Location via proxy:   [ UP ]  
[Report a bug]   [Manage cookies]                
Scribd Logo
Upload

Welcome to Scribd!

  • 91 views

    II. Public Documents As Evidence and Proof of Notarial Documents Section 23

    Uploaded by

    RaffyLaguesma
    This document discusses the admissibility of documents as evidence in court. It outlines that documents can be either public or private. Public documents include official government records and documents notarized by a notary public. Private documents must be authenticated by proving their execution and authenticity, such as by someone who witnessed the signing. The document also states that public records are considered prima facie evidence of the facts contained within. Additionally, notarized documents can be presented as evidence without further proof, as the notary certification is prima facie evidence of the document's execution. A defect in notarization does not affect the validity of the underlying contract.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    II. Public Documents As Evidence and Proof of Notarial Documents Section 23

    Uploaded by

    RaffyLaguesma
    91 views2 pages
    This document discusses the admissibility of documents as evidence in court. It outlines that documents can be either public or private. Public documents include official government records and documents notarized by a notary public. Private documents must be authenticated by proving their execution and authenticity, such as by someone who witnessed the signing. The document also states that public records are considered prima facie evidence of the facts contained within. Additionally, notarized documents can be presented as evidence without further proof, as the notary certification is prima facie evidence of the document's execution. A defect in notarization does not affect the validity of the underlying contract.

    Original Description:

    Legal Forms Documents notarized document types of documents Rule 132 Rules of Court

    Original Title

    Legal Forms

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    This document discusses the admissibility of documents as evidence in court. It outlines that documents can be either public or private. Public documents include official government records and documents notarized by a notary public. Private documents must be authenticated by proving their execution and authenticity, such as by someone who witnessed the signing. The document also states that public records are considered prima facie evidence of the facts contained within. Additionally, notarized documents can be presented as evidence without further proof, as the notary certification is prima facie evidence of the document's execution. A defect in notarization does not affect the validity of the underlying contract.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    91 views2 pages

    II. Public Documents As Evidence and Proof of Notarial Documents Section 23

    Uploaded by

    RaffyLaguesma
    This document discusses the admissibility of documents as evidence in court. It outlines that documents can be either public or private. Public documents include official government records and documents notarized by a notary public. Private documents must be authenticated by proving their execution and authenticity, such as by someone who witnessed the signing. The document also states that public records are considered prima facie evidence of the facts contained within. Additionally, notarized documents can be presented as evidence without further proof, as the notary certification is prima facie evidence of the document's execution. A defect in notarization does not affect the validity of the underlying contract.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    ADMISSIBILITY OF DOCUMENTS

    I.

    Classes of Documents & Proof of Private Documents


    Authentication and Proof of Documents

    Section 19. Classes of Documents. For the purpose of their presentation 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.
    Section 20. Proof of private document. Before any private document offered as authentic is
    received in evidence, its due execution and authenticity must be proved either:
    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.
    Any other private document need only be identified as that which it is claimed to be.
    II.

    Public Documents as Evidence and Proof of Notarial Documents

    Section 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.
    Section 30. Proof of notarial documents. 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.

    III.

    Validity of Contracts
    General Rule: A defective notarization does not affect the validity of a contract.

    You might also like