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[PEOPLE v. JOSE TEODOKO](https://www.lawyerly.ph/juris/view/c2e12?user=fbGU2WFpmaitMVEVGZ2lBVW5xZ2RVdz09)
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[ GR No. L-8079, Feb 29, 1956 ]

PEOPLE v. JOSE TEODOKO +

DECISION

98 Phil. 569

[ G.R. No. L-8079, February 29, 1956 ]

THE PEOPLE OF THE PHILIPPINES, PETITIONER, VS. THE HONORABLE JOSE TEODOKO, SR., JUDGE OF THE SECOND BRANCH OF THE COURT OF FIRST INSTANCE OF NEGROS OCCIDENTAL, 12TH JUDICIAL DISTRICT, RESPONDENT.

D E C I S I O N

LABRADOR, J.:

This  is an  original action of  certiorari against Judge Jose Teodoro, Sr. of the Court of First Instance of  Negros Occidental to annul two orders issued by him in the course of .the trial of  Criminal Case No. S739, entitled People vs. Ruperto Angudong.  In one order he rejected  an attempt of the assistant provincial fiscal to identify a certified true copy of the service record  of the defendant in the Bureau of Civil Service, one of the papers in said record  being a certified copy of a certified true copy of a certificate issued by one Dra. Rosario Abeto.  A witness of the  Fiscal from the Bureau of Civil Service was  testifying  on and identifying the record, declaring that the original of the certificate could not be found in the files of the Bureau, when upon  objection that the original certificate must  be produced, the respondent judge ordered the whole testimony to be stricken out.

In  the  second  order respondent judge also blocked  a similar attempt  on the part of  the Fiscal to identify  a similar certified true copy of  the service  record  of-  the defendant in the  Bureau of  Health.  Among the  papers in the record was a certified true copy of a certificate by one Mrs.  Florentina Decena de Torres.   Both records were being  identified as parts of public records when the court rejected the attempt to identify them,  on the  objection of counsel for defendant that as  defendant in the criminal action was being accused of falsification, the original document falsified must be produced.

It is to be noted that the defendant in the criminal case is not being accused of falsifying or forging a certificate, but of using a false certificate  under Article 175 of  the Revised Penal Code.  The pertinent parts of the information are as follows:
The "undersigned  City Attorney  ex-officio accuses  Dr.  Roberto Angudong  for Violation of Article 175, of the Revised Penal Code, committed  as follows;

"That on or about the months of July and August, 1947, in the City  of Bacolod, Philippines, and  within the jurisdiction of  this Hon. Court, the herein accused being then the temporary District Health Officer of Negros Occidental,  with official station in the  City of Bacolod, Philippines, fully knowing  that  he had  not  served as Puericulture Center  Physician of the Puericulture Center of Himamaylan  and Binalbagan,  Negros Occidental, from 1932-1939, did, then  and there, willfully, unlawfully  and feloniously  cause to be prepared and issued a Certificate to the effect that he had served as such Puericulture Center  Physician of Himamaylan and Binalbagan,  Negros  Occidental,  during the said years, from 1932-1939, when in fact and in truth he did not so serve as such Puericulturu Center  Physician of Himamaylan and  Binalbagan,  Negros Occidental,  and after having received such Certificate and full  conscious of its untruthfulness and falsity, he forthwith forwarded  the same to the  Commissioner of  Civil  Service, Manila,  in order to qualify for reinstatement and subsequent appointment as permanent District Health  Officer  of Negros  Occidental,  and he did  in fact qualify and was consequently appointed  as such permanent District Health Officer  of Negros Occidental, on October 22,  1948, effective July 1, 1947, on the basis of the aforementioned false certificate."   (See page 9 of the  Record on Appeal).
The false certificates used by defendant were evidently those  documents,  certified copies of which  were in the official records of the Bureau of Health and the Bureau of Civil Service.  But the offense  charged  is not the falsification of  the certificates but the use thereof, by which defendant  must have secured his appointment.

It must be noted that the Fiscal was only identifying the official records of service of the defendant preparatory to introducing them (the said records)  as evidence.   That said official records can be proved by certified copies, there can be no  question (section 41,  Rule 123 of  the Rules of Court).  The time for the presentation of the records had not yet come; presentation was to be made  after their identification.  For what  purpose  and to  what   end the ¦Fiscal would  introduce them as evidence was not yet stated or  disclosed;  Said  records  would at  least  prove  that defendant's  appointment  as District  Health Officer  of Negros Occidental was  in part occasioned by  or related to the certificates.  The objection of counsel for the  defendant was, therefore,  premature, especially as the Fiscal had not yet stated for  what  purpose he  would introduce the said records,  much  less because he had not stated  that he intended to  prove the  false certificates  by  said  records. So was the ruling of the respondent judge  sustaining the objection;  both were premature and beside the point.  In Employee's Welfare Assn. this connection,  attention is invited to  section 72  of Rule 123  of the Rules, which provides:
"The court  shall consider no  evidence  which  has not been formally offered.   The purpose for which the evidence is offerea must be specified."
And the time for objecting to evidence is when the same is offered.
"Time of the objection. 'Every  objection to the admissibility of evidence shall be made  at the time such evidence'is offered, or as soon thereafter as  the  objection to its admissibility shall have become apparent;  otherwise,  the objection  shall  be  treated  as waived.  '* * * ."   (3 Moran, Comments on the Rules of Court, 1952 ed., p. 555, citing the cases of Abrenica vs. Gonda, 34 Phil., 739 and Marsh  vs. Hand, 35 Md.  128)
As the official  records sought to  be identified were not yet being  presented, nor  the purpose thereof  disclosed, the objection thereto and the ruling sustaining the objection were both premature.

The writ is hereby granted, and  the orders complained of annulled,  and  the respondent judge ordered to  proceed in accordance herewith.  Costs  shall be  against  the defendant  Ruperto  Angudong  in  the  criminal  case.  So ordered.

Parás, C. J., Padilla,,  Montemayor, Reyes, A., Jugo, Bautista Angelo, Concepcion, Reyes,  J.  B. L., and Endencia, JJ., concur.

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