AMENDMENTS TO THE REVISED REVISED RULES ON EVIDENCE

RULES ON EVIDENCE

RULE 128 RULE 128

General Provisions General Provisions

Section 1. Evidence defined. — Evidence is Section 1. Evidence defined. — Evidence is

the means, sanctioned by these rules, of the means, sanctioned by these rules, of
ascertaining in a judicial proceeding the ascertaining in a judicial proceeding the
truth respecting a matter of fact. (1) truth respecting a matter of fact. (1)

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

Section 3. Admissibility of evidence. — Section 3. Admissibility of evidence. —

Evidence is admissible when it is relevant Evidence is admissible when it is relevant to
to the issue and is not excluded by the the issue and is not excluded by the law of
Constitution, the law or these rules. (3a) these rules. (3a)

Section 4. Relevancy; collateral matters. Section 4. Relevancy; collateral matters. —

— Evidence must have such a relation to Evidence must have such a relation to the
the fact in issue as to induce belief in its fact in issue as to induce belief in its
existence or non-existence. Evidence on existence or non-existence. Evidence on
collateral matters shall not be allowed, collateral matters shall not be allowed,
except when it tends in any reasonable except when it tends in any reasonable
degree to establish the probability or degree to establish the probability or
improbability of the fact in issue. (4) improbability of the fact in issue. (4a)

RULE 129 RULE 129

What Need Not Be Proved What Need Not Be Proved
Section 1. Judicial notice, when Section 1. Judicial notice, when mandatory.
mandatory. — A court shall take judicial — A court shall take judicial notice, without
notice, without the introduction of the introduction of evidence, of the
evidence, of the existence and territorial existence and territorial extent of states,
extent of states, their political history, their political history, forms of government
forms of government and symbols of and symbols of nationality, the law of
nationality, the law of nations, the nations, the admiralty and maritime courts
admiralty and maritime courts of the world of the world and their seals, the political
and their seals, the political constitution constitution and history of the Philippines,
and history of the Philippines, the official the official acts of legislative, executive and
acts of legislative, executive and judicial judicial departments of the Philippines, the
departments of the National Government of laws of nature, the measure of time, and the
the Philippines, the laws of nature, the geographical divisions. (1a)
measure of time, and the geographical
divisions. (1a)

Section 2. Judicial notice, when Section 2. Judicial notice, when

discretionary. — A court may take judicial discretionary. — A court may take judicial
notice of matters which are of public notice of matters which are of public
knowledge, or are capable to knowledge, or are capable to
unquestionable demonstration, or ought to unquestionable demonstration, or ought to
be known to judges because of their judicial be known to judges because of their judicial
functions. (2) functions. (1a)

Section 3. Judicial notice, when hearing Section 3. Judicial notice, when hearing
necessary. — During the pre-trial and the necessary. — During the trial, the court, on
trial, the court, moto proprio or upon its own initiative, or on request of a party,
motion shall hear the parties on the may announce its intention to take judicial
propriety of taking judicial notice of any notice of any matter and allow the parties to
matter. be heard thereon.

Before judgment or on appeal, the court, After the trial, and before judgment or on
moto proprio or upon motion, may take appeal, the proper court, on its own
judicial notice of any matter and shall hear initiative or on request of a party, may take
the parties thereon if such matter is judicial notice of any matter and allow the
decisive of a material issue in the case. (3a) parties to be heard thereon if such matter is
decisive of a material issue in the case. (n)

Section 4. Judicial admissions. — An Section 4. Judicial admissions. — An

admission, oral or written, made by the admission, verbal or written, made by the
party in the course of the proceedings in party in the course of the proceedings in the
the same case, does not require proof. The same case, does not require proof. The
admission may be contradicted only by admission may be contradicted only by
showing that it was made through palpable showing that it was made through palpable
mistake or that the imputed admission was mistake or that no such admission was
not, in fact, made. (4a) made. (2a)

RULE 130 RULE 130

 Rules of Admissibility Rules of Admissibility

A. OBJECT (REAL) EVIDENCE A. OBJECT (REAL) EVIDENCE

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

B. DOCUMENTARY EVIDENCE B. DOCUMENTARY EVIDENCE

Section 2. Documentary evidence. — Section 2. Documentary evidence. —

Documents as evidence consist of writings, Documents as evidence consist of writing or
recordings, photographs, or any material any material containing letters, words,
containing letters, words, numbers, figures, numbers, figures, symbols or other modes
symbols or their equivalent or other modes of written expression offered as proof of
of written expression offered as proof of their contents. (n)
their contents. Photograph include still
pictures, drawings, stored images, x-ray
films, motion pictures or videos. (2a)

1. Original Document Rule 1. Best Evidence Rule

Section 3. Original document must be Section 3. Original document must be

produced; exceptions. — When the subject produced; exceptions. — When the subject
of inquiry is the contents of a document, of inquiry is the contents of a document, no
writing, recording, photograph, or other evidence shall be admissible other than the
record no evidence is admissible other than original document itself, except in the
the original document itself, except in the following cases:
following cases:

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

(b) When the original is in the (b) When the original is in the
custody or under the control of custody or under the control of
the party against whom the the party against whom the
evidence is offered, and the evidence is offered, and the
latter fails to produce it after latter fails to produce it after
reasonable notice or the original reasonable notice;
cannot be obtained by local
judicial processes or procedures;
(c) When the original consists of
numerous accounts or other
(c) When the original consists of documents which cannot be
numerous accounts or other examined in court without great
documents which cannot be loss of time and the fact sought
examined in court without great to be established from them is
loss of time and the fact sought only the general result of the
to be established from them is whole; and
only the general result of the
whole; and (d) When the original is a public
 record in the custody of a public
(d) When the original is a public officer or is recorded in a public
record in the custody of a public office. (2a)
officer or is recorded in a public
office.

(e) When the original is not

closely-related to a controlling
issue. (3a)

Section 4. Original of document.- Section 4. Original of document. —

(a) An “original” of a document is the (a)The original of the document is one

document itself or any counterpart the contents of which are the subject
intended to have the same effect by a of inquiry.
person executing or issuing it. An
“original” of a photograph includes (b)When a document is in two or more
the negative or any print therefrom. If copies executed at or about the same
data is stored in a computer o similar time, with identical contents, all such
device, any printout or other output copies are equally regarded as
readable by sight or other means, originals.
shown to reflect the data accurately,
an “original.” (c) When an entry is repeated in the
regular course of business, one being
(b) A “duplicate” is a counterpart copied from another at or near the
produced by the same impression as time of the transaction, all the entries
the original, or from the same matrix, are likewise equally regarded as
or by means of photography, originals. (3a)
 including enlargements and
miniatures, or by mechanical or
electronic re-recording, or by
chemical reproduction, or by other
equivalent techniques which
accurately reproduce the original

(c) A duplicate is admissible to the

same extent as an original unless (1)
a genuine question is raised as to the
authenticity of the original or (2) in
the circumstances, it is unjust or
inequitable to admit the duplicate in
lieu of the original. (4a)

2. Secondary Evidence 2. Secondary Evidence

Section 5. When original document is Section 5. When original document is

unavailable. — When the original document unavailable. — When the original document
has been lost or destroyed, or cannot be has been lost or destroyed, or cannot be
produced in court, the offeror, upon proof of produced in court, the offeror, upon proof of
its execution or existence and the cause of its execution or existence and the cause of
its unavailability without bad faith on his or its unavailability without bad faith on his
her part, may prove its contents by a copy, part, may prove its contents by a copy, or
or by a recital of its contents in some by a recital of its contents in some authentic
authentic document, or by the testimony of document, or by the testimony of witnesses
witnesses in the order stated. (5a) in the order stated. (4a)
Section 6. When original document is in Section 6. When original document is in
adverse party's custody or control. — If the adverse party's custody or control. — If the
document is in the custody or under the document is in the custody or under the
control of adverse party, he must have control of adverse party, he must have
reasonable notice to produce it. If after reasonable notice to produce it. If after such
such notice and after satisfactory proof of notice and after satisfactory proof of its
its existence, he or she fails to produce the existence, he fails to produce the document,
document, secondary evidence may be secondary evidence may be presented as in
presented as in the case of its loss. (5a) the case of its loss. (5a)

Section 7. Summaries. – When the

contents of the documents, records,
photographs or numerous accounts are
voluminous and cannot be examined in
court without great loss of time, and the
fact sought to be established is only the
general results of the whole, the contents of
such evidence may be presented in the
form of chart, summary, or calculation.

The originals shall be available for

examination or copying, or both, by the
adverse party at a reasonable time and
place. The court may order that they be
produced in court.
Section 8. Evidence admissible when Section 7. Evidence admissible when
original document is a public record. — original document is a public record. —
When the original of document is in the When the original of document is in the
custody of public officer or is recorded in a custody of public officer or is recorded in a
public office, its contents may be proved by public office, its contents may be proved by
a certified copy issued by the public officer a certified copy issued by the public officer
in custody thereof. (7) in custody thereof. (2a)

Section 9. Party who calls for document Section 8. Party who calls for document
not bound to offer it. — A party who calls not bound to offer it. — A party who calls for
for the production of a document and the production of a document and inspects
inspects the same is not obliged to offer it the same is not obliged to offer it as
as evidence. (8) evidence. (6a)

3. Parol Evidence Rule 3. Parol Evidence Rule

Section 10. Evidence of written Section 9. Evidence of written agreements.

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

However, a party may present evidence to However, a party may present evidence to
modify, explain or add to the terms of modify, explain or add to the terms of
written agreement if he or she puts in issue written agreement if he puts in issue in his
in a verified pleading: pleading:
 (a) An intrinsic ambiguity, mistake or (a) An intrinsic ambiguity, mistake or
imperfection in the written imperfection in the written agreement;
agreement;
(b) The failure of the written
(b) The failure of the written agreement agreement to express the true intent
to express the true intent and and agreement of the parties thereto;
agreement of the parties thereto;

(c) The validity of the written

(c) The validity of the written agreement; or
agreement; or
(d) The existence of other terms
(d) The existence of other terms agreed agreed to by the parties or their
to by the parties or their successors successors in interest after the
in interest after the execution of the execution of the written agreement.
written agreement.
The term "agreement" includes wills. (7a)
The term "agreement" includes wills. (9a)

4. Interpretation Of Documents 4. Interpretation Of Documents

Section 11. Interpretation of a writing Section 10. Interpretation of a writing

according to its legal meaning. — The according to its legal meaning. — The
language of a writing is to be interpreted language of a writing is to be interpreted
according to the legal meaning it bears in according to the legal meaning it bears in
the place of its execution, unless the the place of its execution, unless the parties
parties intended otherwise. (10) intended otherwise. (8)
Section 12. Instrument construed so as to Section 11. Instrument construed so as to
give effect to all provisions. — In the give effect to all provisions. — In the
construction of an instrument, where there construction of an instrument, where there
are several provisions or particulars, such a are several provisions or particulars, such a
construction is, if possible, to be adopted as construction is, if possible, to be adopted as
will give effect to all. (11) will give effect to all. (9)

Section 13. Interpretation according to Section 12. Interpretation according to

intention; general and particular provisions. intention; general and particular provisions.
— In the construction of an instrument, the — In the construction of an instrument, the
intention of the parties is to be pursued; intention of the parties is to be pursued; and
and when a general and a particular when a general and a particular provision
provision are inconsistent, the latter is are inconsistent, the latter is paramount to
paramount to the former. So a particular the former. So a particular intent will control
intent will control a general one that is a general one that is inconsistent with it.
inconsistent with it. (12) (10)

Section 14. Interpretation according to Section 13. Interpretation according to

circumstances. — For the proper circumstances. — For the proper
construction of an instrument, the construction of an instrument, the
circumstances under which it was made, circumstances under which it was made,
including the situation of the subject including the situation of the subject thereof
thereof and of the parties to it, may be and of the parties to it, may be shown, so
shown, so that the judge may be placed in that the judge may be placed in the position
the position of those who language he or of those who language he is to interpret.
she is to interpret. (13) (11)
Section 15. Peculiar signification of terms. Section 14. Peculiar signification of terms.
— The terms of a writing are presumed to — The terms of a writing are presumed to
have been used in their primary and have been used in their primary and general
general acceptation, but evidence is acceptation, but evidence is admissible to
admissible to show that they have a local, show that they have a local, technical, or
technical, or otherwise peculiar otherwise peculiar signification, and were so
signification, and were so used and used and understood in the particular
understood in the particular instance, in instance, in which case the agreement must
which case the agreement must be be construed accordingly. (12)
construed accordingly. (14)

Section 16. Written words control printed. Section 15. Written words control printed.
— When an instrument consists partly of — When an instrument consists partly of
written words and partly of a printed form, written words and partly of a printed form,
and the two are inconsistent, the former and the two are inconsistent, the former
controls the latter. (15) controls the latter. (13)

Section 17. Experts and interpreters to be Section 16. Experts and interpreters to be

used in explaining certain writings. — When used in explaining certain writings. — When
the characters in which an instrument is the characters in which an instrument is
written are difficult to be deciphered, or the written are difficult to be deciphered, or the
language is not understood by the court, language is not understood by the court, the
the evidence of persons skilled in evidence of persons skilled in deciphering
deciphering the characters, or who the characters, or who understand the
understand the language, is admissible to language, is admissible to declare the
declare the characters or the meaning of characters or the meaning of the language.
the language. (16) (14)
Section 18. Of Two constructions, which Section 17. Of Two constructions, which
preferred. — When the terms of an preferred. — When the terms of an
agreement have been intended in a agreement have been intended in a
different sense by the different parties to it, different sense by the different parties to it,
that sense is to prevail against either party that sense is to prevail against either party
in which he or she supposed the other in which he supposed the other understood
understood it, and when different it, and when different constructions of a
constructions of a provision are otherwise provision are otherwise equally proper, that
equally proper, that is to be taken which is is to be taken which is the most favorable to
the most favorable to the party in whose the party in whose favor the provision was
favor the provision was made. (15 made. (15)

Section 19. Construction in favor of Section 18. Construction in favor of natural

natural right. — When an instrument is right. — When an instrument is equally
equally susceptible of two interpretations, susceptible of two interpretations, one in
one in favor of natural right and the other favor of natural right and the other against
against it, the former is to be adopted. (18) it, the former is to be adopted. (16)

Section 20.Interpretation according to Section 19. Interpretation according to

usage. — An instrument may be construed usage. — An instrument may be construed
according to usage, in order to determine according to usage, in order to determine its
its true character. (19) true character. (17)

C. TESTIMONIAL EVIDENCE C. TESTIMONIAL EVIDENCE

1. Qualification of Witnesses 1. Qualification of Witnesses

Section 21. Witnesses; their qualifications. Section 20. Witnesses; their qualifications.
— Except as provided in the next — Except as provided in the next
succeeding section, all persons who can succeeding section, all persons who can
perceive, and perceiving, can make their perceive, and perceiving, can make their
known perception to others, may be known perception to others, may be
witnesses. witnesses.

Religious or political belief, interest in the Religious or political belief, interest in the
outcome of the case, or conviction of a outcome of the case, or conviction of a
crime unless otherwise provided by law, crime unless otherwise provided by law,
shall not be ground for disqualification. (20) shall not be ground for disqualification.
(18a)

Section 21. Disqualification by reason of

mental incapacity or immaturity. — The
following persons cannot be witnesses:

(a) Those whose mental condition, at

the time of their production for
examination, is such that they are
incapable of intelligently making
known their perception to others;

(b) Children whose mental maturity is

such as to render them incapable of
perceiving the facts respecting which
they are examined and of relating
them truthfully. (19a)
Section 22. Testimony generally confined Section 36. Testimony generally confined
to personal knowledge; hearsay excluded. to personal knowledge; hearsay excluded.
— A witness can testify only to those facts — A witness can testify only to those facts
which he or she knows of his or her which he knows of his personal knowledge;
personal knowledge; that is, which are that is, which are derived from his own
derived from his or her own perception, perception, except as otherwise provided in
except as otherwise provided in these rules. these rules. (30a)
(36a)

Section 23. Disqualification by reason Section 22. Disqualification by reason

of marriage. — During their marriage, of marriage. — During their marriage,
neither the husband or the wife cannot neither the husband nor the wife may testify
testify for or against the other without the for or against the other without the consent
consent of the affected spouse, except in a of the affected spouse, except in a civil case
civil case by one against the other, or in a by one against the other, or in a criminal
criminal case for a crime committed by one case for a crime committed by one against
against the other or the latter's direct the other or the latter's direct descendants
descendants or ascendants. (22a) or ascendants. (20a)

Section 24. Disqualification by reason of Section 24. Disqualification by reason of

privileged communication. — The following privileged communication. — The following
persons cannot testify as to matters persons cannot testify as to matters learned
learned in confidence in the following in confidence in the following cases:
cases:
(a) The husband or the wife, during
(a) The husband or the wife, during or after the marriage, cannot be
or after the marriage, cannot be examined without the consent of the
 examined without the consent of the other as to any communication
other as to any communication received in confidence by one from the
received in confidence by one from other during the marriage except in a
the other during the marriage except civil case by one against the other, or
in a civil case by one against the in a criminal case for a crime
other, or in a criminal case for a crime committed by one against the other or
committed by one against the other or the latter's direct descendants or
the latter's direct descendants or ascendants;
ascendants;

(b) An attorney or a person (b) An attorney cannot, without the

reasonably believed by the client to be consent of his client, be examined as
licensed to engaged in the practice of to any communication made by the
law cannot, without the consent of the client to him, or his advice given
client, be examined as to any thereon in the course of, or with a view
communication made by the client to to, professional employment, nor can
him or her or his or her advice given an attorney's secretary, stenographer,
thereon in the course of, or with a or clerk be examined, without the
view to, professional employment, consent of the client and his employer,
nor can an attorney’s secretary, concerning any fact the knowledge of
stenographer, or clerk, or other which has been acquired in such
persons assisting the attorney be capacity;
examined without the consent of the
client and his or her employer,
concerning any fact the knowledge of (c)A person authorized to practice
which has been acquired in such medicine, surgery or obstetrics cannot
capacity, except in the following in a civil case, without the consent of
cases: the patient, be examined as to any
 advice or treatment given by him or
(i) Furtherance of a crime or fraud. any information which he may have
If the service or advice of a acquired in attending such patient in a
lawyer were sought or obtained professional capacity, which
to enable or aid anyone to information was necessary to enable
commit or plan to commit what him to act in capacity, and which
the client knew or reasonably would blacken the reputation of the
should have known to be a crime patient;
or fraud;
(d) A minister or priest cannot,
(ii) Claimants through same without the consent of the person
deceased client. As to a making the confession, be examined
communication relevant to an as to any confession made to or any
issue between parties who claim advice given by him in his professional
through the same deceased character in the course of discipline
client, regardless of whether the enjoined by the church to which the
claim are by testate or intestate minister or priest belongs;
or by inter vivos transaction;

(iii) Breached of duty by lawyer or (e) A public officer cannot be

client. As to a communication examined during his term of office or
relevant to an issue of breach of afterwards, as to communications
duty by the lawyer to his or her made to him in official confidence,
client, or by the client to his or when the court finds that the public
her lawyer; interest would suffer by the disclosure.
(21a)
(iv) Document attested by the
lawyer. As to a communication
 relevant to an issue concerning
an attested document to which
the lawyer is an attesting
witness; or

(v) Joint client. As to a

communication relevant to a
matter of common interest
between two or more clients if
the communication was made by
any of them to a lawyer retained
or consulted in common, when
offered in an action between any
of the clients, unless they have
expressly agreed otherwise.

(c)A physician, psychotherapist or person

reasonably believed by the 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 confidential
communication made for the purpose
of diagnosis or treatment of the
patient’s physical, mental or
emotional condition, including alcohol
or drug addiction, between the patient
and his or her physician or
 psychotherapist. This privilege also
applies to persons, including members
of the patient’s family, who have
participated in the diagnosis or
treatment of the patient under the
direction of the physician or
phychotherapist.

A “psychotherapist” is:

(a) A person licensed to practice

medicine engaged in the diagnosis or
treatment of a mental or emotional
condition, or

(b) A person licensed as psychologist

by the government while similarly
engaged.

(d) A minister, priest, or person

reasonably believed to be so cannot,
without the consent of the affected, be
examined as to any communication or
confession made to or any advice
given by him or her, in his or her
 professional character, in the course
of discipline enjoined by the church to
which the minister or priest belongs.

(e) A public officer cannot be

examined during or after his or her
tenure as to communications made to
him or her in official confidence, when
the court finds that the public interest
would suffer by the disclosure.

The Communication shall remain

privileged, even in the hands of a third
person who may have obtained the
information, provided that the original
parties to the communication took
reasonable precaution to protect its
confidentiality.

2. Testimonial Privilege 2. Testimonial Privilege

Section 25. Parental and filial privilege. — Section 25. Parental and filial privilege. —
No person shall be compelled to testify No person may be compelled to testify
against his or her parents, other direct against his parents, other direct ascendants,
ascendants, children or other direct children or other direct descendants. (20a)
descendants, except
when such testimony is indispensable in
acrime against that person or by one parent
against the other. (25a)
Section 26. Privilege relating to trade
secrets.—A person cannot be compelled to
testify about any trade secret, unless the
non-diclosure will conceal fraud or
otherwise work injustice. When disclosure is
directed, the court shall take such
protective measure as the interest of the
owner of the trade secret and the parties
and the furtherance of justice ma require.
(n)

3. Admissions and Confessions 3. Admissions and Confessions

Section 27. Admission of a party. — The Section 26. Admission of a party. — The

act, declaration or omission of a party as to act, declaration or omission of a party as to
a relevant fact may be given in evidence a relevant fact may be given in evidence
against him or her. (26a) against him. (22)

Section 27. Offer of compromise not Section 27. Offer of compromise not

admissible. — In civil cases, an offer of admissible. — In civil cases, an offer of
compromise is not an admission of any compromise is not an admission of any
liability, and is not admissible in evidence liability, and is not admissible in evidence
against the offeror. Neither is evidence of against the offeror.
conduct nor statements made in
compromise negotiations admissible, In criminal cases, except those involving
except evidence otherwise discoverable or quasi-offenses (criminal negligence) or
offered for another purpose, such as those allowed by law to be compromised, an
proving bias or prejudice of a witness, offer of compromised by the accused may
negativing a contention of undue delay, or be received in evidence as an implied
proving an effort to obstruct a criminal admission of guilt.
investigation or prosecution.
A plea of guilty later withdrawn, or an
In criminal cases, except those involving unaccepted offer of a plea of guilty to lesser
quasi-offenses (criminal negligence) or offense, is not admissible in evidence
those allowed by law to be compromised, against the accused who made the plea or
an offer of compromised by the accused offer.
may be received in evidence as an implied
admission of guilt. An offer to pay or the payment of medical,
hospital or other expenses occasioned by an
A plea of guilty later withdrawn, or an injury is not admissible in evidence as proof
unaccepted offer of a plea of guilty to lesser of civil or criminal liability for the injury.
offense, is not admissible in evidence (24a)
against the accused who made the plea or
offer. Neither is any statement made in the
course of the plea bargaining with the
prosecution, which does not result in a plea
of guilty or which results in a plea of guilty
later withdrawn, admissible.

An offer to pay or the payment of medical,

hospital or other expenses occasioned by
an injury is not admissible in evidence as
proof of civil or criminal liability for the
injury. (27a)
Section 29. Admission by third party. — Section 28. Admission by third party. —
The rights of a party cannot be prejudiced The rights of a party cannot be prejudiced
by an act, declaration, or omission of by an act, declaration, or omission of
another, except as hereinafter provided. another, except as hereinafter provided.
(28) (25a)

Section 30.Admission by co-partner or Section 29. Admission by co-partner or

agent. — The act or declaration of a partner agent. — The act or declaration of a partner
or agent authorized by the party to make a or agent of the party within the scope of his
statement concerning the subject or within authority and during the existence of the
the scope of his or her authority and during partnership or agency, may be given in
the existence of the partnership or agency, evidence against such party after the
may be given in evidence against such partnership or agency is shown by evidence
party after the partnership or agency is other than such act or declaration. The
shown by evidence other than such act or same rule applies to the act or declaration
declaration. The same rule applies to the of a joint owner, joint debtor, or other
act or declaration of a joint owner, joint person jointly interested with the party.
debtor, or other person jointly interested (26a)
with the party. (29a)

Section 31. Admission by conspirator. — Section 30. Admission by conspirator. —

The act or declaration of a conspirator in The act or declaration of a conspirator
furtherance of the conspiracy and during relating to the conspiracy and during its
its existence, may be given in evidence existence, may be given in evidence against
against the co-conspirator after the the co-conspirator after the conspiracy is
conspiracy is shown by evidence other than shown by evidence other than such act of
such act of declaration. (30a) declaration. (27)

Section 32. Admission by privies. — Where Section 31. Admission by privies. — Where

one derives title to property from another, one derives title to property from another,
the latter’s act, declaration, or omission, in the act, declaration, or omission of the
relation the property is evidence against latter, while holding the title, in relation to
the former if done while holding the title. the property, is evidence against the
(31a) former. (28)

Section 33. Admission by silence. — An Section 32. Admission by silence. — An act

act or declaration made in the presence or declaration made in the presence and
and within the hearing or observation of a within the hearing or observation of a party
party who does or says nothing when the who does or says nothing when the act or
act or declaration is such as naturally to call declaration is such as naturally to call for
for action or comment if not true, and when action or comment if not true, and when
proper and possible for him or her to do so, proper and possible for him to do so, may
may be given in evidence against him or be given in evidence against him. (23a)
her. (32a)

Section 34. Confession. — The declaration Section 33. Confession. — The declaration

of an accused acknowledging his guilt of of an accused acknowledging his guilt of the
the offense charged, or of any offense offense charged, or of any offense
necessarily included therein, may be given necessarily included therein, may be given
in evidence against him or her. (33a) in evidence against him. (29a)

4. Previous Conduct as Evidence 4. Previous Conduct as Evidence

Section 35. Similar acts as evidence. — Section 34. Similar acts as evidence. —

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

Section 36. Unaccepted offer. — An offer Section 35. Unaccepted offer. — An offer in

in writing to pay a particular sum of money writing to pay a particular sum of money or
or to deliver a written instrument or specific to deliver a written instrument or specific
personal property is, if rejected without personal property is, if rejected without
valid cause, equivalent to the actual valid cause, equivalent to the actual
production and tender of the money, production and tender of the money,
instrument, or property. (35) instrument, or property. (49a)

5. Hearsay

Section 37. Hearsay.—Hearsay is a

statement other than the one made by the
declarant while testifying at a trial or
hearing, offered to prove the truth of the
facts asserted therein. A statement is a (1)
oral or written assertion or (2) a non-verbal
conduct of a person, if it is intended by him
or her as an assertion. Hearsay evidence is
inadmissible except as otherwise provided
by these Rules.
A statement is not hearsay if the declarant
testifies at the trial of the hearing and is
subject to cross-examination concerning
the statement and the statement is
(a)inconsistent with the declarant’s
testimony and was given under oath
subject to the penalty of perjury at the trial,
hearing or other proceeding, or in a
deposition; (b) consistent with the
declarant’s testimony and is offered to
rebut an express or implied charged
against the declarant of recent fabrication
or improper influence or motive; or (c) one
of identification of a person made made
after perceiving him or her.

6. Exception to the Hearsay Rule 6. Exception to the Hearsay Rule

Section 38. Dying declaration. — The Section 37. Dying declaration. — The

declaration of a dying person, made under declaration of a dying person, made under
the consciousness of an impending death, the consciousness of an impending death,
may be received in any case wherein his or may be received in any case wherein his
her death is the subject of inquiry, as death is the subject of inquiry, as evidence
evidence of the cause and surrounding of the cause and surrounding circumstances
circumstances of such death. (37a) of such death. (31a)

Section 39. Statement of decedent or Section 23. Disqualification by reason of

person of unsound mind – In an action death or insanity of adverse party. — Parties
against an executor or administrator or or assignor of parties to a case, or persons
other representative of the deceased in whose behalf a case is prosecuted,
person, or against a person of unsound against an executor or administrator or
mind, upon a claim or demand against the other representative of a deceased person,
estate of such deceased person or against or against a person of unsound mind, upon
such person of unsound mind, where a a claim or demand against the estate of
party or assignor of a party or a person in such deceased person or against such
whose behalf a case is prosecuted testifies person of unsound mind, cannot testify as to
on a matter of fact occurring before the any matter of fact occurring before the
death of the deceased person or before a death of such deceased person or before
person become of unsound mind, any such person became of unsound mind. (20a)
statement of the deceased or the person of
unsound mind, may be received if evidence
if the statement was made upon the
personal knowledge of the deceased or the
person of unsound mind a the time when
the matter had been recently perceived by
him or her and while his or her recollection
was clear. Such matter, however, is
inadmissible if made under the
circumstances indicating its lack of
trustworthiness. (23a)
Section 40. Declaration against interest. Section 38. Declaration against interest. —
— The declaration made by a person The declaration made by a person
deceased, or unable to testify, against the deceased, or unable to testify, against the
interest of the declarant, if the fact is interest of the declarant, if the fact is
asserted in the declaration was at the time asserted in the declaration was at the time
it was made so far contrary to the it was made so far contrary to declarant's
declarant's own interest, that a reasonable own interest, that a reasonable man in his
man in his or her position would not have position would not have made the
made the declaration unless he believed it declaration unless he believed it to be true,
to be true, may be received in evidence may be received in evidence against himself
against himself or his successors in interest or his successors in interest and against
and against third persons. A statement third persons. (32a)
tending to expose the declarant to criminal
liability and offered to exculpate the
accused is not admissible unless
corroboratinf circumstances clearlt indicate
the trustworthiness of the statement. (38a)

Section 41. Act or declaration about Section 39. Act or declaration about

pedigree. — The act or declaration of a pedigree. — The act or declaration of a
person deceased, or unable to testify, in person deceased, or unable to testify, in
respect to the pedigree of another person respect to the pedigree of another person
related to him or her by birth or marriage related to him by birth or marriage, may be
or, in the absence thereof, with whose received in evidence where it occurred
family he or she was so intimately before the controversy, and the relationship
associated as to be likely to have accurate between the two persons is shown by
information concerning his or her pedigree, evidence other than such act or declaration.
may be received in evidence where it The word "pedigree" includes relationship,
occurred before the controversy, and the family genealogy, birth, marriage, death,
relationship between the two persons is the dates when and the places where these
shown by evidence other than such act or fast occurred, and the names of the
declaration. The word "pedigree" includes relatives. It embraces also facts of family
relationship, family genealogy, birth, history intimately connected with pedigree.
marriage, death, the dates when and the (33a)
places where these fast occurred, and the
names of the relatives. It embraces also
facts of family history intimately connected
with pedigree. (39a)

Section 44. Family reputation or tradition Section 40. Family reputation or tradition

regarding pedigree. — The reputation or regarding pedigree. — The reputation or
tradition existing in a family previous to the tradition existing in a family previous to the
controversy, in respect to the pedigree of controversy, in respect to the pedigree of
any one of its members, may be received in any one of its members, may be received in
evidence if the witness testifying thereon evidence if the witness testifying thereon be
be also a member of the family, either by also a member of the family, either by
consanguinity or affinity, or adoption. consanguinity or affinity. Entries in family
Entries in family bibles or other family bibles or other family books or charts,
books or charts, engravings on rings, family engravings on rings, family portraits and the
portraits and the like, may be received as like, may be received as evidence of
evidence of pedigree. (40a) pedigree. (34a)

Section 43. Common reputation. — Section 41. Common reputation. —

Common reputation existing previous to the Common reputation existing previous to the
controversy, as to boundaries of a customs controversy, respecting facts of public or
affecting lands in the community and general interest more than thirty years old,
reputation as to events of general history or respecting marriage or moral character,
important to the community, or respecting may be given in evidence. Monuments and
marriage or moral character, may be given inscriptions in public places may be
in evidence. Monuments and inscriptions in received as evidence of common reputation.
public places may be received as evidence (35)
of common reputation. (41a)
Section 42. Part of res gestae. — Section 42. Part of res gestae. —
Statements made by a person while a Statements made by a person while a
starting occurrence is taking place or starting occurrence is taking place or
immediately prior or subsequent thereto, immediately prior or subsequent thereto
under the stress of excitement caused by with respect to the circumstances thereof,
the occurence with respect to the may be given in evidence as part of res
circumstances thereof, may be given in gestae. So, also, statements accompanying
evidence as part of res gestae. So, also, an equivocal act material to the issue, and
statements accompanying an equivocal act giving it a legal significance, may be
material to the issue, and giving it a legal received as part of the res gestae. (36a)
significance, may be received as part of
the res gestae. (42a)

Section 43. Entries in the course of

Section 45. Records of regularly business. — Entries made at, or near the
conducted business activity. – A time of transactions to which they refer, by
memorandum, report, record or data a person deceased, or unable to testify, who
compilation of acts, events, conditions, was in a position to know the facts therein
opinion or diagnoses, made be writing, stated, may be received as prima
typing, electronic, optical or other similar facie evidence, if such person made the
means at or near the time of or from entries in his professional capacity or in the
transmission or supply of information by a performance of duty and in the ordinary or
person with knowledge thereof, and kept in regular course of business or duty. (37a)
the regular course or conduct of a business
activity, and such was the regular practice
to make the memorandum, report, record,
or data compilation by electronic, optical or
similar means, all of which are shown by
the testimony of the custodian or other
qualified witnesses, is excepted from the
rule on hearsay evidence. (43a)
Section 46. Entries in official records. — Section 44. Entries in official records. —
Entries in official records made in the Entries in official records made in the
performance of his or her duty by a public performance of his duty by a public officer
officer of the Philippines, or by a person in of the Philippines, or by a person in the
the performance of a duty specially performance of a duty specially enjoined by
enjoined by law, are prima facie evidence law, are prima facie evidence of the facts
of the facts therein stated. (38) therein stated. (38)

Section 47. Commercial lists and the like. Section 45. Commercial lists and the like.
— Evidence of statements of matters of — Evidence of statements of matters of
interest to persons engaged in an interest to persons engaged in an
occupation contained in a list, register, occupation contained in a list, register,
periodical, or other published compilation is periodical, or other published compilation is
admissible as tending to prove the truth of admissible as tending to prove the truth of
any relevant matter so stated if that any relevant matter so stated if that
compilation is published for use by persons compilation is published for use by persons
engaged in that occupation and is generally engaged in that occupation and is generally
used and relied upon by them therein. (45) used and relied upon by them therein. (39)

Section 48. Learned treatises. — A Section 46. Learned treatises. — A

published treatise, periodical or pamphlet published treatise, periodical or pamphlet
on a subject of history, law, science, or art on a subject of history, law, science, or art is
is admissible as tending to prove the truth admissible as tending to prove the truth of a
of a matter stated therein if the court takes matter stated therein if the court takes
judicial notice, or a witness expert in the judicial notice, or a witness expert in the
subject testifies, that the writer of the subject testifies, that the writer of the
statement in the treatise, periodical or statement in the treatise, periodical or
pamphlet is recognized in his or her pamphlet is recognized in his profession or
profession or calling as expert in the calling as expert in the subject. (40a)
subject. (46a)
Section 49. Testimony or deposition at a Section 47. Testimony or deposition at a
former proceeding. — The testimony or former proceeding. — The testimony or
deposition of a witness deceased or out of deposition of a witness deceased or unable
the Philippines or who cannot, with due to testify, given in a former case or
diligence, be found therein, or is proceeding, judicial or administrative,
unavailable or otherwise unable to testify, involving the same parties and subject
given in a former case or proceeding, matter, may be given in evidence against
judicial or administrative, involving the the adverse party who had the opportunity
same parties and subject matter, may be to cross-examine him. (41a)
given in evidence against the adverse party
who had the opportunity to cross-examine
him or her. (47a)
Section 50. Residual exception – A
statement not specifically covered by any
of the foregoing exceptions, having
equivalent circumstantial guarantees of
trustworthiness, is admissible if the court
determines that (a) the statement is offered
as evidence of a material fact; (b) the
statement is more probative on the point
for which it is offered than any other
evidence which the proponent can procure
through reasoanable efforts; and (c) the
general purposes of these rules and the
interest of justice will be best served by
admission of the statement into the
evidence. However, a statement may not
be admitted under this exception unless the
proponent makes known to the adverse
party, sufficiently in advance of the hearing,
or by the pre-trial stage in the case of a trial
of the main case, to provide the adverse
party with a fair opportunity to prepare to
meet it, the proponent’s intention to offer
the statement and the particulars of it,
including the name and address of the
declarant.

7. Opinion Rule 7. Opinion Rule

Section 51. General rule. — The opinion of Section 48. General rule. — The opinion of
witness is not admissible, except as witness is not admissible, except as
indicated in the following sections. (48) indicated in the following sections. (42)

Section 52. Opinion of expert witness. — Section 49. Opinion of expert witness. —

The opinion of a witness on a matter The opinion of a witness on a matter
requiring special knowledge, skill, requiring special knowledge, skill,
experience or training or education which experience or training which he shown to
he or she shown to posses, may be posses, may be received in evidence. (43a)
received in evidence. (49a)

Section 50. Opinion of ordinary witnesses. Section 50. Opinion of ordinary witnesses.

— The opinion of a witness for which proper — The opinion of a witness for which proper
basis is given, may be received in evidence basis is given, may be received in evidence
regarding — regarding —

(a)the identity of a person about whom (a)the identity of a person about whom
he or she has adequate knowledge; he has adequate knowledge;

(b)A handwriting with which he or she (b)A handwriting with which he has
has sufficient familiarity; and sufficient familiarity; and

(c) The mental sanity of a person with (c) The mental sanity of a person with
whom he is sufficiently acquainted. whom he is sufficiently acquainted.

The witness may also testify on his or her The witness may also testify on his
impressions of the emotion, behavior, impressions of the emotion, behavior,
condition or appearance of a person. (44a condition or appearance of a person. (44a)

8. Character Evidence 8. Character Evidence

Section 51. Character evidence not Section 51. Character evidence not

generally admissible; exceptions: — generally admissible; exceptions: —
Evidence of a person’s character or a trait
of character for the purpose of proving in (d) In Criminal Cases:
conformity therewith on a particular
occasion, except: (3)The accused may prove his good
moral character which is pertinent to
(a) In Criminal Cases: the moral trait involved in the offense
charged.
(1)The character of the offended party
may be proved if it tends to establish (4)Unless in rebuttal, the prosecution
in any reasonable degree the may not prove his bad moral character
probability or improbability of the which is pertinent to the moral trait
offense charged. involved in the offense charged.

(2)The accused may prove his or her (5) The good or bad moral character of
good moral character, pertinent to the the offended party may be proved if it
moral trait involved in the offense tends to establish in any reasonable
charged. However, the prosecution degree the probability or improbability
may not prove his or her bad moral of the offense charged.
character unless on rebuttal.
(e) In Civil Cases:
(b) In Civil Cases:
Evidence of the moral character of a party
Evidence of the moral character in civil in civil case is admissible only when
case is admissible only when pertinent to pertinent to the issue of character involved
the issue of character involved in the case. in the case.
(c) In Criminal and Civil Cases:
(c) In the case provided for in Rule 132,
Evidence of a good character of a Section 14, (46a, 47a)
witness is not admissible until such
character has been impeached.

In all casesin which evidenc of character

or a trait of a character of a person is
admissible, proof may be made by
testimony as to reputation or by testimony
in the form of an opinion. On cross-
examination, inquiry is allowable into
relevant specific instances of conduct.

In cases in which character or a trait of

character of a person is in essential
elements of a charge, claim of defense,
proof may also be made of specific
instances of that person’s conduct. (51a;
14, Rule 132)

RULE 131 RULE 131

Burden of Proof and Presumptions Burden of Proof and Presumptions

Section 1. Burden of proof and burden of Section 1. Burden of proof. — Burden of

evidence.  — Burden of proof is the duty of proof is the duty of a party to present
a party to present evidence on the facts in evidence on the facts in issue necessary to
issue necessary to establish his claim or establish his claim or defense by the
defense by the amount of evidence amount of evidence required by law. (1a,
required by law. Burden of proof never 2a)
shift.
Burden of evidence is in the duty of a
party to present evidence sufficient to
establish or rebut a fact in issue to establish
a prima facie case. Burden of evidence may
shift from one party to the other in the
course of the proceedings depending on the
exigencies of the case. (1a)
Section 2. Conclusive presumptions. — Section 2. Conclusive presumptions. — The
The following are instances of conclusive following are instances of conclusive
presumptions: presumptions:

(a) Whenever a party has, by his or her (a) Whenever a party has, by his own
own declaration, act, or omission, declaration, act, or omission,
intentionally and deliberately led to intentionally and deliberately led to
another to believe a particular thing another to believe a particular thing
true, and to act upon such belief, he true, and to act upon such belief,
or she cannot, in any litigation arising he cannot, in any litigation arising
out of such declaration, act or out of such declaration, act or
omission, be permitted to falsify it; omission, be permitted to falsify it:
and
(b) The tenant is not permitted to
(b) The tenant is not permitted to deny deny the title of his landlord at the
the title of his or her landlord at the time of commencement of the
time of commencement of the relation of landlord and tenant
relation of landlord and tenant between them. (3a)
between them. (2a)

Section 3. Disputable presumptions. — Section 3. Disputable presumptions. — The

The following presumptions are satisfactory following presumptions are satisfactory if
if uncontradicted, but may be contradicted uncontradicted, but may be contradicted
and overcome by other evidence: and overcome by other evidence:

(a) That a person is innocent of crime or (a) That a person is innocent of crime
wrong; or wrong;

(b) That an unlawful act was done with an (b) That an unlawful act was done
unlawful intent; with an unlawful intent;

(c) That a person intends the ordinary (c) That a person intends the
consequences of his or her voluntary ordinary consequences of his voluntary
act; act;

(d)That a person takes ordinary care of (d) That a person takes ordinary care
his or her concerns; of his concerns;

(e)That evidence willfully suppressed (e) That evidence willfully suppressed

would be adverse if produced; would be adverse if produced;

(f) That money paid by one to another (f) That money paid by one to
was due to the latter; another was due to the latter;

(g)That a thing delivered by one to (g) That a thing delivered by one to

another belonged to the latter; another belonged to the latter;

(h) That an obligation delivered up to the (h) That an obligation delivered up to

debtor has been paid; the debtor has been paid;
(i) That prior rents or installments had (i) That prior rents or installments
been paid when a receipt for the later had been paid when a receipt for the
one is produced; later one is produced;

(j) That a person found in possession of a (j) That a person found in possession
thing taken in the doing of a recent of a thing taken in the doing of a recent
wrongful act is the taker and the doer wrongful act is the taker and the doer of
of the whole act; otherwise, that the whole act; otherwise, that things
things which a person possess, or which a person possess, or exercises
exercises acts of ownership over, are acts of ownership over, are owned by
owned by him or her; him;
(k)That a person in possession of an (k) That a person in possession of an
order on himself or herself for the order on himself for the payment of the
payment of the money, or the delivery money, or the delivery of anything, has
of anything, has paid the money or paid the money or delivered the thing
delivered the thing accordingly; accordingly;

(l) That a person acting in a public office (l) That a person acting in a public
was regularly appointed or elected to office was regularly appointed or
it; elected to it;

(m) That official duty has been (m) That official duty has been
regularly performed; regularly performed;

(n) That a court, or judge acting as such, (n) That a court, or judge acting as
whether in the Philippines or such, whether in the Philippines or
elsewhere, was acting in the lawful elsewhere, was acting in the lawful
exercise of jurisdiction; exercise of jurisdiction;
(o)That all the matters within an issue (o) That all the matters within an
raised in a case were laid before the issue raised in a case were laid before
court and passed upon by it; and in the court and passed upon by it; and in
like manner that all matters within an like manner that all matters within an
issue raised in a dispute submitted for issue raised in a dispute submitted for
arbitration were laid before the arbitration were laid before the
arbitrators and passed upon by them; arbitrators and passed upon by them;

(p)That private transactions have been (p) That private transactions have
fair and regular; been fair and regular;

(q)That the ordinary course of business (q) That the ordinary course of
has been followed; business has been followed;

(r) That there was a sufficient (r) That there was a sufficient
consideration for a contract; consideration for a contract;

(s) That a negotiable instrument was (s) That a negotiable instrument was
given or indorsed for a sufficient given or indorsed for a sufficient
consideration; consideration;

(t) That an endorsement of negotiable (t) That an endorsement of

instrument was made before the negotiable instrument was made before
instrument was overdue and at the the instrument was overdue and at the
place where the instrument is dated; place where the instrument is dated;

(u)That a writing is truly dated; (u) That a writing is truly dated;

 (v)That a letter duly directed and mailed (v) That a letter duly directed and
was received in the regular course of mailed was received in the regular
the mail; course of the mail;

(w) That after an absence of seven (w) That after an absence of seven
years, it being unknown whether or years, it being unknown whether or not
not the absentee still lives, he or she the absentee still lives, he is considered
is considered dead for all purposes, dead for all purposes, except for those
except for those of succession. of succession.

The absentee shall not be considered dead

The absentee shall not be considered dead for the purpose of opening his succession
for the purpose of opening his or her till after an absence of ten years. If he
succession until after an absence of ten disappeared after the age of seventy-five
years. If he or she disappeared after the years, an absence of five years shall be
age of seventy-five years, an absence of sufficient in order that his succession may
five years shall be sufficient in order that be opened.
his or her succession may be opened.
The following shall be considered dead for
The following shall be considered dead for all purposes including the division of the
all purposes including the division of the estate among the heirs:
estate among the heirs:
(1) A person on board a vessel lost during a
(1) A person on board a vessel lost during a sea voyage, or an aircraft with is missing,
sea voyage, or an aircraft with is missing, who has not been heard of for four years
who has not been heard of for four years since the loss of the vessel or aircraft;
since the loss of the vessel or aircraft;
 (2) A member of the armed forces who has
(2) A member of the armed forces who has taken part in armed hostilities, and has
taken part in armed hostilities, and has been missing for four years;
been missing for four years; (3) A person who has been in danger of
(3) A person who has been in danger of death under other circumstances and whose
death under other circumstances and existence has not been known for four
whose existence has not been known for years;
four years; and
(4) If a married person has been absent for
(4) If a married person has been absent for four consecutive years, the spouse present
four consecutive years, the spouse present may contract a
may contract a subsequent marriage if he subsequent marriage if he or she has well-
or she has well-founded belief that the founded belief that the absent spouse is
absent spouse is already death. In case of already death. In case of disappearance,
disappearance, where there is a danger of where there is a danger of death the
death the circumstances hereinabove circumstances hereinabove provided, an
provided, an absence of only two years absence of only two years shall be sufficient
shall be sufficient for the purpose of for the purpose of contracting a subsequent
contracting a subsequent marriage. marriage. However, in any case, before
However, in any case, before marrying marrying again, the spouse present must
again, the spouse present must institute a institute a summary proceedings as
summary proceedings as provided in the provided in the Family Code and in the rules
Family Code and in the rules for declaration for declaration of presumptive death of the
of presumptive death of the absentee, absentee, without prejudice to the effect of
without prejudice to the effect of reappearance of the absent spouse
reappearance of the absent spouse
(x) That acquiescence resulted from
(x)That acquiescence resulted from a a belief that the thing acquiesced in
 belief that the thing acquiesced in was was conformable to the law or fact;
conformable to the law or fact;
(y) That things have happened
(y)That things have happened according according to the ordinary course of
to the ordinary course of nature and nature and ordinary nature habits of
ordinary nature habits of life; life;

(z) That persons acting as copartners (z) That persons acting as

have entered into a contract of copartners have entered into a contract
copartneship; of copartneship;

(aa) That a man and woman deporting (aa) That a man and woman deporting
themselves as husband and wife have themselves as husband and wife have
entered into a lawful contract of entered into a lawful contract of
marriage; marriage;

(bb) That property acquired by a man (bb) That property acquired by a man
and a woman who are capacitated to and a woman who are capacitated to
marry each other and who live marry each other and who live
exclusively with each other as exclusively with each other as husband
husband and wife without the benefit and wife without the benefit of marriage
of marriage or under void marriage, or under void marriage, has been
has been obtained by their joint obtained by their joint efforts, work or
efforts, work or industry. industry.

(cc) That in cases of cohabitation by (cc) That in cases of cohabitation by a

a man and a woman who are not man and a woman who are not
 capacitated to marry each other and capacitated to marry each other and
who have acquire properly through who have acquire properly through their
their actual joint contribution of actual joint contribution of money,
money, property or industry, such property or industry, such contributions
contributions and their corresponding and their corresponding shares
shares including joint deposits of including joint deposits of money and
money and evidences of credit are evidences of credit are equal.
equal.
(dd) That if the marriage is terminated
(dd) That if the marriage is terminated and the mother contracted another
and the mother contracted another marriage within three hundred days
marriage within three hundred days after such termination of the former
after such termination of the former marriage, these rules shall govern in
marriage, these rules shall govern in the absence of proof to the contrary:
the absence of proof to the contrary:
(1) A child born before one hundred
(1)A child born before one hundred eighty days after the solemnization of
eighty days after the solemnization of the subsequent marriage is considered
the subsequent marriage is to have been conceived during such
considered to have been conceived marriage, even though it be born within
during such marriage, even though it the three hundred days after the
be born within the three hundred days termination of the former marriage.
after the termination of the former
marriage. (2) A child born after one hundred
eighty days following the celebration of
(2) A child born after one hundred eighty the subsequent marriage is considered
days following the celebration of the to have been conceived during such
subsequent marriage is considered to marriage, even though it be born within
 have been conceived during such the three hundred days after the
marriage, even though it be born termination of the former marriage.
within the three hundred days after
the termination of the former
marriage. (ee) That a thing once proved to exist
continues as long as is usual with things
of the nature;
(ee) That a thing once proved to exist
continues as long as is usual with (ff) That the law has been obeyed;
things of the nature;
(gg) That a printed or published book,
(ff) That the law has been obeyed; purporting to be printed or published by
public authority, was so printed or
(gg) That a printed or published book, published;
purporting to be printed or published
by public authority, was so printed or (hh) That a printed or published book,
published; purporting contain reports of cases
adjudged in tribunals of the country
(hh) That a printed or published book, where the book is published, contains
purporting contain reports of cases correct reports of such cases;
adjudged in tribunals of the country
where the book is published, contains (ii) That a trustee or other person
correct reports of such cases; whose duty it was to convey real
property to a particular person has
(ii) That a trustee or other person whose actually conveyed it to him when such
duty it was to convey real property to presumption is necessary to perfect the
a particular person has actually title of such person or his successor in
conveyed it to him or her when such interest;
 presumption is necessary to perfect
the title of such person or his or her (jj) That except for purposes of
successor in interest; succession, when two persons perish in
the same calamity, such as wreck,
(jj) That except for purposes of battle, or conflagration, and it is not
succession, when two persons perish shown who died first, and there are no
in the same calamity, such as wreck, particular circumstances from which it
battle, or conflagration, and it is not can be inferred, the survivorship is
shown who died first, and there are no determined from the probabilities
particular circumstances from which it resulting from the strength and the age
can be inferred, the survivorship is of the sexes, according to the following
determined from the probabilities rules:
resulting from the strength and the
age of the sexes, according to the 1. If both were under the age of
following rules: fifteen years, the older is deemed to
have survived;
1. If both were under the age of fifteen
years, the older is deemed to have 2. If both were above the age sixty,
survived; the younger is deemed to have
survived;
2. If both were above the age sixty, the
younger is deemed to have survived;
3. If one is under fifteen and the
other above sixty, the former is deemed
3. If one is under fifteen and the other to have survived;
above sixty, the former is deemed to
have survived; 4. If both be over fifteen and under
sixty, and the sex be different, the male
 4. If both be over fifteen and under sixty, is deemed to have survived, if the sex
and the sex be different, the male is be the same, the older;
deemed to have survived, if the sex be
the same, the older; and 5. If one be under fifteen or over
sixty, and the other between those
5. If one be under fifteen or over sixty, ages, the latter is deemed to have
and the other between those ages, the survived.
latter is deemed to have survived.

(kk)That if there is a doubt, as between

(kk)That if there is a doubt, as between two or more persons who are called to
two or more persons who are called to succeed each other, as to which of
succeed each other, as to which of them them died first, whoever alleges the
died first, whoever alleges the death of one death of one prior to the other, shall
prior to the other, shall prove the same; in prove the same; in the absence of
the absence of proof, they shall be proof, they shall be considered to have
considered to have died at the same time. died at the same time. (5a)
(5a)

RULE 128
General Provisions

Explanatory Note for Rule 128 Section 1:

 No amendment was made under this Rule. The Amended Rules on Evidence retains
the definition of evidence under the old rule. Evidence as defined under Rule 128 section 1
has four component elements:

1. Sanctioned by these rules – It is not evidence when it is excluded by law or rules,

even it proves the existence or non-existence of a fact in issue. It is the evidence
that t is allowed under these rules or more accurately not excluded by these rules.

2. Evidence as a means of ascertainment - Evidence is not an end in itself but

merely as a “means” of ascertaining the truth of a matter of fact.

3. In a judicial proceeding- This contemplate of a jural conflict not merely dispute

between two contending parties.

4. The truth respecting a matter of fact – it refers to an issue of facts and is both
substantive and procedural.

Three Types of Truth

1. Factual or moral truth- The truth court seeks to know based on facts.
2. Judicial truth- Truth found by the court based on evidence collected
3. Ideal or Perfect Truth – Actual truth (both factual and judicial truth)

Evidence vs Proof

Evidence is the means of proof; proof is the effect of the evidence, the establishment
of a fact by evidence.
The Problem of Ascertaining the Facts

Every evidential question involves the relationship between Factum Probans and the
Factum Probanbdum.

Factum Probandum Factum Probans

Is the ultimate fact or facts Is the evidentiary fact or facts by
sought to be established. which factum probandum is to be
established.
This is the question of what.
This is the question of how.

CLASSIFICATION OF EVIDENCE

Direct vs Circumstantial
Direct Circumstantial
It is evidence to the precise point; It is a proof of a fact taken
which if believed, proves the singularly or collectively which
existence of a fact in issue may be presumed. It indirectly
without inference or presumption. proved a fact in issue through an
inference, which the fact finder
draw from the evidence
established.

Guidelines in appreciating
circumstantial evidence:
1. Acted upon with caution.
 2. All essential facts must be
identical to the facts.

Positive vs Negative

Positive Negative
It affirms occurrence of an event or Denies the occurrence of an event or
existence of a fact. existence of a fact.

It generally prevails over negative evidence. Example: Denial and Alibi

Denial – The usual refuge of the offender is

on inherently weak defense, and must be
buttressed by other persuasive evidence of
non-culpability to merit the credibility

Alibi – it is a settled doctrine that the

defense of alibi is inherently weak and must
be rejected when the accused is
satisfactorily and categorically established
by the eye witnesses to the offense,
especially when the eye witnesses have no
ill-motive to testify falsely

Primary vs Secondary evidence

Primary Secondary
The law regard this with greater certainty. The law regards this as necessarily inferior
and shows in its face that there is a better
Example: Birth Certificate evidence exist.
Example: Photocopy

Conclusive vs Prima facie

Conclusive Prima facie

The law does not allow this kind of evidence That which standing alone and
to be contradicted. uncontradicted is sufficient to established a
fact until it is disproved.
Example: Judicial Admissions, DNA profile of
a person

Cumulative vs Corroborative

Cumulative Corroborative
It refers to the additional evidence of the It referes to additional evidence of a
same kind tending to prove the same point. different kind or character but tending to
prove the same point, to confirm or support
it.

Rules of Evidence Classified.

1. Rule of Probative Policy - To improve the probative value of the evidence offered.
These consist of the following rules:
 a. Exclusionary Rule – exclude certain kind of evidence, on grounds partly of relevancy
and partly of policy.
b. Preferential Rules- These require one kind of evidence in preference to any other.
c. Analytic Rule – These rules subject certain kind of evidence to rigid scrutiny, as to
expose its possible weakness and shortcomings.
Example: Cross- examination is require to produce the shortcoming of the other
evidence.
d. Prophylactic – These are rule which are beforehand, certain measures to prevent
risk or falsity or mistake.
Example: Witness take an oath before testifying.
e. Quantitative Rules – These rules requires certain kind s of evidence to be produced
in certain quantity.
Example: Extrajucial confession is not sufficient unless corroborated by evidence of
corpus delicti.

2. Rules of Extrinsic Policy - These rules seek to exclude useful evidence for the sake
of upholding other policies considered more paramount.
Example: illegally seized evidence is inadmissible in any proceedings.

Explanatory Note for Rule 128 Section 2:

 No amendment was made under this Rule. The Amended Rules on Evidence retains
the scope of Rules of Evidence. This rule emphasized that these rules are applicable in
judicial proceeding in regular courts and are not applicable to administrative proceedings.

Explanatory Note for Rule 128 Section 3:

This rule was amended; the Constitution was added to this rule. Evidence is not
admissible when it is excluded by the Constitution, the law or these rules.

Axioms of Admissibility

1. None but facts having rational probative value are admissible. It assumes no particular
doctrine as to kind of ratiocination implied – whether practical or scientific, coarse and
ready or refined and systematic. It prescribed merely that whatever is presented as
evidence shall be presented on the hypothesis that it is calculated, according to the
prevailing standard of reasoning, to effect rational persuasion.

2. All facts having rational probative value are admissible, unless some specific rule
forbid. Rule of exclusion are, exception to the general admissibility of all that is
rational and probative.

Admissibility is determined by relevancy – an affair of logic and not of law –

second, but only indirectly, by the law of evidence which in strictness, only
declares whether matter which is logically probative is excluded.

Admissibility vs Weight
 Admissibility Weight
It is the character and quality that any It is the value given or importance to
material must possess in order to be used in evidence by the court.
court.

In the case of W-Red Construction vs Court of Appeals, the court held that the
after the court determined the admissibility of an evidence, the next issue to be resolved is
the weight of an evidence, for admissibility of evidence should not be confused with its
probative value.

Kinds of admissibility

1. Multiple Admissibility – Evidence is admissible for several purpose. It may be

admissible for one purpose, but it may be admitted to another provided it satisfies all
the requirement prescribed by law in order that it may be admissible for the purpose
by which it is presented, even if it does not satisfy the other requisites for its
admissibility for other purposes.

2. Curative Admissibility or fighting fire with fire – If a party introduces

incompetent evidence, may the adverse party rebut it by a similar incompetent
evidence.

Example: Hearsay evidence when admitted may be rebutted by another hearsay

evidence.
 3. Condition admissibility – a fact offered in evidence may appear to be immaterial
unless it is connected with other facts to be subsequently proved. In such case, the
evidence may be received on the condition that the other facts be afterwards proved.

Exclusionary Rule/ The Fruit of Poisonous Tree

Evidence that is quiet clearly direct or primary in its relationship to the prior arrest or
searched must be excluded.

In the case of Ejercity vs Sandiganbayan, and Tolentino vs Mendoza the court

ruled that when the law does not provide that the evidence is not admissible or subject to
exclusionary rule, the court cannot make it inadmissible. The law should expressly provide
that it is inadmissible as evidence.

Exception to the Doctrine of Fruit of the Poisonous Tree

1. Inevitable Discovery – when a police officer is not searching for evidence against the
accused, but inadvertently came across an incriminating object.

In the case of People vs Abe Valdez y Cruz, the court held that the evidence is not
admissible as the police team was dispatched to appellant kaingin precisely to search for
and uproot the prohibited flora. The evidence was not inadvertently found by the police,
hence, they needed a search warrant, henceforth, the evidence is not admissible.

2. Attenuation Doctrine- rule provides that despite the illegality in obtaining evidence,
such evidence may be admissible if the connection between the evidence and the
illegal method is sufficiently remote or attenuated.
Evidence excluded by the Constitution. This is an absolute rule and applicable in all
types of case.

1. Art. 3 Sec 2 Evidence obtained in violation against unreasonable search and seizure.
2. Private and Communication
3. Extrajudicial Confession
4. Self- incrimination violation

Explanatory Note for Rule 128 Section 4:

No amendment was made under this provision.

Relevancy is the initial and true test of admissibility and in the absence of some
exclusionary rule, legalistic defect which would bar the evidence for some other purpose
but which are applicable to the purpose for which it is offered, do not render it inadmissible
generally.

Component of Relative Evidence

1. Materiality looks to the relation between the propositions for which the evidence is
offered and the issue of the case. Where the evidence is offered to help prove a
proposition, which is not a matter in issue, the evidence is immaterial

Test of Materiality - Whether the evidence offered relates to the issue. What
matters in a case are in issue is determined mainly by the pleading, the applicable
principles of substantive law and the pre- trial order if any.
 2. Probativeness - it is the tendency of evidence to established the proposition that it
is offered to prove. It referes to the value of evidence.

Collateral matters are matters other than the facts in issue and which are offered as
basis for inference as to the existence or non-existence of the facts in issue.

Classification of Collateral Matters

1. Antecedent Circumstances
a. Moral character, habits or customs
b. Plan design or conspiracy
2. Concomitant Circumstances
a. Opportunity. If the accused was the only one who had the opportunity to do the act
charged, such circumstances may be taken against him
b. Incompatibility. When the Concomitance Circumstances are incompatible with the
doing of an act by a person, they may proved to show that the person is not the
author of the act
c. Alibi – Weakest defense
3. Subsequent Circumstances. These are the circumstances taking place after the
disputed fact occurred which might show the truth or the falsity of the facts or
controversy such as flight, concealment, nervousness, despair, fingerprint,
resemblances, bloodstain.

RULE 129
What Need Not Be Proved
Explanatory Note for Rule 129 Section 1:
Judicial Notice is based on the maxim “what is known, need not be proved,”
hence when the rule is invoked, the court may dispense with the presentation of evidence
on judicially cognizable facts. It abbreviate litigation by the admission of the matters that
need no evidence because judicial notice is a substitute for formal proof of matter by
evidence. Evidence should be dispensed with because the matter is so well known and is
common knowledge not to be disputable.

Relieved from Presenting Evidence

1. Not subject of judicial

2. Facts subject of judicial admission
3. Facts legally presumed
4. Facts stipulated by the parties and counsel
5. Facts exclusively within the knowledge of the parties
6. Facts which is irrelevance
7. Facts in the nature of negative allegation

Mandatory Judicial Notice – no motion or hearing is necessary for the court to take judicial
notice of a fact because this is a matter which a court ought to take judicial notice of.

What matters are subject to mandatory judicial notice?

1. The existence and territorial extent of states

2. The Political history,forms of the government and symbols of nationality of states
3. The law of nation
 4. The admiralty and maritime courts of the world
5. The political constitution and the history of the Philippines
6. The official acts of legislative, executive and judicial department of the National
Government of the Philippines
7. The law of nature
8. The measure of time
9. The geographical division

“Legislative facts” describe the great body of information and expository material which
contributes to rationalization by capable, intelligent and objectively thinking people in the
process not only of ascertaining what the common law and social concepts are but also the
promoting of their improvement and development. It is concerned with the specific facts
which are relevant to the resolution of a disputed factual situation in a given case

“Adjudicatory facts’ are simply the facts of the particular case which are determinative of
the outcome of litigation. Such facts are ordinarily established by evidence unless they are
of such common acceptance they stand as established without other proof. It is these facts
with which the rules of judicial notice deals.

Explanatory Note for Rule 129 Section 2:

Discretionary matters are those matters that are accepted by the public without
qualification. There must be notoriety of facts; the matters must be authoritative; must be
within the territorial jurisdiction; must be without need of demonstration.

A court may take judicial notice of matters:

 a. which are of public knowledge, or

b. are capable to unquestionable demonstration, or

c. ought to be known to judges because of their judicial functions.

Requisites of Discretionary Judicial Notice

1. The matter must be one of common knowledge

2. The matter must be settled beyond reasonable doubt
3. The knowledge must exist within the jurisdiction of the court

A judge must take judicial notice of a fact if it is one which is the proper subject of the
judicial cognizance even if it is not within the personal knowledge. However a judge may
not take judicial notice of a fact if it is not part of evidence or not a fact generally known
within its territorial jurisdiction.

Foreign Law

A court of the forum will not take judicial notice of the law prevailing in another
country. Foreign law must be alleged and proved. If the foreign law is not alleged and
proved it must be presumed that the laws of the jurisdiction hearing the case has the same
law under the foreign law under the Doctrine Of Processual Presumption

Explanatory Note for Rule 129 Section 3:

During the trial, the court:
 1. On its own initiative, or

2. On request of a party

- may announce its intention to take judicial notice of any matter and allow the parties
to be heard thereon.

After the trial and before judgment or on appeal, the proper court:

1. on its own initiative , or

2. On request of a party

- may take judicial notice of any matter and allow the parties to be heard thereon if such
matter is decisive of a material issue in the case.

In the case of People vs Tundag, the court ruled that before the court may take
judicial notice of the age of the victim, there should be a hearing as required by Section 3
of Rule 129.

Distinction between Judicial Notice of Sources and Notice of Facts

Distinction should be drawn between taking judicial notice of sources, documents and
materials without formal proof of their genuineness or authenticity, and taking judicial
notice of facts. The court may find that a source may be genuine, the fact recited therein is
not clearly indisputable and should therefore, be subject to proof.

In the determination of whether a matter is within the domain of judicial notice, a

judge may himself resort to other source, but should bring it to attention of litigant. If the
court is not convinced that matter clearly falls within the field of judicial notice, the judge
will inform the parties that the matter should be proved by evidence in the usual manner.

Explanatory Note for Rule 129 Section 4:

Judicial Admission- is an admission:

a. Verbal, or

b. Written

- made by the party in course of the proceedings of the same case, does not require proof.

- The admission may be contradictedonly by:

a. Showing that it was made through palpable mistake, or

b. That no such admission was made.

The following are not deemed admitted:

1. Immaterial allegation
2. Incorrect conclusions of facts drawn from facts set out in the complaint
3. Conclusion of law
4. General averments contradicted by specific averments
5. Unliquidated damages
No admissions are permitted in:
6. Annulment of marriage
7. Legal separation
 In the case of Brillante vs CA, the court ruled that the accused judicially admitted
that he made the alleged utterance but the same was made in the shield of privilege
communication because he made them public out of legal, social and moral duty to
safeguard the sanctity of the election. The court ruled that because Brillante already
admitted that he named Binay, Prudente and their Associate as the person who
participated in the planning of the election-related terrorism, the determination of
Brillante’s culpability for libel hinges on the question of whether the statements were made
with malice.

Admission in the Pleadings

Admissions made in the pleadings of a party are deemed judicial admissions. This
includes admissions made in the complaint. Thus, they cannot be contradicted unless there
is a showing that it was made through palpable mistake or that no such admission was
made.

Admissions made in a motion are judicial admissions which are binding on the party
who made them. Such party is precluded from denying the same unless there is a proof of
palpable mistake (Herrera-Felix v. CA, 436 SCRA 87).

Implied admission of actionable documents

When an action or defense is founded upon a written instrument, the genuineness and
due execution of the same instrument shall be deemed admitted unless the adverse party,
under oath, specifically denies them and set forth what he claims to be the facts.
Otherwise, there is a judicial admission pursuant to sec. 8, Rule 9.
 Failure to deny the genuineness and due execution of an actionable document does
not preclude a party from arguing against the document by evidence of fraud, mistake,
compromise, payment, statute of limitations, estoppels, and want of consideration. He is
however precluded from arguing that the document is a forgery because the genuineness
of the document has been impliedly admitted by his failure to deny the same under oath.

Palpable Mistake

The mistake that would relieve the party from the effects of his admission is not any
mistake. It must be one that is palpable, a mistake that is clear to the mind or plain to see.
It is a mistake that is readily perceived by the senses or the mind.

Consequence of Judicial Admission

A party who judicially admits a fact cannot later challenge that fact, as judicial
admissions are waiver of proof; production of evidence is dispensed with. No evidence is
needed to prove judicial admission and it cannot be contradicted unless it is shown to have
been made through palpable mistake or that no such admission was made but despite the
presence of judicial admissions in a party’s pleading, the trial court is still given leeway to
consider other evidence presented because admissions may not necessarily prevail over
documentary evidence.

RULE 130
Rules of Admissibility
Explanatory Note for Rule 130 Section 1:
Object Evidence
It is the real thing itself consists of tangible things like gun, a broken glass, a piece of
bloody clothing or the defective ladder that caused the fall of the plaintiff.
It does not refer to the perception of the witness and recollection of that perception. It
is not a reconstruction of past events as related by a witness on the stand. It is not a verbal
description of something. It is not a replica or a mere representation of something.
NOTE: It appeals directly to the senses of the court. Instead of relying on the recollection of
the witnesses, an object evidence will enable the court to have its own first-hand
perception of the evidence.
Scope Of Object/Real Evidence:
1. Sense of vision
2. Sense of hearing (auditory)
3. Sense of touch (tactile)
4. Sense of taste (gustatory); and
5. Sense of smell (olfactory)

Effects If The Object Evidence Is Relevant To The Fact In Issue:

1. May be exhibited;
2. Examined; or
3. Viewed by the court.
4.
Requisites For The Admissibility Of Object Evidence
1. It must be relevant;
 2. It must be authenticated;
3. It must be identified by a competent witness;
4. It must be formally offered.

Explanatory Note for Rule 130 Section 2:

Scope of Documentary Evidence

Documents as evidence do not necessarily refer to writings. They may refer to any
other material like objects as long as the material contains letters, words, sounds or
numbers, figures, symbols or other modes of written expression and offered as proof of
their contents.

Under the amended Rules, Documentary evidence may include, still picture, drawings,
stored images, x-rays film, motion pictures or videos.

Categories Of Documents As Evidence

1. Writings
2. Any other materials containing modes of written expressions
3. Photographs

Requisites For Admissibility Of Documentary Evidence

1. The document must be relevant;

2. The evidence must be authenticated;
3. The document must be authenticated by a component
witness; and
 4. The document must be formally offered in evidence.

Note: The requirements for the authentication of an electronic document do not apply to all
electronic documents. Sec. 2 will only apply when the document is a private electronic
document and when the same is offered as an authentic document.

If the electronic document is offered simply for what it is or for what is claimed to be
regardless of whether or not it is authentic. Sec. 2 will not apply. The electronic document
has only to be identified pursuant to the suppletory application of Sec. 20, Rule 132.

Explanatory Note for Rule 130 Section 3:

Despite the word “best”, the rule does not proclaim itself as the highest and most
reliable evidence in the hierarchy of evidence. The word best has nothing to do with the
degree of its probative value in relation to other types of evidentiary rules. It does not
mean “most superior” evidence. More accurately, it is the original document, or the
primary evidence rule.

Original document must be produce otherwise it is not admissible. The exceptions are:

(f) When the original is lost or destroyed, or cannot be produced in court, without bad
faith on the part of the offeror;

(g) When the original is in the custody or under the control of the party against whom
the evidence is offered, and the latter fails to produce it after reasonable notice or
the original cannot be obtained by local judicial processes or procedures;
 (h) When the original consists of numerous accounts or other documents which
cannot be examined in court without great loss of time and the fact sought to be
established from them is only the general result of the whole; and

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

(j) When the original is not closely-related to a controlling issue

Note: There is no reason to apply this rule when the issue does not involve the contents
of a writing. The rule will come into play only when the subject of inquiry is the
contents of a document. The rule cannot be invoked unless the contents of a writing is
the subject of judicial inquiry, in which case, the best evidence is the original writing
itself.

Q: What is the reason for the adoption of the best evidence rule?

A: It is to prevent fraud or mistake in the proof of the contents of a writing.

In the case of Air France vs. Carrascoso, the court held that the testimony of a
witness that the pursuer made an entry in his notebook reading “First Class passenger
was forces to go to a tourist class against his will and that the captain refused to
intervene’ is competent and admissible because the subject of the inquiry is not the
entry but the ouster incident. It does not come within the prescription of the best
evidence rule.
Explanatory Note for Rule 130 Section 4:
The new rule provided for the expounded definition of original document and
duplicate.
An “original” of a document is the document itself or any counterpart intended to
have the same effect by a person executing or issuing it. An “original” of a
photograph includes the negative or any print therefrom. If data is stored in a
computer o similar device, any printout or other output readable by sight or other
means, shown to reflect the data accurately, an “original.”

A “duplicate” is a counterpart produced by the same impression as the original, or

from the same matrix, or by means of photography, including enlargements and
miniatures, or by mechanical or electronic re-recording, or by chemical reproduction,
or by other equivalent techniques which accurately reproduce the origina

A duplicate is admissible to the same extent as an original unless (1) a genuine

question is raised as to the authenticity of the original or (2) in the circumstances, it is
unjust or inequitable to admit the duplicate in lieu of the original.

Q: What if carbon sheets are inserted between two or more sheets of paper, and
the signature on the first sheet being reproduced in the sheets beneath by the
same stroke of the pen or writing medium?

A: All sheets are deemed as originals.

Note: Where a document is executed in duplicate or multiplicate form, each one of the
parts is primary evidence of the contents of the document, and the other need not to be
produced. In such case, each is deemed an original.
Explanatory Note for Rule 130 Section 5:
Secondary evidence is admissible when the original documents were actually lost or
destroyed. But prior to the introduction of such secondary evidence, the proponent must
establish the former existence of a document. The correct order of a proof is as follows:
existence; execution; loss; content. This order may be changed if necessary in the
discretion of the court.
Secondary evidence as to the content of a written instrument may be introduced not only
when the original has been lost or destroyed.

Explanatory Note for Rule 130 Section 6:

When the original document is in the custody or under the control or the party against
whom the evidence is offered, he must have reasonable notice to produce it, before
secondary evidence may be presented.
The mere fact that the document is in the hands of the opposite party does not
warrant the admission of copies or of other secondary evidence; to be entitled to
introduction of such evidence, the proponent must show that he has done all in his power
to secure the best evidence by giving to the adversary notice to produce the desired
document.

Explanatory Note for Rule 130 Section 7:

This section is a new provision added to the amended rules. This article is related to
Sec 3. ( c ) of Rule130. This is to provide a speedy disposition of cases.
Secondary Evidence is permissible; when the original consists of numerous accounts
or other documents which cannot be examined without great loss of time and the facts
sought to be established from them is only the general results of the whole.
Requisites:
a. There must be a proof of voluminous character of records;
b. The records and accounts should be made accessible to the adverse party so that the
correctness of summary may be tested on cross- examination
c. The general result sought to be proved is one capable of being ascertained by
calculation.

The result of an examination may be embraced in the form of abstract, schedule or

summary.

Explanatory Note for Rule 130 Section 8:

Proof of official record – the record of public documents referred to in paragraph (a) of
section 19, when admissible for any purpose, may be evidenced by an official publication
thereof or by a copy attested by the officer having the legal custody of the record or by his
deputy, and accompanied, if the record is not kept in the Philippines, with a certificate that
such officer has the custody. If the office in which the record is kept in a foreign country,
the certificate may be made by a secretary of the embassy or legation, consul general,
consul, vice consul, or consular agent or by any officer in the foreign service of the
Philippines stationed in a foreign country in which the record is kept and authenticated by
the seal of his office.

Explanatory Note for Rule 130 Section 9:

The mere production of documents upon the trial, pursuant to the notice duly served,
does not make such documents evidence, it is not until the party who demanded their
production examines them and offers them in evidence that they assume the status of
evidentiary matter.
Explanatory Note for Rule 130 Section 10:
The purpose of the rule is to give the stability to a written agreement and remove the
temptation and possibility of perjury, which would be afforded if parol evidence was
admissible. Written instrument is more reliable than human memory.
Written Agreement
It contains all the terms agreed upon and there can be between the parties and their
successor in interest, no evidence of such terms other than the contents of the written
agreement.
Requisites for Rule 130 Section 10 to apply:
1. Existence of a valid contract.
2. The term of the agreement was reduced in writing
3. Between the parties and their successors in interest
4. There is dispute as to the term of the agreement
Exception to the Parol Evidence:
1. Intrinsic ambuigity, mistake or imperfection in the written agreement
If the intent and meaning may be ascertained from the language of the writing it must
be construed to mean what it says and the evidence may not be received to give it some
meaning.
The Rule, however permits parol evidence, to explain an intrinsic ambuiguity. It is also
known as latent ambiguity. However the rule does not allow to explain extrinsic ambiguity.
2. The failure of the written agreement to express the true intent and agreement of the
parties thereto
 Evidence aliunde may be received where it is alleged that an agreement does not
express the true intent of the parties. When an issue squarely presented that a contract
does not express the true intention of the parties, court will, when proper foundation is laid
therefore hear evidence for the purpose of ascertaining the true intention of the parties.
3. The validity of a written agreement.
The rule making the exclusive evidence of the written agreement stated therein is not
applicable when the validity of such agreement is the fact in dispute.
4. The existence of the other term s agreed to by the parties or their successors in
interest after the execution of the written agreement.

Explanatory Note for Rule 130 Section 11:

It is not the province of the court to alter a contract by construction or to make a new
contract for the parties; its duty is confined to the interpretation of the one which they
made for themselves without regard to its wisdom or folly as the court cannot supply
material stipulation or read into a contract words which it does not contain. That which
agreed to is the law between the parties. Thus, obligations arising from the contracts have
the force of law between the contracting parties and should be complied with on good faith.
No Interpretation of the Contract Where the Term is Clear
It the terms of the Contract are clear and leave no doubt upon the intention of the
parties, the literal meaning of the stipulation shall control.
Note: The Title of the Contract does not necessarily determine its true nature.

Explanatory Note for Rule 130 Section 12:

 The various stipulation of a contract shall be interpreted together, attributing to the
doubtful ones that senses which may result from all of them taken jointly.

Explanatory Note for Rule 130 Section 13:

However general the terms of a contract may be, they shall not be understood to
comprehend things that are distinct and cases that are different from those upon which the
parties intended to agree. (Art 1372, Civil Code.
In the construction of an instrument, when the general and particular provisions are
inconsistent, the latter is paramount to the former.

Explanatory Note for Rule 130 Section 14:

In order to judge the intention of the parties, their comtemporaneous and subsequent
acts shall be principally considered.

Explanatory Note for Rule 130 Section 16:

It is well – settled rule that in case of repugnance exists between written and printed,
the written portion prevails.

Explanatory Note for Rule 130 Section 17:

The court may resort to experts and interpreter to be used in explaining certain
writings.

Explanatory Note for Rule 130 Section 18:

The interpretation of obscure words or stipulations in a contract shall not favor the
party who caused the obscurity. (Art 1377, Civil Code)
Explanatory Note for Rule 130 Section 19:
The right to redeem is a natural right, and a construction of a contract favoring it
should be followed.

Explanatory Note for Rule 130 Section 20:

The usage and custom of the place shall be borne in mind in the interpretation off the
ambiguities of a contract, and shall fill the omission of stipulations which ordinarily
established.

Explanatory Note for Rule 130 Section 21:

No amendment was made under this Rule. The Amended Rules on Evidence retains
the qualification of a witness under the old rule.
Witnesses Defined
In general, a witness is one, who, being present, personally sees or perceiving a thing,
a beholder, spectator, or eyewitness. One who testify to what he has seen, or heard, or
otherwise observed. Black’s Law Dictionary
Witness is a natural person whose statement and underoath are made on oral or
deposition of affidavit before any tribunal or otherwise subject to the qualification
prescribed by the law and absent of the disqualification made by the law.
What are the qualifications of a witness?
A:
1. He can perceive; and in perceiving
2. He can make known his perception to others.
 3. He must take either an oath or an affirmation (Sec. 1, Rule 132); and
4. He must not possess the disqualifications imposed by law or the rules.

Explanatory Note for Rule 130 Section 22:

Hearsay Rule

Hearsay is oral testimony or documentary evidence as to somebody’s (either the

testifying witness or someone else’s) words or actions outside of the court, where they are
offered to prove the truth of the very matter they assert.

It is mean that kind of evidence which does not derive its value solely from the credit
to be attached to the witness himself, but rests also in part on the veracity and competency
of some other person from whom the witness has received his information.

Rationale:

Underlying the rule against hearsay are serious concerns about the worth of hearsay
evidence.

The Element of Hearsay are:

1. An assertion or conduct amounting to assertion

2. Made or done by someone other than the testifying witness on the stand; in other
words, by out of court declarant or actor.
 3. Which is offered to prove the truth of the matter asserted at the trial in which it is
offered.

Explanatory Note for Rule 130 Section 23:

Rationale:

The reason why one may not testify for the other is to obviate perjury and against the
other is to prevent domestic disunity and unhappiness.

Other reason for disqualification are:

1. Identity of Interest. The spouses are two souls in one flesh

2. The consequent danger of perjury
3. The policy of the law which deem it necessary to guard the security and confidence of
private life even at the risk of occasional failure of justice, and which rejects such
evidence because its admission would lead to domestic disunion and unhappiness.
4. Where want of domestic tranquility exist, there is danger of punishing one spouse
through the hostile testimony of the other

Exception

In the case of People vs Francisco, the court held that the wife can testify when the
identity of interest disappears and the consequent danger of perjury based on the identity
is no longer existent.

Explanatory Note for Rule 130 Section 24:

Privilege
A privilege is a rule of law that, to protect a particular relationship or interest, either
permits a witness to refrain from giving the testimony he otherwise could be compelled to
give, or permit someone or usually one of the parties, to prevent the witness from
revealing certain information.
Requisites for the privilege communication between husband and wife

1. That the spouses must have been legally married;

2. That the privilege is claimed, with regards to communication, oral, or written, made
during the marriage
3. That said communication was made confidentially
4. That the action or proceeding where the privilege is claimed is not by one spouse
against the other
Privileged Communication Between Attorney and Client
The purpose is to encourage full disclosure by the client to her attorney of all pertinent
matters, so as to further the administration of justice. Under the amended rules, this
privilege also covered person reasonably believed by the client, to be licensed to engage in
the practice of law, other person assisting the attorney.
Exceptions:
(i) Furtherance of a crime or fraud. If the service or advice of a lawyer were sought or
obtained to enable or aid anyone to commit or plan to commit what the client knew or
reasonably should have known to be a crime or fraud;
(ii) Claimants through same deceased client. As to a communication relevant to an issue
between parties who claim through the same deceased client, regardless of whether the
claim are by testate or intestate or by inter vivos transaction;
(iii) Breached of duty by lawyer or client. As to a communication relevant to an issue of
breach of duty by the lawyer to his or her client, or by the client to his or her lawyer;
(iv) Document attested by the lawyer. As to a communication relevant to an issue
concerning an attested document to which the lawyer is an attesting witness; or
(v) Joint client. As to a communication relevant to a matter of common interest between
two or more clients if the communication was made by any of them to a lawyer retained or
consulted in common, when offered in an action between any of the clients, unless they
have expressly agreed otherwise.
Privileged Communication Between Person Licensed To Practice Medicine Or
Believed By The Patient To Person Licensed To Practice Medicine
Requisites:
1. The privilege is claimed in a civil case
2. The person acquired the information while he was attending to the patient in his
capacity
3. The information was necessary to enable him to act in his capacity
4. The information was confidential and, if disclosed would blacken the reputation of the
patient.
A “psychotherapist” is:
(a) A person licensed to practice medicine engaged in the diagnosis or treatment of a
mental or emotional condition, or
(b) A person licensed as psychologist by the government while similarly engaged.
Privileged Communication Between Priest and Penitent
This includes those person reasonably believed by the person to be Minister, or priest.
Rationale: It would be an annulment of Confessional Institution if the secrecy of confession
is not maintained.

Privileged Communication Made by or to a Public Officer During or after His Term

The old rule only covered those information made during his tenure, but it was
amended and now it also include those information made to or by the public officer after
his tenure in his or her official capacity.

Explanatory Note for Rule 130 Section 25:

What is parental privilege rule?

A: A parent cannot be compelled to testify against his child or direct descendants.

Q: What is filial privilege?

A: A child may not be compelled to testify against his parents or direct ascendants.

Q: May the person voluntarily testify against his parents or children?

A: Yes.
Q: What is the scope of this rule?

A: It applies to both criminal and civil cases since the rule does not make any distinction.

Exception:

When the testimony is indispensable in a crime against that person or by one parent
against the other.

Explanatory Note for Rule 130 Section 26:

The amended rule includes privilege relating to trade. A person cannot be compelled to
testify about any trade secret, unless the non-diclosure will conceal fraud or otherwise work
injustice. When disclosure is directed, the court shall take such protective measure as the
interest of the owner of the trade secret and the parties and the furtherance of justice ma
require.

Explanatory Note for Rule 130 Section 27:

Admission – is any extra-judicial statement or conduct by a party to the present litigation
that is inconsistent with a position the party presently takes. It does not have
to be an admission “against interest”; it may even be partially self-serving. The only
requirement is that it turns out to be contrary to the party’s present position.
Q: What are the exceptions to the hearsay rule?
A:
1. Dying declarations (Sec. 37, Rule 130);
2. Declaration against interest (Sec. 38, Rule 130);
3. Act or declaration against pedigree (Sec. 39, Rule 130);
4. Family reputation or tradition regarding pedigree (Sec.40, Rule 130);
5. Common reputation (Sec.41, Rule 130);
6. Part of the res gestae (Sec.42, Rule 130);
7. Entries in the course of business (Sec.43, Rule 130);
8. Commercial lists and the like (Sec.45, Rule 130);
9. Learned treatises (Sec.46, Rule 130); and
10. Testimony or deposition at a former trial (Sec.47, Rule 130)

Admissions vs Confession

Confession is the declaration of an accused expressly acknowledging his guilt of the offense
charged or of any offenses necessarily include therein. Whereas Admission is the statement
of the accused, direct or implied of facts, to prove his guilt

Requisites for Admissibility

1. The act, declaration must have been made by a party, or by one who is legally bound;
2. The admission must be as to a relevant fact; and
3. The admission may only be given in evidence against him

Explanatory Note for Rule 130 Section 28:

Offer Of Compromise In Criminal Cases

An offer of compromise by the accused may be received in evidence as an implied

admission of guilt.

There is no implied admission of guilt if the offer of compromise is in relation to:

 a. Quasi-offenses (criminal negligence)
b. In those cases allowed by law to be compromised
Offer Of Compromise In Civil Cases

In civil cases, an offer of compromise is not an admission of any liability, and is not an
admission against the offeror.

Explanatory Note for Rule 130 Section 29:

Res inter alios acta alteri nocere non debet literally means that “things done
between strangers ought not to injure those who are not parties to them”

Q: What are the 2 branches of this rule? A:

1. The rule that the rights of a party cannot be prejudiced by an act, declaration, or
omission of another;
2. The rule that evidence of previous conduct or similar acts at one time is not admissible
to prove that one did or did not do same act another time.

Exceptions To The Res Inter Alios Acta Rule

(First Branch)?

1. Admission by a co-partner or agent

2. Admission by a co-inspirator
3. Admission by privies
Explanatory Note for Rule 130 Section 30:

Whatever is said by an agent to a third person, during the course of the agency and
within the scope of his actual or apparent authority, relative to the business contemplated
by the agency, is for legal purposes also the statement of the principal and is therefore,
admissible against said principal.

The declarations of a partner may be admissible against the other partners of the
partnership.

Q: Not every declaration or act made or done by a partner or agent is admissible against
the other partners or the principal. For the admission of a co-partner or agent to be
admissible, what are the requisites which must concur?

A:

1. The declaration or act of the partner and agent must have been made or done within
the scope of his authority

2. The declaration or act of the partner and agent must have been made or done during
the existence of the partnership or agency

3. The existence of the partnership or agency is proven by evidence other than the
declaration or act of the partner or agent.

Q: What is the rule regarding any declaration made before the partnership or agency
existed?
A: They are not admissible against the partners or the principal but remains admissible
against the partner or agent making the declaration. It is also necessary for the application
of the exception that the proof of the agency or partnership be from an source independent
of the declaration made by the partner or agent.

NOTE: The above rules also apply to the declarations or acts of a joint owner, joint debtor,
or other persons jointly interested with the party.

Explanatory Note for Rule 130 Section 31:

Conspiracy

When two or more persons come to an agreement concerning the commission of a felony
and decide to commit it (Art. 8, RPC).

Effect of Conspiracy- Once conspiracy is proven, the act of one is the act of all.

Requisites:

1. The declaration or act be made or done during the existence of the conspiracy
2. The declaration or act must relate to the conspiracy
3. The conspiracy must be shown by evidence other than the declaration or act.

NOTE: Incriminating declarations of co-conspirators made in the absence or without the

knowledge of the others after the conspiracy has come to an end is inadmissible.
G.R.: An extrajudicial confession made by an accused is admissible against him but not
admissible against his co- accused who took no part in the confession

XPN: When the declarant or admitter repeats in court his extra-judicial confession during
the trial and the other accused is accorded the opportunity to cross-examine the admitter,
such confession or admission is admissible against both accused.

Distinguish judicial and extra-judicial confession.

EXTRA-JUDICIAL JUDICIAL
May be given in evidence against Admissible against the
the confessant but not against his declarant’s co-accused since the
co-accused since the latter arelatter are afforded the
not afforded the opportunity to opportunity to cross-examine the
cross-examine him former.
When the extra-judicial admission of a conspirator is
confirmed at the trial, it ceases to be hearsay.

Q: The res inter alios acta provides that the rights of a party cannot be
prejudiced by an act, declaration, or admission of another. Consequently, an
extra-judicial confession is binding only upon the confession and is not
admissible against his co-accused. What is the basis for this?

A: On a principle of good faith and mutual convenience, a man’s own acts are binding upon
himself, and are evidence against him. So are his conduct and declarations.

Explanatory Note for Rule 130 Section 32:

Privies

The word “privies” denotes the idea of succession not only by right of heirship and
testamentary legacy, but also that of succession by singular title, derived from acts inter
vivos as by assignment, subrogation or purchase – in fact any act whereby the successor is
substituted in the place of predecessor in interest. The purchaser at an execution sale is,
therefore, a privy to the execution debtor.

Requisites :

1.. There must be an act, declaration or an omission by a predecessor-in-interest

2. The act, declaration, or omission of the predecessor must have occurred while he was
holding the title to the property
3. The act, declaration or omission must be in relation to the property.

Explanatory Note for Rule 130 Section 33:

Admission By Silence; “Admissible Evidence”

The usual pattern for its admissibility involves a statement by a person in the presence of
a party to the action, criminal or civil. The statement contains assertions against the
party, which, if untrue would be sufficient cause for the party to deny. His failure to speak
against the statement is admissible as an admission.
The idea of the rule on admission by silence is that if an accusation is made, and a
reasonable person would have denied the same if it were false, the failure to deny the
accusation by the person accused may be construed as an implied admission of the truth
of the accusation and may be given in evidence against him.

Not every silence is an implied admission. The silence of a person under investigation for
the commission of an offense should not be construed as an admission by silence because
of constitutional reasons (R.A. 7438, Sec. 2 (b)).

Requisites for admission by silence:

1. That he heard and understood the statement;

2. That he was at liberty to make a denial;
3. That the statement was about a matter affecting his rights or in which he was
interested and which naturally calls for a response;
4. That the facts were within his knowledge; and
5. That the fact admitted from his silence is material to the issue.

Explanatory Note for Rule 130 Section 34:

Confession to be admissible must:

1. It must be express
2. Voluntary
3. With Assistance of Competent and independent counsel
4. Must be in writing
The Custodial investigation report shall be reduced to writing by the investigating
officer, that the report is signed or thumbmarked, if the person arrested or detained does
not know how to read and write, it shall be read and adequately explained to him by a
counsel or by assisting counsel provided by the investigating officer, otherwise, it shall be
null and void.
Custodial Investigation – is the questioning initiated by law enforcement officers after a
person has been taken custody or otherwise deprived of his freedom of action in any
significant way.
Note: Confession made not under custodial investigation, even though the requisite
mentioned above is lacking is admissible.

Explanatory Note for Rule 130 Section 35:

The first branch holds that whatever one says or does or omits to do should only affect him
but should not affect or prejudice others. Man’s actions and declarations should affect him
alone and should not affect others. Thus, if X makes a statement before the media
admitting his participation on a murder, his statement is admissible against him under Sec.
26 of Rule 130.

Explanatory Note for Rule 130 Section 130 Section 37:

This is a new provision that provide for the definition of hearsay.

Explanatory Note for Rule 130 Section 130 Section 38:

The dying declarations are the ante mortem statements made by a person after the mortal
wound has been inflicted, under a belief that death is certain, stating the facts concerning
the cause of, and the circumstances surrounding the attack.

The requisite for its admissibility are as follows:

 1. The declaration must concern the cause and surrounding circumstances of the
declarant’s death
2. That the time the declaration was made, death was immenent
3. That the declarant is a competent witness
4. That the declarant is offered in any case in which the declarant’s death is the subject
of the inquiry.

Explanatory Note for Rule 130 Section 130 Section 40:

People normally speak freely and with untruth when the statement is in their interest, but
are usually unwilling to speak falsely against their interest.

This is founded on the necessity on account of the impossibility of obtaining other evidence
from the same source, the declarant being unavailable in person to testify on the stand on
account of death, absence from the jurisdiction or serious illness.

It refers to a declaration made by a person who at the time of his declaration is presented
in evidence is already dead or is unable to testify. It must be one which when made, was
known to the declarant himself to be against his interest, pecuniary or moral, and which
would not have been made unless he believed it to be true. It is not enough that a
declaration against interest was made. It is necessary that the declarant knew that the
statement was against his interest and which he would not have made had it not be true.

E.g. a statement by the debtor that he owes the creditor a sum of money, or an
acknowledgement by the principal that he received the money previously entrusted to his
agent, are clear declarations against the interest of the person making the statement.

Explanatory Note for Rule 130 Section 130 Section 41:

Q: What does pedigree include?

A: It includes relationship, family genealogy, birth, marriage, death, the dates when and
the places where these facts occurred, and the names of the relatives. It also embraces
facts of family history intimately connected with pedigree.

Requisites:
1. That the declarant is dead, or unable to testify;
2. That the declarant is related by birth or marriage to the person whose pedigree is in
issue;
3. The declaration was made before the controversy; and
4. The relationship between the 2 persons is shown by evidence other than such act or
declaration.

Explanatory Note for Rule 130 Section 42:

Rationale: This exception, like the preceding one, has been recognized upon the ground of
necessity, since tradition is often the sole method by which proof of matters of pedigree
can be obtained, while the limitation to which it is subjected give an excellent illustration
of the third great distinguishing principle of English law of evidence, that all must be
proved, if it all, by best evidence of which of which they are susceptible. As the members
of the family are always those most likely to be best acquainted with the nature of the ties
of relationship by which they are united to each other, and to have the fullest information
in regard to such matter of family history, the declaration admitted for the purpose of
establishing such facts are restricted to the statement of the family by marriage with one
so related to it.

Explanatory Note for Rule 130 Section 43:

The Reputation of a person is the common report which other make about him, to talk
about him that shows the opinion which he is held to the community

Common reputation- As used in the law of evidence, reputation is the prevailing belief in
the community as to the existence of a certain fact or aggregation of facts.

Reputation vs Rumor

Reputation implies the definite and final formation of opinion by the community while
Rumor implies merely a report that is not yet fully credited

When admissible:
1. Matters of public interest more than 30 years old;
2. Matter of general interest more than 30 years old;
3. Respecting marriage and moral character

Explanatory Note for Rule 130 Section 44:

Q: To be part of the res gestae, what is the requirement?

A: The statement should have been made by a person while a startling occurrence is taking
place or immediately prior to or subsequent to such startling occurrence.

Etymological Meaning of Res Gestae

It means things done. It was originally used by the courts in the other side of the world in
the early 1800’s to create hearsay exceptions whenever it was difficult to justify the
admission of a piece of hearsay evidence at a time when the hearsay theory was far from
being developed in the law of evidence.

It was used as a justification to escape from the strict application of the hearsay rule.

Res gestae is said to have reference to events speaking by themselves through the
instinctive words and acts of participants when narrating the events. What is done or said
by the participants under the immediate spur of transaction becomes part of the
transaction.

Rationale:

It is the event that speaks for itself through the spontaneous words or instinctive words or
conduct of the witness and not the witness for and about the event.

The use of the term res gestae has falledn out of favor and acts formerly called parts of
the res gestae are now designated by specific names.

The judicial dislike for use of the term res gestae is clearly expressed in an Amercian case
when it considered the phrase as “accountable for so much confusion that it had best be
denied any place whatever in legal terminology; if it means anything but an unwillingness
to think at all, what it covers cannot be put in less intelligible terms (U.S. v. Matot).

Explanatory Note for Rule 130 Section 46:

Requisites:

1. That the entry was made by a public officer, or by

another person specially enjoined by law to do so;
2. That it was made by the public officer in the performance of his duties, or by such
other person in the performance of a duty specially enjoined by law; and
3. That the public officer or other person had sufficient knowledge of the facts by him
stated, which must have been acquired by him personally or through official information.

Explanatory Note for Rule 130 Section 47:

Q: What is the rule for such commercial lists and reports of matters of interest be
admissible?
A: They must be made by persons engaged in that occupation and are generally used and
relied upon by them and those lists and reports are published.

Explanatory Note for Rule 130 Section 48:

History books, published findings of scientists fall within this exception if an expert on the
subject testifies to the expertise of the writer or if the court takes judicial notice of such
fact.

Explanatory Note for Rule 130 Section 49:

Requisites:
1. The testimony or depositors of a witness deceased or unable to testify;
2. The testimony was givem in a former case or proceeding, judicial or administrative;
3. Involving the same parties
4. Relating to the same matter
5. The adverse party having had and opportunity to cross examine him.
Explanatory Note for Rule 130 Section 51:

Opinion

An opinion is an inference or conclusion drawn from facts observed.

The Opinion Rule

Where the data observed can be exactly and fully reproduced by the witness so that
the witness so that the court can equally well draw any inference from the witness opinion
is not wanted, and will be excluded

Explanatory Note for Rule 130 Section 52:

Expert Evidence – is the testimony of one possessing in regard to a particular subject or

department of human activity knowledge not usually acquired by other person.

Q: Is the court bound by the opinion of an expert such as a handwriting expert?

A: No. Expert opinion evidence is to be considered or weighed by the court like any other
testimony, in the light of its own general knowledge and experience upon the subject of
inquiry. The probative force does not lie in a mere statement of his theory or opinion but
rather in the aid that he can render to the courts in showing the facts which serve as a
basis for his criterion and the reasons upon which the logic of his conclusion is founded
(Dizon v. Tuazon, 2008).

Q: Is the resort to expert witnesses mandatory?

A: No.
NOTE: Experts opinions are not ordinarily conclusive. When faced with conflicting expert
opinions, courts give weight and credence to that which is more complete, through and
scientific (Bacalso v. Padigos, 2008).

Explanatory Note for Rule 130 Section 53:

Admissibility of the opinion of an ordinary witness:

1. The identity of a person about whom the witness has adequate knowledge
2. The handwriting of the person of which the witness has adequate knowledge
3. The material sanity of a person with whom he is sufficiently acquainted

The impressions of the witness on the emotion, behavior, condition or appearance of a

person

Explanatory Note for Rule 130 Section 54:

Character Evidence
Evidence of the general character of a party or witness almost has some probative
value, but in many situations, the probative value is slight and potential for prejudice large.
In other circumstances, the balance shift the other way.

Reputation

Reputation depends on the attributes which others believe one to possess. Character
signifies reality while reputation signifies what is accepted to be reality at present.
REPUTATION CHARACTER REPUTATION
What the person really is What he is supposed to be in
accordance with what people
say he is, and is dependent on
how people perceive a
person to be

Q: Is character of the accused admissible?

A: No. The rule is that the character or reputation of a party is regarded as legally
irrelevant in determining a controversy, so that evidence relating thereto is not admissible
(People v. Lee, 2002).

RULE 131

Burden of Proof and Presumptions

Explanatory Note for Rule 131 Section 1:

Onus probandi refers to the obligation of a party to the litigation to persuade the court
that he is entitled to relief.

For the defendant, an affirmative defense is one which is not a denial of an essential
ingredient in the plaintiff’s, but one which, if established will be a good defense—i.e., an
avoidance of the claim (Supreme Transliner v. CA, 370 SCRA 41).
Q: To whom the burden of proof lies?

A: It lies with the party who alleges the existence of a fact or thing necessary in the
prosecution or defense of an action.

A mere allegation is not evidence, and he who has the burden of proving his allegation with
the requisite quantum of evidence (Clado-Reyes v. Limpe, 2008).

NOTE: In civil cases, plaintiffs have the burden of proving the material allegations of the
complaint when those are denied by the answer, and the defendants have the burden of
proving the material allegations in the answer when they introduce new matters.

Q: Is it correct to say that the burden of proof solely rests on the shoulders of
the plaintiff?

A: No. The burden of proof, under clear terms of Sec. 1 of Rule 131 is the duty of a party to
present evidence not only to establish a claim but a defense.

Explanatory Note for Rule 131 Section 2:

What is the basis of the Conclusive presumptions under the Rules of Court?

A: They are based on the doctrine of estoppel. Under this doctrine, the person making the
representation cannot claim benefit from the wrong he himself committed.

Q: What is the common term for the first conclusive presumption?

A: Estoppel in pais or estoppel by conduct

Explanatory Note for Rule 131 Section 3:

The presumption of innocence is founded upon the first principles of justice. Its purpose is
to balance the scales in what could otherwise be an uneven contest between the lone
individual pitted against the People and all the sources at their command. The accused
must be acquitted and set free if his guilt cannot be proved beyond the whisper of a doubt.
Accordingly, conflicts in evidence must be resolved upon the theory of innocence rather
than upon a theory of guilt when it is possible to do so (People v. Alvario, G.R. No. 120437).