6/9/2020 E-Library - Information At Your Fingertips: Printer Friendly We refer to the following ruling in Fullero v. People,[48] wherein we rejected a similar argument raised by petitioner therein against a certification issued by an officer of the Professional Regulation Commission: Regarding the third issue, petitioner contended that the prosecution's documentary evidence, consisting of Exhibits "A," "C," "F," "G," "H," "I," "J," "K," "L," "M," "N," "O," "P," "Q" and "R" and their sub-markings, are inadmissible in evidence based on the following reasons: (1) Exhibit "A," which is the Certification of the PRC dated 17 January 1998, confirming that petitioner's name does not appear in the registry books of licensed civil engineers, was not properly identified during the trial. The proper person to identify the certification should have been the signatory therein which was PRC Director II Jose A. Arriola, or in his absence, a person who actually witnessed the execution of the certification. Prosecution witness Atayza, who was not present when the certification was executed, had identified the certification during the trial. Thus, the contents of the certification are mere hearsay; x x x. xxxx Section 36, Rule 130 of the Revised Rules on Evidence, states that a witness can testify only to those facts which he knows of or comes from his personal knowledge, that is, which are derived from his perception. A witness, therefore, may not testify as to what he merely learned from others either because he was told, or he read or heard the same. Such testimony is considered hearsay and may not be received as proof of the truth of what he has learned. This is known as the hearsay rule. The law, however, provides for specific exceptions to the hearsay rule. One of the exceptions is the entries in official records made in the performance of duty by a public officer. In other words, official entries are admissible in evidence regardless of whether the officer or person who made them was presented and testified in court, since these entries are considered prima facie evidence of the facts stated therein. Other recognized reasons for this exception are necessity and trustworthiness. The necessity consists in the inconvenience and difficulty of requiring the official's attendance as a witness to testify to innumerable transactions in the course of his duty. This will also unduly hamper public business. The trustworthiness consists in the presumption of regularity of performance of official duty by a public officer. Exhibit "A," or the Certification of the PRC dated 17 January 1998, was signed by Arriola, Director II of the PRC, Manila. Although Arriola was not presented in court or did not testify during the trial to verify the said certification, such certification is considered as prima facie evidence of the facts stated therein and is therefore presumed to be truthful, because elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/26427 13/23

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