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Commercial Lists

Commercial Lists Evidence Rule 130 - Rules of Admissibility

Sec. 45. Commercial lists and the like.—Evidence of statements of matters of interest to persons engaged in an occupation contained in a list, register, periodical, or other published compilations admissible as tending to prove the truth of any relevant matter so stated if that compilation is published for use by persons engaged in that occupation and is generally used and relied upon by them therein.


NOTES:

Requisites for admissibility 

Under Section 45 of the aforesaid Rule, a document is a commercial list if: 

a) The commercial list is a statement of matters of interest to persons engaged in an occupation;

b) Such statement is contained in a list, register, periodical or other published compilation;

c) Said compilation is published for the use of persons engaged in that occupation; and

d) It is generally used and relied upon by persons in the same occupation. (PNOC Shipping and Transport Co. vs. CA, 297 SCRA 402).


Examples

NEDA reports
part of the newspaper which reports the prices of shares
Mortality tables like the Carlisle or Wigglesworth Tables
Accepted actuarial and annuity tables


CASE:

G.R. No. 107518. October 8, 1998
297 SCRA 402

Based on the above requisites, it is our considered view that Exhibits B, C, D, E, F and H are not “commercial lists” for these do not belong to the category of “other published compilations” under Section 45 aforequoted. Under the principle of ejusdem generis, “(w)here general words follow an enumeration of persons or things, by words of a particular and specific meaning, such general words are not to be construed in their widest extent, but are to be held as applying only to persons or things of the same kind or class as those specifically mentioned.” The exhibits mentioned are mere price quotations 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. These are not published in any list, register, periodical or other compilation on the relevant subject matter.  Neither are these “market reports or quotations” 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.

 

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