Admissible, Offered Evidence

DEFINED: duty of a party to present evidence on (a)There is more than one

Burden of Proof the facts in issue necessary to establish his claim circumstances;
or defense by the amount of evidence required by
law. (b)The facts from which the inferences
are derived are proven; and
sufficient for
conviction
if (c)The combination of all the
Substantial Evidence
circumstances is such as to produce a
(ROC, R133 S5) Circumstantial Evidence conviction beyond reasonable doubt.
(ROC, R133 S4)
Preponderance of Evidence
(ROC, R133 S1)
EXTRAJUDICIAL CONFESSION made by an made through palpable mistake
accused, shall not be sufficient ground for verbal or written .
Beyond Reasonable Doubt conviction, unless corroborated by evidence of
(ROC, R133 S2) corpus delicti. unless contradicted by
showing

made by the party

no such admission made
Judicial Admission
(ROC, R129 S4)
in the course of the
proceedings

PROVEN In the same case

Judicial Notice

Mandatory existence and territorial their (states) political the law of nations the admiralty and maritime the political constitution and the official acts of the laws of nature, the
(ROC, R129 S1) extent of states history, forms of courts of the world and history of the Philippines legislative, executive and measure of time, and the
government and symbols of their seals judicial departments of the geographical divisions
nationality Philippines,

existence and territorial their (states) political the law of nations

extent of states history, forms of
Discretionary government and symbols of
(ROC, R129 S2) nationality

with courts own initiative and allow the parties to be

unless deposed by evidence announce intention to take heard thereon IF such
Hearing Necessary during the trial judicial notice of any matter is decisive of a
(ROC, R129 S3) OR request by a party matter material issue in the case

estoppel itself is the

basis for cause of action

led to another (party) to

believe a particular thing (to
Conclusive party, by his own be) true PRESUMPTION CONTEXT: in any litigation RULE: CANNOTbe
declaration, act or OPERATES ON: party,(the arising out of such permitted to falsify it
Presumptions ommission AND (led the other party) one declaring) declaration, act or omission (declaration)
(ROC, R131 S2)
act upon such belief

PRESUMPTION CONTEXT: at time of RULE: CANNOTdeny

OPERATES ON: tenant commencement of tenant title of his landlord
and landlord relation

1. the accident was of a kind which does not

ordinarily occur unless someone is negligent;
Res Ipsa Loquitur 2. the instrumentality or agency which caused the
injury was under the exclusive control of the person
in charge; and

3. the injury suffered must not have been due to any

voluntary action or contribution of the person

No presumption of legitimacy/illegitimacy of a child born

Disputable Presumptions after 300 days following dissolution of marriage or
(ROC, R131 S3)
separation of spouses. Whoever alleges legitimacy or
illegitimacy of such child must prove his allegation

Electronic Evidence Electronic Signatures Digital Signatures

a) the electronic signature is that of the person to (a) The information contained in a certificate is correct;
whom it correlates
+ (b) The digital signature was created during the operational
b) the electronic signature was affixed by that period of a certificate;
person with the intention of authenticating or
approving the electronic document to which it is
related or to indicate such persons consent to the (c) The message associated with a digital signature has not
transaction embodied therein been altered from the time it was signed; and

c) methods and processes utilized to affix or verify (d) A certificate had been issued by the certification authority
the electronic signature operated without error or indicated therein
fault

Judge-made Presumptions

Presumptions created by special laws

 Defined (ROC, R128 S1) the means sanctioned by these rules of ascertaining in a judicial proceeding the truth respecting a matter of fact
EVIDENCE

Scope (ROC, R128 S2) same in all courts and in all trials and hearings except as provided by law or these rules

must be
Relevant (ROC, R128 S3) such a relation to the fact evidence on collateral matters shall not be includes materiality point that you
Admissibility in issue as to induce belief allowed, except when it tends in any reasonable are trying to establish by admitting the
in its existence or non- degree to establish the probability or evidence matters to the case
must be existence. (ROC, R128 S4) improbability of the fact in issue. (ROC, R128 S4)

Competent (ROC, R128 S3) not excluded by these constitutional rules on Violation of rights against unreasonable INADMISSIBLE, for any purpose in RA 4200: in evidence in any judicial,
rules. (ROC, R128 S4) exclusion searches and seizures, privacy of any proceeding quasi-judicial, legislative or
communication and correspondence administrative hearing or investigation Secondary Evidence

Presentation of Part of Transaction (ROC, R132 S17) Violation of right to counsel and right INADMISSIBLE in evidence against Gap filled by special law. Now also
against self incrimination him (person whose right violated) inadmissible for any purpose in any
When part of an act, declaration, conversation, writing or record proceeding
offeror, upon proof of its execution or existence
is given in evidence by one party, the whole of the same
and the cause of its unavailability without bad
subject may be inquired into by the other, and when a detached WHAT IS ORIGINAL? (ROC, R130 S4) faith on his part, may prove its contents by a
act, declaration, conversation, writing or record is given in
copy, or by a recital of its contents in some
evidence, any other act, declaration, conversation, writing or Original, Electronic Evidence
(a)The original of the document is one the contents of which are the subject of inquiry. authentic document, or by the testimony of
record necessary to its understanding may also be given in When the original has been lost or destroyed,
witnesses in the order stated. (ROC, R130 S5)
evidence printout or output readable by or cannot be produced in court, without bad
(b)When a document is in two or more copies executed at or about the same time, with identical faith on the part of the offeror;
sight or other means, shown to
contents, all such copies are equally regarded as originals.
reflect the data accurately
he (adverse party) must have reasonable notice
copies as equivalent of original
When the original is in the custody or under to produce it. If after such notice and after
(c)When an entry is repeated in the regular course of business, one being copied from another at
Specific Rules on Admissibility Multiple Admissibility or near the time of the transaction, all the entries are likewise equally regarded as originals.
the control of the party against whom the satisfactory proof of its existence, he fails to
evidence is offered, and the latter fails to produce the document, secondary evidence
produce it after reasonable notice; may be presented as in the case of its loss.
(ROC, R130 S6)
except
Object Evidence DEFINED: addressed to ADMISSIBILITY: if relevant, to fact CONTEXT: when subject of inquiry RULE: no other document
senses of the court (ROC, in issue may be exhibited, is contents of document admissible except for original of When the original consists of numerous
R130 S1) examined viewed by the court document itself accounts or other documents which cannot
be examined in court without great loss of
time and the fact sought to be established
DEFINED: writing or any material containing letters, words, numbers, from them is only the general result of the
Documentary Best Evidence Rule Functional Equivalence: Whenever a rule of
figures, symbols or other modes of written expression offered as proof of whole;
Evidence (ROC, R130 S3) evidence refers to the term of writing,
their contents. (ROC R130 S2) document, record, instrument, memorandum or
any other form of writing, such term shall be When the original is a public record in the its contents may be proved by a certified copy
deemed to include an electronic document custody of a public officer or is recorded in a issued by the public officer in custody thereof.
IF admissible under rules + Parol Evidence Rule public office. (ROC, R130 S7)
Electronic Document authenticated under rules (ROC, R130 S9)
on electronic evidence

CONTEXT: When the terms of an
Religious or political belief, interest in the outcome of the agreement have been reduced to
case, or conviction of a crime unless otherwise provided by writing
law, shall not be ground for disqualification.
The term agreement includes
wills
RULE: it is considered as containing
all the terms agreed upon and there
can be, between the parties and
their successors in interest, no
evidence of such terms other than
the contents of the written
agreement.
HOWEVER a party may present
evidence to modify, explain or add to An intrinsic ambiguity, mistake or
the terms of written agreement imperfection in the written agreement;
If he puts
in issue
in his
pleading
The failure of the written agreement to
express the true intent and agreement of the
parties thereto;

Testimonial all persons who can perceive, and The validity of the written agreement;
Evidence perceiving, can make their known
perception to others, may be General Disqualifications Filial Privilege
witnesses. (ROC, R130 S20)
The existence of other terms agreed to by the
parties or their successors in interest after the
execution of the written agreement.
HEARSAY EXCLUDED: A witness Mental Incapacity (ROC, R130 S21) By Reason of Marriage (ROC, R130 S22) By Death/Insanity of Adverse Party (ROC, R130 S22)
can testify only to those facts which
he knows of his personal Those whose mental condition, at the time of DURING their marriage, neither the husband Parties OR assignor of parties to a case, or persons
knowledge; that is, which are their production for examination, is such that nor the wife may testify for or against the in whose behalf a case is prosecuted, against an
derived from his own perception, they are incapable of intelligently making other WITHOUT THE CONSENT of the executor or administrator or other representative of
except as otherwise provided in known their perception to others; affected spouse, EXCEPT in a civil case by a deceased person, or against a person of unsound
these rules. (ROC, R130 S36) one against the other, or in a criminal case for mind, upon a claim or demand against the estate of
a crime committed by one against the other such deceased person or against such person of
Children whose mental maturity is such as to or the latter's direct descendants or unsound mind, cannot testify as to any matter of fact
Opinion EXCEPT: render them incapable of perceiving the facts ascendants. occurring before the death of such deceased person or
respecting which they are examined and of before such person became of unsound mind.
Opinion of expert witness on matter requiring relating them truthfully.
NOT admissible special knowledge, skill, experience or training
(ROC, R130 S48) which he is shown to possess. (ROC, R130 S49)
Opinion of ordinary witness for which proper
basis is given on(ROC, R130 S50):
o identity of a person about whom he Privileged Communication The husband or the wife, An attorney cannot, without A person authorized to A minister or priest cannot, A public officer cannot be
has adequate knowledge DURING OR AFTER the the consent of his client, be practice medicine, surgery without the consent of the examined during his term of
marriage, cannot be examined examined as to any or obstetrics in a civil case, person making the confession, office or afterwards, as to
o handwriting with which he has without the consent of the communication made by the without the consent of the be examined as to any communications made to him
sufficient familiarity other as to any communication client to him, or his advice patient, cannot be examined confession made to or any in official confidence, when the
o mental sanity of a person with whom received in confidence by one given thereon in the course of, as to any advice or treatment advice given by him in his court finds that the public
he is sufficiently acquainted from the other during the or with a view to, professional given by him or any professional character in the interest would suffer by the
o impressions of emotion, behavior, marriage EXCEPT in a civil employment, nor can an information which he may have course of discipline enjoined disclosure. (ROC, R130
condition or appearance of a person. case by one against the other, attorney's secretary, acquired in attending such by the church to which the S24(d))
or in a criminal case for a stenographer, or clerk be patient in a professional minister or priest belongs
crime committed by one examined, without the consent capacity, which information (ROC, R130 S24(d))
against the other or the latter's of the client and his employer, was necessary to enable him
direct descendants or concerning any fact the to act in capacity, and which
ascendants (ROC, R130 knowledge of which has been would blacken the reputation of
S24(a)) acquired in such capacity the patient (ROC, R130
(ROC, R130 S24(b)) S24(c))
EXCEPTIONS TO THE HEARSAY RULE (Rule 130)

Sec. 37.Dying declaration. The declaration of a dying person, made under the consciousness of an impending death, may be
Admissions (Out of Court) ADMISSIBLE: act, declaration or RES INTER ALIOS ACTA ALTERI Exceptions
received in any case wherein his death is the subject of inquiry, as evidence of the cause and surrounding circumstances of such
death. omission of a party as to a relevant NOCERI NON DEBET: rights of a
fact (ROC, R130 S26) party cannot be prejudiced by an
act, declaration, or omission of
Sec. 38.Declaration against interest. The declaration made by a person deceased, or unable to testify, against the interest of the
another (ROC, R130 S26) Admission by co-partner or agent (ROC, R130 S29) - act or declaration of
declarant, if the fact is asserted in the declaration was at the time it was made so far contrary to declarant's own interest, that a a partner or agent of the party within the scope of his authority and during the
reasonable man in his position would not have made the declaration unless he believed it to be true, may be received in evidence existence of the partnership or agency, may be given in evidence against such
against himself or his successors in interest and against third persons Confession (Out of Court) party after the partnership or agency is shown by evidence other than such act
Declaration of an accused acknowledging OFFER OF COMPROMISE(ROC, R130 S27):
Civil Cases: An offer of compromise is not an or declaration. The same rule applies to the act or declaration of a joint owner,
Sec. 39.Act or declaration about pedigree. The act or declaration of a person deceased, or unable to testify, in respect to the his guilt of the offense charged, or of any joint debtor, or other person jointly interested with the party.
pedigree of another person related to him by birth or marriage, may be received in evidence where it occurred before the offense necessarily included therein, may admission of any liability, and is not admissible in
controversy, and the relationship between the two persons is shown by evidence other than such act or declaration. The word be given in evidence against him (ROC, evidence against the offeror
"pedigree" includes relationship, family genealogy, birth, marriage, death, the dates when and the places where these fast occurred, R130 S33) Admission by conspirator (ROC, R130 S30) - act or declaration of a
and the names of the relatives. It embraces also facts of family history intimately connected with pedigree. Criminal Cases (except quasi-delicts, those allowed
conspirator relating to the conspiracy and during its existence, may be given in
by law to be compromised): offer of compromise by
evidence against the co-conspirator after the conspiracy is shown by evidence
Sec. 40.Family reputation or tradition regarding pedigree. The reputation or tradition existing in a family previous to the Character Evidence the accused may be received in evidence as an
other than such act of declaration.
controversy, in respect to the pedigree of any one of its members, may be received in evidence if the witness testifying thereon be NOT ADMISSIBLE (ROC, R130 S51) implied admission of guilt
also a member of the family, either by consanguinity or affinity. Entries in family bibles or other family books or charts, engravings on
rings, family portraits and the like, may be received as evidence of pedigree. Plea of guilty later withdrawn, or an unaccepted offer
EXCEPTIONS: of a plea of guilty to a lesser offense, is not Admission by privies (ROC, R130 S31) - Where one derives title to property
Sec. 41.Common reputation. Common reputation existing previous to the controversy, respecting facts of public or general Criminal Cases: admissible in evidence against the accused who from another, the act, declaration, or omission of the latter, while holding the
interest more than thirty years old, or respecting marriage or moral character, may be given in evidence. Monuments and inscriptions o Accused may prove his good made the plea or offer. title, in relation to the property, is evidence against the former.
in public places may be received as evidence of common reputation. moral character which is
pertinent to the moral trait An offer to pay or the payment of medical, hospital
Sec. 42.Part of res gestae. Statements made by a person while a starting occurrence is taking place or immediately prior or involved in the offense or other expenses occasioned by an injury is not
subsequent thereto with respect to the circumstances thereof, may be given in evidence as part of res gestae. So, also, statements charged admissible. In evidence as proof of civil or criminal
Admission by silence (ROC, R130 S32) - An act or declaration made in the
accompanying an equivocal act material to the issue, and giving it a legal significance, may be received as part of the res gestae. o Unless in rebuttal, the liability for the injury
presence and within the hearing or observation of a party who does or says
prosecution may not prove nothing when the act or declaration is such as naturally to call for action or
Sec. 43.Entries in the course of business. Entries made at, or near the time of transactions to which they refer, by a person his (accuseds) bad character comment if not true, and when proper and possible for him to do so, may be
deceased, or unable to testify, who was in a position to know the facts therein stated, may be received as prima facie evidence, if which is pertinent to the moral given in evidence against him.
such person made the entries in his professional capacity or in the performance of duty and in the ordinary or regular course of Previous Conduct
trait involved in the offense
business or duty. (37a)
charged. NOT ADMISSIBLE
Civil Cases:
Sec. 44.Entries in official records. Entries in official records made in the performance of his duty by a public officer of the o Admissible only when
Philippines, or by a person in the performance of a duty specially enjoined by law, are prima facie evidence of the facts therein pertinent to the issue of
stated. (38)
character involved in the case Similar acts as evidence - evidence that one did or did Unaccepted offer - an offer in writing to pay a particular
not do a certain thing at one time is not admissible to prove sum of money or to deliver a written instrument or specific
Sec. 45.Commercial lists and the like. Evidence of statements of matters of interest to persons engaged in an occupation R132 S14: evidence of good character that he did or did not do the same or a similar thing at personal property is, if rejected without valid cause,
contained in a list, register, periodical, or other published compilation is admissible as tending to prove the truth of any relevant another time; but it may be received to prove a specific equivalent to the actual production and tender of the
of witness not admissible until
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. character impeached intent or knowledge, identity, plan, system, scheme, habit, money, instrument, or property (ROC, R130 35)
custom or usage, and the like (ROC, R130 34)
 Burden of Evidence gen rule: he who When witness may refer to memorandum (ROC, R132 S16) Direct examination(ROC, R132 S5)
alleges must present. Can shift from party A witness may be allowed to refresh his memory respecting a fact, by examination-in-chief of a witness by the
PRESENTATION OF EVIDENCE to party as trial proceeds
1) anything written or recorded by himself or under his direction at the
party presenting him on the facts relevant
to the issue Recalling of witness (ROC, R132 S9)
time when the fact occurred, or immediately thereafter, or at any
other time when the fact was fresh in his memory and knew that the After the examination of a witness by both sides has
Rights and Obligations of Witness(ROC, R132 S3) same was correctly written or recorded; but in such case the writing Cross examination(ROC, R132 S6) been concluded, the witness cannot be recalled
A witness must answer questions, although his answer may tend to establish a claim against him. However, it is the right of a or record must be produced and may be inspected by the adverse Upon the termination of the direct without leave of the court. The court will grant or
witness: party, who may, if he chooses, cross examine the witness upon it, examination, the witness may be cross- withhold leave in its discretion, as the interests of
and may read it in evidence. examined by the adverse party as to many justice may require
(1)To be protected from irrelevant, improper, or insulting questions, and from harsh or insulting demeanor; 2) So, also, a witness may testify from such writing or record, though matters stated in the direct examination, or
(2)Not to be detained longer than the interests of justice require; he retain no recollection of the particular facts, if he is able to swear connected therewith, with sufficient fullness
(3)Not to be examined except only as to matters pertinent to the issue; that the writing or record correctly stated the transaction when and freedom to test his accuracy and
(4)Not to give an answer which will tend to subject him to a penalty for an offense unless otherwise provided by law; or made; truthfulness and freedom from interest or
(5)Not to give an answer which will tend to degrade his reputation, unless it to be the very fact at issue or to a fact from which the but such evidence must be received with caution. bias, or the reverse, and to elicit all Leading and misleading questions (ROC, R132 S10)
fact in issue would be presumed. But a witness must answer to the fact of his previous final conviction for an offense. important facts bearing upon the issue
A question which suggests to the witness the
answer which the examining partyanything written
open court, under oath or affirmation entire proceedings to be recorded, including questions or recorded by himself or under his direction at the
Examination of Eyewitness Order of Examination(ROC, R132 S4) Re-direct examination(ROC, R132 S7)
propounded to a witness and his answers thereto, time when the fact occurred, or immediately
After the cross-examination of the witness
orally, unless witness is statements made by the judge or any of the parties, thereafter, or at any other time when the fact was
has been concluded, he may be re-
incapacitated to speak, or question counsel, or the witnesses with reference to the case, fresh in his memory and knew that the same was
examined by the party calling him, to
calls for different mode of answer shall be recorded by the means of shorthand or correctly written or recorded; but in such case the
Impeachment by evidence of explain or supplement his answers given
(ROC, R132 S1) stenotype or by other means of recording found writing or record must be produced and may be
during the cross-examination. On re-direct-
suitable by the court (ROC, R132 S2)
inconsistent statement (ROC, R132 S13) inspected by the adverse party, who may, if he
examination, questions on matters not
Before a witness can be impeached by chooses, cross examine the witness upon it, and
dealt with during the cross-examination,
evidence that he has made at other times may read it in evidence.
may be allowed by the court in its
statements inconsistent with his present So, also, a witness may testify from such writing
discretion
Impeaching Witness Adverse party witness (ROC, R132 S11) A witness may be impeached by the party against whom he testimony, the statements must be related to or record, though he retain no recollection of the
was called, 1) by contradictory evidence, 2) by evidence that his general reputation for truth, honestly, or him, with the circumstances of the times and particular facts, if he is able to swear that the
integrity is bad, or 3) by evidence that he has made at other times statements inconsistent with his present, places and the persons present, and he must writing or record correctly stated the transaction
testimony, but not by evidence of particular wrongful acts, except that it may be shown by the be asked whether he made such statements, Re-cross examination(ROC, R132 S8)
when made;
examination of the witness, or the record of the judgment, that he has been convicted of an offense and if so, allowed to explain them. If the Upon the conclusion of the re-direct sly stated. It is not allowed.
statements be in writing they must be shown to examination, the adverse party may re-
the witness before any question is put to him cross-examine the witness on matters
Other Tools:
stated in his re-direct examination, and also
Own witness (ROC, R132 S12) Except with respect to witnesses referred to in paragraphs (d) and (e) of on such other matters as may be allowed
Exclusion and separation of witness Evidence of good character of witness by the court in its discretion
Section 10, the party producing a witness is not allowed to impeach his credibility.
(ROC, R132 S15) (ROC, R132 S14)
A witness may be considered as unwilling or hostile only if so declared by the court upon adequate
Right to respect writing shown to Evidence of the good character of a witness is
showing of his adverse interest, unjustified reluctance to testify, or his having misled the party into calling
witness (ROC, R132 S18) not admissible until such character has been
him to the witness stand.
The unwilling or hostile witness so declared, or the witness who is an adverse party, may be impeached by impeached
the party presenting him in all respects as if he had been called by the adverse party, except by evidence
of his bad character. He may also be impeached and cross-examined by the adverse party, but such
cross-examination must only be on the subject matter of his examination-in-chief.
Where a private document is more than thirty
years old, is produced from the custody in
which it would naturally be found if genuine, and
is unblemished by any alterations or
Before any private document offered as authentic is received in circumstances of suspicion, no other evidence
Authentication of Private Documents
evidence, its due execution and authenticity must be proved of its authenticity need be given (ROC, R132 S21)
Documents either:

(a)By anyone who saw the document executed or written; or

Sec. 8.Party who calls for document
not bound to offer it. - A party who
calls for the production of a document
and inspects the same is not obliged to
offer it as evidence.
Provisions common to
both public and private
documents
Public record of private document
(ROC, R132 S27) an authorized public
record of a private document may be
proved by the original record, or by a
copy thereof, attested by the legal
custodial of the record, with an
appropriate certificate that such
officer has the custody
Proof of notarial documents (ROC, R132 S30) Every
instrument duly acknowledged or proved and certified as
provided by law, may be presented in evidence without
further proof, the certificate of acknowledgment being
prima facie evidence of the execution of the instrument
or document involved
How handwriting proven (ROC, R132 S22) The handwriting of a
(b)By evidence of the genuineness of the signature or handwriting
person may be proved by any witness who believes it to be the
of the maker.
handwriting of such person because he has seen the person write, or
has seen writing purporting to be his upon which the witness has acted
Any other private document need only be identified as that which
or been charged, and has thus acquired knowledge of the handwriting of
it is claimed to be. (ROC, R132 S20)
such person. Evidence respecting the handwriting may also be given by
a comparison, made by the witness or the court, with writings admitted or
treated as genuine by the party against whom the evidence is offered, or
proved to be genuine to the satisfaction of the judge Presentation of Part of Transaction
(ROC, R132 S17)
When part of an act, declaration,
conversation, writing or record is given in
evidence by one party, the whole of the
Alteration in document, how to explain (ROC, R132 S31) The party producing a document as Documentary evidence in unofficial language (ROC, same subject may be inquired into by the
genuine which has been altered and appears to have been altered after its execution, in a part R132 S33) Documents written in an unofficial language other, and when a detached act,
material to the question in dispute, must account for the alteration. He may show that the alteration shall not be admitted as evidence, unless accompanied declaration, conversation, writing or
was made by another, without his concurrence, or was made with the consent of the parties affected with a translation into English or Filipino. To avoid record is given in evidence, any other
act, declaration, conversation, writing or
by it, or was otherwise properly or innocent made, or that the alteration did not change the meaning interruption of proceedings, parties or their attorneys are
record necessary to its understanding
or language of the instrument. If he fails to do that, the document shall not be admissible in directed to have such translation prepared before trial
evidence may also be given in evidence

Public Documents Documents consisting of entries in public records made

Any judicial record may be impeached by
evidence of: (a) want of jurisdiction in the
court or judicial officer, (b) collusion
between the parties, or (c) fraud in the
party offering the record, in respect to the
proceedings (ROC, R132 S29)
The court shall consider no evidence which has
not been formally offered. The purpose for
which the evidence is offered must be specified.
(ROC, R132 S35)
Defined (ROC, R132 S19)
the written official acts, or records of the
official acts of the sovereign authority,
official bodies and tribunals, and public
officers, whether of the Philippines, or of a
foreign country
Documents acknowledged before a notary
public except last wills and testaments
Public records, kept in the Philippines, of
private documents required by law to the
entered therein.
All other writings are private
in the performance of a duty by a public officer are prima
facie evidence of the facts therein stated. All other public
documents are evidence, even against a third person, of
the fact which gave rise to their execution and of the date
of the latter (ROC, R132 S23)
The record of public documents referred to in paragraph (a) of
Section 19, when admissible for any purpose, may be
evidenced by an official publication thereof or by a copy
attested by the officer having the legal custody of the record, or
by his deputy, and accompanied, if the record is not kept in the
Philippines, with a certificate that such officer has the custody. If
the office in which the record is kept is in foreign country, the
certificate may be made by a secretary of the embassy or
legation, consul general, consul, vice consul, or consular agent
or by any officer in the foreign service of the Philippines
stationed in the foreign country in which the record is kept, and
authenticated by the seal of his office (ROC, R132 S24)
No record/entry: A written statement signed by an officer having the custody of an official
record or by his deputy that after diligent search no record or entry of a specified tenor is
found to exist in the records of his office, accompanied by a certificate as above provided,
is admissible as evidence that the records of his office contain no such record or entry
(ROC, R132 S28)
Copy: Whenever a copy of a document or record is attested for the purpose of evidence,
the attestation must state, in substance, that the copy is a correct copy of the original, or a
specific part thereof, as the case may be. The attestation must be under the official seal of
the attesting officer, if there be any, or if he be the clerk of a court having a seal, under the
seal of such court (ROC, R132 S25)
Irremovability of public records (ROC, R132 S26)
Any public record, an official copy of which is admissible in evidence, must not be removed
from the office in which it is kept, except upon order of a court where the inspection of the
record is essential to the just determination of a pending case

Offer of Evidence IF Document

Documentary and object evidence shall be
offered after the presentation of a party's
testimonial evidence. Such offer shall be
done orally unless allowed by the court to be
done in writing. (ROC, R132 S35)
IF Testimony
As regards the testimony of a witness, the
offer must be made at the time the witness is
called to testify (ROC, R132 S35)
Objection, written (ROC, R132 S36)
An offer of evidence in writing shall be
objected to within three (3) days after notice
of the unless a different period is allowed by
the court Court rules on objections (ROC, R132 S38)
In any case, the grounds for the objections The ruling of the court must be given immediately
must be specified. (ROC, R132 S36) after the objection is made, unless the court
desires to take a reasonable time to inform itself
Objection, oral (ROC, R132 S36)
on the question presented; but the ruling shall
Objection to evidence offered orally must
always be made during the trial and at such
be made immediately after the offer is
time as will give the party against whom it is
made.
made an opportunity to meet the situation
Objection to a question propounded in presented by the ruling.
the course of the oral examination of a The reason for sustaining or overruling an
witness shall be made as soon as the objection need not be stated. However, if the
grounds therefor shall become objection is based on two or more grounds, a
reasonably apparent. ruling sustaining the objection on one or some of
them must specify the ground or grounds relied
upon

When repetition of objection not

necessary (ROC, R132 S37)
When it becomes reasonably apparent in the
course of the examination of a witness that
the question being propounded are of the Admissibility? Interpretation of Documents
same class as those to which objection has
been made, whether such objection was
sustained or overruled, it shall not be
necessary to repeat the objection, it being
sufficient for the adverse party to record his
continuing objection to such class of Probative Weight
questions