5/3/2021 E-Library - Information At Your Fingertips: Printer Friendly truth of the statements uttered.[17] In the same vein, the Certification must not be given weight. Private respondents not only failed to present Victor Lim before the POEA to be cross-examined by petitioner, but the Certification was also not verified or under oath.[18] To our mind, it is just a last-ditch attempt on the part of Step-Up Agency to help private respondents free themselves from liability to petitioner. It bears noting that private respondents, Victor Lim and Step-Up Agency, as shown by petitioner's evidence, acted in concert in his deployment to Singapore. Hence, such certification is, at most, self-serving. On the other hand, the PNB Checks and the agreements presented by petitioner strongly disprove private respondents' total strangers" theory. It may be observed that, in their attempt to exculpate themselves from monetary liability, private respondents adopted an extreme position, i.e., that they have nothing to do with petitioner, Victor Lim and Step-Up Agency. Such strategy proved to be disastrous to them. The mere presentation of documents bearing private respondents' names and that of Step-Up Agency and Victor Lim is enough to defeat their theory. More so, when the documetary evidence consist of bank checks showing the existence of a joint account, and authorization agreements revealing a contract of agency. Private respondents' argument that petitioner's evidence are mere photocopies and therefore cannot be considered as the best evidence on the issue does not persuade us. The best evidence rule enshrined in the Revised Rules on Evidence provides that "when the subject of an inquiry is the contents of a document, no evidence shall be admissible other than the original document itself."[19] This rule is not without exception. Some of the exception are when the original has been lost or destroyed; cannot be produced in court without bad faith on the part of the offeror; or when the original is in the custody or under the control of the party against whom the evidence is offered and the latter fails to produce it after reasonable notice.[20] It would be unreasonable to demand from petitioner the presentation of the original PNB Checks considering that it is a banking practice that for a check to be encashed, the same must be surrendered to the bank first. These checks are, therefore, most likely in the possession of the bank. As to the agreements, it is reasonable to conclude that respondent Cayanan was the one in possession of the originals thereof. It maybe recalled that these agreements were executed by the workers for his security and benefit. At any rate, it is worthy to note that private respondents did not disown the PNB checks nor deny the existence of the agreements. Notwithstanding the foregoing, it must be emphasized that the proceedings before the POEA is non-litigious in nature. The technicalities of law and procedure and the rules obtaining in the courts of law shall not strictly apply thereto and a hearing officer may avail himself of all reasonable means to ascertain the facts of the case.[21] On the applicability of the Rules of Court to labor cases, the Supreme Court has ruled in Shoemart, Inc. v. National Labor Relations Commission[22]: "The argument cannot be sustained. Whatever merit it might have in the context of ordinary civil actions, where the rules of evidence apply with https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/52737 5/11