2019 Proposed Present Rules on Evidence

Amendments

RULE 128
General Provisions
Section 1. Evidence defined. Section 1. Evidence defined. –
— Evidence is the means, Evidence is the means,
sanctioned by these rules, of sanctioned by these rules, of
ascertaining in a judicial ascertaining in a judicial
proceeding the truth proceeding the truth respecting
respecting a matter of fact. (1) a matter of fact. (1)

Section 2. Scope. — The rules Section 2. Scope. – The rules

of evidence shall be the same of evidence shall be the same in
in all courts and in all trials all courts and in all trials and
and hearings, except as hearings, except as otherwise
otherwise provided by law or provided by law or these rules.
these rules. (2a) (2)

Section 3. Admissibility of Section 3. Admissibility of

evidence. — Evidence is evidence. – Evidence is
admissible when it is relevant admissible when it is relevant to
to the issue and is not the issue and not excluded by
excluded by the law of these the Constitution, the law or
rules. (3a) these Rules. (3a)

Section Section 4. Relevancy;

4. Relevancy; collateral collateral matters. – Evidence
matters. — Evidence must must have such a relation to
have such a relation to the the fact in issue as to induce
fact in issue as to induce belief belief in its existence or non-
in its existence or non- existence. Evidence on
existence. Evidence on collateral matters shall not be
collateral matters shall not be allowed, except when it tends in
allowed, except when it tends any reasonable degree to
in any reasonable degree to establish the probability or
establish the probability or improbability of the fact in
improbability of the fact in issue. (4)
issue. (4a)
 RULE 129
What Need Not be Proved
Section 1. Judicial notice, Section 1. Judicial notice,
when mandatory. — A court when mandatory. - A court shall
shall take judicial notice, take judicial notice, without the
without the introduction of introduction of evidence, of the
evidence, of the existence and existence and territorial extent
territorial extent of states, of states, their political history,
their political history, forms of forms of government and
government and symbols of symbols of nationality, the law
nationality, the law of nations, of nations, the admiralty and
the admiralty and maritime maritime courts of the world
courts of the world and their and their seals, the political
seals, the political constitution constitution and history of the
and history of the Philippines, Philippines, official acts of the
the official acts of legislative, legislative, executive and
executive and judicial judicial departments of the
departments of the National Government of the
Philippines, the laws of nature, Philippines, the laws of nature,
the measure of time, and the the measure of time, and the
geographical divisions. (1a) geographical divisions. (1a)

Section 2. Judicial notice, Section 2. Judicial notice,

when discretionary. — A court when discretionary. – A court
may take judicial notice of may take judicial notice of
matters which are of public matters which are of public
knowledge, or are capable to knowledge, or are capable of
unquestionable unquestionable demonstration,
demonstration, or ought to be or ought to be known to judges
known to judges because of because of their judicial
their judicial functions. (1a) functions.
(2)

Section 3. Judicial notice, Section 3. Judicial notice,

when hearing necessary. — when hearing necessary. –
During the trial, the court, on During the pre-trial and the
its own initiative, or on trial, the court, motu proprio or
request of a party, may upon motion, shall hear the
announce its intention to take parties on the propriety of
judicial notice of any matter taking judicial notice of any
and allow the parties to be matter.
heard thereon.
After the trial, and before Before judgment or on appeal,
judgment or on appeal, the the court, motu proprio or upon
 proper court, on its own motion, may take judicial notice
initiative or on request of a of any matter and shall hear the
party, may take judicial notice parties thereon if such matter is
of any matter and allow the decisive of a material issue in
parties to be heard thereon if the case. (3a)
such matter is decisive of a
material issue in the case. (n)

Section 4. Judicial Section 4. Judicial admissions.

admissions. — An admission, – An admission, oral or written,
verbal or written, made by the made by the party in the course
party in the course of the of the proceedings in the same
proceedings in the same case, case, does not require proof.
does not require proof. The The admission may be
admission may be contradicted only by showing
contradicted only by showing that it was made through
that it was made through palpable mistake or that the
palpable mistake or that no imputed admission was not, in
such admission was made. fact, made. (4a)
(2a)

RULE 130
Rules of Admissibility
OBJECT (REAL) EVIDENCE
Section 1. Object as Section 1. Object as evidence.
evidence. — Objects as – Objects as evidence are those
evidence are those addressed addressed to the senses of the
to the senses of the court. court. When an object is
When an object is relevant to relevant to the fact in issue, it
the fact in issue, it may be may be exhibited to, examined
exhibited to, examined or or viewed by the court. (1)
viewed by the court. (1a)

DOCUMENTARY EVIDENCE
Section 2. Documentary Section 2. Documentary
evidence. — Documents as evidence. – Documents as
evidence consist of writing or evidence consist of writings,
any material containing recordings, photographs or any
letters, words, numbers, material containing letters,
figures, symbols or other words, sounds, numbers,
modes of written expression figures, symbols, or their
offered as proof of their equivalent, or other modes of
contents. (n) written expression offered as
proof of their contents.
Photographs include still
pictures, drawings, stored
images, x-ray films, motion
 pictures or videos. (2a)

1. Best Evidence Rule 1. Original Document Rule

Section 3. Original document Section 3. Original document
must be produced; exceptions. must be produced; exceptions.
— When the subject of inquiry – When the subject of inquiry is
is the contents of a document, the contents of a document,
no evidence shall be writing, recording, photograph
admissible other than the or other record, no evidence is
original document itself, admissible other than the
except in the following cases: original document itself, except
(a) When the original has been in the following cases:
lost or destroyed, or cannot be
produced in court, without bad When the original is lost or
faith on the part of the offeror; destroyed, or cannot be
(b) When the original is in the produced in court, without bad
custody or under the control of faith on the part of the offeror;
the party against whom the
evidence is offered, and the When the original is in the
latter fails to produce it after custody or under the control of
reasonable notice; the party against whom the
© When the original consists evidence is offered, and the
of numerous accounts or other latter fails to produce it after
documents which cannot be reasonable notice, or the
examined in court without original cannot be obtained by
great loss of time and the fact local judicial processes or
sought to be established from procedures;
them is only the general result
of the whole; and
(d) When the original is a When the original consists of
public record in the custody of numerous accounts or other
a public officer or is recorded documents which cannot be
in a public office. (2a) examined in court without great
loss of time and the fact sought
to be established from them is
only the general result of the
whole;

When the original is a public

record in the custody of a public
officer or is recorded in a public
office; and

When the original is not closely-

related to a controlling issue.
(3a)
Section 4. Original of Section 4. Original of
document. — document. —
(a) The original of the
document is one the contents An “original” of a document is
of which are the subject of the document itself or any
inquiry. counterpart intended to have
(b) When a document is in two the same effect by a person
or more copies executed at or executing or issuing it. An
about the same time, with “original” of a photograph
identical contents, all such includes the negative or any
copies are equally regarded as print therefrom. If data is stored
originals. in a computer or similar device,
(c) When an entry is repeated any printout or other output
in the regular course of readable by sight or other
business, one being copied means, shown to reflect the
from another at or near the data accurately, is an
time of the transaction, all the “original.”
entries are likewise equally
regarded as originals. (3a) A “duplicate” is a counterpart
produced by the same
impression as the original, or
from the same matrix, or by
means of photography,
including enlargements and
miniatures, or by mechanical or
electronic re-recording, or by
chemical reproduction, or by
other equivalent techniques
which accurately reproduce the
original.

A duplicate is admissible to the

same extent as an original
unless (1) a genuine question is
raised as to the authenticity of
the original, or (2) in the
circumstances, it is unjust or
inequitable to admit the
duplicate in lieu of the original.
(4a)

2. Secondary Evidence
Section 5. When original
document is unavailable. — Section 5. When original
When the original document document is unavailable. –
has been lost or destroyed, or When the original document
 cannot be produced in court, has been lost or destroyed, or
the offeror, upon proof of its cannot be produced in court,
execution or existence and the the offeror, upon proof of its
cause of its unavailability execution or existence and the
without bad faith on his part, cause of its unavailability
may prove its contents by a without bad faith on his or her
copy, or by a recital of its part, may prove its contents by
contents in some authentic a copy, or by recital of its
document, or by the testimony contents in some authentic
of witnesses in the order document, or by the testimony
stated. (4a) of witnesses in the order stated.
(5a)

Section 6. When original Section 6. When original

document is in adverse document is in adverse party’s
party’s custody or control. — If custody or control. – If the
the document is in the custody document is in the custody or
or under the control of under the control of the adverse
adverse party, he must have party, he or she must have
reasonable notice to produce reasonable notice to produce it.
it. If after such notice and If after such notice and after
after satisfactory proof of its satisfactory proof of its
existence, he fails to produce existence, he or she fails to
the document, secondary produce the document,
evidence may be presented as secondary evidence may be
in the case of its loss. (5a) presented as in the case of its
loss. (6a)

Section 7. Evidence Section 7. Summaries. – When

admissible when original the contents of documents,
document is a public record. records, photographs, or
— When the original of numerous accounts are
document is in the custody of voluminous and cannot be
public officer or is recorded in examined in court without great
a public office, its contents loss of time, and the fact sought
may be proved by a certified to be established is only the
copy issued by the public general result of the whole, the
officer in custody thereof. (2a) contents of such evidence may
be presented in the form of a
chart, summary, or calculation.

The originals shall be available

for examination or copying, or
both, by the adverse party at a
reasonable time and place. The
court may order that they be
 produced in court. (n)

Section 8. Evidence
admissible when original
document is a public record. —
When the original of a
document is in the custody of a
public officer or is recorded in a
public office, its contents may
be proved by a certified copy
issued by the public officer in
custody thereof. (7)

Section 8. Party who calls for Section 9. Party who calls for
document not bound to offer document not bound to offer it.
it. — A party who calls for the — A party who calls for the
production of a document and production of a document and
inspects the same is not inspects the same is not obliged
obliged to offer it as evidence. to offer it as evidence. (8)
(6a)

3. Parole Evidence Rule

Section 9. Evidence of Section 10. Evidence of
written agreements. — When written agreements. — When
the terms of an agreement the terms of an agreement
have been reduced to writing, have been reduced to writing, it
it is considered as containing is considered as containing all
all the terms agreed upon and the terms agreed upon and
there can be, between the there can be, as between the
parties and their successors in parties and their successors in
interest, no evidence of such interest, no evidence of such
terms other than the contents terms other than the contents
of the written agreement. of the written agreement.
However, a party may present
evidence to modify, explain or However, a party may present
add to the terms of written evidence to modify, explain or
agreement if he puts in issue add to the terms of the written
in his pleading: agreement if he or she puts in
(a) An intrinsic ambiguity, issue in a verified pleading:
mistake or imperfection in the
written agreement; An intrinsic ambiguity, mistake
(b) The failure of the written or imperfection in the written
agreement to express the true agreement;
intent and agreement of the
parties thereto; The failure of the written
© The validity of the written agreement to express the true
agreement; or intent and agreement of the
(d) The existence of other parties thereto;
terms agreed to by the parties
or their successors in interest
after the execution of the The validity of the written
written agreement. agreement; or
The term “agreement”
includes wills. (7a)
The existence of other terms
agreed to by the parties or their
successors in interest after the
execution of the written
agreement.

The term “agreement” includes

wills. (9a)

4. Interpretation of Documents
Section 10. Interpretation of Section 11. Interpretation of a
a writing according to its legal writing according to its legal
meaning. — The language of a meaning. — The language of a
writing is to be interpreted writing is to be interpreted
according to the legal according to the legal meaning
meaning it bears in the place it bears in the place of its
of its execution, unless the execution, unless the parties
parties intended otherwise. (8) intended otherwise. (10)

Section 11. Instrument Section 12. Instrument

construed so as to give effect construed so as to give effect
to all provisions. — In the to all provisions. — In the
construction of an instrument, construction of an instrument,
where there are several where there are several
provisions or particulars, such provisions or particulars, such a
a construction is, if possible, to construction is, if possible, to be
be adopted as will give effect adopted as will give effect to
to all. (9) all. (11)

Section 12. Interpretation Section 13. Interpretation

according to intention; general according to intention; general
and particular provisions. — In and particular provisions. — In
the construction of an the construction of an
instrument, the intention of instrument, the intention of the
the parties is to be pursued; parties is to be pursued; and
and when a general and a when a general and a particular
particular provision are provision are inconsistent, the
inconsistent, the latter is latter is paramount to the
paramount to the former. So a former. So a particular intent
particular intent will control a will control a general one that is
general one that is inconsistent with it. (12)
inconsistent with it. (10)

Section 13. Interpretation Section 14. Interpretation

according to circumstances. — according to circumstances. —
For the proper construction of For the proper construction of
an instrument, the an instrument, the
circumstances under which it circumstances under which it
was made, including the was made, including the
situation of the subject thereof situation of the subject thereof
and of the parties to it, may and of the parties to it, may be
be shown, so that the judge shown, so that the judge may
may be placed in the position be placed in the position of
of those who language he is to those whose language he or she
interpret. (11) is to interpret. (13a)

Section 14. Peculiar Section 15. Peculiar

signification of terms. — The signification of terms. — The
terms of a writing are terms of a writing are presumed
presumed to have been used to have been used in their
in their primary and general primary and general
acceptation, but evidence is acceptation, but evidence is
admissible to show that they admissible to show that they
have a local, technical, or have a local, technical, or
otherwise peculiar otherwise peculiar signification,
signification, and were so used and were so used and
and understood in the understood in the particular
particular instance, in which instance, in which case the
case the agreement must be agreement must be construed
construed accordingly. (12) accordingly. (14)

Section 15. Written words Section 16. Written words

control printed. — When an control printed. — When an
instrument consists partly of instrument consists partly of
written words and partly of a written words and partly of a
printed form, and the two are printed form, and the two are
inconsistent, the former inconsistent, the former
controls the latter. (13) controls the latter. (15)

Section 16. Experts and Section 17. Experts and

interpreters to be used in interpreters to be used in
explaining certain writings. — explaining certain writings. —
When the characters in which When the characters in which
an instrument is written are an instrument is written are
 difficult to be deciphered, or difficult to be deciphered, or the
the language is not language is not understood by
understood by the court, the the court, the evidence of
evidence of persons skilled in persons skilled in deciphering
deciphering the characters, or the characters, or who
who understand the language, understand the language, is
is admissible to declare the admissible to declare the
characters or the meaning of characters or the meaning of
the language. (14) the language. (16)

Section 17. Of Two Section 18. Of two

constructions, which constructions, which preferred.
preferred. — When the terms — When the terms of an
of an agreement have been agreement have been intended
intended in a different sense in a different sense by the
by the different parties to it, different parties to it, that sense
that sense is to prevail against is to prevail against either party
either party in which he in which he or she supposed the
supposed the other other understood it, and when
understood it, and when different constructions of a
different constructions of a provision are otherwise equally
provision are otherwise proper, that is to be taken
equally proper, that is to be which is the most favorable to
taken which is the most the party in whose favor the
favorable to the party in provision was made. (17a)
whose favor the provision was
made. (15)

Section 18. Construction in Section 19. Construction in

favor of natural right. — When favor of natural right. — When
an instrument is equally an instrument is equally
susceptible of two susceptible of two
interpretations, one in favor of interpretations, one in favor of
natural right and the other natural right and the other
against it, the former is to be against it, the former is to be
adopted. (16) adopted. (18)

Section 19. Interpretation Section 20. Interpretation

according to usage. — An according to usage. – An
instrument may be construed instrument may be construed
according to usage, in order to according to usage, in order to
determine its true character. determine its true character.
(17) (19)

TESTIMONIAL EVIDENCE
Qualification of Witnesses
 Section 20. Witnesses; their Section 21. Witnesses; their
qualifications. — Except as qualifications. – All persons who
provided in the next can perceive, and perceiving,
succeeding Section, all can make known their
persons who can perceive, and perception to others, may be
perceiving, can make their witnesses. (20a)
known perception to others,
may be witnesses. Religious or political belief,
Religious or political belief, interest in the outcome of the
interest in the outcome of the case, or conviction of a crime,
case, or conviction of a crime unless otherwise provided by
unless otherwise provided by law, shall not be a ground for
law, shall not be ground for disqualification. (20)
disqualification. (18a)

Section 21. Disqualification [Section 21. Disqualification

by reason of mental by reason of mental
incapacity or immaturity. — incapacity or immaturity.
The following persons cannot (Deleted)]
be witnesses:
(a) Those whose mental
condition, at the time of their
production for examination, is
such that they are incapable
of intelligently making known
their perception to others;
(b) Children whose mental
maturity is such as to render
them incapable of perceiving
the facts respecting which
they are examined and of
relating them truthfully. (19a)

Section 22. Testimony

confined to personal
knowledge. – A witness can
testify only to those facts which
he or she knows of his or her
personal knowledge; that is,
which are derived from his or
her own perception. (36a)

Section 22. Disqualification Section 23. Disqualification by

by reason of marriage. — reason of marriage. – During
During their marriage, neither their marriage, the husband or
the husband nor the wife may the wife cannot testify against
testify for or against the other the other without the consent of
without the consent of the the affected spouse, except in a
 affected spouse, except in a civil case by one against the
civil case by one against the other, or in a criminal case for a
other, or in a criminal case for crime committed by one
a crime committed by one against the other or the latter’s
against the other or the direct descendants or
latter’s direct descendants or ascendants. (22a)
ascendants. (20a)

Section 23. Disqualification
by reason of death or insanity
of adverse party. — Parties or
assignor of parties to a case,
or persons in whose behalf a
case is prosecuted, against an
executor or administrator or
other representative of a
deceased person, or against a
person of unsound mind, upon
a claim or demand against the
estate of such deceased
person or against such person
of unsound mind, cannot
testify as to any matter of fact
occurring before the death of
such deceased person or
before such person became of
unsound mind. (20a)

Section 24. Disqualification Section 24. Disqualification

by reason of privileged by reason of privileged
communication. — The communications. – The
following persons cannot following persons cannot testify
testify as to matters learned in as to matters learned in
confidence in the following confidence in the following
cases: cases:
(a) The husband or the wife,
during or after the marriage, The husband or the wife, during
cannot be examined without or after the marriage, cannot be
the consent of the other as to examined without the consent
any communication received of the other as to any
in confidence by one from the communication received in
other during the marriage confidence by one from the
except in a civil case by one other during the marriage
against the other, or in a except in a civil case by one
criminal case for a crime against the other, or in a
committed by one against the criminal case for a crime
other or the latter's direct committed by one against the
descendants or ascendants; other or the latter’s direct
 (b) An attorney cannot, descendants or ascendants.
without the consent of his
client, be examined as to any An attorney or person
communication made by the reasonably believed by the
client to him, or his advice client to be licensed to engage
given thereon in the course of, in the practice of law cannot,
or with a view to, professional without the consent of the
employment, nor can an client, be examined as to any
attorney's secretary, communication made by the
stenographer, or clerk be client to him or her, or his or
examined, without the consent her advice given thereon in the
of the client and his employer, course of, or with a view to,
concerning any fact the professional employment, nor
knowledge of which has been can an attorney’s secretary,
acquired in such capacity; stenographer, or clerk, or other
(c) A person authorized to persons assisting the attorney
practice medicine, surgery or be examined without the
obstetrics cannot in a civil consent of the client and his or
case, without the consent of her employer, concerning any
the patient, be examined as to fact the knowledge of which has
any advice or treatment given been acquired in such capacity,
by him or any information except in the following cases:
which he may have acquired
in attending such patient in a Furtherance of crime or fraud. If
professional capacity, which the services or advice of the
information was necessary to lawyer were sought or obtained
enable him to act in capacity, to enable or aid anyone to
and which would blacken the commit or plan to commit what
reputation of the patient; the client knew or reasonably
(d) A minister or priest cannot, should have known to be a
without the consent of the crime or fraud;
person making the confession,
be examined as to any Claimants through same
confession made to or any deceased client. As to a
advice given by him in his communication relevant to an
professional character in the issue between parties who
course of discipline enjoined claim through the same
by the church to which the deceased client, regardless of
minister or priest belongs; whether the claims are by
(e) A public officer cannot be testate or intestate or by inter
examined during his term of vivos transaction;
office or afterwards, as to
communications made to him Breach of duty by lawyer or
in official confidence, when client. As to a communication
the court finds that the public relevant to an issue of breach of
interest would suffer by the duty by the lawyer to his or her
disclosure. (21a) client, or by the client to his or
her lawyer;
 Document attested by the
lawyer. As to a communication
relevant to an issue concerning
an attested document to which
the lawyer is an attesting
witness; or

Joint clients. As to a
communication relevant to a
matter of common interest
between two or more clients if
the communication was made
by any of them to a lawyer
retained or consulted in
common, when offered in an
action between any of the
clients, unless they have
expressly agreed otherwise.

A physician, psychotherapist or
person reasonably believed by
the patient to be authorized to
practice medicine or
psychotherapy cannot in a civil
case, without the consent of the
patient, be examined as to any
confidential communication
made for the purpose of
diagnosis or treatment of the
patient’s physical, mental or
emotional condition, including
alcohol or drug addiction,
between the patient and his or
her physician or
psychotherapist. This privilege
also applies to persons,
including members of the
patient’s family, who have
participated in the diagnosis or
treatment of the patient under
the direction of the physician or
psychotherapist.

A “psychotherapist” is:

A person licensed to practice

medicine engaged in the
 diagnosis or treatment of a
mental or emotional condition,
or

A person licensed as a
psychologist by the government
while similarly engaged.

A minister, priest or person

reasonably believed to be so
cannot, without the consent of
the affected person, be
examined as to any
communication or confession
made to or any advice given by
him or her, in his or her
professional character, in the
course of discipline enjoined by
the church to which the
minister or priest belongs.

A public officer cannot be

examined during or after his or
her tenure as to
communications made to him
or her in official confidence,
when the court finds that the
public interest would suffer by
the disclosure.

The communication shall

remain privileged, even in the
hands of a third person who
may have obtained the
information, provided that the
original parties to the
communication took reasonable
precaution to protect its
confidentiality. (24a)

Testimonial Privilege
Section 25. Parental and filial Section 25. Parental and filial
privilege. — No person may be privilege. – No person shall be
compelled to testify against compelled to testify against his
his parents, other direct or her parents, other direct
ascendants, children or other ascendants, children or other
direct descendants. (20a) direct descendants, except
when such testimony is
 indispensable in a crime against
that person or by one parent
against the other. (25a)

Section 26. Privilege relating

to trade secrets. – A person
cannot be compelled to testify
about any trade secret, unless
the non-disclosure will conceal
fraud or otherwise work
injustice. When disclosure is
directed, the court shall take
such protective measure as the
interest of the owner of the
trade secret and of the parties
and the furtherance of justice
may require. (n)

Admissions and Confessions

Section 26. Admission of a Section 27. Admission of a
party. — The act, declaration party. – The act, declaration or
or omission of a party as to a omission of a party as to a
relevant fact may be given in relevant fact may be given in
evidence against him. (22) evidence against him or her.
(26a)

Section 27. Offer of Section 28. Offer of

compromise not admissible. — compromise not admissible. –
In civil cases, an offer of In civil cases, an offer of
compromise is not an compromise is not an admission
admission of any liability, and of any liability, and is not
is not admissible in evidence admissible in evidence against
against the offeror. the offeror. Neither is evidence
In criminal cases, except those of conduct nor statements
involving quasi-offenses made in compromise
(criminal negligence) or those negotiations admissible, except
allowed by law to be evidence otherwise
compromised, an offer of discoverable or offered for
compromised by the accused another purpose, such as
may be received in evidence proving bias or prejudice of a
as an implied admission of witness, negativing a
guilt. contention of undue delay, or
A plea of guilty later proving an effort to obstruct a
withdrawn, or an unaccepted criminal investigation or
offer of a plea of guilty to prosecution.
lesser offense, is not
admissible in evidence against In criminal cases, except those
the accused who made the involving quasi-offenses
plea or offer. (criminal negligence) or those
An offer to pay or the payment allowed by law to be
of medical, hospital or other compromised, an offer of
expenses occasioned by an compromise by the accused
injury is not admissible in may be received in evidence as
evidence as proof of civil or an implied admission of guilt.
criminal liability for the injury.
(24a) A plea of guilty later withdrawn
or an unaccepted offer of a plea
of guilty to a lesser offense is
not admissible in evidence
against the accused who made
the plea or offer. Neither is any
statement made in the course
of plea bargaining with the
prosecution, which does not
result in a plea of guilty or
which results in a plea of guilty
later withdrawn, admissible.

An offer to pay, or the payment

of medical, hospital or other
expenses occasioned by an
injury, is not admissible in
evidence as proof of civil or
criminal liability for the injury.
(27a)

Section 28. Admission by Section 29. Admission by

third party. — The rights of a third party. – The rights of a
party cannot be prejudiced by party cannot be prejudiced by
an act, declaration, or an act, declaration, or omission
omission of another, except as of another, except as
hereinafter provided. (25a) hereinafter provided. (28)

Section 29. Admission by co- Section 30. Admission by co-

partner or agent. — The act or partner or agent. – The act or
declaration of a partner or declaration of a partner or
agent of the party within the agent authorized by the party
scope of his authority and to make a statement
during the existence of the concerning the subject, or
partnership or agency, may be within the scope of his or her
given in evidence against such authority, and during the
party after the partnership or existence of the partnership or
agency is shown by evidence agency, may be given in
other than such act or evidence against such party
declaration. The same rule after the partnership or agency
applies to the act or is shown by evidence other
declaration of a joint owner, than such act or declaration.
joint debtor, or other person The same rule applies to the act
jointly interested with the or declaration of a joint owner,
party. (26a) joint debtor, or other person
jointly interested with the party.
(29a)

Section 30. Admission by Section 31. Admission by

conspirator. — The act or conspirator. – The act or
declaration of a conspirator declaration of a conspirator in
relating to the conspiracy and furtherance of the conspiracy
during its existence, may be and during its existence may be
given in evidence against the given in evidence against the
co-conspirator after the co-conspirator after the
conspiracy is shown by conspiracy is shown by
evidence other than such act evidence other than such act of
of declaration. (27) declaration. (30a)

Section 31. Admission by Section 32. Admission by

privies. — Where one derives privies. – Where one derives
title to property from another, title to property from another,
the act, declaration, or the latter’s act, declaration, or
omission of the latter, while omission, in relation to the
holding the title, in relation to property, is evidence against
the property, is evidence the former if done while the
against the former. (28) latter was holding the title.
(31a)

Section 32. Admission by Section 33. Admission by

silence. — An act or silence. – An act or declaration
declaration made in the made in the presence and
presence and within the within the hearing or
hearing or observation of a observation of a party who does
party who does or says or says nothing when the act or
nothing when the act or declaration is such as naturally
declaration is such as to call for action or comment if
naturally to call for action or not true, and when proper and
comment if not true, and when possible for him or her to do so,
proper and possible for him to may be given in evidence
do so, may be given in against him or her. (32a)
evidence against him. (23a)
 Section 33. Confession. — Section 34. Confession. – The
The declaration of an accused declaration of an accused
acknowledging his guilt of the acknowledging his or her guilt
offense charged, or of any of the offense charged, or of
offense necessarily included any offense necessarily
therein, may be given in included therein, may be given
evidence against him. (29a) in evidence against him or her.
(33a)

4. Previous Conduct as Evidence

Section 34. Similar acts as
evidence. — Evidence that one Section 35. Similar acts as
did or did not do a certain evidence. – Evidence that one
thing at one time is not did or did not do a certain thing
admissible to prove that he at one time is not admissible to
did or did not do the same or prove that he or she did or did
similar thing at another time; not do the same or similar thing
but it may be received to at another time; but it may be
prove a specific intent or received to prove a specific
knowledge; identity, plan, intent or knowledge, identity,
system, scheme, habit, plan, system, scheme, habit,
custom or usage, and the like. custom or usage, and the like.
(48a) (34a)

Section 35. Unaccepted Section 36. Unaccepted offer.

offer. — An offer in writing to – An offer in writing to pay a
pay a particular sum of money particular sum of money or to
or to deliver a written deliver a written instrument or
instrument or specific personal specific personal property is, if
property is, if rejected without rejected without valid cause,
valid cause, equivalent to the equivalent to the actual
actual production and tender production and tender of the
of the money, instrument, or money, instrument, or property.
property. (49a) (35)

Testimonial Knowledge
. [Sec. 36. Testimony
Section 36. Testimony generally confined to
generally confined to personal personal knowledge;
knowledge; hearsay excluded. hearsay excluded.
— A witness can testify only to (Transposed to Sec. 22.
those facts which he knows of Testimony confined to
his personal knowledge; that personal knowledge.)]
is, which are derived from his
 own perception, except as
otherwise provided in these
rules. (30a)

Hearsay
Section 37. Hearsay. – Hearsay
is a statement other than one
made by the declarant while
testifying at a trial or hearing,
offered to prove the truth of the
facts asserted therein. A
statement is (1) an oral or
written assertion or (2) a non-
verbal conduct of a person, if it
is intended by him or her as an
assertion. Hearsay evidence is
inadmissible except as
otherwise provided in these
Rules.

A statement is not hearsay if the

declarant testifies at the trial or
hearing and is subject to cross-
examination concerning the
statement, and the statement is
(a) inconsistent with the
declarant’s testimony, and was
given under oath subject to the
penalty of perjury at a trial,
hearing, or other proceeding, or
in a deposition; (b) consistent
with the declarant’s testimony
and is offered to rebut an
express or implied charge
against the declarant of recent
fabrication or improper influence
or motive; or (c) one of
identification of a person made
after perceiving him or her. (n)
Exceptions to the Hearsay Rule
Section 37. Dying Section 38. Dying declaration.
declaration. — The declaration – The declaration of a dying
of a dying person, made under person, made under the
the consciousness of an consciousness of an impending
impending death, may be death, may be received in any
received in any case wherein case wherein his or her death is
his death is the subject of the subject of inquiry, as
inquiry, as evidence of the evidence of the cause and
 cause and surrounding surrounding circumstances of
circumstances of such death. such death. (37a)
(31a)

Section 39. Statement of

decedent or person of unsound
mind. – In an action against an
executor or administrator or
other representative of a
deceased person, or against a
person of unsound mind, upon a
claim or demand against the
estate of such deceased person
or against such person of
unsound mind, where a party or
assignor of a party or a person
in whose behalf a case is
prosecuted testifies on a matter
of fact occurring before the
death of the deceased person or
before the person became of
unsound mind, any statement of
the deceased or the person of
unsound mind, may be received
in evidence if the statement was
made upon the personal
knowledge of the deceased or
the person of unsound mind at a
time when the matter had been
recently perceived by him or her
and while his or her recollection
was clear. Such statement,
however, is inadmissible if made
under circumstances indicating
its lack of trustworthiness. (23a)

Section 38. Declaration Section 40. Declaration

against interest. — The against interest. – The
declaration made by a person declaration made by a person
deceased, or unable to testify, deceased or unable to testify
against the interest of the against the interest of the
declarant, if the fact is declarant, if the fact asserted in
asserted in the declaration the declaration was at the time
was at the time it was made it was made so far contrary to
so far contrary to declarant’s the declarant’s own interest that
own interest, that a a reasonable person in his or her
reasonable man in his position position would not have made
would not have made the the declaration unless he or she
declaration unless he believed believed it to be true, may be
it to be true, may be received received in evidence against
in evidence against himself or himself or herself or his or her
his successors in interest and successors in interest and
against third persons. (32a) against third persons. A
statement tending to expose the
declarant to criminal liability and
offered to exculpate the accused
is not admissible unless
corroborating circumstances
clearly indicate the
trustworthiness of the
statement. (38a)

poSection 39. Act or Section 41. Act or declaration

declaration about pedigree. — about pedigree. – The act or
The act or declaration of a declaration of a person
person deceased, or unable to deceased or unable to testify, in
testify, in respect to the respect to the pedigree of
pedigree of another person another person related to him or
related to him by birth or her by birth, adoption, or
marriage, may be received in marriage or, in the absence
evidence where it occurred thereof, with whose family he or
before the controversy, and she was so intimately associated
the relationship between the as to be likely to have accurate
two persons is shown by information concerning his or
evidence other than such act her pedigree, may be received
or declaration. The word in evidence where it occurred
"pedigree" includes before the controversy, and the
relationship, family genealogy, relationship between the two
birth, marriage, death, the persons is shown by evidence
dates when and the places other than such act or
where these fast occurred, declaration. The word
and the names of the "pedigree" includes relationship,
relatives. It embraces also family genealogy, birth,
facts of family history marriage, death, the dates when
intimately connected with and the places where these
pedigree. (33a) facts occurred, and the names
of the relatives. It embraces also
facts of family history intimately
connected with pedigree. (39a)

Section 40. Family reputation Section 42. Family reputation

or tradition regarding or tradition regarding pedigree.
pedigree. — The reputation or — The reputation or tradition
tradition existing in a family existing in a family previous to
previous to the controversy, in the controversy, in respect to
respect to the pedigree of any the pedigree of any one of its
one of its members, may be members, may be received in
received in evidence if the evidence if the witness testifying
witness testifying thereon be thereon be also a member of the
also a member of the family, family, either by consanguinity,
either by consanguinity or affinity, or adoption. Entries in
affinity. Entries in family bibles family bibles or other family
or other family books or books or charts, engraving on
charts, engravings on rings, rings, family portraits and the
family portraits and the like, like, may be received as
may be received as evidence evidence of pedigree. (40a)
of pedigree. (34a)

Section 41. Common Section 43. Common

reputation. — Common reputation. — Common
reputation existing previous to reputation existing previous to
the controversy, respecting the controversy, as to
facts of public or general boundaries of or customs
interest more than thirty years affecting lands in the community
old, or respecting marriage or and reputation as to events of
moral character, may be given general history important to the
in evidence. Monuments and community, or respecting
inscriptions in public places marriage or moral character,
may be received as evidence may be given in evidence.
of common reputation. (35) Monuments and inscriptions in
public places may be received
as evidence of common
reputation. (41a)

Section 42. Part of res Section 44. Part of the res

gestae. — Statements made gestae. — Statements made by
by a person while a starting a person while a startling
occurrence is taking place or occurrence is taking place or
immediately prior or immediately prior or subsequent
subsequent thereto with thereto, under the stress of
respect to the circumstances excitement caused by the
thereof, may be given in occurrence with respect to the
evidence as part of res gestae. circumstances thereof, may be
So, also, statements given in evidence as part of the
accompanying an equivocal res gestae. So, also, statements
act material to the issue, and accompanying an equivocal act
giving it a legal significance, material to the issue, and giving
may be received as part of it a legal significance, may be
the res gestae. (36a) received as part of the res
gestae. (42a)

Section 43. Entries in the Section 45. Records of

course of business. — Entries regularly conducted business
 made at, or near the time of activity. – A memorandum,
transactions to which they report, record or data
refer, by a person deceased, compilation of acts, events,
or unable to testify, who was conditions, opinions, or
in a position to know the facts diagnoses, made by writing,
therein stated, may be typing, electronic, optical or
received as prima other similar means at or near
facie evidence, if such person the time of or from transmission
made the entries in his or supply of information by a
professional capacity or in the person with knowledge thereof,
performance of duty and in and kept in the regular course or
the ordinary or regular course conduct of a business activity,
of business or duty. (37a) and such was the regular
practice to make the
memorandum, report, record, or
data compilation by electronic,
optical or similar means, all of
which are shown by the
testimony of the custodian or
other qualified witnesses, is
excepted from the rule on
hearsay evidence. (43a)

Section 44. Entries in official Section 46. Entries in official

records. — Entries in official records. – Entries in official
records made in the records made in the
performance of his duty by a performance of his or her duty
public officer of the by a public officer of the
Philippines, or by a person in Philippines, or by a person in the
the performance of a duty performance of a duty specially
specially enjoined by law, enjoined by law, are prima facie
are prima facie evidence of evidence of the facts therein
the facts therein stated. (38) stated. (44a)

Section 45. Commercial lists Section 47. Commercial lists

and the like. — Evidence of and the like. – Evidence of
statements of matters of statements of matters of
interest to persons engaged in interest to persons engaged in
an occupation contained in a an occupation contained in a
list, register, periodical, or list, register, periodical, or other
other published compilation is published compilation is
admissible as tending to prove admissible as tending to prove
the truth of any relevant the truth of any relevant matter
matter so stated if that so stated if that compilation is
compilation is published for published for use by persons
use by persons engaged in engaged in that occupation and
that occupation and is is generally used and relied
generally used and relied upon upon by them therein. (45)
by them therein. (39)

Section 46. Learned Section 48. Learned treatises.

treatises. — A published – A published treatise, periodical
treatise, periodical or or pamphlet on a subject of
pamphlet on a subject of history, law, science, or art is
history, law, science, or art is admissible as tending to prove
admissible as tending to prove the truth of a matter stated
the truth of a matter stated therein if the court takes judicial
therein if the court takes notice, or a witness expert in the
judicial notice, or a witness subject testifies, that the writer
expert in the subject testifies, of the statement in the treatise,
that the writer of the periodical or pamphlet is
statement in the treatise, recognized in his or her
periodical or pamphlet is profession or calling as expert in
recognized in his profession or the subject. (46a)
calling as expert in the
subject. (40a)

Section 47. Testimony or Section 49. Testimony or

deposition at a former deposition at a former
proceeding. — The testimony proceeding. – The testimony or
or deposition of a witness deposition of a witness
deceased or unable to testify, deceased or out of the
given in a former case or Philippines or who cannot, with
proceeding, judicial or due diligence, be found therein,
administrative, involving the or is unavailable or otherwise
same parties and subject unable to testify, given in a
matter, may be given in former case or proceeding,
evidence against the adverse judicial or administrative,
party who had the opportunity involving the same parties and
to cross-examine him. (41a) subject matter, may be given in
evidence against the adverse
party who had the opportunity
to cross-examine him or her.
(47a)

Section 50. Residual

exception. – A statement not
specifically covered by any of
the foregoing exceptions, having
equivalent circumstantial
guarantees of trustworthiness, is
admissible if the court
determines that (a) the
statement is offered as evidence
of a material fact; (b) the
 statement is more probative on
the point for which it is offered
than any other evidence which
the proponent can procure
through reasonable efforts; and
(c) the general purposes of
these rules and the interests of
justice will be best served by
admission of the statement into
evidence. However, a statement
may not be admitted under this
exception unless the proponent
makes known to the adverse
party, sufficiently in advance of
the hearing, or by the pre-trial
stage in the case of a trial of the
main case, to provide the
adverse party with a fair
opportunity to prepare to meet
it, the proponent’s intention to
offer the statement and the
particulars of it, including the
name and address of the
declarant. (n)

7. Opinion Rule
Section 48. General rule. — Section 51. General rule. – The
The opinion of witness is not opinion of a witness is not
admissible, except as admissible, except as indicated
indicated in the following in the following Sections. (48)
Sections. (42)

Section 49. Opinion of expert Section 52. Opinion of expert

witness. — The opinion of a witness. – The opinion of a
witness on a matter requiring witness on a matter requiring
special knowledge, skill, special knowledge, skill,
experience or training which experience, training or
he shown to posses, may be education, which he or she is
received in evidence. (43a) shown to possess, may be
received in evidence. (49a)

Section 50. Opinion of Section 53. Opinion of

ordinary witnesses. — The ordinary witnesses. – The
opinion of a witness for which opinion of a witness, for which
proper basis is given, may be proper basis is given, may be
received in evidence regarding received in evidence regarding –
—
(a) the identity of a person The identity of a person about
about whom he has adequate whom he or she has adequate
knowledge; knowledge;
(b) A handwriting with which
he has sufficient familiarity; A handwriting with which he or
and she has sufficient familiarity;
(c) The mental sanity of a and
person with whom he is
sufficiently acquainted. The mental sanity of a person
The witness may also testify with whom he or she is
on his impressions of the sufficiently acquainted.
emotion, behavior, condition
or appearance of a person. The witness may also testify on
(44a) his or her impressions of the
emotion, behavior, condition or
appearance of a person. (50a)

8. Character Evidence
Section 51. Character Section 54. Character
evidence not generally evidence not generally
admissible; exceptions: — admissible; exceptions. –
(a) In Criminal Cases: Evidence of a person’s character
(1) The accused may prove his or a trait of character is not
good moral character which is admissible for the purpose of
pertinent to the moral trait proving action in conformity
involved in the offense therewith on a particular
charged. occasion, except:
(2) Unless in rebuttal, the
prosecution may not prove his In Criminal Cases:
bad moral character which is
pertinent to the moral trait The character of the offended
involved in the offense party may be proved if it tends
charged. to establish in any reasonable
(3) The good or bad moral degree the probability or
character of the offended improbability of the offense
party may be proved if it tends charged.
to establish in any reasonable
degree the probability or The accused may prove his or
improbability of the offense her good moral character,
charged. pertinent to the moral trait
(b) In Civil Cases: involved in the offense charged.
Evidence of the moral However, the prosecution may
character of a party in civil not prove his or her bad moral
case is admissible only when character unless on rebuttal.
pertinent to the issue of
character involved in the case. In Civil Cases:
(c) In the case provided for in
Rule 132, Section 14, (46a, Evidence of the moral character
47a) of a party in a civil case is
 admissible only when pertinent
to the issue of character
involved in the case.

In Criminal and Civil Cases:

Evidence of the good character

of a witness is not admissible
until such character has been
impeached.

In all cases in which evidence of

character or a trait of character
of a person is admissible, proof
may be made by testimony as to
reputation or by testimony in
the form of an opinion. On cross-
examination, inquiry is allowable
into relevant specific instances
of conduct.

In cases in which character or a

trait of character of a person is
an essential element of a
charge, claim or defense, proof
may also be made of specific
instances of that person’s
conduct. (51a; 14, Rule 132)

RULE 131 RULE 131

Burden of Proof and Burden Of Proof, Burden Of
Presumptions Evidence And Presumptions

Section 1. Burden of proof. — Section 1. Burden of proof and

Burden of proof is the duty of burden of evidence. – Burden of
a party to present evidence on proof is the duty of a party to
the facts in issue necessary to present evidence on the facts in
establish his claim or defense issue necessary to establish his
by the amount of evidence or her claim or defense by the
required by law. (1a, 2a) amount of evidence required by
law. Burden of proof never
shifts.

Burden of evidence is the duty

of a party to present evidence
sufficient to establish or rebut a
fact in issue to establish a prima
facie case. Burden of evidence
 may shift from one party to the
other in the course of the
proceedings, depending on the
exigencies of the case. (1a)

Section 2. Conclusive Section 2. Conclusive

presumptions. — The following presumptions. – The following
are instances of conclusive are instances of conclusive
presumptions: presumptions:
(a) Whenever a party has, by
his own declaration, act, or Whenever a party has, by his or
omission, intentionally and her own declaration, act, or
deliberately led to another to omission, intentionally and
believe a particular thing true, deliberately led another to
and to act upon such belief, he believe a particular thing true,
cannot, in any litigation arising and to act upon such belief, he
out of such declaration, act or or she cannot, in any litigation
omission, be permitted to arising out of such declaration,
falsify it: act or omission, be permitted to
(b) The tenant is not permitted falsify it; and
to deny the title of his landlord
at the time of commencement The tenant is not permitted to
of the relation of landlord and deny the title of his or her
tenant between them. (3a) landlord at the time of the
commencement of the relation
of landlord and tenant between
them. (2a)

Section 3. Disputable Section 3. Disputable

presumptions. — The following presumptions. — The following
presumptions are satisfactory presumptions are satisfactory if
if uncontradicted, but may be uncontradicted, but may be
contradicted and overcome by contradicted and overcome by
other evidence: other evidence:
(a) That a person is innocent
of crime or wrong; That a person is innocent of
(b) That an unlawful act was crime or wrong;
done with an unlawful intent;
(c) That a person intends the That an unlawful act was done
ordinary consequences of his with an unlawful intent;
voluntary act;
(d) That a person takes That a person intends the
ordinary care of his concerns; ordinary consequences of his or
(e) That evidence willfully her voluntary act;
suppressed would be adverse
if produced; That a person takes ordinary
(f) That money paid by one to care of his or her concerns;
another was due to the latter;
 (g) That a thing delivered by That evidence willfully
one to another belonged to suppressed would be adverse if
the latter; produced;
(h) That an obligation
delivered up to the debtor has That money paid by one to
been paid; another was due to the latter;
(i) That prior rents or
installments had been paid That a thing delivered by one to
when a receipt for the later another belonged to the latter;
one is produced;
(j) That a person found in That an obligation delivered up
possession of a thing taken in to the debtor has been paid;
the doing of a recent wrongful
act is the taker and the doer of That prior rents or installments
the whole act; otherwise, that had been paid when a receipt
things which a person possess, for the later one is produced;
or exercises acts of ownership
over, are owned by him; That a person found in
(k) That a person in possession of a thing taken in
possession of an order on the doing of a recent wrongful
himself for the payment of the act is the taker and the doer of
money, or the delivery of the whole act; otherwise, that
anything, has paid the money things which a person
or delivered the thing possesses, or exercises acts of
accordingly; ownership over, are owned by
(l) That a person acting in a him or her;
public office was regularly
appointed or elected to it; That a person in possession of
(m) That official duty has been an order on himself or herself for
regularly performed; the payment of the money, or
(n) That a court, or judge the delivery of anything, has
acting as such, whether in the paid the money or delivered the
Philippines or elsewhere, was thing accordingly;
acting in the lawful exercise of
jurisdiction; That a person acting in a public
(o) That all the matters within office was regularly appointed or
an issue raised in a case were elected
laid before the court and to it;
passed upon by it; and in like
manner that all matters within That official duty has been
an issue raised in a dispute regularly performed;
submitted for arbitration were
laid before the arbitrators and That a court, or judge acting as
passed upon by them; such, whether in the Philippines
(p) That private transactions or elsewhere, was acting in the
have been fair and regular; lawful exercise of jurisdiction;
(q) That the ordinary course of
business has been followed; That all the matters within an
 (r) That there was a sufficient issue raised in a case were laid
consideration for a contract; before the court and passed
(s) That a negotiable upon by it; and in like manner
instrument was given or that all matters within an issue
indorsed for a sufficient raised in a dispute submitted for
consideration; arbitration were laid before the
(t) That an endorsement of arbitrators and passed upon by
negotiable instrument was them;
made before the instrument
was overdue and at the place That private transactions have
where the instrument is dated; been fair and regular;
(u) That a writing is truly
dated; That the ordinary course of
(v) That a letter duly directed business has been followed;
and mailed was received in
the regular course of the mail; That there was a sufficient
(w) That after an absence of consideration for a contract;
seven years, it being unknown
whether or not the absentee That a negotiable instrument
still lives, he is considered was given or indorsed for a
dead for all purposes, except sufficient consideration;
for those of succession.
The absentee shall not be That an indorsement of a
considered dead for the negotiable instrument was made
purpose of opening his before the instrument was
succession till after an overdue and at the place where
absence of ten years. If he the instrument is dated;
disappeared after the age of
seventy-five years, an That a writing is truly dated;
absence of five years shall be
sufficient in order that his That a letter duly directed and
succession may be opened. mailed was received in the
The following shall be regular course of the mail;
considered dead for all
purposes including the division That after an absence of seven
of the estate among the heirs: years, it being unknown whether
(1) A person on board a vessel or not the absentee still lives, he
lost during a sea voyage, or an or she is considered dead for all
aircraft with is missing, who purposes, except for those of
has not been heard of for four succession.
years since the loss of the
vessel or aircraft; The absentee shall not be
(2) A member of the armed considered dead for the purpose
forces who has taken part in of opening his or her succession
armed hostilities, and has until after an absence of ten
been missing for four years; years. If he or she disappeared
(3) A person who has been in after the age of seventy-five
danger of death under other years, an absence of five years
 circumstances and whose shall be sufficient in order that
existence has not been known his or her succession may be
for four years; opened.
(4) If a married person has
been absent for four The following shall be
consecutive years, the spouse considered dead for all purposes
present may contract a including the division of the
subsequent marriage if he or estate among the heirs:
she has well-founded belief
that the absent spouse is A person on board a vessel lost
already death. In case of during a sea voyage, or an
disappearance, where there is aircraft which is missing, who
a danger of death the has not been heard of for four
circumstances hereinabove years since the loss of the vessel
provided, an absence of only or aircraft;
two years shall be sufficient
for the purpose of contracting A member of the armed forces
a subsequent marriage. who has taken part in armed
However, in any case, before hostilities, and has been missing
marrying again, the spouse for four years;
present must institute a
summary proceedings as A person who has been in
provided in the Family Code danger of death under other
and in the rules for declaration circumstances and whose
of presumptive death of the existence has not been known
absentee, without prejudice to for four years; and
the effect of reappearance of
the absent spouse. If a married person has been
(x) That acquiescence resulted absent for four consecutive
from a belief that the thing years, the spouse present may
acquiesced in was contract a subsequent marriage
conformable to the law or fact; if he or she has a well-founded
(y) That things have happened belief that the absent spouse is
according to the ordinary already dead. In case of
course of nature and ordinary disappearance, where there is a
nature habits of life; danger of death, the
(z) That persons acting as circumstances hereinabove
copartners have entered into a provided, an absence of only
contract of copartneship; two years shall be sufficient for
(aa) That a man and woman the purpose of contracting a
deporting themselves as subsequent marriage. However,
husband and wife have in any case, before marrying
entered into a lawful contract again, the spouse present must
of marriage; institute summary proceedings
(bb) That property acquired by as provided in the Family Code
a man and a woman who are and in the rules for declaration
capacitated to marry each of presumptive death of the
other and who live exclusively absentee, without prejudice to
 with each other as husband the effect of reappearance of
and wife without the benefit of the absent spouse;
marriage or under void
marriage, has been obtained That acquiescence resulted from
by their joint efforts, work or a belief that the thing
industry. acquiesced in was conformable
(cc) That in cases of to the law or fact;
cohabitation by a man and a
woman who are not That things have happened
capacitated to marry each according to the ordinary course
other and who have acquire of nature and ordinary nature
properly through their actual habits of life;
joint contribution of money,
property or industry, such That persons acting as
contributions and their copartners have entered into a
corresponding shares contract of copartnership;
including joint deposits of
money and evidences of credit That a man and woman
are equal. deporting themselves as
(dd) That if the marriage is husband and wife have entered
terminated and the mother into a lawful contract of
contracted another marriage marriage;
within three hundred days
after such termination of the That property acquired by a man
former marriage, these rules and a woman who are
shall govern in the absence of capacitated to marry each other
proof to the contrary: and who live exclusively with
(1) A child born before one each other as husband and wife,
hundred eighty days after the without the benefit of marriage
solemnization of the or under a void marriage, has
subsequent marriage is been obtained by their joint
considered to have been efforts, work or industry;
conceived during such
marriage, even though it be That in cases of cohabitation by
born within the three hundred a man and a woman who are not
days after the termination of capacitated to marry each other
the former marriage. and who have acquired property
(2) A child born after one through their actual joint
hundred eighty days following contribution of money, property
the celebration of the or industry, such contributions
subsequent marriage is and their corresponding shares,
considered to have been including joint deposits of
conceived during such money and evidences of credit,
marriage, even though it be are equal;
born within the three hundred
days after the termination of That if the marriage is
the former marriage. terminated and the mother
(ee) That a thing once proved contracted another marriage
to exist continues as long as is within three hundred days after
usual with things of the such termination of the former
nature; marriage, these rules shall
(ff) That the law has been govern in the absence of proof
obeyed; to the contrary:
(gg) That a printed or
published book, purporting to A child born before one hundred
be printed or published by eighty (180) days after the
public authority, was so solemnization of the subsequent
printed or published; marriage is considered to have
(hh) That a printed or been conceived during such
published book, purporting marriage, even though it be
contain reports of cases born within the three hundred
adjudged in tribunals of the days after the termination of the
country where the book is former marriage; and
published, contains correct
reports of such cases; A child born after one hundred
(ii) That a trustee or other eighty (180) days following the
person whose duty it was to celebration of the subsequent
convey real property to a marriage is considered to have
particular person has actually been conceived during such
conveyed it to him when such marriage, even though it be
presumption is necessary to born within the three hundred
perfect the title of such person days after the termination of the
or his successor in interest; former marriage;
(jj) That except for purposes of
succession, when two persons That a thing once proved to
perish in the same calamity, exist continues as long as is
such as wreck, battle, or usual with things of that nature;
conflagration, and it is not
shown who died first, and That the law has been obeyed;
there are no particular
circumstances from which it That a printed or published
can be inferred, the book, purporting to be printed or
survivorship is determined published by public authority,
from the probabilities resulting was so printed or published;
from the strength and the age
of the sexes, according to the That a printed or published
following rules: book, purporting to contain
1. If both were under the age reports of cases adjudged in
of fifteen years, the older is tribunals of the country where
deemed to have survived; the book is published, contains
2. If both were above the age correct reports of such cases;
sixty, the younger is deemed
to have survived; That a trustee or other person
3. If one is under fifteen and whose duty it was to convey real
the other above sixty, the property to a particular person
former is deemed to have has actually conveyed it to him
 survived; or her when such presumption is
4. If both be over fifteen and necessary to perfect the title of
under sixty, and the sex be such person or his or her
different, the male is deemed successor in interest;
to have survived, if the sex be
the same, the older; That except for purposes of
5. If one be under fifteen or succession, when two persons
over sixty, and the other perish in the same calamity,
between those ages, the latter such as wreck, battle, or
is deemed to have survived. conflagration, and it is not
(kk) That if there is a doubt, as shown who died first, and there
between two or more persons are no particular circumstances
who are called to succeed from which it
each other, as to which of can be inferred, the survivorship
them died first, whoever is determined from the
alleges the death of one prior probabilities resulting from the
to the other, shall prove the strength and the age of the
same; in the absence of proof, sexes, according to the following
they shall be considered to rules:
have died at the same time.
(5a) If both were under the age of
fifteen years, the older is
deemed to have survived;

If both were above the age of

sixty, the younger is deemed to
have survived;

If one is under fifteen and the

other above sixty, the former is
deemed to have survived;

If both be over fifteen and under

sixty, and the sex be different,
the male is deemed to have
survived, if the sex be the same,
the older; and

If one be under fifteen or over

sixty, and the other between
those ages, the latter is deemed
to have survived;

That if there is a doubt, as

between two or more persons
who are called to succeed each
other, as to which of them died
first, whoever alleges the death
 of one prior to the other, shall
prove the same; in the absence
of proof, they shall be
considered to have died at the
same time. (3a)

Section 4. No presumption of Section 4. No presumption of

legitimacy or illegitimacy. — legitimacy or illegitimacy. –
There is no presumption of There is no presumption of
legitimacy of a child born after legitimacy or illegitimacy of a
three hundred days following child born after three hundred
the dissolution of the marriage days following the dissolution of
or the separation of the the marriage or the separation
spouses. Whoever alleges the of the spouses. Whoever alleges
legitimacy or illegitimacy of the legitimacy or illegitimacy of
such child must prove his such child must prove his or her
allegation. (6) allegation. (4a)

Section 5. Presumptions in
civil actions and proceedings. –
In all civil actions and
proceedings not otherwise
provided for by the law or these
Rules, a presumption imposes
on the party against whom it is
directed the burden of going
forward with evidence to rebut
or meet the presumption.

If presumptions are inconsistent,

the presumption that is founded
upon weightier considerations of
policy shall apply. If
considerations of policy are of
equal weight, neither
presumption applies. (n)

Section 6. Presumption
against an accused in criminal
cases. – If a presumed fact that
establishes guilt, is an element
of the offense charged, or
negates a defense, the
existence of the basic fact must
be proved beyond reasonable
 doubt and the presumed fact
follows from the basic fact
beyond reasonable doubt. (n)

EXPLANATORY NOTES
RULE 128
GENERAL PROVISIONS

Section 1. Evidence defined.

 Problems in Evidence
1. Determine which pieces of evidence is admissible;
2. Proper presentation so that the court will consider it in
resolving issues and deciding the case.

 Three types of truth

1. Factual or moral truth- what the court seeks to know;
2. Judicial truth- truth found by the courts based on the
evidence presented; and
3. Ideal/ Perfect justice-when the judicial truth is the same
with the factual truth.
 Proof vs. Evidence
Proof – effect of evidence
Evidence – medium of proof
 Factum probans vs. Factum probandum
Factum probans –
The facts or material evidencing the fact or
proposition to be established; Evidentiary fact
tending to prove the fact in issue
Factum probandum –
The facts or proposition to be established or
proved;
 Classification of Evidence
1. Direct - no need to make an inference from another
fact;
 2. Circumstantial - taken singularly or collectively
indirectly;
When circumstantial evidence is sufficient for
conviction:
a. More than one;
b. The facts from which the interferences
are derived are proven; and
c. Beyond reasonable doubt;
3. Positive Evidence- witness affirms in the stand;
4. Negative Evidence- denies the existence of fact:
5. Best evidence/ Primary evidence - greatest certainty of
fact sought to be proved, and which does not in itself,
indicate the existence of other and better proof.
6. Secondary Evidence - necessary inferior and shows on
its face that a better evidence exists;
7. Conclusive evidence - incontrovertible
8. Prima facie evidence - sufficient to establish the factum
probandum if no evidence to the contrary appears;
9. Cumulative evidence - additional evidence of the same
kind and character as that already given and tends
to prove the same proposition;
10. Corroborative evidence - additional evidence of a
different kind;
 Sources of Rules on Evidence
1. Rules of Court;
2. Constitution;
3. Special laws;
4. Revised Penal Code;
5. Civil Code;
6. Jurisprudence; and
7. Supreme Court Circulars.
 Rules on Evidence liberally construed;
 As a GENERAL RULE, parties cannot waive Rules on Evidence
either by stipulation or contract, EXCEPT rules that are
 merely for the protection of witnesses. However, rules which
are grounded on public policy cannot be waived.
Sec. 2. Scope. –
 The rules on evidence shall be the same in all courts and in
all trials and hearings except as otherwise provided by law
or these rules;
Sec. 3. Admissibility of evidence. –
 Admissibility vs weight (W-RED CASE);
 Testimony admitted because she was competent to testify
but it doesn’t mean it has weight;
 When and under what circumstances are admitted and even
if admitted is it given weight? CASE;
 Secondary evidence are being admitted as long as proved
that you cannot produce best evidence;
Sec. 4. Relevancy; collateral matters. –
EXPLANATORY NOTES
RULE 129
WHAT NEED NOT BE PROVED

Section 1. Judicial notice, when mandatory.

 What cases are taken judicial notice of by court wo need of
hearing or motion;
 Principle of correlation and allegations: Each party must
prove his allegation. The burden is on whoever alleges.
Allegation remains alleged unless proved by the quantum of
evidence required;
 Courts limit itself to evidence presented properly;
 If you forget to offer an evidence, it is fatal to your case;
 Principle of non proba: You cannot prove what you did not
allege such as age, then qualified rape cannot be had etc..
Cannot prove fraud if u did not allege the same in complaint;
 Certain situations a person is relieved from presenting
evidence:
1) Matters subject of Judicial Notice in sec. 1
2) Subject of Judicial Admission in sec. 4
3) Legally presumed
 4) Stipulated upon by parties and counsels such as if a
document is existing and genuine then no need to present
original. Stipulation found in pre-trial order.
5) Exclusively within knowledge of opposing party;
6) Irrelevant;
7) Nature of negative allegations subject to certain
exemptions;
 What is judicial notice? It is the taking cognizance of matters
without need of evidence. Examples are in section 1
 General Classification:
a) Adjudicative matters such as those affecting
outcome of case such as travel time, accidental shooting and
the kind of gun is one that cannot cause accidental shooting,
shorter days during December but the person saw the
stabbing, but nighttime not even alleged so why are you
saying nighttime;
b) Legislative matters such as existence of a law or
principle such as increase of age of criminal liability because
it is already provided for by law, gun ban, heinous crimes;
 Equality of states, EDSA 1 and 2, cabinet system, Manila as
capital, acts of Congress, decisions of law on gravity,
measures of time;

Sec. 2. Judicial notice, when discretionary.

 “may” not “shall” meaning, there is a choice;
 Even if public knowledge but if court is not convinced,
cannot take judicial notice;
 Even if judge knows it but it is not public knowledge, cannot
take judicial notice;
 Public knowledge (First Group)
First requirement is notoriety of facts or facts are well and
publicly known not only in a single community but
widespread;
Second is well and authoritatively settled, within territorial
jurisdiction of court. For example if Laguna, cannot be
controlling in Bulacan;
 Existence of Sacred Heart here in Malolos is discretionary;
  Facts of local history;
 Public knowledge (Second Group)
Capable of unquestionable determination such as poison
kills, boiling water kills, shooting in head kills, skid marks
also tells us at what angle car stops at a speed 60-140, it
also tells what direction vehicle was coming from in
collisions. For ships, “aground.” Pag mababa masyado
nagsasadsad kaya hinihila papalapit sa pier by barges.
Makikita sa bottom nung barko skid marks;
 Foreign law always proven. Cannot take judicial notice
except
1 Foreign treaty and Philippines is a signatory such as
Spanish Penal Code for Philippine RPC;
2 Cases pending in other courts but you can request;

Sec. 3. Judicial notice, when hearing necessary.

 Tundag Case
 Taking JN of minority improper. Hearing is required in JN of
age. It is not mandatory to take JN thus if not mandatory
then it is discretionary;
 Prejudicial notice, there was no hearing;
 Puruna Case (2yrs after Tundag.) – there is still need to
prove existence/execution of live birth or other supporting
records in event of its unavailability;

Sec. 4. Judicial admissions.

 Effect: Person is bound by it. Only way it may be
contradicted is in second sentence. Must prove that there is
palpable mistake;
 OR: amendment
 A party who makes a judicial admission cannot later on
challenge it.
 General Rule: Such as denials in the answer. If as counsel
you do not specifically deny allegations in a complaint, it is
fatal. You can be administratively charged in the IBP;
 Violation of an SSS regulation, example. PMC only. Counsel
unknowingly waived right to present evidence and impliedly
admitted to crime;
 Concept of JA: A party who has admitted something
voluntarily is naturally expected to know its consequences;
 2 types:
Judicial Admission – made in the course of proceedings
where evidence is to be used and is governed by sec 4;
Extrajudicial Admission. - made outside of proceedings
where evidence is intended to be used;
 Yatar Case
 Galleno Case – answers question in quiz about legal wife.
Denial of Motion for Intervention was not proper. MI filed by
Josephina claiming to be real wife. Teresita filed her reply in
Answer and everything contained is a judicial admission
taken against her. Partition is a course of proceeding;
 Life and soul of evidence is civil and criminal procedure and
special proceedings;
 NOW ORAL, not verbal. Extrajudicial not included in sec 4.
 Is tipulation of facts a judicial Admission? CASE: Diego vs
Sandiganbayan and People;
 Corroborative value of JA does it take place of evidence?
Same value of evidence if properly admitted;
 Solayao Case – he should not be guilty because the subject
firearm was inadmissible because it was the product of an
unlawful search. Also, mere admission is not enough. There
must be evidence proving such guilt. Extra judicial admission
should not be given weight because other circumstances
may be used proving such guilt. The admission was
extrajudicial in character and therefore not covered by this
section thus it is not a JA.
 There is no JA in amended pleadings because the original
pleading loses status. Also, Solilia Case. Also, Servicewide
Case. Admissions made in responsive pleadings not JA but
merely extra judicial;

EXPLANATORY NOTES
RULE 130 RULES OF ADMISSIBILITY
 A. OBJECT (REAL) EVIDENCE

Section 1. Object as evidence.

 What you see what you touch feel hear smell and taste ;
 Qualification is that it is RELEVANT IF IT IS then it may be
exhibited, examined, inspection such as ocular ins of the
crime scene or viewed by the court;
 Baril and ammunition ;
B. DOCUMENTARY EVIDENCE

Sec. 2. Documentary evidence.

 Amendment includes in the enumeration what documents
because there was confusion WHAT ARE DOCUMENTARY
EVIDENCE.
 DOCUMENTS AS EVIDENCE, consist of this. MEMORIZE.
 Recordings, yes document;
 Moans, music, hum, yes documents;
 Or their equivalent for as long as they are OFFERED AS
PROOF OF THEIR CONTENTS. Every evidence, are offered the
purpose are offered. (testimonial etc documentary etc)
 Second sentence entirely new sentence. Memorize. Stored
images need clarification;
 Remember cases of Yatar. Read Laaraga Case;
 Case also of Cabangis. VERY GOOD CASE;
 Cases enable you to tell which are violative of self-
incrimination and object evidence;

1. Original Document Rule

Sec. 3. Original document must be produced; exceptions.

 This used to be the Best Evidence Rule. But DO NOT read old
rules. Read new rules.
 Supreme Court annoyed at those who say “Violative of best
evidence rule” It is applicable only when contents of
documents are disputed;
 So say “violative of Original Document rule”;
  It says: Original MUST be produced. MANDATORY. But with
exceptions.
 How do you prove loss/destruction of original?
1. By any person who knows fact of its loss/destruction;
2. By any person who makes a bona fide search of place
where document is allegedly placed and was unable to find it
there;
3. By any person who makes an investigation because
docu was indeed lost.
 Kailangan may pic sa brgy, na nag iimbertaryo. Ni tanod at
DOJ. Kung ano ang ninakaw etc. But if puro photocopy,
nothing is admissible except the following.
a. LOSS but without bad faith of offeror;
b. Opposing party and he holds original. Cannot be
produce because evidence will be adverse to him.
There should be a notice. THIS is the amendment
because court is confused. OR LAST SENTENCE,
subpoena is sent etc but to no avail. Then you can
present a copy.
c. When too impractical;
d. Public records, this is ok and is in the rule ever since
because bawal ilabas anything of public record. Do
not get original copies from RD the personnel may
lose his job. RD workers go to court bringing original.
Blotter book also a public record so state it only and
do not bring it.
 Letter e is new. Exactly our point. Driver’s license for mere
identification, not closely related;

Sec. 4. Original of document. —

 MEMORIZE
 Definition of the original document;
 Carbon etc. when you print it, that is original;
 What is an original of a photograph? Includes the negative
and any print therefrom. How about data stored in similar
device etc in smartphones, that is “similar device” and those
able to reflect the data accurately;
  Letter b: differentiates duplicate from original. Amendments
are necessary for your better understanding;
 Letter c: admissible UNLESS. You questioned what was in the
phone because readable by sight. These are the types of
legislation that gives elbow rule. There is really no right or
no, so crafted that either party may win provided argument
is solid and supported by facts, law and constitution.

2. Secondary Evidence

Sec. 5. When original document is unavailable.

 Original is NOT AVAILABLE. Meaning not that it’s lost or no
longer existing. Just not available. (?)
 If there is proof or allegation that it is lost, PROVE that it is
lost. First DUTY is to establish that it is EXISTING, then that it
was LOST or DESTROYED;
 Last qualification is without bad faith on the part of offeror;
 When you are able to establish that in a secondary evidence,
its due existence and execution and how it was
lost/destroyed in any manner unavailable, only then is it
allowed to prove contents of documents by a mere copy. Or
CTC. Or Certified photocopy of a photocopy;
 How do you prove a secondary evidence? By a copy or CTC
or recital of its contents in some authentic document or
testimony of a witness in the order stated;
 Must be relevant to the fact in issue before it can be
admitted;
 Test of secondary evidence is not its inferiority;
Sec. 6. When original document is in adverse party's
custody or control. –
 Word she has been added because it is gender sensitive;
 How to prove due existence:
1) By any person who executed and signed original
writing;
2) By any person who is present and saw the document
executed and signed;
3) By any person who after execution of document saw
the same and recognized signature of parties therein;
 4) By any person to whom said parties previously
confessed execution thereof;
 How prove contents of a writing
1) copy of a writing;
2) recital of its contents in some authentic document;
3) testimony of witnesses in the order stated BUT
COLLATILLA FIRST PROVE DUE EXECUTION, EXISTENCE,
SUBSEQUENT LOSS/DESTRUCTION/UNAVAILABILITY;
 Is there anything u observed? Document as evidence or any
object as evidence ALWAYS needs a TESTIMONIAL SPONSOR.
Document cannot speak for itself. “by any person who” is
repeated;
Sec. 7. Summaries. –

 Entirely new provision and has to be related to… letter c of

sec 3 under original document rule. There is similar
provision. In secondary evidence there is also correlative
provision;
 When contents of a document etc READ but if what you want
to prove is the mere summary of entire volume then it may
be proved by a chart. Summary or calculation;
 Originals so summarized, graphs or calculation must be
ready for inspection or examination at any reasonable time
by the other party;

Sec. 8. Evidence admissible when original document is a

public record.
 Original document rule under D of sec 3 par 1 of rule 130.
There is also a similar reference;
 This particular section refers to a secondary evidence. First
one is original document rule;
Sec. 9. Party who calls for document not bound to offer it.
—

 Assuming your lawyer calls for a document from adverse

party, you are not bound to offer it as evidence. Iba ung
imamark mo sa ifoformally offer mo sya in court ast part of
your document evidence;
  The presentation of object and document evid requires
testimonial consort;
3. Parol Evidence Rule
Sec. 10. Evidence of written agreements. —
 What is the general rule here? Read 1st par. What is the
exception? Read 2nd.
 It includes wills;
 Pleading modified to a VERIFIED. You can put it into issue na
it is not verified. The court then will not consider.;
 What does parole mean? French word means “mock” or oral
statement;
 Evidence of a contemporaneous verbal agreement or prior
agreement does not contradict a valid written agreement;
 Parole explains meaning of contracts. Does not have as its
purpose hiding or adding details contemporaneous or prior
conditions which are not mentioned in the writing itself
unless there is fraud or mistake;
 Written contract is generally unalterable. Parties are bound
by it;
 Under what instances is parole evidence admissible:
1) prove condition/stipulation prior to the existence of
the contract;
2) to show that there was duress or fraudulent
misrepresentation based on the written contract;
3) that the mortgage was executed without
consideration; Everland case
4) to prove that parole is the motivating cause of the
agreement; Mactan case;
5) the contract is fictitious and simulated which affects
the contract;
 When is PE on the other hand not admissible?
1) case of inersia vs CA . There is a verbal renewal of a
lease.
 Intrinsic ambiguity – mistake or imperfection in the written
agreement not expressing true agreement. Palanca case.
REFORMATION of contracts. You should know when to avail
 reformation or parole evidence is the necessary remedy.
FAVE TOPIC SO REVIEW;
 When is there imperfection in the writing? This is extrinsic
amibuity. Imperfection - statement is inaccurate, imcomplete
or inconsistent. In which case, REFORMATION and not PE.
 Where is there mistake in writing? Mistake is error in what
was agreed upon. Bpi vs surety. Mistake is mutual in both
parties
 Other word for intrinsic ambiguity is latent ambuiguity.
Extrinsic is patent ambiguity and is one which appears on
the face of the writing. But if patent, PE is also not
admissible.
 Latent-not necessarily obvious. PE may be introduced.
 False description – not sufficiently described. Car is in a
House outside Makati and not inside for ex. Reformation is
the remedy;
 Fraud – when is there fraud? Thru insidious works of party
other is induced to enter into contract without which he
would not have executed.
 Conditions necessary to produce fraud:

1 material and serious

2) employed by 1 party only
3) deliberate intent to deceive
4) other party must rely on such stmt whch turns out
later to be untrue
4. Interpretation of Documents

Sec. 11. Interpretation of a writing according to its legal

meaning.
Sec. 12. Instrument construed so as to give effect to all
provisions.
Sec. 13. Interpretation according to intention; general
and
Sec. 14. Interpretation according to circumstances.
Sec. 15. Peculiar signification of terms.
Sec. 16. Written words control printed.
Sec. 17. Experts and interpreters to be used in explaining
certain writings.
Sec. 18. Of two constructions, which preferred.
Sec. 19. Construction in favor of natural right.
Sec. 20. Interpretation according to usage.
 Used to be sec 10 until 19, now 11-20 no change.
 Only amended to become gender sensitive.

C. TESTIMONIAL EVIDENCE

1. Qualification of Witnesses

Sec. 21. Witnesses; their qualifications.

 Who are witnesses. 1st
 Testimonial duty may be invoked by the state by due notice.
This is subpoena.
 Subpoena ad testificandum – called to testify;
 Subpoena duces tecum – produce document in court;
 Subpoena duces tecum ad testificandum – called to produce
same in court and to testify thereon;
 If no valid ground to testify you may move to quash the
subpoena;
 Subpoena not an independent process. Issued in connection
with an existing case;
 WHO IS A WITNESS? Is a NATURAL person whose statements
and declaration under oath are made upon oral examination
or thru deposition or affidavit before any tribunal judicial or
otherwise subject to qualifications under the laws;
 How does a person qualify to be a witness? He must be
competent. To be competent he must have legal capacity to
testify. Art 820, 821, 822, 823;
 May a convicted felon be qualified? Yes. Sorrel Case. Sound
mind, 18, not blind, deaf or dumb, read and write may be
witnesses
 Disqualification – not domiciled, falisification, perjury;
 How do you define competency of witness? Legal fitness of a
wtiness to be heard on a trial of a case;
 Is there such thing as presumption of competence? Yes.
Opposing counsel has to prove he is competent;
  If disqualified in a will, not always disqualified to be
witnesses in court;
 Never answer on credibility of a witness. It has nothing to do
with qualification. QUALIFICATION vs. CREDIBILITY. Your job
to prove that he is credible. To be a witness simply
perceiving etc.
 Memorize exclusionary principle under constitution;
 In case of Brillantes, issue is not prescription;
 Perjury etc causes a disqualification in will but not in court.
As long as perceiving;
 Can a person resist production of private books on ground of
self-incrimination? It depends. WON private book contain
testimonial declaration of the person asserting the privilege
if it does then self incriminating. If not, privilege may not be
invoked;
 Privilege applies only on testimonial compulsion to produce
evidence. Fisher Case.
 Write on paper to produce signature handwriting sample and
use as evidence against him. Beltran v Samson. It is not a
mere mechanical act thus self incriminatory;
 Court must receive evidence on disputed facts only;
 What if capable of perception pero cannot communicate.
Blind still can perceive by other means and she he can make
know it. Pero if mute and no means to express by sign or
other medium, how can u narrate the perception to others. A
PERSON INCAPABLE OF NARRATION IS PRO TANTO DQ TO
TESTIFY IN COURT;
 May an accused be allowed to testify yes. Atty yes.
Accomplice yes. Kasi yun lang ang qualification. Persons
convicted of a crime.

[Section 21. Disqualification by reason of mental

incapacity or immaturity. (Deleted)]

Sec. 22. Testimony confined to personal knowledge. –

 This used to be 36 of the old rule. Has been transposed here.
 Only gender sensitive;
Sec. 23. Disqualification by reason of marriage. –
  Former sec 22
 One of those which you refer to as specific grounds for
disqualification;
 Before, there are “general grounds” such as immaturity,
incapacity. But it was removed so special nalang;
 Changed from neither to “cannot testify”
 General rule - during marriage cannot testify against each
other;
 Exception is absence of domestic tranquility, identity of
interest and is presumed by law, and last is danger of
perjury does anymore exist;
 To be able to invoke sec. 23 privilege, THE REQUISITES are
the spouse for or against whom the testimony is offered is a
PARTY to the case, second that they are legally married,
third is that the case is not by one against the other;
 May be waived by neglecting to object in time; FRANCISCO
Case
 Why is there such a rule? To preserve marriage
relation/communal interest;
 ORDONIO Case; marriage so strained
Sec. 24. Disqualification by reason of privileged
communications.
 Way to understand it is to compare it with old and new;
 Letter A is different from sec 23. Sec. 24, the first one means
it is a privilege NOT to testify against each other. Sec 23
disqualidies spouses to testify. Sec. 24 is a mere privilege
that you can opt to avail or not. The other one is total
disqualification. Sec. 24 is during after. Sec. 23 is only
during;
 Another difference is only as to any communication received
in confidence except in any civil case etc
 Letter B is an extension. Before, only secretaries,
stenographer or clerk of the atty. But the amendments now
include any other person because today many people
practice law without actually passing the bar.
 Again, this pertains to testifying in court only and not
necessarily to a will.
  Examination must be with consent with respect to ANY
communication even without a formal engagement of your
services as counsel. Even just with the end of securing your
services in view. In relation to ethics. LAWYER is disqualified
by reason of PRIVILEGED COMMUNICATION RULE.
 Usually consent is in writing especially when there is conflict
in interest;
 The enumeration tells us the exception except i. because
nasa ethics rin yon.
 Par c. if you compare it, this used to include only medicine
obstetrics and surgery.
 What is psychotherapist? The one responsible for treatment.
Psychologist is the one that gives diagnosis.
 There are also people pretending to be priests.
 Letter e – or after tenure…
 Last paragraph totally new amendment

2. Testimonial Privilege

Sec. 25. Parental and filial privilege. –

Sec. 26. Privilege relating to trade secrets.

3. Admissions and Confessions

Sec. 27. Admission of a party. –

Sec. 28.
Sec. 29. Admission by third party.
Sec. 30. Admission by co-partner or agent.

 New qualifying phrase

 “authorized”, “within scope of authority”
 To be admissible, the partner/agents must be within
authority and that statement was made in subject of inquiry
because it was authorized
 Must be proved that it is during existence of
partnership/authority

Sec. 31. Admission by conspirator.

  Amendment: in furtherance of the conspiracy and during its
existence.
 US vs Reymundo
 How prove conspiracy? Overt act, two or more persons
during the commission and in furtherance of the conspiracy;
Sec. 32. Admission by privies.
Sec. 33. Admission by silence.

 Understands truth of the facts

 Circ are such as to afford him to speak freely
 Statements is under such circ as to call for a comment
 If you do not speak in defense of yourself another person can
speak
 Used when there are persons other than the victim and
perpetrator in the scene of the crime

Sec. 34. Confession. –

 Defined in the rules;
 It should be voluntary, assistance of counsel, express and in
writing;
 Presumed that person is of normal mind;
 No one will say I killed that person;
 So when made in court, admissible;
 Focus in bar is usually extrajudicial confession;
 Once the prosecution your duty to prove admissibility of
confession, that it is compliant with constitutional
requirements;
 Confession is acknowledgement of guilt while admission is
statement direct or implied of facts telling the true guilt;
 Two kinds of involuntary product of torture/violence and
those even without benefit of
 Implied confession? None.
 Confession must be direct positive and express
acknowledgement
 Interlocking confessions: there are identical confirmatory
confession without collusion. These are admissible.
4. Previous Conduct As Evidence

Sec. 35. Similar acts as evidence. –

 He or she
 As s GR not allow to prove accused did or did not do an act
in the past prior to the incident in question. The only time it
 is allowed is if your purpose is to prove a specific intent,
identity, plan, system, custom and the like;
 Applicable to civil and criminal cases
 RATIONALE: If admitted it will be proving collateral evidence
(inadmissible) without a logical connection to the issue in
question;
Sec. 36. Unaccepted offer. –
 Self-explanatory
 Relate it to Civil Code
[Sec. 36. Testimony generally confined to personal
knowledge; hearsay excluded. (Transposed to Sec. 22.
Testimony confined to personal knowledge.)]

5. Hearsay

Sec. 37. Hearsay. –

 Not applicable to independently relevant statements;

 WHEN is a statement not hearsay, check 2nd paragraph;
 What is INDEPENDENTLY RELEVANT STATEMENTS RULE?
When statements are fact in issue, the testimony of witness
is not hearsay;
 When witness testifies as to making of a contract, it is not
hearsay if it is offered to prove tenor of a contract and not
whether or not it was made;
 Regardless of the truth or falsity of a witness’ statement,
when what is relevant to the fact in issue is made, it is
admitted because it was not offered to prove falsity of
statement;
 Example of an IRS-those which are circumstantial to the fact
in issue;

6. Exceptions To The Hearsay Rule

Sec. 38. Dying declaration. –

 Gender sensitive
 Anti mortem statement prior to death
 Requisite of its admission-must concern the crime, at time it
was made conscious of impending death, relates to facts
 victim is competent to testify, offered in any case of
homicide, murder or parricide in which victim is the
decedent;
 Statements made by a person under belief that there is
death. Death is imminent and declarant knows;
 Person is conscious: by words, conduct, seriousness of
wounds sustained that he would not survived;
 Old rule, pertains only to a criminal case.
 Must the declarant die? Yes. If he lives there is no more need
because he can testify in court;
 Does it matter how much time between declaration and
death? Immaterial. As long as declaration made under
consciousness of impending death and no retraction was
made by declarant. But may be taken into acct when
declaration is ambiguous. Must be complete in itself;
Sec. 39. Statement of decedent or person of unsound
mind. –

 Refers to any suit against executor or administrator or

representative of a deceased if a person is of unsound mind;
 Interrelated with specpro;
 Statement made by a person particularly by a party, and the
testimony refers to a fact before the death of the decedent
whose estate is under administration by the executor or
administrator. It may be admitted if based on personal
knowledge of deceased or person of unsound mind;
 “had been recently perceived by him” is unclear
 Will go back to us;

Sec. 40. Declaration against interest. –

 Last sentence is the part most changed;
 Declaration against interest of a deceased person;
 Dead man’s statute.
 Requirement:
1 if relevant to fact in issue and;
2 declarant is dead or unable to testify;
  Hearsay because it prevents 3rd party from examining it;
 Condition of admission
1. Declarer dead;
2. Interested in the subject matter;
3. Concern a fact cognizable by declarer;
4. Motive to falsify is improbable;
 MEMORIZE CONDITIONS FOR ADMISSIBILITY
Sec. 41. Act or declaration about pedigree. –
 Again, of a person deceased concerning the pedigree of
another person related to him etc;
 ADOPTION has been included;
 Palaki or ampon, pamangkin;
 Pedigree is also defined here;
Sec. 42. Family reputation or tradition regarding
pedigree. —
 Self explanatory;
 Family bibles, family trees for purposes of succession;
Sec. 43. Common reputation. —
Sec. 44. Part of the res gestae. —
 Two parts of sec. res gestae means things done.
 2 kinds of stsmts in this rule.
1. Spontaneous statements in connection with a
startling occurrence relating to a fact and in effect forming
part thereof;
2. Statements accompanying an equivocal act
otherwise known as verbal acts on the theory that there are
verbal parts of the acts to be explained;
 TEST of admissibility: WON the act, declaration or
exclamation is so intimately interwoven or connected with
the principal fact on hand which it characterized as to be
regarded as a part of the transaction itself and whether it
clearly negates any pre-meditation or purpose to
manufacture testimony;
 CONDITIONS of ADMISSIBILITY OF VERBAL ACT
 1. Equivocal
2. Material to the issue
3. Statement must accompany equivocal act
4. Statement is of legal significance to the equivocal act
5. RES GESTAE vs DYING DECLA (latter given by deceased
only, only after the act, trustworthiness is made under
impending death)
Sec. 45. Records of regularly conducted business activity.
–
 Entirely new provision

Sec. 46. Entries in official records. –

 The entries are not hearsay but conclusive even if a forensic
chemist who presented report not presented to testify.
Entries are not hearsay.
 CONDITITONS OF ADMISSIBILITY
1. By a public officer/any other person authorized by law
2. Same in the performance of his duties or person
specifically authorized by law
3. Personal knowledge
Sec. 47. Commercial lists and the like. –
Sec. 48. Learned treatises. –
Sec. 49. Testimony or deposition at a former proceeding.
–

 SELF-EXPLANATORY SECTIONS 47-49;

 But go through sec. 49;

Sec. 50. Residual exception. –

 ENTIRELY NEW PROVISION. Catch all provision. Whatever not

included under hearsay, covered by residual.
 Shows leniency of SC in accepting hearsay but if made by a
person whose testimony was not made known in advance, di
mag apply.

7. Opinion Rule

Sec. 51. General rule. –

 Generally not admissible
 When is opinion admissible, sec. 52. Forensic chemists, etc.
Sec. 52. Opinion of expert witness. –
  A person with special skill/expertise
Sec. 53. Opinion of ordinary witnesses. –
 Provided proper basis is given. It may be received on
account of identity of a person to a handwriting of which he
or she has familiarity or mental competency of a person;
 A witness not allowed to give opinion about conclusion of
law;
 Conclusion of law is arrived by the application of law

8. Character Evidence

Sec. 54. Character evidence not generally admissible;

exceptions.

EXPLANATORY NOTES
RULE 131
BURDEN OF PROOF, BURDEN OF EVIDENCE AND
PRESUMPTIONS

Section 1.
 Burden of evidence is added
 Qualification that burden of proof never shifts
 Gender sensitive
 Defines burden of evidence
Section 2 and Section 3
 Gender-sensitive
 These are assumptions or conclusion as to the existence of a
particular fact based on another fact or group of facts which
were already established. These are based on human
experience or common sense, or laws of nature
 Praesumption Legis: these are presumptions which the law
directs to be made by the court
a). Juris tantum- or prima facie, rebuttable or disputable
presumption or those which may be overcome or disproved
b). Juris et de Jure: conclusive or those which the law
does not allow to be contradicted
c). Statutory and Constitutional
 Praesumption Hominis (Fact) these are presumptions which
may be made as a result of the mental processes of
inductive or deductive reasoning from a fact