REVISED RULES ON EVIDENCE (Rules 128-134, Rules of Court) AS AMENDED ER RESOLU!ION ADO !ED ON MARC" 14, 1#8# AR!

IV RULES O$ EVIDENCE RULE 128 %e&er'l ro()s)o&s Se*t)o& 1+ Evidence defined. Evidence is the means, sanctioned by these rules, of ascertaining in a judicial proceeding the truth respecting a matter of fact. (1) Se*t)o& 2+ Scope. The rules of evidence shall be the same in all courts and in all trials and hearings, except as other ise provided by la or these rules. (!a) Se*t)o& 3+ Admissibility of evidence. Evidence is admissible not excluded by the la of these rules. ("a) hen it is relevant to the issue and is

Se*t)o& 4+ Relevancy# collateral matters. Evidence must have such a relation to the fact in issue as to induce belief in its existence or non$existence. Evidence on collateral matters shall not be allo ed, except hen it tends in any reasonable degree to establish the probability or improbability of the fact in issue. (%a) RULE 12# ,-'t Nee. Not /e ro(e. Se*t)o& 1+ Judicial notice, when mandatory. & court shall ta'e judicial notice, ithout the introduction of evidence, of the existence and territorial extent of states, their political history, forms of government and symbols of nationality, the la of nations, the admiralty and maritime courts of the orld and their seals, the political constitution and history of the (hilippines, the official acts of legislative, executive and judicial departments of the (hilippines, the la s of nature, the measure of time, and the geographical divisions. (1a) Se*t)o& 2+ Judicial notice, when discretionary. & court may ta'e judicial notice of matters hich are of public 'no ledge, or are capable to un)uestionable demonstration, or ought to be 'no n to judges because of their judicial functions. (1a) Se*t)o& 3+ Judicial notice, when hearing necessary. *uring the trial, the court, on its o n initiative, or on re)uest of a party, may announce its intention to ta'e judicial notice of any matter and allo the parties to be heard thereon. &fter the trial, and before judgment or on appeal, the proper court, on its o n initiative or on re)uest of a party, may ta'e judicial notice of any matter and allo the parties to be heard thereon if such matter is decisive of a material issue in the case. (n)

Se*t)o& 4+ Judicial admissions. &n admission, verbal or ritten, made by the party in the course of the proceedings in the same case, does not re)uire proof. The admission may be contradicted only by sho ing that it as made through palpable mista'e or that no such admission as made. (!a) RULE 130 Rules of A.1)ss)2)l)t3 A+ O/4EC! (REAL) EVIDENCE Se*t)o& 1+ Object as evidence. +bjects as evidence are those addressed to the senses of the court. ,hen an object is relevant to the fact in issue, it may be exhibited to, examined or vie ed by the court. (1a) /+ DOCUMEN!AR5 EVIDENCE Se*t)o& 2+ Documentary evidence. *ocuments as evidence consist of riting or any material containing letters, ords, numbers, figures, symbols or other modes of ritten expression offered as proof of their contents. (n) 1+ /est E().e&*e Rule Se*t)o& 3+ Original document must be produced# e ceptions. ,hen the subject of in)uiry is the contents of a document, no evidence shall be admissible other than the original document itself, except in the follo ing cases(a) ,hen the original has been lost or destroyed, or cannot be produced in court, faith on the part of the offeror# (b) ,hen the original is in the custody or under the control of the party against evidence is offered, and the latter fails to produce it after reasonable notice# ithout bad hom the

(c) ,hen the original consists of numerous accounts or other documents hich cannot be examined in court ithout great loss of time and the fact sought to be established from them is only the general result of the hole# and (d) ,hen the original is a public record in the custody of a public officer or is recorded in a public office. (!a) Se*t)o& 4+ Original of document. (a) The original of the document is one the contents of hich are the subject of in)uiry. (b) ,hen a document is in t o or more copies executed at or about the same time, identical contents, all such copies are e)ually regarded as originals. ith

(c) ,hen an entry is repeated in the regular course of business, one being copied from another at or near the time of the transaction, all the entries are li'e ise e)ually regarded as originals. ("a) 2+ Se*o&.'r3 E().e&*e Se*t)o& 6+ !hen original document is unavailable. ,hen the original document has been lost or destroyed, or cannot be produced in court, the offeror, upon proof of its execution or existence and the cause of its unavailability ithout bad faith on his part, may prove its contents by a copy, or by a recital of its contents in some authentic document, or by the testimony of itnesses in the order stated. (%a) Se*t)o& 7+ !hen original document is in adverse party"s custody or control . .f the document is in

the custody or under the control of adverse party, he must have reasonable notice to produce it. .f after such notice and after satisfactory proof of its existence, he fails to produce the document, secondary evidence may be presented as in the case of its loss. (/a) Se*t)o& 8+ Evidence admissible when original document is a public record . ,hen the original of document is in the custody of public officer or is recorded in a public office, its contents may be proved by a certified copy issued by the public officer in custody thereof. (!a) Se*t)o& 8+ #arty who calls for document not bound to offer it . & party ho calls for the production of a document and inspects the same is not obliged to offer it as evidence. (0a) 3+ 'rol E().e&*e Rule Se*t)o& #+ Evidence of ritten agreements. ,hen the terms of an agreement have been reduced to riting, it is considered as containing all the terms agreed upon and there can be, bet een the parties and their successors in interest, no evidence of such terms other than the contents of the ritten agreement. 1o ever, a party may present evidence to modify, explain or add to the terms of he puts in issue in his pleading(a) &n intrinsic ambiguity, mista'e or imperfection in the ritten agreement# (b) The failure of the thereto# ritten agreement to express the true intent and agreement of the parties ritten agreement if

(c) The validity of the ritten agreement# or (d) The existence of other terms agreed to by the parties or their successors in interest after the execution of the ritten agreement. The term 2agreement2 includes ills. (3a) 4+ I&ter9ret't)o& Of Do*u1e&ts Se*t)o& 10+ $nterpretation of a writing according to its legal meaning. The language of a riting is to be interpreted according to the legal meaning it bears in the place of its execution, unless the parties intended other ise. (4) Se*t)o& 11+ $nstrument construed so as to give effect to all provisions . .n the construction of an instrument, here there are several provisions or particulars, such a construction is, if possible, to be adopted as ill give effect to all. (5) Se*t)o& 12+ $nterpretation according to intention# general and particular provisions. .n the construction of an instrument, the intention of the parties is to be pursued# and hen a general and a particular provision are inconsistent, the latter is paramount to the former. 6o a particular intent ill control a general one that is inconsistent ith it. (17) Se*t)o& 13+ $nterpretation according to circumstances. 8or the proper construction of an instrument, the circumstances under hich it as made, including the situation of the subject thereof and of the parties to it, may be sho n, so that the judge may be placed in the position of those ho language he is to interpret. (11) Se*t)o& 14+ #eculiar signification of terms. The terms of a riting are presumed to have been used in their primary and general acceptation, but evidence is admissible to sho that they have a local, technical, or other ise peculiar signification, and ere so used and understood in the particular instance, in hich case the agreement must be construed accordingly. (1!)

Se*t)o& 16+ !ritten words control printed. ,hen an instrument consists partly of ritten partly of a printed form, and the t o are inconsistent, the former controls the latter. (1")

ords and

Se*t)o& 17+ E perts and interpreters to be used in e plaining certain writings . ,hen the characters in hich an instrument is ritten are difficult to be deciphered, or the language is not understood by the court, the evidence of persons s'illed in deciphering the characters, or ho understand the language, is admissible to declare the characters or the meaning of the language. (1%) Se*t)o& 18+ Of %wo constructions, which preferred. ,hen the terms of an agreement have been intended in a different sense by the different parties to it, that sense is to prevail against either party in hich he supposed the other understood it, and hen different constructions of a provision are other ise e)ually proper, that is to be ta'en hich is the most favorable to the party in hose favor the provision as made. (1/) Se*t)o& 18+ &onstruction in favor of natural right. ,hen an instrument is e)ually susceptible of t o interpretations, one in favor of natural right and the other against it, the former is to be adopted. (10) Se*t)o& 1#+ $nterpretation according to usage. &n instrument may be construed according to usage, in order to determine its true character. (13) C+ !ES!IMONIAL EVIDENCE 1+ :u'l)f)*'t)o& of ,)t&esses Se*t)o& 20+ !itnesses# their 'ualifications. Except as provided in the next succeeding section, all persons ho can perceive, and perceiving, can ma'e their 'no n perception to others, may be itnesses. 9eligious or political belief, interest in the outcome of the case, or conviction of a crime unless other ise provided by la , shall not be ground for dis)ualification. (14a) Se*t)o& 21+ Dis'ualification by reason of mental incapacity or immaturity. The follo ing persons cannot be itnesses(a) Those hose mental condition, at the time of their production for examination, is such that they are incapable of intelligently ma'ing 'no n their perception to others# (b) :hildren hose mental maturity is such as to render them incapable of perceiving the facts respecting hich they are examined and of relating them truthfully. (15a) Se*t)o& 22+ Dis'ualification by reason of marriage. *uring their marriage, neither the husband nor the ife may testify for or against the other ithout the consent of the affected spouse, except in a civil case by one against the other, or in a criminal case for a crime committed by one against the other or the latter;s direct descendants or ascendants. (!7a) Se*t)o& 23+ Dis'ualification by reason of death or insanity of adverse party . (arties or assignor of parties to a case, or persons in hose behalf a case is prosecuted, against an executor or administrator or other representative of a deceased person, or against a person of unsound mind, upon a claim or demand against the estate of such deceased person or against such person of unsound mind, cannot testify as to any matter of fact occurring before the death of such deceased person or before such person became of unsound mind. (!7a) Se*t)o& 24+ Dis'ualification by reason of privileged communication. The follo ing persons cannot testify as to matters learned in confidence in the follo ing cases(a) The husband or the ife, during or after the marriage, cannot be examined ithout the consent of the other as to any communication received in confidence by one from the other

during the marriage except in a civil case by one against the other, or in a criminal case for a crime committed by one against the other or the latter;s direct descendants or ascendants# (b) &n attorney cannot, ithout the consent of his client, be examined as to any communication made by the client to him, or his advice given thereon in the course of, or ith a vie to, professional employment, nor can an attorney;s secretary, stenographer, or cler' be examined, ithout the consent of the client and his employer, concerning any fact the 'no ledge of hich has been ac)uired in such capacity# (c) & person authori<ed to practice medicine, surgery or obstetrics cannot in a civil case, ithout the consent of the patient, be examined as to any advice or treatment given by him or any information hich he may have ac)uired in attending such patient in a professional capacity, hich information as necessary to enable him to act in capacity, and hich ould blac'en the reputation of the patient# (d) & minister or priest cannot, ithout the consent of the person ma'ing the confession, be examined as to any confession made to or any advice given by him in his professional character in the course of discipline enjoined by the church to hich the minister or priest belongs# (e) & public officer cannot be examined during his term of office or after ards, as to communications made to him in official confidence, hen the court finds that the public interest ould suffer by the disclosure. (!1a) 2+ !est)1o&)'l r)()le;e Se*t)o& 26+ #arental and filial privilege. =o person may be compelled to testify against his parents, other direct ascendants, children or other direct descendants. (!7a) 3+ A.1)ss)o&s '&. Co&fess)o&s Se*t)o& 27+ Admission of a party. The act, declaration or omission of a party as to a relevant fact may be given in evidence against him. (!!) Se*t)o& 28+ Offer of compromise not admissible. .n civil cases, an offer of compromise is not an admission of any liability, and is not admissible in evidence against the offeror. .n criminal cases, except those involving )uasi$offenses (criminal negligence) or those allo ed by la to be compromised, an offer of compromised by the accused may be received in evidence as an implied admission of guilt. & plea of guilty later ithdra n, or an unaccepted offer of a plea of guilty to lesser offense, is not admissible in evidence against the accused ho made the plea or offer. &n offer to pay or the payment of medical, hospital or other expenses occasioned by an injury is not admissible in evidence as proof of civil or criminal liability for the injury. (!%a) Se*t)o& 28+ Admission by third party. The rights of a party cannot be prejudiced by an act, declaration, or omission of another, except as hereinafter provided. (!/a) Se*t)o& 2#+ Admission by co(partner or agent. The act or declaration of a partner or agent of the party ithin the scope of his authority and during the existence of the partnership or agency, may be given in evidence against such party after the partnership or agency is sho n by evidence other than such act or declaration. The same rule applies to the act or declaration of a joint o ner, joint debtor, or other person jointly interested ith the party. (!0a) Se*t)o& 30+ Admission by conspirator. The act or declaration of a conspirator relating to the conspiracy and during its existence, may be given in evidence against the co$conspirator after the

conspiracy is sho n by evidence other than such act of declaration. (!3) Se*t)o& 31+ Admission by privies. ,here one derives title to property from another, the act, declaration, or omission of the latter, hile holding the title, in relation to the property, is evidence against the former. (!4) Se*t)o& 32+ Admission by silence. &n act or declaration made in the presence and ithin the hearing or observation of a party ho does or says nothing hen the act or declaration is such as naturally to call for action or comment if not true, and hen proper and possible for him to do so, may be given in evidence against him. (!"a) Se*t)o& 33+ &onfession. The declaration of an accused ac'no ledging his guilt of the offense charged, or of any offense necessarily included therein, may be given in evidence against him. (!5a) 4+ re()ous Co&.u*t 's E().e&*e Se*t)o& 34+ Similar acts as evidence. Evidence that one did or did not do a certain thing at one time is not admissible to prove that he did or did not do the same or similar thing at another time# but it may be received to prove a specific intent or 'no ledge# identity, plan, system, scheme, habit, custom or usage, and the li'e. (%4a) Se*t)o& 36+ )naccepted offer. &n offer in riting to pay a particular sum of money or to deliver a ritten instrument or specific personal property is, if rejected ithout valid cause, e)uivalent to the actual production and tender of the money, instrument, or property. (%5a) 6+ !est)1o&)'l <&o=le.;e Se*t)o& 37+ %estimony generally confined to personal *nowledge # hearsay e cluded. & itness can testify only to those facts hich he 'no s of his personal 'no ledge# that is, hich are derived from his o n perception, except as other ise provided in these rules. ("7a) 7+ E>*e9t)o&s !o !-e "e'rs'3 Rule Se*t)o& 38+ Dying declaration. The declaration of a dying person, made under the consciousness of an impending death, may be received in any case herein his death is the subject of in)uiry, as evidence of the cause and surrounding circumstances of such death. ("1a) Se*t)o& 38+ Declaration against interest. The declaration made by a person deceased, or unable to testify, against the interest of the declarant, if the fact is asserted in the declaration as at the time it as made so far contrary to declarant;s o n interest, that a reasonable man in his position ould not have made the declaration unless he believed it to be true, may be received in evidence against himself or his successors in interest and against third persons. ("!a) Se*t)o& 3#+ Act or declaration about pedigree. The act or declaration of a person deceased, or unable to testify, in respect to the pedigree of another person related to him by birth or marriage, may be received in evidence here it occurred before the controversy, and the relationship bet een the t o persons is sho n by evidence other than such act or declaration. The ord 2pedigree2 includes relationship, family genealogy, birth, marriage, death, the dates hen and the places here these fast occurred, and the names of the relatives. .t embraces also facts of family history intimately connected ith pedigree. (""a) Se*t)o& 40+ +amily reputation or tradition regarding pedigree. The reputation or tradition existing in a family previous to the controversy, in respect to the pedigree of any one of its members, may be received in evidence if the itness testifying thereon be also a member of the family, either by consanguinity or affinity. Entries in family bibles or other family boo's or charts, engravings on rings, family portraits and the li'e, may be received as evidence of pedigree. ("%a)

Se*t)o& 41+ &ommon reputation. :ommon reputation existing previous to the controversy, respecting facts of public or general interest more than thirty years old, or respecting marriage or moral character, may be given in evidence. >onuments and inscriptions in public places may be received as evidence of common reputation. ("/) Se*t)o& 42+ #art of res gestae. 6tatements made by a person hile a starting occurrence is ta'ing place or immediately prior or subse)uent thereto ith respect to the circumstances thereof, may be given in evidence as part of res gestae. 6o, also, statements accompanying an e)uivocal act material to the issue, and giving it a legal significance, may be received as part of the res gestae. ("0a) Se*t)o& 43+ Entries in the course of business. Entries made at, or near the time of transactions to hich they refer, by a person deceased, or unable to testify, ho as in a position to 'no the facts therein stated, may be received as prima facie evidence, if such person made the entries in his professional capacity or in the performance of duty and in the ordinary or regular course of business or duty. ("3a) Se*t)o& 44+ Entries in official records. Entries in official records made in the performance of his duty by a public officer of the (hilippines, or by a person in the performance of a duty specially enjoined by la , are prima facie evidence of the facts therein stated. ("4) Se*t)o& 46+ &ommercial lists and the li*e. Evidence of statements of matters of interest to persons engaged in an occupation contained in a list, register, periodical, or other published compilation is admissible as tending to prove the truth of any relevant matter so stated if that compilation is published for use by persons engaged in that occupation and is generally used and relied upon by them therein. ("5) Se*t)o& 47+ ,earned treatises. & published treatise, periodical or pamphlet on a subject of history, la , science, or art is admissible as tending to prove the truth of a matter stated therein if the court ta'es judicial notice, or a itness expert in the subject testifies, that the riter of the statement in the treatise, periodical or pamphlet is recogni<ed in his profession or calling as expert in the subject. (%7a) Se*t)o& 48+ %estimony or deposition at a former proceeding . The testimony or deposition of a itness deceased or unable to testify, given in a former case or proceeding, judicial or administrative, involving the same parties and subject matter, may be given in evidence against the adverse party ho had the opportunity to cross$examine him. (%1a) 8+ O9)&)o& Rule Se*t)o& 48+ -eneral rule. The opinion of follo ing sections. (%!) itness is not admissible, except as indicated in the

Se*t)o& 4#+ Opinion of e pert witness. The opinion of a itness on a matter re)uiring special 'no ledge, s'ill, experience or training hich he sho n to posses, may be received in evidence. (%"a) Se*t)o& 60+ Opinion of ordinary witnesses. The opinion of a itness for hich proper basis is given, may be received in evidence regarding (a) the identity of a person about hom he has ade)uate 'no ledge# (b) & hand riting ith hich he has sufficient familiarity# and (c) The mental sanity of a person ith hom he is sufficiently ac)uainted. The itness may also testify on his impressions of the emotion, behavior, condition or appearance of a person. (%%a) 8+ C-'r'*ter E().e&*e

Se*t)o& 61+ &haracter evidence not generally admissible# e ceptions- (a) .n :riminal :ases(1) The accused may prove his good moral character hich is pertinent to the moral trait involved in the offense charged. (!) ?nless in rebuttal, the prosecution may not prove his bad moral character pertinent to the moral trait involved in the offense charged. hich is

(") The good or bad moral character of the offended party may be proved if it tends to establish in any reasonable degree the probability or improbability of the offense charged. (b) .n :ivil :asesEvidence of the moral character of a party in civil case is admissible only hen pertinent to the issue of character involved in the case. (c) .n the case provided for in 9ule 1"!, 6ection 1%, (%0a, %3a) RULE 131 /ur.e& of roof '&. resu19t)o&s Se*t)o& 1+ .urden of proof/ @urden of proof is the duty of a party to present evidence on the facts in issue necessary to establish his claim or defense by the amount of evidence re)uired by la . (1a, !a) Se*t)o& 2+ &onclusive presumptions. The follo ing are instances of conclusive presumptions(a) ,henever a party has, by his o n declaration, act, or omission, intentionally and deliberately led to another to believe a particular thing true, and to act upon such belief, he cannot, in any litigation arising out of such declaration, act or omission, be permitted to falsify it(b) The tenant is not permitted to deny the title of his landlord at the time of commencement of the relation of landlord and tenant bet een them. ("a) Se*t)o& 3+ Disputable presumptions. The follo ing presumptions are satisfactory if uncontradicted, but may be contradicted and overcome by other evidence(a) That a person is innocent of crime or rong# (b) That an unla ful act as done ith an unla ful intent# (c) That a person intends the ordinary conse)uences of his voluntary act# (d) That a person ta'es ordinary care of his concerns# (e) That evidence illfully suppressed ould be adverse if produced# (f) That money paid by one to another as due to the latter# (g) That a thing delivered by one to another belonged to the latter# (h) That an obligation delivered up to the debtor has been paid# (i) That prior rents or installments had been paid hen a receipt for the later one is produced# (j) That a person found in possession of a thing ta'en in the doing of a recent rongful act is the ta'er and the doer of the hole act# other ise, that things hich a person possess, or exercises

acts of o nership over, are o ned by him# (') That a person in possession of an order on himself for the payment of the money, or the delivery of anything, has paid the money or delivered the thing accordingly# (l) That a person acting in a public office as regularly appointed or elected to it# (m) That official duty has been regularly performed# (n) That a court, or judge acting as such, the la ful exercise of jurisdiction# hether in the (hilippines or else here, as acting in

(o) That all the matters ithin an issue raised in a case ere laid before the court and passed upon by it# and in li'e manner that all matters ithin an issue raised in a dispute submitted for arbitration ere laid before the arbitrators and passed upon by them# (p) That private transactions have been fair and regular# ()) That the ordinary course of business has been follo ed# (r) That there as a sufficient consideration for a contract# (s) That a negotiable instrument as given or indorsed for a sufficient consideration# (t) That an endorsement of negotiable instrument and at the place here the instrument is dated# (u) That a riting is truly dated# (v) That a letter duly directed and mailed as received in the regular course of the mail# ( ) That after an absence of seven years, it being un'no n hether or not the absentee still lives, he is considered dead for all purposes, except for those of succession. The absentee shall not be considered dead for the purpose of opening his succession till after an absence of ten years. .f he disappeared after the age of seventy$five years, an absence of five years shall be sufficient in order that his succession may be opened. The follo ing shall be considered dead for all purposes including the division of the estate among the heirs(1) & person on board a vessel lost during a sea voyage, or an aircraft ith is missing, ho has not been heard of for four years since the loss of the vessel or aircraft# (!) & member of the armed forces missing for four years# ho has ta'en part in armed hostilities, and has been hose as made before the instrument as overdue

(") & person ho has been in danger of death under other circumstances and existence has not been 'no n for four years#

(%) .f a married person has been absent for four consecutive years, the spouse present may contract a subse)uent marriage if he or she has ell$founded belief that the absent spouse is already death. .n case of disappearance, here there is a danger of death the circumstances hereinabove provided, an absence of only t o years shall be sufficient for the purpose of contracting a subse)uent marriage. 1o ever, in any case, before marrying again, the spouse present must institute a summary proceedings as provided in the 8amily :ode and in the rules for declaration of presumptive death of the absentee, ithout prejudice to the effect of reappearance of the absent spouse. (x) That ac)uiescence resulted from a belief that the thing ac)uiesced in as conformable to the

la or fact# (y) That things have happened according to the ordinary course of nature and ordinary nature habits of life# (<) That persons acting as copartners have entered into a contract of copartneship# (aa) That a man and oman deporting themselves as husband and la ful contract of marriage# ife have entered into a

(bb) That property ac)uired by a man and a oman ho are capacitated to marry each other and ho live exclusively ith each other as husband and ife ithout the benefit of marriage or under void marriage, has been obtained by their joint efforts, or' or industry. (cc) That in cases of cohabitation by a man and a oman ho are not capacitated to marry each other and ho have ac)uire properly through their actual joint contribution of money, property or industry, such contributions and their corresponding shares including joint deposits of money and evidences of credit are e)ual. (dd) That if the marriage is terminated and the mother contracted another marriage ithin three hundred days after such termination of the former marriage, these rules shall govern in the absence of proof to the contrary(1) & child born before one hundred eighty days after the solemni<ation of the subse)uent marriage is considered to have been conceived during such marriage, even though it be born ithin the three hundred days after the termination of the former marriage. (!) & child born after one hundred eighty days follo ing the celebration of the subse)uent marriage is considered to have been conceived during such marriage, even though it be born ithin 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 ith things of the nature# (ff) That the la has been obeyed# (gg) That a printed or published boo', purporting to be printed or published by public authority, as so printed or published# (hh) That a printed or published boo', purporting contain reports of cases adjudged in tribunals of the country here the boo' is published, contains correct reports of such cases# (ii) That a trustee or other person hose duty it as to convey real property to a particular person has actually conveyed it to him hen such presumption is necessary to perfect the title of such person or his successor in interest# (jj) That except for purposes of succession, hen t o persons perish in the same calamity, such as rec', battle, or conflagration, and it is not sho n ho died first, and there are no particular circumstances from hich it can be inferred, the survivorship is determined from the probabilities resulting from the strength and the age of the sexes, according to the follo ing rules1. .f both ere under the age of fifteen years, the older is deemed to have survived# !. .f both ere above the age sixty, the younger is deemed to have survived# ". .f one is under fifteen and the other above sixty, the former is deemed to have

survived# %. .f both be over fifteen and under sixty, and the sex be different, the male is deemed to have survived, if the sex be the same, the older# /. .f one be under fifteen or over sixty, and the other bet een those ages, the latter is deemed to have survived. ('') That if there is a doubt, as bet een t o or more persons ho are called to succeed each other, as to hich of them died first, hoever alleges the death of one prior to the other, shall prove the same# in the absence of proof, they shall be considered to have died at the same time. (/a) Se*t)o& 4+ 0o presumption of legitimacy or illegitimacy . There is no presumption of legitimacy of a child born after three hundred days follo ing the dissolution of the marriage or the separation of the spouses. ,hoever alleges the legitimacy or illegitimacy of such child must prove his allegation. (0) RULE 132 rese&t't)o& of E().e&*e A+ E?AMINA!ION O$ ,I!NESSES Se*t)o& 1+ E amination to be done in open court . The examination of itnesses presented in a trial or hearing shall be done in open court, and under oath or affirmation. ?nless the itness is incapacitated to spea', or the )uestions calls for a different mode of ans er, the ans ers of the itness shall be given orally. (1a) Se*t)o& 2+ #roceedings to be recorded. The entire proceedings of a trial or hearing, including the )uestions propounded to a itness and his ans ers thereto, the statements made by the judge or any of the parties, counsel, or itnesses ith reference to the case, shall be recorded by means of shorthand or stenotype or by other means of recording found suitable by the court. & transcript of the record of the proceedings made by the official stenographer, stenotypist or recorder and certified as correct by him shall be deemed prima facie a correct statement of such proceedings. (!a) Se*t)o& 3+ Rights and obligations of a witness. & itness must ans er )uestions, although his ans er may tend to establish a claim against him. 1o ever, it is the right of a itness(1) To be protected from irrelevant, improper, or insulting )uestions, and from harsh or insulting demeanor# (!) =ot to be detained longer than the interests of justice re)uire# (") =ot to be examined except only as to matters pertinent to the issue# (%) =ot to give an ans er hich other ise provided by la # or ill tend to subject him to a penalty for an offense unless

(/) =ot to give an ans er hich ill tend to degrade his reputation, unless it to be the very fact at issue or to a fact from hich the fact in issue ould be presumed. @ut a itness must ans er to the fact of his previous final conviction for an offense. ("a, 15a) Se*t)o& 4+ Order in the e amination of an individual witness. The order in itness may be examined is as follo s# hich the individual

(a) *irect examination by the proponent# (b) :ross$examination by the opponent# (c) 9e$direct examination by the proponent# (d) 9e$cross$examination by the opponent. (%) Se*t)o& 6+ Direct e amination. *irect examination is the examination$in$chief of a party presenting him on the facts relevant to the issue. (/a) itness by the

Se*t)o& 7+ &ross(e amination1 its purpose and e tent. ?pon the termination of the direct examination, the itness may be cross$examined by the adverse party as to many matters stated in the direct examination, or connected there ith, ith sufficient fullness and freedom to test his accuracy and truthfulness and freedom from interest or bias, or the reverse, and to elicit all important facts bearing upon the issue. (4a) Se*t)o& 8+ Re(direct e amination1 its purpose and e tent. &fter the cross$examination of the itness has been concluded, he may be re$examined by the party calling him, to explain or supplement his ans ers given during the cross$examination. +n re$direct$examination, )uestions on matters not dealt ith during the cross$examination, may be allo ed by the court in its discretion. (1!) Se*t)o& 8+ Re(cross(e amination. ?pon the conclusion of the re$direct examination, the adverse party may re$cross$examine the itness on matters stated in his re$direct examination, and also on such other matters as may be allo ed by the court in its discretion. (1") Se*t)o& #+ Recalling witness. &fter the examination of a itness by both sides has been concluded, the itness cannot be recalled ithout leave of the court. The court ill grant or ithhold leave in its discretion, as the interests of justice may re)uire. (1%) Se*t)o& 10+ ,eading and misleading 'uestions. & )uestion hich suggests to the itness the ans er hich the examining party desires is a leading )uestion. .t is not allo ed, except(a) +n cross examination# (b) +n preliminary matters# (c) ,hen there is a difficulty is getting direct and intelligible ans ers from a ignorant, or a child of tender years, or is of feeble mind, or a deaf$mute# (d) +f an un illing or hostile itness# or (e) +f a itness ho is an adverse party or an officer, director, or managing agent of a public or private corporation or of a partnership or association hich is an adverse party. & misleading )uestion is one hich assumes as true a fact not yet testified to by the itness, or contrary to that hich he has previously stated. .t is not allo ed. (/a, 0a, and 4a) Se*t)o& 11+ $mpeachment of adverse party"s witness. & itness may be impeached by the party against hom he as called, by contradictory evidence, by evidence that his general reputation for truth, honestly, or integrity is bad, or by evidence that he has made at other times statements inconsistent ith his present, testimony, but not by evidence of particular rongful acts, except that it may be sho n by the examination of the itness, or the record of the judgment, that he has been convicted of an offense. (1/) Se*t)o& 12+ #arty may not impeach his own witness. Except ith respect to itnesses referred to in paragraphs (d) and (e) of 6ection 17, the party producing a itness is not allo ed to impeach his credibility. itness ho is

& itness may be considered as un illing or hostile only if so declared by the court upon ade)uate sho ing of his adverse interest, unjustified reluctance to testify, or his having misled the party into calling him to the itness stand. The un illing or hostile itness so declared, or the itness ho is an adverse party, may be impeached by the party presenting him in all respects as if he had been called by the adverse party, except by evidence of his bad character. 1e may also be impeached and cross$examined by the adverse party, but such cross$examination must only be on the subject matter of his examination$in$chief. (0a, 3a) Se*t)o& 13+ 2ow witness impeached by evidence of inconsistent statements. @efore a itness can be impeached by evidence that he has made at other times statements inconsistent ith his present testimony, the statements must be related to him, ith the circumstances of the times and places and the persons present, and he must be as'ed hether he made such statements, and if so, allo ed to explain them. .f the statements be in riting they must be sho n to the itness before any )uestion is put to him concerning them. (10) Se*t)o& 14+ Evidence of good character of witness . Evidence of the good character of a not admissible until such character has been impeached. (13) itness is

Se*t)o& 16+ E clusion and separation of witnesses. +n any trial or hearing, the judge may exclude from the court any itness not at the time under examination, so that he may not hear the testimony of other itnesses. The judge may also cause itnesses to be 'ept separate and to be prevented from conversing ith one another until all shall have been examined. (14) Se*t)o& 17+ !hen witness may refer to memorandum . & itness may be allo ed to refresh his memory respecting a fact, by anything ritten or recorded by himself or under his direction at the time hen the fact occurred, or immediately thereafter, or at any other time hen the fact as fresh in his memory and 'ne that the same as correctly ritten or recorded# but in such case the riting or record must be produced and may be inspected by the adverse party, ho may, if he chooses, cross examine the itness upon it, and may read it in evidence. 6o, also, a itness may testify from such riting or record, though he retain no recollection of the particular facts, if he is able to s ear that the riting or record correctly stated the transaction hen made# but such evidence must be received ith caution. (17a) Se*t)o& 18+ !hen part of transaction, writing or record given in evidence, the remainder, the remainder admissible. ,hen part of an act, declaration, conversation, riting or record is given in evidence by one party, the hole of the same subject may be in)uired into by the other, and hen a detached act, declaration, conversation, riting or record is given in evidence, any other act, declaration, conversation, riting or record necessary to its understanding may also be given in evidence. (11a) Se*t)o& 18+ Right to respect writing shown to witness. ,henever a may be inspected by the adverse party. (5a) riting is sho n to a itness, it

/+ AU!"EN!ICA!ION AND ROO$ O$ DOCUMEN!S Se*t)o& 1#+ &lasses of Documents. 8or the purpose of their presentation evidence, documents are either public or private. (ublic documents are(a) The ritten official acts, or records of the official acts of the sovereign authority, official bodies and tribunals, and public officers, hether of the (hilippines, or of a foreign country# (b) *ocuments ac'no ledge before a notary public except last ills and testaments# and

(c) (ublic records, 'ept in the (hilippines, of private documents re)uired by la therein. &ll other ritings are private. (!7a)

to the entered

Se*t)o& 20+ #roof of private document. @efore any private document offered as authentic is received in evidence, its due execution and authenticity must be proved either(a) @y anyone ho sa the document executed or ritten# or (b) @y evidence of the genuineness of the signature or hand riting of the ma'er. &ny other private document need only be identified as that hich it is claimed to be. (!1a) Se*t)o& 21+ !hen evidence of authenticity of private document not necessary. ,here a private document is more than thirty years old, is produced from the custody in hich it ould naturally be found if genuine, and is unblemished by any alterations or circumstances of suspicion, no other evidence of its authenticity need be given. (!!a) Se*t)o& 22+ 2ow genuineness of handwriting proved. The hand riting of a person may be proved by any itness ho believes it to be the hand riting of such person because he has seen the person rite, or has seen riting purporting to be his upon hich the itness has acted or been charged, and has thus ac)uired 'no ledge of the hand riting of such person. Evidence respecting the hand riting may also be given by a comparison, made by the itness or the court, ith ritings admitted or treated as genuine by the party against hom the evidence is offered, or proved to be genuine to the satisfaction of the judge. (!"a) Se*t)o& 23+ #ublic documents as evidence. *ocuments consisting of entries in public records made in the performance of a duty by a public officer are prima facie evidence of the facts therein stated. &ll other public documents are evidence, even against a third person, of the fact hich gave rise to their execution and of the date of the latter. (!%a) Se*t)o& 24+ #roof of official record. The record of public documents referred to in paragraph (a) of 6ection 15, hen 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 'ept in the (hilippines, ith a certificate that such officer has the custody. .f the office in hich the record is 'ept is in 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 (hilippines stationed in the foreign country in hich the record is 'ept, and authenticated by the seal of his office. (!/a) Se*t)o& 26+ !hat attestation of copy must state. ,henever a copy of a document or record is attested for the purpose of evidence, the attestation must state, in substance, that the copy is a correct copy of the original, or a specific part thereof, as the case may be. The attestation must be under the official seal of the attesting officer, if there be any, or if he be the cler' of a court having a seal, under the seal of such court. (!0a) Se*t)o& 27+ $rremovability of public record. &ny public record, an official copy of hich is admissible in evidence, must not be removed from the office in hich it is 'ept, except upon order of a court here the inspection of the record is essential to the just determination of a pending case. (!3a) Se*t)o& 28+ #ublic record of a private document . &n authori<ed public record of a private document may be proved by the original record, or by a copy thereof, attested by the legal custodian of the record, ith an appropriate certificate that such officer has the custody. (!4a) Se*t)o& 28+ #roof of lac* of record. & ritten statement signed by an officer having the custody of

an official record or by his deputy that after diligent search no record or entry of a specified tenor is found to exist in the records of his office, accompanied by a certificate as above provided, is admissible as evidence that the records of his office contain no such record or entry. (!5) Se*t)o& 2#+ 2ow judicial record impeached. &ny judicial record may be impeached by evidence of(a) ant of jurisdiction in the court or judicial officer, (b) collusion bet een the parties, or (c) fraud in the party offering the record, in respect to the proceedings. ("7a) Se*t)o& 30+ #roof of notarial documents. Every instrument duly ac'no ledged or proved and certified as provided by la , may be presented in evidence ithout further proof, the certificate of ac'no ledgment being prima facie evidence of the execution of the instrument or document involved. ("1a) Se*t)o& 31+ Alteration in document, how to e plain . The party producing a document as genuine hich has been altered and appears to have been altered after its execution, in a part material to the )uestion in dispute, must account for the alteration. 1e may sho that the alteration as made by another, ithout his concurrence, or as made ith the consent of the parties affected by it, or as other ise properly or innocent made, or that the alteration did not change the meaning or language of the instrument. .f he fails to do that, the document shall not be admissible in evidence. ("!a) Se*t)o& 32+ Seal. There shall be no difference bet een sealed and unsealed private documents insofar as their admissibility as evidence is concerned. (""a) Se*t)o& 33+ Documentary evidence in an unofficial language. *ocuments ritten in an unofficial language shall not be admitted as evidence, unless accompanied ith a translation into English or 8ilipino. To avoid interruption of proceedings, parties or their attorneys are directed to have such translation prepared before trial. ("%a) C+ O$$ER AND O/4EC!ION Se*t)o& 34+ Offer of evidence. The court shall consider no evidence hich has not been formally offered. The purpose for hich the evidence is offered must be specified. ("/) Se*t)o& 36+ !hen to ma*e offer. &s regards the testimony of a itness, the offer must be made at the time the itness is called to testify. *ocumentary and object evidence shall be offered after the presentation of a party;s testimonial evidence. 6uch offer shall be done orally unless allo ed by the court to be done in riting. (n) Se*t)o& 37+ Objection. +bjection to evidence offered orally must be made immediately after the offer is made. +bjection to a )uestion propounded in the course of the oral examination of a itness shall be made as soon as the grounds therefor shall become reasonably apparent. &n offer of evidence in riting shall be objected to different period is allo ed by the court. ithin three (") days after notice of the unless a

.n any case, the grounds for the objections must be specified. ("0a) Se*t)o& 38+ !hen repetition of objection unnecessary. ,hen it becomes reasonably apparent in the course of the examination of a itness that the )uestion being propounded are of the same class as those to hich objection has been made, hether such objection as sustained or overruled, it shall not be necessary to repeat the objection, it being sufficient for the adverse party to record his continuing objection to such class of )uestions. ("3a) Se*t)o& 38+ Ruling. The ruling of the court must be given immediately after the objection is made,

unless the court desires to ta'e a reasonable time to inform itself on the )uestion presented# but the ruling shall al ays be made during the trial and at such time as ill give the party against hom it is made an opportunity to meet the situation presented by the ruling. The reason for sustaining or overruling an objection need not be stated. 1o ever, if the objection is based on t o or more grounds, a ruling sustaining the objection on one or some of them must specify the ground or grounds relied upon. ("4a) Se*t)o& 3#+ Stri*ing out answer. 6hould a itness ans er the )uestion before the adverse party had the opportunity to voice fully its objection to the same, and such objection is found to be meritorious, the court shall sustain the objection and order the ans er given to be stric'en off the record. +n proper motion, the court may also order the stri'ing out of ans ers irrelevant, or other ise improper. (n) hich are incompetent,

Se*t)o& 40+ %ender of e cluded evidence. .f documents or things offered in evidence are excluded by the court, the offeror may have the same attached to or made part of the record. .f the evidence excluded is oral, the offeror may state for the record the name and other personal circumstances of the itness and the substance of the proposed testimony. (n) RULE 133 ,e);-t '&. Suff)*)e&*3 of E().e&*e Se*t)o& 1+ #reponderance of evidence, how determined. .n civil cases, the party having burden of proof must establish his case by a preponderance of evidence. .n determining here the preponderance or superior eight of evidence on the issues involved lies, the court may consider all the facts and circumstances of the case, the itnesses; manner of testifying, their intelligence, their means and opportunity of 'no ing the facts to hich there are testifying, the nature of the facts to hich they testify, the probability or improbability of their testimony, their interest or ant of interest, and also their personal credibility so far as the same may legitimately appear upon the trial. The court may also consider the number of itnesses, though the preponderance is not necessarily ith the greater number. (1a) Se*t)o& 2+ #roof beyond reasonable doubt. .n a criminal case, the accused is entitled to an ac)uittal, unless his guilt is sho n beyond reasonable doubt. (roof beyond reasonable doubt does not mean such a degree of proof, excluding possibility of error, produces absolute certainly. >oral certainly only is re)uired, or that degree of proof hich produces conviction in an unprejudiced mind. (!a) Se*t)o& 3+ E trajudicial confession, not sufficient ground for conviction . &n extrajudicial confession made by an accused, shall not be sufficient ground for conviction, unless corroborated by evidence of corpus delicti. (") Se*t)o& 4+ &ircumstantial evidence, when sufficient. :ircumstantial evidence is sufficient for conviction if(a) There is more than one circumstances# (b) The facts from hich the inferences are derived are proven# and (c) The combination of all the circumstances is such as to produce a conviction beyond reasonable doubt. (/) Se*t)o& 6+ Substantial evidence. .n cases filed before administrative or )uasi$judicial bodies, a fact may be deemed established if it is supported by substantial evidence, or that amount of relevant

evidence hich a reasonable mind might accept as ade)uate to justify a conclusion. (n) Se*t)o& 7+ #ower of the court to stop further evidence . The court may stop the introduction of further testimony upon any particular point hen the evidence upon it is already so full that more itnesses to the same point cannot be reasonably expected to be additionally persuasive. @ut this po er should be exercised ith caution. (0) Se*t)o& 8+ Evidence on motion. ,hen a motion is based on facts not appearing of record the court may hear the matter on affidavits or depositions presented by the respective parties, but the court may direct that the matter be heard holly or partly on oral testimony or depositions. (3) RULE 134 1
Perpetuation of Testimony Section 1. Petition. A person who desires to perpetuate his own testimony or that of another person regarding any matter that may be cognizable in any court of the Philippines, any file a verified petition in the court of the province of the residence of any expected adverse party. Section 2. Contents of petition. The petition shall be entitled in the name of the petitioner and shall show: a! that the petitioner expects to be a party to an action in a court of the Philippines by is presently unable to bring it or cause it to be brought" b! the sub#ect matter of the expected action and his interest therein" c! the facts which he desires to establish by the proposed testimony and his reasons for desiring to perpetuate it" d! the names of a description of the persons he expects will be adverse parties and their addresses so far as $nown" and e! the names and addresses of the persons to be examined and the substance of the testimony which he expects to elicit from each, and shall as$ for an order authorizing the petitioner to ta$e the depositions of the persons to be examined named in the petition for the purpose of perpetuating their testimony. Section 3. Notice and service. The petitioner shall thereafter serve a notice upon each person named in the petition as an expected adverse party, together with a copy of a petition, stating that the petitioner will apply to the court, at a time and place named therein, for the order described in the petition. At least twenty %&! days before the date of hearing the notice shall be served in the manner provided for service of summons. Section 4. Order of examination. 'f the court is satisfied that the perpetuation of the testimony may prevent a failure or delay of #ustice, it shall ma$e an order designating or describing the persons whose deposition may be ta$en and specifying the sub#ect matter of the examination, and whether the depositions shall be ta$en upon oral examination or written interrogatories. The depositions may then be ta$en in accordance with (ule %) before the hearing. Section 5. Reference to court. *or the purpose of applying (ule %) to depositions for perpetuating testimony, each reference therein to the court in which the action is pending shall be deemed to refer to the court in which the petition for such deposition was filed. Section 6. Use of deposition. 'f a deposition to perpetuate testimony is ta$en under this rule, or if, although not so ta$en, it would be admissible in evidence, it may be used in any action involving the same sub#ect matter subse+uently brought in accordance with the provisions of ,ections ) and - of (ule %). Section 7. Depositions pending appeal. 'f an appeal has been ta$en from a #udgment of the (egional Trial .ourt or before the ta$ing of an appeal if the time therefor has not expired, the (egional Trial .ourt in which the #udgment was rendered may allow the ta$ing of depositions of witnesses to perpetuate their testimony for use in the event of further proceedings in the said court. 'n such case the party who desires to perpetuate the testimony may ma$e a motion in the said (egional Trial .ourt for leave to ta$e the depositions, upon the same notice and service thereof as if the action was pending therein. The motion shall show a! the name and the addresses of the persons to be examined and the substance of the testimony which he expects to elicit from each" and b! the reason for perpetuating their testimony. 'f the court finds that the perpetuation of the testimony is proper to avoid a failure or delay of #ustice, it may ma$e an order allowing the depositions to be ta$en, and thereupon the depositions may be ta$en and used in the same manner and under the same conditions as are prescribed in these rules for depositions ta$en in actions pending in the (egional Trial .ourt. /a! Footnote This rule will be transposed to Part 0 of the (ules of .ourt on 1eposition and 1iscovery.