HOUSE prosecution legal spokesperson Atty. Jay Tolosa said Wednesday photocopies and duplicates may be treated as originals under the updated rules on evidence if there is no genuine issue as to authenticity.
Tolosa made the clarification after the defense questioned documents presented during the testimony of National Bureau of Investigation (NBI) Senior Agent John Mark Calilung, including copies bearing certified true copy markings.
“Para mas maliwanagan tayo lahat, I think marami nagtatanong tungkol sa bagay na ’yan,” Tolosa said during a press briefing.
He said the rule involved is the original document rule.
“Under the new rules on evidence, malinaw ho ’yan. There’s a rule that we call the original document rule,” Tolosa said.
Under that rule, Tolosa said duplicates may be considered originals if authenticity is not genuinely disputed.
“Under that rule, duplicates such as photocopies are considered as originals provided that there’s no genuine issue regarding its authenticity,” he said.
Tolosa said a certified true copy marking, by itself, does not create a genuine issue of authenticity.
“Kung ang rini-rase lang ho na mga discrepancies ay merong marka na certified true copy versus ibang copy, that is not a genuine issue of authenticity that’s being raised against it because it shows that aside from that stamp or that marking, they’re the same,” Tolosa said.
“It’s a faithful reproduction of the original,” he added.
Tolosa said the rule applies to court proceedings, not ordinary transactions outside the trial.
“Sa pagpipresenta ng mga dokumento sa korte, again, under the updated rules on evidence, hindi na kailangan na palaging original ang document ay pipresenta mo, subject to the conditions that I’ve mentioned,” Tolosa said.
Trial spokesperson Zia Alonto Adiong of Lanao del Sur added that public interest in the issue shows that people are closely following the impeachment trial.
“Isa lang ibig sabihin niyan, nakatutok ang taumbayan at nakikinig sila,” Alonto Adiong said.
He said the prosecution holds press briefings to help explain what the public hears during proceedings.
“Kaya nga po tayo dito sa prosecution panel, apart from presenting the evidence in the open court, gumagawa po tayo ng conference or press briefing tulad nito,” he said.
Alonto Adiong said media participation is important because the trial raises issues the public wants answered.
“Importante po ang participation ng media dito sa ating bansa. Lalong-lalo na po itong impeachment trial,” he said.
The prosecution said evidentiary objections may still be raised at the proper time, but duplicates may be presented when they faithfully reproduce the original and authenticity is not genuinely disputed.
metrosundaily
