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Section 26, rule 123, rules of court

 

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Section 26, Rule 123 of the Rules of Court in the Philippines pertains to the manner of making evidence of handwriting or genuineness of any material writings. It states:

"Section 26. Manner of making evidence of handwriting or genuineness of any material writing. - The handwriting or genuineness of any material writing, document, or object may be proved by any witness who believes it to be the handwriting or genuineness of the person whose handwriting or genuineness is in issue, and has seen the person write, or has seen writing purporting to be his upon which the witness has acted or been charged, and has thus acquired knowledge of the handwriting or genuineness of the writing in question. Evidence respecting the handwriting or genuineness of any material writing or object may also be given by a comparison, made by the witness or the court, with writings or objects admitted or treated as genuine by the party against whom the evidence is offered, or proved to be genuine to the satisfaction of the judge."

This rule specifies the ways in which the authenticity or genuineness of any material writing, document, or object can be proven in court. It allows any witness who has sufficient knowledge of the handwriting or genuineness of the writing in question to testify. Such a witness should have either seen the person write the disputed writing or have seen other writings purportedly written by that person, which the witness has acted upon or been charged with. This firsthand knowledge enables the witness to provide evidence on the matter.

Furthermore, the rule permits the court or the witness to compare the writing or object in dispute with other writings or objects that have been admitted or accepted as genuine by the opposing party. If the genuineness of those writings or objects has been established to the satisfaction of the judge, they can serve as a basis for comparison.

Overall, this section of the Rules of Court provides the guidelines for proving the handwriting or genuineness of any material writing, document, or object in a legal proceeding.