step three. During the unlawful times: where in fact the act complained regarding is generated through to or contained or evidenced of the a document such as for the falsification, perjury, bigamy, malversation, estafa, issuance out-of a great watered look at
a). if the concern is the external factual statements about the document such as for instance if it exists or otherwise not, if it is conducted, delivered, put otherwise obtained
b). when the composing merely a guarantee fact, due to the fact whenever a witness identifies a crafting off a discussion which he heard following jotted off otherwise if the composing is used merely while the an issue of source
2. whenever there clearly was incapacity so you can refute specifically less than oath the fresh new owed performance and you may genuiness of one’s file ( Consolidated Bank versus. Del Monte Cars, )
step one. To be sure reliability and to avoid the risk of mistransmission away from the fresh items in a publishing as a result of (i) the desire away from reliability inside the to provide on legal the specific terminology off a writing specifically during the operatative otherwise dispositive tool for example since deeds, tend to and you can contracts, because the a small variation when you look at the terms and conditions can get indicate a variation for the legal rights (ii) large risk of inaccuracy throughout the people process of and work out a great copy and you will (iii) due to the fact esteem dental testimony purporting provide from memory the newest conditions out of a crafting, there was special threat of mistake.
The original was beyond your Philippines and and this, to own official factors, cannot be brought to the new Philippines
V. This new Gregorio Doctrine: In violent instances of falsification, it is essential your legal enjoys ahead of your new document speculated to was in fact simulated, counterfeited or falsified until:
1. The original is in the arms of the adverse party/implicated exactly who would not send or establish the same even with demand
dos. Example: This new originals are You Treasury Deserves which can be into the All of us Treasury Agencies whereby photostat copies is admitted
EXCEPTIONS: When Second Research Perhaps Displayed
I. Additional Facts: relates to one evidence to show the items in a file apart from the initial of your told you creating. It possibly oral otherwise composed.
II. Earliest Exclusion: “In the event that fresh has been shed, destroyed, or can not be produced in legal instead crappy faith on the part of the offeror.
2. “cannot be manufactured in judge”- the original are present however, often (i) it’s off a character it is myself impractical to carry it for the courtroom as with the latest instances of a decorating to the a wall or tombstone or it includes the information kept in a pc (ii) do incorporate high hassle, expenses otherwise loss of big date when the brought to court, like in possible out of an authorship on a rock (iii) it is beyond your Philippine territory
step 3. “in the place of bad trust on behalf of the offeror”- this new missing 
or unavailability was not due to the act or neglect of the people presenting second facts, or if because of the work otherwise blame out of a third individual, then offeror didn’t come with part therein.
(i). Evidence of the fresh new existence and owed execution of your brand new through the testimonies of the persons who performed the document; brand new important witnesses; by an enthusiastic eyewitness thereof; exactly who saw they after its performance and you can approved the new signatures therein; because of the people prior to whom it absolutely was acknowledged, or perhaps to who the lifestyle are narrated
(ii). Proof the fact off loss otherwise depletion of original from the testimonies out-of (a) whoever knew of one’s facts of the loss as with happening away from an eyewitness on the losings or testimony off the last custodian (b) one just who made a persistent research on the areas where brand new original is expected to enter custody and which didn’t to obtain it (c) one specially assigned to locate however, was not able to get the fresh, like in possible out of a detective.
