PART IV o the geographical divisions.

RULES OF EVIDENCE
Section 2. Judicial notice, when discretionary. —
RULE 128  A court may take judicial notice of matters
General Provisions which are of:
o public knowledge, or
Section 1. Evidence defined. — o are capable to unquestionable
 Evidence is the means, sanctioned by these demonstration, or
rules, of ascertaining in a judicial proceeding o ought to be known to judges because
the truth respecting a matter of fact. of their judicial functions.

Section 2. Scope. — Section 3. Judicial notice, when hearing necessary.
 The rules of evidence shall be the same in all  During the trial, the court, on its own initiative,
courts and in all trials and hearings or on request of a party, may announce its
o except as otherwise provided by law or intention to take judicial notice of any matter
these rules. and allow the parties to be heard thereon.
 After the trial, and before judgment or on
Section 3. Admissibility of evidence. — appeal, the proper court, on its own initiative or
 Evidence is admissible when: on request of a party, may take judicial notice of
o it is relevant to the issue and any matter and allow the parties to be heard
o is not excluded by the law of these thereon if such matter is decisive of a material
rules. issue in the case.

Section 4. Relevancy; collateral matters. — Section 4. Judicial admissions. —
 Evidence must have such a relation to the fact  An admission, verbal or written, made by the
in issue as to induce belief in its existence or party in the course of the proceedings in the
non-existence. same case, does not require proof.
 Evidence on collateral matters shall not be  The admission may be contradicted only by
allowed showing that:
o except when it tends in any reasonable o it was made through palpable mistake
degree to establish the probability or or
improbability of the fact in issue. o that no such admission was made.

RULE 129 RULE 130
What Need Not Be Proved Rules of Admissibility

Section 1. Judicial notice, when mandatory. — A. OBJECT/ REAL EVIDENCE
 A court shall take judicial notice, without the Section 1. Object as evidence. —
introduction of evidence of:  Objects as evidence are those addressed to the
o the existence and territorial extent of senses of the court.
states, their political history  When an object is relevant to the fact in issue, it
o forms of government and symbols of may be exhibited to, examined or viewed by the
nationality court.
o the law of nations
o the admiralty and maritime courts of the B. DOCUMENTARY EVIDENCE
world and their seals Section 2. Documentary evidence. —
o the political constitution and history of  Documents as evidence consist of writing or
the Philippines any material containing letters, words, numbers,
o the official acts of legislative, executive
figures, symbols or other modes of written
and judicial departments of the
expression offered as proof of their contents.
Philippines
o the laws of nature
1. Best Evidence Rule
o the measure of time, and

1

may prove its contents: o by a copy. Secondary Evidence of the parties thereto. Party who calls for document not bound to accounts or other documents which offer it. c) The validity of the written agreement. —  When the terms of an agreement have been  The original of the document is one the reduced to writing. d) The existence of other terms agreed to  When the original document has been lost or by the parties or their successors in destroyed. Evidence of written agreements. Parol Evidence Rule the custody of a public officer or is recorded in a public office. or cannot be produced in court. (7a) faith on his part. Interpretation of a writing according to its o by the testimony of witnesses in the legal meaning. When original document is in adverse party's custody or control. and the its contents may be proved by a certified copy latter fails to produce it after reasonable issued by the public officer in custody thereof. or cannot be produced in court. upon proof of its execution or existence written agreement. one being copied from another at agreement if he puts in issue in his pleading: or near the time of the transaction. When original document is unavailable. all such copies are equally agreement. — control of adverse party. or Section 5. — 2 . and d) When the original is a public record in 3.  When a document is in two or more copies can be.  However. it is considered as containing all the terms agreed upon and there contents of which are the subject of inquiry.Section 3. a party may present evidence to  When an entry is repeated in the regular course modify. document. he must have  When the subject of inquiry is the contents of a reasonable notice to produce it. explain or add to the terms of written of business. between the parties and their successors in interest. or Section 10. no evidence shall be admissible  If after such notice and after satisfactory proof other than the original document itself. mistake or entries are likewise equally regarded as imperfection in the written agreement. — b) When the original is in the custody or  When the original of document is in the custody under the control of the party against of public officer or is recorded in a public office. with terms other than the contents of the written identical contents. or 4. . the interest after the execution of the offeror. destroyed. general result of the whole. — cannot be examined in court without  A party who calls for the production of a great loss of time and the fact sought to document and inspects the same is not obliged be established from them is only the to offer it as evidence. without bad faith on the part of Section 7. — Section 4. originals. regarded as originals. except in of its existence. Interpretation Of Documents o by a recital of its contents in some authentic document. Evidence admissible when original the offeror. b) The failure of the written agreement to express the true intent and agreement 2.  The language of a writing is to be interpreted according to the legal meaning it bears in the Section 6. secondary evidence may be a) When the original has been lost or presented as in the case of its loss. notice. all the a) An intrinsic ambiguity. exceptions. document is a public record. no evidence of such executed at or about the same time. (2a) Section 9. Original of document. — order stated. Original document must be  If the document is in the custody or under the produced. c) When the original consists of numerous Section 8. whom the evidence is offered. and the cause of its unavailability without bad  The term "agreement" includes wills. he fails to produce the the following cases: document.

case the agreement must be construed accordingly. that will give effect to all. technical. — judge may be placed in the position of those  Except as provided in the next succeeding who language he is to interpret. the former is to be inconsistent. TESTIMONIAL EVIDENCE  For the proper construction of an instrument. if possible. Interpretation according to circumstances. where either party in which he supposed the other there are several provisions or particulars. — C. to be adopted as of a provision are otherwise equally proper. at the words and partly of a printed form. Witnesses. Disqualification by reason of marriage. but evidence is admissible to show  Religious or political belief. so that the Section 20. in which ground for disqualification. and the two time of their production for examination. Section 21. Peculiar signification of terms. such understood it. Construction in favor of natural right. — Section 15. or who understand the language. 1. — Section 18. may be shown. and two interpretations. acceptation. — that is inconsistent with it. — as to render them incapable of  When the characters in which an instrument is perceiving the facts respecting which written are difficult to be deciphered. Written words control printed. place of its execution. Instrument construed so as to give effect to intended in a different sense by the different all provisions. Interpretation according to usage. can make their known  The terms of a writing are presumed to have perception to others been used in their primary and general may be witnesses. the former controls the latter. or otherwise outcome of the case. interest in the that they have a local. or conviction of a crime peculiar signification. Section 13.  So a particular intent will control a general one Section 19. the circumstances under which it was made. general and particular provisions. or the they are examined and of relating them language is not understood by the court. Section 12. shall not be understood in the particular instance. 3 . is to be taken which is the most favorable to the party in whose favor the provision was made. —  The following persons cannot be witnesses:  When an instrument consists partly of written a) Those whose mental condition. Qualification of Witnesses including the situation of the subject thereof and of the parties to it. former. Section 17. —  In the construction of an instrument. —  When the terms of an agreement have been Section 11. which preferred. and were so used and unless otherwise provided by law. b) Children whose mental maturity is such explaining certain writings. evidence of persons skilled in deciphering the characters. — parties to it. — admissible to declare the characters or the meaning of the language. section. the truthfully. and when different constructions a construction is. their qualifications. Interpretation according to intention. that sense is to prevail against  In the construction of an instrument. are inconsistent. in order to determine its true character.  An instrument may be construed according to usage. Experts and interpreters to be used in perception to others. Disqualification by reason of mental incapacity or immaturity. one in favor of natural right when a general and a particular provision are and the other against it. the  When an instrument is equally susceptible of intention of the parties is to be pursued. and Section 14. is Section 22. all persons: a) who can perceive. — b) perceiving. the latter is paramount to the adopted. is such that they are incapable of intelligently making known their Section 16. Of Two constructions. unless the parties intended otherwise.

— to:  No person may be compelled to testify against:  any communication made by o his parents the client to him. surgery or obstetrics insanity of adverse party. — d) A minister or priest cannot. — cannot in a civil case. during or or after the marriage  any advice given by him in his  cannot be examined without professional character in the the consent of the other as to course of discipline enjoined by any communication received in the church to which the confidence by one from the minister or priest belongs. without the consent of his client. stenographer. or clerk be or examined. without the consent b) in a criminal case for a crime committed of the client and his employer.  which would blacken the reputation of the Section 24. 2.  During their marriage. without the Parties or assignor of parties to a case. before the death of such deceased person or and before such person became of unsound mind. c) A person authorized to practice Section 23. by one against the other concerning any fact the  or the latter's direct knowledge of which has been descendants or ascendants. acquired in such capacity. Disqualification by reason of privileged patient. or have acquired in attending b) against a person of unsound mind such patient in a professional upon a claim or demand against the estate of capacity such deceased person or against such person  which information was of unsound mind necessary to enable  Cannot testify as to any matter of fact occurring him to act in capacity. communication. or with a view to. neither the husband nor  his advice given thereon in the the wife may testify for or against the other course of. other during the marriage e) A public officer cannot be examined except  during his term of office or  in a civil case by one afterwards. be examined as Section 25. professional employment. or consent of the patient. Parental and filial privilege. or o other direct ascendants o children or 4 . Disqualification by reason of death or medicine. without the consent of the affected spouse. without  The following persons cannot testify as to the consent of the person making the matters learned in confidence in the following confession. be examined cases:  as to any confession made to a) The husband or the wife. as to against the other. a) in a civil case by one against the other. or communications made to him  in a criminal case for a in official confidence crime committed by  when the court finds one against the other that the public interest o or the latter's would suffer by the direct disclosure. be examined persons in whose behalf a case is prosecuted  as to any advice or treatment a) against an executor or administrator or given by him or other representative of a deceased  any information which he may person. Testimonial Privilege b) An attorney cannot. except  nor can an attorney's secretary. descendants or ascendants.

5. may be given in evidence against the co-conspirator o after the conspiracy is shown by evidence other than such act of 3.  The same rule applies to the act or declaration property. plan. or or declaration. admission of guilt. latter. except he did or did not do the same or similar thing at as hereinafter provided. joint debtor. may be  An offer to pay or the payment of medical. within the hearing or observation of a party  In criminal cases. Admission by conspirator. instrument. or other person jointly interested with the party.  A plea of guilty later withdrawn. system. the act. and is not admissible  An act or declaration made in the presence and in evidence against the offeror. in relation to the property. Section 34. declaration. while holding the title. — specific intent or knowledge. custom or  The act or declaration of a partner or agent of usage. or omission of another. — admission of any liability. hospital or other expenses occasioned by an injury is not admissible in evidence as proof of 4. o other direct descendants. except who: o those involving quasi-offenses (criminal o does or says nothing when the act or negligence) or declaration is such as naturally to call o those allowed by law to be for action or comment if not true. is evidence against the former. declaration. another time. Testimonial Knowledge Section 30. Admission by silence. declaration or omission of a party as to  Where one derives title to property from a relevant fact may be given in evidence another. Offer of compromise not admissible. Admission by co-partner or agent. of a joint owner. scheme. — unaccepted offer of a plea of guilty to lesser  The declaration of an accused acknowledging offense. an offer of compromise is not an Section 32. and the like the party o within the scope of his authority and Section 35. — Section 28. or an Section 33. Admission by third party. Admission of a party. identity. or of any the accused who made the plea or offer. equivalent to the actual production shown by evidence other than such act and tender of the money. o but it may be received to prove a Section 29. Section 26. — Section 31. — 5 . Confession. offense necessarily included therein. —  The act. if rejected without valid cause. Similar acts as evidence. Section 27. is not admissible in evidence against his guilt of the offense charged. Unaccepted offer. Admissions and Confessions declaration. Previous Conduct as Evidence civil or criminal liability for the injury. and compromised o when proper and possible for him to do an offer of compromised by the accused may so be received in evidence as an implied may be given in evidence against him.  The act or declaration of a conspirator relating to the conspiracy and during its existence. given in evidence against him. Admission by privies. — o during the existence of the partnership  An offer in writing to pay a particular sum of or agency may be given in evidence against such party money or to deliver a written instrument or o after the partnership or agency is specific personal property is. —  Evidence that one did or did not do a certain  The rights of a party cannot be prejudiced by an thing at one time is not admissible to prove that act. habit. or omission of the against him. —  In civil cases.

and unable to testify. contrary to declarant's own interest o that a reasonable man in his position would not have made the declaration Section 40. o marriage o death Section 38. or unable to testify. which are derived from his own perception Section 39. and Section 37.Section 36. —  A witness can testify only to those facts which he knows of his personal knowledge. hearsay excluded. — o the relationship between the two persons is shown by evidence other  The declaration of a dying person: than such act or declaration. Exceptions To The Hearsay Rule may be received in evidence where: o it occurred before the controversy. that is. Family reputation or tradition regarding unless he believed it to be true pedigree. in respect to the o himself or pedigree of any one of its members. o if the fact is asserted in the declaration o It embraces also facts of family history was at the time it was made so far intimately connected with pedigree. in respect to: o the pedigree of another person related to him by birth or marriage 6. against the interest of the declarant o the names of the relatives. Dying declaration. — may be received in evidence against  The reputation or tradition existing in a family previous to the controversy. Testimony generally confined to personal o against third persons.  The act or declaration of a person deceased. Act or declaration about pedigree. o made under the consciousness of an  The word "pedigree" includes impending death o Relationship may be received in any case wherein his death is the subject of inquiry o family genealogy o as evidence of the cause and o birth surrounding circumstances of such death. or these fast occurred. Declaration against interest. may be received in evidence o his successors in interest and 6 . — o except as otherwise provided in these rules. — o the dates when and the places where  The declaration made by a person deceased. knowledge.

— may be given in evidence. or other published compilation  So. either by transactions to which they refer consanguinity or affinity. register. and giving it is admissible as tending to prove the truth of a legal significance. o if that compilation is published for use by persons engaged in that occupation and Section 43. interest more than thirty years old. a public officer of the Philippines.  Entries in official records  Monuments and inscriptions in public places may be received as evidence of common o made in the performance of his duty by reputation. Commercial lists and the like. or o respecting marriage or moral character Section 44. periodical. may be received as part of any relevant matter so stated the res gestae. o while a starting occurrence is taking place or immediately prior or subsequent thereto Section 45. o contained in a list. o if the witness testifying thereon be also  Entries made at. or unable to  Entries in family bibles or other family books or testify charts. — are prima facie evidence of the facts therein  Statements made by a person: stated. the facts therein stated may be received as prima facie evidence Section 41. Entries in the course of business. Common reputation. o by a person deceased. or o by a person in the performance of a duty specially enjoined by law Section 42. may be received as evidence of  who was in a position to know pedigree. engravings on rings. family portraits and the like. Entries in official records. — o if such person made the entries in his professional capacity or  Common reputation existing previous to the controversy o in the performance of duty and in the ordinary or regular course of business o respecting facts of public or general or duty. Part of res gestae. statements accompanying an equivocal act material to the issue. or near the time of a member of the family. — o with respect to the circumstances  Evidence of statements of matters of interest to thereof persons engaged in an occupation may be given in evidence as part of res gestae. also. — 7 .

Character evidence not generally admissible. or  In Criminal Cases: o art o The accused may prove his good moral is admissible as tending to prove the truth of a character which is pertinent to the matter stated therein moral trait involved in the offense charged. 8 . —  In Civil Cases:  The testimony or deposition of a witness deceased or unable to testify o Evidence of the moral character of a party in civil case is admissible only o given in a former case or proceeding. treatise. —  A published treatise. when pertinent to the issue of character involved in the case. not prove his bad moral character which is pertinent to the moral trait that the writer of the statement in the involved in the offense charged. o if the court takes judicial notice. Character Evidence o History o Law Section 51. judicial or administrative o involving the same parties and subject  In the case provided for in Rule 132. o is generally used and relied upon by them therein. 7. exceptions: — o science. the prosecution may o a witness expert in the subject testifies. Learned treatises. or o Unless in rebuttal. Section 14 matter o Evidence of the good character of a may be given in evidence against the adverse witness is not admissible until such party character has been impeached. Section 47. Opinion Rule (excluded from midterms coverage) Section 46. periodical or pamphlet is recognized in his profession or calling as expert in the subject. Testimony or deposition at a former proceeding. o 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. periodical or pamphlet on a subject of 8. o who had the opportunity to cross- examine him.