COMPARATIVE MATRIX

OF REVISED RULES ON
EVIDENCE AND
A.M. NO. 19-08-15-SC

MALCOLM LAW
 RULE 128
General Provisions
RULE 128 - General Provisions
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Section 3. Admissibility Evidence is admissible Evidence is admissible

of evidence. when it is relevant to the when it is relevant to the
issue and is not excluded issue and not excluded
by the law of these rules. by the Constitution, the
(3a) law or these Rules. (3a)
 RULE 129
What Need Not Be Proved
RULE 129 - What Need Not Be Proved
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Section 1. Judicial A court shall take judicial A court shall take judicial
notice, when mandatory. notice, without the notice, without the
introduction of evidence, introduction of evidence,
of the existence and of the existence and
territorial extent of states, territorial extent of states,
their political history, their political history,
forms of government and forms of government and
symbols of nationality, the symbols of nationality, the
law of nations, the law of nations, the
admiralty and maritime admiralty and maritime
courts of the world and courts of the world and
their seals, the political their seals, the political
constitution and history of constitution and history of
the Philippines, the official the Philippines, official
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Section 1. Judicial acts of legislative, acts of the legislative,

notice, when mandatory. executive and judicial executive and judicial
departments of the departments of the
Philippines, the laws of National Government of
nature, the measure of the Philippines, the laws
time, and the geographical of nature, the measure of
divisions. (1a) time, and the
geographical divisions.
(la)
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Section 3. Judicial notice, During the trial, the court, During the pre-trial and
when hearing necessary. on its own initiative, or on the trial, the court, motu
request of a party, may proprio or upon motion,
announce its intention to shall hear the parties on
take judicial notice of any the propriety of taking
matter and allow the judicial notice of any
parties to be heard matter.
thereon.
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Section 3. Judicial notice, After the trial, and before Before judgment or on
when hearing necessary. judgment or on appeal, the appeal, the court, motu
proper court, on its own proprio or upon motion,
initiative or on request of a may take judicial notice of
party, may take judicial any matter and shall hear
notice of any matter and the parties thereon if such
allow the parties to be matter is decisive of a
heard thereon if such material issue in the case.
matter is decisive of a (3a)
material issue in the case.
(n)
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Section 4. Judicial An admission, verbal or An admission, or written,

admissions. written, made by the party made by the party in the
in the course of the course ofthe proceedings
proceedings in the same in the same case, does not
case, does not require require proof. The
proof. The admission may admission may be
be contradicted only by contradicted only by
showing that it was made showing that it was made
through palpable mistake through palpable mistake
or that no such admission or that the imputed
was made. (2a) admission was not in fact
made. (4a)
 RULE 130
Rules of Admissibility
RULE 130 - Rules of Admissibility
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B. Documentary Evidence Documents as evidence Documents as evidence

consist of writing or any consist of writings,
Section 2. Documentary material containing letters, recordings, photographs
evidence. words, numbers, figures, or any material containing
symbols or other modes of letters, words, sounds,
written expression offered numbers, figures,
as proof of their contents. symbols, or their
(n) equivalent or other modes
of written expression
offered as proof of their
contents. Photographs
include still pictures,
drawings, stored images.
x-ray films, motion
pictures or videos. (2a)
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1. Best Evidence Rule 1. Original Document

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

document must be not closely-related to a
produced; exceptions. controlling issue. (3a)
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Section 4. Original of (a) The original of the (a) An "original" of a

document. document is one the document is the document
contents of which are the itself or any counterpart
subject of inquiry. intended to have the same
effect by. a person
executing or issuing it. An
"original" of a photograph
includes the negative or
any print therefrom. If data
is stored in a computer or
similar device. any printout
or other output readable by
sight or other means,
shown to reflect the data
accurately, is an "original."
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Section 4. Original of (b) When a document is in (b) A "duplicate" is a

document. two or more copies counterpart produced by
executed at or about the the same impression as
same time, with identical the original, or from the
contents, all such copies same matrix. or by means
are equally regarded as of photography.a
originals. 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.
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Section 4. Original of (c) When an entry is (c) A duplicate is

document. repeated in the regular admissible to the same
course of business, one extent as an original
being copied from another unless (1,) a genuine
at or near the time of the question is raised as to the
transaction, all the entries authenticity of the
are likewise equally original. or (2) in the
regarded as originals. (3a) circumstances, it is unjust
or inequitable to admit
the duplicate in lieu of the
original. (4a)
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2. Secondary Evidence If the document is in the If the document is in the

custody or under the custody or under the
Section 6. When original control of adverse party, control of the adverse
document is in adverse he must have reasonable party, he or she must have
party's custody or control. notice to produce it. If reasonable notice to
after such notice and after produce it. If after such
satisfactory proof of its notice and after
existence, he fails to satisfactory proof of its
produce the document, existence, he or she fails
secondary evidence may to produce the document,
be presented as in the case secondary evidence may
of its loss. (5a) be presented as in the case
of its loss. (6a)
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Sec. 7. Summaries. —
When the contents of
documents, records,
photographs, or numerous
accounts are voluminous
and cannot be examined in
court without great loss of
time, and the fact sought
to be established is only
the general result of the
whole, the contents of such
evidence may be
presented in the form of a
chart, summary, or
calculation.
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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)
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Section 7. Evidence Section 8. Evidence

admissible when original admissible when original
document is a public document is a public
record. record.

When the original of When the original of

document is in the document is in the
custody of public officer custody of public officer
or is recorded in a public or is recorded in a public
office, its contents may be office, its contents may be
proved by a certified copy proved by a certified copy
issued by the public issued by the public
officer in custody thereof. officer in custody thereof.
(2a) (2a)
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Section 8. Party who calls Section 9. Party who calls

for document not bound for document not bound
to offer it to offer it.

A party who calls for the A party who calls for the
production of a document production of a document
and inspects the same is and inspects the same is
not obliged to offer it as not obliged to offer it as
evidence. (6a) evidence. (6a)
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3. Parol Evidence Rule

Section 9. Evidence of Section 10. Evidence of

written agreements. written agreements.
When the terms of an When the terms of an
agreement have been agreement have been
reduced to writing, it is reduced to writing, it is
considered as containing considered as containing all
all the terms agreed upon the terms agreed upon and
and there can be, between there can be, as between the
the parties and their parties and their successors
successors in interest, no in interest, no evidence of
evidence of such terms such terms other than the
other than the contents of contents of the written
the written agreement. agreement.
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However, a party may However, a party may

present evidence to present evidence to
modify, explain or add to modify, explain or add to
the terms of written the terms of the written
agreement if he puts in agreement if he or she
issue in his pleading: puts in issue in a verified
pleading:
(a) An intrinsic
ambiguity, mistake or (a) An intrinsic
imperfection in the ambiguity, mistake or
written agreement; imperfection in the
written agreement;
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(b) The failure of the (b) The failure of the

written agreement to written agreement to
express the true intent and express the true intent
agreement of the parties and agreement of the
thereto; parties thereto;
(c) The validity of the (c) The validity of the
written agreement; or written agreement; or
(d) The existence of other
(d) The existence of other
terms agreed to by the
terms agreed to by the
parties or their successors
parties or their successors
in interest after the
execution of the written
in interest after the
agreement. execution of the written
The term "agreement" agreement.
includes wills. (7a) The term "agreement"
includes wills. (9a)
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4. Interpretation of
Documents

Section 10. Interpretation Section 11. Interpretation

of a writing according to of a writing according to
its legal meaning. its legal meaning.

Section 11. Instrument Section 12. Instrument

construed so as to give construed so as to give
effect to all provisions. effect to all provisions.

Section 12. Interpretation Section 13. Interpretation

according to according to
intention; general and intention; general and
particular provisions. particular provisions.
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Section 13. Interpretation Section 14. Interpretation

according to according to
circumstances. circumstances.

Section 14. Peculiar Section 15. Peculiar

signification of terms. signification of terms.

Section 15. Written words Section 16. Written words

control printed. control printed.

Section 16. Experts and Section 17. Experts and

interpreters to be used in interpreters to be used in
explaining certain explaining certain
writings. writings.
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Section 18. Construction Section 19. Construction

in favor of natural right. in favor of natural right.

Section 19. Interpretation Section 20. Interpretation

according to usage. according to usage.
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C. Testimonial Evidence

1. Qualification of
Witnesses

Section 20. Witnesses;  Section. 21. Witnesses;

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

Disqualification by cannot be witnesses: Disqualification by
reason of mental reason of mental
incapacity or immaturity. (a) Those whose mental incapacity or immaturity.
condition, at the time has been deleted.
of their production for
examination, is such
that they are
incapable of
intelligently making
known their
perception to others;
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(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)
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Section 36. Testimony Section 22. Testimony
generally confined to confined to personal
personal knowledge.
knowledge; hearsay
excluded.

A witness can testify only A witness can testify only to

to those facts which he those facts which he or she
knows of his personal knows of his or her personal
knowledge; that is, which knowledge; that is, which are
derived from his or her own
are derived from his own
perception. (36a)
perception, except as
otherwise provided in
these rules. (30a)
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Section Section 23.

22. Disqualification by Disqualification by
reason of marriage. reason of marriage.
During their marriage, During their marriage, the
neither the husband nor the husband or the wife cannot
wife may testify for or testify against the other
against the other without the without the consent of the
consent of the affected affected spouse, except in a
spouse, except in a civil case civil case by one against the
by one against the other, or other, or in a criminal case
in a criminal case for a crime for a crime committed by
committed by one against one against the other or the
the other or the latter's direct latter's direct descendants or
descendants or ascendants. ascendants. (22a)
(20a)
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Section Section. 39. Statement of
23. Disqualification by decedent or person of
reason of death or unsound mind.
insanity of adverse party.

Parties or assignor of arties In an action against an

to a case, or persons in executor or administrator
whose behalf a case is or other representative of
prosecuted,
p
against an a deceased person, or
executor or administrator or against a person of
other representative of a unsound mind, upon a
deceased person, or against claim or demand against
a person of unsound mind,
the estate of such
upon a claim or demand
against the estate of such
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deceased person or deceased person or

against such person of against such person of
unsound mind, cannot unsound mind, where a
testify as to any matter of party or assignor of a
fact occurring before the party or a person in whose
death of such deceased behalf a case is prosecuted
person or before such testifies on a matter of fact
person became of occurring before the death
unsound mind. (20a) 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
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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. (23 a)
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Section The following persons The following persons

24. Disqualification by cannot testify as to matters cannot testify as to matters
reason of privileged learned in confidence in learned in confidence in
communication. the following cases: the following cases:

(a) The husband or the (a) The husband or the

wife, during or after the wife, during or after the
marriage, cannot be marriage, cannot be
examined without the examined without the
consent of the other as to consent of the other as to
any communication any communication
received in confidence by received in confidence by
one from the other during one from the other during
the marriage the marriage
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Section except in a civil case by except in a civil case by

24. Disqualification by one against the other, or in one against the other, or in
reason of privileged a criminal case for a crime a criminal case for a crime
communication. committed by one against committed by one against
the other or the latter's the other or the latter's
direct descendants or direct descendants or
ascendants; ascendants.

(b) An attorney cannot, (b) An attorney or person

without the consent of his reasonably believed by.
client, be examined as to the client to be licensed to
any communication made engage in the practice of
by the client to him, or his law cannot, without the
advice given thereon consent of the client, be
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Section in the course of, or with a examined as to any

24. Disqualification by view to, professional communication made by
reason of privileged employment, nor can an the client to him or her, or
communication. attorney's secretary, his or her advice given
stenographer, or clerk be thereon in the course of,
examined, without the or with a view to,
consent of the client and professional employment,
his employer, concerning nor can an attorney's
any fact the knowledge of secretary, stenographer, or
which has been acquired clerk, or other persons
in such capacity; assisting the attorney be
examined without the
consent of the client and
his or her employer,
concerning any fact the
knowledge of which has
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Section concerning any fact the

24. Disqualification by knowledge of which has
reason of privileged been acquired in such
communication. capacity, except in the
following cases:

(i) Furtherance of crime or

fraud. If the services or
advice of the lawyer were
sought or obtained to enable
or aid anyone to commit or
plan to commit what the
client knew or reasonably
should have known to be a
crime or fraud;
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Section (ii) Claimants through same

24. Disqualification by deceased client. As to a
reason of privileged communication relevant to
communication. an issue between parties
who claim through the same
deceased client, regardless
of whether the claims are by
testate or intestate or by
inter vivos transaction;

(iii) Breach of duty by

lawyer or client. As to a
communication relevant
to an issue of breach of
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Section duty by the lawyer to his

24. Disqualification by or her client. or by the
reason of privileged client to his or her lawyer;
communication.
(iv)  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
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Section (v) Joint clients. As to a

24. Disqualification by communication relevant
reason of privileged to a matter of common
communication. 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.
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Section  (c) A person authorized to (c) A physician,

24. Disqualification by practice medicine, surgery psychotherapist or person
reason of privileged or obstetrics cannot in a civil reasonably believed by the
communication. case, without the consent of patient to be authorized to
the patient, be examined as practice medicine or
to any advice or treatment
psychotherapy cannot in a
given by him or any
information which he may
civil case, without the
have acquired in attending consent of the patient, be
such patient in a examined as to any
professional capacity, which confidential
information was necessary communication made for
to enable him to act in the purpose of diagnosis
capacity, and which would or treatment of the
blacken the reputation of the patient's physical, mental
patient;
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Section or emotional condition,

24. Disqualification by including alcohol or drug
reason of privileged addiction. between the
communication. 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.
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Section A "psychotherapist" is:

24. Disqualification by  
reason of privileged (a) A person licensed to
communication. practice medicine
engaged in the
diagnosis or treatment
of a mental or
emotional condition
or

(b) A person licensed as a

psychologist by the
government while
similarly engaged.
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Section (d) A minister or priest (d) A minister, priest or

24. Disqualification by cannot, without the person reasonably believed
reason of privileged consent of the person to be so cannot, without
communication. making the confession, be the consent of the affected
examined as to any person, be examined as to
confession made to or any any. communication or
advice given by him in his confession made to or any
professional character in advice given by him or her,
the course of discipline in his or her professional
enjoined by the church to character. in the course of
which the minister or discipline enjoined by the
priest belongs; church to which the
minister or priest belongs.
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Section (d) A minister, priest or

24. Disqualification by person reasonably believed
reason of privileged to be so cannot, without
communication. 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.
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Section (e) A public officer cannot (e) A public officer cannot

24. Disqualification by be examined during his be examined during or
reason of privileged term of office or after his or her tenure as
communication. afterwards, as to to communications made
communications made to to him or her in official
him in official confidence, confidence, when the
when the court finds that court finds that the public
the public interest would interest would suffer by
suffer by the disclosure. the disclosure.
(21a)
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Section The communication shall

24. Disqualification by remain privileged. even in
reason of privileged the hands of a third
communication. person who may have
obtained the information,
provided that the original
parties to the
communication took
reasonable precaution to
protect its confidentiality.
(24a)
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2. Testimonial Privilege
Section 25. Parental and No person may be No person shall be
filial privilege. compelled to testify compelled to testify
against his parents, other against his or her parents,
direct ascendants, other direct ascendants,
children or other direct children or other direct
descendants. (20a) descendants, except when
such testimony is
indispensable in a crime
against that person or by
one parent against the
other. (25a)
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Sec. 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)
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3. Admissions and
Confessions
Section 26. Admission of Section 27. Admission of a
a party. party.

The act, declaration or The act, declaration or

omission of a party as to a omission of a party as to
relevant fact may be given a relevant fact may be
in evidence against him or given in evidence against
her. (26a) him or her. (26a)
RULE 130 - Rules of Admissibility
SECTION RULES ON EVIDENCE A.M. No. 19-08-15-SC
Section 27. Offer of Section 28. Offer of
compromise not compromise not
admissible. admissible.

In civil cases, an offer of In civil cases, an offer of

compromise is not an compromise is not an
admission of any liability, admission of any liability,
and is not admissible in and is not admissible in
evidence against the evidence against the
offeror. offeror. Neither is
evidence of conduct nor
statements made in
compromise negotiations
admissible,
RULE 130 - Rules of Admissibility
SECTION RULES ON EVIDENCE A.M. No. 19-08-15-SC
except evidence otherwise
discoverable or offered for
another purpose, such as
proving bias or prejudice
of a witness, negativing a
contention of undue delay,
or proving an effort to
obstruct a criminal
investigation or
prosecution.
RULE 130 - Rules of Admissibility
SECTION RULES ON EVIDENCE A.M. No. 19-08-15-SC
In criminal cases, except In criminal cases, except
those involving quasi- those involving quasi-
offenses (criminal offenses (criminal
negligence) or those negligence) or those
allowed by law to be allowed by Jaw to be
compromised, an offer of compromised, an offer of
compromised by the compromise by the
accused may be received accused may be received
in evidence as an implied in evidence as an implied
admission of guilt. admission of guilt.
RULE 130 - Rules of Admissibility
SECTION RULES ON EVIDENCE A.M. No. 19-08-15-SC
A plea of guilty later A plea of guilty later
withdrawn, or an withdrawn or an
unaccepted offer of a plea unaccepted offer of a plea
of guilty to lesser offense, of guilty to a lesser offense
is not admissible in is not admissible in
evidence against the evidence against the
accused who made the accused who made the plea
plea or offer. 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.
RULE 130 - Rules of Admissibility
SECTION RULES ON EVIDENCE A.M. No. 19-08-15-SC
An offer to pay or the An offer to pay, or the
payment of medical, payment of medical,
hospital or other expenses hospital or other expenses
occasioned by an injury is occasioned by an injury, is
not admissible in evidence not admissible in evidence
as proof of civil or as proof of civil or criminal
criminal liability for the liability for the injury.
injury. (24a) (27a)
RULE 130 - Rules of Admissibility
SECTION RULES ON EVIDENCE A.M. No. 19-08-15-SC
Section 28. Admission by Section 29. Admission by
third party. third party.

The rights of a party The rights of a party

cannot be prejudiced by an cannot be prejudiced by an
act, declaration, or act, declaration, or
omission of another, omission of another,
except as hereinafter except as hereinafter
provided. (25a) provided. (28)
RULE 130 - Rules of Admissibility
SECTION RULES ON EVIDENCE A.M. No. 19-08-15-SC
Section 29. Admission by Section 30. Admission by
co-partner or agent.  co-partner or agent. 
The act or declaration of a The act or declaration of a
partner or agent of the partner or agent
party within the scope of authorized by the party to
his authority and during make a statement
the existence of the concerning the subject, or
partnership or agency, within the scope of his or
may be given in evidence her authority, and during
against such party after the the existence of the
partnership or agency is partnership or agency,
shown by evidence other may be given in evidence
than such act or against such party after
declaration. the partnership or agency
is
RULE 130 - Rules of Admissibility
SECTION RULES ON EVIDENCE A.M. No. 19-08-15-SC
Section 29. Admission by Section 30. Admission by
co-partner or agent.  co-partner or agent. 
The same rule applies to shown by evidence other
the act or declaration of a than such act or
joint owner, joint debtor, declaration. The same rule
or other person jointly applies to the act or
interested with the party. declaration of a joint
(26a) owner, joint debtor, or
other person jointly
interested with the party.
(29a)
RULE 130 - Rules of Admissibility
SECTION RULES ON EVIDENCE A.M. No. 19-08-15-SC
Section 30. Admission by Section 31. Admission by
conspirator. conspirator.
The act or declaration of a The act or declaration of a
conspirator relating to the conspirator in furtherance
conspiracy and during its of the conspiracy and
existence, may be given in during its existence may
evidence against the co- be given in evidence
conspirator after the against the co-conspirator
conspiracy is shown by after the conspiracy is
evidence other than such shown by evidence other
act of declaration. (27) than such act of
declaration. (30a)
RULE 130 - Rules of Admissibility
SECTION RULES ON EVIDENCE A.M. No. 19-08-15-SC
Section 31. Admission by Section 32. Admission by
privies. privies.
Where one derives title to Where one derives title to
property from another, the property from another, the
act, declaration, or latter's act, declaration, or
omission of the latter, omission, in relation to the
while holding the title, in property, is evidence
relation to the property, is against the former if done
evidence against the while the latter was
former. (28) holding the title. (3 la)
RULE 130 - Rules of Admissibility
SECTION RULES ON EVIDENCE A.M. No. 19-08-15-SC
Section 32. Admission by Section 33. Admission by
silence. silence.
An act or declaration made An act or declaration made
in the presence and within in the presence and within
the hearing or observation the hearing or observation
of a party who does or says of a party who does or says
nothing when the act or nothing when the act or
declaration is such as declaration is such as
naturally to call for action naturally to call for action
or comment if not true, and or comment if not true, and
when proper and possible when proper and possible
for him to do so, may be for him or her to do so,
given in evidence against may be given in evidence
him. (23a) against him or her. (32a)
RULE 130 - Rules of Admissibility
SECTION RULES ON EVIDENCE A.M. No. 19-08-15-SC
Section 33. Confession Section 34. Confession

The declaration of an The declaration of an

accused acknowledging accused acknowledging
his guilt of the offense his or her guilt of the
charged, or of any offense offense charged, or of any
necessarily included offense necessarily
therein, may be given in included therein, may be
evidence against him. (29a) given in evidence against
him or her. (33a)
RULE 130 - Rules of Admissibility
SECTION RULES ON EVIDENCE A.M. No. 19-08-15-SC
4. Previous Conduct as
Evidence
Section 34. Similar acts as Section 35. Similar acts as
evidence. evidence.
Evidence that one did or did Evidence that one did or did
not do a certain thing at one not do a certain thing at one
time is not admissible to time is not admissible to prove
prove that he did or did not that he or she did or did not
do the same or similar thing do the same or similar thing at
at another time; but it may another time; but it may be
be received to prove a received to prove a specific
specific intent or knowledge; intent or knowledge, identity,
identity, plan, system, plan, system, scheme, habit,
scheme, habit, custom or custom or usage, and the like.
usage, and the like. (48a) (34 a)
RULE 130 - Rules of Admissibility
SECTION RULES ON EVIDENCE A.M. No. 19-08-15-SC
Section 35. Unaccepted Section 36. Unaccepted
offer. offer.
An offer in writing to pay An offer in writing to pay
a particular sum of money a particular sum of money
or to deliver a written or to deliver a written
instrument or specific instrument or specific
personal property is, if personal property is, if
rejected without valid rejected without valid
cause, equivalent to the cause, equivalent to the
actual production and actual production and
tender of the money, tender of the money,
instrument, or property. instrument, or property.
(49a) (35)
RULE 130 - Rules of Admissibility
SECTION RULES ON EVIDENCE A.M. No. 19-08-15-SC
5. Testimonial 5. Hearsay
Knowledge
Section 36. Testimony A witness can testify only Section. 36. Testimony
generally confined to to those facts which he generally confined to
personal knowledge;  knows of his personal personal knowledge:
hearsay excluded. knowledge; that is, which hearsay excluded is now
are derived from his own transposed to Section 22.
perception, except as Testimony confined to
otherwise provided in personal knowledge.
these rules. (30a)
RULE 130 - Rules of Admissibility
SECTION RULES ON EVIDENCE A.M. No. 19-08-15-SC
5. Testimonial 5. Hearsay
Knowledge
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,
RULE 130 - Rules of Admissibility
SECTION RULES ON EVIDENCE A.M. No. 19-08-15-SC
5. Testimonial 5. Hearsay
Knowledge
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
RULE 130 - Rules of Admissibility
SECTION RULES ON EVIDENCE A.M. No. 19-08-15-SC
5. Testimonial 5. Hearsay
Knowledge
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
RULE 130 - Rules of Admissibility
SECTION RULES ON EVIDENCE A.M. No. 19-08-15-SC
5. Testimonial 5. Hearsay
Knowledge
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)
RULE 130 - Rules of Admissibility
SECTION RULES ON EVIDENCE A.M. No. 19-08-15-SC
6. Exceptions To The
Hearsay Rule
Section 37. Dying Section 38. Dying
declaration. declaration.
The declaration of a dying The declaration of a dying
person, made under the person, made under the
consciousness of an consciousness of an
impending death, may be impending death, may be
received in any case received in any case
wherein his death is the wherein his or her death is
subject of inquiry, as the subject of inquiry, as
evidence of the cause and evidence of the cause and
surrounding circumstances surrounding circumstances
of such death. (31a) of such death. (37a)
RULE 130 - Rules of Admissibility
SECTION RULES ON EVIDENCE A.M. No. 19-08-15-SC
Section Section. 39. Statement of
23. Disqualification by decedent or person of
reason of death or unsound mind.
insanity of adverse party.

Parties or assignor of arties In an action against an

to a case, or persons in executor or administrator
whose behalf a case is or other representative of
prosecuted,
p
against an a deceased person, or
executor or administrator or against a person of
other representative of a unsound mind, upon a
deceased person, or against claim or demand against
a person of unsound mind,
the estate of such
upon a claim or demand
against the estate of such
RULE 130 - Rules of Admissibility
SECTION RULES ON EVIDENCE A.M. No. 19-08-15-SC

deceased person or deceased person or

against such person of against such person of
unsound mind, cannot unsound mind, where a
testify as to any matter of party or assignor of a
fact occurring before the party or a person in whose
death of such deceased behalf a case is prosecuted
person or before such testifies on a matter of fact
person became of occurring before the death
unsound mind. (20a) 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
RULE 130 - Rules of Admissibility
SECTION RULES ON EVIDENCE A.M. No. 19-08-15-SC

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. (23 a)
RULE 130 - Rules of Admissibility
SECTION RULES ON EVIDENCE A.M. No. 19-08-15-SC
Section 38. Declaration Section 40. Declaration
against interest. against interest.
The declaration made by a The declaration made by a
person deceased, or person deceased or unable
unable to testify, against to testify against the
the
p interest of the interest of the declarant, if
declarant, if the fact is the fact asserted in the
asserted in the declaration declaration was at the time
was at the time it was it was made so far contrary
made so far contrary to to the declarant's own
declarant's own interest, interest that a reasonable
that a reasonable man in person in his or her
his position would not position would not have
have made the declaration made the declaration
RULE 130 - Rules of Admissibility
SECTION RULES ON EVIDENCE A.M. No. 19-08-15-SC
Section 38. Declaration Section 40. Declaration
against interest. against interest.
unless he believed it to be unless he or she believed it to
true, may be received in be true, may be received in
evidence against himself evidence against himself or
orp his successors in herself or his or her successors
in interest and against third
interest and against third
persons. A statement tending
persons. (32a) 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)
RULE 130 - Rules of Admissibility
SECTION RULES ON EVIDENCE A.M. No. 19-08-15-SC
Section 39. Act or Section 41. Act or
declaration about declaration about
pedigree. pedigree.
The act or declaration of a The act or declaration of a
person deceased, or unable person deceased or unable
to testify, in respect to the to testify, in respect to the
pedigree of another person pedigree of another person
p
related to him by birth or related to him or her by
marriage, may be received birth, adoption, or marriage
in evidence where it or, in the absence thereof
occurred before the with whose family he or she
controversy, and the was so intimately associated
relationship between the as to be likely to have
two persons is shown by accurate information
evidence other than such concerning his or her
act or declaration. pedigree,
RULE 130 - Rules of Admissibility
SECTION RULES ON EVIDENCE A.M. No. 19-08-15-SC
Section 39. Act or Section 41. Act or
declaration about declaration about
pedigree. pedigree.
The word "pedigree" may be received in evidence
includes relationship, where it occurred before the
family genealogy, birth, controversy, and the
marriage, death, the dates relationship between the
p
when and the places where two persons is shown by
these fast occurred, and the evidence other than such act
names of the relatives. It or declaration. The word
embraces also facts of "pedigree" includes
family history intimately relationship, family
connected with pedigree. genealogy, birth, marriage,
(33a) death, the dates when and
the places where these facts
occurred,
RULE 130 - Rules of Admissibility
SECTION RULES ON EVIDENCE A.M. No. 19-08-15-SC
Section 39. Act or Section 41. Act or
declaration about declaration about
pedigree. pedigree.
and the names of the
relatives. It embraces also
facts of family history
intimately connected with
p
pedigree. (39a)
RULE 130 - Rules of Admissibility
SECTION RULES ON EVIDENCE A.M. No. 19-08-15-SC
Section 40. Family Section 42. Family
reputation or tradition reputation or tradition
regarding pedigree. regarding pedigree.
The reputation or The reputation or tradition
tradition existing in a existing in a family
family previous to the previous to the
controversy,
p in respect to controversy, in respect to
the pedigree of any one of the pedigree of any one of
its members, may be its members, may be
received in evidence if the received in evidence if the
witness testifying thereon witness testifying thereon
be also a member of the be also a member of the
family, either by family, either by
consanguinity or affinity. consanguinity, affinity, or
adoption.
RULE 130 - Rules of Admissibility
SECTION RULES ON EVIDENCE A.M. No. 19-08-15-SC
Section 40. Family Section 42. Family
reputation or tradition reputation or tradition
regarding pedigree. regarding pedigree.
Entries in family bibles or Entries in family bibles or
other family books or other family books or
charts, engravings on charts, engraving on rings,
rings,
p family portraits and family portraits and the
the like, may be received like, may be received as
as evidence of pedigree. evidence of pedigree. (40a)
(34a)
RULE 130 - Rules of Admissibility
SECTION RULES ON EVIDENCE A.M. No. 19-08-15-SC
Section 41. Common Section 43. Common
reputation. reputation.
Common reputation existing Common reputation existing
previous to the controversy, previous to the controversy,
respecting facts of public or as to boundaries of or customs
general interest more than affecting lands in the
p
thirty years old, or respecting community and reputation as
marriage or moral character, to events of general history
may be given in evidence. important to the community,
Monuments and inscriptions or respecting marriage or
in public places may be moral character, may be given
received as evidence of in evidence. Monuments and
common reputation. (35) inscriptions in public places
may be received as evidence
of common reputation. (41a)
RULE 130 - Rules of Admissibility
SECTION RULES ON EVIDENCE A.M. No. 19-08-15-SC
Section 42. Part of res Section 44. Part of res
gestae. gestae.

Statements made by a person Statements made by a person

while a starting occurrence is while a startling occurrence is
taking place or immediately taking place or immediately
prior or subsequent thereto prior or subsequent thereto,
p
with respect to the under the stress of excitement
circumstances thereof, may caused by the occurrence with
be given in evidence as part respect to the circumstances
of res gestae. So, also, thereof, may be given in
statements accompanying an evidence as part of the res
equivocal act material to the gestae. So, also, statements
issue, and giving it a legal accompanying an equivocal
significance, may be received act material to the issue,
as part of the res gestae. (36a)
RULE 130 - Rules of Admissibility
SECTION RULES ON EVIDENCE A.M. No. 19-08-15-SC
Section 42. Part of res Section 44. Part of res
gestae. gestae.

and giving it a legal

significance, may be received
as part of the res gestae. (42a)
p
RULE 130 - Rules of Admissibility
SECTION RULES ON EVIDENCE A.M. No. 19-08-15-SC
Section 43. Entries in the Sec. 45. Records of
course of business. regularly conducted
business activity.
Entries made at, or near A memorandum, report,
the time of transactions to record or data compilation
which they refer, by a of acts, events, conditions.
person
p deceased, or opinions. or diagnoses.
unable to testify, who was made by writing, typing,
in a position to know the electronic, optical or other
facts therein stated, may similar means at or near
be received as prima the time of or from
facie evidence, if such transmission or supply of
person made the entries in information by a person
his professional capacity with knowledge thereof,
or in the performance of and kept in the regular
RULE 130 - Rules of Admissibility
SECTION RULES ON EVIDENCE A.M. No. 19-08-15-SC
Section 43. Entries in the Sec. 45. Records of
course of business. regularly conducted
business activity.
duty and in the ordinary course or conduct of a
or regular course of business activity, and such
business or duty. (37a) was the regular practice to
p
make the memorandum,
reportt 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)
RULE 130 - Rules of Admissibility
SECTION RULES ON EVIDENCE A.M. No. 19-08-15-SC
Section 44. Entries in Section 46. Entries in
official records. official records.

Entries in official records Entries in official records

made in the performance made in the performance
of his duty by a public of his or her duty by a
officer
p of the Philippines, public officer of the
or by a person in the Philippines, or by a person
performance of a duty in the performance of a
specially enjoined by law, duty specially enjoined by
are prima facie evidence of law, are prima facie
the facts therein stated. evidence of the facts
(38) therein stated. (44a)
RULE 130 - Rules of Admissibility
SECTION RULES ON EVIDENCE A.M. No. 19-08-15-SC
Section 45. Commercial Section 47. Commercial
lists and the like. lists and the like.
Evidence of statements of Evidence of statements of
matters of interest to persons matters of interest to persons
engaged in an occupation engaged in an occupation
contained in a list, register, contained in a list, register,
p
periodical, or other periodical, or other published
published compilation is compilation is admissible as
admissible as tending to tending to prove the truth of
prove the truth of any any relevant matter so stated
relevant matter so stated if if that compilation is
that compilation is published published for use by persons
for use by persons engaged engaged in that occupation
in that occupation and is and is generally used and
generally used and relied relied upon by them therein.
upon by them therein. (39) (45)
RULE 130 - Rules of Admissibility
SECTION RULES ON EVIDENCE A.M. No. 19-08-15-SC
Section 46. Learned Section 48. Learned
treatises. treatises.

A published treatise, A published treatise,

periodical or pamphlet on a periodical or pamphlet on a
subject of history, law, subject of history, law,
science, or art is admissible science, or art is admissible
p as tending to prove the truth
as tending to prove the truth
of a matter stated therein if of a matter stated therein if
the court takes judicial the court takes judicial
notice, or a witness expert in notice, or a witness expert in
the subject testifies, that the the subject testifies, that the
writer of the statement in writer of the statement in the
the treatise, periodical or treatise, periodical or
pamphlet is recognized in pamphlet is recognized in his
his profession or calling as or her profession or calling as
expert in the subject. (40a) expert in the subject. (46a)
RULE 130 - Rules of Admissibility
SECTION RULES ON EVIDENCE A.M. No. 19-08-15-SC
Section 47. Testimony or Section 49. Testimony or
deposition at a former deposition at a former
proceeding. proceeding.
The testimony or The testimony or deposition
deposition of a witness of a witness deceased or out
deceased or unable to of the Philippines or who
testify, given in a former cannot, with due diligence.
p
case or proceeding, judicial be found therein, or is
or administrative, involving unavailable or otherwise
the same parties and subject unable to testify, given in a
matter, may be given in former case or proceeding,
evidence against the judicial or administrative,
adverse party who had the involving the same parties
opportunity to cross- and subject matter, may be
examine him. (41a) given in evidence against
RULE 130 - Rules of Admissibility
SECTION RULES ON EVIDENCE A.M. No. 19-08-15-SC
Section 47. Testimony or Section 49. Testimony or
deposition at a former deposition at a former
proceeding. proceeding.
the adverse party who had
the opportunity to cross-
examine him or her. (47a)
p
RULE 130 - Rules of Admissibility
SECTION RULES ON EVIDENCE A.M. No. 19-08-15-SC
Sec. 50. Residual
exception.
A statement not
specifically covered by any
of the foregoing
exceptions, having
p
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
RULE 130 - Rules of Admissibility
SECTION RULES ON EVIDENCE A.M. No. 19-08-15-SC
Sec. 50. Residual
exception.
which it is offered than any
other evidence which the
proponent can procure
through reasonable efforts:
p
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
RULE 130 - Rules of Admissibility
SECTION RULES ON EVIDENCE A.M. No. 19-08-15-SC
Sec. 50. Residual
exception.
proponent makes known to
the adverse party,
sufficiently in advance of the
hearing. or by the pre-trial
p 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)