An original writing, recording, or Documentary evidence consists of

photograph is required in order to writings, recordings, photographs or any

prove its content unless these rules material containing letters, words,
or a federal statute provides sounds, numbers, figures, symbols, or
otherwise. their equivalent, or other modes of
written expression offered as proof of
Q: Is a recording of a conversation their contents.
considered a documentary
Q: Is marked money a documentary evidence?
evidence? A: Essentially documentary evidence is any
A: A “recording" consists of letters,
material offered principally as proof of its
words, numbers, or their equivalent
contents rather than the material itself.
recorded in any manner. (See FRE
Hence marked money is object and not
1001[b]). Under S2 R130 as amended by
documentary evidence.
the 2020 amendments, recording includes
“sounds.”
Q: The prosecution witness testified that he
Hence a recording of a conversation, saw a CCTV footage of the accused robbing
speech, or other oral communication is the bank. The defense counsel objected on the
ORIGINAL DOCUMENT
considered as documentary RULE
evidence. ground of the original document rule. The
prosecutor argued that the CCTV footage is not
The original document rule a document since it is not a writing. Is the
provides that when the subject of prosecutor correct?
inquiry is the contents of a A: No. Photographs, which includes motion
document, writing, recording, pictures or videos, are expressly included in the
photograph or other record, no definition of documentary evidence under S2
evidence is admissible other than R130 and in the original document rule under
S3 R130 of the 2020 Rules on Evidence.
the original document itself. (S3
R130 as amended by the 2020
amendments).