REVISED RULES ON EVIDENCE

(Rules 128-134, Rules of Court)

RULE 129

What Need Not Be Proved

Section 1. Judicial notice, when mandatory.

AS AMENDED PER RESOLUTION — A court shall take judicial notice, without
the introduction of evidence, of the existence
ADOPTED ON MARCH 14, 1989 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
PART IV
the Philippines, the official acts of legislative,
executive and judicial departments of the
RULES OF EVIDENCE Philippines, the laws of nature, the measure of
time, and the geographical divisions. (1a)

Section 2. Judicial notice, when discretionary.

— A court may take judicial notice of matters
RULE 128 which are of public knowledge, or are capable
to unquestionable demonstration, or ought to
General Provisions be known to judges because of their judicial
functions. (1a)
Section 1. Evidence defined. — Evidence is
the means, sanctioned by these rules, of Section 3. Judicial notice, when hearing
ascertaining in a judicial proceeding the truth necessary. — During the trial, the court, on its
respecting a matter of fact. (1) own initiative, or on request of a party, may
announce its intention to take judicial notice of
Section 2. Scope. — The rules of evidence any matter and allow the parties to be heard
shall be the same in all courts and in all trials thereon.
and hearings, except as otherwise provided
by law or these rules. (2a) After the trial, and before judgment or on
appeal, the proper court, on its own initiative
Section 3. Admissibility of evidence. — or on request of a party, may take judicial
Evidence is admissible when it is relevant to notice of any matter and allow the parties to
the issue and is not excluded by the law of be heard thereon if such matter is decisive of
these rules. (3a) a material issue in the case. (n)

Section 4. Relevancy; collateral matters. — Section 4. Judicial admissions. — An

Evidence must have such a relation to the fact admission, verbal or written, made by the
in issue as to induce belief in its existence or party in the course of the proceedings in the
non-existence. Evidence on collateral matters same case, does not require proof. The
shall not be allowed, except when it tends in admission may be contradicted only by
any reasonable degree to establish the showing that it was made through palpable
probability or improbability of the fact in issue. mistake or that no such admission was made.
(4a) (2a)
 (d) When the original is a public record
in the custody of a public officer or is
recorded in a public office. (2a)
RULE 130
Section 4. Original of document. —
Rules of Admissibility
(a) The original of the document is one
A. OBJECT (REAL) EVIDENCE the contents of which are the subject
of inquiry.
Section 1. Object as evidence. — Objects as
evidence are those addressed to the senses (b) When a document is in two or
of the court. When an object is relevant to the more copies executed at or about the
fact in issue, it may be exhibited to, examined same time, with identical contents, all
or viewed by the court. (1a) such copies are equally regarded as
originals.
B. DOCUMENTARY EVIDENCE
(c) When an entry is repeated in the
Section 2. Documentary evidence. — regular course of business, one being
Documents as evidence consist of writing or copied from another at or near the
any material containing letters, words, time of the transaction, all the entries
numbers, figures, symbols or other modes of are likewise equally regarded as
written expression offered as proof of their originals. (3a)
contents. (n)
2. Secondary Evidence
1. Best Evidence Rule
Section 5. When original document is
Section 3. Original document must be unavailable. — When the original document
produced; exceptions. — When the subject of has been lost or destroyed, or cannot be
inquiry is the contents of a document, no produced in court, the offeror, upon proof of
evidence shall be admissible other than the its execution or existence and the cause of its
original document itself, except in the unavailability without bad faith on his part,
following cases: 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
(a) When the original has been lost or the order stated. (4a)
destroyed, or cannot be produced in
court, without bad faith on the part of
the offeror; Section 6. When original document is in
adverse party's custody or control. — If the
document is in the custody or under the
(b) When the original is in the custody control of adverse party, he must have
or under the control of the party reasonable notice to produce it. If after such
against whom the evidence is offered, notice and after satisfactory proof of its
and the latter fails to produce it after existence, he fails to produce the document,
reasonable notice; secondary evidence may be presented as in
the case of its loss. (5a)
(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
Section 7. Evidence admissible when original according to the legal meaning it bears in the
document is a public record. — When the place of its execution, unless the parties
original of document is in the custody of public intended otherwise. (8)
officer or is recorded in a public office, its
contents may be proved by a certified copy Section 11. Instrument construed so as to
issued by the public officer in custody thereof. give effect to all provisions. — In the
(2a) construction of an instrument, where there are
several provisions or particulars, such a
Section 8. Party who calls for document not construction is, if possible, to be adopted as
bound to offer it. — A party who calls for the will give effect to all. (9)
production of a document and inspects the
same is not obliged to offer it as evidence. Section 12. Interpretation according to
(6a) intention; general and particular provisions. —
In the construction of an instrument, the
3. Parol Evidence Rule intention of the parties is to be pursued; and
when a general and a particular provision are
Section 9. Evidence of written agreements. — inconsistent, the latter is paramount to the
When the terms of an agreement have been former. So a particular intent will control a
reduced to writing, it is considered as general one that is inconsistent with it. (10)
containing all the terms agreed upon and
there can be, between the parties and their Section 13. Interpretation according to
successors in interest, no evidence of such circumstances. — For the proper construction
terms other than the contents of the written of an instrument, the circumstances under
agreement. which it was made, including the situation of
the subject thereof and of the parties to it, may
However, a party may present evidence to be shown, so that the judge may be placed in
modify, explain or add to the terms of written the position of those who language he is to
agreement if he puts in issue in his pleading: interpret. (11)

(a) An intrinsic ambiguity, mistake or Section 14. Peculiar signification of terms. —

imperfection in the written agreement; The terms of a writing are presumed to have
been used in their primary and general
(b) The failure of the written acceptation, but evidence is admissible to
agreement to express the true intent show that they have a local, technical, or
and agreement of the parties thereto; otherwise peculiar signification, and were so
used and understood in the particular
instance, in which case the agreement must
(c) The validity of the written
be construed accordingly. (12)
agreement; or
Section 15. Written words control printed. —
(d) The existence of other terms
When an instrument consists partly of written
agreed to by the parties or their
words and partly of a printed form, and the
successors in interest after the
two are inconsistent, the former controls the
execution of the written agreement.
latter. (13)
The term "agreement" includes wills. (7a)
Section 16. Experts and interpreters to be
used in explaining certain writings. — When
4. Interpretation Of Documents the characters in which an instrument is
written are difficult to be deciphered, or the
Section 10. Interpretation of a writing language is not understood by the court, the
according to its legal meaning. — The evidence of persons skilled in deciphering the
language of a writing is to be interpreted characters, or who understand the language,
is admissible to declare the characters or the (b) Children whose mental maturity is
meaning of the language. (14) such as to render them incapable of
perceiving the facts respecting which
Section 17. Of Two constructions, which they are examined and of relating
preferred. — When the terms of an agreement them truthfully. (19a)
have been intended in a different sense by the
different parties to it, that sense is to prevail Section 22. Disqualification by reason of
against either party in which he supposed the marriage. — During their marriage, neither the
other understood it, and when different husband nor the wife may testify for or against
constructions of a provision are otherwise the other without the consent of the affected
equally proper, that is to be taken which is the spouse, except in a civil case by one against
most favorable to the party in whose favor the the other, or in a criminal case for a crime
provision was made. (15) committed by one against the other or the
latter's direct descendants or ascendants.
Section 18. Construction in favor of natural (20a)
right. — When an instrument is equally
susceptible of two interpretations, one in favor Section 23. Disqualification by reason of
of natural right and the other against it, the death or insanity of adverse party. — Parties
former is to be adopted. (16) or assignor of parties to a case, or persons in
whose behalf a case is prosecuted, against an
Section 19. Interpretation according to usage. executor or administrator or other
— An instrument may be construed according representative of a deceased person, or
to usage, in order to determine its true against a person of unsound mind, upon a
character. (17) claim or demand against the estate of such
deceased person or against such person of
C. TESTIMONIAL EVIDENCE unsound mind, cannot testify as to any matter
of fact occurring before the death of such
deceased person or before such person
1. Qualification of Witnesses
became of unsound mind. (20a)
Section 20. Witnesses; their qualifications. —
Section 24. Disqualification by reason of
Except as provided in the next succeeding
privileged communication. — The following
section, all persons who can perceive, and
persons cannot testify as to matters learned in
perceiving, can make their known perception
confidence in the following cases:
to others, may be witnesses.
(a) The husband or the wife, during or
Religious or political belief, interest in the
after the marriage, cannot be
outcome of the case, or conviction of a crime
examined without the consent of the
unless otherwise provided by law, shall not be
other as to any communication
ground for disqualification. (18a)
received in confidence by one from
the other during the marriage except
Section 21. Disqualification by reason of in a civil case by one against the
mental incapacity or immaturity. — The other, or in a criminal case for a crime
following persons cannot be witnesses: committed by one against the other or
the latter's direct descendants or
(a) Those whose mental condition, at ascendants;
the time of their production for
examination, is such that they are (b) An attorney cannot, without the
incapable of intelligently making consent of his client, be examined as
known their perception to others; 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 Section 27. Offer of compromise not
an attorney's secretary, stenographer, admissible. — In civil cases, an offer of
or clerk be examined, without the compromise is not an admission of any
consent of the client and his employer, liability, and is not admissible in evidence
concerning any fact the knowledge of against the offeror.
which has been acquired in such
capacity; In criminal cases, except those involving
quasi-offenses (criminal negligence) or those
(c) A person authorized to practice allowed by law to be compromised, an offer of
medicine, surgery or obstetrics cannot compromised by the accused may be
in a civil case, without the consent of received in evidence as an implied admission
the patient, be examined as to any of guilt.
advice or treatment given by him or
any information which he may have A plea of guilty later withdrawn, or an
acquired in attending such patient in a unaccepted offer of a plea of guilty to lesser
professional capacity, which offense, is not admissible in evidence against
information was necessary to enable the accused who made the plea or offer.
him to act in capacity, and which
would blacken the reputation of the An offer to pay or the payment of medical,
patient; hospital or other expenses occasioned by an
injury is not admissible in evidence as proof of
(d) A minister or priest cannot, without civil or criminal liability for the injury. (24a)
the consent of the person making the
confession, be examined as to any Section 28. Admission by third party. — The
confession made to or any advice rights of a party cannot be prejudiced by an
given by him in his professional act, declaration, or omission of another,
character in the course of discipline except as hereinafter provided. (25a)
enjoined by the church to which the
minister or priest belongs;
Section 29. Admission by co-partner or
agent. — The act or declaration of a partner or
(e) A public officer cannot be agent of the party within the scope of his
examined during his term of office or authority and during the existence of the
afterwards, as to communications partnership or agency, may be given in
made to him in official confidence, evidence against such party after the
when the court finds that the public partnership or agency is shown by evidence
interest would suffer by the disclosure. other than such act or declaration. The same
(21a) rule applies to the act or declaration of a joint
owner, joint debtor, or other person jointly
2. Testimonial Privilege interested with the party. (26a)

Section 25. Parental and filial privilege. — No Section 30. Admission by conspirator. — The
person may be compelled to testify against his act or declaration of a conspirator relating to
parents, other direct ascendants, children or the conspiracy and during its existence, may
other direct descendants. (20a) be given in evidence against the co-
conspirator after the conspiracy is shown by
3. Admissions and Confessions evidence other than such act of declaration.
(27)
Section 26. Admission of a party. — The act,
declaration or omission of a party as to a Section 31. Admission by privies. — Where
relevant fact may be given in evidence against one derives title to property from another, the
him. (22) act, declaration, or omission of the latter, while
holding the title, in relation to the property, is the consciousness of an impending death,
evidence against the former. (28) may be received in any case wherein his
death is the subject of inquiry, as evidence of
Section 32. Admission by silence. — An act the cause and surrounding circumstances of
or declaration made in the presence and such death. (31a)
within the hearing or observation of a party
who does or says nothing when the act or Section 38. Declaration against interest. —
declaration is such as naturally to call for The declaration made by a person deceased,
action or comment if not true, and when or unable to testify, against the interest of the
proper and possible for him to do so, may be declarant, if the fact is asserted in the
given in evidence against him. (23a) declaration was at the time it was made so far
contrary to declarant's own interest, that a
Section 33. Confession. — The declaration of reasonable man in his position would not have
an accused acknowledging his guilt of the made the declaration unless he believed it to
offense charged, or of any offense necessarily be true, may be received in evidence against
included therein, may be given in evidence himself or his successors in interest and
against him. (29a) against third persons. (32a)

4. Previous Conduct as Evidence Section 39. Act or declaration about

pedigree. — The act or declaration of a
Section 34. Similar acts as evidence. — person deceased, or unable to testify, in
Evidence that one did or did not do a certain respect to the pedigree of another person
thing at one time is not admissible to prove related to him by birth or marriage, may be
that he did or did not do the same or similar received in evidence where it occurred before
thing at another time; but it may be received to the controversy, and the relationship between
prove a specific intent or knowledge; identity, the two persons is shown by evidence other
plan, system, scheme, habit, custom or than such act or declaration. The word
usage, and the like. (48a) "pedigree" includes relationship, family
genealogy, birth, marriage, death, the dates
when and the places where these fast
Section 35. Unaccepted offer. — An offer in
occurred, and the names of the relatives. It
writing to pay a particular sum of money or to
embraces also facts of family history
deliver a written instrument or specific
intimately connected with pedigree. (33a)
personal property is, if rejected without valid
cause, equivalent to the actual production and
tender of the money, instrument, or property. Section 40. Family reputation or tradition
(49a) regarding pedigree. — The reputation or
tradition existing in a family previous to the
controversy, in respect to the pedigree of any
5. Testimonial Knowledge
one of its members, may be received in
evidence if the witness testifying thereon be
Section 36. Testimony generally confined to also a member of the family, either by
personal knowledge; hearsay excluded. — A consanguinity or affinity. Entries in family
witness can testify only to those facts which bibles or other family books or charts,
he knows of his personal knowledge; that is, engravings on rings, family portraits and the
which are derived from his own perception, like, may be received as evidence of
except as otherwise provided in these rules. pedigree. (34a)
(30a)
Section 41. Common reputation. — Common
6. Exceptions To The Hearsay Rule reputation existing previous to the
controversy, respecting facts of public or
Section 37. Dying declaration. — The general interest more than thirty years old, or
declaration of a dying person, made under respecting marriage or moral character, may
be given in evidence. Monuments and periodical or pamphlet is recognized in his
inscriptions in public places may be received profession or calling as expert in the subject.
as evidence of common reputation. (35) (40a)

Section 42. Part of res gestae. — Statements Section 47. Testimony or deposition at a
made by a person while a starting occurrence former proceeding. — The testimony or
is taking place or immediately prior or deposition of a witness deceased or unable to
subsequent thereto with respect to the testify, given in a former case or proceeding,
circumstances thereof, may be given in judicial or administrative, involving the same
evidence as part of res gestae. So, also, parties and subject matter, may be given in
statements accompanying an equivocal act evidence against the adverse party who had
material to the issue, and giving it a legal the opportunity to cross-examine him. (41a)
significance, may be received as part of
the res gestae. (36a) 7. Opinion Rule

Section 43. Entries in the course of business. Section 48. General rule. — The opinion of
— Entries made at, or near the time of witness is not admissible, except as indicated
transactions to which they refer, by a person in the following sections. (42)
deceased, or unable to testify, who was in a
position to know the facts therein stated, may Section 49. Opinion of expert witness. — The
be received as prima facie evidence, if such opinion of a witness on a matter requiring
person made the entries in his professional special knowledge, skill, experience or training
capacity or in the performance of duty and in which he shown to posses, may be received
the ordinary or regular course of business or in evidence. (43a)
duty. (37a)
Section 50. Opinion of ordinary witnesses. —
Section 44. Entries in official records. — The opinion of a witness for which proper
Entries in official records made in the basis is given, may be received in evidence
performance of his duty by a public officer of regarding —
the Philippines, or by a person in the
performance of a duty specially enjoined by
(a) the identity of a person about
law, are prima facie evidence of the facts
whom he has adequate knowledge;
therein stated. (38)
(b) A handwriting with which he has
Section 45. Commercial lists and the like. —
sufficient familiarity; and
Evidence of statements of matters of interest
to persons engaged in an occupation
contained in a list, register, periodical, or other (c) The mental sanity of a person with
published compilation is admissible as tending whom he is sufficiently acquainted.
to prove the truth of any relevant matter so
stated if that compilation is published for use The witness may also testify on his
by persons engaged in that occupation and is impressions of the emotion, behavior,
generally used and relied upon by them condition or appearance of a person. (44a)
therein. (39)
8. Character Evidence
Section 46. Learned treatises. — A published
treatise, periodical or pamphlet on a subject of Section 51. Character evidence not generally
history, law, science, or art is admissible as admissible; exceptions: —
tending to prove the truth of a matter stated
therein if the court takes judicial notice, or a (a) In Criminal Cases:
witness expert in the subject testifies, that the
writer of the statement in the treatise,
 (1) The accused may prove another to believe a particular thing
his good moral character true, and to act upon such belief, he
which is pertinent to the moral cannot, in any litigation arising out of
trait involved in the offense such declaration, act or omission, be
charged. permitted to falsify it:

(2) Unless in rebuttal, the (b) The tenant is not permitted to deny
prosecution may not prove his the title of his landlord at the time of
bad moral character which is commencement of the relation of
pertinent to the moral trait landlord and tenant between them.
involved in the offense (3a)
charged.
Section 3. Disputable presumptions. — The
(3) The good or bad moral following presumptions are satisfactory if
character of the offended party uncontradicted, but may be contradicted and
may be proved if it tends to overcome by other evidence:
establish in any reasonable
degree the probability or (a) That a person is innocent of crime
improbability of the offense or wrong;
charged.
(b) That an unlawful act was done with
(b) In Civil Cases: an unlawful intent;

Evidence of the moral character of a (c) That a person intends the ordinary
party in civil case is admissible only consequences of his voluntary act;
when pertinent to the issue of
character involved in the case. (d) That a person takes ordinary care
of his concerns;
(c) In the case provided for in Rule
132, Section 14, (46a, 47a) (e) That evidence willfully suppressed
would be adverse if produced;

(f) That money paid by one to another

was due to the latter;
RULE 131
(g) That a thing delivered by one to
Burden of Proof and Presumptions another belonged to the latter;

Section 1. Burden of proof. — Burden of (h) That an obligation delivered up to

proof is the duty of a party to present the debtor has been paid;
evidence on the facts in issue necessary to
establish his claim or defense by the amount (i) That prior rents or installments had
of evidence required by law. (1a, 2a) been paid when a receipt for the later
one is produced;
Section 2. Conclusive presumptions. — The
following are instances of conclusive (j) That a person found in possession
presumptions: of a thing taken in the doing of a
recent wrongful act is the taker and
(a) Whenever a party has, by his own the doer of the whole act; otherwise,
declaration, act, or omission, that things which a person possess, or
intentionally and deliberately led to
exercises acts of ownership over, are (v) That a letter duly directed and
owned by him; mailed was received in the regular
course of the mail;
(k) That a person in possession of an
order on himself for the payment of (w) That after an absence of seven
the money, or the delivery of anything, years, it being unknown whether or
has paid the money or delivered the not the absentee still lives, he is
thing accordingly; considered dead for all purposes,
except for those of succession.
(l) That a person acting in a public
office was regularly appointed or The absentee shall not be considered dead
elected to it; for the purpose of opening his succession till
after an absence of ten years. If he
(m) That official duty has been disappeared after the age of seventy-five
regularly performed; years, an absence of five years shall be
sufficient in order that his succession may be
(n) That a court, or judge acting as opened.
such, whether in the Philippines or
elsewhere, was acting in the lawful The following shall be considered dead for all
exercise of jurisdiction; purposes including the division of the estate
among the heirs:
(o) That all the matters within an issue
raised in a case were laid before the (1) A person on board a vessel
court and passed upon by it; and in lost during a sea voyage, or an
like manner that all matters within an aircraft with is missing, who
issue raised in a dispute submitted for has not been heard of for four
arbitration were laid before the years since the loss of the
arbitrators and passed upon by them; vessel or aircraft;

(p) That private transactions have (2) A member of the armed

been fair and regular; forces who has taken part in
armed hostilities, and has
(q) That the ordinary course of been missing for four years;
business has been followed;
(3) A person who has been in
(r) That there was a sufficient danger of death under other
consideration for a contract; circumstances and whose
existence has not been known
for four years;
(s) That a negotiable instrument was
given or indorsed for a sufficient
consideration; (4) If a married person has
been absent for four
consecutive years, the spouse
(t) That an endorsement of negotiable
present may contract a
instrument was made before the
subsequent marriage if he or
instrument was overdue and at the
she has well-founded belief
place where the instrument is dated;
that the absent spouse is
already death. In case of
(u) That a writing is truly dated; disappearance, where there is
a danger of death the
circumstances hereinabove
provided, an absence of only
 two years shall be sufficient for (dd) That if the marriage is terminated
the purpose of contracting a and the mother contracted another
subsequent marriage. marriage within three hundred days
However, in any case, before after such termination of the former
marrying again, the spouse marriage, these rules shall govern in
present must institute a the absence of proof to the contrary:
summary proceedings as
provided in the Family Code (1) A child born before one
and in the rules for declaration hundred eighty days after the
of presumptive death of the solemnization of the
absentee, without prejudice to subsequent marriage is
the effect of reappearance of considered to have been
the absent spouse. conceived during such
marriage, even though it be
(x) That acquiescence resulted from a born within the three hundred
belief that the thing acquiesced in was days after the termination of
conformable to the law or fact; the former marriage.

(y) That things have happened (2) A child born after one
according to the ordinary course of hundred eighty days following
nature and ordinary nature habits of the celebration of the
life; subsequent marriage is
considered to have been
(z) That persons acting as copartners conceived during such
have entered into a contract of marriage, even though it be
copartneship; born within the three hundred
days after the termination of
(aa) That a man and woman deporting the former marriage.
themselves as husband and wife have
entered into a lawful contract of (ee) That a thing once proved to exist
marriage; continues as long as is usual with
things of the nature;
(bb) That property acquired by a man
and a woman who are capacitated to (ff) That the law has been obeyed;
marry each other and who live
exclusively with each other as (gg) That a printed or published book,
husband and wife without the benefit purporting to be printed or published
of marriage or under void marriage, by public authority, was so printed or
has been obtained by their joint published;
efforts, work or industry.
(hh) That a printed or published book,
(cc) That in cases of cohabitation by a purporting contain reports of cases
man and a woman who are not adjudged in tribunals of the country
capacitated to marry each other and where the book is published, contains
who have acquire properly through correct reports of such cases;
their actual joint contribution of money,
property or industry, such (ii) That a trustee or other person
contributions and their corresponding whose duty it was to convey real
shares including joint deposits of property to a particular person has
money and evidences of credit are actually conveyed it to him when such
equal. presumption is necessary to perfect
 the title of such person or his days following the dissolution of the marriage
successor in interest; or the separation of the spouses. Whoever
alleges the legitimacy or illegitimacy of such
(jj) That except for purposes of child must prove his allegation. (6)
succession, when two persons perish
in the same calamity, such as wreck,
battle, or conflagration, and it is not
shown who died first, and there are no
particular circumstances from which it RULE 132
can be inferred, the survivorship is
determined from the probabilities Presentation of Evidence
resulting from the strength and the
age of the sexes, according to the
following rules: A. EXAMINATION OF WITNESSES

1. If both were under the age Section 1. Examination to be done in open

of fifteen years, the older is court. — The examination of witnesses
deemed to have survived; presented in a trial or hearing shall be done in
open court, and under oath or affirmation.
Unless the witness is incapacitated to speak,
2. If both were above the age or the questions calls for a different mode of
sixty, the younger is deemed answer, the answers of the witness shall be
to have survived; given orally. (1a)

3. If one is under fifteen and Section 2. Proceedings to be recorded. —

the other above sixty, the The entire proceedings of a trial or hearing,
former is deemed to have including the questions propounded to a
survived; witness and his answers thereto, the
statements made by the judge or any of the
4. If both be over fifteen and parties, counsel, or witnesses with reference
under sixty, and the sex be to the case, shall be recorded by means of
different, the male is deemed shorthand or stenotype or by other means of
to have survived, if the sex be recording found suitable by the court.
the same, the older;
A transcript of the record of the proceedings
5. If one be under fifteen or made by the official stenographer, stenotypist
over sixty, and the other or recorder and certified as correct by him
between those ages, the latter shall be deemed prima facie a correct
is deemed to have survived. statement of such proceedings. (2a)

(kk) That if there is a doubt, as Section 3. Rights and obligations of a

between two or more persons who are witness. — A witness must answer questions,
called to succeed each other, as to although his answer may tend to establish a
which of them died first, whoever claim against him. However, it is the right of a
alleges the death of one prior to the witness:
other, shall prove the same; in the
absence of proof, they shall be (1) To be protected from irrelevant,
considered to have died at the same improper, or insulting questions, and
time. (5a) from harsh or insulting demeanor;

Section 4. No presumption of legitimacy or (2) Not to be detained longer than the

illegitimacy. — There is no presumption of interests of justice require;
legitimacy of a child born after three hundred
 (3) Not to be examined except only as the witness has been concluded, he may be
to matters pertinent to the issue; re-examined by the party calling him, to
explain or supplement his answers given
(4) Not to give an answer which will during the cross-examination. On re-direct-
tend to subject him to a penalty for an examination, questions on matters not dealt
offense unless otherwise provided by with during the cross-examination, may be
law; or allowed by the court in its discretion. (12)

(5) Not to give an answer which will Section 8. Re-cross-examination. — Upon

tend to degrade his reputation, unless the conclusion of the re-direct examination,
it to be the very fact at issue or to a the adverse party may re-cross-examine the
fact from which the fact in issue would witness on matters stated in his re-direct
be presumed. But a witness must examination, and also on such other matters
answer to the fact of his previous final as may be allowed by the court in its
conviction for an offense. (3a, 19a) discretion. (13)

Section 4. Order in the examination of an Section 9. Recalling witness. — After the

individual witness. — The order in which the examination of a witness by both sides has
individual witness may be examined is as been concluded, the witness cannot be
follows; recalled without leave of the court. The court
will grant or withhold leave in its discretion, as
(a) Direct examination by the the interests of justice may require. (14)
proponent;
Section 10. Leading and misleading
(b) Cross-examination by the questions. — A question which suggests to
opponent; the witness the answer which the examining
party desires is a leading question. It is not
allowed, except:
(c) Re-direct examination by the
proponent;
(a) On cross examination;
(d) Re-cross-examination by the
opponent. (4) (b) On preliminary matters;

Section 5. Direct examination. — Direct (c) When there is a difficulty is getting

examination is the examination-in-chief of a direct and intelligible answers from a
witness by the party presenting him on the witness who is ignorant, or a child of
facts relevant to the issue. (5a) tender years, or is of feeble mind, or a
deaf-mute;
Section 6. Cross-examination; its purpose
and extent. — Upon the termination of the (d) Of an unwilling or hostile witness;
direct examination, the witness may be cross- or
examined by the adverse party as to many
matters stated in the direct examination, or (e) Of a witness who is an adverse
connected therewith, with sufficient fullness party or an officer, director, or
and freedom to test his accuracy and managing agent of a public or private
truthfulness and freedom from interest or bias, corporation or of a partnership or
or the reverse, and to elicit all important facts association which is an adverse party.
bearing upon the issue. (8a)
A misleading question is one which assumes
Section 7. Re-direct examination; its purpose as true a fact not yet testified to by the
and extent. — After the cross-examination of witness, or contrary to that which he has
previously stated. It is not allowed. (5a, 6a, shown to the witness before any question is
and 8a) put to him concerning them. (16)

Section 11. Impeachment of adverse party's Section 14. Evidence of good character of
witness. — A witness may be impeached by witness. — Evidence of the good character of
the party against whom he was called, by a witness is not admissible until such
contradictory evidence, by evidence that his character has been impeached. (17)
general reputation for truth, honestly, or
integrity is bad, or by evidence that he has Section 15. Exclusion and separation of
made at other times statements inconsistent witnesses. — On any trial or hearing, the
with his present, testimony, but not by judge may exclude from the court any witness
evidence of particular wrongful acts, except not at the time under examination, so that he
that it may be shown by the examination of may not hear the testimony of other
the witness, or the record of the judgment, witnesses. The judge may also cause
that he has been convicted of an offense. (15) witnesses to be kept separate and to be
prevented from conversing with one another
Section 12. Party may not impeach his own until all shall have been examined. (18)
witness. — Except with respect to witnesses
referred to in paragraphs (d) and (e) of Section 16. When witness may refer to
Section 10, the party producing a witness is memorandum. — A witness may be allowed
not allowed to impeach his credibility. to refresh his memory respecting a fact, by
anything written or recorded by himself or
A witness may be considered as unwilling or under his direction at the time when the fact
hostile only if so declared by the court upon occurred, or immediately thereafter, or at any
adequate showing of his adverse interest, other time when the fact was fresh in his
unjustified reluctance to testify, or his having memory and knew that the same was
misled the party into calling him to the witness correctly written or recorded; but in such case
stand. the writing or record must be produced and
may be inspected by the adverse party, who
The unwilling or hostile witness so declared, may, if he chooses, cross examine the
or the witness who is an adverse party, may witness upon it, and may read it in evidence.
be impeached by the party presenting him in So, also, a witness may testify from such
all respects as if he had been called by the writing or record, though he retain no
adverse party, except by evidence of his bad recollection of the particular facts, if he is able
character. He may also be impeached and to swear that the writing or record correctly
cross-examined by the adverse party, but stated the transaction when made; but such
such cross-examination must only be on the evidence must be received with caution. (10a)
subject matter of his examination-in-chief. (6a,
7a) Section 17. When part of transaction, writing
or record given in evidence, the remainder,
Section 13. How witness impeached by the remainder admissible. — When part of an
evidence of inconsistent act, declaration, conversation, writing or
statements. — Before a witness can be record is given in evidence by one party, the
impeached by evidence that he has made at whole of the same subject may be inquired
other times statements inconsistent with his into by the other, and when a detached act,
present testimony, the statements must be declaration, conversation, writing or record is
related to him, with the circumstances of the given in evidence, any other act, declaration,
times and places and the persons present, conversation, writing or record necessary to
and he must be asked whether he made such its understanding may also be given in
statements, and if so, allowed to explain them. evidence. (11a)
If the statements be in writing they must be
Section 18. Right to respect writing shown to naturally be found if genuine, and is
witness. — Whenever a writing is shown to a unblemished by any alterations or
witness, it may be inspected by the adverse circumstances of suspicion, no other evidence
party. (9a) of its authenticity need be given. (22a)

B. AUTHENTICATION AND PROOF OF Section 22. How genuineness of handwriting

DOCUMENTS proved. — The handwriting of a person may
be proved by any witness who believes it to
Section 19. Classes of Documents. — For be the handwriting of such person because he
the purpose of their presentation evidence, has seen the person write, or has seen writing
documents are either public or private. purporting to be his upon which the witness
has acted or been charged, and has thus
Public documents are: acquired knowledge of the handwriting of
such person. Evidence respecting the
handwriting may also be given by a
(a) The written official acts, or records
comparison, made by the witness or the court,
of the official acts of the sovereign
with writings admitted or treated as genuine
authority, official bodies and tribunals,
by the party against whom the evidence is
and public officers, whether of the
offered, or proved to be genuine to the
Philippines, or of a foreign country;
satisfaction of the judge. (23a)
(b) Documents acknowledge before a
Section 23. Public documents as
notary public except last wills and
evidence. — Documents consisting of entries
testaments; and
in public records made in the performance of
a duty by a public officer are prima
(c) Public records, kept in the facie evidence of the facts therein stated. All
Philippines, of private documents other public documents are evidence, even
required by law to the entered therein. against a third person, of the fact which gave
rise to their execution and of the date of the
All other writings are private. (20a) latter. (24a)

Section 20. Proof of private Section 24. Proof of official record. — The

document. — Before any private document record of public documents referred to in
offered as authentic is received in evidence, paragraph (a) of Section 19, when admissible
its due execution and authenticity must be for any purpose, may be evidenced by an
proved either: official publication thereof or by a copy
attested by the officer having the legal
(a) By anyone who saw the document custody of the record, or by his deputy, and
executed or written; or accompanied, if the record is not kept in the
Philippines, with a certificate that such officer
(b) By evidence of the genuineness of has the custody. If the office in which the
the signature or handwriting of the record is kept is in foreign country, the
maker. certificate may be made by a secretary of the
embassy or legation, consul general, consul,
Any other private document need only be vice consul, or consular agent or by any
identified as that which it is claimed to be. officer in the foreign service of the Philippines
(21a) stationed in the foreign country in which the
record is kept, and authenticated by the seal
Section 21. When evidence of authenticity of of his office. (25a)
private document not necessary. — Where a
private document is more than thirty years old, Section 25. What attestation of copy must
is produced from the custody in which it would state. — Whenever a copy of a document or
record is attested for the purpose of evidence, Section 31. Alteration in document, how to
the attestation must state, in substance, that explain. — The party producing a document
the copy is a correct copy of the original, or a as genuine which has been altered and
specific part thereof, as the case may be. The appears to have been altered after its
attestation must be under the official seal of execution, in a part material to the question in
the attesting officer, if there be any, or if he be dispute, must account for the alteration. He
the clerk of a court having a seal, under the may show that the alteration was made by
seal of such court. (26a) another, without his concurrence, or was
made with the consent of the parties affected
Section 26. Irremovability of public by it, or was otherwise properly or innocent
record. — Any public record, an official copy made, or that the alteration did not change the
of which is admissible in evidence, must not meaning or language of the instrument. If he
be removed from the office in which it is kept, fails to do that, the document shall not be
except upon order of a court where the admissible in evidence. (32a)
inspection of the record is essential to the just
determination of a pending case. (27a) Section 32. Seal. — There shall be no
difference between sealed and unsealed
Section 27. Public record of a private private documents insofar as their
document. — An authorized public record of a admissibility as evidence is concerned. (33a)
private document may be proved by the
original record, or by a copy thereof, attested Section 33. Documentary evidence in an
by the legal custodian of the record, with an unofficial language. — Documents written in
appropriate certificate that such officer has the an unofficial language shall not be admitted
custody. (28a) as evidence, unless accompanied with a
translation into English or Filipino. To avoid
Section 28. Proof of lack of record. — A interruption of proceedings, parties or their
written statement signed by an officer having attorneys are directed to have such translation
the custody of an official record or by his prepared before trial. (34a)
deputy that after diligent search no record or
entry of a specified tenor is found to exist in C. OFFER AND OBJECTION
the records of his office, accompanied by a
certificate as above provided, is admissible as Section 34. Offer of evidence. — The court
evidence that the records of his office contain shall consider no evidence which has not
no such record or entry. (29) been formally offered. The purpose for which
the evidence is offered must be specified. (35)
Section 29. How judicial record
impeached. — Any judicial record may be Section 35. When to make offer. — As
impeached by evidence of: (a) want of regards the testimony of a witness, the offer
jurisdiction in the court or judicial officer, (b) must be made at the time the witness is called
collusion between the parties, or (c) fraud in to testify.
the party offering the record, in respect to the
proceedings. (30a) Documentary and object evidence shall be
offered after the presentation of a party's
Section 30. Proof of notarial testimonial evidence. Such offer shall be done
documents. — Every instrument duly orally unless allowed by the court to be done
acknowledged or proved and certified as in writing. (n)
provided by law, may be presented in
evidence without further proof, the certificate Section 36. Objection. — Objection to
of acknowledgment being prima evidence offered orally must be made
facie evidence of the execution of the immediately after the offer is made.
instrument or document involved. (31a)
Objection to a question propounded in the incompetent, irrelevant, or otherwise
course of the oral examination of a witness improper. (n)
shall be made as soon as the grounds
therefor shall become reasonably apparent. Section 40. Tender of excluded
evidence. — If documents or things offered in
An offer of evidence in writing shall be evidence are excluded by the court, the
objected to within three (3) days after notice of offeror may have the same attached to or
the unless a different period is allowed by the made part of the record. If the evidence
court. excluded is oral, the offeror may state for the
record the name and other personal
In any case, the grounds for the objections circumstances of the witness and the
must be specified. (36a) substance of the proposed testimony. (n)

Section 37. When repetition of objection

unnecessary. — When it becomes reasonably
apparent in the course of the examination of a
witness that the question being propounded RULE 133
are of the same class as those to which
objection has been made, whether such Weight and Sufficiency of Evidence
objection was sustained or overruled, it shall
not be necessary to repeat the objection, it Section 1. Preponderance of evidence, how
being sufficient for the adverse party to record determined. — In civil cases, the party having
his continuing objection to such class of burden of proof must establish his case by a
questions. (37a) preponderance of evidence. In determining
where the preponderance or superior weight
Section 38. Ruling. — The ruling of the court of evidence on the issues involved lies, the
must be given immediately after the objection court may consider all the facts and
is made, unless the court desires to take a circumstances of the case, the witnesses'
reasonable time to inform itself on the manner of testifying, their intelligence, their
question presented; but the ruling shall always means and opportunity of knowing the facts to
be made during the trial and at such time as which there are testifying, the nature of the
will give the party against whom it is made an facts to which they testify, the probability or
opportunity to meet the situation presented by improbability of their testimony, their interest
the ruling. or want of interest, and also their personal
credibility so far as the same may legitimately
The reason for sustaining or overruling an appear upon the trial. The court may also
objection need not be stated. However, if the consider the number of witnesses, though the
objection is based on two or more grounds, a preponderance is not necessarily with the
ruling sustaining the objection on one or some greater number. (1a)
of them must specify the ground or grounds
relied upon. (38a) Section 2. Proof beyond reasonable
doubt. — In a criminal case, the accused is
Section 39. Striking out answer. — Should a entitled to an acquittal, unless his guilt is
witness answer the question before the shown beyond reasonable doubt. Proof
adverse party had the opportunity to voice beyond reasonable doubt does not mean
fully its objection to the same, and such such a degree of proof, excluding possibility of
objection is found to be meritorious, the court error, produces absolute certainly. Moral
shall sustain the objection and order the certainly only is required, or that degree of
answer given to be stricken off the record. proof which produces conviction in an
unprejudiced mind. (2a)
On proper motion, the court may also order
the striking out of answers which are
Section 3. Extrajudicial confession, not Perpetuation of Testimony
sufficient ground for conviction. — An
extrajudicial confession made by an accused, Section 1. Petition. — A person who desires
shall not be sufficient ground for conviction, to perpetuate his own testimony or that of
unless corroborated by evidence of corpus another person regarding any matter that may
delicti. (3) be cognizable in any court of the Philippines,
any file a verified petition in the court of the
Section 4. Circumstantial evidence, when province of the residence of any expected
sufficient. — Circumstantial evidence is adverse party.
sufficient for conviction if:
Section 2. Contents of petition. — The
(a) There is more than one petition shall be entitled in the name of the
circumstances; 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
(b) The facts from which the
unable to bring it or cause it to be brought; (b)
inferences are derived are proven;
the subject matter of the expected action and
and
his interest therein; (c) the facts which he
desires to establish by the proposed testimony
(c) The combination of all the and his reasons for desiring to perpetuate it;
circumstances is such as to produce a (d) the names of a description of the persons
conviction beyond reasonable doubt. he expects will be adverse parties and their
(5) addresses so far as known; and (e) the names
and addresses of the persons to be examined
Section 5. Substantial evidence. — In cases and the substance of the testimony which he
filed before administrative or quasi-judicial expects to elicit from each, and shall ask for
bodies, a fact may be deemed established if it an order authorizing the petitioner to take the
is supported by substantial evidence, or that depositions of the persons to be examined
amount of relevant evidence which a named in the petition for the purpose of
reasonable mind might accept as adequate to perpetuating their testimony.
justify a conclusion. (n)
Section 3. Notice and service. — The
Section 6. Power of the court to stop further petitioner shall thereafter serve a notice upon
evidence. — The court may stop the each person named in the petition as an
introduction of further testimony upon any expected adverse party, together with a copy
particular point when the evidence upon it is of a petition, stating that the petitioner will
already so full that more witnesses to the apply to the court, at a time and place named
same point cannot be reasonably expected to therein, for the order described in the petition.
be additionally persuasive. But this power At least twenty (20) days before the date of
should be exercised with caution. (6) hearing the notice shall be served in the
manner provided for service of summons.
Section 7. Evidence on motion. — When a
motion is based on facts not appearing of Section 4. Order of examination. — If the
record the court may hear the matter on court is satisfied that the perpetuation of the
affidavits or depositions presented by the testimony may prevent a failure or delay of
respective parties, but the court may direct justice, it shall make an order designating or
that the matter be heard wholly or partly on describing the persons whose deposition may
oral testimony or depositions. (7) be taken and specifying the subject matter of
the examination, and whether the depositions
shall be taken upon oral examination or
written interrogatories. The depositions may
then be taken in accordance with Rule 24
RULE 134 1 before the hearing.
Section 5. Reference to court. — For the
purpose of applying Rule 24 to depositions for
perpetuating testimony, each reference
therein to the court in which the action is
pending shall be deemed to refer to the court
in which the petition for such deposition was
filed.

Section 6. Use of deposition. — If a

deposition to perpetuate testimony is taken
under this rule, or if, although not so taken, it
would be admissible in evidence, it may be
used in any action involving the same subject
matter subsequently brought in accordance
with the provisions of Sections 4 and 5 of Rule
24.

Section 7. Depositions pending appeal. — If

an appeal has been taken from a judgment of
the Regional Trial Court or before the taking
of an appeal if the time therefor has not
expired, the Regional Trial Court in which the
judgment was rendered may allow the taking
of depositions of witnesses to perpetuate their
testimony for use in the event of further
proceedings in the said court. In such case
the party who desires to perpetuate the
testimony may make a motion in the said
Regional Trial Court for leave to take the
depositions, upon the same notice and
service thereof as if the action was pending
therein. The motion shall show (a) the name
and the addresses of the persons to be
examined and the substance of the testimony
which he expects to elicit from each; and (b)
the reason for perpetuating their testimony. If
the court finds that the perpetuation of the
testimony is proper to avoid a failure or delay
of justice, it may make an order allowing the
depositions to be taken, and thereupon the
depositions may be taken and used in the
same manner and under the same conditions
as are prescribed in these rules for
depositions taken in actions pending in the
Regional Trial Court. (7a)

Footnote

This rule will be transposed to Part 1

of the Rules of Court on Deposition
and Discovery.