In Philippine jurisprudence and administrative practice, the legal standing of a photocopy—often referred to as a "plain copy"—of a notarized document is governed by the Rules on Evidence and the 2004 Rules on Notarial Practice. While notarization converts a private document into a public document, that status does not automatically extend to its reproduction.
1. The Best Evidence Rule (Original Document Rule)
The foundational principle in Philippine law regarding copies is the Best Evidence Rule (now termed the Original Document Rule under the Revised Rules on Evidence).
- General Rule: When the subject of inquiry is the contents of a document, no evidence shall be admissible other than the original document itself.
- Application: A photocopy is generally considered secondary evidence. It is inadmissible in court unless the offeror can prove that the original is lost, destroyed, or cannot be produced in court without bad faith on the part of the offeror.
2. Public Documents and Self-Authentication
Under Rule 132, Section 19 of the Rules of Court, a document acknowledged before a notary public is considered a public document.
- Public documents are admissible in evidence without further proof of their due execution and genuineness.
- However, this evidentiary weight is strictly reserved for the original notarized document or a certified true copy issued by the relevant custodian (e.g., the Notary Public, the Executive Judge of the RTC, or the National Archives).
3. Certified True Copies vs. Plain Photocopies
A plain photocopy lacks the "self-authenticating" nature of a public document. To give a photocopy legal weight equivalent to the original, it must undergo certification:
- Notarial Certification: A Notary Public may certify a photocopy as a "Certified Copy" only if the original document is presented to them and is found to be a copy of a record kept by the Notary (such as an entry in their Notarial Register).
- Official Custodian: If the original has already been submitted to the Clerk of Court, a "Certified True Copy" must be obtained from the Office of the Clerk of Court to be admissible in legal proceedings.
4. Validity in Administrative vs. Judicial Proceedings
The strictness of the rule often depends on the forum:
| Context | Validity of Photocopy |
|---|---|
| Court Trials | Generally inadmissible as primary evidence; requires a foundation for secondary evidence. |
| Government Agencies | Many agencies (e.g., LTO, Register of Deeds, DFA) strictly require original notarized documents or certified true copies for processing transactions. |
| Private Transactions | Banks and financial institutions typically reject plain photocopies of Special Powers of Attorney (SPA) due to the risk of fraud or revocation. |
5. Jurisprudential Nuances
The Supreme Court has held in various instances (e.g., Skunac Corp. vs. Sylianteng) that while a photocopy may not be the best evidence of its contents, it may be admitted if the adverse party fails to timely object to its introduction during the trial. If no objection is raised, the photocopy may be appreciated by the court, though its probative value (the weight given to it) may still be lower than an original.
6. Exceptions: When a Photocopy Suffices
A photocopy of a notarized document may be legally recognized if:
- Lost or Destroyed: The proponent proves the existence and execution of the original and its subsequent loss.
- In Possession of Adverse Party: The original is with the opposing party who refuses to produce it despite notice.
- Public Record: The original is a public record in the custody of a public officer or is recorded in a public office.
Summary of Legal Status
A plain photocopy of a notarized document does not possess the legal character of a public instrument. It is merely a representation of a document and lacks the presumption of authenticity. For any transaction requiring legal certainty—such as the sale of real property, encumbrance of assets, or representation in court—the original or a duly certified true copy is the only version that carries full legal validity under Philippine law.