Dear Atty. Angela,
I am an illegitimate child of my father and when he passed away, I filed for a petition for declaration of filiation so I may take part in the settlement of his estate. It is undisputed that I grew up with my father recognizing me as his son. In fact, he signed in my birth certificate proving my relationship to him. However, during the petition, only the xerox copy of my birth certificate was presented. Would this be recognized and admitted by the court?
Ken
□□□□□
Dear Ken,
Yes, the new Rules on Evidence now allow the presentation of a photocopy so long as there is no dispute over the original document’s authenticity.
It is clear that under Rule 130, Section 4(c) of the 2019 Revised Rules on Evidence, which took effect in 2020, a duplicate is admissible as the original unless there is a genuine question about the original’s authenticity, or it would be unfair to use the duplicate. This rule applies to both paper-based and electronic documents, reflecting the modern reality where duplicates are often as reliable as originals.
In the case of People of the Philippines v. Lastimosa, G.R. No. 265758 (2025), the Supreme Court ruled that a duplicate or photocopy of original documents, whether in paper or electronic form, can be admitted as evidence in court, provided there is no genuine question regarding the original’s authenticity or fairness in using the copy.
The SC explained that a photocopy is considered a duplicate as defined under the Revised Rules on Evidence — “a counterpart produced by the same impression as the original, or from the same matrix, or by means of photography, including enlargements and miniatures, or by mechanical or electronic re-recording, or by chemical reproduction, or by other equivalent techniques which accurately reproduce the original.”
It was reasoned that this approach reflects the practical realities of document usage and storage in the modern world, where duplicates are often indistinguishable from originals and can be more accessible.
However, the SC emphasized that while a photocopy may be admissible, its weight or value depends on how well it corroborates or supports other available evidence.
Atty. Angela Antonio