Can a Photocopy Establish Filiation in Philippine Courts?

Secondary Evidence Rules Explained (Philippine context)

Short answer: A plain photocopy, by itself, almost never suffices to establish filiation. It can work only if (a) the Rules of Evidence allow a duplicate to be treated like an original and no genuine question is raised about authenticity, or (b) you first lay the proper secondary-evidence foundation showing why the original cannot be produced. In practice, courts expect PSA/LCRO-certified copies for civil registry records and properly authenticated copies for other documents.

I. What “filiation” means and why proof matters

Filiation is the legal relationship of a child to a parent. It affects:

Support, inheritance, and parental authority
Use of surname (e.g., R.A. 9255 rules for use of the father’s surname by an illegitimate child)
Status (legitimate or illegitimate) and related civil effects

The Family Code provides the modes of proving filiation:

Legitimate children (Art. 172):
1. Record of birth in the civil register or a final judgment;
2. Admission of legitimate filiation in a public document or private handwritten instrument signed by the parent; If these are absent: open and continuous possession of the status of a legitimate child, or any other means allowed by the Rules of Court and special laws (e.g., DNA).
Illegitimate children (Art. 175 in relation to Art. 172): Same evidentiary modes (birth record, public document/private handwritten admission, open and continuous possession, other competent evidence). Philippine jurisprudence frequently requires clear and convincing proof in recognition cases, even though civil cases ordinarily apply preponderance of evidence.

Key takeaway: a birth record (PSA/LCRO) or a clear parental admission is the gold standard. Everything else (including photocopies) is supplemental or subject to stricter foundations.

II. Best Evidence, Duplicates, and Secondary Evidence—where do photocopies fit?

A. Best Evidence Rule (Rule 130)

When the contents of a document are the subject of inquiry (as in filiation derived from what a record says), the original is required unless an exception applies. This is to prevent mistakes or fraud about what a writing actually contains.

B. Duplicates (photocopies) under the Revised Rules

The 2019 Revised Rules adopted a more permissive view of duplicates (including photocopies, carbon copies, or identical electronic reproductions). A duplicate may be admissible to the same extent as the original unless:

a genuine question is raised as to the authenticity of the original, or
circumstances make it unfair to admit the duplicate.

Practical effect: If the opposing party squarely challenges authenticity, or if the document is pivotal and contested (common in filiation disputes), courts will often insist on a certified copy (for public records) or the original (for private writings) unless you satisfy the secondary-evidence predicate.

C. Secondary Evidence (when the original can’t be produced)

If you cannot produce the original, you may present secondary evidence (like a photocopy) but only after you establish:

Existence and due execution of the original (it existed and was duly made/signed);
Loss, destruction, or unavailability of the original, without bad faith;
Contents of the original (through a copy, testimony, or other reliable proof).

If the original is in the custody of the adverse party, you must show reasonable notice to produce (and failure to do so) or use a subpoena duces tecum for a custodian (e.g., PSA or hospital records officer).

III. Public vs. private documents: different authentication paths

A. Public documents (e.g., civil registry birth records)

The “original” birth record is kept by the Local Civil Registry (LCRO) and archived by the Philippine Statistics Authority (PSA).
Courts expect a PSA/LCRO-certified true copy (with official seal/signature). This is self-authenticating as a public document.
A plain photocopy of a PSA certificate (i.e., not certified) is ordinarily not self-authenticating and may be refused if authenticity is questioned.

Bottom line: To prove filiation via birth record, file a PSA-certified copy (or an LCRO certified transcription) rather than a mere photocopy.

B. Private documents (e.g., an acknowledgment letter signed by the parent)

A notarized acknowledgment is a public document and self-authenticating on its face (subject to specific challenges to the notarization).
A private handwritten instrument signed by the parent (even if unnotarized) is valid proof under Art. 172, but it must be authenticated (by the signer, a witness to execution, proof of handwriting, comparison, or other modes).
A photocopy of such private document is admissible only as a duplicate (if unchallenged) or secondary evidence (if you first prove loss/unavailability of the original, etc.). Courts scrutinize these closely in filiation suits.

IV. How photocopies are treated across common proof scenarios

Photocopy of a PSA Birth Certificate
- Best practice: get a PSA-certified copy.
- A plain photocopy is typically insufficient if authenticity is put in issue.
- If you truly cannot obtain certification (e.g., record lost/late registration problems), lay secondary-evidence foundations and consider other modes (open and continuous possession; entries in official records; pedigree evidence; DNA).
Photocopy of a notarized parental admission
- If notarized, it’s a public document. Present a certified copy from the notary’s archive or the issuing office.
- A plain photocopy may be admitted as a duplicate only if authenticity is not genuinely disputed. Otherwise, authenticate or use secondary evidence.
Photocopy of a private handwritten acknowledgment signed by the father
- Explicitly allowed by Art. 172 as a mode of proof if signed by the parent.
- But the signature must be authenticated. If the original is unavailable, you must prove existence, loss, and contents before the court considers the photocopy.
Photocopies of school, baptismal, medical, or employment records naming the parent
- These may qualify as entries in official records (hearsay exception) if made in the performance of official duty; church/baptismal records may fall under pedigree exceptions.
- They are corroborative, not conclusive; photocopies require authentication (e.g., certification by the custodian) or secondary-evidence foundations.
Photocopy of DNA report
- DNA is admissible under the Rule on DNA Evidence. Present chain-of-custody and call the expert if necessary. Courts prefer the original report or a certified true copy from the laboratory; a plain photocopy can be attacked unless properly authenticated or justified under secondary-evidence rules.

V. “Open and continuous possession of status” and pedigree evidence

When documentary anchors are weak or unavailable:

Open and continuous possession of status (recognized and treated as a child: using the parent’s surname, being received into the family, publicly represented as such over time) can establish filiation, especially when combined with corroborative documents (school, medical, baptismal, SSS/PhilHealth, insurance forms) and witness testimony.
Pedigree hearsay exceptions allow statements by deceased relatives or entries in family bibles, genealogies, or similar sources to prove relationship. Photocopies of these must still be authenticated or justified as secondary evidence.

VI. Burden and quantum of proof

The claimant bears the burden to establish filiation.
Courts frequently require clear and convincing evidence for filiation/recognition, given the status-changing consequences (even though the default civil standard is preponderance).
Consistency across documents, testimony, and conduct matters. A lone photocopy—especially one that is unsigned, uncertified, or contested—rarely meets this standard.

VII. Laying the foundation when you must rely on a photocopy

If circumstances force you to offer a photocopy, do the following before offering it in evidence:

Explain why the original cannot be produced.
- Detail efforts to obtain a PSA/LCRO certification or to locate the private original.
- If in the opponent’s possession, show written notice to produce or a subpoena and their failure to comply.
Prove existence and due execution.
- For public records: testimony or certification from the custodian (e.g., LCRO/PSA).
- For private writings: testimony of a witness who saw the document executed, or proof of handwriting; or admissions of the adverse party.
Prove contents.
- Use the photocopy plus corroboration (testimony, other records).
- If multiple copies exist (e.g., hospital worksheet + LCRO transcription), present them together for consistency.
Authenticate.
- For public documents, secure a certified true copy (PSA/LCRO or custodian).
- For private documents, authenticate signature/notarization or use recognized substitutes (ancient document rule, comparison of handwriting, admissions).
Address chain-of-custody if the document is scientific (e.g., DNA).

Expect objections such as: best evidence; lack of authentication; hearsay; alteration; incompleteness; unfair prejudice. Be ready with the predicate above and, where applicable, hearsay exceptions (official records, pedigree, statements against interest, business records).

VIII. Special notes on civil registry and RA 9255

PSA/LCRO birth record is the primary documentary proof of filiation. If the father’s name appears because he acknowledged the child (e.g., through an affidavit of acknowledgment/affidavit to use the surname under R.A. 9255), that typically suffices—but present the certified record, not a plain photocopy.
If the father did not sign or acknowledge, the birth certificate alone won’t establish filiation to him. You must rely on other modes (admission in public/private instrument, open and continuous possession, DNA, etc.).
If the record is missing or erroneous, you may need a late registration, annotation, or a petition for correction (under R.A. 9048/R.A. 10172 for clerical errors) distinct from—but sometimes coordinated with—an action to establish filiation.

IX. Electronic documents and scans

Under the Rules on Electronic Evidence:

An electronic document (e.g., a scanned birth certificate stored electronically) is admissible if it complies with authenticity and reliability requirements.
A printout may be treated as an original if it accurately reflects the electronic data and is certified or properly authenticated.
A mere uncertified printout/photocopy remains vulnerable unless the duplicate rule applies without challenge, or you establish secondary-evidence predicates.

X. Practical checklists

If you’re proving filiation through documents

☐ Secure PSA/LCRO-certified birth certificate.
☐ If relying on admissions: obtain the notarized instrument or authenticate the parent’s handwritten private admission.
☐ For supporting records (school, baptismal, hospital): get custodian certifications or present the custodian.
☐ For DNA: prepare chain-of-custody, call the expert, offer the original/certified report.

If you must rely on a photocopy

☐ Assess if it qualifies as an uncontested duplicate; if not, be ready with secondary-evidence foundations.
☐ Show diligent efforts to obtain the original/certified copy.
☐ Authenticate signatures/entries via witnesses or custodian.
☐ Combine with open and continuous possession proof and other corroboration.

For trial handling

☐ Lay the predicate before offering the photocopy.
☐ Anticipate best-evidence and authentication objections.
☐ Use hearsay exceptions (official records, pedigree, business records) where appropriate.
☐ If the other party holds the original, serve notice to produce or subpoena.

XI. Bottom line

A PSA/LCRO-certified copy of the birth record or a properly authenticated admission is the safest route.
A plain photocopy can help only if (i) treated as an uncontested duplicate under the Revised Rules, or (ii) admitted as secondary evidence after you prove existence, loss/unavailability, and contents—with authentication.
In contested filiation cases, courts expect robust, consistent, and often clear and convincing proof. Treat photocopies as supporting, not primary, unless you have meticulously laid the proper evidentiary foundation.

This article is general information on Philippine law and procedure. For a live case, consult counsel to calibrate your proof, subpoenas, and trial strategy to the facts and the specific court’s practice.