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BASILIO DE VERA v. SPS. MARIANO AGUILAR AND LEONA V. AGUILAR

This case has been cited 1 times or more.

2014-12-10
MENDOZA, J.
Indeed, these documents serve as the bedrock of the prosecution's position that he violated Sec. 3(e) of the Anti-Graft and Corrupt Practices Act. It is true that these were mere photocopies and, as a general rule, if the original copy cannot be produced, a photocopy, can only be admitted in evidence if it is shown that the original is unavailable[21] by proving (1) the existence or due execution of the original; (2) the loss and destruction of the original or the reason for its non-production in court; and (3) on the part of the offeror, the absence of bad faith to which the unavailability of the original can be attributed.[22] The correct order of proof is as follows: existence, execution, loss, and contents.[23]