G.R. No. 248616, January 12, 2021
Galileo A. Maglasang, Petitioner, vs. People of the Philippines, Respondent.

FACTS

Petitioner Galileo A. Maglasang was charged with libel for allegedly sending a letter containing defamatory imputations against his brother, a member of the Philippine Coast Guard (PCG), to the PCG Commander. During trial, the prosecution presented only a photocopy of the alleged letter as evidence. The prosecution witness testified that he received the photocopy via email from the secretary of Commodore Ferdinand M. Velasco, did not know the whereabouts of the original letter or the secretary, and stated that Commodore Velasco was under investigation and in a floating status. The Court of Appeals upheld the admissibility of the photocopy, agreeing with the trial court that the prosecution established the unavailability of the original.

ISSUE

Whether the photocopy of the alleged libelous letter is admissible as evidence under the Original Document Rule (Best Evidence Rule) and its exceptions.

RULING

No. The photocopy is inadmissible. The Concurring Opinion agrees with the ponencia’s acquittal of Maglasang on the ground of reasonable doubt due to the prosecution’s failure to present the original letter and to justify the presentation of secondary evidence. The Original Document Rule requires the original writing to be presented when its contents are the subject of inquiry. The prosecution failed to prove the applicability of any exception, particularly the first exception for lost or destroyed originals. The witness’s testimony did not establish the loss or destruction of the original, nor did it show a bona fide and diligent but unsuccessful search for it. The testimony merely indicated a lack of knowledge of the original’s location. Consequently, the prosecution’s evidence is insufficient to prove guilt beyond reasonable doubt.