CASE 2020-0040: VICENTE T. GUERRERO, VS. PHIL. PHOENIX SURETY & INSURANCE, INC. (G.R. No. 223178, DECEMBER 9, 2020, CARANDANG, J.)

DISPOSITIVE:

“WHEREFORE, the petition is GRANTED. The Decision dated June 23, 2015 and the Resolution dated January 20, 2016 of the Court of Appeals in CA-G.R. CV No. 101902 are REVERSED and SET ASIDE. The Complaint in Civil Case No. 09-122267 is DISMISSED

So Ordered.”

SUBJECTS/DOCTRINES/DIGEST:

WHAT HAPPENED IN THIS CASE?

GUERRERO’S CHEVROLET PICK-UP DRIVEN BY A CERTAIN CORDERO  COLLIDED WITH AN IZUZU SPORTIVO OWNED AND DRIVEN BY GATICALES. PHOENIX INSURANCE PAID DAMAGES TO GATICALES AND SUED GUERERO AND CORDERO. EVIDENCE OF PHONIX INSURANCE CONSISTED OF TESTIMONY OF SOLE WITNESS, ITS CLAIMS MANAGER, THE POLICE CERTIFICATE STATING AN ENTRY RECORDED IN THE POLICE BLOTTER AND PICTURES. THE BLOTTER SHOWS THAT THE CHEVROLET OVERLAPPED TO THE CENTER LINE OF THE HIGHWAY RESULTING TO THE ACCIDENT. RTC AND CA RULED THAT GUERRERO AND CORDERO ARE JOINTLY LIABLE. SC REVERSED THEIR DECISIONS ON THE GROUND THAT THE POLICE CERTIFICATION AND PICTURES, THE MAIN EVIDENCES, WERE IMPROPERLY PRESENTED. THE PHOENIX CLAIMS MANAGER IS NOT THE PROPER PARTY TO TESTIFY ON THE POLICE CERTIFICATE BECAUSE HE HAS NO PERSONAL KNOWLEDGE OF IT, NOR OF THE INCIDENT. THE BLOTTER ENTRY SHOULD HAVE BEEN PRESENTED BY THE POLICE OFFICER WHO PREPARED IT OR WHO HAS PERSONAL KNOWLEDGE OF THE INCIDENT. LIKEWISE THE PICTURES SHOULD HAVE BEEN PRESENTED BY THE ONE WHO TOOK THEM OR THE ONE WHO WAS AT THE SCENE SO HE CAN RELATE THE PICTURES TO THE OBJECTS WHOSE PICTURES WERE TAKEN.WITH THE INADMISSIBILITY OF THE POLICE CERTIFICATE AND THE PICTURES, RES IPSA LOQUITOR DOES NOT APPLY BECAUSE NEGLIGENCE WAS NOT PROVEN.

A POLICE BLOTTER IS ADMISSIBLE BEING AN EXCEPTION TO THE HEARSAY RULE BECAUSE IT IS AN ENTRY IN OFFICIAL RECORD. WHY WAS THIS RULE NOT APPLIED IN THIS CASE?

BECAUSE TO BE ADMISSIBLE THE SAID EVIDENCE MUST BE PRESENTED PROPERLY. IN THIS CASE, PHOENIX INSURANCE FAILED TO PRESENT THE POLICE CERTIFICATE PROPERLY.

“The strength of Phoenix’s claim for damages mainly rests on the admissibility and probative value of the police certificate ( embodying the contents of the police blotter) and the pictures of the damaged Isuzu. The lower courts both concluded that the police blotter is an exception to the hearsay rule because it is classified as an entry in official record, following Section 46, Rule 130 of the Rules of Court.40

A police blotter entry, or a certification thereof, is admissible in evidence as an exception to the hearsay rule under Section 46, Rule 130 of the Rules of Court. In order for it to be admissible, the said evidence must be properly presented in evidence. What must have been presented in evidence was either the police blotter itself or a copy thereof certified by its legal keeper.”

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