House prosecutors on Wednesday defended the use of photocopies and duplicate documents in the impeachment trial of Vice President Sara Duterte, saying such materials may be treated as originals under the updated rules on evidence if their authenticity is not genuinely disputed.
House prosecution legal spokesperson Atty. Jay Tolosa issued the clarification after the defense questioned documents presented during the testimony of National Bureau of Investigation (NBI) Senior Agent John Mark Calilung, including copies marked as certified true copies.
“Para mas maliwanagan tayo lahat, I think marami nagtatanong tungkol sa bagay na ’yan,” Tolosa said during a press briefing.
Tolosa said the issue is covered by the original document rule under the revised rules on evidence.
“Under the new rules on evidence, malinaw ho ’yan. There’s a rule that we call the original document rule,” he said.
Under the rule, Tolosa said duplicates, including photocopies, may be considered originals as long as there is no genuine question about their authenticity.
“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 the presence of a certified true copy marking does not automatically mean that a document’s authenticity is in doubt.
“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,” he said.
“It’s a faithful reproduction of the original,” Tolosa added.
He clarified that the rule applies to court proceedings and not to ordinary transactions outside trial.
House trial spokesperson and Lanao del Sur Rep. Zia Alonto Adiong said the public interest in the evidentiary issue shows that Filipinos are closely monitoring the impeachment proceedings.
“Isa lang ibig sabihin niyan, nakatutok ang taumbayan at nakikinig sila,” Alonto Adiong said.
He said the prosecution holds press briefings to help explain issues raised during the trial and provide context for what the public hears during the proceedings.
He likewise emphasized the role of the media in helping the public follow the impeachment trial, which he said involves questions of national importance.
“Importante po ang participation ng media dito sa ating bansa. Lalong-lalo na po itong impeachment trial,” he said.
The prosecution said objections to evidence may still be raised at the proper stage, but maintained that duplicates may be presented when they are faithful reproductions of the original and their authenticity is not genuinely disputed.