EVIDENCE SEC. 4.

Judicial admissions
An admission,
RULE 128 Verbal or written,
Made by the party
GENERAL PROVISIONS In the course of the proceedings
In the same case,
SECTION 1. Evidence defined Does not require proof.
Evidence is the means
Sanctioned by these rules The admission may be contradicted
Of ascertaining Only by showing
In a judicial proceeding o That it was made through palpable mistake or
The truth respecting a matter of fact o That no such admission was made.

SEC. 2. Scope RULE 130

General Rule:
o The rules of evidence RULES OF ADMISSIBILITY
o Shall be the same
o In all courts and A. OBJECT (REAL) EVIDENCE
o In all trials and hearings B. DOCUMENTARY EVIDENCE
Except as otherwise provided by law or these rules 1. Best Evidence Rule
2. Secondary Evidence
SEC. 3. Admissibility of evidence 3. Parol Evidence Rule
Evidence is admissible C. TESTIMONIAL EVIDENCE
When it is relevant to the issue and 1. Qualification OF Witnesses
Is not excluded 2. Testimonial Privilege
By the law of the rules 3. Admissions and Confessions
4. Previous Conduct as Evidence
SEC. 4. Relevancy 5. Testimonial Knowledge
Evidence must have such a relation 6. Exceptions to the Hearsay Rule
To the fact in issue 7. Opinion Rule
As to induce belief 8. Character Evidence
In its existence or non-existence
A. OBJECT (REAL) EVIDENCE

Collateral matters SECTION 1. Object as evidence

General Rule: Objects as evidence
o Evidence on collateral matters Are those addressed
o Shall not be allowed To the senses of the court
Exception:
o When it tends When an object is relevant
o In any reasonable degree To the fact in issue,
o To establish It may be
o The probability or improbability o Exhibited to,
o Of the fact in issue o Examined or
o Viewed by the court.
RULE 129
B. DOCUMENTARY EVIDENCE
WHAT NEED NOT BE PROVED
SEC. 2. Documentary evidence
SECTION 1. Judicial notice, when MANDATORY Documents as evidence
A court Shall take judicial notice Consist of:
Without the introduction of evidence, of (E-P-N-A-C-O-N-T-D): o Writing or
1. Existence and territorial extent of states o Any material containing
2. Their political history, forms of government and symbols of Letters,
nationality Words,
3. Law of nations Numbers,
4. Admiralty and maritime courts of the world and their seals Figures,
5. Political constitution and history of the Philippines Symbols or
6. Official acts of legislative, executive and judicial departments of the Other modes of written expression
Philippines Offered as proof of their contents
7. Laws of nature
8. Measure of time, and 1. BEST EVIDENCE RULE
9. Geographical divisions.
SEC. 3. Original document must be produced; exceptions
SEC. 2 . Judicial notice, when DISCRETIONARY. General Rule:
A court may take judicial notice of: o When the subject of inquiry
1. Matters which are of public knowledge, or are o Is the contents of a document,
2. Capable oF unquestionable demonstration, or o No evidence shall be admissible
3. Ought to be known to judges because of their judicial functions. o Other than the original document itself,
Exception: Except in the following cases:
SEC. 3 . Judicial notice, WHEN HEARING NECESSARY
During the trial a. When the original
o The court, Has been lost or destroyed, or
o On its own initiative, or Cannot be produced in court,
o On request of a party, Without bad faith on the part of the offeror;
o May announce its intention
o To take judicial notice b. When the original
o Of any matter and Is in the custody or
o Allow the parties to be heard thereon. Under the control
Of the party
After the trial, and Against whom the evidence is offered, and
Before judgment or The latter fails to produce it
On appeal, After reasonable notice;
o The proper court,
o On its own initiative or c. When the original
o On request of a party, Consists of numerous accounts or
o May take judicial notice of any matter and Other documents
o Allow the parties to be heard thereon Which cannot be examined in court
o If such matter is decisive of a material issue in the case. Without great loss of time and
The fact sought to be established from them
Is only the general result of the whole;
 An intrinsic ambiguity
and Mistake or
Imperfection in the written agreement;
d. When the original
Is a public record b.
In the custody of a public officer or Failure of the written agreement
Is recorded in a public office. To express
The true intent and
SEC. 4. Original of document Agreement of the parties thereto;

1. The original of the document c.

Is one the contents of which The validity of the written agreement;
Are the subject of inquiry.
or
2. When a document
Is in two or more copies d.
Executed at or about the same time, The existence of other terms
With identical contents, Agreed to by the parties or their successors in
All such copies are equally regarded as originals. interest
After the execution
3. When an entry Of the written agreement.
Is repeated
In the regular course of business, The term "agreement" includes wills.
One being copied from another
At or near the time of the transaction, C. TESTIMONIAL EVIDENCE
All the entries are likewise equally regarded as originals.
1. QUALIFICATION OF WITNESSES
2. SECONDARY EVIDENCE
SEC. 20. Witnesses; their qualifications
SEC. 5. When original document is unavailable General Rule:
When the original document o All persons who can perceive, and
Has been lost or destroyed, or o In perceiving, can make their known perception to others,
Cannot be produced in court, o May be witnesses.
o The offeror,
o Upon proof o Religious or political belief,
o Of its execution or existence and o Interest in the outcome of the case, or
o The cause of its unavailability o Conviction of a crime
o Without bad faith on his part, o Shall not be ground for disqualification.
o May prove its contents Unless otherwise provided by law
By a copy, or Exception: Except as provided in the next succeeding sections
By a recital of its contents in some authentic
document, or SEC. 21. Disqualification by reason of mental incapacity or immaturity
By the testimony of witnesses in the order
stated. The following PERSONS cannot be witnesses:

SEC. 6. When original document is in adverse party's custody or control 1. Those whose mental condition,
If the document a. At the time of their production for examination,
Is in the custody or b. Is such that
Under the control of adverse party, c. They are incapable of
He must have reasonable notice to produce it. d. Intelligently making known their perception to others;

If after such notice and 2. Children whose mental maturity

After satisfactory proof of its existence, a. Is such as
He fails to produce the document, b. To render them incapable of
o Secondary evidence may be presented c. Perceiving the facts
o As in the case of its loss. d. Respecting which they are examined and
e. Of relating them truthfully.
SEC. 7. Evidence admissible when original document is a public record
When the original of document SEC. 22. Disqualification by reason of marriage
o Is in the custody of public officer or
o Is recorded in a public office, General Rule:
Its contents may be proved o During their marriage,
By a certified copy o Neither the husband nor the wife
Issued by the public officer in custody thereof. o May testify
o For or against the other
SEC. 8. Party who calls for document not bound to offer it. o Without the consent of the affected spouse,
A party who Exception: Except in
o Civil cases
Calls for the production of a document and
By one against the other, or
Inspects the same
o Criminal cases
Is not obliged to offer it as evidence. For a crime committed
By one against the other or
3. PAROL EVIDENCE RULE The latter's direct descendants or ascendants.
SEC. 9. Evidence of written agreements SEC. 23. Disqualification by reason of death or insanity of adverse party
General Rule:
o When the terms of an agreement 1) Parties or
o Have been reduced to writing, 2) Assignor of parties to a case, or
o It is considered as 3) Persons in whose behalf a case is prosecuted,
o Containing all the terms agreed upon and
o There can be, Against
o Between the parties and their successors in interest,
o No evidence of such terms 1) Executor or
o Other than the contents of the written agreement. 2) Administrator or
3) Other representative of a deceased person, or
Exception: 4) Person of unsound mind
o However, a party may present evidence
o To modify, explain or add Upon a claim or demand against:
o To the terms of written agreement i. The estate of such deceased person or
o If he puts in issue in his pleading: ii. Such person of unsound mind
a. Cannot testify
 As to any matter of fact occurring: Declaration or
i. Before the death of such deceased person or Omission
ii. Before such person became of unsound mind. o Of a party
o As to a relevant fact
SEC. 24. Disqualification by reason of privileged communication o May be given in evidence against him.

The following persons SEC. 27. Offer of compromise not admissible.

Cannot testify
As to matters learned in confidence 1. Civil Cases
An offer of compromise
In the following cases: a. Not an admission of any liability, and
a. The husband or the wife (general rule): b. Not admissible in evidence against the offeror.
During or after the marriage,
Cannot be examined 2. Criminal Cases,
Without the consent of the other General Rule: An offer of compromise
As to any communication received in confidence o By the accused
By one from the other o May be received in evidence
During the marriage o As an implied admission of guilt.
Exception: Exception: Except those involving
i. In a civil case by one against the other, or o Quasi-offenses (criminal negligence) or
ii. In a criminal case for a crime committed by one o Those allowed by law to be compromised
against the other or the latter's direct descendants or
ascendants; 3.
i. Plea of guilty later withdrawn or
b. An attorney ii. Unaccepted offer of a plea of guilty to lesser offense
Cannot be examined o Not admissible in evidence
Without the consent of his client o Against the accused
i. As to any communication made by the client to o Who made the plea or offer.
him, or
ii. His advice given thereon 4. An offer to pay or the payment of
In the course of, or i. Medical,
With a view to, ii. Hospital or
Professional employment, iii. Other expenses
Nor can an: Occasioned by an injury
i. Attorney's secretary, Is not admissible in evidence
ii. Stenographer, or As proof of civil or criminal liability
iii. Clerk For the injury.
Be examined,
Without the consent of the SEC. 28. Admission BY THIRD PARTY
Client and his employer, General Rule: The rights of a party
i. Concerning any fact o Cannot be prejudiced by
ii. The knowledge of which Act,
iii. Has been acquired in such capacity; Declaration, or
Omission of another,
c. A person authorized to practice medicine, surgery or obstetrics Exception: Except as hereinafter provided.
In a civil case
Without the consent of the patient SEC. 29 . Admission BY CO-PARTNER OR AGENT
Cannot be examined as to The act or declaration
i. Any advice or treatment given by him or o Of a partner or agent of the party
ii. Any information which he may have acquired Within the scope of his authority and
in attending such patient in a professional During the existence of the partnership or agency,
capacity, o May be given in evidence
Which information was necessary to enable him to act in o Against such party
capacity, and o After the partnership or agency
Which would blacken the reputation of the patient; o Is shown by evidence
o Other than such act or declaration.
d. A minister or priest
Cannot be examined The same rule applies to
Without the consent of the person making the confession
The act or declaration of
As to any
o Joint owner,
i. Confession made to or
o Joint debtor, or
ii. Advice given by him in his professional
o Other person jointly interested with the party.
character
In the course of discipline
Enjoined by the church
SEC. 30 . Admission BY CONSPIRATOR
To which the minister or priest belongs;
The act or declaration
e. A public officer Of a conspirator
Cannot be examined Relating to the conspiracy and
During his term of office During its existence,
Or afterwards, o May be given in evidence
As to communications made to him o Against the co-conspirator
In official confidence, o After the conspiracy is shown
When the court finds o By evidence other than such act of declaration.
That the public interest
Would suffer by the disclosure. SEC. 31 . Admission BY PRIVIES
Where one derives
2. TESTIMONIAL PRIVILEGE Title to property
From another,
SEC. 25. Parental and filial privilege o The act, declaration, or omission of the latter,
No person may be compelled o In relation to the property
To testify against his: o While holding the title,
1. Parents, o Is evidence against the former (one who derives title to property
2. Other direct ascendants, from another).
3. Children or
4. Other direct descendants. SEC. 32 . Admission BY SILENCE
An act or declaration
Made
3. ADMISSIONS AND CONFESSIONS o In the presence and
o Within the hearing or observation
SEC. 26. Admission of a party. o Of a party who does or says nothing
Act, When the act or declaration
 o Is such as naturally e. May be received in evidence
o To call for action or comment f. Where it occurred before the controversy, and
o If not true, and g. The relationship between the two persons
o When proper and possible for him to do so, h. Is shown by evidence other than such act or declaration.
May be given in evidence against him.
The word "pedigree" includes
SEC. 33. Confession Relationship,
The declaration Family genealogy,
Of an accused Birth,
Acknowledging his guilt of Marriage,
o The offense charged, or Death,
o Any offense necessarily included therein, The dates when and
May be given in evidence against him. The places where these facts occurred, and
names of the relatives.
4. PREVIOUS CONDUCT AS EVIDENCE Facts of family history intimately connected with
pedigree.
SEC. 34. Similar acts as evidence
General Rule: 4) SEC. 40. Family reputation or tradition regarding pedigree.
o Evidence that a. The reputation or tradition
o One did or did not do b. existing in a family
o A certain thing at one time c. previous to the controversy,
Is not admissible to prove d. in respect to the pedigree
That he did or did not do e. of any one of its members,
o The same or similar thing f. may be received in evidence
o At another time; g. if the witness testifying thereon
Exception: h. be also a member of the family,
o It may be received to prove i. Either by consanguinity or affinity.
o A specific j. Entries in
i. Intent or knowledge; i. Family bibles or
ii. Identity ii. Other family books or
iii. Plan iii. Charts,
iv. System iv. Engravings on rings,
v. Scheme v. Family portraits
vi. Habit vi. and The Like,
vii. Custom or k. May be received as evidence of pedigree.
viii. Usage, and
ix. The like. 5) SEC. 41. Common reputation
a. Common reputation
SEC. 35. Unaccepted offer b. Existing previous to the controversy,
An offer in writing c. Respecting facts of public or general interest
o To pay a particular sum of money or d. More than thirty years old, or
o To deliver a written instrument or specific personal property is, e. Respecting marriage or moral character,
If rejected without valid cause, f. May be given in evidence.
Equivalent to the
o Actual production and g. Monuments and inscriptions
o Tender of the money, instrument, or property. h. In public places
i. May be received as evidence of common reputation.

5. TESTIMONIAL KNOWLEDGE 6) SEC. 42. Part of res gestae

a. Statements made by a person
SEC. 36. Testimony generally confined to personal knowledge; hearsay i. While a starting occurrence is taking place or
excluded. ii. Immediately prior or subsequent thereto
General Rule: iii. With respect to the circumstances thereof,
o A witness can testify only iv. May be given in evidence
o to those facts v. As part of Res Gestae.
o which he knows of his personal knowledge; b. Also statements accompanying an equivocal act
o that is, which are derived from his own perception, i. Material to the issue, and
Exception: Except as otherwise provided in these rules. (Sections 37- 47) ii. Giving it a legal significance,
iii. May be received as part of the Res Gestae.
6. EXCEPTIONS TO THE HEARSAY RULE
7) SEC. 43. Entries in the course of business
1) SEC. 37. Dying declaration a. Entries made
a. The declaration of a dying person, b. At or near the time of transactions
b. Made under the consciousness of an impending death, c. To which they refer,
c. May be received in any case d. By a person deceased or unable to testify,
d. Wherein his death is the subject of inquiry, e. Who was in a position to know the facts therein stated,
e. As evidence of the cause and f. May be received as prima facie evidence,
f. Surrounding circumstances of such death. g. If such person made the entries
i. In his professional capacity or
2) SEC. 38. Declaration against interest ii. In the performance of duty and
a. The declaration made by iii. In the ordinary or regular course of business or duty.
i. A person deceased, or
ii. Unable to testify, 8) SEC. 44. Entries in official records
b. Against the interest of the declarant, a. Entries in official records
c. If the fact asserted in the declaration b. Made in the performance of his duty
d. Was so far contrary to declarant's own interest, i. By a public officer of the Philippines, or
e. At the time it was made ii. By a person in the performance of a duty specially
f. That a reasonable man in his position enjoined by law,
g. Would not have made the declaration c. Are prima facie evidence
i. Unless he believed it to be true d. Of the facts therein stated.
h. May be received in evidence
i. Against himself or his successors in interest and 9) SEC. 45. Commercial lists and the like
j. Against third persons. a. Evidence of statements
b. Of matters of interest
3) SEC. 39. Act or declaration about pedigree c. To persons engaged in an occupation contained in
a. The act or declaration of i. List,
i. A person deceased, or ii. Register,
ii. Unable to testify, iii. Periodical, or
b. In respect to the pedigree iv. Other published compilation
c. Of another person d. Is admissible
d. Related to him by birth or marriage, e. As tending to prove the truth
f. Of any relevant matter so stated
 g. If that compilation is published The probability or improbability
h. For use by persons engaged in that occupation and Of the offense charged.
i. Is generally used and relied upon by them therein.
2) In Civil Cases:
Evidence of the moral character
10) SEC. 46. Learned treatises Of a party
a. A published Is admissible only
i. Treatise, When pertinent
ii. Periodical or To the issue of character
iii. Pamphlet Involved in the case.
b. On a subject of
i. History, In the case provided for in Rule 132, Section 14:
ii. Law, Sec. 14 . Evidence of good character of witness
iii. Science, or Evidence of the good character
iv. Art Of a witness
c. Is admissible Is not admissible
d. As tending to prove the truth Until such character has been impeached
e. Of a matter stated therein
i. If the court takes judicial notice, or RULE 131
ii. A witness expert in the subject testifies,
f. That the writer of the statement in the treatise, periodical or BURDEN OF PROOF AND PRESUMPTIONS
pamphlet
g. Is recognized in his profession or calling SECTION 1. Burden of proof
h. As expert in the subject.
Burden of proof is
The duty of a party
11) SEC. 47. Testimony or deposition at a former proceeding
a. The testimony or deposition To present evidence
b. Of a witness deceased or unable to testify, On the facts in issue
c. Given in a former case or proceeding, Necessary to establish
i. Judicial or His claim or defense
ii. Administrative, By the amount of evidence
d. Involving the same parties and subject matter, Required by law
e. May be given in evidence
f. Against the adverse party SEC. 2. CONCLUSIVE presumptions
g. Who had the opportunity to cross-examine him.
The following are instances of conclusive presumptions:
7. OPINION RULE a. Whenever a party has,
By his own declaration, act, or omission,
SEC. 48. General rule Intentionally and deliberately
o The opinion of witness Led to another to believe
o is not admissible, A particular thing to be true, and
Exception: Except as indicated in the following sections: To act upon such belief,
He cannot, in any litigation arising out of such
SEC. 49. Opinion of expert witness declaration, act or omission,
The opinion of a witness Be permitted to falsify it
On a matter requiring b. The tenant
o Special knowledge, Is not permitted
o Skill, To deny the title of his landlord
o Experience or At the time of commencement
o Training Of the relation of landlord and tenant
Which he shown to possess, Between them.
May be received in evidence.
SEC. 3. DISPUTABLE presumptions
SEC. 50. Opinion of ordinary witnesses
The opinion of a witness The following presumptions
For which proper basis is given, Are satisfactory if uncontradicted,
May be received in evidence regarding But may be contradicted and overcome
a. Identity of a person by other evidence that:
About whom he has adequate knowledge; a. person is innocent of crime or wrong;
b. A handwriting b. Unlawful act was done with an unlawful intent;
With which he has sufficient familiarity; and c. Person intends the ordinary consequences of his voluntary act;
c. The mental sanity of a person d. Person takes ordinary care of his concerns;
With whom he is sufficiently acquainted. e. Evidence willfully suppressed would be adverse if produced;
f. Money paid by one to another was due to the latter;
Witness may also testify g. Thing delivered by one to another belonged to the latter;
h. Obligation delivered up to the debtor has been paid;
On his impressions of the
i. Prior rents or installments had been paid when a receipt for the later
o Emotion,
one is produced;
o Behavior,
j. Person found in possession of a thing taken in the doing of a recent
o Condition or
wrongful act is the taker and the doer of the whole act; otherwise, that
o Appearance of a person.
things which a person possess, or exercises acts of ownership over,
are owned by him;
8. CHARACTER EVIDENCE
k. Person in possession of an order on himself for the payment of the
money, or the delivery of anything, has paid the money or delivered the
SEC. 51. Character evidence not generally admissible; exceptions:
thing accordingly;
1) In Criminal Cases:
l. Person acting in a public office was regularly appointed or elected to it;
m. Official duty has been regularly performed;
(1) The accused
n. Court or judge acting as such, whether in the Philippines or elsewhere,
May prove his good moral character
was acting in the lawful exercise of jurisdiction;
Which is pertinent to the moral trait
o. All the matters within an issue raised in a case were laid before the
Involved in the offense charged
court and passed upon by it; and in like manner that all matters within
an issue raised in a dispute submitted for arbitration were laid before
(2) The prosecution
the arbitrators and passed upon by them;
General Rule: May not prove his bad moral character
p. Private transactions have been fair and regular;
Which is pertinent to the moral trait
q. Ordinary course of business has been followed;
Involved in the offense charged
r. There was a sufficient consideration for a contract;
Exception: Unless in rebuttal.
s. Negotiable instrument was given or indorsed for a sufficient
consideration;
(3) The offended party
t. Endorsement of negotiable instrument was made before the instrument
The good or bad moral character
was overdue and at the place where the instrument is dated;
May be proved
u. Writing is truly dated;
If it tends to establish in any reasonable degree
v. Letter duly directed and mailed was received in the regular course of 4. If both be over fifteen and under sixty, and the sex be different, the
the mail; male is deemed to have survived, if the sex be the same, the older;
w. After an absence of seven years, it being unknown whether or not the
absentee still lives, he is considered dead for all purposes, except for 5. If one be under fifteen or over sixty, and the other between those
those of succession.The absentee shall not be considered dead for the ages, the latter is deemed to have survived.
purpose of opening his succession till after an absence of ten years. If kk. If there is a doubt, as between two or more persons who are called to
he disappeared after the age of seventy-five years, an absence of five succeed each other, as to which of them died first, whoever alleges the
years shall be sufficient in order that his succession may be opened. 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.
The following shall be considered dead for all purposes including the
division of the estate among the heirs: SEC. 4. No presumption of legitimacy or illegitimacy.
There is no presumption
(1)A person on board a vessel lost during a sea voyage, or an aircraft of legitimacy of a child
with is missing, who has not been heard of for four years since the loss born after three hundred days following
of the vessel or aircraft; o the dissolution of the marriage or
o the separation of the spouses.
(2)A member of the armed forces who has taken part in armed Whoever alleges the legitimacy or illegitimacy
hostilities, and has been missing for four years; of such child
must prove his allegation.
(3)A person who has been in danger of death under other
circumstances and whose existence has not been known for four years; RULE 132
(4)If a married person has been absent for four consecutive years, the PRESENTATION OF EVIDENCE
spouse present may contract a subsequent marriage if he or she has
well-founded belief that the absent spouse is already death. In case of A. EXAMINATION OF WITNESSES
disappearance, where there is a danger of death the circumstances B. AUTHENTICATION AND PROOF OF DOCUMENTS
hereinabove provided, an absence of only two years shall be sufficient C. OFFER AND OBJECTION
for the purpose of contracting a subsequent marriage. However, in any
case, before marrying again, the spouse present must institute a A. EXAMINATION OF WITNESSES
summary proceedings as provided in the Family Code and in the rules
for declaration of presumptive death of the absentee, without prejudice SECTION 1.Examination to be done in open court
to the effect of reappearance of the absent spouse. Examination of witnesses
x. Acquiescence resulted from a belief that the thing acquiesced in was
Presented in a trial or hearing
conformable to the law or fact;
Shall be done in open court, and
y. Things have happened according to the ordinary course of nature and
ordinary nature habits of life; Under oath or affirmation.
z. Persons acting as copartners have entered into a contract of General rule: Answers of the witness shall be given orally
copartneship; Exceptions:
aa. A man and woman deporting themselves as husband and wife have o Witness is incapacitated to speak, or
entered into a lawful contract of marriage; o The questions calls for a different mode of answer
bb. Property acquired by a man and a woman who are capacitated to marry
each other and who live exclusively with each other as husband and SEC.2. Proceedings to be recorded
wife without the benefit of marriage or under void marriage, has been The entire proceedings of a trial or hearing,
obtained by their joint efforts, work or industry. Including the
cc. In cases of cohabitation by a man and a woman who are not o Questions propounded to a witness and
capacitated to marry each other and who have acquire properly through o His answers thereto,
their actual joint contribution of money, property or industry, such o The statements made by
contributions and their corresponding shares including joint deposits of The judge or
money and evidences of credit are equal. Any of the parties,
dd. If the marriage is terminated and the mother contracted another Counsel, or
marriage within three hundred days after such termination of the former Witnesses
marriage, these rules shall govern in the absence of proof to the o With reference to the case
contrary: Shall be recorded
By means of
(1)A child born before one hundred eighty days after the solemnization o Shorthand or
of the subsequent marriage is considered to have been conceived o Stenotype or
during such marriage, even though it be born within the three hundred o By other means of recording
days after the termination of the former marriage. Found suitable by the court.

(2)A child born after one hundred eighty days following the celebration A Transcript of the record
of the subsequent marriage is considered to have been conceived Of the proceedings
during such marriage, even though it be born within the three hundred Made by the
days after the termination of the former marriage. o Official stenographer,
o Official stenotypist or
ee. A thing once proved to exist continues as long as is usual with things of o Official recorder and
the nature; Certified as correct by him
ff. The law has been obeyed; Shall be deemed prima facie
gg. A printed or published book, purporting to be printed or published by A correct statement of such proceedings.
public authority, was so printed or published;
hh. A printed or published book, purporting contain reports of cases SEC. 3. Rights and obligations of a witness
adjudged in tribunals of the country where the book is published,
A witness must answer questions,
contains correct reports of such cases;
although his answer
ii. A trustee or other person whose duty it was to convey real property to a
particular person has actually conveyed it to him when such may tend to establish
presumption is necessary to perfect the title of such person or his a claim against him.
successor in interest; However, it is the right of a witness:
jj. Except for purposes of succession, when two persons perish in the 1. To be protected from
same calamity, such as wreck, battle, or conflagration, and it is not Irrelevant,
shown who died first, and there are no particular circumstances from Improper, or
which it can be inferred, the survivorship is determined from the Insulting questions, and from
probabilities resulting from the strength and the age of the sexes, Harsh or
according to the following rules: Insulting demeanor;
2. Not to be detained
1. If both were under the age of fifteen years, the older is deemed to Longer than the interests of justice require;
have survived; 3. Not to be examined
Except only as to matters pertinent to the issue;
2. If both were above the age sixty, the younger is deemed to have 4. Not to give an answer
survived; Which will tend to subject him
To a penalty
3. If one is under fifteen and the other above sixty, the former is For an offense
deemed to have survived; Unless otherwise provided by law; or
5. Not to give an answer
 Which will tend to degrade his reputation, who is ignorant, or
Unless it to be the very fact at issue or a child of tender years, or
To a fact from which the fact in issue would be presumed. is of feeble mind, or
But a witness must answer a deaf-mute;
To the fact of his previous final conviction d. Of an unwilling or hostile witness; or
For an offense. e. Of a witness who is
an adverse party, or
SEC. 4. Order in the examination of an individual witness an officer,
director, or
The order in which the individual witness may be examined is as follows; managing agent
of a public or private corporation or
a) DIRECT examination by the proponent of a partnership or association which is an adverse party.
b) CROSS-examination by the opponent
c) RE-DIRECT examination by the proponent A misleading question is
d) RE-CROSS examination by the opponent o one which assumes as true
o a fact not yet testified to by the witness, or
SEC. 5. DIRECT examination o contrary to that
Direct examination is the o which he has previously stated.
Examination-in-chief of a o It is not allowed.
Witness
By the party presenting him SEC. 11. Impeachment of adverse party's witness
On the facts A witness may be impeached
Relevant to the issue. By the party
Against whom he was called, by
SEC. 6. CROSS-examination; its purpose and extent 1. Contradictory evidence,
Upon the termination of the direct examination, 2. Evidence that his general reputation for truth, honestly, or
Witness may be cross-examined integrity is bad, or
By the adverse party 3. Evidence that he has made at other times statements
As to many matters stated in the direct examination, or inconsistent with his present, testimony,
Connected therewith, But not by evidence of particular wrongful acts,
With sufficient fullness and freedom o Except that it may be shown
o By the examination of the witness, or
To test his
o The record of the judgment,
o Accuracy and
o That he has been convicted of an offense.
o Truthfulness and
o Freedom from interest or
SEC. 12. Party may not impeach his own witness.
o Bias, or
o The reverse, and General Rule:
o The party producing a witness
To elicit all important facts
o Is not allowed to impeach his credibility.
Bearing upon the issue.
Exception:
o Except with respect to witnesses
SEC. 7. RE-DIRECT examination; its purpose and extent
o Referred to in:
After the cross-examination of the witness
o Section 10 (D) Unwilling or hostile witness
Has been concluded, o Section 10(E) A witness who is an adverse party or an officer,
He may be re-examined director, or managing agent of a public or private corporation or of
By the party calling him, a partnership or association which is an adverse party.
To explain or supplement his answers
Given during the cross-examination. A witness may be considered as unwilling or hostile
Only if so declared by the court
Questions on matters not dealt with Upon adequate showing of
During the cross-examination, a. His adverse interest,
May be allowed by the court b. Unjustified reluctance to testify, or
In its discretion. c. His having misled the party into calling him to the witness stand.

SEC. 8. RE-CROSS examination The unwilling or hostile witness so declared, or

Upon the conclusion The witness who is an adverse party,
Of the re-direct examination, o May be impeached
The adverse party o By the party presenting him
May re-cross-examine the witness o In all respects
On matters stated in his re-direct examination, and o As if he had been called by the adverse party,
Except by evidence of his bad character.
Also on such other matters
As may be allowed by the court
He may also be impeached and cross-examined
In its discretion. By the adverse party,
o but such cross-examination
SEC. 9. Recalling witness
o must only be on the subject matter
After the examination of a witness o of his examination-in-chief.
By both sides
Has been concluded, SEC. 13. How witness impeached by evidence of inconsistent statements
The witness cannot be recalled Before a witness can be impeached
Without leave of the court. By evidence that he has made at other times
Statements inconsistent with his present testimony,
The court will grant or withhold leave The statements must be related to him,
With the circumstances of
The times and places and the persons present, and
In its discretion, He must be asked whether he made such statements,
As the interests of justice may require. And if so,
Allowed to explain them.
SEC. 10. Leading and misleading questions
General Rule: If the statements be in writing
o A question which suggests to the witness They must be shown to the witness
o The answer Before any question is put to him
o which the examining party desires
Concerning them.
o Is a leading question.
o It is not allowed,
SEC. 14. Evidence of good character of witness
Exceptions:
General Rule:
a. On cross examination;
o Evidence of the good character of a witness
b. On preliminary matters;
o is not admissible
c. When there is a difficulty
Exception: Until such character has been impeached.
in getting direct and intelligible answers
from a witness
SEC. 15. Exclusion and separation of witnesses
 On any trial or hearing, o Has seen writing purporting to be his upon which the witness has
The judge may exclude from the court acted or been charged, and
Any witness o Has thus acquired knowledge of the handwriting of such person.
Not at the time
Under examination, Evidence respecting the handwriting
So that he may not hear the testimony May also be given by a comparison,
Of other witnesses. Made by the witness or the court,
With writings admitted or treated as genuine
The judge may also cause witnesses By the party against whom the evidence is offered,
To be kept separate and Or proved to be genuine
To be prevented from conversing with one another To the satisfaction of the judge.
Until all shall have been examined.
SEC. 23. Public documents as evidence
SEC. 16 . When witness may refer to memorandum. Documents consisting of entries in public records
A witness may be allowed to refresh his memory made in the performance of a duty by a public officer
Respecting a fact, are prima facie evidence
By anything written or recorded of the facts therein stated.
By himself or under his direction
At the time when the fact occurred, or All other public documents are evidence
Immediately thereafter, or Of the fact which gave rise to their execution and of the date of the latter.
At any other time when the fact was fresh in his memory and Even against a third person
Knew that the same was correctly written or recorded;
But in such case SEC. 24. Proof of official record
The writing or record must be produced and The record of public documents
May be inspected by the adverse party, referred to in paragraph (a) of Section 19,
Who may, if he chooses, cross examine the witness when admissible for any purpose,
Upon it, and may be evidenced by an official publication thereof or
May read it in evidence. by a copy attested by the officer having the legal custody of the record, or
by his deputy, and
So, also, a witness may testify accompanied, if the record is not kept in the Philippines,
with a certificate that such officer has the custody.

If the office in which the record is kept

From such writing or record,
is in a foreign country,
Though he retain no recollection of the particular facts,
the certificate may be made by
If he is able to swear
o Secretary of the embassy or legation,
That the writing or record
o Consul general,
Correctly stated the transaction when made; o Consul,
But such evidence must be received with caution. o Vice consul, or
o Consular agent or
B. AUTHENTICATION AND PROOF OF DOCUMENTS o By any officer in the foreign service of the Philippines stationed in
the foreign country in which the record is kept,
SEC. 19. Classes of Documents And authenticated by the seal of his office.
For the purpose of their presentation evidence,
Documents are either public or private. SEC. 25 . What attestation of copy must state.
Whenever a copy of a document or record
Public documents are: Is attested for the purpose of evidence,
a. The written official acts, or records of The attestation must state, in substance,
The official acts of the sovereign authority, o That the copy is a correct copy of the original, or
Official bodies and tribunals, and o A specific part thereof, as the case may be.
Public officers,
The attestation must be under the official seal of the attesting officer, if there
Whether of the Philippines, or of a foreign country;
be any, or
If he be the clerk of a court having a seal, under the seal of such court.
b. Documents
Acknowledged before a notary public
SEC. 26. Irremovability of public record
Except last wills and testaments; and
General Rule:
c. Public records, kept in the Philippines, of private documents required by o Any public record,
law to the entered therein. o An official copy of which is admissible in evidence,
o Must not be removed from the office
o In which it is kept,
All other writings are private.
Exception:
SEC. 20 . Proof of private document. o Except upon order of a court
Before any private document o Where the inspection of the record is essential
offered as authentic o To the just determination of a pending case.
is received in evidence,
its due execution and authenticity SEC. 27. Public record of a private document
must be proved either: An authorized public record of a private document
a. By anyone who saw the document executed or written; or May be proved by
b. By evidence of the genuineness of the signature or handwriting of the o The original record, or
maker. o By a copy thereof,
Attested by the legal custodian of the record,
Any other private document With an appropriate certificate
need only be identified That such officer has the custody.
as that which it is claimed to be.
SEC. 28. Proof of lack of record
SEC. 21 . When evidence of authenticity of private document not necessary. A written statement
Signed by an officer
Where a private document is more than thirty years old, is produced from the Having the custody of an official record or
custody in which it would naturally be found if genuine, and is unblemished by any By his deputy
alterations or circumstances of suspicion, no other evidence of its authenticity need That after diligent search
be given. (22a) No record or entry of a specified tenor
Is found to exist in the records of his office,
SEC. 22. How genuineness of handwriting proved. Accompanied by a certificate as above provided,
The handwriting of a person Is admissible as evidence
May be proved That the records of his office
By any witness Contain no such record or entry.
Who believes it to be the handwriting
Of such person SEC. 29. How judicial record impeached
o Because he has seen the person write, or Any judicial record may be impeached
 by evidence of: SEC. 37. When repetition of objection unnecessary
a. Want of jurisdiction in the court or judicial officer, When it becomes reasonably apparent
b. Collusion between the parties, or In the course of the examination of a witness
c. Fraud in the party offering the record, in respect to the That the question being propounded
proceedings. Are of the same class
As those to which objection has been made,
SEC. 30. Proof of notarial documents o Whether such objection was sustained or overruled,
Every instrument It shall not be necessary to repeat the objection,
Duly acknowledged or proved and It being sufficient for the adverse party
Certified as provided by law, To record his continuing objection
May be presented in evidence To such class of questions.
Without further proof,
The certificate of acknowledgment SEC. 38. Ruling
Being prima facie evidence General Rule:
Of the execution of the instrument or document involved. o The ruling of the court
o must be given immediately
SEC. 31. Alteration in document, how to explain o after the objection is made,
The party producing a document as genuine Exception:
Which has been altered and o unless the court desires to take a reasonable time
Appears to have been altered after its execution, o to inform itself on the question presented;
In a part material to the question in dispute, But the ruling shall always be made
Must account for the alteration. o During the trial and
o At such time
He may show that the alteration o As will give the party
o Was made by another, o Against whom it is made
o Without his concurrence, or o An opportunity to meet the situation
o Was made with the consent of the parties affected by it, or o Presented by the ruling.
o Was otherwise properly or innocent made, or
o That the alteration did not change the meaning or language of the The reason
instrument. o For sustaining or overruling an objection
If he fails to do that, o Need not be stated.
The document shall not be admissible in evidence.
However, if the objection
SEC. 32. Seal o Is based on two or more grounds,
There shall be no difference o A ruling sustaining the objection
Between sealed and unsealed private documents o On one or some of them
Insofar as their admissibility as evidence is concerned. o Must specify the ground or grounds
o Relied upon.
SEC. 33. Documentary evidence in an unofficial language
General Rule: SEC. 39. Striking out answer
o Documents written in an unofficial language Should a witness answer the question
o Shall not be admitted as evidence, o Before the adverse party
Exception: o Had the opportunity to voice fully
o Unless accompanied with a translation o Its objection to the same, and
o Into English or Filipino. o Such objection is found to be meritorious,
The court shall sustain the objection and
To avoid interruption of proceedings, Order the answer given to be stricken off the record.
Parties or their attorneys
Are directed to have such translation prepared On proper motion,
Before trial. The court may also order
The striking out of answers
C. OFFER AND OBJECTION Which are
o Incompetent,
SEC. 34. Offer of evidence o Irrelevant, or
The court shall consider no evidence o Otherwise improper.
Which has not been formally offered.
SEC. 40. Tender of excluded evidence
The purpose If documents or things
For which the evidence is offered Offered in evidence
Must be specified. Are excluded by the court,
o The offeror may have the same
SEC. 35. When to make offer o Attached to or
1. Testimonial evident o Made part of the record.
o As regards the testimony of a witness,
o The offer must be made If the evidence excluded is oral,
o At the time the witness is called to testify. o The offeror may state for the record
2. Documentary and object evidence o The name and other personal circumstances
o Shall be offered o Of the witness and
o After the presentation of a party's testimonial evidence. o The substance of the proposed testimony.

General Rule: Such offer shall be done orally RULE 133

Exception: Unless allowed by the court to be done in writing
WEIGHT AND SUFFICIENCY OF EVIDENCE
SEC. 36. Objection
SECTION 1. Preponderance of evidence, how determined
1. Objection to evidence offered orally
o Must be made immediately after the offer is made. In Civil Cases,
The party having burden of proof
2. Objection to a question propounded Must establish his case
o In the course of the oral examination of a witness o By a preponderance of evidence.
o Shall be made as soon as the grounds therefor
o Shall become reasonably apparent. In determining where the preponderance or superior weight of evidence
On the issues involved lies,
3. An offer of evidence in writing The court may consider
o Shall be objected to within 3 days after notice of the offer o All the facts and circumstances of the case,
o Unless a different period is allowed by the court. o The witnesses' manner of testifying,
o Their intelligence, their means and opportunity of knowing the
4. In any case, facts to which there are testifying,
o The grounds for the objections o The nature of the facts to which they testify,
o Must be specified. o The probability or improbability of their testimony,
o Their interest or want of interest, and also
 o Their personal credibility so far as the same may legitimately b. The subject matter of the expected action and his interest therein;
appear upon the trial. c. The facts which he desires to establish by the proposed testimony and his
The court may also consider reasons for desiring to perpetuate it;
o The number of witnesses, d. The names of a description of the persons he expects will be adverse parties
o Though the preponderance is not necessarily with the greater and their addresses so far as known; and
number. e. The names and addresses of the persons to be examined and the substance
of the testimony which he expects to elicit from each, and shall ask for an
SEC. 2. Proof beyond reasonable doubt. order authorizing the petitioner to take the depositions of the persons to be
In a Criminal Case, examined named in the petition for the purpose of perpetuating their
The accused is entitled to an acquittal, testimony.
o Unless his guilt is shown beyond reasonable doubt.
SEC. 3. Notice and service
Proof beyond reasonable doubt The petitioner shall thereafter
o Does not mean such a degree of proof as, Serve a notice
o Excluding possibility of error, Upon each person named in the petition
o Produces absolute certainly. As an expected adverse party,
Together with a copy of a petition,
Moral certainly only is required, Stating that the petitioner will apply to the court,
o Or that degree of proof At a time and place named therein,
o Which produces conviction For the order described in the petition.
o In an unprejudiced mind. At least twenty (20) days before the date of hearing the notice shall be served
in the manner provided for service of summons.
SEC. 3. Extrajudicial confession, not sufficient ground for conviction
General Rule: SEC. 4. Order of examination
o An extrajudicial confession If the court is satisfied
o Made by an accused, That the perpetuation of the testimony
Shall not be sufficient ground for conviction, May prevent a failure or delay of justice,
Exception: It shall make an order
o Unless corroborated Designating or describing
o By evidence of corpus delicti.
The persons whose deposition may be taken and
Specifying the subject matter of the examination, and
SEC. 4. Circumstantial evidence, when sufficient
Whether the depositions shall be taken upon oral examination or written
Circumstantial evidence
interrogatories.
Is sufficient for conviction if:
The depositions may then be taken in accordance with Rule 24 before the
1. There is more than one circumstance;
hearing.
2. The facts from which the inferences are derived are proven; and
3. The combination of all the circumstances
SEC. 5. Reference to court
a. Is such as to produce a conviction
b. Beyond reasonable doubt. For the purpose of applying Rule 24 to depositions for perpetuating testimony,
Each reference therein to the court
SEC. 5. Substantial evidence In which the action is pending
In cases filed before administrative or quasi-judicial bodies, Shall be deemed to refer to the court in which the petition for such deposition
A fact may be deemed established was filed.
If it is supported by Substantial Evidence, or
o That amount of relevant evidence SEC. 6. Use of deposition
o Which a reasonable mind might accept If a deposition to perpetuate testimony
o As adequate to justify a conclusion. Is taken under this rule, or if,
Although not so taken,
SEC. 6. Power of the court to stop further evidence It would be admissible in evidence,
The court may stop the introduction of It may be used in any action
Further testimony upon Involving the same subject matter subsequently brought in accordance with
Any particular point the provisions of Sections 4 and 5 of Rule 24.
When the evidence upon it
Is already so full SEC. 7. Depositions pending appeal
That more witnesses to the same point If an appeal has been taken from a judgment of the Regional Trial Court or
Cannot be reasonably expected Before the taking of an appeal if the time therefor has not expired,
To be additionally persuasive. The Regional Trial Court in which the judgment was rendered
May allow the taking of depositions of witnesses
But this power should be exercised with caution. To perpetuate their testimony for use in the event of further proceedings in the
said court.
SEC. 7. Evidence on motion In such case the party who desires to perpetuate the testimony may make a
When a motion is based on facts motion in the said Regional Trial Court for leave to take the depositions,
Not appearing of record Upon the same notice and service thereof as if the action was pending
The court may hear the matter therein.
On affidavits or depositions
Presented by the respective parties, The motion shall show
a. Name and the addresses of the persons to be examined and the
But the court may direct
substance of the testimony which he expects to elicit from each;
o That the matter be heard wholly or partly
and
o On oral testimony or depositions.
b. Reason for perpetuating their testimony.
RULE 134
If the court finds that the perpetuation of the testimony
[NOTE: This rule will be transposed to Part 1 of the Rules of Court on Is proper to avoid a failure or delay of justice,
Deposition and Discovery] It may make an order
Perpetuation of Testimony Allowing the depositions to be taken, and thereupon
The depositions may be taken and used
SECTION 1. Petition In the same manner and under the same conditions
A person who desires to perpetuate As are prescribed in these rules for depositions taken in actions pending in
His own testimony or the Regional Trial Court.
That of another person
Regarding any matter
That may be cognizable
In any court of the Philippines,
May file a verified petition
In the court of the province of the residence of any expected adverse party.

SEC. 2. Contents of petition

The petition shall be entitled in the name of the petitioner and shall show:
a. That the petitioner expects to be a party to an action in a court of the
Philippines by is presently unable to bring it or cause it to be brought;