RULE 130 EVIDENCE Object Evidence Sison v. People, GR 108280-83, 1995

Sison v. People, GR 108280-83, 1995

Doctrine: The correctness of the photograph as a faithful representation of the object portrayed can be proved prima facie, either by the testimony of the person who made it or by other competent witnesses, after which the court can admit it subject to impeachment as to its accuracy. Photographs, therefore, can be identified by the photographer or by any other competent witness who can testify to its exactness and accuracy

FACTS: This case stems from the great political polarization after the EDSA Revolution of 1986 between the Cory loyalists and Marcos loyalist. During a rally held by Marcos loyalists which includes herein petitioner Romeo Sison, allegedly beat and boxed one Stephen Salcedo a Cory loyalist resulting to his death.

Thereafter, a criminal complaint for murder was filed against Sison et al on the basis of pieces of evidence which includes photographs taken during the mauling incident which were subsequently published in various magazines and newspapers. The trial court found Sison et al guilty of murder. Hence this case.

Sison argues that the photographs taken and thereafter published in different newspapers and magazines are  inadmissible in evidence because its competency, which may only be proven by the testimony of the person who took the same, or by other competent witnesses, was never duly proven before the trial court, hence this petition.

ISSUE: WHETHER THE PHOTOGRAPHS ARE ADMISSIBLE IN EVIDENCE TO SUSTAIN CONVICTION OF THE ACCUSED? 

HELD: YES. The rule in this jurisdiction is that photographs, when presented in evidence, must be identified by the photographer as to its production and testified as to the circumstances under which they were produced.

The value of this kind of evidence lies in its being a correct representation or reproduction of the original, and its admissibility is determined by its accuracy in portraying the scene at the time of the crime. The photographer, however, is not the only witness who can identify the pictures he has taken. The correctness of the photograph as a faithful representation of the object portrayed can be proved prima facie, either by the testimony of the person who made it or by other competent witnesses, after which the court can admit it subject to impeachment as to its accuracy. Photographs, therefore, can be identified by the photographer or by any other competent witness who can testify to its exactness and accuracy