Evidence Digest: PEOPLE OF THE PHILIPPINES VS. RICARDO SAN GABRIEL (1996)

Topic: Official Records (Rule 130, Section 44)

PEOPLE OF THE PHILIPPINES VS. RICARDO SAN GABRIEL
[G.R. No. 107735. February 1, 1996]

Facts:
The accused was found guilty of murder arising from a stabbing incident. The prosecution witness positively identified the suspects, thus the conviction.

On appeal,the accused contends that entries in the Advance Information Sheet prepared by police officer, Pat. Steve Casimiro, did not mention him at all and named only Ramon Doe as the principal suspect. Such sheet however contains information acquired by said police officer only after his interview of Camba, an alleged eyewitness.

Issue: 
If the Advance Information Sheet constitutes an official information, hence, is admissible?

Held: 
NO. It could not be categorized as official information because in order to be classified as such, the persons who made the statements not only must have personal knowledge of the facts stated but must have the duty to give such statements for the record. In this case, the public officer who prepared the document had no sufficient and personal knowledge of the stabbing incident. Any information possessed by him was acquired from Camba, an alleged eyewitness, who was not legally so obliged to give such statements.

Entries in official records made in the performance of his duty by a public officer or by a person in the performance of a duty specially enjoined by law are prima facie evidence of the facts therein stated.

But to be admissible in evidence three (3) requisites must concur: 
(a) The entry was made by a police officer or by another person specially enjoined by law to do so; 
(b) It was made by the public officer in the performance of his duties or by such other person in the performance of a duty specially enjoined by law; and, 
(c) The public officer or other person had sufficient knowledge of the facts by him stated, which must have been acquired by him personally or through official information.