I.

ADMISSIBILITY OF EVIDENCE

RULE 128 GENERAL PROVISIONS

Sec. 1. Evidence defined. Evidence is the means, sanctioned by these rules,

of ascertaining in a judicial proceeding the truth respecting a matter of fact.
(1)

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

Sec. 3.Admissibility of evidence. Evidence is admissible when it is relevant

to the issue and is not excluded by the law of these rules. (3a)
Sec. 4.Relevancy collateral matters. Evidence must have such a relation to
the fact in issue as to induce belief in its existence or non-existence.
Evidence on collateral matters shall not be allowed, except when it tends in
any reasonable degree to establish the probability or improbability of the fact
in issue. (4a)

EXCLUSIONARY RULE UNDER THE 1987 CONSTITUTION

SECTION 2. The right of the people to be secure in their persons, houses,

papers, and effects against unreasonable searches and seizures of
whatever nature and for any purpose shall be inviolable, and no search
warrant or warrant of arrest shall issue except upon probable cause to be
determined personally by the judge after examination under oath or
affirmation of the complainant and the witnesses he may produce, and
particularly describing the place to be searched and the persons or things to
be seized.
SECTION 3. (1) The privacy of communication and correspondence shall be
inviolable except upon lawful order of the court, or when public safety or
order requires otherwise as prescribed by law.
(2) Any evidence obtained in violation of this or the preceding section shall
be inadmissible for any purpose in any proceeding.
SECTION 12. (1) Any person under investigation for the commission of an
offense shall have the right to be informed of his right to remain silent and to
have competent and independent counsel preferably of his own choice. If
the person cannot afford the services of counsel, he must be provided with
one. These rights cannot be waived except in writing and in the presence of
counsel.
(2) No torture, force, violence, threat, intimidation, or any other means which
vitiate the free will shall be used against him. Secret detention places,
solitary, incommunicado, or other similar forms of detention are prohibited.

(3) Any confession or admission obtained in violation of this or Section 17

hereof shall be inadmissible in evidence against him.

(4) The law shall provide for penal and civil sanctions for violations of this
section as well as compensation to and rehabilitation of victims of torture or
similar practices, and their families.
SECTION 17. No person shall be compelled to be a witness against himself.

STATUTORY RULES OF EXCLUSION

Section 201. Effect of Failure to Stamp Taxable Document. - An instrument,
document or paper which is required by law to be stamped and which has
been signed, issued, accepted or transferred without being duly stamped,
shall not be recorded, nor shall it or any copy thereof or any record of transfer
of the same be admitted or used in evidence in any court until the requisite
stamp or stamps are affixed thereto and cancelled.

RA 1405: LAW ON SECRECY OF BANK DEPOSITS

AN ACT PROHIBITING DISCLOSURE OF OR INQUIRY INTO, DEPOSITS
WITH ANY BANKING INSTITUTION AND PROVIDING PENALTY
THEREFOR.
Section 1. It is hereby declared to be the policy of the Government to give
encouragement to the people to deposit their money in banking institutions
and to discourage private hoarding so that the same may be properly utilized
by banks in authorized loans to assist in the economic development of the
country.

Section 2. 1 All deposits of whatever nature with banks or banking institutions

in the Philippines including investments in bonds issued by the Government
of the Philippines, its political subdivisions and its instrumentalities, are
hereby considered as of an absolutely confidential nature and may not be
examined, inquired or looked into by any person, government official, bureau
or office, except upon written permission of the depositor, or in cases of
impeachment, or upon order of a competent court in cases of bribery or
dereliction of duty of public officials, or in cases where the money deposited
or invested is the subject matter of the litigation.
Section 3. It shall be unlawful for any official or employee of a banking
institution to disclose to any person other than those mentioned in Section
two hereof any information concerning said deposits.
Section 4. All Acts or parts of Acts, Special Charters, Executive Orders,
Rules and Regulations which are inconsistent with the provisions of this Act
are hereby repealed.
Section 5. Any violation of this law will subject offender upon conviction, to
an imprisonment of not more than five years or a fine of not more than twenty
thousand pesos or both, in the discretion of the court.

Section 6. This Act shall take effect upon its approval.

1 This Section and Section 3 were both amended by PD No. 1792 issued
January 16, 1981, PD 1792 was expressly repealed by Sec 135 of R.A. No.
7653, approved June 14, 1993. The original sections 2 and 3 of R.A. No.1405
are hereby reproduced for reference, as follows "Sec 2 All deposits of
whatever nature with banks or banking institutions in the Philippines
including investments in bonds issued by the Government of the Philippines,
its political subdivisions and its instrumentalities, are hereby considered as
of an absolutely confidential nature and may not be examined, inquired or
looked into by any person, government official, bureau or office, except upon
written per-mission of the depositor, or in cases of impeachment, or upon
order of a competent court in cases of bribery or dereliction of duty of public
officials. or in cases where the money deposited or invested is the subject
matter of the litigation," "Sec. 3. It shall be unlawful for any official or
employee of a banking institution to disclose to any person other than those
mentioned in Section two hereof any information concerning said deposits."
RA 4200 WIRETAPPING ACT

AN ACT TO PROHIBIT AND PENALIZE WIRE TAPPING AND OTHER

RELATED VIOLATIONS OF THE PRIVACY OF COMMUNICATION, AND
FOR OTHER PURPOSES.

Section 1. It shall be unlawful for any person, not being authorized by all the
parties to any private communication or spoken word, to tap any wire or
cable, or by using any other device or arrangement, to secretly overhear,
intercept, or record such communication or spoken word by using a device
commonly known as a dictaphone or dictagraph or dictaphone or walkie-
talkie or tape recorder, or however otherwise described:
It shall also be unlawful for any person, be he a participant or not in the act
or acts penalized in the next preceding sentence, to knowingly possess any
tape record, wire record, disc record, or any other such record, or copies
thereof, of any communication or spoken word secured either before or after
the effective date of this Act in the manner prohibited by this law or to replay
the same for any other person or persons or to communicate the contents
thereof, either verbally or in writing, or to furnish transcriptions thereof,
whether complete or partial, to any other person: Provided, That the use of
such record or any copies thereof as evidence in any civil, criminal
investigation or trial of offenses mentioned in section 3 hereof, shall not be
covered by this prohibition.
Section 2. Any person who willfully or knowingly does or who shall aid,
permit, or cause to be done any of the acts declared to be unlawful in the
preceding section or who violates the provisions of the following section or
of any order issued thereunder, or aids, permits, or causes such violation
shall, upon conviction thereof, be punished by imprisonment for not less than
six months or more than six years and with the accessory penalty of
perpetual absolute disqualification from public office if the offender be a
public official at the time of the commission of the offense, and, if the offender
is an alien he shall be subject to deportation proceedings.

Section 3. Nothing contained in this Act, however, shall render it unlawful or

punishable for any peace officer, who is authorized by a written order of the
Court, to execute any of the acts declared to be unlawful in the two preceding
sections in cases involving the crimes of treason, espionage, provoking war
and disloyalty in case of war, piracy, mutiny in the high seas, rebellion,
conspiracy and proposal to commit rebellion, inciting to rebellion, sedition,
conspiracy to commit sedition, inciting to sedition, kidnapping as defined by
the Revised Penal Code, and violations of Commonwealth Act No. 616,
punishing espionage and other offenses against national security:Provided,
That such written order shall only be issued or granted upon written
application and the examination under oath or affirmation of the applicant
and the witnesses he may produce and a showing: (1) that there are
reasonable grounds to believe that any of the crimes enumerated
hereinabove has been committed or is being committed or is about to be
committed: Provided, however, That in cases involving the offenses of
rebellion, conspiracy and proposal to commit rebellion, inciting to rebellion,
sedition, conspiracy to commit sedition, and inciting to sedition, such
authority shall be granted only upon prior proof that a rebellion or acts of
sedition, as the case may be, have actually been or are being committed (2)
that there are reasonable grounds to believe that evidence will be obtained
essential to the conviction of any person for, or to the solution of, or to the
prevention of, any of such crimes and (3) that there are no other means
readily available for obtaining such evidence.

The order granted or issued shall specify: (1) the identity of the person or
persons whose communications, conversations, discussions, or spoken
words are to be overheard, intercepted, or recorded and, in the case of
telegraphic or telephonic communications, the telegraph line or the
telephone number involved and its location (2) the identity of the peace
officer authorized to overhear, intercept, or record the communications,
conversations, discussions, or spoken words (3) the offense or offenses
committed or sought to be prevented and (4) the period of the authorization.
The authorization shall be effective for the period specified in the order which
shall not exceed sixty (60) days from the date of issuance of the order, unless
extended or renewed by the court upon being satisfied that such extension
or renewal is in the public interest.

All recordings made under court authorization shall, within forty-eight hours
after the expiration of the period fixed in the order, be deposited with the
court in a sealed envelope or sealed package, and shall be accompanied by
an affidavit of the peace officer granted such authority stating the number of
recordings made, the dates and times covered by each recording, the
number of tapes, discs, or records included in the deposit, and certifying that
no duplicates or copies of the whole or any part thereof have been made, or
if made, that all such duplicates or copies are included in the envelope or
package deposited with the court. The envelope or package so deposited
shall not be opened, or the recordings replayed, or used in evidence, or their
contents revealed, except upon order of the court, which shall not be granted
except upon motion, with due notice and opportunity to be heard to the
person or persons whose conversation or communications have been
recorded.

The court referred to in this section shall be understood to mean the Court
of First Instance within whose territorial jurisdiction the acts for which
authority is applied for are to be executed.
Section 4. Any communication or spoken word, or the existence, contents,
substance, purport, effect, or meaning of the same or any part thereof, or
any information therein contained obtained or secured by any person in
violation of the preceding sections of this Act shall not be admissible in
evidence in any judicial, quasi-judicial, legislative or administrative hearing
or investigation.
Section 5. All laws inconsistent with the provisions of this Act are hereby
repealed or accordingly amended.

Section 6. This Act shall take effect upon its approval

II. WHAT NEED NOT BE PROVED

RULE 129, SECTIONS 1-4, RULE 10 SECTION 8

WHAT NEED NOT BE PROVED
 SEC. 1. Judicial notice, when mandatory.

A court shall take judicial notice, without the introduction of evidence, of the
existence and territorial extent of states, their political history, forms of
government and symbols of nationality, the law of nations, the admiralty and
maritime courts of the world and their seals, the political constitution and
history of the Philippines, the official acts of the legislative, executive and
judicial departments of the Philippines, the laws of nature, the measure of
time, and the geographical divisions.(1a)

SEC. 2. Judicial notice, when discretionary. A court may take judicial notice
of matters which are of public knowledge, or are capable of unquestionable
demonstration, or ought to be known to judges because of their judicial
functions.(1a)
SEC. 3. Judicial notice, when hearing necessary. During the trial, the court,
on its own initiative, or on request of a party, may announce its intention to
take judicial notice of any matter and allow the parties to be heard
thereon.
 After the trial, and before judgment or on appeal, the proper court,
on its own initiative or on request of a party, may take judicial notice of any
matter and allow the parties to be heard thereon if such matter is decisive of
a material issue in the case.(n)
SEC. 4. Judicial admissions. An admission, verbal or written, made by a
party in the course of the proceedings in the same case, does not require
proof. The admission may be contradicted only by showing that it was made
through palpable mistake or that no such admission was made.(2a)

RULE 10

SEC. 8. Effect of amended pleadings. An amended pleading supersedes the

pleading that it amends. However, admissions in superseded pleadings may
be received in evidence against the pleader and claims or defenses alleged
therein not incorporated in the amended pleading shall be deemed waived.

III. REAL AND DEMONSTRATIVE EVIDENCE

RULE 130, SECTIONS 1 AND 2

RULES OF ADMISSIBILITY

A. OBJECT (REAL) EVIDENCE
 SEC. 1. Object as evidence. Objects as

evidence are those addressed to the senses of the court. When an object is
relevant to the fact in issue, it may be exhibited to, examined or viewed by
the court.(1a)

B. DOCUMENTARY EVIDENCE
 SEC. 2. Documentary evidence.

Documents as evidence consist of writings or any material containing letters,
words, numbers, figures, symbols or other modes of written expressions
offered as proof of their contents.(n)
IV. BEST EVIDENCE RULE

RULE 130 SECTIONS 2-8

DOCUMENTARY EVIDENCE


SEC. 2. Documentary evidence. Documents as evidence consist of writings

or any material containing letters, words, numbers, figures, symbols or other
modes of written expressions offered as proof of their contents.(n)

BEST EVIDENCE RULE


SEC. 3. Original document must be produced exceptions. When the subject

of inquiry is the contents of a document, no evidence shall be admissible
other than the original document itself, except in the following cases:


(a) When the original has been lost or destroyed, or cannot be produced in
court, without bad faith on the part of the offeror 


(b) When the original is in the custody or under the control of the party against
whom the evidence is offered, and the latter fails to produce it after
reasonable notice 


(c) When the original consists of numerous accounts or other documents

which cannot be examined in court without great loss of time and the fact
sought to be established from them is only the general result of the whole
and


(d) When the original is a public record in the custody of a public officer or is
recorded in a public office.(2a)

SEC. 4. Original of document. 


(a) The original of a document is one the contents of which are the subject
of inquiry.


(b) When a document is in two or more copies executed at or about the same
time, with identical contents, all such copies are equally regarded as
originals.


(c) When an entry is repeated in the regular course of business, one being
copied from another at or near the time of the transaction, all the entries are
likewise equally regarded as originals. (3a)

SECONDARY EVIDENCE


SEC. 5. When original document is unavailable. When the original document

has been lost or destroyed, or cannot be produced in court, the offeror, upon
proof of its execution or existence and the cause of its unavailability without
bad faith on his part, may prove its contents by a copy, or by a recital of its
contents in some authentic document, or by the testimony of witnesses in
the order stated. (4a)

SEC. 6. When original document is in adverse party's custody or control. If

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

SEC. 7. Evidence admissible when original document is a public record.

When the original of a document is in the custody of a public officer or is
recorded in a public office, its contents may be proved by a certified copy
issued by the public officer in custody thereof. (2a)

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

RULE 132, SECTIONS 25 & 27

SEC. 25. What attestation of copy must state. Whenever a copy of a
document or record is attested for the purpose of evidence, the attestation
must state, in substance, that the copy is a correct copy of the original, or a
specific part thereof, as the case may be. The attestation must be under the
official seal of the attesting officer, if there be any, or if he be the clerk of a
court having a seal, under the seal of such court.(26a)
SEC. 27. Public record of a private document. An authorized public record
of a private document may be proved by the original record, or by a copy
thereof, attested by the legal custodian of the record, with an appropriate
certificate that such officer has the custody .(28a

RA 8792 ELECTRONIC COMMERCE ACT

SECTION 5. Definition of Terms- For the purposes of this Act, the following
terms are defined, as follows: (a) "Addressee" refers to a person who is
intended by the originator to receive the electronic data message or
electronic document, but does not include a person acting as an intermediary
with respect to that electronic data message or electronic data
document."Computer" refers to any device or apparatus singly or
interconnected which, by electronic, electro-mechanical, optical and/or
magnetic impulse, or other means with the same function, can receive,
record, transmit, store, process, correlate, analyze, projects, retrieve, and/or
produce information, data, text, graphics, figures, voice, video, symbols or
other modes of expression or perform any one or more of these
functions.
 (b) "Electronic data message" refers to information generated,
sent, received or stored by electronic, optical or similar means.
 (c)
"Information and Communications System" refers to a system for generating,
sending, receiving, storing, or otherwise processing electronic documents
and includes the computer system or other similar device by or in which data
is recorded or stored and any procedures related to the recording or storage
of electronic document.
 (d) "Electronic signature" refers to any distinctive
mark, characteristic and/or sound in electronic from, representing the identity
of a person and attached to or logically associated with the electronic data
message or electronic document or any methodology or procedures
employed or adopted by a person and executed or adopted by such person
with the intention of authenticating or approving an electronic data message
or electronic document.
 (e) "Electronic document" refers to information or
the representation of information, data, figures, symbols or other modes of
written expression, described or however represented, by which a right is
established or an obligation extinguished, or by which a fact may be prove
and affirmed, which is receive, recorded, transmitted, stored, processed,
retrieved or produced electronically.
 (f) "Electronic key" refers to a secret
code which secures and defends sensitive information that crossover public
channels into a form decipherable only with a matching electronic key.

(g) "Intermediary" refers to a person who in behalf of another person and

with respect to a particular electronic document sends, receives and/or
stores provides other services in respect of that electronic data message or
electronic document.
 (h) "Originator" refers to a person by whom, or on
whose behalf, the electronic document purports to have been created,
generated and/or sent. The term does not include a person acting as an
intermediary with respect to that electronic document.

(i) "Service provider" refers to a provider of-
 a. Online services or network

access or the operator of facilities therefor including entities offering
the transmission, routing, or providing of connections for online
communications, digital or otherwise, between or among points specified by
a user, of electronic documents of the user's choosing or

b. The necessary technical means by which electronic documents of an

originator may be stored and made accessible to designated or
undesignated third party.

Such service providers shall have no authority to modify or alter the content
of the electronic document received or to make any entry therein on behalf
of the originator, addressee or any third party unless specifically authorized
to do so, and who shall retain the electronic document in accordance with
the specific request or as necessary for the purpose of performing the
services it was engaged to perform.

CHAPTER II
 LEGAL RECOGNITION OF ELECTRONIC DATA

MESSAGES AND ELECTRONIC DOCUMENTS SECTION 6. Legal
Recognition of Electronic Data Messages- Information shall not be denied
validity or enforceability solely on the ground that it is in the form of electronic
data message purporting to give rise

to such legal effect, or that it is merely incorporated by reference in that

electronic data message.

SECTION 7. Legal Recognition of Electronic documents- Electronic

documents shall have the legal effect, validity or enforceability as any other
document or legal writing, and-
 (a) Where the law requires a document to
be in writing, that requirement is met by an electronic document if the said
electronic document maintains its integrity and reliability and can be
authenticated so as to be usable for subsequent reference, in that

i. The electronic document has remained complete and unaltered, apart from
the addition of any endorsement and any authorized change, or any change
which arises in the normal course of communication, storage and display
and

ii. The electronic document is reliable in the light of the purpose for which it
was generated and in the light of all relevant circumstances.
 (b) Paragraph
(a) applies whether the requirement therein is in the form of an obligation or
whether the law simply provides consequences for the document not being
presented or retained in its original form. (c) Where the law requires that a
document be presented or retained in its original form, that requirement is
met by an electronic document if-

i. There exists a reliable assurance as to the integrity of the document from

the time when it was first generated in its final from and

ii. That document is capable of being displayed to the person to whom it is

to be presented: Provided that no provision of this Act shall apply to vary any
and all requirements of existing laws on formalities required in the execution
of documents fortheir validity.
 For evidentiary purposes, an electronic
document shall be the functional equivalent of a written document under
existing laws.
This Act does not modify any statutory any statutory rule relating to
admissibility of electronic data massages or electronic documents, except
the rules relating to authentication and best evidence.

SECTION 8. Legal Recognition of Electronic Signatures.- An electronic

signature on the electronic document shall be equivalent to the signature of
a person on a written document if the signature is an electronic signature
and proved by showing that a prescribed procedure, not alterable by the
parties interested in the electronic document, existed under which-
(a) A method is used to identify the party sought to be bound and to indicate
said party's access to the electronic document necessary for his consent or
approval through the electronic signature 
 (b) Said method is reliable and
appropriate for the purpose for which the electronic document was generated
or communicated, in the light of all circumstances, including any relevant
agreement

(c) It is necessary for the party sought to be bound, in or order to proceed

further with the transaction to have executed or provided the electronic
signature and
 (d) The other party is authorized and enable to verify the
electronic signature and to make the decision to proceed with the transaction
authenticated by the same.

SECTION 9. Presumption Relating to Electronic Signatures-In any

proceedings involving an electronic signature, it shall be presumed that,
 (a)
The electronic signature is the signature of the person to whom it correlates
and
 (b) The electronic signature was affixed by that person with the
intention of signing or approving the electronic document unless the person
relying on the electronically designed electronic document knows or has
noticed of defects in or unreliability of the signature or reliance on the
electronic signature is not reasonable under the circumstances.

SECTION 10. Original Documents.-
 (1) Where the law requires information
to be presented or retained in its original form, that requirement is met by an
electronic data message or electronic document if
(a) the integrity of the information from the time when it was first generated
in its final form, as an electronic document is shown by evidence aliunde or
otherwise and

(b) where otherwise it is required that information be resented, that the

information is capable of being displayed to the person to whom it is to be
presented.
 (2) Paragraph (1) applies whether the requirement therein is in
the form of an obligation or whether the law simply provides consequences
for the information not being presented or retained in its original form. (3) For
the purpose of subparagraph (a) of paragraph (1):
(a) the criteria for assessing integrity shall be whether the information has
remained
complete and unaltered, apart from the addition of any endorsement and any
change which arises in the normal course of communication, storage and
display and
(b) the standard of reliability required shall be assessed in the light of
purposed for which the information was generated and in the light of all the
relevant circumstances.

SECTION 11. Authentication of Electronic Data Messages and Electronic

Documents.- Until the Supreme Court by appropriate rules shall have so
provided, electronic documents, electronic data messages and electronic
signatures, shall be authenticated by demonstrating, substantiating and
validating a claimed identity of a user, device, or another entity is an
information or communication system, among other ways, as follows

(a) The electronic signatures shall be authenticated by proof than a letter,

character, number or other symbol in electronic form representing the
persons named in and attached to or logically associated with an electronic
data message, electronic document, or that the appropriate methodology or
security procedures,whenapplicable,were employed or adopted by such
person, with the intention of authenticating or approving in an electronic data
message or electronic document

(b) The electronic data message or electronic document shall be

authenticated by proof that an appropriate security procedure, when
applicable was adopted and employed for the purpose of verifying the
originator of an electronic data message or electronic document, or detecting
error or alteration in the communication, content or storage of an electronic
document or electronic data message from a specific point, which, using
algorithms or codes, identifying words or numbers, encryptions, answers
back or acknowledgement procedures, or similar security devices.
The Supreme Court may adopt such other authentication procedures,
including the use of electronic notarization systems as necessary and
advisable, as well as the certificate of authentication on printed or hard
copies of the electronic documents or electronic data messages by electronic
notaries, service providers and other duly recognized or appointed
certification authorities.
The person seeking to introduce an electronic data message or electronic
document in any legal proceeding has the burden of proving its authenticity
by evidence capable of supporting a finding that the electronic data message
or electronic document is what the person claims it to be.

In the absence of evidence to the contrary, the integrity of the information

and communication system in which an electronic data message or
electronic document is recorded or stored may be established in any legal
proceeding

a.) By evidence that at all material times the information and communication
system or other similar device was operating in a manner that did not affect
the integrity of the electronic data message or electronic document, and
there are no other reasonable grounds to doubt the integrity of the
information and communication system,
b.) By showing that the electronic data message or electronic document was
recorded or stored by a party to the proceedings who is adverse in interest
to the party using it or
c.) By showing that the electronic data message or electronic document was
recorded or stored in the usual and ordinary course of business by a person
who is not a party to the proceedings and who did not act under the control
of the party using the record.

SECTION 12. Admissibility and Evidential Weight of Electronic Data

Message or electronic document. In any legal proceedings, nothing in the
application of the rules on evidence shall deny the admissibility of an
electronic data message or electronic document in evidence 
 (a) On the
sole ground that it is in electronic form or
(b) On the ground that it is not in the standard written form, and the electronic
data message or electronic document meeting, and complying with the
requirements under Sections 6 or7 hereof shall be the best evidence of the
agreement and transaction contained therein.

In assessing the evidential weight of an electronic data message or

electronic document, the reliability of the manner in which it was generated,
stored or communicated, the reliability of the manner in which its originator
was identified, and other relevant factor shall be given due regard.

SECTION 13.Retention of Electronic Data Message or Electronic Document.

Notwithstanding any provision of law, rule or regulation to the contrary 
 (a)
The requirement in any provision of law that certain documents be retained
in their original form is satisfied by retaining them in the form of an electronic
data message or electronic document which
(i) Remains accessible so as to be usable for subsequent reference

(ii) Is retained in the format in which it was generated, sent or received, or in

a format which can be demonstrated to accurately represent the electronic
data message or electronic document generated, sent or received

(iii) Enables the identification of its originator and addressee, as well as the
determination of the date and the time it was sent or received.
 (b) The
requirement referred to in paragraph (a) is satisfied by using the services of
a third party, provided that the conditions set fourth in subparagraph s (I), (ii)
and (iii) of paragraph (a) are met.
SECTION 14. Proof by Affidavit, - The matters referred to in Section 12, on
admissibility and Section 9, on the presumption of integrity, may be
presumed to have been established by an affidavit given to the best of the
deponent's knowledge subject to the rights of parties in interest as defined
in the following section.

SECTION 15. Cross Examination.
 (1) A deponent of an affidavit referred to

in Section 14 that has been introduced in evidence may be cross- examined
as of right by a party who has introduced the affidavit or has caused the
affidavit to be introduced.
 (2) Any party to the proceedings has the right to
cross-examine a person referred to in section 11, Paragraph 4, sub
paragraph c.

RULES ON ELECTRONIC EVIDENCE

RULE 2

DEFINITION OF TERMS AND CONSTRUCTION
 SECTION 1. Definition

of Terms. - For purposes of these Rules, the following terms are defined, as
follows: (a) means a system capable of generating a secure key pair,
consisting of a private key for creating a digital signature, and a public key
for verifying the digital signature.
 (b) include records of any business,
institution, association, profession, occupation, and calling of every kind,
whether or not conducted for profit, or for legitimate purposes.

(c) means an electronic document issued to support a digital signature which

purports to confirm the identity or other significant characteristics of the
person who holds a particular key pair.
 (d) refers to any single or
interconnected device or apparatus, which, by electronic, electro-
mechanical or magnetic impulse, or by other means with the same function,
can receive, record, transmit, store, process, correlate, analyze, project,
retrieve and/or produce information, data, text, graphics, figures, voice,
video, symbols or other modes of expression or perform any one or more of
these functions. (e) refers to an electronic signature consisting of a
transformation of an electronic document or an electronic data message
using an asymmetric or public cryptosystem such that a person key can
accurately determine:

(i) whether the transformation was created using the private key that
corresponds to the public key and

(ii) whether the initial electronic document had been altered after the
transformation was made. (f) refers to an electronic document or electronic
data message bearing a digital signature verified by the public key listed in
a certificate.

g) refers to information generated, sent, received or stored by electronic,

optical or similar means.
 (h) refers to information or the representation of
information, data, figures, symbols or other modes of written expression,
described or however represented, by which a right is established or an
obligation extinguished, or by which a fact may be proved and affirmed,
which is received, recorded, transmitted, stored processed, retrieved or
produced electronically. It includes digitally signed documents and any print-
out or output, readable by sight or other means, which accurately reflects the
electronic be used interchangeably

(i) refers to a secret code which secures and defends sensitive information
that crosses over public channels into a form decipherable only with a
matching electronic key.
 (j) refers to any distinctive mark, characteristics
and/or sound in electronic form. Representing the identity of a person and
attached to or logically associated with the electronic data message or
electronic document or any methodology or procedure employed or adopted
by a person and executed or adopted by such person with the intention of
authenticating, signing or approving an electronic data message or electronic
document. For purposes of these Rules, an electronic signature includes
digital signatures.

(k) refers to telephone conversations, text messages, chatroom sessions,

streaming audio, streaming video, and other electronic forms of
communication the evidence of which is not recorded or retained.
 (l) refers
to a system for generating, sending, receiving, storing or otherwise
processing electronic data messages or electronic documents and includes
the computer system or other similar devices by or in which data are
recorded or stored and any procedure related to the recording or storage of
electronic data message or electronic document.

(m) in an asymmetric cryptosystem refers to the private key and its

mathematically related public key such that the latter can verify the digital
signature that the former creates.
 (n) refers to the key of a key pair used to
create a digital signature.
 (o) refers to the key of a key pair used to verify a
digital signature.

RULE 3

ELECTRONIC DOCUMENTS
 SECTION 1. Electronic documents as

functional equivalent of paper-based documents. Whenever a rule of
evidence refers to the term of writing, document, record, instrument,
memorandum or any other form of

writing, such term shall be deemed to include an electronic document as

defined in these Rules.

SEC. 2. Admissibility. An electronic document is admissible in evidence if it

complies with the rules on admissibility prescribed by the Rules of Court and
related laws and is authenticated in the manner prescribed by these Rules.
SEC. 3. Privileged communication. The confidential character of a privileged
communications is not solely on the ground that it is in the form of an
electronic document.

RULE 4
BEST EVIDENCE RULE
SECTION 1. Original of an electronic document. An electronic document
shall be regarded as the equivalent of an original document under the Best
Evidence Rule if it is a printout or output readable by sight or other means,
shown to reflect the data accurately.

SEC. 2. Copies as equivalent of the originals. When a document is in two or

more copies executed at or about the same time with identical contents, or
is a counterpart produced by the same impression as the original, or from
the same matrix, or by mechanical or electronic re-recording, or by chemical
reproduction, or by other equivalent techniques which is accurately
reproduces the original, such copies or duplicates shall be regarded as the
equivalent of the original.
Notwithstanding the foregoing, copies or duplicates shall not be admissible
to the same extent as the original if:

(a) a genuine question is raised as to the authenticity of the original or
 (b)
in the circumstances it would be unjust or inequitable to admit a copy in lieu
of the original.

V. PAROLE EVIDENCE RULE

RULE 130, SECTION 9

3. PAROL EVIDENCE RULE
 SEC. 9. Evidence of written agreements.

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

agreement.
 However, a party may present evidence to modify, explain or

add to the terms of written
agreement if he puts in issue in his pleading:
 (a)An intrinsic ambiguity,
mistake or imperfection in the written agreement

(b)The failure of the written agreement to express the true intent and
agreement of the parties

thereto 
 (c)The validity of the written agreement or
 (d)The existence of

other terms agreed to by the parties or their successors in interest after the
execution of the written agreement. Therm "agreement" includes wills

CIVIL CODE ARTICLE 1403

CHAPTER 8 UNENFORCEABLE CONTRACTS (n)

Art. 1403. The following contracts are unenforceable, unless they are
ratified:
 (1) Those entered into in the name of another person by one who
has been given no authority or

legal representation, or who has acted beyond his powers 
 (2) Those that
do not comply with the Statute of Frauds as set forth in this number. In the
following cases an agreement hereafter made shall be unenforceable by
action, unless the same, or some note or memorandum, thereof, be in
writing, and subscribed by the party charged, or by his agent evidence,
therefore, of the agreement cannot be received without the writing, or a
secondary evidence of its contents:

(a) An agreement that by its terms is not to be performed within a year from
the making

thereof 
 (b) A special promise to answer for the debt, default, or miscarriage
of another
(c) An agreement made in consideration of marriage, other than a mutual
promise to

marry 
 (d) An agreement for the sale of goods, chattels or things in action,
at a price not less

than five hundred pesos, unless the buyer accept and receive part of such
goods and
chattels, or the evidences, or some of them, of such things in action or pay
at the time some part of the purchase money but when a sale is made by
auction and entry is made by the auctioneer in his sales book, at the time of
the sale, of the amount and kind of property sold, terms of sale, price, names
of the purchasers and person on whose account the sale is made, it is a
sufficient memorandum

(e) An agreement of the leasing for a longer period than one year, or for the
sale of real property or of an interest therein

(f) A representation as to the credit of a third person.
 (3) Those where both
parties are incapable of giving consent to a contract.

VI. INTERPRETATION OF DOCUMENTS

RULE 130, SECTIONS 10-19

4. INTERPRETATION OF DOCUMENTS
 SEC. 10. Interpretation of a

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

SEC. 11. Instrument construed so as to give effect to all provisions. In the

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

SEC. 12. Interpretation according to intention general and particular

provisions. In the construction of an instrument, the intention of the parties is
to be pursued and when a general and a particular provision are inconsistent,
the latter is paramount to the former. So a particular intent will control a
general one that is inconsistent with it. (10)
SEC. 13. Interpretation according to circumstances. For the proper
construction of an instrument, the circumstances under which it was made,
including the situation of the subject thereof and of the parties to it, may be
shown, so that the judge may be placed in the position of those who
language he is to interpret. (11)
SEC. 14. Peculiar signification of terms. The terms of a writing are presumed
to have been used in their primary and general acceptation, but evidence is
admissible to show that they have a local, technical, or otherwise peculiar
signification, and were so used and understood in the particular instance, in
which case the agreement must be construed accordingly. (12)
SEC. 15.Written words control printed. When an instrument consists partly
of written words and partly of a printed form, and the two are inconsistent,
the former controls the latter. (13)
SEC. 16. Experts and interpreters to be used in explaining certain writings.
When the characters in which an instrument is written are difficult to be
deciphered, or the language is not understood by the court, the evidence of
persons skilled in deciphering the characters, or who understand the
language, is admissible to declare the characters or the meaning of the
language. (14)

SEC. 17. Of Two constructions, which preferred. When the terms of an

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

SEC. 18. Construction in favor of natural right. When an instrument is equally

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

SEC. 19. Interpretation according to usage. An instrument may be construed

according to usage, in order to determine its true character. (17)

CIVIL CODE 1370-1379

CHAPTER 5 INTERPRETATION OF CONTRACTS
Art. 1370. If the terms of a contract are clear and leave no doubt upon the
intention of the contracting parties, the literal meaning of its stipulations shall
control.
 If the words appear to be contrary to the evident intention of the
parties, the latter shall prevail over the former. (1281)

Art. 1371. In order to judge the intention of the contracting parties, their
contemporaneous and subsequent acts shall be principally considered.
(1282)

Art. 1372. However general the terms of a contract may be, they shall not be
understood to comprehend things that are distinct and cases that are
different from those upon which the parties intended to agree. (1283)

Art. 1373. If some stipulation of any contract should admit of several

meanings, it shall be understood as bearing that import which is most
adequate to render it effectual. (1284)
Art. 1374. The various stipulations of a contract shall be interpreted together,
attributing to the doubtful ones that sense which may result from all of them
taken jointly. (1285)
Art. 1375. Words which may have different significations shall be understood
in that which is most in keeping with the nature and object of the contract.
(1286)
Art. 1376. The usage or custom of the place shall be borne in mind in the
interpretation of the ambiguities of a contract, and shall fill the omission of
stipulations which are ordinarily established. (1287)

Art. 1377. The interpretation of obscure words or stipulations in a contract

shall not favor the party who caused the obscurity. (1288)

Art. 1378. When it is absolutely impossible to settle doubts by the rules

established in the preceding articles, and the doubts refer to incidental
circumstances of a gratuitous contract, the least transmission of rights and
interests shall prevail. If the contract is onerous, the doubt shall be settled in
favor of the greatest reciprocity of interests.

If the doubts are cast upon the principal object of the contract in such a way
that it cannot be known what may have been the intention or will of the
parties, the contract shall be null and void. (1289)
Art. 1379. The principles of interpretation stated in Rule 123 of the Rules of
Court shall likewise be observed in the construction of contracts. (n)

VII. QUALIFICATION OF WITNESS

MENTAL INCAPACITY OR IMMATURITY, RULE 130 SECTIONS 20 & 21

C. TESTIMONIAL EVIDENCE


1. QUALIFICATION OF WITNESSES
SEC. 20.Witnesses their qualifications. Except as provided in the next
succeeding section, all persons who can perceive, and perceiving, can make
their known perception to others, may be witnesses.

Religious or political belief, interest in the outcome of the case, or conviction

of a crime unless otherwise provided by law, shall not be ground for
disqualification. (18a)

SEC. 21. Disqualification by reason of mental incapacity or immaturity. The

following persons cannot be witnesses:
(a)Those whose mental condition, at the time of their production for
examination, is such that they are incapable of intelligently making known
their perception to others

(b)Children whose mental maturity is such as to render them incapable of

perceiving the facts respecting which they are examined and of relating them
truthfully. (19a)

Competency of a witness has reference to the basic qualifications of

a witness as his capacity to perceive and communicate his perceptions to
others. Competence is a matter of law or, in this jurisdiction
 Credibility of a witness refers to the believability of a witness and has
nothing to do with the law or the Rules. It refers to the weight and
trustworthiness or reliability of the testimony.

MARITAL DISQUALIFICATION, RULE 130, SECTION 22

SEC. 22. Disqualification by reason of marriage. During their marriage,
neither the husband nor the wife may testify for or against the other without
the consent of the affected spouse, except in a civil case by one against the
other, or in a criminal case for a crime committed by one against the other or
the latter's direct descendants or ascendants. (20a)

DEAD MAN’S STATUTE, RULE 130 SECTION 23

Survivorship Disqualification Rule

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

The rule contemplates a suit against the estate, its administrator or executor
and not a suit filed by the administrator or executor of the estate.

It is intended to benefit the estate of the deceased or insane person; hence,

this protection may be waived by:

a) Failing to object to the testimony

b) Cross-examining the witness on the prohibited testimony
c) Offering evidence to rebut the testimony
VIII. PRIVILEGED COMMUNICATION

MARITAL COMMUNICATIONS, RULE 130 SECTION 24a

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

(a)The husband or the wife, during or after the marriage, cannot be examined
without the consent of the other as to any communication received in
confidence by one from the other during the marriage except in a civil case
by one against the other, or in a criminal case for a crime committed by one
against the other or the latter's direct descendants or ascendants

ATTORNEY-CLIENT PRIVILEGE, RULE 130 SECTION 24b

SEC. 24. Disqualification by reason of privileged communication. The

following persons cannot testify as to matters learned in confidence in the
following cases:
 (b) An attorney cannot, without the consent of his client,
be examined as to any communication made by the client to him, or his
advice given thereon in the course of, or with a view to, professional
employment, nor can an attorney's secretary, stenographer, or clerk be
examined, without the consent of the client and his employer, concerning
any fact the knowledge of which has been acquired in such capacity

PHYSICIAN-PATIENT PRIVILEGE, RULE 130 SECTION 24c

SEC. 24. Disqualification by reason of privileged communication. The
following persons cannot testify as to matters learned in confidence in the
following cases:
(c) A person authorized to practice medicine, surgery or obstetrics cannot in
a civil case, without the consent of the patient, be examined as to any advice
or treatment given by him or any information which he may have acquired in
attending such patient in a professional capacity, which information was
necessary to enable him to act in capacity, and which would blacken the
reputation of the patient

STATE SECRETS, RULE 130 SECTION 24e

SEC. 24. Disqualification by reason of privileged communication. The

following persons cannot testify as to matters learned in confidence in the
following cases:
 (e) A public officer cannot be examined during his term of
office or afterwards, as to communications made to him in official confidence,
when the court finds that the public interest would suffer by the disclosure.
(21a)

PARENTAL & FILIAL PRIVILEGE, RULE 130 SECTION 25, CIVIL CODE
ARTICLE 215

2. TESTIMONIAL PRIVILEGE
 SEC.

25. Parental and filial privilege. No person may be compelled to testify

against his parents, other direct ascendants, children or other direct
descendants. (20a)

Art. 215. No descendant shall be compelled, in a criminal case, to testify

against his parents and grandparents, except when such testimony is
indispensable in a crime against the descendant or by one parent against
the other

NEWSMAN PRIVILEGE, RA 43 AS AMENDED BY RA 1477

AN ACT AMENDING SECTION ONE OF REPUBLIC ACT NUMBERED

FIFTY-THREE, ENTITLED "AN ACT TO EXEMPT THE PUBLISHER,
EDITOR, COLUMNIST OR REPORTER OF ANY PUBLICATION FROM
REVEALING THE SOURCE OF PUBLISHED NEWS OR INFORMATION
OBTAINED IN CONFIDENCE"

SECTION 1. Section one of Republic Act Numbered Fifty- three is amended

to read as follows:
 "Section 1. Without prejudice to his liability under the
civil and criminal laws, the publisher, editor, columnist or duly accredited
reporter of any newspaper, magazine or periodical of general circulation
cannot be compelled to reveal the source of any news-report or information
appearing in said publication which was related in confidence to such
publisher, editor or reporter unless the court or a

House or committee of Congress finds that such revelation is demanded by

the security of the State." SECTION 2. This Act shall take effect upon its
approval.

IX. ADMISSIONS AND CONFESSIONS

ADMISSIONS AGAINST INTEREST, RULE 130 SECTIONS 26 & 32
SEC. 26. Admission of a party. The act, declaration or omission of a party as
to a relevant fact may be
given in evidence against him. (22)

SEC. 32. Admission by silence. An act or declaration made in the presence

and within the hearing or observation of a party who does or says nothing
when the act or declaration is such as naturally to call for action or comment
if not true, and when proper and possible for him to do so, may be given in
evidence against him. (23a)

COMPROMISE
SEC. 27. Offer of compromise not admissible. In civil cases, an offer of
compromise is not an admission of any liability, and is not admissible in
evidence against the offeror.

In criminal cases, except those involving quasi-offenses (criminal

negligence) or those allowed by law to be compromised, an offer of
compromised by the accused may be received in evidence as an implied
admission of guilt.

A plea of guilty later withdrawn, or an unaccepted offer of a plea of guilty to

lesser offense, is not admissible in evidence against the accused who made
the plea or offer.
 An offer to pay or the payment of medical, hospital or other
expenses occasioned by an injury is not admissible in evidence as proof of
civil or criminal liability for the injury. (24a)

RES INTER ALIOS ACTA, RULE 130 SECTION 28

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

EXCEPTIONS TO RES INTER ALIOS ACTA RULE

Rule 130, SECTIONS 29, 30 & 31

PARTNER’S/AGENT’S ADMISSIONS
Sec. 29.Admission by co-partner or agent. The act or declaration of a partner
or agent of the party within the scope of his authority and during the existence
of the partnership or agency, may be given in evidence against such party
after the partnership or agency is shown by evidence other than such act or
declaration. The same rule applies to the act or declaration of a joint owner,
joint debtor, or other person jointly interested with the party.

CO-CONSPIRATOR’S STATEMENTS
Sec. 30.Admission by conspirator. The act or declaration of a conspirator
relating to the conspiracy and during its existence, may be given in evidence
against the co-conspirator after the conspiracy is shown by evidence other
than such act of declaration.

ADMISSION BY PRIVIES
Sec. 31.Admission by privies. Where one derives title to property from
another, the act, declaration, or omission of the latter, while holding the title,
in relation to the property, is evidence against the former.

CONFESSIONS

CONSTITUTION

Section 17. No person shall be compelled to be a witness against himself.

RULE 130 SECTION 33

Sec. 33.Confession. The declaration of an accused acknowledging his guilt

of the offense charged, or of any offense necessarily included therein, may
be given in evidence against him.

RULE 115e
(e) To be exempt from being compelled to be a witness against himself.

X . CONDUCT AND CHARACTER AS EVIDENCE

4. Previous Conduct as Evidence

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

Section 35. Unaccepted offer. — An offer in writing to pay a particular sum

of money or to deliver a written instrument or specific personal property is, if
rejected without valid cause, equivalent to the actual production and tender
of the money, instrument, or property. (49a)

8. Character Evidence

Section 51. Character evidence not generally admissible; exceptions: —

(a) In Criminal Cases:

(1) The accused may prove his good moral character which is
pertinent to the moral trait involved in the offense charged.

(2) Unless in rebuttal, the prosecution may not prove his bad
moral character which is pertinent to the moral trait involved in
the offense charged.

(3) The good or bad moral character of the offended party may
be proved if it tends to establish in any reasonable degree the
probability or improbability of the offense charged.

(b) In Civil Cases:

Evidence of the moral character of a party in civil case is admissible

only when pertinent to the issue of character involved in the case.

(c) In the case provided for in Rule 132, Section 14, (46a, 47a)

RULE 132, SECTION 14

Section 14. Evidence of good character of witness. — Evidence of the good

character of a witness is not admissible until such character has been
impeached. (17)