REVISED RULES ON EVIDENCE

(Rules 128-134, Rules of Court) Section 2. Judicial notice, when discretionary. — A

court may take judicial notice of matters which are of
public knowledge, or are capable to unquestionable
demonstration, or ought to be known to judges
AS AMENDED PER RESOLUTION because of their judicial functions. (1a)
ADOPTED ON MARCH 14, 1989
Section 3. Judicial notice, when hearing necessary.
PART IV — During the trial, the court, on its own initiative, or on
RULES OF EVIDENCE request of a party, may announce its intention to take
judicial notice of any matter and allow the parties to
be heard thereon.
RULE 128 After the trial, and before judgment or on appeal, the
General Provisions proper court, on its own initiative or on request of a
party, may take judicial notice of any matter and allow
Section 1. Evidence defined. — Evidence is the the parties to be heard thereon if such matter is
means, sanctioned by these rules, of ascertaining in a decisive of a material issue in the case. (n)
judicial proceeding the truth respecting a matter of
fact. (1) Section 4. Judicial admissions. — An admission,
verbal or written, made by the party in the course of
Section 2. Scope. — The rules of evidence shall be the proceedings in the same case, does not require
the same in all courts and in all trials and hearings, proof. The admission may be contradicted only by
except as otherwise provided by law or these rules. showing that it was made through palpable mistake or
(2a) that no such admission was made. (2a)

Section 3. Admissibility of evidence. — Evidence is

admissible when it is relevant to the issue and is not RULE 130
excluded by the law of these rules. (3a) Rules of Admissibility
A. OBJECT (REAL) EVIDENCE
Section 4. Relevancy; collateral matters. — Evidence Section 1. Object as evidence. — Objects as
must have such a relation to the fact in issue as to evidence are those addressed to the senses of the
induce belief in its existence or non-existence. court. When an object is relevant to the fact in issue, it
Evidence on collateral matters shall not be allowed, may be exhibited to, examined or viewed by the court.
except when it tends in any reasonable degree to (1a)
establish the probability or improbability of the fact in
issue. (4a) B. DOCUMENTARY EVIDENCE
Section 2. Documentary evidence. — Documents as
evidence consist of writing or any material containing
RULE 129 letters, words, numbers, figures, symbols or other
What Need Not Be Proved modes of written expression offered as proof of their
Section 1. Judicial notice, when mandatory. — A contents. (n)
court shall take judicial notice, without the introduction
of evidence, of the existence and territorial extent of 1. Best Evidence Rule
states, their political history, forms of government and Section 3. Original document must be
symbols of nationality, the law of nations, the produced; exceptions. — When the subject of inquiry
admiralty and maritime courts of the world and their is the contents of a document, no evidence shall be
seals, the political constitution and history of the admissible other than the original document itself,
Philippines, the official acts of legislative, executive except in the following cases:
and judicial departments of the Philippines, the laws (a) When the original has been lost or
of nature, the measure of time, and the geographical destroyed, or cannot be produced in court,
divisions. (1a) 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 Section 8. Party who calls for document not bound to
the evidence is offered, and the latter fails to offer it. — A party who calls for the production of a
produce it after reasonable notice; document and inspects the same is not obliged to
(c) When the original consists of numerous offer it as evidence. (6a)
accounts or other documents which cannot be
examined in court without great loss of time 3. Parol Evidence Rule
and the fact sought to be established from Section 9. Evidence of written agreements. — When
them is only the general result of the whole; the terms of an agreement have been reduced to
and writing, it is considered as containing all the terms
(d) When the original is a public record in the agreed upon and there can be, between the parties
custody of a public officer or is recorded in a and their successors in interest, no evidence of such
public office. (2a) terms other than the contents of the written
agreement.
Section 4. Original of document. — However, a party may present evidence to modify,
(a) The original of the document is one the explain or add to the terms of written agreement if he
contents of which are the subject of inquiry. puts in issue in his pleading:
(b) When a document is in two or more copies (a) An intrinsic ambiguity, mistake or
executed at or about the same time, with imperfection in the written agreement;
identical contents, all such copies are equally (b) The failure of the written agreement to
regarded as originals. express the true intent and agreement of the
(c) When an entry is repeated in the regular parties thereto;
course of business, one being copied from (c) The validity of the written agreement; or
another at or near the time of the transaction, (d) The existence of other terms agreed to by
all the entries are likewise equally regarded as the parties or their successors in interest after
originals. (3a) the execution of the written agreement.
The term "agreement" includes wills. (7a)
2. Secondary Evidence
Section 5. When original document is unavailable. — 4. Interpretation Of Documents
When the original document has been lost or Section 10. Interpretation of a writing according to its
destroyed, or cannot be produced in court, the offeror, legal meaning. — The language of a writing is to be
upon proof of its execution or existence and the cause interpreted according to the legal meaning it bears in
of its unavailability without bad faith on his part, may the place of its execution, unless the parties intended
prove its contents by a copy, or by a recital of its otherwise. (8)
contents in some authentic document, or by the
testimony of witnesses in the order stated. (4a) Section 11. Instrument construed so as to give effect
to all provisions. — In the construction of an
Section 6. When original document is in adverse instrument, where there are several provisions or
party's custody or control. — If the document is in the particulars, such a construction is, if possible, to be
custody or under the control of adverse party, he must adopted as will give effect to all. (9)
have reasonable notice to produce it. If after such
notice and after satisfactory proof of its existence, he Section 12. Interpretation according to
fails to produce the document, secondary evidence intention; general and particular provisions. — In the
may be presented as in the case of its loss. (5a) construction of an instrument, the intention of the
parties is to be pursued; and when a general and a
Section 7. Evidence admissible when original particular provision are inconsistent, the latter is
document is a public record. — When the original of paramount to the former. So a particular intent will
document is in the custody of public officer or is control a general one that is inconsistent with it. (10)
recorded in a public office, its contents may be proved
by a certified copy issued by the public officer in Section 13. Interpretation according to
custody thereof. (2a) circumstances. — For the proper construction of an
instrument, the circumstances under which it was Section 20. Witnesses; their qualifications. — Except
made, including the situation of the subject thereof as provided in the next succeeding section, all
and of the parties to it, may be shown, so that the persons who can perceive, and perceiving, can make
judge may be placed in the position of those who their known perception to others, may be witnesses.
language he is to interpret. (11)
Religious or political belief, interest in the outcome of
Section 14. Peculiar signification of terms. — The the case, or conviction of a crime unless otherwise
terms of a writing are presumed to have been used in provided by law, shall not be ground for
their primary and general acceptation, but evidence is disqualification. (18a)
admissible to show that they have a local, technical,
or otherwise peculiar signification, and were so used Section 21. Disqualification by reason of mental
and understood in the particular instance, in which incapacity or immaturity. — The following persons
case the agreement must be construed accordingly. cannot be witnesses:
(12) (a) Those whose mental condition, at the time
of their production for examination, is such
Section 15. Written words control printed. — When that they are incapable of intelligently making
an instrument consists partly of written words and known their perception to others;
partly of a printed form, and the two are inconsistent, (b) Children whose mental maturity is such as
the former controls the latter. (13) to render them incapable of perceiving the
facts respecting which they are examined and
Section 16. Experts and interpreters to be used in of relating them truthfully. (19a)
explaining certain writings. — When the characters in
which an instrument is written are difficult to be Section 22. Disqualification by reason of marriage. —
deciphered, or the language is not understood by the During their marriage, neither the husband nor the
court, the evidence of persons skilled in deciphering wife may testify for or against the other without the
the characters, or who understand the language, is consent of the affected spouse, except in a civil case
admissible to declare the characters or the meaning by one against the other, or in a criminal case for a
of the language. (14) crime committed by one against the other or the
latter's direct descendants or ascendants. (20a)
Section 17. Of Two constructions, which preferred. —
When the terms of an agreement have been intended Section 23. Disqualification by reason of death or
in a different sense by the different parties to it, that insanity of adverse party. — Parties or assignor of
sense is to prevail against either party in which he parties to a case, or persons in whose behalf a case
supposed the other understood it, and when different is prosecuted, against an executor or administrator or
constructions of a provision are otherwise equally other representative of a deceased person, or against
proper, that is to be taken which is the most favorable a person of unsound mind, upon a claim or demand
to the party in whose favor the provision was made. against the estate of such deceased person or against
(15) such person of unsound mind, cannot testify as to any
matter of fact occurring before the death of such
Section 18. Construction in favor of natural right. — deceased person or before such person became of
When an instrument is equally susceptible of two unsound mind. (20a)
interpretations, one in favor of natural right and the
other against it, the former is to be adopted. (16) Section 24. Disqualification by reason of privileged
communication. — The following persons cannot
Section 19. Interpretation according to usage. — An testify as to matters learned in confidence in the
instrument may be construed according to usage, in following cases:
order to determine its true character. (17) (a) The husband or the wife, during or after
the marriage, cannot be examined without the
C. TESTIMONIAL EVIDENCE consent of the other as to any communication
1. Qualification of Witnesses 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 admission of any liability, and is not admissible in
a crime committed by one against the other or evidence against the offeror.
the latter's direct descendants or ascendants; In criminal cases, except those involving quasi-
(b) An attorney cannot, without the consent of offenses (criminal negligence) or those allowed by law
his client, be examined as to any to be compromised, an offer of compromised by the
communication made by the client to him, or accused may be received in evidence as an implied
his advice given thereon in the course of, or admission of guilt.
with a view to, professional employment, nor A plea of guilty later withdrawn, or an unaccepted
can an attorney's secretary, stenographer, or offer of a plea of guilty to lesser offense, is not
clerk be examined, without the consent of the admissible in evidence against the accused who
client and his employer, concerning any fact made the plea or offer.
the knowledge of which has been acquired in An offer to pay or the payment of medical, hospital or
such capacity; other expenses occasioned by an injury is not
(c) A person authorized to practice medicine, admissible in evidence as proof of civil or criminal
surgery or obstetrics cannot in a civil case, liability for the injury. (24a)
without the consent of the patient, be
examined as to any advice or treatment given Section 28. Admission by third party. — The rights of
by him or any information which he may have a party cannot be prejudiced by an act, declaration, or
acquired in attending such patient in a omission of another, except as hereinafter provided.
professional capacity, which information was (25a)
necessary to enable him to act in capacity,
and which would blacken the reputation of the Section 29. Admission by co-partner or agent. — The
patient; act or declaration of a partner or agent of the party
(d) A minister or priest cannot, without the within the scope of his authority and during the
consent of the person making the confession, existence of the partnership or agency, may be given
be examined as to any confession made to or in evidence against such party after the partnership or
any advice given by him in his professional agency is shown by evidence other than such act or
character in the course of discipline enjoined declaration. The same rule applies to the act or
by the church to which the minister or priest declaration of a joint owner, joint debtor, or other
belongs; person jointly interested with the party. (26a)
(e) A public officer cannot be examined during
his term of office or afterwards, as to Section 30. Admission by conspirator. — The act or
communications made to him in official declaration of a conspirator relating to the conspiracy
confidence, when the court finds that the and during its existence, may be given in evidence
public interest would suffer by the disclosure. against the co-conspirator after the conspiracy is
(21a) shown by evidence other than such act of declaration.
(27)
2. Testimonial Privilege
Section 25. Parental and filial privilege. — No person Section 31. Admission by privies. — Where one
may be compelled to testify against his parents, other derives title to property from another, the act,
direct ascendants, children or other direct declaration, or omission of the latter, while holding the
descendants. (20a) title, in relation to the property, is evidence against the
former. (28)
3. Admissions and Confessions
Section 26. Admission of a party. — The act, Section 32. Admission by silence. — An act or
declaration or omission of a party as to a relevant fact declaration made in the presence and within the
may be given in evidence against him. (22) hearing or observation of a party who does or says
nothing when the act or declaration is such as
Section 27. Offer of compromise not admissible. — In naturally to call for action or comment if not true, and
civil cases, an offer of compromise is not an when proper and possible for him to do so, may be
given in evidence against him. (23a)
 evidence where it occurred before the controversy,
Section 33. Confession. — The declaration of an and the relationship between the two persons is
accused acknowledging his guilt of the offense shown by evidence other than such act or declaration.
charged, or of any offense necessarily included The word "pedigree" includes relationship, family
therein, may be given in evidence against him. (29a) genealogy, birth, marriage, death, the dates when and
the places where these fast occurred, and the names
4. Previous Conduct as Evidence of the relatives. It embraces also facts of family history
Section 34. Similar acts as evidence. — Evidence intimately connected with pedigree. (33a)
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 Section 40. Family reputation or tradition regarding
same or similar thing at another time; but it may be pedigree. — The reputation or tradition existing in a
received to prove a specific intent or knowledge; family previous to the controversy, in respect to the
identity, plan, system, scheme, habit, custom or pedigree of any one of its members, may be received
usage, and the like. (48a) in evidence if the witness testifying thereon be also a
Section 35. Unaccepted offer. — An offer in writing to member of the family, either by consanguinity or
pay a particular sum of money or to deliver a written affinity. Entries in family bibles or other family books
instrument or specific personal property is, if rejected or charts, engravings on rings, family portraits and the
without valid cause, equivalent to the actual like, may be received as evidence of pedigree. (34a)
production and tender of the money, instrument, or
property. (49a) Section 41. Common reputation. — Common
reputation existing previous to the controversy,
5. Testimonial Knowledge respecting facts of public or general interest more
Section 36. Testimony generally confined to personal than thirty years old, or respecting marriage or moral
knowledge; hearsay excluded. — A witness can character, may be given in evidence. Monuments and
testify only to those facts which he knows of his inscriptions in public places may be received as
personal knowledge; that is, which are derived from evidence of common reputation. (35)
his own perception, except as otherwise provided in
these rules. (30a) Section 42. Part of res gestae. — Statements made
by a person while a starting occurrence is taking place
6. Exceptions To The Hearsay Rule or immediately prior or subsequent thereto with
Section 37. Dying declaration. — The declaration of a respect to the circumstances thereof, may be given in
dying person, made under evidence as part of res gestae. So, also, statements
the consciousness of an impending death, may be accompanying an equivocal act material to the issue,
received in any case wherein his death is the subject and giving it a legal significance, may be received as
of inquiry, as evidence of the cause and surrounding part of the res gestae. (36a)
circumstances of such death. (31a)
Section 43. Entries in the course of business. —
Section 38. Declaration against interest. — The Entries made at, or near the time of transactions to
declaration made by a person deceased, or unable to which they refer, by a person deceased, or unable to
testify, against the interest of the declarant, if the fact testify, who was in a position to know the facts therein
is asserted in the declaration was at the time it was stated, may be received as prima facie evidence, if
made so far contrary to declarant's own interest, that such person made the entries in his professional
a reasonable man in his position would not have capacity or in the performance of duty and in the
made the declaration unless he believed it to be true, ordinary or regular course of business or duty. (37a)
may be received in evidence against himself or his
successors in interest and against third persons. (32a) Section 44. Entries in official records. — Entries in
official records made in the performance of his duty by
Section 39. Act or declaration about pedigree. — The a public officer of the Philippines, or by a person in the
act or declaration of a person deceased, or unable to performance of a duty specially enjoined by law,
testify, in respect to the pedigree of another person are prima facie evidence of the facts therein stated.
related to him by birth or marriage, may be received in (38)
 8. Character Evidence
Section 45. Commercial lists and the like. — Section 51. Character evidence not generally
Evidence of statements of matters of interest to admissible; exceptions: —
persons engaged in an occupation contained in a list, (a) In Criminal Cases:
register, periodical, or other published compilation is (1) The accused may prove his good
admissible as tending to prove the truth of any moral character which is pertinent to
relevant matter so stated if that compilation is the moral trait involved in the offense
published for use by persons engaged in that charged.
occupation and is generally used and relied upon by (2) Unless in rebuttal, the prosecution
them therein. (39) may not prove his bad moral character
which is pertinent to the moral trait
Section 46. Learned treatises. — A published involved in the offense charged.
treatise, periodical or pamphlet on a subject of history, (3) The good or bad moral character
law, science, or art is admissible as tending to prove of the offended party may be proved if
the truth of a matter stated therein if the court takes it tends to establish in any reasonable
judicial notice, or a witness expert in the subject degree the probability or improbability
testifies, that the writer of the statement in the treatise, of the offense charged.
periodical or pamphlet is recognized in his profession (b) In Civil Cases:
or calling as expert in the subject. (40a) Evidence of the moral character of a party in
civil case is admissible only when pertinent to
Section 47. Testimony or deposition at a former the issue of character involved in the case.
proceeding. — The testimony or deposition of a (c) In the case provided for in Rule 132,
witness deceased or unable to testify, given in a Section 14, (46a, 47a)
former case or proceeding, judicial or administrative,
involving the same parties and subject matter, may be
given in evidence against the adverse party who had RULE 131
the opportunity to cross-examine him. (41a) Burden of Proof and Presumptions

7. Opinion Rule Section 1. Burden of proof. — Burden of proof is the

Section 48. General rule. — The opinion of witness is duty of a party to present evidence on the facts in
not admissible, except as indicated in the following issue necessary to establish his claim or defense by
sections. (42) the amount of evidence required by law. (1a, 2a)

Section 49. Opinion of expert witness. — The opinion Section 2. Conclusive presumptions. — The following
of a witness on a matter requiring special knowledge, are instances of conclusive presumptions:
skill, experience or training which he shown to (a) Whenever a party has, by his own
posses, may be received in evidence. (43a) declaration, act, or omission, intentionally and
deliberately led to another to believe a
Section 50. Opinion of ordinary witnesses. — The particular thing true, and to act upon such
opinion of a witness for which proper basis is given, belief, he cannot, in any litigation arising out of
may be received in evidence regarding — such declaration, act or omission, be
(a) the identity of a person about whom he permitted to falsify it:
has adequate knowledge; (b) The tenant is not permitted to deny the title
(b) A handwriting with which he has sufficient of his landlord at the time of commencement
familiarity; and of the relation of landlord and tenant between
(c) The mental sanity of a person with whom them. (3a)
he is sufficiently acquainted.
The witness may also testify on his impressions of the Section 3. Disputable presumptions. — The following
emotion, behavior, condition or appearance of a presumptions are satisfactory if uncontradicted, but
person. (44a) may be contradicted and overcome by other
evidence:
(a) That a person is innocent of crime or (t) That an endorsement of negotiable
wrong; instrument was made before the instrument
(b) That an unlawful act was done with an was overdue and at the place where the
unlawful intent; instrument is dated;
(c) That a person intends the ordinary (u) That a writing is truly dated;
consequences of his voluntary act; (v) That a letter duly directed and mailed was
(d) That a person takes ordinary care of his received in the regular course of the mail;
concerns; (w) That after an absence of seven years, it
(e) That evidence willfully suppressed would being unknown whether or not the absentee
be adverse if produced; still lives, he is considered dead for all
(f) That money paid by one to another was purposes, except for those of succession.
due to the latter;
(g) That a thing delivered by one to another The absentee shall not be considered dead for the
belonged to the latter; purpose of opening his succession till after an
(h) That an obligation delivered up to the absence of ten years. If he disappeared after the age
debtor has been paid; of seventy-five years, an absence of five years shall
(i) That prior rents or installments had been be sufficient in order that his succession may be
paid when a receipt for the later one is opened.
produced; The following shall be considered dead for all
(j) That a person found in possession of a purposes including the division of the estate among
thing taken in the doing of a recent wrongful the heirs:
act is the taker and the doer of the whole act; (1) A person on board a vessel lost
otherwise, that things which a person during a sea voyage, or an aircraft
possess, or exercises acts of ownership over, with is missing, who has not been
are owned by him; heard of for four years since the loss
(k) That a person in possession of an order on of the vessel or aircraft;
himself for the payment of the money, or the (2) A member of the armed forces who
delivery of anything, has paid the money or has taken part in armed hostilities, and
delivered the thing accordingly; has been missing for four years;
(l) That a person acting in a public office was (3) A person who has been in danger
regularly appointed or elected to it; of death under other circumstances
(m) That official duty has been regularly and whose existence has not been
performed; known for four years;
(n) That a court, or judge acting as such, (4) If a married person has been
whether in the Philippines or elsewhere, was absent for four consecutive years, the
acting in the lawful exercise of jurisdiction; spouse present may contract a
(o) That all the matters within an issue raised subsequent marriage if he or she has
in a case were laid before the court and well-founded belief that the absent
passed upon by it; and in like manner that all spouse is already death. In case of
matters within an issue raised in a dispute disappearance, where there is a
submitted for arbitration were laid before the danger of death the circumstances
arbitrators and passed upon by them; hereinabove provided, an absence of
(p) That private transactions have been fair only two years shall be sufficient for
and regular; the purpose of contracting a
(q) That the ordinary course of business has subsequent marriage. However, in any
been followed; case, before marrying again, the
(r) That there was a sufficient consideration spouse present must institute a
for a contract; summary proceedings as provided in
(s) That a negotiable instrument was given or the Family Code and in the rules for
indorsed for a sufficient consideration; declaration of presumptive death of
the absentee, without prejudice to the
 effect of reappearance of the absent (ee) That a thing once proved to exist
spouse. continues as long as is usual with things of the
nature;
(x) That acquiescence resulted from a belief (ff) That the law has been obeyed;
that the thing acquiesced in was conformable (gg) That a printed or published book,
to the law or fact; purporting to be printed or published by public
(y) That things have happened according to authority, was so printed or published;
the ordinary course of nature and ordinary (hh) That a printed or published book,
nature habits of life; purporting contain reports of cases adjudged
(z) That persons acting as copartners have in tribunals of the country where the book is
entered into a contract of copartneship; published, contains correct reports of such
(aa) That a man and woman deporting cases;
themselves as husband and wife have (ii) That a trustee or other person whose duty
entered into a lawful contract of marriage; it was to convey real property to a particular
(bb) That property acquired by a man and a person has actually conveyed it to him when
woman who are capacitated to marry each such presumption is necessary to perfect the
other and who live exclusively with each other title of such person or his successor in
as husband and wife without the benefit of interest;
marriage or under void marriage, has been (jj) That except for purposes of succession,
obtained by their joint efforts, work or industry. when two persons perish in the same
(cc) That in cases of cohabitation by a man calamity, such as wreck, battle, or
and a woman who are not capacitated to conflagration, and it is not shown who died
marry each other and who have acquire first, and there are no particular circumstances
properly through their actual joint contribution from which it can be inferred, the survivorship
of money, property or industry, such is determined from the probabilities resulting
contributions and their corresponding shares from the strength and the age of the sexes,
including joint deposits of money and according to the following rules:
evidences of credit are equal. 1. If both were under the age of fifteen
(dd) That if the marriage is terminated and the years, the older is deemed to have
mother contracted another marriage within survived;
three hundred days after such termination of 2. If both were above the age sixty,
the former marriage, these rules shall govern the younger is deemed to have
in the absence of proof to the contrary: survived;
(1) A child born before one hundred 3. If one is under fifteen and the other
eighty days after the solemnization of above sixty, the former is deemed to
the subsequent marriage is have survived;
considered to have been conceived 4. If both be over fifteen and under
during such marriage, even though it sixty, and the sex be different, the
be born within the three hundred days male is deemed to have survived, if
after the termination of the former the sex be the same, the older;
marriage. 5. If one be under fifteen or over sixty,
(2) A child born after one hundred and the other between those ages, the
eighty days following the celebration latter is deemed to have survived.
of the subsequent marriage is
considered to have been conceived (kk) That if there is a doubt, as between two or
during such marriage, even though it more persons who are called to succeed each
be born within the three hundred days other, as to which of them died first, whoever
after the termination of the former alleges the death of one prior to the other,
marriage. shall prove the same; in the absence of proof,
they shall be considered to have died at the
same time. (5a)
 issue would be presumed. But a witness must
Section 4. No presumption of legitimacy or answer to the fact of his previous final
illegitimacy. — There is no presumption of legitimacy conviction for an offense. (3a, 19a)
of a child born after three hundred days following the
dissolution of the marriage or the separation of the Section 4. Order in the examination of an individual
spouses. Whoever alleges the legitimacy or witness. — The order in which the individual witness
illegitimacy of such child must prove his allegation. (6) may be examined is as follows;
(a) Direct examination by the proponent;
(b) Cross-examination by the opponent;
RULE 132 (c) Re-direct examination by the proponent;
Presentation of Evidence (d) Re-cross-examination by the opponent. (4)

A. EXAMINATION OF WITNESSES Section 5. Direct examination. — Direct examination

Section 1. Examination to be done in open court. — is the examination-in-chief of a witness by the party
The examination of witnesses presented in a trial or presenting him on the facts relevant to the issue. (5a)
hearing shall be done in open court, and under oath
or affirmation. Unless the witness is incapacitated to Section 6. Cross-examination; its purpose and extent.
speak, or the questions calls for a different mode of — Upon the termination of the direct examination, the
answer, the answers of the witness shall be given witness may be cross-examined by the adverse party
orally. (1a) as to many matters stated in the direct examination,
or connected therewith, with sufficient fullness and
Section 2. Proceedings to be recorded. — The entire freedom to test his accuracy and truthfulness and
proceedings of a trial or hearing, including the freedom from interest or bias, or the reverse, and to
questions propounded to a witness and his answers elicit all important facts bearing upon the issue. (8a)
thereto, the statements made by the judge or any of
the parties, counsel, or witnesses with reference to Section 7. Re-direct examination; its purpose and
the case, shall be recorded by means of shorthand or extent. — After the cross-examination of the witness
stenotype or by other means of recording found has been concluded, he may be re-examined by the
suitable by the court. party calling him, to explain or supplement his
A transcript of the record of the proceedings made by answers given during the cross-examination. On re-
the official stenographer, stenotypist or recorder and direct-examination, questions on matters not dealt
certified as correct by him shall be deemed prima with during the cross-examination, may be allowed by
facie a correct statement of such proceedings. (2a) the court in its discretion. (12)

Section 3. Rights and obligations of a witness. — A Section 8. Re-cross-examination. — Upon the

witness must answer questions, although his answer conclusion of the re-direct examination, the adverse
may tend to establish a claim against him. However, it party may re-cross-examine the witness on matters
is the right of a witness: stated in his re-direct examination, and also on such
(1) To be protected from irrelevant, improper, other matters as may be allowed by the court in its
or insulting questions, and from harsh or discretion. (13)
insulting demeanor;
(2) Not to be detained longer than the Section 9. Recalling witness. — After the
interests of justice require; examination of a witness by both sides has been
(3) Not to be examined except only as to concluded, the witness cannot be recalled without
matters pertinent to the issue; leave of the court. The court will grant or withhold
(4) Not to give an answer which will tend to leave in its discretion, as the interests of justice may
subject him to a penalty for an offense unless require. (14)
otherwise provided by law; or
(5) Not to give an answer which will tend to Section 10. Leading and misleading questions. — A
degrade his reputation, unless it to be the very question which suggests to the witness the answer
fact at issue or to a fact from which the fact in
which the examining party desires is a leading impeached by evidence that he has made at other
question. It is not allowed, except: times statements inconsistent with his present
(a) On cross examination; testimony, the statements must be related to him, with
(b) On preliminary matters; the circumstances of the times and places and the
(c) When there is a difficulty is getting direct persons present, and he must be asked whether he
and intelligible answers from a witness who is made such statements, and if so, allowed to explain
ignorant, or a child of tender years, or is of them. If the statements be in writing they must be
feeble mind, or a deaf-mute; shown to the witness before any question is put to him
(d) Of an unwilling or hostile witness; or concerning them. (16)
(e) Of a witness who is an adverse party or an
officer, director, or managing agent of a public Section 14. Evidence of good character of
or private corporation or of a partnership or witness. — Evidence of the good character of a
association which is an adverse party. witness is not admissible until such character has
A misleading question is one which assumes as true a been impeached. (17)
fact not yet testified to by the witness, or contrary to
that which he has previously stated. It is not allowed. Section 15. Exclusion and separation of
(5a, 6a, and 8a) witnesses. — On any trial or hearing, the judge may
exclude from the court any witness not at the time
Section 11. Impeachment of adverse party's under examination, so that he may not hear the
witness. — A witness may be impeached by the party testimony of other witnesses. The judge may also
against whom he was called, by contradictory cause witnesses to be kept separate and to be
evidence, by evidence that his general reputation for prevented from conversing with one another until all
truth, honestly, or integrity is bad, or by evidence that shall have been examined. (18)
he has made at other times statements inconsistent
with his present, testimony, but not by evidence of Section 16. When witness may refer to
particular wrongful acts, except that it may be shown memorandum. — A witness may be allowed to
by the examination of the witness, or the record of the refresh his memory respecting a fact, by anything
judgment, that he has been convicted of an offense. written or recorded by himself or under his direction at
(15) the time when the fact occurred, or immediately
thereafter, or at any other time when the fact was
Section 12. Party may not impeach his own fresh in his memory and knew that the same was
witness. — Except with respect to witnesses referred correctly written or recorded; but in such case the
to in paragraphs (d) and (e) of Section 10, the party writing or record must be produced and may be
producing a witness is not allowed to impeach his inspected by the adverse party, who may, if he
credibility. chooses, cross examine the witness upon it, and may
A witness may be considered as unwilling or hostile read it in evidence. So, also, a witness may testify
only if so declared by the court upon adequate from such writing or record, though he retain no
showing of his adverse interest, unjustified reluctance recollection of the particular facts, if he is able to
to testify, or his having misled the party into calling swear that the writing or record correctly stated the
him to the witness stand. transaction when made; but such evidence must be
The unwilling or hostile witness so declared, or the received with caution. (10a)
witness who is an adverse party, may be impeached
by the party presenting him in all respects as if he had Section 17. When part of transaction, writing or
been called by the adverse party, except by evidence record given in evidence, the remainder, the
of his bad character. He may also be impeached and remainder admissible. — When part of an act,
cross-examined by the adverse party, but such cross- declaration, conversation, writing or record is given in
examination must only be on the subject matter of his evidence by one party, the whole of the same subject
examination-in-chief. (6a, 7a) may be inquired into by the other, and when a
detached act, declaration, conversation, writing or
Section 13. How witness impeached by evidence of record is given in evidence, any other act, declaration,
inconsistent statements. — Before a witness can be
conversation, writing or record necessary to its person. Evidence respecting the handwriting may also
understanding may also be given in evidence. (11a) be given by a comparison, made by the witness or the
court, with writings admitted or treated as genuine by
Section 18. Right to respect writing shown to the party against whom the evidence is offered, or
witness. — Whenever a writing is shown to a witness, proved to be genuine to the satisfaction of the judge.
it may be inspected by the adverse party. (9a) (23a)

B. AUTHENTICATION AND PROOF OF Section 23. Public documents as

DOCUMENTS evidence. — Documents consisting of entries in
Section 19. Classes of Documents. — For the public records made in the performance of a duty by a
purpose of their presentation evidence, documents public officer are prima facie evidence of the facts
are either public or private. therein stated. All other public documents are
Public documents are: evidence, even against a third person, of the fact
(a) The written official acts, or records of the which gave rise to their execution and of the date of
official acts of the sovereign authority, official the latter. (24a)
bodies and tribunals, and public officers,
whether of the Philippines, or of a foreign Section 24. Proof of official record. — The record of
country; public documents referred to in paragraph (a) of
(b) Documents acknowledge before a notary Section 19, when admissible for any purpose, may be
public except last wills and testaments; and evidenced by an official publication thereof or by a
(c) Public records, kept in the Philippines, of copy attested by the officer having the legal custody
private documents required by law to the of the record, or by his deputy, and accompanied, if
entered therein. the record is not kept in the Philippines, with a
All other writings are private. (20a) certificate that such officer has the custody. If the
office in which the record is kept is in foreign country,
Section 20. Proof of private document. — Before any the certificate may be made by a secretary of the
private document offered as authentic is received in embassy or legation, consul general, consul, vice
evidence, its due execution and authenticity must be consul, or consular agent or by any officer in the
proved either: foreign service of the Philippines stationed in the
(a) By anyone who saw the document foreign country in which the record is kept, and
executed or written; or authenticated by the seal of his office. (25a)
(b) By evidence of the genuineness of the
signature or handwriting of the maker. Section 25. What attestation of copy must
Any other private document need only be identified as state. — Whenever a copy of a document or record is
that which it is claimed to be. (21a) attested for the purpose of evidence, the attestation
must state, in substance, that the copy is a correct
Section 21. When evidence of authenticity of private copy of the original, or a specific part thereof, as the
document not necessary. — Where a private case may be. The attestation must be under the
document is more than thirty years old, is produced official seal of the attesting officer, if there be any, or if
from the custody in which it would naturally be found if he be the clerk of a court having a seal, under the
genuine, and is unblemished by any alterations or seal of such court. (26a)
circumstances of suspicion, no other evidence of its
authenticity need be given. (22a) Section 26. Irremovability of public record. — Any
public record, an official copy of which is admissible in
Section 22. How genuineness of handwriting proved. evidence, must not be removed from the office in
— The handwriting of a person may be proved by any which it is kept, except upon order of a court where
witness who believes it to be the handwriting of such the inspection of the record is essential to the just
person because he has seen the person write, or has determination of a pending case. (27a)
seen writing purporting to be his upon which the
witness has acted or been charged, and has thus Section 27. Public record of a private
acquired knowledge of the handwriting of such document. — An authorized public record of a private
document may be proved by the original record, or by Filipino. To avoid interruption of proceedings, parties
a copy thereof, attested by the legal custodian of the or their attorneys are directed to have such translation
record, with an appropriate certificate that such officer prepared before trial. (34a)
has the custody. (28a)
C. OFFER AND OBJECTION
Section 28. Proof of lack of record. — A written Section 34. Offer of evidence. — The court shall
statement signed by an officer having the custody of consider no evidence which has not been formally
an official record or by his deputy that after diligent offered. The purpose for which the evidence is offered
search no record or entry of a specified tenor is found must be specified. (35)
to exist in the records of his office, accompanied by a
certificate as above provided, is admissible as Section 35. When to make offer. — As regards the
evidence that the records of his office contain no such testimony of a witness, the offer must be made at the
record or entry. (29) time the witness is called to testify.
Documentary and object evidence shall be offered
Section 29. How judicial record impeached. — Any after the presentation of a party's testimonial
judicial record may be impeached by evidence of: (a) evidence. Such offer shall be done orally unless
want of jurisdiction in the court or judicial officer, (b) allowed by the court to be done in writing. (n)
collusion between the parties, or (c) fraud in the party
offering the record, in respect to the proceedings. Section 36. Objection. — Objection to evidence
(30a) offered orally must be made immediately after the
offer is made.
Section 30. Proof of notarial documents. — Every Objection to a question propounded in the course of
instrument duly acknowledged or proved and certified the oral examination of a witness shall be made as
as provided by law, may be presented in evidence soon as the grounds therefor shall become
without further proof, the certificate of reasonably apparent.
acknowledgment being prima facie evidence of the An offer of evidence in writing shall be objected to
execution of the instrument or document involved. within three (3) days after notice of the unless a
(31a) different period is allowed by the court.
In any case, the grounds for the objections must be
Section 31. Alteration in document, how to specified. (36a)
explain. — The party producing a document as
genuine which has been altered and appears to have Section 37. When repetition of objection
been altered after its execution, in a part material to unnecessary. — When it becomes reasonably
the question in dispute, must account for the apparent in the course of the examination of a witness
alteration. He may show that the alteration was made that the question being propounded are of the same
by another, without his concurrence, or was made class as those to which objection has been made,
with the consent of the parties affected by it, or was whether such objection was sustained or overruled, it
otherwise properly or innocent made, or that the shall not be necessary to repeat the objection, it being
alteration did not change the meaning or language of sufficient for the adverse party to record his continuing
the instrument. If he fails to do that, the document objection to such class of questions. (37a)
shall not be admissible in evidence. (32a)
Section 38. Ruling. — The ruling of the court must be
Section 32. Seal. — There shall be no difference given immediately after the objection is made, unless
between sealed and unsealed private documents the court desires to take a reasonable time to inform
insofar as their admissibility as evidence is itself on the question presented; but the ruling shall
concerned. (33a) always be made during the trial and at such time as
will give the party against whom it is made an
Section 33. Documentary evidence in an unofficial opportunity to meet the situation presented by the
language. — Documents written in an unofficial ruling.
language shall not be admitted as evidence, unless The reason for sustaining or overruling an objection
accompanied with a translation into English or need not be stated. However, if the objection is based
on two or more grounds, a ruling sustaining the required, or that degree of proof which produces
objection on one or some of them must specify the conviction in an unprejudiced mind. (2a)
ground or grounds relied upon. (38a)
Section 3. Extrajudicial confession, not sufficient
Section 39. Striking out answer. — Should a witness ground for conviction. — An extrajudicial confession
answer the question before the adverse party had the made by an accused, shall not be sufficient ground for
opportunity to voice fully its objection to the same, and conviction, unless corroborated by evidence of corpus
such objection is found to be meritorious, the court delicti. (3)
shall sustain the objection and order the answer given
to be stricken off the record. Section 4. Circumstantial evidence, when
On proper motion, the court may also order the sufficient. — Circumstantial evidence is sufficient for
striking out of answers which are incompetent, conviction if:
irrelevant, or otherwise improper. (n) (a) There is more than one circumstances;
(b) The facts from which the inferences are
Section 40. Tender of excluded evidence. — If derived are proven; and
documents or things offered in evidence are excluded (c) The combination of all the circumstances is
by the court, the offeror may have the same attached such as to produce a conviction beyond
to or made part of the record. If the evidence excluded reasonable doubt. (5)
is oral, the offeror may state for the record the name
and other personal circumstances of the witness and Section 5. Substantial evidence. — In cases filed
the substance of the proposed testimony. (n) before administrative or quasi-judicial bodies, a fact
may be deemed established if it is supported by
substantial evidence, or that amount of relevant
evidence which a reasonable mind might accept as
RULE 133 adequate to justify a conclusion. (n)
Weight and Sufficiency of Evidence
Section 6. Power of the court to stop further
Section 1. Preponderance of evidence, how evidence. — The court may stop the introduction of
determined. — In civil cases, the party having burden further testimony upon any particular point when the
of proof must establish his case by a preponderance evidence upon it is already so full that more witnesses
of evidence. In determining where the preponderance to the same point cannot be reasonably expected to
or superior weight of evidence on the issues involved be additionally persuasive. But this power should be
lies, the court may consider all the facts and exercised with caution. (6)
circumstances of the case, the witnesses' manner of
testifying, their intelligence, their means and Section 7. Evidence on motion. — When a motion is
opportunity of knowing the facts to which there are based on facts not appearing of record the court may
testifying, the nature of the facts to which they testify, hear the matter on affidavits or depositions presented
the probability or improbability of their testimony, their by the respective parties, but the court may direct that
interest or want of interest, and also their personal the matter be heard wholly or partly on oral testimony
credibility so far as the same may legitimately appear or depositions. (7)
upon the trial. The court may also consider the
number of witnesses, though the preponderance is
not necessarily with the greater number. (1a) RULE 134
Perpetuation of Testimony
Section 2. Proof beyond reasonable doubt. — In a
criminal case, the accused is entitled to an acquittal, Section 1. Petition. — A person who desires to
unless his guilt is shown beyond reasonable doubt. perpetuate his own testimony or that of another
Proof beyond reasonable doubt does not mean such person regarding any matter that may be cognizable
a degree of proof, excluding possibility of error, in any court of the Philippines, any file a verified
produces absolute certainly. Moral certainly only is petition in the court of the province of the residence of
any expected adverse party.
 accordance with the provisions of Sections 4 and 5 of
Section 2. Contents of petition. — The petition shall Rule 24.
be entitled in the name of the petitioner and shall
show: (a) that the petitioner expects to be a party to Section 7. Depositions pending appeal. — If an
an action in a court of the Philippines by is presently appeal has been taken from a judgment of the
unable to bring it or cause it to be brought; (b) the Regional Trial Court or before the taking of an appeal
subject matter of the expected action and his interest if the time therefor has not expired, the Regional Trial
therein; (c) the facts which he desires to establish by Court in which the judgment was rendered may allow
the proposed testimony and his reasons for desiring the taking of depositions of witnesses to perpetuate
to perpetuate it; (d) the names of a description of the their testimony for use in the event of further
persons he expects will be adverse parties and their proceedings in the said court. In such case the party
addresses so far as known; and (e) the names and who desires to perpetuate the testimony may make a
addresses of the persons to be examined and the motion in the said Regional Trial Court for leave to
substance of the testimony which he expects to elicit take the depositions, upon the same notice and
from each, and shall ask for an order authorizing the service thereof as if the action was pending therein.
petitioner to take the depositions of the persons to be The motion shall show (a) the name and the
examined named in the petition for the purpose of addresses of the persons to be examined and the
perpetuating their testimony. substance of the testimony which he expects to elicit
from each; and (b) the reason for perpetuating their
Section 3. Notice and service. — The petitioner shall testimony. If the court finds that the perpetuation of
thereafter serve a notice upon each person named in the testimony is proper to avoid a failure or delay of
the petition as an expected adverse party, together justice, it may make an order allowing the depositions
with a copy of a petition, stating that the petitioner will to be taken, and thereupon the depositions may be
apply to the court, at a time and place named therein, taken and used in the same manner and under the
for the order described in the petition. At least twenty same conditions as are prescribed in these rules for
(20) days before the date of hearing the notice shall depositions taken in actions pending in the Regional
be served in the manner provided for service of Trial Court. (7a)
summons.

Section 4. Order of examination. — If the court is

satisfied that the perpetuation of the testimony may
prevent a failure or delay of justice, it shall make an
order designating or describing the persons whose
deposition may 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 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