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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.
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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
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