Topic: Commercial Lists (Rule 130, Section 45)
PNOC SHIPPING AND TRANSPORT CORPORATION VS. COURT OF APPEALS and MARIA EFIGENIA FISHING CORPORATION
[G.R. No. 107518. October 8, 1998]
Facts:
This is a civil case for damages arising from a sea collision incident when plaintiff's tanker hit respondent's fishing boat, causing the boat to sink.
The lower court and CA ruled in favor of respondent on the basis of documentary exhibits presented, mainly the price quotations. These price quotations were issued personally to Del Rosario who requested for them from dealers of equipment similar to the ones lost at the collision of the two vessels. However, these are not published in any list, register, periodical or other compilation nor containing data of everyday professional need and relied upon in the work of the occupation.T
Issue:
Are price quotations considered commercial list, thus can be admissible in evidence?
Held:
NO. Price quotations are not within the purview of commercial lists as these are not standard handbooks or periodicals, containing data of everyday professional need and relied upon in the work of the occupation.These are simply letters responding to the queries of Del Rosario.
The price quotations are ordinary private writings which under the Revised Rules of Court should have been proffered along with the testimony of the authors thereof. Del Rosario could not have testified on the veracity of the contents of the writings even though he was the seasoned owner of a fishing fleet because he was not the one who issued the price quotations.
A document is a commercial list if:
(1) it is a statement of matters of interest to persons engaged in an occupation;
(2) such statement is contained in a list, register, periodical or other published compilation; (3) said compilation is published for the use of persons engaged in that occupation, and
(4) it is generally used and relied upon by persons in the same occupation.
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