GR 150905; (September, 2003) (Digest)
G.R. No. 150905, September 23, 2003
CITIBANK, N.A. MASTERCARD, PETITIONER, VS. EFREN S. TEODORO, RESPONDENT.
FACTS
Petitioner Citibank filed a collection suit against respondent Efren Teodoro, a credit cardholder, claiming an unpaid obligation of P191,693.25 inclusive of interest and charges. During trial before the Metropolitan Trial Court (MTC), Citibank could only present photocopies of certain sales invoices or charge slips, marked as Exhibits “F” to “F-4,” which totaled only P24,388.36. Citibank admitted it could not produce all the original charge slips corresponding to its total claim.
The MTC rendered judgment ordering Teodoro to pay only the amount substantiated by the photocopies, P24,388.36, plus interest and penalties. The MTC held that the statement of account alone was insufficient to prove the larger claim without the supporting original sales invoices. The Regional Trial Court (RTC) affirmed this decision on appeal.
ISSUE
Whether the photocopies of the sales invoices (Exhibits “F” to “F-4”) are admissible as evidence to prove the contents of the original documents and establish Teodoro’s liability.
RULING
No. The Supreme Court affirmed the Court of Appeals’ reversal of the lower courts’ decisions, ruling the photocopies inadmissible as secondary evidence. The Court reiterated the best evidence rule under Sections 3 and 5, Rule 130 of the Rules of Court, which requires the original document to be produced when the subject of inquiry is its contents.
For secondary evidence to be admissible, the proponent must prove: (1) the due execution of the original; (2) the loss or unavailability of all originals; and (3) the existence of reasonable grounds for the loss without bad faith on the proponent’s part. Citibank failed to satisfy these prerequisites. Its sole witness merely testified that the originals were “in the ordinary course of business transmitted to the United States” and were not in its possession, without proving their loss or destruction. The Court held that unavailability must be absolute, not merely a difficulty in production. Mere assertion of the records being sent abroad does not constitute proof of loss required by the rules. Consequently, the photocopies were inadmissible, and Citibank failed to discharge its burden of proof by preponderance of evidence for any amount, including the P24,388.36 awarded by the MTC. The complaint was properly dismissed.