Exercises created by Atty. Gerry T. Galacio; all rights reserved. You can freely use these exercises, but you must not upload
them to any website or the cloud. For comments, questions, corrections, or suggestions, email gtgalacio@yahoo.com
| [1] Complete the following: Public documents are: (a) The __________ acts, or records of the official acts of the __________, official bodies and tribunals, and public officers, whether of the Philippines, or of a foreign country; (b) Documents acknowledged before a notary public except __________; and (c) Public records, kept in the Philippines, of ____________________ to be entered therein. | 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 acknowledged before a notary public except last wills and testaments; and (c) Public records, kept in the Philippines, of private documents required by law to be entered therein. (Sec. 19) |
| [2] Before any private document offered as authentic is received in evidence, what two things must be proved? | (1) due execution (2) authenticity (Sec. 20) |
| [3] How can the due execution and authenticity of a private document be proved? | (a) By anyone who saw the document executed or written; or (b) By evidence of the genuineness of the signature or handwriting of the maker. |
| [4] Under what three conditions may evidence of authenticity of a private document be unnecessary? | (1) Where a private document is more than thirty years old, (2) It is produced from a custody in which it would naturally be found if genuine. (3) It is unblemished by any alterations or circumstances of suspicion. (Sec. 22) |
| [4] How can a witness prove the genuineness of the handwriting of a person? | Sec. 22. How genuineness of handwriting proved.—The handwriting of a person may be proved by any witness who believes it to be the handwriting of such person because (1) he has seen the person write, or (2) he has seen writing purporting to be his upon which the witness has acted or been charged, and has thus acquired knowledge of the handwriting of such person. (Sec. 22) |
| [5] Complete the following: Evidence respecting the handwriting may also be given by a comparison, _______________, with writings admitted or treated as genuine by ___________________, or proved to be genuine to the satisfaction of the judge. (Sec. 22) | Evidence respecting the handwriting may also be given by a comparison, made by the witness or the court, with writings admitted or treated as genuine by the party against whom the evidence is offered, or proved to be genuine to the satisfaction of the judge. (Sec. 22) |
| [7] Complete the following: Sec. 23. Public documents as evidence.—Documents consisting of entries in public records made ___________________________ are prima facie evidence of the facts therein stated. All other public documents are evidence, even against a third person, of the fact which gave rise to their __________________ of the latter. | Sec. 23. Public documents as evidence.—Documents consisting of entries in public records made in the performance of a duty by a public officer are prima facie evidence of the facts 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. |
| [8] Any public record, an official copy of which is admissible in evidence, must not be removed from the office in which it is kept. Exception? | Upon order of a court where the inspection of the record is essential to the just determination of a pending case. (Sec. 26) |
| [9] How can an authorized public record of a private document be proved? | (1) by the original record; or (2) by a copy thereof, attested by the legal custodian of the record, with an appropriate certificate that such officer has the custody. (Sec. 27) |
| [10] Any judicial record may be impeached by what evidence? | (a) want of jurisdiction in the court or judicial officer, (b) collusion between the parties, or (c) fraud in the party offering the record, in respect to the proceedings. (Sec.29) |
| [11] Do notarial documents need to be proven? | Every instrument duly acknowledged or proved and certified as provided by law, may be presented in evidence without further proof, the certificate of acknowledgment being prima facie evidence of the execution of the instrument or document involved.(Sec. 30) |
| [12] The party producing a document as genuine which has been altered and appears to have been altered after its execution, in a part material to the question in dispute, must account for the alteration. What are the four ways he can account for the alteration? | He may show that the alteration (1) was made by another, without his concurrence, or (2) was made with the consent of the parties affected by it, or (3) was otherwise properly or innocently made, or that (4) the alteration did not change the meaning or language of the instrument. (Sec. 31) |
| [13] What is the consequence if the party fails to explain the alteration of a document? | The document will not be admissible in evidence. (Sec. 31) |
| [14] What is the difference between sealed and unsealed private documents insofar as their admissibility as evidence is concerned? | No difference. (Sec. 32) |
| [15] What is the requirement for documents written in an unofficial language to be admitted as evidence? | They must be accompanied with a translation into English or Filipino. To avoid interruption of proceedings, parties or their attorneys are directed to have such translation prepared before trial. (Sec. 33) |