G.R. No. 171701, 8 February 2012
The transcript of stenographic notes (TSN) of the proceedings purportedly
before the PCGG, the plaintiff’s exhibit “Q”, may be a public document, but what
was presented by the plaintiff was a mere photocopy of the purported TSN and was not signed by the stenographer who supposedly took down the proceedings. Such document may link the Marcos siblings and Gregorio Araneta III to the ill-gotten wealth case of the former President Marcos.
Is Exhibit Q admissible?
Under Sec. 7 of Rule 130 of the Rules of Court provide that when the original document is in the custody of a public officer or is recorded in a public office, its contents may be proved by a certified copy issued by the public officer in custody thereof. Exhibit “Q” was not a certified copy and it was not even signed by the stenographer who supposedly took down the proceedings.
Thus, absent any convincing evidence to hold otherwise, petitioner fails to it follows that petitioner failed to prove that the Marcos siblings and Gregorio Araneta III collaborated with former President Marcos and Imelda R. Marcos and participated in the first couple’s alleged accumulation of ill-gotten wealth
*Case digest by Rosemarie Baliquig, LLB-4, Andres Bonifacio Law School, SY 2018-2019