A.M. No.

19-08-15-SC legislative, executive and judicial departments of the National Government of

the Philippines, the laws of nature, the measure of time, and the geographical
2019 PROPOSED AMENDMENTS TO THE REVISED RULES ON
divisions. (1a)
EVIDENCE
Section 2. Judicial notice, when discretionary. - A court may take judicial notice
RULE 128
of matters which are of public knowledge, or are capable of unquestionable
GENERAL PROVISIONS
demonstration, or ought to be known to judges because of their judicial
Section 1. Evidence defined. - Evidence is the means, sanctioned by these rules, functions.
of ascertaining in a judicial proceeding the truth respecting a matter of fact. (1)
Section 3. Judicial notice, when hearing necessary. - During the pre-trial and the
Section 2. Scope. - The rules of evidence shall be the same in all courts and in trial, the court, motu proprio or upon motion, shall hear the parties on the
all trials and hearings, except as otherwise provided by law or these rules. (2) propriety of taking judicial notice of any matter.
Section 3. Admissibility of evidence. - Evidence is admissible when it is relevant Before judgment or on appeal, the court, motu proprio or upon motion, may take
to the issue and not excluded by the Constitution, the law or these Rules. (3a) judicial notice of any matter and shall hear the parties thereon if such matter is
Section 4. Relevancy; collateral matters. - Evidence must have such a relation to decisive of a material issue in the case. (3a)
the fact in issue as to induce belief in its existence or non-existence. Evidence on Section 4. Judicial admissions. - An admission, oral or written, made by the
collateral matters shall not be allowed, except when it tends in any reasonable party in the course of the proceedings in the same case, does not require proof.
degree to establish the probability or improbability of the fact in issue. (4) The admission may be contradicted only by showing that it was made through
RULE 129 palpable mistake or that the imputed admission was not, in fact, made. (4a)
WHAT NEED NOT BE PROVED RULE 130
Section 1. Judicial notice, when mandatory. - A court shall take judicial notice, RULES OF ADMISSIBILITY
without the introduction of evidence, of the existence and territorial extent of A. OBJECT (REAL) EVIDENCE
states, their political history, forms of government and symbols of nationality,
Section 1. Object as evidence. - Objects as evidence are those addressed to the
the law of nations, the admiralty and maritime courts of the world and their
senses of the court. When an object is relevant to the fact in issue, it may be
seals, the political constitution and history of the Philippines, official acts of the
exhibited to, examined or viewed by the court. (1)
B. DOCUMENTARY EVIDENCE (e) When the original is not closely-related to a controlling issue. (3a)

Section 2. Documentary evidence. - Documents as evidence consist of Section 4. Original of document. —

writings, recordings, photographs or any material containing letters, words,
(a) An "original" of a document is the document itself or any counterpart
sounds, numbers, figures, symbols, or their equivalent, or other modes of written
intended to have the same effect by a person executing or issuing it. An
expression offered as proof of their contents. Photographs include still pictures,
"original" of a photograph includes the negative or any print therefrom.
drawings, stored images, x-ray films, motion pictures or videos. (2a)
If data is stored in a computer or similar device, any printout or other
1. Original Document Rule output readable by sight or other means, shown to reflect the data
accurately, is an "original."
Section 3. Original document must be produced; exceptions. - When the subject
of inquiry is the contents of a document, writing, recording, photograph or other (b) A "duplicate" is a counterpart produced by the same impression as
record, no evidence is admissible other than the original document itself, except the original, or from the same matrix, or by means of photography,
in the following cases: including enlargements and miniatures, or by mechanical or electronic
re-recording, or by chemical reproduction, or by other equivalent
(a) When the original is lost or destroyed, or cannot be produced in
techniques which accurately reproduce the original.
court, without bad faith on the part of the offeror;
(c) A duplicate is admissible to the same extent as an original unless (1)
(b) When the original is in the custody or under the control of the party
a genuine question is raised as to the authenticity of the original, or (2)
against whom the evidence is offered, and the latter fails to produce it
in the circumstances, it is unjust or inequitable to admit the duplicate in
after reasonable notice, or the original cannot be obtained by local
lieu of the original. (4a)
judicial processes or procedures;
2. Secondary Evidence
(c) When the original consists of numerous accounts or other documents
which cannot be examined in court without great loss of time and the Section 5. When original document is unavailable. - When the original
fact sought to be established from them is only the general result of the document has been lost or destroyed, or cannot be produced in court, the offeror,
whole; upon proof of its execution or existence and the cause of its unavailability
without bad faith on his or her part, may prove its contents by a copy, or by
(d) When the original is a public record in the custody of a public officer
or is recorded in a public office; and
recital of its contents in some authentic document, or by the testimony of Section 10. Evidence of written agreements. — When the terms of an agreement
witnesses in the order stated. (5a) have been reduced to writing, it is considered as containing all the terms agreed
upon and there can be, as between the parties and their successors in interest, no
Section 6. When original document is in adverse party's custody or control. - If
evidence of such terms other than the contents of the written agreement.
the document is in the custody or under the control of the adverse party, he or
she must have reasonable notice to produce it. If after such notice and after However, a party may present evidence to modify, explain or add to the terms of
satisfactory proof of its existence, he or she fails to produce the document, the written agreement if he or she puts in issue in a verified pleading:
secondary evidence may be presented as in the case of its loss. (6a)
(a) An intrinsic ambiguity, mistake or imperfection in the written
Section 7. Summaries. - When the contents of documents, records, photographs, agreement;
or numerous accounts are voluminous and cannot be examined in court without
(b) The failure of the written agreement to express the true intent and
great loss of time, and the fact sought to be established is only the general result
agreement of the parties thereto;
of the whole, the contents of such evidence may be presented in the form of a
chart, summary, or calculation. (c) The validity of the written agreement; or

The originals shall be available for examination or copying, or both, by the (d) The existence of other terms agreed to by the parties or their

adverse party at a reasonable time and place. The court may order that they be successors in interest after the execution of the written agreement.

produced in court. (n) The term "agreement" includes wills. (9a)

Section 8. Evidence admissible when original document is a public record. — 4. Interpretation of Documents
When the original of a document is in the custody of a public officer or is
Section 11. Interpretation of a writing according to its legal meaning. — The
recorded in a public office, its contents may be proved by a certified copy issued
language of a writing is to be interpreted according to the legal meaning it bears
by the public officer in custody thereof. (7)
in the place of its execution, unless the parties intended otherwise. (10)
Section 9. Party who calls for document not bound to offer it. — A party who
Section 12. Instrument construed so as to give effect to all provisions. — In the
calls for the production of a document and inspects the same is not obliged to
construction of an instrument, where there are several provisions or particulars,
offer it as evidence. (8)
such a construction is, if possible, to be adopted as will give effect to all. (11)
3. Parol Evidence Rule
Section 13. Interpretation according to intention; general and particular Section 18. Of two constructions, which preferred. — When the terms of an
provisions. — In the construction of an instrument, the intention of the parties is agreement have been intended in a different sense by the different parties to it,
to be pursued; and when a general and a particular provision are inconsistent, the that sense is to prevail against either party in which he or she supposed the other
latter is paramount to the former. So a particular intent will control a general one understood it, and when different constructions of a provision are otherwise
that is inconsistent with it. (12) equally proper, that is to be taken which is the most favorable to the party in
whose favor the provision was made. (17a)
Section 14. Interpretation according to circumstances. — For the proper
construction of an instrument, the circumstances under which it was made, Section 19. Construction in favor of natural right. — When an instrument is
including the situation of the subject thereof and of the parties to it, may be equally susceptible of two interpretations, one in favor of natural right and the
shown, so that the judge may be placed in the position of those whose language other against it, the former is to be adopted. (18)
he or she is to interpret. (13a)
Section 20. Interpretation according to usage. — An instrument may be
Section 15. Peculiar signification of terms. — The terms of a writing are construed according to usage, in order to determine its true character. (19)
presumed to have been used in their primary and general acceptation, but
C. TESTIMONIAL EVIDENCE
evidence is admissible to show that they have a local, technical, or otherwise
peculiar signification, and were so used and understood in the particular 1. Qualification of Witnesses

instance, in which case the agreement must be construed accordingly. (14) Section 21. Witnesses; their qualifications. - All persons who can perceive, and

Section 16. Written words control printed. — When an instrument consists perceiving, can make known their perception to others, may be witnesses. (20a)

partly of written words and partly of a printed form, and the two are inconsistent, Religious or political belief, interest in the outcome of the case, or conviction of
the former controls the latter. (15) a crime, unless otherwise provided by law, shall not be a ground for

Section 17. Experts and interpreters to be used in explaining certain disqualification.(20)

writings. — When the characters in which an instrument is written are difficult [Section 21. Disqualification by reason of mental incapacity or immaturity.
to be deciphered, or the language is not understood by the court, the evidence of (Deleted)]
persons skilled in deciphering the characters, or who understand the language, is
admissible to declare the characters or the meaning of the language. (16)
Section 22. Testimony confined to personal knowledge. - A witness can testify concerning any fact the knowledge of which has been acquired in such
only to those facts which he or she knows of his or her personal knowledge; that capacity, except in the following cases
is, which are derived from his or her own perception. (36a)
(i) Furtherance of crime or fraud. If the services or advice of the
Section 23. Disqualification by reason of marriage. - During their marriage, the lawyer were sought or obtained to enable or aid anyone to
husband or the wife cannot testify against the other without the consent of the commit or plan to commit what the client knew or reasonably
affected spouse, except in a civil case by one against the other, or in a criminal should have known to be a crime or fraud;
case for a crime committed by one against the other or the latter's direct
(ii) Claimants through same deceased client. As to a
descendants or ascendants. (22a)
communication relevant to an issue between parties who claim
Section 24. Disqualification by reason of privileged communications. - The through the same deceased client, regardless of whether the
following persons cannot testify as to matters learned in confidence in the claims are by testate or intestate or by inter vivos transaction;
following cases:
(iii) Breach of duty by lawyer or client. As to a communication
(a) The husband or the wife, during or after the marriage, cannot be relevant to an issue of breach of duty by the lawyer to his or her
examined without the consent of the other as to any communication client, or by the client to his or her lawyer;
received in confidence by one from the other during the marriage except
(iv) Document attested by the lawyer. As to a communication
in a civil case by one against the other, or in a criminal case for a crime
relevant to an issue concerning an attested document to which
committed by one against the other or the latter's direct descendants or
the lawyer is an attesting witness; or
ascendants.
(v) Joint clients. As to a communication relevant to a matter of
(b) An attorney or person reasonably believed bv the client to be
common interest between two or more clients if the
licensed to engage in the practice of law cannot, without the consent
communication was made by any of them to a lawyer retained or
of the client, be examined as to any communication made by the client
consulted in common, when offered in an action between any of
to him or her, or his or her advice given thereon in the course of, or with
the clients, unless they have expressly agreed otherwise.
a view to, professional employment, nor can an attorney's secretary,
stenographer, or clerk, or other persons assisting the attorney be (c) A physician, psychotherapist or person reasonably believed by the

examined without the consent of the client and his or her employer, patient to be authorized to practice medicine or psychotherapy cannot in
 a civil case, without the consent of the patient, be examined as to any provided that the original parties to the communication took reasonable
confidential communication made for the purpose of diagnosis or precaution to protect its confidentiality. (24a)
treatment of the patient's physical, mental or emotional condition,
2. Testimonial Privilege
including alcohol or drug addiction, between the patient and his or her
physician or psychotherapist. This privilege also applies to persons, Section 25. Parental and filial privilege. - No person shall be compelled to

including members of the patient's family, who have participated in the testify against his or her parents, other direct ascendants, children or other direct

diagnosis or treatment of the patient under the direction of the physician descendants, except when such testimony is indispensable in a crime against that

or psychotherapist. person or by one parent against the other. (25a)

A "psychotherapist" is: Section 26. Privilege relating to trade secrets. - A person cannot be compelled to
testify about any trade secret, unless the non-disclosure will conceal fraud or
(a) A person licensed to practice medicine engaged in the diagnosis or
otherwise work injustice. When disclosure is directed, the court shall take such
treatment of a mental or emotional condition, or
protective measure as the interest of the owner of the trade secret and of the
(b) A person licensed as a psychologist by the government while parties and the furtherance of justice may require. (n)
similarly engaged.
3. Admissions and Confessions
(d) A minister, priest or person reasonably believed to be so cannot,
Section 27. Admission of a party. — The act, declaration or omission of a party
without the consent of the affected person, be examined as to any
as to a relevant fact may be given in evidence against him or her. (26a)
communication or confession made to or any advice given by him or
her, in his or her professional character, in the course of discipline Section 28. Offer of compromise not admissible. - In civil cases, an offer of

enjoined by the church to which the minister or priest belongs. compromise is not an admission of any liability, and is not admissible in
evidence against the offeror. Neither is evidence of conduct nor statements made
(e) A public officer cannot be examined during or after his or her
in compromise negotiations admissible, except evidence otherwise discoverable
tenure as to communications made to him or her in official confidence,
or offered for another purpose, such as proving bias or prejudice of a witness,
when the court finds that the public interest would suffer by the
negativing a contention of undue delay, or proving an effort to obstruct a
disclosure. The communication shall remain privileged, even in the
criminal investigation or prosecution.
hands of a third person who may have obtained the information,
In criminal cases, except those involving quasi-offenses (criminal negligence) or against the co-conspirator after the conspiracy is shown by evidence other than
those allowed by law to be compromised, an offer of compromise by the accused such act of declaration. (30a)
may be received in evidence as an implied admission of guilt.
Section 32. Admission by privies. - Where one derives title to property from
A plea of guilty later withdrawn or an unaccepted offer of a plea of guilty to a another, the latter's act, declaration, or omission, in relation to the property, is
lesser offense is not admissible in evidence against the accused who made the evidence against the former if done while the latter was holding the title. (31a)
plea or offer. Neither is any statement made in the course of plea bargaining with
Section 33. Admission by silence. - An act or declaration made in the presence
the prosecution, which does not result in a plea of guilty or which results in a
and within the hearing or observation of a party who does or says nothing when
plea of guilty later withdrawn, admissible.
the act or declaration is such as naturally to call for action or comment if not
An offer to pay, or the payment of medical, hospital or other expenses true, and when proper and possible for him or her to do so, may be given in
occasioned by an injury, is not admissible in evidence as proof of civil or evidence against him or her. (32a)
criminal liability for the injury. (27a)
Section 34. Confession. - The declaration of an accused acknowledging his or
Section 29. Admission by third party. - The rights of a party cannot be her guilt of the offense charged, or of any offense necessarily included therein,
prejudiced by an act, declaration, or omission of another, except as hereinafter may be given in evidence against him or her. (33a)
provided. (28)
4. Previous Conduct As Evidence
Section 30. Admission by co-partner or agent. - The act or declaration of a
Section 35. Similar acts as evidence. - Evidence that one did or did not do a
partner or agent authorized by the party to make a statement concerning the
certain thing at one time is not admissible to prove that he or she did or did not
subject, or within the scope of his or her authority, and during the existence of
do the same or similar thing at another time; but it may be received to prove a
the partnership or agency, may be given in evidence against such party after the
specific intent or knowledge, identity, plan, system, scheme, habit, custom or
partnership or agency is shown by evidence other than such act or declaration.
usage, and the like. (34a)
The same rule applies to the act or declaration of a joint owner, joint debtor, or
other person jointly interested with the party. (29a) Section 36. Unaccepted offer. - An offer in writing to pay a particular sum of
money or to deliver a written instrument or specific personal property is, if
Section 31. Admission by conspirator. - The act or declaration of a conspirator in
rejected without valid cause, equivalent to the actual production and tender of
furtherance of the conspiracy and during its existence may be given in evidence
the money, instrument, or property. (35)
[Sec. 36. Testimony generally confined to personal knowledge; hearsay person, or against a person of unsound mind, upon a claim or demand against the
excluded. (Transposed to Sec. 22. Testimony confined to personal knowledge.)] estate of such deceased person or against such person of unsound mind, where a
party or assignor of a party or a person in whose behalf a case is prosecuted
5. Hearsay
testifies on a matter of fact occurring before the death of the deceased person or
Section 37. Hearsay. -Hearsay is a statement other than one made by the before the person became of unsound mind, any statement of the deceased or the
declarant while testifying at a trial or hearing, offered to prove the truth of the person of unsound mind, may be received in evidence if the statement was made
facts asserted therein. A statement is (1) an oral or written assertion or (2) a non- upon the personal knowledge of the deceased or the person of unsound mind at a
verbal conduct of a person, if it is intended by him or her as an assertion. time when the matter had been recently perceived by him or her and while his or
Hearsay evidence is inadmissible except as otherwise provided in these Rules. her recollection was clear. Such statement, however, is inadmissible if made
A statement is not hearsay if the declarant testifies at the trial or hearing and is under circumstances indicating its lack of trustworthiness. (23a)
subject to cross-examination concerning the statement, and the statement is (a) Section 40. Declaration against interest. — The declaration made by a person
inconsistent with the declarant's testimony, and was given under oath subject to deceased or unable to testify against the interest of the declarant, if the fact
the penalty of perjury at a trial, hearing, or other proceeding, or in a deposition; asserted in the declaration was at the time it was made so far contrary
(b) consistent with the declarant's testimony and is offered to rebut an express or to the declarant's own interest that a reasonable person in his or her position
implied charge against the declarant of recent fabrication or improper influence would not have made the declaration unless he or she believed it to be true, may
or motive; or (c) one of identification of a person made after perceiving him or be received in evidence against himself or herself or his or her successors in
her. (n) interest and against third persons. A statement tending to expose the declarant to
6. Exceptions To The Hearsay Rule criminal liability and offered to exculpate the accused is not admissible unless
corroborating circumstances clearly indicate the trustworthiness of the
Section 38. Dying declaration. - The declaration of a dying person, made under
statement. (38a)
the consciousness of an impending death, may be received in any case wherein
his or her death is the subject of inquiry, as evidence of the cause and Section 41. Act or declaration about pedigree. - The act or declaration of a
surrounding circumstances of such death. (37a) person deceased or unable to testify, in respect to the pedigree of another person
related to him or her by birth, adoption, or marriage or, in the absence thereof,
Section 39. Statement of decedent or person of unsound mind. - In an
with whose family he or she was so intimately associated as to be likely to have
action against an executor or administrator or other representative of a deceased
accurate information concerning his or her pedigree, may be received in
evidence where it occurred before the controversy, and the relationship between also, statements accompanying an equivocal act material to the issue, and giving
the two persons is shown by evidence other than such act or declaration. The it a legal significance, may be received as part of the res gestae. (42a)
word "pedigree" includes relationship, family genealogy, birth, marriage, death,
Section 45. Records of regularly conducted business activity. - A memorandum,
the dates when and the places where these facts occurred, and the names of the
report, record or data compilation of acts, events, conditions, opinions, or
relatives. It embraces also facts of family history intimately connected with
diagnoses, made by writing, typing, electronic, optical or other similar means at
pedigree. (39a)
or near the time of or from transmission or supply of information by a person
Section 42. Family reputation or tradition regarding pedigree. — The reputation with knowledge thereof, and kept in the regular course or conduct of a business
or tradition existing in a family previous to the controversy, in respect to the activity, and such was the regular practice to make the memorandum, report,
pedigree of any one of its members, may be received in evidence if the witness record, or data compilation by electronic, optical or similar means, all of which
testifying thereon be also a member of the family, either by consanguinity, are shown by the testimony of the custodian or other qualified witnesses, is
affinity, or adoption. Entries in family bibles or other family books or charts, excepted from the rule on hearsay evidence. (43a)
engraving on rings, family portraits and the like, may be received as evidence of
Section 46. Entries in official records. - Entries in official records made in the
pedigree. (40a)
performance of his or her duty by a public officer of the Philippines, or by a
Section 43. Common reputation. — Common reputation existing previous to the person in the performance of a duty specially enjoined by law, are prima
controversy, as to boundaries of or customs affecting lands in the community facie evidence of the facts therein stated. (44a)
and reputation as to events of general history important to the community, or
Section 47. Commercial lists and the like. -Evidence of statements of matters of
respecting marriage or moral character, may be given in evidence. Monuments
interest to persons engaged in an occupation contained in a list, register,
and inscriptions in public places may be received as evidence of common
periodical, or other published compilation is admissible as tending to prove the
reputation. (41a)
truth of any relevant matter so stated if that compilation is published for use by
Section 44. Part of the res gestae. — Statements made by a person while a persons engaged in that occupation and is generally used and relied upon by
startling occurrence is taking place or immediately prior or subsequent them therein. (45)
thereto, under the stress of excitement caused by the occurrence with respect to
Section 48. Learned treatises. — A published treatise, periodical or pamphlet on
the circumstances thereof, may be given in evidence as part of the res gestae. So,
a subject of history, law, science, or art is admissible as tending to prove the
truth of a matter stated therein if the court takes judicial notice, or a witness
expert in the subject testifies, that the writer of the statement in the treatise, Section 51. General rule. - The opinion of a witness is not admissible, except as
periodical or pamphlet is recognized in his or her profession or calling as expert indicated in the following sections. (48)
in the subject. (46a)
Section 52. Opinion of expert witness. - The opinion of a witness on a matter
Section 49. Testimony or deposition at a former proceeding. - The testimony or requiring special knowledge, skill, experience, training or education, which he or
deposition of a witness deceased or out of the Philippines or who cannot, with she is shown to possess, may be received in evidence. (49a)
due diligence, be found therein, or is unavailable or otherwise unable to
Section 53. Opinion of ordinary witnesses. - The opinion of a witness, for which
testify, given in a former case or proceeding, judicial or administrative,
proper basis is given, may be received in evidence regarding -
involving the same parties and subject matter, may be given in evidence against
the adverse party who had the opportunity to cross-examine him or her. (47a) (a) The identity of a person about whom he or she has adequate
knowledge;
Section 50. Residual exception. - A statement not specifically covered by any of
the foregoing exceptions, having equivalent circumstantial guarantees of (b) A handwriting with which he or she has sufficient familiarity; and

trustworthiness, is admissible if the court determines that (a) the statement is (c) The mental sanity of a person with whom he or she is sufficiently
offered as evidence of a material fact; (b) the statement is more probative on the acquainted.
point for which it is offered than any other evidence which the proponent can
The witness may also testify on his or her impressions of the emotion, behavior,
procure through reasonable efforts; and (c) the general purposes of these rules
condition or appearance of a person. (50a)
and the interests of justice will be best served bv admission of the statement into
evidence. However, a statement may not be admitted under this exception unless 8. Character Evidence
the proponent makes known to the adverse party, sufficiently in advance of the Section 54. Character evidence not generally admissible;
hearing, or by the pre-trial stage in the case of a trial of the main case, to provide exceptions. — Evidence of a person's character or a trait of character is not
the adverse party with a fair opportunity to prepare to meet it, the proponent's admissible for the purpose of proving action in conformity therewith on a
intention to offer the statement and the particulars of it. including the name and particular occasion, except:
address of the declarant. (n)
(a) In Criminal Cases:
7. Opinion Rule
 (1) The character of the offended party may be proved if it tends Section 1. Burden of proof and burden of evidence. - Burden of proof is the duty
to establish in any reasonable degree the probability, or of a party to present evidence on the facts in issue necessary to establish his or
improbability of the offense charged. her claim or defense by the amount of evidence required by law. Burden of proof
never shifts.
(2) The accused may prove his or her good moral character,
pertinent to the moral trait involved in the offense Burden of evidence is the duty of a party to present evidence sufficient to
charged.ℒαwρhi ৷ However, the prosecution may not prove establish or rebut a fact in issue to establish a prima facie case. Burden of
his or her bad moral character unless on rebuttal. evidence may shift from one party to the other in the course of the proceedings,
depending on the exigencies of the case. (1a)
(b) In Civil Cases:
Section 2. Conclusive presumptions. - The following are instances of conclusive
Evidence of the moral character of a party in a civil case is admissible
presumptions:
only when pertinent to the issue of character involved in the case.
(a) Whenever a party has, by his or her own declaration, act, or
(c) In Criminal and Civil Cases:
omission, intentionally and deliberately led another to believe a
Evidence of the good character of a witness is not admissible until such particular thing true, and to act upon such belief, he or she cannot, in any
character has been impeached. litigation arising out of such declaration, act or omission, be permitted to
In all cases in which evidence of character or a trait of character of a person is falsify it; and
admissible, proof may be made by testimony as to reputation or by testimony in (b) The tenant is not permitted to deny the title of his or her landlord at
the form of an opinion. On cross-examination, inquiry is allowable into relevant the time of the commencement of the relation of landlord and tenant
specific instances of conduct. between them. (2a)
In cases in which character or a trait of character of a person is an essential Section 3. Disputable presumptions. — The following presumptions are
element of a charge, claim or defense, proof may also be made of specific satisfactory if uncontradicted, but may be contradicted and overcome by other
instances of that person's conduct. (51a; 14, Rule 132) evidence:
RULE 131 (a) That a person is innocent of crime or wrong;
BURDEN OF PROOF, BURDEN OF EVIDENCE AND PRESUMPTIONS
(b) That an unlawful act was done with an unlawful intent;
(c) That a person intends the ordinary consequences of his or (o) That all the matters within an issue raised in a case were laid before
her voluntary act; the court and passed upon by it; and in like manner that all matters
within an issue raised in a dispute submitted for arbitration were laid
(d) That a person takes ordinary care of his or her concerns;
before the arbitrators and passed upon by them;
(e) That evidence willfully suppressed would be adverse if produced;
(p) That private transactions have been fair and regular;
(f) That money paid by one to another was due to the latter;
(q) That the ordinary course of business has been followed;
(g) That a thing delivered by one to another belonged to the latter;
(r) That there was a sufficient consideration for a contract;
(h) That an obligation delivered up to the debtor has been paid;
(s) That a negotiable instrument was given or indorsed for a sufficient
(i) That prior rents or installments had been paid when a receipt for the consideration;
later one is produced;
(t) That an indorsement of a negotiable instrument was made before the
(j) That a person found in possession of a thing taken in the doing of a instrument was overdue and at the place where the instrument is dated;
recent wrongful act is the taker and the doer of the whole act; otherwise,
(u) That a writing is truly dated;
that things which a person possesses, or exercises acts of ownership
over, are owned by him or her; (v) That a letter duly directed and mailed was received in the regular
course of the mail;
(k) That a person in possession of an order on himself or herself for the
payment of the money, or the delivery of anything, has paid the money (w) That after an absence of seven years, it being unknown whether or
or delivered the thing accordingly; not the absentee still lives, he or she is considered dead for all purposes,
except for those of succession.
(l) That a person acting in a public office was regularly appointed or
elected to it; The absentee shall not be considered dead for the purpose of opening
his or her succession until after an absence often years. If he or
(m) That official duty has been regularly performed;
she disappeared after the age of seventy-five years, an absence of five
(n) That a court, or judge acting as such, whether in the Philippines or years shall be sufficient in order that his or her succession may be
elsewhere, was acting in the lawful exercise of jurisdiction; opened.
The following shall be considered dead for all purposes including the (y) That things have happened according to the ordinary course of nature
division of the estate among the heirs: and ordinary habits of life;

(1) A person on board a vessel lost during a sea voyage, or an (z) That persons acting as copartners have entered into a contract of co-
aircraft which is missing, who has not been heard of for four partnership;
years since the loss of the vessel or aircraft;
(aa) That a man and woman deporting themselves as husband and wife
(2) A member of the armed forces who has taken part in armed have entered into a lawful contract of marriage;
hostilities, and has been missing for four years;
(bb) That property acquired by a man and a woman who are capacitated
(3) A person who has been in danger of death under other to marry each other and who live exclusively with each other as husband
circumstances and whose existence has not been known for four and wife, without the benefit of marriage or under a void marriage, has
years; and been obtained by their joint efforts, work or industry;

(4) If a married person has been absent for four consecutive (cc) That in cases of cohabitation by a man and a woman who are not
years, the spouse present may contract a subsequent marriage if capacitated to marry each other and who have acquired property through
he or she has a well-founded belief that the absent spouse is their actual joint contribution of money, property or industry, such
already dead. In case of disappearance, where there is a danger contributions and their corresponding shares, including joint deposits of
of death, the circumstances hereinabove provided, an absence of money and evidences of credit, are equal;
only two years shall be sufficient for the purpose of contracting
(dd) That if the marriage is terminated and the mother contracted another
a subsequent marriage. However, in any case, before marrying
marriage within three hundred days after such termination of the former
again, the spouse present must institute summary proceedings as
marriage, these rules shall govern in the absence of proof to the contrary:
provided in the Family Code and in the rules for declaration of
presumptive death of the absentee, without prejudice to the (1) A child born before one hundred eighty (180) days after the

effect of reappearance of the absent spouse; solemnization of the subsequent marriage is considered to have
been conceived during such marriage, even though it be born
(x) That acquiescence resulted from a belief that the thing acquiesced in
within the three hundred days after the termination of the former
was conformable to the law or fact;
marriage; and
 (2) A child born after one hundred eighty (180) days following 1. If both were under the age of fifteen years, the older is
the celebration of the subsequent marriage is considered to have deemed to have survived;
been conceived during such marriage, even though it be born
2. If both were above the age of sixty, the younger is deemed to
within the three hundred days after the termination of the former
have survived;
marriage;
3. If one is under fifteen and the other above sixty, the former is
(ee) That a thing once proved to exist continues as long as is usual with
deemed to have survived;
things of that nature;
4. If both be over fifteen and under sixty, and the sex be
(ff) That the law has been obeyed;
different, the male is deemed to have survived, if the sex be the
(gg) That a printed or published book, purporting to be printed or same, the older; and
published by public authority, was so printed or published;
5. If one be under fifteen or over sixty, and the other between
(hh) That a printed or published book, purporting to contain reports of those ages, the latter is deemed to have survived;
cases adjudged in tribunals of the country where the book is published,
(kk) That if there is a doubt, as between two or more persons who are
contains correct reports of such cases;
called to succeed each other, as to which of them died first, whoever
(ii) That a trustee or other person whose duty it was to convey real alleges the death of one prior to the other, shall prove the same; in the
property to a particular person has actually conveyed it to him or absence of proof, they shall be considered to have died at the same time.
her when such presumption is necessary to perfect the title of such (3a)
person or his or her successor in interest;
Section 4. No presumption of legitimacy or illegitimacy. - There is no
(jj) That except for purposes of succession, when two persons perish in presumption of legitimacy or illegitimacy of a child born after three hundred
the same calamity, such as wreck, battle, or conflagration, and it is not days following the dissolution of the marriage or the separation of the spouses.
shown who died first, and there are no particular circumstances from Whoever alleges the legitimacy or illegitimacy of such child must prove his or
which it can be inferred, the survivorship is determined from the her allegation. (4a)
probabilities resulting from the strength and the age of the sexes,
Section 5. Presumptions in civil actions and proceedings. — In all civil actions
according to the following rules:
and proceedings not otherwise provided for by the law or these Rules, a
presumption imposes on the party against whom it is directed the burden of A transcript of the record of the proceedings made by the official stenographer,
going forward with evidence to rebut or meet the presumption. stenotypist or recorder and certified as correct by him or her, shall be
deemed prima facie a correct statement of such proceedings. (2a)
If presumptions are inconsistent, the presumption that is founded upon weightier
considerations of policy shall apply. If considerations of policy are of equal Section 3. Rights and obligations of a witness. — A witness must answer
weight, neither presumption applies. (n) questions, although his or her answer may tend to establish a claim against
him or her. However, it is the right of a witness:
Section 6. Presumption against an accused in criminal cases. - If a presumed fact
that establishes guilt, is an element of the offense charged, or negates a defense, (1) To be protected from irrelevant, improper, or insulting questions, and
the existence of the basic fact must be proved beyond reasonable doubt and the from harsh or insulting demeanor;
presumed fact follows from the basic fact beyond reasonable doubt. (n)
(2) Not to be detained longer than the interests of justice require;
RULE 132
(3) Not to be examined except only as to matters pertinent to the issue;
PRESENTATION OF EVIDENCE
(4) Not to give an answer which will tend to subject him or her to a
A. EXAMINATION OF WITNESSES
penalty for an offense unless otherwise provided by law; or
Section 1. Examination to be done in open court. - The examination of witnesses
(5) Not to give an answer which will tend to degrade his or
presented in a trial or hearing shall be done in open court, and under oath or
her reputation, unless it be to the very fact at issue or to a fact from
affirmation. Unless the witness is incapacitated to speak, or the question calls for
which the fact in issue would be presumed. But a witness must answer to
a different mode of answer, the answers of the witness shall be given orally. (1)
the fact of his or her previous final conviction for an offense. (3a)
Section 2. Proceedings to be recorded. - The entire proceedings of a trial or
Section 4. Order in the examination of an individual witness. - The order in
hearing, including the questions propounded to a witness and his or her answers
which an individual witness may be examined is as follows:
thereto, and the statements made by the judge or any of the parties, counsel, or
witnesses with reference to the case, shall be recorded by means of shorthand or (a) Direct examination by the proponent;

stenotype or by other means of recording found suitable by the court. (b) Cross-examination by the opponent;

(c) Re-direct examination by the proponent;

 (d) Re-cross examination by the opponent. (4) Section 10. Leading and misleading questions. - A question which suggests to
the witness the answer which the examining party desires is a leading question.
Section 5. Direct examination. - Direct examination is the examination-in-chief
It is not allowed, except:
of a witness by the party presenting him or her on the facts relevant to the issue.
(5a) (a) On cross-examination;

Section 6. Cross-examination; its purpose and extent. - Upon the termination of (b) On preliminary matters;
the direct examination, the witness may be cross-examined by the adverse
(c) When there is difficulty in getting direct and intelligible answers
party on any relevant matter, with sufficient fullness and freedom to test his or
from a witness who is ignorant, a child of tender years, is of feeble mind,
her accuracy and truthfulness and freedom from interest or bias, or the reverse,
or a deaf-mute;
and to elicit all important facts bearing upon the issue. (6a)
(d) Of an unwilling or hostile witness; or
Section 7. Re-direct examination; its purpose and extent. - After the cross-
examination of the witness has been concluded, he or she may be re-examined (e) Of a witness who is an adverse party or an officer, director, or

by the party calling him or her to explain or supplement his or her answers given managing agent of a public or private corporation, or of a partnership or

during the cross-examination. On re-direct examination, questions on matters not association which is an adverse party.

dealt with during the cross-examination may be allowed by the court in its A misleading question is one which assumes as true a fact not yet testified to by
discretion. (7a) the witness, or contrary to that which he or she has previously stated. It is not

Section 8. Re-cross examination. - Upon the conclusion of the re-direct allowed. (10a)

examination, the adverse party may re-cross-examine the witness on matters Section 11. Impeachment of adverse party's witness. - A witness may be
stated in his or her re-direct examination, and also on such other matters as may impeached by the party against whom he or she was called, by contradictory
be allowed by the court in its discretion. (8a) evidence, by evidence that his or her general reputation for truth, honesty, or

Section 9. Recalling witness. - After the examination of a witness by both sides integrity is bad, or by evidence that he or she has made at other times statements

has been concluded, the witness cannot be recalled without leave of the court. inconsistent with his or her present testimony, but not by evidence of particular

The court will grant or withhold leave in its discretion, as the interests of justice wrongful acts, except that it may be shown by the examination of the witness, or

may require. (9) record of the judgment, that he or she has been convicted of an offense. (11a)
Section 12. Impeachment by evidence of conviction of crime. - For the purpose times statements inconsistent with his or her present testimony, the statements
of impeaching a witness, evidence that he or she has been convicted by final must be related to him or her, with the circumstances of the times and places and
judgment of a crime shall be admitted if (a) the crime was punishable by a the persons present, and he or she must be asked whether he or she made such
penalty in excess of one year; or (b) the crime involved moral turpitude, statements, and if so, allowed to explain them. If the statements be in writing,
regardless of the penalty. they must be shown to the witness before any question is put to him or
her concerning them. (13a)
However, evidence of a conviction is not admissible if the conviction has been
the subject of an amnesty or annulment of the conviction. (n) [Sec. 14. Evidence of good character of witness. - (Incorporated in Section 54,
Rule 130)]
Section 13. Party may not impeach his or her own witness. - Except with
respect to witnesses referred to in paragraphs (d) and (e) of Section 10  of this Section 15. Exclusion and separation of witnesses. - The court, motu proprio or
Rule, the party presenting the witness is not allowed to impeach his or upon motion, shall order witnesses excluded so that they cannot hear the
her credibility. testimony of other witnesses. This rule does not authorize exclusion of (a) a
party who is a natural person, (b) a duly designated representative of a juridical
A witness may be considered as unwilling or hostile only if so declared by the
entity which is a party to the case, (c) a person whose presence is essential to the
court upon adequate showing of his or her adverse interest, unjustified
presentation of the party's cause, or (d) a person authorized by a statute to be
reluctance to testify, or his or her having misled the party into calling him or her
present.
to the witness stand.
The court may also cause witnesses to be kept separate and to be prevented from
The unwilling or hostile witness so declared, or the witness who is an adverse
conversing with one another, directly or through intermediaries, until all shall
party, may be impeached by the party presenting him or her in all respects as if
have been examined. (15a)
he or she had been called by the adverse party, except by evidence of his or
her bad character. He or she may also be impeached and cross-examined by the Section 16. When witness may refer to memorandum. - A witness may be
adverse party, but such cross-examination must only be on the subject matter of allowed to refresh his or her memory respecting a fact by anything written or
his or her examination-in-chief. (12a) recorded by himself or herself, or under his or her direction, at the time when the
fact occurred, or immediately thereafter, or at any other time when the fact was
Section 14. How witness impeached by evidence of inconsistent statements. —
fresh in his or her memory and he or she knew that the same was correctly
Before a witness can be impeached by evidence that he or she has made at other
written or recorded; but in such case, the writing or record must be produced and
may be inspected by the adverse party, who may, if he or she chooses, cross- (b) Documents acknowledged before a notary public except last wills
examine the witness upon it and may read it in evidence. A witness may also and testaments;
testify from such a writing or record, though he or she retains no recollection of
(c) Documents that are considered public documents under treaties and
the particular facts, if he or she is able to swear that the writing or record
conventions which are in force between the Philippines and the country
correctly stated the transaction when made; but such evidence must be received
of source; and
with caution. (16a)
(d) Public records, kept in the Philippines, of private documents required
Section 17. When part of transaction, writing or record given in evidence, the
by law to be entered therein.
remainder admissible. - When part of an act, declaration, conversation, writing
or record is given in evidence by one party, the whole of the same subject may All other writings are private. (19a)

be inquired into by the other, and when a detached act, declaration, conversation, Section 20. Proof of private documents. - Before any private document offered
writing or record is given in evidence, any other act, declaration, conversation, as authentic is received in evidence, its due execution and authenticity must be
writing or record necessary to its understanding may also be given in evidence. proved by any of the following means:
(17)
(a) By anyone who saw the document executed or written;
Section 18. Right to inspect writing shown to witness. - Whenever a writing is
(b) By evidence of the genuineness of the signature or handwriting of
shown to a witness, it may be inspected by the adverse party. (18)
the maker; or
B. AUTHENTICATION AND PROOF OF DOCUMENTS
(c) By other evidence showing its due execution and authenticity.
Section 19. Classes of documents. - For the purpose of their presentation in
Any other private document need only be identified as that which it is claimed to
evidence, documents are either public or private.
be. (20)
Public documents are:
Section 21. When evidence of authenticity of private document not necessary. -
(a) The written official acts, or records of the sovereign authority, Where a private document is more than thirty (30) years old, is produced from a
official bodies and tribunals, and public officers, whether of the custody in which it would naturally be found if genuine, and is unblemished by
Philippines, or of a foreign country; any alterations or circumstances of suspicion, no other evidence of its
authenticity need be given. (21)
Section 22. How genuineness of handwriting proved. - The handwriting of a the form prescribed by such treaty or convention subject to reciprocity granted to
person may be proved by any witness who believes it to be the handwriting of public documents originating from the Philippines.
such person because he or she has seen the person write, or has seen writing
For documents originating from a foreign country which is not a contracting
purporting to be his or hers upon which the witness has acted or been charged,
party to a treaty or convention referred to in the next preceding sentence, the
and has thus acquired knowledge of the handwriting of such person. Evidence
certificate may be made by a secretary of the embassy or legation, consul
respecting the handwriting may also be given by a comparison, made by the
general, consul, vice-consul, or consular agent or by any officer in the foreign
witness or the court, with writings admitted or treated as genuine by the party
service of the Philippines stationed in the foreign country in which the record is
against whom the evidence is offered, or proved to be genuine to the satisfaction
kept, and authenticated by the seal of his or her office.
of the judge. (22)
A document that is accompanied by a certificate or its equivalent may be
Section 23. Public documents as evidence. - Documents consisting of entries in
presented in evidence without further proof, the certificate or its equivalent
public records made in the performance of a duty by a public officer are prima
being prima facie evidence of the due execution and genuineness of the
facie evidence of the facts therein stated. All other public documents are
document involved. The certificate shall not be required when a treaty or
evidence, even against a third person, of the fact which gave rise to their
convention between a foreign country and the Philippines has abolished the
execution and of the date of the latter. (23)
requirement, or has exempted the document itself from this formality. (24a)
Section 24. Proof of official record. - The record of public documents referred to
Section 25. What attestation of copy must state. - Whenever a copy of a
in paragraph (a) of Section 19, when admissible for any purpose, may be
document or record is attested for the purpose of evidence, the attestation must
evidenced by an official publication thereof or by a copy attested by the officer
state, in substance, that the copy is a correct copy of the original, or a specific
having the legal custody of the record, or by his or her deputy, and accompanied,
part thereof, as the case may be. The attestation must be under the official seal of
if the record is not kept in the Philippines, with a certificate that such officer has
the attesting officer, if there be any, or if he or she be the clerk of a court having
the custody.
a seal, under the seal of such court. (25 a)
If the office in which the record is kept is in a foreign country, which is a
Section 26. Irremovability of public record. - Any public record, an official copy
contracting party to a treaty or convention to which the Philippines is also a
of which is admissible in evidence, must not be removed from the office in
party, or considered a public document under such treaty or convention pursuant
which it is kept, except upon order of a court where the inspection of the record
to paragraph (c) of Section 19 hereof, the certificate or its equivalent shall be in
is essential to the just determination of a pending case. (26)
Section 27. Public record of a private document. - An authorized public record the alteration. He or she may show that the alteration was made by another,
of a private document may be proved by the original record, or by a copy without his or her concurrence, or was made with the consent of the parties
thereof, attested by the legal custodian of the record, with an appropriate affected by it, or was otherwise properly or innocently made, or that the
certificate that such officer has the custody. (27) alteration did not change the meaning or language of the instrument. If he or
she fails to do that, the document shall not be admissible in evidence. (31a)
Section 28. Proof of lack of record. - A written statement signed by an officer
having the custody of an official record or by his or her deputy that, after Section 32. Seal. - There shall be no difference between sealed and unsealed
diligent search, no record or entry of a specified tenor is found to exist in the private documents insofar as their admissibility as evidence is concerned. (32)
records of his or her office, accompanied by a certificate as above provided, is
Section 33. Documentary evidence in an unofficial language. - Documents
admissible as evidence that the records of his or her office contain no such
written in an unofficial language shall not be admitted as evidence, unless
record or entry. (28a)
accompanied with a translation into English or Filipino. To avoid interruption of
Section 29. How judicial record impeached. - Any judicial record may be proceedings, parties or their attorneys are directed to have such translation
impeached by evidence of: prepared before trial. (33)

(a) want of jurisdiction in the court or judicial officer; C. OFFER AND OBJECTION

(b) collusion between the parties; or Section 34. Offer of evidence. - The court shall consider no evidence which has
not been formally offered. The purpose for which the evidence is offered must
(c) fraud in the party offering the record, in respect to the proceedings.
be specified. (34)
(29)
Section 35. When to make offer. - All evidence must be offered orally.
Section 30. Proof of notarial documents. - Every instrument duly acknowledged
or proved and certified as provided by law, may be presented in evidence The offer of the testimony of a witness in evidence must be made at the time the
without further proof, the certificate of acknowledgment being prima witness is called to testify. The offer of documentary and object evidence shall
facie evidence of the execution of the instrument or document involved. (30) be made after the presentation of a party's testimonial evidence. (35a)

Section 31. Alteration in document, how to explain. - The party producing a Section 36. Objection. - Objection to offer of evidence must be
document as genuine which has been altered and appears to have been altered made orally immediately after the offer is made.
after its execution, in a part material to the question in dispute, must account for
Objection to the testimony of a witness for lack of a formal offer must be made or where a witness testifies without a question being posed or testifies beyond
as soon as the witness begins to testify. Objection to a question propounded in limits set by the court, or when the witness does a narration instead of answering
the course of the oral examination of a witness must be made as soon as the the question, and such objection is found to be meritorious, the court shall
grounds therefor become reasonably apparent. sustain the objection and order such answer, testimony or narration to be stricken
off the record.
The grounds for the objections must be specified. (36a)
On proper motion, the court may also order the striking out of answers which are
Section 37. When repetition of objection unnecessary. - When it becomes
incompetent, irrelevant, or otherwise improper.ℒαwρhi ৷ (39a)
reasonably apparent in the course of the examination of a witness that the
questions being propounded are of the same class as those to which objection Section 40. Tender of excluded evidence. - If documents or things offered in
has been made, whether such objection was sustained or overruled, it shall not evidence are excluded by the court, the offeror may have the same attached to or
be necessary to repeat the objection, it being sufficient for the adverse party to made part of the record. If the evidence excluded is oral, the offeror may state
record his or her continuing objection to such class of questions. (37a) for the record the name and other personal circumstances of the witness and the
substance of the proposed testimony. (40)
Section 38. Ruling. - The ruling of the court must be given immediately after the
objection is made, unless the court desires to take a reasonable time to inform RULE 133
itself on the question presented; but the ruling shall always be made during the WEIGHT AND SUFFICIENCY OF EVIDENCE
trial and at such time as will give the party against whom it is made an
Section 1. Preponderance of evidence, how determined. - In civil cases, the
opportunity to meet the situation presented by the ruling.
party having the burden of proof must establish his or her case by a
The reason for sustaining or overruling an objection need not be stated. preponderance of evidence. In determining where the preponderance or superior
However, if the objection is based on two or more grounds, a ruling sustaining weight of evidence on the issues involved lies, the court may consider all the
the objection on one or some of them must specify the ground or grounds relied facts and circumstances of the case, the witnesses' manner of testifying, their
upon. (38) intelligence, their means and opportunity of knowing the facts to which they are
testifying, the nature of the facts to which they testify, the probability or
Section 39. Striking out of answer. - Should a witness answer the question
improbability of their testimony, their interest or want of interest, and also their
before the adverse party had the opportunity to voice fully its objection to the
personal credibility so far as the same may legitimately appear upon the trial.
same, or where a question is not objectionable, but the answer is not responsive,
The court may also consider the number of witnesses, though the preponderance (a) Whether the opinion is based upon sufficient facts or data;
is not necessarily with the greater number. (1a)
(b) Whether it is the product of reliable principles and methods;
Section 2. Proof beyond reasonable doubt. - In a criminal case, the accused is
(c) Whether the witness has applied the principles and methods reliably
entitled to an acquittal, unless his or her guilt is shown beyond reasonable doubt.
to the facts of the case; and
Proof beyond reasonable doubt does not mean such a degree of proof as,
excluding possibility of error, produces absolute certainty. Moral certainty only (d) Such other factors as the court may deem helpful to make such

is required, or that degree of proof which produces conviction in an unprejudiced determination. (n)

mind. (2a) Section 6. Substantial evidence. - In cases filed before administrative or quasi-

Section 3. Extrajudicial confession, not sufficient ground for conviction. - An judicial bodies, a fact may be deemed established if it is supported by substantial

extrajudicial confession made by an accused shall not be sufficient ground for evidence, or that amount of relevant evidence which a reasonable mind might

conviction, unless corroborated by evidence of corpus delicti. (3) accept as adequate to justify a conclusion. (5)

Section 4. Circumstantial evidence, when sufficient. - Circumstantial evidence is Section 7. Power of the court to stop further evidence. — The court may stop

sufficient for conviction if: the introduction of further testimony upon any particular point when the
evidence upon it is already so full that more witnesses to the same point cannot
(a) There is more than one circumstance;
be reasonably expected to be additionally persuasive. This power shall be
(b) The facts from which the inferences are derived are proven; and exercised with caution. (6a)

(c) The combination of all the circumstances is such as to produce a Section 8. Evidence on motion. - When a motion is based on facts not appearing
conviction beyond reasonable doubt. of record, the court may hear the matter on affidavits or depositions presented by
the respective parties, but the court may direct that the matter be heard wholly or
Inferences cannot be based on other inferences. (4a)
partly on oral testimony or depositions. (7)
Section 5. Weight to be given opinion of expert witness, how determined. - In
any case where the opinion of an expert witness is received in evidence, the
court has a wide latitude of discretion in determining the weight to be given to
such opinion, and for that purpose may consider the following: