Atienza Case

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We disagree.

To begin with, it is well-settled that the rules of evidence are not strictly applied in proceedings before administrative bodies such
as the BOM.6 Although trial courts are enjoined to observe strict enforcement of the rules of evidence, 7 in connection with evidence
which may appear to be of doubtful relevancy, incompetency, or admissibility, we have held that:

[I]t is the safest policy to be liberal, not rejecting them on doubtful or technical grounds, but admitting them unless plainly
irrelevant, immaterial or incompetent, for the reason that their rejection places them beyond the consideration of the court, if they
are thereafter found relevant or competent; on the other hand, their admission, if they turn out later to be irrelevant or
incompetent, can easily be remedied by completely discarding them or ignoring them. 8

From the foregoing, we emphasize the distinction between the admissibility of evidence and the probative weight to be accorded
the same pieces of evidence. PNOC Shipping and Transport Corporation v. Court of Appeals 9 teaches:

Admissibility of evidence refers to the question of whether or not the circumstance (or evidence) is to be considered at all. On the
other hand, the probative value of evidence refers to the question of whether or not it proves an issue.

Second, petitioner's insistence that the admission of Editha's exhibits violated his substantive rights leading to the loss of his
medical license is misplaced. Petitioner mistakenly relies on Section 20, Article I of the Professional Regulation Commission Rules of
Procedure, which reads:

Section 20. Administrative investigation shall be conducted in accordance with these Rules. The Rules of Court shall only apply in
these proceedings by analogy or on a suppletory character and whenever practicable and convenient. Technical errors in the
admission of evidence which do not prejudice the substantive rights of either party shall not vitiate the proceedings. 10

As pointed out by the appellate court, the admission of the exhibits did not prejudice the substantive rights of petitioner because, at
any rate, the fact sought to be proved thereby, that the two kidneys of Editha were in their proper anatomical locations at the time
she was operated on, is presumed under Section 3, Rule 131 of the Rules of Court:

Sec. 3. Disputable presumptions. - The following presumptions are satisfactory if uncontradicted, but may be contradicted and
overcome by other evidence:

x x x x

(y) That things have happened according to the ordinary course of nature and the ordinary habits of life.

The exhibits are certified photocopies of X-ray Request Forms dated December 12, 1996, January 30, 1997, March 16, 1996, and
May 20, 1999, filed in connection with Editha's medical case. The documents contain handwritten entries interpreting the results of
the examination. These exhibits were actually attached as annexes to Dr. Pedro Lantin III's counter affidavit filed with the Office of
the City Prosecutor of Pasig City, which was investigating the criminal complaint for negligence filed by Editha against the doctors of
Rizal Medical Center (RMC) who handled her surgical procedure. To lay the predicate for her case, Editha offered the exhibits in
evidence to prove that her "kidneys were both in their proper anatomical locations at the time" of her operation.

The fact sought to be established by the admission of Editha's exhibits, that her "kidneys were both in their proper anatomical
locations at the time" of her operation, need not be proved as it is covered by mandatory judicial notice. 11

Unquestionably, the rules of evidence are merely the means for ascertaining the truth respecting a matter of fact. 12 Thus, they
likewise provide for some facts which are established and need not be proved, such as those covered by judicial notice, both
mandatory and discretionary.13 Laws of nature involving the physical sciences, specifically biology, 14 include the structural make-up
and composition of living things such as human beings. In this case, we may take judicial notice that Editha's kidneys before, and
at the time of, her operation, as with most human beings, were in their proper anatomical locations.

Third, contrary to the assertion of petitioner, the best evidence rule is inapplicable. Section 3 of Rule 130 provides:

1. Best Evidence Rule

Sec. 3. Original document must be produced; exceptions. - When the subject of inquiry is the contents of a document, no evidence
shall be admissible other than the original document itself, except in the following cases:

(a) When the original has been lost or destroyed, or cannot be produced in court, without bad faith on the part of the offeror;

(b) When the original is in the custody or under the control of the party against whom the evidence is offered, and the latter fails to
produce it after reasonable notice;

(c) When the original consists of numerous accounts or other documents which cannot be examined in court without great loss of
time and the fact sought to be established from them is only the general result of the whole; and
(d) When the original is a public record in the custody of a public officer or is recorded in a public office.

The subject of inquiry in this case is whether respondent doctors before the BOM are liable for gross negligence in removing the
right functioning kidney of Editha instead of the left non-functioning kidney, not the proper anatomical locations of Editha's kidneys.
As previously discussed, the proper anatomical locations of Editha's kidneys at the time of her operation at the RMC may be
established not only through the exhibits offered in evidence.

Finally, these exhibits do not constitute hearsay evidence of the anatomical locations of Editha's kidneys. To further drive home the
point, the anatomical positions, whether left or right, of Editha's kidneys, and the removal of one or both, may still be established
through a belated ultrasound or x-ray of her abdominal area.

In fact, the introduction of secondary evidence, such as copies of the exhibits, is allowed. 15 Witness Dr. Nancy Aquino testified that
the Records Office of RMC no longer had the originals of the exhibits "because [it] transferred from the previous building, x x x to
the new building."16 Ultimately, since the originals cannot be produced, the BOM properly admitted Editha's formal offer of evidence
and, thereafter, the BOM shall determine the probative value thereof when it decides the case.

WHEREFORE, the petition is DENIED. The Decision of the Court of Appeals in CA-G.R. SP No. 87755 is AFFIRMED.  Costs against
petitioner.

SO ORDERED.

Peralta, Del Castillo,*  Villarama, Jr.,** and  Mendoza, JJ., concur.

Endnotes:

 Additional
*
member in lieu of Associate Justice Antonio T. Carpio per Raffle dated August 2, 2010.

**
 Additional member in lieu of Associate Justice Roberto A. Abad per Raffle dated August 2, 2010.

 Penned by Presiding Justice Ruben T. Reyes (a retired member of this Court), with Associate Justices Juan Q. Enrique, Jr. and
1

Vicente S.E. Veloso, concurring; rollo, pp. 95-106.

 Dated
2
May 26, 2004 and October 8, 2004, respectively; id. at 408-411.

 Id.
3
at 95-99.

 Id.
4
at 677-678.

 Raymundo
5
v. Isagon Vda. de Suarez, G.R. No. 149017, November 28, 2008, 572 SCRA 384, 403-404.

 Bantolino
6
v. Coca-Cola Bottlers Phils., Inc., 451 Phil. 839, 845-846 (2003).

 Francisco,
7
EVIDENCE RULES 128-134 (3 rd ed. 1996), p. 9.

 Id.,
8
citing People v. Jaca, et al., 106 Phil. 572, 575 (1959).

 358
9
Phil. 38, 59 (1998).

10
 Rollo, p. 101.

11
 RULES OF COURT, Rule 129, Sec. 1.

SECTION 1. Judicial notice, when mandatory. - A court shall take judicial notice, without the introduction of evidence, of the
existence and territorial extent of states, their political history, forms of government and symbols of nationality, the law of nations,
the admiralty and maritime courts of the world and their seals, the political constitution and history of the Philippines, the official
acts of the legislative, executive and judicial departments of the Philippines, the laws of nature, the measure of time, and the
geographical divisions.

12
 RULES OF COURT, Rule 128, Sec. 1.

13
 RULES OF COURT, Rule 129, Sec. 2.

SEC. 2. Judicial notice, when discretionary. - A court may take judicial notice of matters which are of public knowledge, or are
capable of unquestionable demonstration, or ought to be known to judges because of their judicial functions.

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