A duplicate or photocopy of original documents, whether in paper or electronic form, is admissible as evidence in court as long as there is no genuine question on the original’s authenticity.

“A photocopy, being a duplicate, is admissible to the same extent as the original absent any genuine question as to the authenticity of the original or a showing that it is unjust or inequitable to admit the duplicate in lieu of the original,” the Supreme Court (SC) said.

It said the use of duplicate or photocopy of original documents is allowed under Rule 130, Section 4(c) of the 2019 Revised Rules on Evidence.  

In a decision written by Chief Justice Alexander G. Gesmundo, the SC said the rule applies to both paper-based and electronic documents, reflecting the modern reality where duplicates are often as reliable as originals.

“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,” it said.

It also said 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."

A summary of the decision issued by the SC’s Office of the Spokesperson stated that the decision upheld the conviction of Ybo Lastimosa for the murder of Ildefonso Vega Jr. in 2012.

The case involved the use of a photocopy of Vega’s death certificate as key evidence. During the trial, witnesses testified that Lastimosa shot Vega in the head outside a cockpit in Cebu City.

Vega’s wife testified that he was already dead when she found him at the hospital. To support her testimony, the prosecution presented a photocopy of Vega’s death certificate, which confirmed that he died from gunshot wounds to the head and neck.

The Regional Trial Court found Lastimosa guilty of homicide, relying on the photocopy of the death certificate and eyewitness accounts.

On appeal, the Court of Appeals upgraded the conviction to murder, ruling that the attack involved treachery, as Vega had no chance to defend himself or escape when he was shot.

Lastimosa appealed the CA’s decision and argued that the prosecution failed to prove the corpus delicti (the body of the crime) or that the crime was committed because the original death certificate was not presented during the trial.

He pointed out that a photocopy, without comparison to the original for authentication, should not have been admitted as evidence.

In resolving Lastimosa’s appeal, the SC noted that the photocopy of the death certificate was admissible because there was no dispute over the original document’s authenticity, nor was there any claim of unfairness in relying on the duplicate.

It pointed out that the photocopy of the death certificate, combined with the testimonies of Vega’s wife and other eyewitnesses, sufficiently established that Vega died from gunshot wounds and that Lastimosa was responsible.

The dispositive portion of the SC’s decision:

“Accordingly, the Feb. 11, 2022 Decision of the Court of Appeals, Cebu City in CA-G.R. CR No. 03604 is affirmed. Accused-appellant Ybo Lastimosa is found guilty beyond reasonable doubt of the crime of Murder punishable under Article 248 of the Revised Penal Code.

“He is sentenced to suffer the penalty of reclusion perpetua. Further, he is ordered to pay civil indemnity in the amount of P75,000, moral damages in the amount of P75,000, exemplary damages in the amount of P75,000, and temperate damages in the amount of P50,000.

“Interest rate of six percent per annum shall be imposed on all damages awarded from the finality of this judgment until fully paid. So ordered.”