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RULES OF EVIDENCE demonstration, or ought to be known to

judges because of their judicial functions. (1a)

Section 3. Judicial notice, when hearing


RULE 128 necessary. — During the trial, the court, on its
own initiative, or on request of a party, may
General Provisions announce its intention to take judicial notice
of any matter and allow the parties to be
Section 1. Evidence defined. — Evidence is heard thereon.
the means, sanctioned by these rules, of
ascertaining in a judicial proceeding the truth After the trial, and before judgment or on
respecting a matter of fact. (1) appeal, the proper court, on its own initiative
or on request of a party, may take judicial
Section 2. Scope. — The rules of evidence notice of any matter and allow the parties to
shall be the same in all courts and in all trials be heard thereon if such matter is decisive of
and hearings, except as otherwise provided a material issue in the case. (n)
by law or these rules. (2a)
Section 4. Judicial admissions. — An
Section 3. Admissibility of evidence. — admission, verbal or written, made by the
Evidence is admissible when it is relevant to party in the course of the proceedings in the
the issue and is not excluded by the law of same case, does not require proof. The
these rules. (3a) admission may be contradicted only by
showing that it was made through palpable
Section 4. Relevancy; collateral matters. — mistake or that no such admission was made.
Evidence must have such a relation to the (2a)
fact in issue as to induce belief in its
existence or non-existence. Evidence on
collateral matters shall not be allowed, except
when it tends in any reasonable degree to RULE 130
establish the probability or improbability of the
fact in issue. (4a) Rules of Admissibility

A. OBJECT (REAL) EVIDENCE

RULE 129 Section 1. Object as evidence. — Objects


as evidence are those addressed to the
What Need Not Be Proved senses of the court. When an object is
relevant to the fact in issue, it may be
Section 1. Judicial notice, when mandatory. exhibited to, examined or viewed by the
— A court shall take judicial notice, without court. (1a)
the introduction of evidence, of the existence
and territorial extent of states, their political B. DOCUMENTARY EVIDENCE
history, forms of government and symbols of
nationality, the law of nations, the admiralty Section 2. Documentary evidence. —
and maritime courts of the world and their Documents as evidence consist of writing or
seals, the political constitution and history of any material containing letters, words,
the Philippines, the official acts of legislative, numbers, figures, symbols or other modes of
executive and judicial departments of the written expression offered as proof of their
Philippines, the laws of nature, the measure contents. (n)
of time, and the geographical divisions. (1a)
1. Best Evidence Rule
Section 2. Judicial notice, when
discretionary. — A court may take judicial Section 3. Original document must be
notice of matters which are of public produced; exceptions. — When the subject of
knowledge, or are capable to unquestionable inquiry is the contents of a document, no
evidence shall be admissible other than unavailability without bad faith on his part,
the original document itself, except in the may prove its contents by
following cases:
a. a copy, or
(a) When the original has been lost or b. by a recital of its contents in some
destroyed, authentic document, or
 or cannot be produced in court, c. by the testimony of witnesses in the
 without bad faith on the part of the order stated. (4a)
offeror;
(b) When the original is in the custody or Section 6. When original document is in
under the control of the party against adverse party's custody or control. — If the
whom the evidence is offered, document is in the custody or under the
 and the latter fails to produce it after control of adverse party, he must have
reasonable notice; reasonable notice to produce it.

(c) When the original consists of If after such notice and after satisfactory proof
numerous accounts or other documents of its existence, he fails to produce the
which cannot be examined in court without document, secondary evidence may be
great loss of time and the fact sought to be presented as in the case of its loss. (5a)
established from them is only the general
result of the whole; and Section 7. Evidence admissible when original
document is a public record. — When the
(d) When the original is a public record in original of document is in the custody of
the custody of a public officer or is public officer or is recorded in a public
recorded in a public office. (2a) office, its contents may be proved by a
certified copy issued by the public officer in
Section 4. Original of document. — custody thereof. (2a)

(a) The original of the document is Section 8. Party who calls for document not
one the contents of which are the bound to offer it. — A party who calls for the
subject of inquiry. production of a document and inspects the
same is not obliged to offer it as evidence.
(b) When a document is in two or (6a)
more copies executed at or about the
same time, with identical contents, all 3. Parol Evidence Rule
such copies are equally regarded as
originals. Section 9. Evidence of written agreements.
— When the terms of an agreement have
(c) When an entry is repeated in the been reduced to writing, it is considered as
regular course of business, one containing all the terms agreed upon and
being copied from another at or near there can be, between the parties and their
the time of the transaction, all the successors in interest,
entries are likewise equally regarded
as originals. (3a) no evidence of such terms other than the
contents of the written agreement.
2. Secondary Evidence
However, a party may present evidence to
Section 5. When original document is modify, explain or add to the terms of written
unavailable. — When the original document agreement if he puts in issue in his
has been lost or destroyed, or cannot be pleading:
produced in court,
(a) An intrinsic ambiguity, mistake
the offeror, upon proof of its execution or or imperfection in the written
existence and the cause of its agreement;
(b) The failure of the written but evidence is admissible to show that they
agreement to express the true intent have a local, technical, or otherwise peculiar
and agreement of the parties thereto; signification,

(c) The validity of the written and were so used and understood in the
agreement; or particular instance, in which case the
agreement must be construed
(d) The existence of other terms accordingly. (12)
agreed to by the parties or their
successors in interest after the Section 15. Written words control printed. —
execution of the written agreement. When an instrument consists partly of written
words and partly of a printed form,
The term "agreement" includes wills. (7a)
and the two are inconsistent,
4. Interpretation Of Documents
the former controls the latter. (13)
Section 10. Interpretation of a writing
according to its legal meaning. — The Section 16. Experts and interpreters to be
language of a writing is to be interpreted used in explaining certain writings. — When
according to the legal meaning it bears in the
the place of its execution, unless the parties
intended otherwise. (8)  characters in which an instrument is
written are difficult to be deciphered,
Section 11. Instrument construed so as to or
give effect to all provisions. — In the  the language is not understood by
construction of an instrument, where there the court,
are several provisions or particulars, such a o the evidence of persons
construction is, if possible, to be adopted as skilled in deciphering the
will give effect to all. (9) characters,
o or who understand the
Section 12. Interpretation according to language,
intention; general and particular provisions. o is admissible to declare the
— In the construction of an instrument, the characters or the meaning of
intention of the parties is to be pursued; the language. (14)
and when a general and a particular provision
are inconsistent, the latter is paramount to Section 17. Of Two constructions, which
the former. So a particular intent will preferred. — When the terms of an
control a general one that is inconsistent agreement have been intended in a different
with it. (10) sense by the different parties to it,

Section 13. Interpretation according to  that sense is to prevail against either


circumstances. — For the proper construction party in which he supposed the other
of an instrument, the circumstances under understood it,
which it was made, including the situation
of the subject thereof and of the parties to it, and when different constructions of a
may be shown, so that the judge may be provision are otherwise equally proper,
placed in the position of those who language
he is to interpret. (11)  that is to be taken which is the most
favorable to the party in whose favor
Section 14. Peculiar signification of terms. — the provision was made. (15)
The terms of a writing are presumed to have
been used in their primary and general Section 18. Construction in favor of natural
acceptation, right. — When an instrument is equally
susceptible of two interpretations,
 one in favor of natural right and the Section 23. Disqualification by reason of
other against it, the former is to be death or insanity of adverse party. — Parties
adopted. (16) or assignor of parties to a case, or
persons in whose behalf a case is
Section 19. Interpretation according to prosecuted,
usage. — An instrument may be construed
according to usage, in order to determine its against an executor or administrator or other
true character. (17) representative of a deceased person, or
against a person of unsound mind,
C. TESTIMONIAL EVIDENCE
upon a claim or demand against the estate of
1. Qualification of Witnesses such deceased person or against such
person of unsound mind,
Section 20. Witnesses; their qualifications. —
Except as provided in the next succeeding cannot testify as to any matter of fact
section, occurring before the death of such deceased
person or before such person became of
all persons who can perceive, and unsound mind. (20a)
perceiving, can make their known
perception to others, may be witnesses. Section 24. Disqualification by reason of
privileged communication. — The following
Religious or political belief, interest in the persons cannot testify as to matters
outcome of the case, or conviction of a learned in confidence in the following
crime unless otherwise provided by law, shall cases:
not be ground for disqualification. (18a)
1) The husband or the wife, during or
Section 21. Disqualification by reason of after the marriage, cannot be examined
mental incapacity or immaturity. — The without the consent of the other as to any
following persons cannot be witnesses: communication received in confidence
by one from the other during the
(a) Those whose mental condition, at marriage
the time of their production for  except in a civil case by one
examination, is such that they are against the other, or in a
incapable of intelligently making known criminal case for a crime
their perception to others; committed by one against the
other or the latter's direct
(b) Children whose mental maturity descendants or ascendants;
is such as to render them incapable of 2) An attorney cannot, without the consent
perceiving the facts respecting which of his client, be examined as to any
they are examined and of relating communication
them truthfully. (19a)  made by the client to him, or his
advice given thereon in the
Section 22. Disqualification by reason of course of, or with a view to,
marriage. — During their marriage, neither professional employment,
the husband nor the wife may testify for or
against the other without the consent of the nor can an attorney's secretary,
affected spouse, stenographer, or clerk be
examined, without the consent of
 except in a civil case by one against the client and his employer,
the other, concerning any fact the
 or in a criminal case for a crime knowledge of which has been
committed by one against the other or acquired in such capacity;
the latter's direct descendants or
ascendants. (20a) 3) A person authorized to practice
medicine, surgery or obstetrics cannot
in a civil case, without the consent of the  In criminal cases,
patient,
except those involving quasi-offenses
 be examined as to any advice (criminal negligence) or those allowed by law
or treatment given by him to be compromised,
 or any information which he
may have acquired in attending an offer of compromise by the accused may
such patient in a professional be received in evidence as an implied
capacity, admission of guilt.

which information was  A plea of guilty later withdrawn, or


necessary to enable him to act in  an unaccepted offer of a plea of guilty
capacity, and which would to lesser offense,
blacken the reputation of the  is not admissible in evidence against the
patient; accused who made the plea or offer.

4) A minister or priest cannot, without the An offer to pay or the payment of medical,
consent of the person making the hospital or other expenses occasioned by
confession, an injury is not admissible in evidence as
 be examined as to any confession proof of civil or criminal liability for the injury.
made to (24a)
 or any advice given by him in his
professional character in the Section 28. Admission by third party. — The
course of discipline enjoined by the rights of a party cannot be prejudiced by
church to which the minister or an act, declaration, or omission of
priest belongs; another, except as hereinafter provided.
(25a)
(e) A public officer cannot be
examined during his term of office or Section 29. Admission by co-partner or
afterwards, as to communications agent. — The act or declaration of a
made to him in official confidence, partner or agent of the party within the
when the court finds that the public scope of his authority and during the
interest would suffer by the existence of the partnership or agency,
disclosure. (21a) may be given in evidence against such party
after the partnership or agency is shown by
2. Testimonial Privilege evidence other than such act or declaration.

Section 25. Parental and filial privilege. —  The same rule applies to the act or
No person may be compelled to testify declaration of a joint owner, joint
against his parents, other direct ascendants, debtor, or other person jointly
children or other direct descendants. (20a) interested with the party. (26a)

3. Admissions and Confessions Section 30. Admission by conspirator. —


The act or declaration of a conspirator
Section 26. Admission of a party. — The act, relating to the conspiracy and during its
declaration or omission of a party as to a existence, may be given in evidence
relevant fact may be given in evidence against the co-conspirator after the
against him. (22) conspiracy is shown by evidence other than
such act of declaration. (27)
Section 27. Offer of compromise not
admissible. In civil cases, an offer of Section 31. Admission by privies. — Where
compromise is not an admission of any one derives title to property from another,
liability, and is not admissible in evidence
against the offeror.
the act, declaration, or omission of the latter, witness can testify only to those facts
while holding the title, in relation to the which he knows of his personal
property, knowledge;

is evidence against the former. (28) that is, which are derived from his own
perception,
Section 32. Admission by silence. — An act
or declaration made in the presence and except as otherwise provided in these rules.
within the hearing or observation of a (30a)
party
6. Exceptions To The Hearsay Rule
who does or says nothing when the act or
declaration is such as naturally to call for Section 37. Dying declaration. — The
action or comment if not true, and when declaration of a dying person,
proper and possible for him to do so,
 made under the consciousness of an
may be given in evidence against him. (23a) impending death,
 may be received in any case wherein
Section 33. Confession. — The declaration his death is the subject of inquiry,
of an accused acknowledging his guilt of  as evidence of the cause and surrounding
the offense charged, or of any offense circumstances of such death. (31a)
necessarily included therein, may be given in
evidence against him. (29a) Section 38. Declaration against interest. —
The declaration made by a person deceased,
4. Previous Conduct as Evidence or unable to testify, against the interest of the
declarant,
Section 34. Similar acts as evidence. —
Evidence that one did or did not do a if the fact is asserted in the declaration
certain thing at one time was at the time it was made so far
contrary to declarant's own interest,
is not admissible to prove that he did or did
not do the same or similar thing at another that a reasonable man in his position would
time; not have made the declaration

but it may be received to prove a specific unless he believed it to be true,


intent or knowledge; identity, plan,
system, scheme, habit, custom or usage, may be received in evidence against himself
and the like. (48a) or his successors in interest and against third
persons. (32a)
Section 35. Unaccepted offer. — An
Section 39. Act or declaration about
 offer in writing to pay a particular sum pedigree. — The act or declaration of a
of money person deceased, or unable to testify, in
 or to deliver a written instrument or respect to the pedigree of another person
specific personal property is, related to him by birth or marriage,

if rejected without valid cause, a) may be received in evidence where it


occurred before the controversy,
equivalent to the actual production and tender
of the money, instrument, or property. (49a) b) and the relationship between the two
persons is shown by evidence other
5. Testimonial Knowledge than such act or declaration.

Section 36. Testimony generally confined to The word "pedigree" includes relationship,
personal knowledge; hearsay excluded. — A family genealogy, birth, marriage, death, the
dates when and the places where these fast Section 44. Entries in official records. —
occurred, and the names of the relatives. It Entries in official records made in the
embraces also facts of family history performance of his duty by a public officer of
intimately connected with pedigree. (33a) the Philippines, or by a person in the
performance of a duty specially enjoined by
Section 40. Family reputation or tradition law, are prima facie evidence of the facts
regarding pedigree. — The reputation or therein stated. (38)
tradition existing in a family previous to
the controversy, in respect to the pedigree Section 45. Commercial lists and the like. —
of any one of its members, Evidence of statements of matters of interest
to persons engaged in an occupation
may be received in evidence if the witness contained in a list, register, periodical, or
testifying thereon be also a member of the other published compilation is admissible as
family, either by consanguinity or affinity. tending to prove the truth of any relevant
matter so stated if that compilation is
Entries in family bibles or other family books published for use by persons engaged in
or charts, engravings on rings, family portraits that occupation and is generally used and
and the like, may be received as evidence of relied upon by them therein. (39)
pedigree. (34a)
Section 46. Learned treatises. — A
Section 41. Common reputation. — published treatise, periodical or pamphlet on
Common reputation existing previous to a subject of history, law, science, or art is
the controversy, respecting facts of public or admissible as tending to prove the truth of a
general interest more than thirty years old, or matter stated therein if the court takes judicial
respecting marriage or moral character, may notice, or a witness expert in the subject
be given in evidence. testifies, that the writer of the statement in the
treatise, periodical or pamphlet is recognized
Monuments and inscriptions in public in his profession or calling as expert in the
places may be received as evidence of subject. (40a)
common reputation. (35)
Section 47. Testimony or deposition at a
Section 42. Part of res gestae. — former proceeding. — The testimony or
Statements made by a person while a starting deposition of a witness deceased or unable to
occurrence is taking place or immediately testify, given in a former case or proceeding,
prior or subsequent thereto with respect to judicial or administrative, involving the same
the circumstances thereof, may be given in parties and subject matter, may be given in
evidence as part of res gestae. So, also, evidence against the adverse party who
statements accompanying an equivocal act had the opportunity to cross-examine him.
material to the issue, and giving it a legal (41a)
significance, may be received as part of
the res gestae. (36a) 7. Opinion Rule

Section 43. Entries in the course of business. Section 48. General rule. — The opinion of
— Entries made at, or near the time of witness is not admissible, except as
transactions to which they refer, by a person indicated in the following sections. (42)
deceased, or unable to testify, who was in a
position to know the facts therein stated, may Section 49. Opinion of expert witness. —
be received as prima facie evidence, The opinion of a witness on a matter requiring
special knowledge, skill, experience or
 if such person made the entries in his training which he shown to posses, may be
professional capacity received in evidence. (43a)
 or in the performance of duty and in the
ordinary Section 50. Opinion of ordinary witnesses. —
 or regular course of business or duty. The opinion of a witness for which proper
(37a)
basis is given, may be received in evidence
regarding —
RULE 131
(a) the identity of a person about
whom he has adequate knowledge; Burden of Proof and Presumptions

(b) A handwriting with which he has Section 1. Burden of proof. — Burden of


sufficient familiarity; and proof is the duty of a party to present
evidence on the facts in issue necessary to
(c) The mental sanity of a person establish his claim or defense by the amount
with whom he is sufficiently of evidence required by law. (1a, 2a)
acquainted.
Section 2. Conclusive presumptions. — The
The witness may also testify on his following are instances of conclusive
impressions of the emotion, behavior, presumptions:
condition or appearance of a person. (44a)
(a) Whenever a party has, by his own
8. Character Evidence declaration, act, or omission,
intentionally and deliberately led to
Section 51. Character evidence not generally another to believe a particular thing
admissible; exceptions: — true, and to act upon such belief, he
cannot, in any litigation arising out of
(a) In Criminal Cases: such declaration, act or omission, be
permitted to falsify it:
(1) The accused may prove
his good moral character (b) The tenant is not permitted to deny
which is pertinent to the moral the title of his landlord at the time of
trait involved in the offense commencement of the relation of
charged. landlord and tenant between them.
(3a)
(2) Unless in rebuttal, the
prosecution may not prove Section 3. Disputable presumptions. — The
his bad moral character following presumptions are satisfactory if
which is pertinent to the uncontradicted, but may be contradicted and
moral trait involved in the overcome by other evidence:
offense charged.
(a) That a person is innocent of crime
(3) The good or bad moral or wrong;
character of the offended
party may be proved if it tends (b) That an unlawful act was done with
to establish in any reasonable an unlawful intent;
degree the probability or
improbability of the offense (c) That a person intends the ordinary
charged. consequences of his voluntary act;

(b) In Civil Cases: (d) That a person takes ordinary care


of his concerns;
Evidence of the moral character of a
party in civil case is admissible only (e) That evidence willfully suppressed
when pertinent to the issue of would be adverse if produced;
character involved in the case.
(f) That money paid by one to another
(c) In the case provided for in Rule was due to the latter;
132, Section 14, (46a, 47a)
(g) That a thing delivered by one to (s) That a negotiable instrument was
another belonged to the latter; given or indorsed for a sufficient
consideration;
(h) That an obligation delivered up to
the debtor has been paid; (t) That an endorsement of negotiable
instrument was made before the
(i) That prior rents or installments had instrument was overdue and at the
been paid when a receipt for the later place where the instrument is dated;
one is produced;
(u) That a writing is truly dated;
(j) That a person found in possession
of a thing taken in the doing of a recent (v) That a letter duly directed and
wrongful act is the taker and the doer mailed was received in the regular
of the whole act; otherwise, that things course of the mail;
which a person possess, or exercises
acts of ownership over, are owned by (w) That after an absence of seven
him; years, it being unknown whether or not
the absentee still lives, he is
(k) That a person in possession of an considered dead for all purposes,
order on himself for the payment of the except for those of succession.
money, or the delivery of anything, has
paid the money or delivered the thing The absentee shall not be considered dead
accordingly; for the purpose of opening his succession till
after an absence of ten years. If he
(l) That a person acting in a public disappeared after the age of seventy-five
office was regularly appointed or years, an absence of five years shall be
elected to it; sufficient in order that his succession may be
opened.
(m) That official duty has been
regularly performed; The following shall be considered dead for all
purposes including the division of the estate
(n) That a court, or judge acting as among the heirs:
such, whether in the Philippines or
elsewhere, was acting in the lawful (1) A person on board a vessel
exercise of jurisdiction; lost during a sea voyage, or an
aircraft with is missing, who has
(o) That all the matters within an issue not been heard of for four years
raised in a case were laid before the since the loss of the vessel or
court and passed upon by it; and in aircraft;
like manner that all matters within an
issue raised in a dispute submitted for (2) A member of the armed
arbitration were laid before the forces who has taken part in
arbitrators and passed upon by them; armed hostilities, and has been
missing for four years;
(p) That private transactions have
been fair and regular; (3) A person who has been in
danger of death under other
(q) That the ordinary course of circumstances and whose
business has been followed; existence has not been known
for four years;
(r) That there was a sufficient
consideration for a contract; (4) If a married person has been
absent for four consecutive
years, the spouse present may
contract a subsequent marriage
if he or she has well-founded including joint deposits of money and
belief that the absent spouse is evidences of credit are equal.
already death. In case of
disappearance, where there is a (dd) That if the marriage is terminated
danger of death the and the mother contracted another
circumstances hereinabove marriage within three hundred days
provided, an absence of only after such termination of the former
two years shall be sufficient for marriage, these rules shall govern in
the purpose of contracting a the absence of proof to the contrary:
subsequent marriage. However,
in any case, before marrying (1) A child born before one
again, the spouse present must hundred eighty days after the
institute a summary solemnization of the
proceedings as provided in the subsequent marriage is
Family Code and in the rules for considered to have been
declaration of presumptive conceived during such
death of the absentee, without marriage, even though it be
prejudice to the effect of born within the three hundred
reappearance of the absent days after the termination of the
spouse. former marriage.

(x) That acquiescence resulted from a (2) A child born after one
belief that the thing acquiesced in was hundred eighty days following
conformable to the law or fact; the celebration of the
subsequent marriage is
(y) That things have happened considered to have been
according to the ordinary course of conceived during such
nature and ordinary nature habits of marriage, even though it be
life; born within the three hundred
days after the termination of the
(z) That persons acting as copartners former marriage.
have entered into a contract of
copartneship; (ee) That a thing once proved to exist
continues as long as is usual with
(aa) That a man and woman deporting things of the nature;
themselves as husband and wife have
entered into a lawful contract of (ff) That the law has been obeyed;
marriage;
(gg) That a printed or published book,
(bb) That property acquired by a man purporting to be printed or published
and a woman who are capacitated to by public authority, was so printed or
marry each other and who live published;
exclusively with each other as
husband and wife without the benefit (hh) That a printed or published book,
of marriage or under void marriage, purporting contain reports of cases
has been obtained by their joint efforts, adjudged in tribunals of the country
work or industry. where the book is published, contains
correct reports of such cases;
(cc) That in cases of cohabitation by a
man and a woman who are not (ii) That a trustee or other person
capacitated to marry each other and whose duty it was to convey real
who have acquire properly through property to a particular person has
their actual joint contribution of money, actually conveyed it to him when such
property or industry, such contributions presumption is necessary to perfect
and their corresponding shares
the title of such person or his
successor in interest;
RULE 132
(jj) That except for purposes of
succession, when two persons perish Presentation of Evidence
in the same calamity, such as wreck,
battle, or conflagration, and it is not A. EXAMINATION OF WITNESSES
shown who died first, and there are no
particular circumstances from which it Section 1. Examination to be done in open
can be inferred, the survivorship is court. — The examination of witnesses
determined from the probabilities presented in a trial or hearing shall be done in
resulting from the strength and the age open court, and under oath or affirmation.
of the sexes, according to the following Unless the witness is incapacitated to speak,
rules: or the questions calls for a different mode of
answer, the answers of the witness shall be
1. If both were under the age of given orally. (1a)
fifteen years, the older is
deemed to have survived; Section 2. Proceedings to be recorded. —
The entire proceedings of a trial or hearing,
2. If both were above the age including the questions propounded to a
sixty, the younger is deemed to witness and his answers thereto, the
have survived; statements made by the judge or any of the
parties, counsel, or witnesses with reference
3. If one is under fifteen and the to the case, shall be recorded by means of
other above sixty, the former is shorthand or stenotype or by other means of
deemed to have survived; recording found suitable by the court.

4. If both be over fifteen and A transcript of the record of the proceedings


under sixty, and the sex be made by the official stenographer, stenotypist
different, the male is deemed to or recorder and certified as correct by him
have survived, if the sex be the shall be deemed prima facie a correct
same, the older; statement of such proceedings. (2a)

5. If one be under fifteen or over Section 3. Rights and obligations of a


sixty, and the other between witness. — A witness must answer questions,
those ages, the latter is deemed although his answer may tend to establish a
to have survived. claim against him. However, it is the right of a
witness:
(kk) That if there is a doubt, as
between two or more persons who are (1) To be protected from irrelevant,
called to succeed each other, as to improper, or insulting questions, and
which of them died first, whoever from harsh or insulting demeanor;
alleges the death of one prior to the
other, shall prove the same; in the (2) Not to be detained longer than the
absence of proof, they shall be interests of justice require;
considered to have died at the same
time. (5a) (3) Not to be examined except only as
to matters pertinent to the issue;
Section 4. No presumption of legitimacy or
illegitimacy. — There is no presumption of (4) Not to give an answer which will
legitimacy of a child born after three hundred tend to subject him to a penalty for an
days following the dissolution of the marriage offense unless otherwise provided by
or the separation of the spouses. Whoever law; or
alleges the legitimacy or illegitimacy of such
child must prove his allegation. (6)
(5) Not to give an answer which will examination, and also on such other matters
tend to degrade his reputation, unless as may be allowed by the court in its
it to be the very fact at issue or to a discretion. (13)
fact from which the fact in issue would
be presumed. But a witness must Section 9. Recalling witness. — After the
answer to the fact of his previous final examination of a witness by both sides has
conviction for an offense. (3a, 19a) been concluded, the witness cannot be
recalled without leave of the court. The court
Section 4. Order in the examination of an will grant or withhold leave in its discretion, as
individual witness. — The order in which the the interests of justice may require. (14)
individual witness may be examined is as
follows; Section 10. Leading and misleading
questions. — A question which suggests to
(a) Direct examination by the the witness the answer which the examining
proponent; party desires is a leading question. It is not
allowed, except:
(b) Cross-examination by the
opponent; (a) On cross examination;

(c) Re-direct examination by the (b) On preliminary matters;


proponent;
(c) When there is a difficulty is getting
(d) Re-cross-examination by the direct and intelligible answers from a
opponent. (4) witness who is ignorant, or a child of
tender years, or is of feeble mind, or a
Section 5. Direct examination. — Direct deaf-mute;
examination is the examination-in-chief of a
witness by the party presenting him on the (d) Of an unwilling or hostile witness;
facts relevant to the issue. (5a) or

Section 6. Cross-examination; its purpose (e) Of a witness who is an adverse


and extent. — Upon the termination of the party or an officer, director, or
direct examination, the witness may be cross- managing agent of a public or private
examined by the adverse party as to many corporation or of a partnership or
matters stated in the direct examination, or association which is an adverse party.
connected therewith, with sufficient fullness
and freedom to test his accuracy and A misleading question is one which assumes
truthfulness and freedom from interest or as true a fact not yet testified to by the
bias, or the reverse, and to elicit all important witness, or contrary to that which he has
facts bearing upon the issue. (8a) previously stated. It is not allowed. (5a, 6a,
and 8a)
Section 7. Re-direct examination; its purpose
and extent. — After the cross-examination of Section 11. Impeachment of adverse party's
the witness has been concluded, he may be witness. — A witness may be impeached by
re-examined by the party calling him, to the party against whom he was called, by
explain or supplement his answers given contradictory evidence, by evidence that his
during the cross-examination. On re-direct- general reputation for truth, honestly, or
examination, questions on matters not dealt integrity is bad, or by evidence that he has
with during the cross-examination, may be made at other times statements inconsistent
allowed by the court in its discretion. (12) with his present, testimony, but not by
evidence of particular wrongful acts, except
Section 8. Re-cross-examination. — Upon that it may be shown by the examination of
the conclusion of the re-direct examination, the witness, or the record of the judgment,
the adverse party may re-cross-examine the that he has been convicted of an offense.
witness on matters stated in his re-direct (15)
Section 12. Party may not impeach his own to refresh his memory respecting a fact, by
witness. — Except with respect to witnesses anything written or recorded by himself or
referred to in paragraphs (d) and (e) of under his direction at the time when the fact
Section 10, the party producing a witness is occurred, or immediately thereafter, or at any
not allowed to impeach his credibility. other time when the fact was fresh in his
memory and knew that the same was
A witness may be considered as unwilling or correctly written or recorded; but in such case
hostile only if so declared by the court upon the writing or record must be produced and
adequate showing of his adverse interest, may be inspected by the adverse party, who
unjustified reluctance to testify, or his having may, if he chooses, cross examine the
misled the party into calling him to the witness upon it, and may read it in evidence.
witness stand. So, also, a witness may testify from such
writing or record, though he retain no
The unwilling or hostile witness so declared, recollection of the particular facts, if he is able
or the witness who is an adverse party, may to swear that the writing or record correctly
be impeached by the party presenting him in stated the transaction when made; but such
all respects as if he had been called by the evidence must be received with caution.
adverse party, except by evidence of his bad (10a)
character. He may also be impeached and
cross-examined by the adverse party, but Section 17. When part of transaction, writing
such cross-examination must only be on the or record given in evidence, the remainder,
subject matter of his examination-in-chief. the remainder admissible. — When part of an
(6a, 7a) act, declaration, conversation, writing or
record is given in evidence by one party, the
Section 13. How witness impeached by whole of the same subject may be inquired
evidence of inconsistent statements. — into by the other, and when a detached act,
Before a witness can be impeached by declaration, conversation, writing or record is
evidence that he has made at other times given in evidence, any other act, declaration,
statements inconsistent with his present conversation, writing or record necessary to
testimony, the statements must be related to its understanding may also be given in
him, with the circumstances of the times and evidence. (11a)
places and the persons present, and he must
be asked whether he made such statements, Section 18. Right to respect writing shown to
and if so, allowed to explain them. If the witness. — Whenever a writing is shown to a
statements be in writing they must be shown witness, it may be inspected by the adverse
to the witness before any question is put to party. (9a)
him concerning them. (16)
B. AUTHENTICATION AND PROOF OF
Section 14. Evidence of good character of DOCUMENTS
witness. — Evidence of the good character of
a witness is not admissible until such Section 19. Classes of Documents. — For
character has been impeached. (17) the purpose of their presentation evidence,
documents are either public or private.
Section 15. Exclusion and separation of
witnesses. — On any trial or hearing, the Public documents are:
judge may exclude from the court any witness
not at the time under examination, so that he (a) The written official acts, or records
may not hear the testimony of other of the official acts of the sovereign
witnesses. The judge may also cause authority, official bodies and tribunals,
witnesses to be kept separate and to be and public officers, whether of the
prevented from conversing with one another Philippines, or of a foreign country;
until all shall have been examined. (18)
(b) Documents acknowledge before a
Section 16. When witness may refer to notary public except last wills and
memorandum. — A witness may be allowed testaments; and
(c) Public records, kept in the against a third person, of the fact which gave
Philippines, of private documents rise to their execution and of the date of the
required by law to the entered therein. latter. (24a)

All other writings are private. (20a) Section 24. Proof of official record. — The
record of public documents referred to in
Section 20. Proof of private document. — paragraph (a) of Section 19, when admissible
Before any private document offered as for any purpose, may be evidenced by an
authentic is received in evidence, its due official publication thereof or by a copy
execution and authenticity must be proved attested by the officer having the legal
either: custody of the record, or by his deputy, and
accompanied, if the record is not kept in the
(a) By anyone who saw the document Philippines, with a certificate that such officer
executed or written; or has the custody. If the office in which the
record is kept is in foreign country, the
(b) By evidence of the genuineness of certificate may be made by a secretary of the
the signature or handwriting of the embassy or legation, consul general, consul,
maker. vice consul, or consular agent or by any
officer in the foreign service of the Philippines
Any other private document need only be stationed in the foreign country in which the
identified as that which it is claimed to be. record is kept, and authenticated by the seal
(21a) of his office. (25a)

Section 21. When evidence of authenticity of Section 25. What attestation of copy must
private document not necessary. — Where a state. — Whenever a copy of a document or
private document is more than thirty years record is attested for the purpose of
old, is produced from the custody in which it evidence, the attestation must state, in
would naturally be found if genuine, and is substance, that the copy is a correct copy of
unblemished by any alterations or the original, or a specific part thereof, as the
circumstances of suspicion, no other case may be. The attestation must be under
evidence of its authenticity need be given. the official seal of the attesting officer, if there
(22a) be any, or if he be the clerk of a court having
a seal, under the seal of such court. (26a)
Section 22. How genuineness of handwriting
proved. — The handwriting of a person may Section 26. Irremovability of public record. —
be proved by any witness who believes it to Any public record, an official copy of which is
be the handwriting of such person because admissible in evidence, must not be removed
he has seen the person write, or has seen from the office in which it is kept, except upon
writing purporting to be his upon which the order of a court where the inspection of the
witness has acted or been charged, and has record is essential to the just determination of
thus acquired knowledge of the handwriting a pending case. (27a)
of such person. Evidence respecting the
handwriting may also be given by a Section 27. Public record of a private
comparison, made by the witness or the document. — An authorized public record of
court, with writings admitted or treated as a private document may be proved by the
genuine by the party against whom the original record, or by a copy thereof, attested
evidence is offered, or proved to be genuine by the legal custodian of the record, with an
to the satisfaction of the judge. (23a) appropriate certificate that such officer has
the custody. (28a)
Section 23. Public documents as
evidence. — Documents consisting of entries Section 28. Proof of lack of record. — A
in public records made in the performance of written statement signed by an officer having
a duty by a public officer are prima the custody of an official record or by his
facie evidence of the facts therein stated. All deputy that after diligent search no record or
other public documents are evidence, even entry of a specified tenor is found to exist in
the records of his office, accompanied by a the evidence is offered must be specified.
certificate as above provided, is admissible (35)
as evidence that the records of his office
contain no such record or entry. (29) Section 35. When to make offer. — As
regards the testimony of a witness, the offer
Section 29. How judicial record must be made at the time the witness is
impeached. — Any judicial record may be called to testify.
impeached by evidence of: (a) want of
jurisdiction in the court or judicial officer, (b) Documentary and object evidence shall be
collusion between the parties, or (c) fraud in offered after the presentation of a party's
the party offering the record, in respect to the testimonial evidence. Such offer shall be
proceedings. (30a) done orally unless allowed by the court to be
done in writing. (n)
Section 30. Proof of notarial documents. —
Every instrument duly acknowledged or Section 36. Objection. — Objection to
proved and certified as provided by law, may evidence offered orally must be made
be presented in evidence without further immediately after the offer is made.
proof, the certificate of acknowledgment
being prima facie evidence of the execution Objection to a question propounded in the
of the instrument or document involved. (31a) course of the oral examination of a witness
shall be made as soon as the grounds
Section 31. Alteration in document, how to therefor shall become reasonably apparent.
explain. — The party producing a document
as genuine which has been altered and An offer of evidence in writing shall be
appears to have been altered after its objected to within three (3) days after notice
execution, in a part material to the question in of the unless a different period is allowed by
dispute, must account for the alteration. He the court.
may show that the alteration was made by
another, without his concurrence, or was In any case, the grounds for the objections
made with the consent of the parties affected must be specified. (36a)
by it, or was otherwise properly or innocent
made, or that the alteration did not change Section 37. When repetition of objection
the meaning or language of the instrument. If unnecessary. — When it becomes
he fails to do that, the document shall not be reasonably apparent in the course of the
admissible in evidence. (32a) examination of a witness that the question
being propounded are of the same class as
Section 32. Seal. — There shall be no those to which objection has been made,
difference between sealed and unsealed whether such objection was sustained or
private documents insofar as their overruled, it shall not be necessary to repeat
admissibility as evidence is concerned. (33a) the objection, it being sufficient for the
adverse party to record his continuing
Section 33. Documentary evidence in an objection to such class of questions. (37a)
unofficial language. — Documents written in
an unofficial language shall not be admitted Section 38. Ruling. — The ruling of the court
as evidence, unless accompanied with a must be given immediately after the objection
translation into English or Filipino. To avoid is made, unless the court desires to take a
interruption of proceedings, parties or their reasonable time to inform itself on the
attorneys are directed to have such question presented; but the ruling shall
translation prepared before trial. (34a) always be made during the trial and at such
time as will give the party against whom it is
C. OFFER AND OBJECTION made an opportunity to meet the situation
presented by the ruling.
Section 34. Offer of evidence. — The court
shall consider no evidence which has not The reason for sustaining or overruling an
been formally offered. The purpose for which objection need not be stated. However, if the
objection is based on two or more grounds, a Section 2. Proof beyond reasonable
ruling sustaining the objection on one or doubt. — In a criminal case, the accused is
some of them must specify the ground or entitled to an acquittal, unless his guilt is
grounds relied upon. (38a) shown beyond reasonable doubt. Proof
beyond reasonable doubt does not mean
Section 39. Striking out answer. — Should a such a degree of proof, excluding possibility
witness answer the question before the of error, produces absolute certainly. Moral
adverse party had the opportunity to voice certainly only is required, or that degree of
fully its objection to the same, and such proof which produces conviction in an
objection is found to be meritorious, the court unprejudiced mind. (2a)
shall sustain the objection and order the
answer given to be stricken off the record. Section 3. Extrajudicial confession, not
sufficient ground for conviction. — An
On proper motion, the court may also order extrajudicial confession made by an accused,
the striking out of answers which are shall not be sufficient ground for conviction,
incompetent, irrelevant, or otherwise unless corroborated by evidence of corpus
improper. (n) delicti. (3)

Section 40. Tender of excluded evidence. — Section 4. Circumstantial evidence, when


If documents or things offered in evidence sufficient. — Circumstantial evidence is
are excluded by the court, the offeror may sufficient for conviction if:
have the same attached to or made part of
the record. If the evidence excluded is oral, (a) There is more than one
the offeror may state for the record the name circumstances;
and other personal circumstances of the
witness and the substance of the proposed (b) The facts from which the inferences
testimony. (n) are derived are proven; and

(c) The combination of all the


circumstances is such as to produce a
RULE 133 conviction beyond reasonable doubt.
(5)
Weight and Sufficiency of Evidence
Section 5. Substantial evidence. — In cases
Section 1. Preponderance of evidence, how filed before administrative or quasi-judicial
determined. — In civil cases, the party having bodies, a fact may be deemed established if it
burden of proof must establish his case by a is supported by substantial evidence, or that
preponderance of evidence. In determining amount of relevant evidence which a
where the preponderance or superior weight reasonable mind might accept as adequate to
of evidence on the issues involved lies, the justify a conclusion. (n)
court may consider all the facts and
circumstances of the case, the witnesses' Section 6. Power of the court to stop further
manner of testifying, their intelligence, their evidence. — The court may stop the
means and opportunity of knowing the facts introduction of further testimony upon any
to which there are testifying, the nature of the particular point when the evidence upon it is
facts to which they testify, the probability or already so full that more witnesses to the
improbability of their testimony, their interest same point cannot be reasonably expected to
or want of interest, and also their personal be additionally persuasive. But this power
credibility so far as the same may legitimately should be exercised with caution. (6)
appear upon the trial. The court may also
consider the number of witnesses, though the Section 7. Evidence on motion. — When a
preponderance is not necessarily with the motion is based on facts not appearing of
greater number. (1a) record the court may hear the matter on
affidavits or depositions presented by the
respective parties, but the court may direct
that the matter be heard wholly or partly on be taken and specifying the subject matter of
oral testimony or depositions. (7) the examination, and whether the depositions
shall be taken upon oral examination or
written interrogatories. The depositions may
then be taken in accordance with Rule 24
RULE 134 1 before the hearing.

Perpetuation of Testimony Section 5. Reference to court. — For the


purpose of applying Rule 24 to depositions
Section 1. Petition. — A person who desires for perpetuating testimony, each reference
to perpetuate his own testimony or that of therein to the court in which the action is
another person regarding any matter that pending shall be deemed to refer to the court
may be cognizable in any court of the in which the petition for such deposition was
Philippines, any file a verified petition in the filed.
court of the province of the residence of any
expected adverse party. Section 6. Use of deposition. — If a
deposition to perpetuate testimony is taken
Section 2. Contents of petition. — The under this rule, or if, although not so taken, it
petition shall be entitled in the name of the would be admissible in evidence, it may be
petitioner and shall show: (a) that the used in any action involving the same subject
petitioner expects to be a party to an action in matter subsequently brought in accordance
a court of the Philippines by is presently with the provisions of Sections 4 and 5 of
unable to bring it or cause it to be brought; (b) Rule 24.
the subject matter of the expected action and
his interest therein; (c) the facts which he Section 7. Depositions pending appeal. — If
desires to establish by the proposed an appeal has been taken from a judgment of
testimony and his reasons for desiring to the Regional Trial Court or before the taking
perpetuate it; (d) the names of a description of an appeal if the time therefor has not
of the persons he expects will be adverse expired, the Regional Trial Court in which the
parties and their addresses so far as known; judgment was rendered may allow the taking
and (e) the names and addresses of the of depositions of witnesses to perpetuate
persons to be examined and the substance of their testimony for use in the event of further
the testimony which he expects to elicit from proceedings in the said court. In such case
each, and shall ask for an order authorizing the party who desires to perpetuate the
the petitioner to take the depositions of the testimony may make a motion in the said
persons to be examined named in the petition Regional Trial Court for leave to take the
for the purpose of perpetuating their depositions, upon the same notice and
testimony. service thereof as if the action was pending
therein. The motion shall show (a) the name
Section 3. Notice and service. — The and the addresses of the persons to be
petitioner shall thereafter serve a notice upon examined and the substance of the testimony
each person named in the petition as an which he expects to elicit from each; and (b)
expected adverse party, together with a copy the reason for perpetuating their testimony. If
of a petition, stating that the petitioner will the court finds that the perpetuation of the
apply to the court, at a time and place named testimony is proper to avoid a failure or delay
therein, for the order described in the petition. of justice, it may make an order allowing the
At least twenty (20) days before the date of depositions to be taken, and thereupon the
hearing the notice shall be served in the depositions may be taken and used in the
manner provided for service of summons. same manner and under the same conditions
as are prescribed in these rules for
Section 4. Order of examination. — If the depositions taken in actions pending in the
court is satisfied that the perpetuation of the Regional Trial Court. (7a)
testimony may prevent a failure or delay of
justice, it shall make an order designating or
describing the persons whose deposition may