lastimosa was charged with murder for shooting Ildefonso Vega, Jr. in Talisay City, Cebu in November 2012. Two eyewitnesses positively identified him as the gunman. The trial court convicted him of homicide, but the Court of Appeals upgraded the conviction to murder after finding that treachery attended the killing.

On appeal, Lastimosa raised a technical objection: the prosecution presented only a photocopy of the victim's death certificate, not the original. He argued this photocopy was inadmissible and that, without it, the prosecution failed to prove the corpus delicti—the body of the crime.

The Issue: Are Photocopies Admissible?

The central evidentiary question was whether a mere photocopy of a death certificate could be admitted and given probative value when the original was never presented in court.

Under the old rules, the Best Evidence Rule required the original document itself, with only narrow exceptions. Photocopies were generally inadmissible unless the original was lost, destroyed, or in the possession of the opposing party.

The Ruling: Duplicates Are Now Generally Admissible

The Supreme Court affirmed Lastimosa's murder conviction and took the opportunity to clarify the modern rule on duplicate evidence.

The key holding: Under Rule 130, Sections 3 and 4 of the 2019 Revised Rules on Evidence, read together with Rule 4, Sections 1 and 2 of the Rules on Electronic Evidence, a duplicate of any original—whether an electronic document or a paper-based document—is admissible to the same extent as the original, unless:

1. A genuine question is raised as to the authenticity of the original; or
2. Under the circumstances, it would be unjust or inequitable to admit the duplicate in lieu of the original.

This means a photocopy is now admissible and can be given the same weight as the original, absent any genuine challenge to the original's authenticity or a showing of unfairness.

Tracing the Evolution of the Rule

The Court traced the historical development of the Best Evidence Rule from Act No. 190 (1901) through the various iterations of the Rules of Court. The 2001 Rules on Electronic Evidence first allowed copies to be treated as equivalents of originals, but only for electronic documents. A 2009 case, MCC Industrial Sales Corporation v. Ssangyong Corporation, drew a strict line between electronic and paper-based documents.

The 2019 Revised Rules on Evidence eliminated this distinction. Now, the same liberal treatment applies to paper-based documents, including photocopies.

Why the Death Certificate Photocopy Was Admissible

Applying this rule, the Court found the photocopy of the death certificate admissible. No genuine question was raised about the authenticity of the original death certificate. Moreover, the fact of the victim's death was independently established through the testimony of his wife, who saw his body at the hospital.

The Court also noted that an autopsy report or the testimony of a medico-legal officer is not an essential requirement to prove murder. The testimony of the victim's wife, corroborated by eyewitness accounts, sufficiently established the fact of death.

Practical Takeaways

• Duplicates are now generally admissible. Under the 2019 Revised Rules on Evidence, photocopies and other duplicates can be admitted to the same extent as originals. The old rule requiring the original, with limited exceptions, no longer applies.
• Know the two exceptions. A duplicate will not be admitted if a genuine question is raised about the original's authenticity, or if admitting the duplicate would be unjust or inequitable under the circumstances.
• Authenticity remains important. While duplicates are admissible, they must still be authenticated. The party offering the duplicate must establish that it accurately reproduces the original.
• Object early. Evidence not objected to is deemed admitted. If a party fails to raise a timely objection to a photocopy, the court may validly consider it.
• Corpus delicti can be proven by testimony. The prosecution need not always present an autopsy report or death certificate to prove that a person was killed. Credible witness testimony can suffice.

This article is general information and not legal advice. For your specific situation, consult a lawyer or ask ASG Legal AI.