Sei sulla pagina 1di 1

Under the duplicate counterpart rule, these photocopies are counterpart produced by the same

impression from the same matrix by photography. The electronic or mechanical principle involve
in the process of photography is the same in photocopy, same method or process. In fact, if you
want to secure an enlarge photocopy of the document or a miniature copy of the document, you
can obtain it through photocopy machine – there are photocopy machine which offers this kind
of functional features. This is what is referred to under the rules.

If there is a dispute as to the accuracy of the letter of Horeb, any of these 100 copies may be
offered as evidence because these are duplicates admissible to the same extent as the original
except there is a genuine question as to the authenticity of the original or it is inequitable to
accept the duplicate.

That is the essence of the new amendment – to eliminate as much as possible the distinction
between the original and the so-called copies. That is the breakthrough on the rules on evidence
and this is brought principally by the introduction by the electronic evidence rule.

Before when a document is an ordinary paper-based document and there is an issue as to the
application of the Best Evidence Rule, now, original document rule (NOTE: he mentioned PER
instead of BER, kindly check ang succeeding transcription, he mentioned PER again but I believe
he’s pertaining to BER thanks) the question should be resolve under the provisions of the Rules
of Court because the provision of the ROC on best evidence rule are the ones applicable if the
document involve is paper-based. But if the document involve is electronic the best evidence rule
applicable shall be the electronic evidence rule because obviously there is difference and
distinction between what is original in the BER provided under the ROC relating to paper-based
and there is distinction between what is original and duplicate in so far as the electronic
document. So, it was necessary before this amendment, to determine what kind of document is
it.

Potrebbero piacerti anche