Dear Atty. Maan,

My grandmother purchased two parcels of land from her close friend during her lifetime. However, the heirs of her friend now claim that they are the original owners of the property and that no sale to my grandmother ever took place. They argue that their grandma, the alleged seller, was illiterate and bedridden at the time of the supposed transaction, making such a sale impossible. Since we have been unable to locate the original deed of sale, they further allege that the title in our possession is forged. Is there a legal way for us to prove the existence and validity of the original contract?

Tess

Dear Tess,

“The best evidence rule requires that the original document be produced whenever its contents are the subject of inquiry, except in certain limited cases laid down in Section 3 of Rule 130.” Heirs of Prodon v. Heirs of Alvarez, explained:

The primary purpose of the Best Evidence Rule is to ensure that the exact contents of a writing are brought before the court, considering that (a) the precision in presenting to the court the exact words of the writing is of more than average importance, particularly as respects operative or dispositive instruments, such as deeds, wills and contracts, because a slight variation in words may mean a great difference in rights; (b) there is a substantial hazard of inaccuracy in the human process of making a copy by handwriting or typewriting; and (c) as respects oral testimony purporting to give from memory the terms of a writing, there is a special risk of error, greater than in the case of attempts at describing other situations generally.

However, as on your case where the issue is only as to whether such document was actually executed, or exists, or on the circumstances relevant to or surrounding its execution, the best evidence rule does not apply and testimonial evidence is admissible. Any other substitutionary evidence is likewise admissible without need to account for the original. In the instant case, what is being questioned is the authenticity and due execution of the subject deed of sale. There is no real issue as to its contents.

Evidently, neither the contents of the document nor the terms of the writing are at issue. As such, the CA correctly held that the best evidence rule does not apply and secondary evidence, such as the instant certified true copy, may be admitted even without accounting for the original.

As such, the parties may prove the existence of a perfected or performed contract of sale through any competent evidence available, be it an original deed, a copy thereof, a memorandum, or even testimony on the prior, subsequent and contemporaneous acts of the parties.

Hope this helps.

Atty. Mary Antonnette Baudi