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RULE 128

General Provisions

Section 1. Evidence defined. — Evidence is the _____, sanctioned by these _____, of _____ in a judicial
proceeding _____ truth _____ a _____ of _____. (1)

Section 2. Scope. — The rules of _____ shall be the _____ in all _____ and in all _____ and _____, except
as otherwise _____ by law or these _____. (2a)

Section 3. _____ of evidence. — _____ is _____ when it is relevant to the _____ and is not _____ by the
_____ of these _____. (3a)

Section 4. Relevancy; _____ matters. — _____ must have such a _____ to the _____ in issue as to induce
_____ in its _____ or _____. Evidence on _____ _____ shall not be _____, except when it _____ in any _____
_____ to _____ the _____ or _____ of the fact in issue. (4a)

RULE 129
What Need Not Be Proved

Section 1. Judicial _____, when mandatory. — A court shall take _____ notice, without the _____ of _____,
of the _____ and _____ extent of _____, their _____ history, forms of _____ and _____ of _____, the _____ of
_____, the admiralty _____ _____ courts of the _____ and their _____, the _____ _____ and _____ of the
Philippines, the _____ _____ of _____, _____ and _____ _____ of the Philippines, the laws of nature, the
_____ of _____, and the _____ _____. (1a)

Section 2. Judicial notice, when _____. — A court may take _____ notice of _____ which are of _____
_____, or are capable to _____ _____, or ought to be _____ to judges because of their judicial _____. (1a)

Section 3. Judicial _____, when hearing _____. — During the trial, the court, on its own _____, or on
_____ of a party, may _____ its _____ to take judicial _____ of any _____ and _____ the parties to be _____
thereon.

_____ the _____, and before _____ or on appeal, the proper _____, on its own _____ or on _____ of a party,
may take _____ _____ of any _____ and _____ the parties to be _____ thereon if such matter is _____ of a
_____ issue in the case. (n)

Section 4. Judicial admissions. — An _____, _____ or _____, made by the party in the _____ of the _____
in the same case, does not _____ proof. The _____ may be _____ only by _____ that it was made through
_____ _____ or that no such _____ was _____. (2a)
RULE 130
Rules of Admissibility

A. _____ (REAL) EVIDENCE

Section 1. Object as evidence. — Objects as _____ are those _____ to the _____ of the _____. When an
object is _____ to the fact in _____, it may be _____ to, _____ or _____ by the court. (1a)

B. DOCUMENTARY EVIDENCE

Section 2. Documentary evidence. — Documents as evidence _____ of _____ or any material _____ _____,
words, _____, _____, _____ or other _____ of _____ expression _____ as _____ of their _____. (n)

1. Best Evidence Rule

Section 3. _____ _____ must be _____; exceptions. — When the subject of _____ is the _____ of a
document, no _____ shall be admissible other than the _____ document itself, _____ in the following _____:

(a) When the original has been _____ or _____, or cannot be _____ in court, without _____ _____ on the part of
the _____;

(b) When the _____ is in the custody or under the _____ of the party _____ whom the _____ is offered, and the
latter fails to _____ it after _____ notice;

(c) When the _____ consists of _____ accounts or other _____ which cannot be _____ in court _____ great
_____ of time and the _____ sought to be _____ from them is only the _____ result of the _____; and

(d) When the original is a public _____ in the _____ of a public _____ or is _____ in a _____ _____. (2a)

Section 4. Original of document. —

(a) The _____ of the document is one the _____ of which are the subject of _____.

(b) When a _____ is in two or more _____ _____ at or about the same time, with _____ _____, all such copies
are _____ _____ as originals.

(c) When an entry is _____ in the regular course of _____, one being _____ from _____ at or near the time of
the transaction, all the _____ are likewise _____ regarded as _____. (3a)

2. _____ Evidence

Section 5. When _____ _____ is _____. — When the original document has been _____ or _____, or
cannot be _____ in court, the _____, upon _____ of its _____ or _____ and the cause of its _____ without bad
_____ on his part, may _____ its _____ by a copy, or by a _____ of its _____ in some _____ document, or by
the testimony _____ _____ in the _____ stated. (4a)

Section 6. When _____ document is in adverse party's _____ or control. — If the _____ is in the custody or
under the _____ of _____ party, he must have _____ notice to _____ it. If after such notice
and after _____ proof of its _____, he fails to _____ the document, _____ evidence may be presented as in the
case of its loss. (5a)

Section 7. Evidence _____ when original document is a public _____. — When the original of document is
in the _____ of public officer or is _____ in a public office, its _____ may be _____ by a _____ copy _____ by
the _____ _____ in _____ thereof. (2a)

Section 8. Party who _____ for document not _____ to _____ it. — A party who calls for the production of
a _____ and _____ the same is not _____ to _____ it as _____. (6a)

3. Parol Evidence Rule

Section 9. Evidence of _____ agreements. — When the terms of an _____ have been _____ to writing, it is
considered as _____ all the terms _____ upon and there can be, between the _____ and their _____ in interest,
no _____ of such terms other than the _____ of the written _____.

However, a party may present _____ to _____, _____ or add to the terms of written _____ if he puts in issue in
his _____:

(a) An _____ _____, mistake or _____ in the written _____;

(b) The _____ of the written _____ to express the true _____ and _____ of the parties _____;

(c) The validity of the _____ _____; or

(d) The _____ of other terms agreed to by the _____ or their _____ in _____ after the _____ of the _____ _____.

The term "_____" includes _____. (7a)

4. Interpretation Of Documents

Section 10. _____ of a writing _____ to its legal _____. — The language of a _____ is to be _____ according
to the legal _____ it bears in the place of its _____, unless the parties _____ otherwise. (8)

Section 11. _____ _____ so as to give effect to all _____. — In the _____ of an instrument, where there are
several _____ or _____, such a _____ is, if _____, to be adopted as will give _____ to all. (9)

Section 12. _____ according to intention; general and _____ provisions. — In the _____ of an instrument, the
intention of the _____ is to be _____; and when a _____ and a _____ provision are _____, the latter is _____ to
the _____. So a _____ _____ will control a _____ one that is _____ with it. (10)

Section 13. Interpretation according to _____. — For the proper _____ of an _____, the _____ under which it
was made, including the _____ of the _____ thereof and of the parties to it, may be _____, so that the _____
may be _____ in the _____ of those who _____ he is to _____. (11)

Section 14. Peculiar _____ of terms. — The terms of a writing are _____ to have been used in their _____
and _____ _____, but evidence is _____ to show that they have a _____, _____, or _____ _____ _____, and
were so used and _____ in the _____ instance, in which case the

agreement must be construed accordingly. (12)


Section 15. _____ words control _____. — When an _____ consists partly of _____ words and partly of a
_____ form, and the two are inconsistent, the former _____ the latter. (13)

Section 16. Experts and _____ to be used in explaining _____ writings. — When the _____ in which an
instrument is written are difficult to be _____, or the language is not _____ by the court, the evidence of _____
skilled in _____ the characters, or who _____ the language, is admissible to declare the _____ or the meaning of
the language. (14)

Section 17. Of Two _____, which preferred. — When the terms of an _____ have been _____ in a different
sense by the _____ parties to it, that sense is to _____ against _____ party in which he _____ the other _____ it,
and when _____ _____ of a provision are _____ equally _____, that is to be taken which is the most _____ to
the party in whose favor the _____ was made. (15)

Section 18. _____ in favor of _____ _____. — When an _____ is equally _____ of two _____, one in favor
of _____ right and the other _____ it, the former is to be _____. (16)

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

C. TESTIMONIAL EVIDENCE

1. Qualification of Witnesses

Section 20. _____; their qualifications. — Except as _____ in the next _____ section, all _____ who can
perceive, and _____, can make their _____ perception to _____, may be _____.

_____ or _____ _____, _____ in the outcome of the case, or _____ of a _____ unless otherwise provided by law,
shall not be _____ for _____. (18a)

Section 21. _____ by reason of mental _____ or _____. — The following persons cannot be witnesses:

(a) Those whose _____ _____, at the time of their production for _____, is such that they are _____ of _____
making known their _____ to others;

(b) _____ whose mental _____ is such as to render them _____ of _____ the facts _____ which they are _____
and of relating them _____. (19a)

Section 22. _____ by reason of marriage. — During their _____, neither the _____ nor the wife may testify
for or _____ the other without the _____ of the _____ spouse, except in a civil case by one _____ the other, or
in a _____ case for a crime _____ by one _____ the other or the latter's _____ descendants or _____. (20a)

Section 23. _____ by reason of death or _____ of _____ party. — Parties or _____ of _____ to a case, or
persons in whose behalf a case is _____, against an _____ or _____ or other _____ of a _____ person, or against
a person of _____ _____, upon a claim or _____ against the estate of such _____ person or _____ such person
of unsound mind, cannot _____ as to any matter of fact _____ before the _____ of such _____ person or before
such _____ became of _____ mind. (20a)

Section 24. _____ by reason of privileged _____. — The _____ persons cannot _____

as to matters _____ in _____ in the following cases:


(a) The _____ or the wife, _____ or after the _____, cannot be _____ without the _____ of the other as to any
_____ received in _____ by one from the other during the _____ except in a civil case by one against the other,
or in a _____ case for a _____ _____ by one against the other or the latter's _____ _____ or _____;

(b) An _____ cannot, _____ the _____ of his client, be _____ as to any _____ made by the _____ to him, or his
advice given thereon in the _____ of, or with a view to, _____ _____, nor can an attorney's secretary, _____, or
clerk be _____, without the _____ of the client and his _____, _____ any fact the _____ of which has been
_____ in such _____;

(c) A person _____ to _____ _____, surgery or _____ cannot in a civil case, _____ the _____ of the patient, be
_____ as to any advice or _____ given by him or any _____ which he may have _____ in _____ such patient in
a _____ capacity, which information was _____ to enable him to act in _____, and which would _____ the
_____ of the _____;

(d) A _____ or _____ cannot, without the _____ of the person making the _____, be _____ as to any _____
made to or any _____ given by him in his _____ _____ in the course of _____ _____ by the _____ to which the
minister _____ priest _____;

(e) A _____ _____ cannot be _____ during his _____ of office or _____, as to _____ made to him in official
confidence, _____ the court finds that the _____ _____ _____ suffer by the _____. (21a)

2. Testimonial Privilege

Section 25. _____ and _____ _____. — No person may be compelled to _____ against his _____, other
_____ _____, _____ or other _____ _____. (20a)

3. Admissions and Confessions

Section 26. _____ of a party. — The act, _____ or _____ of a party as to a _____ _____ may be given in
evidence against him. (22)

Section 27. Offer of compromise not _____. — In civil cases, an offer of _____ is not an _____ of any _____,
and is not _____ in _____ against the _____.

In criminal cases, _____ those involving _____ (criminal negligence) or those _____ by law to be compromised,
an offer of _____ by the accused may be received in _____ as an implied _____ of guilt.

A _____ of _____ later _____, or an _____ offer of a _____ of guilty to lesser offense, is not _____ in evidence
_____ the _____ who made the plea or _____.

An offer to pay or the _____ of _____, hospital or other _____ occasioned by an _____ is not admissible in
evidence as _____ of civil or _____ _____ for the _____. (24a)

Section 28. _____ by third party. — The rights of a party _____ be _____ by an act, _____, or omission of
_____, except as hereinafter provided. (25a)

Section 29. _____ by _____ or agent. — The act or _____ of a partner or _____ of the party within the _____
of his _____ and during the _____ of the _____ or _____, may be given in _____

_____ such party _____ the _____ or agency is shown by _____ other than such _____ or _____. The same rule
applies to the act or _____ of a joint _____, joint debtor, or other _____ jointly _____ with the party. (26a)

Section 30. Admission by _____. — The act or declaration of a _____ _____ to the _____ and during its
_____, may be given in _____ against the _____ after the _____ is shown by _____ other than such act of
_____. (27)

Section 31. Admission by _____. — Where one _____ _____ to _____ from _____, the act, _____, or _____
of the _____, while _____ the title, in _____ to the _____, is _____ against the _____. (28)

Section 32. Admission by _____. — An act or _____ made in the _____ and within the _____ or observation
of a _____ who does or _____ _____ when the act or _____ is such as _____ to _____ for _____ or _____ if not
_____, and when _____ and _____ for him to do so, may be _____ in evidence _____ him. (23a)

Section 33. _____. — The _____ of an accused _____ his _____ of the _____ _____, or of any offense
_____ included therein, may be given in _____ against him. (29a)

4. _____ _____ as Evidence

Section 34. Similar acts as _____. — Evidence that one did or did not do a _____ thing at one time is not
_____ to _____ that he did or did not do the same or _____ _____ at another time; but it may be _____ to prove
a specific _____ or _____; identity, _____, _____, _____, _____, custom or _____, and the like. (48a)

Section 35. _____ offer. — An offer in writing to pay a _____ sum of _____ or to _____ a _____ instrument
or _____ personal _____ is, if _____ _____ valid _____, _____ to the actual _____ and _____ of the _____,
_____, or property. (49a)

5. Testimonial Knowledge

Section 36. Testimony _____ _____ to personal _____; _____ _____. — A witness can _____ only to those
facts which he knows of his _____ knowledge; that is, which are _____ from his own _____, except as _____
provided in these rules. (30a)

6. Exceptions To The Hearsay Rule

Section 37. _____ _____. — The declaration of a dying _____, made under the _____ of an _____ _____,
may be received in any case wherein his _____ is the subject of _____, as _____ of the _____ and _____ _____
of such _____. (31a)

Section 38. Declaration against _____. — The _____ made by a person _____, or _____ to _____, against
the _____ of the _____, if the fact is _____ in the _____ was at the time it was _____ so far _____ to _____
own _____, that a _____ man in his _____ would not have made the _____ unless he _____ it to be true, may be
_____ in _____ against _____ or his _____ in _____ and against third _____. (32a)

Section 39. Act or _____ about _____. — The act or declaration of a person _____, or _____ to _____, in
_____ to the _____ of another person _____ to him by _____ or _____, may be _____ in _____ where it
occurred before the _____, and the _____ between the two _____ is shown by _____ other than such act or
_____. The word _____ includes _____, family _____, birth, _____, death, the _____ when and the _____
where these fast _____, and the _____ of the _____. It

_____ also facts of family _____ _____ connected with _____. (33a)
Section 40. Family _____ or _____ _____ pedigree. — The reputation or _____ existing in a family _____ to
the _____, in _____ to the pedigree of any one of its _____, may be _____ in evidence if the witness _____
thereon be also a _____ of the family, either by _____ or _____. Entries in _____ _____ or other _____ _____
or charts, _____ on _____, family _____ and the like, may be _____ as evidence of _____. (34a)

Section 41. Common reputation. — Common reputation _____ previous to the _____, _____ facts of public
or _____ _____ more than _____ _____ _____, or respecting _____ or _____ _____, may be given in _____.
_____ and _____ in public places may be _____ as evidence of _____ _____. (35)

Section 42. Part of _____ _____. — _____ made by a _____ while a _____ _____ is _____ place or _____
prior or _____ thereto with _____ to the _____ thereof, may be given in _____ as part of _____ _____. So, also,
_____ _____ an _____ act _____ to the issue, and _____ it a legal _____, may be _____ as part of the res gestae.
(36a)

Section 43. Entries in the _____ of _____. — Entries _____ at, or near the time of _____ to which they refer,
by a person _____, or unable to _____, who was in a _____ to know the _____ therein _____, may be _____ as
_____ facie evidence, if such person made the _____ in his _____ _____ or in the _____ of _____ and in the
_____ or _____ course of _____ or _____. (37a)

Section 44. Entries in _____ records. — Entries in _____ _____ made in the _____ of his duty by a _____
_____ of the _____, or by a person in the _____ of a duty _____ _____ by law, are prima facie evidence of the
facts therein stated. (38)

Section 45. _____ lists and the like. — _____ of statements of _____ of interest to _____ engaged in an
_____ contained in a list, _____, _____, or other _____ _____ is _____ as _____ to _____ the _____ of any
_____ matter so _____ if that _____ is _____ for use by persons _____ in that occupation and is _____ used and
_____ upon by them therein. (39)

Section 46. _____ _____. — A _____ _____, periodical or _____ on a subject of _____, law, _____, or art is
_____ as _____ to prove the _____ of a _____ stated therein if the court takes _____ _____, or a witness expert
in the subject _____, that the writer of the _____ in the _____, periodical or pamphlet is _____ in his _____ or
_____ as _____ in the subject. (40a)

Section 47. Testimony or _____ at a former proceeding. — The _____ or _____ of a witness dece_____ased
or _____ to _____, given in a former case or _____, judicial or _____, involving the same _____ and _____
_____, may be given in _____ against the _____ party who had the _____ to _____ him. (41a)

7. Opinion Rule

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

Section 49. _____ of expert _____. — The opinion of a _____ on a matter requiring _____ _____, _____,
experience or _____ which he _____ to posses, may be _____ in _____. (43a)

Section 50. Opinion of _____ witnesses. — The opinion of a _____ for which _____ _____ is given, may be
_____ in _____ regarding —

(a) the _____ of a person about whom he has _____ knowledge;


(b) A _____ with which he has _____ _____; and

(c) The mental _____ of a person with whom he is _____ _____.

The _____ may also testify on his _____ of the _____, behavior, _____ or _____ of a person. (44a)

8. Character Evidence

Section 51. Character _____ not generally _____; exceptions: —

(a) In _____ Cases:

(1) The accused may prove his _____ moral _____ which is pertinent to the _____ _____ involved in the _____
charged.

(2) Unless in _____, the _____ may not prove his _____ moral _____ which is _____ to the moral trait involved
in the _____ _____.

(3) The good or bad _____ character of the offended _____ may be proved if it _____ to _____ in any _____
_____ the _____ or _____ of the offense _____.

(b) In Civil Cases:

_____ of the moral _____ of a party in civil case is _____ only when _____ to the issue of _____ involved in
the _____.

(c) In the case provided for in Rule 132, Section 14, (46a, 47a)

RULE 131
Burden of Proof and Presumptions

Section 1. Burden of proof. — Burden of _____ is the duty of a party to _____ _____ on the facts in issue
necessary _____ _____ his claim _____ _____ by the amount of _____ _____ by law. (1a, 2a)

Section 2. _____ _____. — The following are _____ of _____ presumptions:

(a) Whenever a _____ has, by his own _____, act, or _____, _____ and _____ led to another to believe a _____
thing _____, and to act upon such _____, he cannot, in any _____ arising out of such _____, act or _____, be
_____ to _____ it:

(b) The _____ is not _____ to deny the title of his _____ at the time of _____ of the relation of _____ and _____
between them. (3a)

Section 3. Disputable _____. — The following _____ are satisfactory if _____, but may be _____ and
overcome by other _____:

(a) That a _____ is _____ of _____ or _____;


(b) That an _____ act was done with an _____ _____;

(c) That a person _____ the ordinary _____ of his voluntary act;

(d) That a person takes _____ _____ of his _____;

(e) That evidence _____ _____ would be adverse if _____;

(f) That _____ _____ by one to _____ was due to the _____;

(g) That a thing _____ by one to _____ _____ to the _____;

(h) That an _____ _____ up to the _____ has _____ paid;

(i) That prior _____ or _____ had been paid when a _____ for the later one is _____;

(j) That a person found in _____ of a thing taken in the _____ of a recent _____ act is the _____ and the doer of
the _____ act; otherwise, that _____ which a person _____, or _____ acts of _____ over, are _____ by him;

(k) That a person in _____ of an order on _____ for the payment of the _____, or the _____ of anything, has
paid the _____ or _____ the thing _____;

(l) That a person _____ in a _____ _____ was _____ _____ or _____ to it;

(m) That _____ duty has been _____ _____;

(n) That a court, or _____ acting as such, whether in the _____ or _____, was acting in the _____ exercise of
_____;

(o) That all the _____ within an _____ raised in a case were _____ before the court and _____ upon by it; and in
like _____ that all matters within an _____ raised in a _____ _____ for _____ were laid before the _____ and
_____ upon by them;

(p) That _____ _____ have been _____ and _____;

(q) That the _____ course of _____ has been _____;

(r) That there was a _____ _____ for a _____;

(s) That a negotiable _____ was given or _____ for a _____ _____;

(t) That an _____ of negotiable _____ was made before the _____ was _____ and at the _____ where the _____
is _____;

(u) That a _____ is _____ _____;

(v) That a _____ duly _____ and _____ was received in the _____ course of the _____;

(w) That after an _____ of _____ _____, it being unknown _____ or not the _____ still lives, he is

_____ dead for all _____, _____ for those of _____.


The _____ shall not be _____ dead for the purpose of _____ his _____ till after an _____ of ten years. If he
_____ after the age of _____ years, an _____ of five years shall be _____ in order that his _____ may be _____.

The following shall be _____ dead for all _____ including the _____ of the _____ among the heirs:

(1) A person on _____ a vessel lost _____ a sea _____, or an _____ with is _____, who has not been heard of
for _____ _____ since the loss of the _____ or _____;

(2) A _____ of the _____ forces who has taken part in _____ _____, and has been _____ for four years;

(3) A _____ who has been in _____ of _____ under other _____ and whose _____ has not been _____ for four
_____;

(4) If a _____ _____ has been absent for _____ _____ years, the _____ present may _____ a _____ marriage if
he or she has _____ _____ that the _____ spouse is _____ _____. In case of _____, where there is a _____ of
_____ the _____ _____ provided, an _____ of only _____ years shall be _____ for the purpose of _____ a
_____ marriage. However, in any case, before _____ again, _____ spouse present must _____ a _____
proceedings as _____ in the _____ Code and in the _____ for _____ of _____ _____ of the _____, without
_____ to the effect of _____ of the _____ spouse.

(x) That _____ resulted from a belief that the thing _____ in was _____ to the law or fact;

(y) That things have _____ according to the _____ course of nature and _____ nature _____ of life;

(z) That _____ acting as _____ have entered into a contract of _____;

(aa) That a _____ and _____ deporting _____ as husband and wife have _____ into a _____ _____ of marriage;

(bb) That property _____ by a man and a woman who are _____ to marry each other and who live _____ with
each other as _____ and wife _____ the _____ of _____ or under _____ marriage, has been _____ by their
_____ efforts, _____ or _____.

(cc) That in cases of _____ by a man and a woman who are not _____ to marry each other and who have _____
_____ through their _____ _____ _____ of money, property or _____, such _____ and their corresponding
shares including joint _____ of money and _____ of _____ are _____.

(dd) That if the marriage is _____ and the _____ _____ another marriage within _____ _____ _____ after such
_____ of the _____ _____, these rules shall govern in the _____ of _____ to the contrary:

(1) A child born before one hundred eighty days after the _____ of the subsequent _____ is _____ to have been
_____ during such marriage, even though it be _____ within the three _____ days after the _____ of the former
_____.

(2) A child born after one _____ _____ _____ following the celebration of the _____ marriage is considered to
have been _____ during such marriage, even _____ it be born within the _____ _____ _____ after the _____ of
the former _____.

(ee) That a thing once _____ to exist _____ as long as is usual with things of the _____;
(ff) That the _____ has been _____;

(gg) That a printed or _____ book, _____ to be printed or _____ by public _____, was so _____ or _____;

(hh) That a _____ or _____ book, purporting _____ reports of cases _____ in _____ of the _____ where the
book is _____, contains _____ _____ of such cases;

(ii) That a _____ or other person whose _____ it was to _____ real _____ to a _____ person has _____ _____ it
to him when such _____ is _____ to perfect the title of such _____ or his _____ in interest;

(jj) That except for _____ of _____, when two persons _____ in the same _____, such as _____, _____, or
_____, and it is not shown who died first, and there are no _____ _____ from which it can be _____, the _____
is determined from the _____ resulting from the _____ and the _____ of the _____, according to the following
rules:

1. If _____ were under the age of _____ _____, the older is _____ to have _____;

2. If both were above the _____ _____, the younger is _____ to have _____;

3. If one is under _____ and the other _____ _____, the former is _____ to have _____;

4. If both be over _____ and under _____, and the sex be _____, the male is _____ to have _____, if the sex be
the same, the older;

5. If one be _____ _____ or _____ _____, and the other between those _____, the latter is _____ to have _____.

(kk) That if there is a _____, as between two or more _____ who are _____ to _____ each other, as to which of
them _____ first, whoever _____ the _____ of one _____ to the other, shall _____ the same; in the _____ of
proof, they shall be _____ to have _____ at the same time. (5a)

Section 4. No _____ of _____ or _____. — There is no _____ of legitimacy of a child _____ after three
hundred days following the _____ of the _____ or the _____ of the _____. Whoever alleges the _____ or
illegitimacy of such child must _____ his _____. (6)

RULE 132

Presentation of Evidence

A. EXAMINATION OF WITNESSES

Section 1. _____ to be _____ in open court. — The examination of _____ _____ in a trial or hearing shall
be done in open court, and under _____ or _____. Unless the witness is _____ to _____, or the _____ calls for a
_____ _____ of _____, the _____ of the _____ shall be given _____. (1a)

Section 2. Proceedings to be recorded. — The entire _____ of a trial or hearing, including the _____
propounded to a _____ and his _____ thereto, the _____ made by the _____ or any of the

parties, _____, or _____ with reference to the _____, shall be _____ by means of _____ or _____ or by other
means of _____ found _____ by the court.

A _____ of the record of the _____ made by the official _____, stenotypist or _____ and _____ as correct by
him shall be _____ _____ _____ a _____ statement of such _____. (2a)

Section 3. _____ and _____ of a witness. — A witness must answer _____, although his _____ may tend to
establish a _____ against him. However, it is the _____ of a _____:

(1) To be _____ from _____, improper, or _____ questions, and from _____ or _____ demeanor;

(2) Not to be _____ longer than the interests of _____ require;

(3) Not to be _____ except only as to matters _____ to the _____;

(4) Not to give an _____ which will _____ to _____ him to a penalty for an _____ unless otherwise _____ by
law; or

(5) Not to give an _____ which will tend to _____ his _____, unless it to be the very fact at issue or to a fact
from which the fact in _____ would be _____. But a witness must _____ to the _____ of his _____ _____
_____ for an _____. (3a, 19a)

Section 4. _____ in the _____ of an individual witness. — The order in which the _____ _____ may be
_____ is as follows;

(a) Direct _____ by the _____;

(b) _____ by the _____;

(c) _____ _____ by the _____;

(d) _____ by the _____. (4)

Section 5. Direct _____. — Direct examination is the _____ of a witness by the party _____ him on the
facts _____ to the _____. (5a)

Section 6. _____; its _____ and extent. — Upon the termination of the direct _____, the witness may be
_____ by the adverse party as to many _____ stated in the direct _____, or _____ therewith, with sufficient
_____ and _____ to test his _____ and _____ and freedom from _____ or _____, or the _____, and to _____ all
important _____ _____ upon the _____. (8a)

Section 7. _____; its purpose and extent. — After the cross-examination of the _____ has been _____, he
may be _____ by the _____ _____ him, to _____ or _____ his answers given during the _____. On re-direct-
_____, questions on matters not dealt _____ during the cross-examination, may be _____ by the _____ in its
_____. (12)

Section 8. _____. — Upon the _____ of the re-direct examination, the _____ _____ may re-cross-examine
the _____ on _____ stated in his re-direct _____, and also on such other _____ as may be _____ by the court in
its _____. (13)

Section 9. Recalling witness. — After the _____ of a _____ by both sides has been _____, the witness
cannot be _____ _____ leave of the _____. The court will _____ or _____ leave in its _____, as
the _____ of _____ may _____. (14)
Section 10. _____ and _____ questions. — A _____ which _____ to the _____ the answer which the _____
party _____ is a _____ question. It is not _____, except:

(a) On _____ _____;

(b) On _____ matters;

(c) When there is a _____ is getting _____ and _____ answers from a _____ who is _____, or a _____ of _____
years, or is of _____ _____, or a _____;

(d) Of an _____ or _____ _____; or

(e) Of a _____ who is an _____ party or an _____, director, or _____ agent of a public or _____ _____ or of a
_____ or _____ which is an _____ party.

A _____ _____ is one which _____ as true a fact not yet _____ to by the _____, or _____ to that which he has
_____ stated. It is not _____. (5a, 6a, and 8a)

Section 11. _____ of adverse party's _____. — A witness may be _____ by the party against whom he was
called, by _____ evidence, by _____ that his _____ _____ for _____, honestly, or _____ is bad, or by _____
that he has made at other _____ statements _____ with his present, _____, but not by _____ of particular _____
acts, except that it may be _____ by the _____ of the _____, or the _____ of the _____, that he has been _____
of an _____. (15)

Section 12. Party may not _____ his own _____. — Except with respect to witnesses _____ to in paragraphs
(d) and (e) of Section 10, the party _____ a witness is not _____ to impeach his _____.

A witness may be _____ as _____ or hostile only if so _____ by the court upon _____ showing of his adverse
_____, _____ _____ to testify, or his having _____ the party into _____ him to the witness _____.

The _____ or _____ witness so _____, or the witness who is an adverse _____, may be _____ by the _____
_____ him in all _____ as if he had been _____ by the _____ party, except by _____ of his bad character. He
may also be _____ and _____ by the _____ party, but such cross-examination must only be on the _____ _____
of his _____. (6a, 7a)

Section 13. How witness _____ by _____ of _____ statements. — Before a witness can be _____ by _____
that he has made at other times _____ _____ with his present _____, the _____ must be _____ to him, with the
_____ of the times and places and the _____ present, and he must be _____ whether he made such _____,
_____ if so, allowed to _____ them. If the statements be in _____ they must be _____ to the witness _____ any
question is _____ to him concerning _____. (16)

Section 14. Evidence of _____ character of _____. — Evidence of the good _____ of a _____ is not _____
until such character has been _____. (17)

Section 15. _____ and _____ of witnesses. — On any _____ or _____, the judge may _____ from the court
any _____ not at the time under _____, so that he may not hear the _____ of other _____. The judge may also
_____ _____ to be kept separate and to be _____ from _____ with one _____ until all shall have been _____.
(18)

Section 16. When witness may _____ to _____. — A witness may be allowed to _____ his memory _____ a
fact, by _____ written or _____ by himself or under his _____ at the time when the fact _____, or _____
thereafter, or at any other time when the fact was _____ in his _____ and knew that the same was _____ written
or _____; but in such case the _____ or record must be _____ and may be _____ by the adverse _____, who
may, if he _____, cross _____ the _____ upon it, and may _____ it in _____. So, also, a _____ may _____ from
such _____ or _____, though he _____ no _____ of the _____ facts, if he is able to swear that the writing or
record _____ stated the _____ when made; but such _____ must be received with _____. (10a)

Section 17. When part of _____, writing or _____ given in _____, the remainder, the _____ admissible. —
When part of an act, _____, conversation, _____ or record is given in _____ by one party, the _____ of the same
subject may be _____ into _____ the other, and when a _____ act, declaration, _____, writing or _____ is given
in _____, any other act, _____, _____, writing or record _____ to its _____ may also be given in evidence. (11a)

Section 18. Right to _____ writing shown to _____. — Whenever a writing is _____ to a _____, it may be
_____ by the adverse party. (9a)

B. AUTHENTICATION AND PROOF OF DOCUMENTS

Section 19. _____ of _____. — For the purpose of their _____ evidence, _____ are either _____ or _____.

Public documents are:

(a) The _____ _____ acts, or _____ of the official acts of the _____ authority, _____ bodies and _____, and
public _____, whether of the _____, or of a foreign country;

(b) Documents _____ before a notary _____ except last _____ and _____; and

(c) Public _____, kept in the _____, of _____ documents _____ by law to the _____ therein.

All other _____ are _____. (20a)

Section 20. Proof of _____ _____. — Before any private _____ offered as _____ is received in _____, its due
_____ and _____ must be proved _____:

(a) By anyone who _____ the document _____ or _____; or

(b) By evidence of the _____ of the _____ or _____ of the _____.

Any other _____ _____ need only be _____ as that which it is _____ to be. (21a)

Section 21. When evidence of _____ of private _____ not _____. — Where a private document is _____ than
_____ _____ _____, is _____ from the _____ in which it would naturally be found if _____, and is _____ by
any _____ or _____ of _____, no other evidence of its _____ need be given. (22a)

Section 22. How _____ of _____ proved. — The handwriting of a person may be _____ by any witness who
_____ it to be the handwriting of _____ person because he has seen the _____ write, or has _____ writing
_____ to be his upon which the _____ has acted or been _____, and has thus _____ _____ of the _____ of such
_____. Evidence _____ the handwriting _____ also be given by a _____,

made by the _____ or the court, with writings admitted or _____ as _____ by the party _____ whom the
evidence is offered, or proved to be _____ to the _____ of the _____. (23a)

Section 23. Public _____ as evidence. — Documents _____ of _____ in public _____ made in the _____ of a
_____ by a public officer are _____ _____ _____ of the facts therein stated. All other public documents are
evidence, even against a _____ person, of _____ fact which gave rise to their _____ and of the _____ of the
_____. (24a)

Section 24. Proof of official record. — The record of _____ documents _____ to in paragraph (a) of Section
19, when _____ for any _____, may be _____ by an official _____ thereof or by a copy _____ by the officer
having the _____ custody of the _____, or by his _____, and _____, if the _____ is not kept in the Philippines,
with a _____ that such officer has the _____. If the _____ in which the record is kept is in foreign _____, the
_____ may be made by a _____ of the _____ or _____, consul _____, _____, vice _____, or _____ agent or by
any officer in the _____ service of the Philippines _____ in the _____ country in which the _____ is kept, and
_____ by the _____ of his office. (25a)

Section 25. What attestation of copy must state. — Whenever a _____ of a document or _____ is _____ for
the _____ of _____, the _____ must state, in _____, that the copy is a _____ _____ of the _____, or a specific
_____ thereof, as the case may be. The _____ must be under the _____ seal of the _____ officer, if there be any,
or if he be the _____ of a _____ having a _____, under the seal of such court. (26a)

Section 26. _____ of public record. — Any public record, an _____ copy of which is _____ in _____, must
not be removed from the office in which it is kept, _____ upon order of a court where the inspection of the
record is _____ to the just _____ of a _____ case. (27a)

Section 27. Public _____ of a private document. — An _____ public record of a private _____ may be _____
by the _____ record, or by a _____ thereof, attested by the _____ _____ of the _____, with an appropriate
_____ that _____ officer has the _____. (28a)

Section 28. _____ of lack of _____. — A _____ _____ signed by an officer having the custody of an official
_____ or by his _____ that after diligent search no _____ or entry of a _____ _____ is _____ to exist in the
records of his office, _____ by a _____ as above provided, is _____ as evidence that the records of his office
_____ no such _____ or _____. (29)

Section 29. How _____ record _____. — Any judicial record may be impeached by _____ of: (a) _____ of
jurisdiction in the _____ or _____ officer, (b) _____ between the _____, or (c) _____ in the _____ _____ the
_____, in respect to the _____. (30a)

Section 30. Proof of _____ documents. — Every _____ duly _____ or _____ and _____ as provided by law,
may be _____ in evidence _____ further proof, the certificate of _____ being _____ facie _____ of the _____ of
the _____ or document _____. (31a)

Section 31. _____ in _____, how to explain. — The party _____ a document as _____ which has been altered
and _____ to have been _____ after its _____, in a part _____ to the _____ in _____, must _____ for the _____.
He may show that the _____ was made by _____, without his _____, or was made with the _____ of the parties
_____ by it, or was otherwise _____ or _____ made, or that the _____ did not change the _____ or _____ of the
_____. If he fails to do that, the _____ shall not be _____ in evidence. (32a)

Section 32. Seal. — There shall be no _____ between sealed and _____ private _____ insofar as their _____
as _____ is _____. (33a)

Section 33. _____ evidence in an unofficial language. — Documents written in an _____ _____ shall not be
_____ as _____, unless _____ with a _____ into _____ or Filipino. To avoid _____ of _____, parties or their
attorneys _____ _____ to have such _____ _____ before trial. (34a)

C. OFFER AND OBJECTION

Section 34. _____ of _____. — The court shall consider no _____ which has not been _____ offered. The
_____ for which the _____ is offered must be _____. (35)

Section 35. When to make _____. — As regards the _____ of a witness, the _____ must be _____ at the time
the _____ is _____ to _____.

_____ and _____ evidence shall be _____ after the _____ of a party's _____ _____. Such offer shall be _____
_____ _____ _____ by the court to be done in _____. (n)

Section 36. Objection. — Objection to _____ offered orally must be made _____ _____ the offer is made.

Objection to a _____ _____ in the _____ of the oral _____ of a _____ shall be _____ as soon as the _____
therefor shall become _____ _____.

An _____ of _____ in writing shall be _____ to within _____ (_) days after _____ of the _____ a _____ period
is _____ by the court.

In any case, the grounds for the _____ must be _____. (36a)

Section 37. When repetition of _____ unnecessary. — When it becomes _____ _____ in the _____ of the
examination of a _____ that the _____ being _____ are of the same class as _____ to which objection has been
made, whether such _____ was _____ or _____, it shall not be _____ to _____ the _____, it being _____ for the
_____ party to _____ his _____ _____ to such _____ of _____. (37a)

Section 38. Ruling. — The _____ of the court must be given _____ after the _____ is made, unless the court
desires to take a _____ time to _____ _____ on the question _____; but the _____ shall _____ be made during
the _____ and at such _____ as will give the _____ against whom it is made an _____ to _____ the _____
presented by the _____.

The reason for _____ or _____ an _____ need not be _____. However, if the _____ is based on _____ or _____
grounds, a ruling _____ the _____ on one or some of them must _____ the ground or grounds _____ upon. (38a)

Section 39. _____ out _____. — Should a _____ answer the question before the _____ party had the _____
to _____ _____ its _____ to the same, and such _____ is found to be _____, the court shall _____ the objection
and _____ the _____ given to be _____ off the _____.

On _____ motion, the court may also order the _____ out of _____ which are _____, _____, or otherwise _____.
(n)

Section 40. _____ of _____ evidence. — If _____ or things offered in _____ are _____ by the court, the
_____ may have the same _____ to or _____ part of the _____. If the evidence _____ is oral, the _____ may
state for the _____ the name and other _____ _____ of the witness and the _____ of

the _____ _____. (n)


RULE 133
Weight and _____ of _____

Section 1. _____ of evidence, how _____. — In civil cases, the party having _____ of proof must _____ his
case by a _____ of evidence. In _____ where the preponderance or _____ weight of _____ on the _____
involved _____, the court may _____ all the facts and _____ of the case, the witnesses' manner of testifying,
their _____, their means and _____ of _____ the facts to which there are _____, the _____ of the facts to which
they _____, the _____ or _____ of their _____, their interest or _____ of _____, and also their personal _____
so far as the same may _____ appear upon the _____. The court may also consider the _____ of _____, though
the _____ is not _____ with the _____ _____. (1a)

Section 2. Proof _____ reasonable doubt. — In a _____ case, the accused is _____ to an _____, unless his
_____ is shown beyond _____ doubt. Proof beyond _____ doubt does not _____ such a _____ of proof, _____
_____ of _____, produces absolute _____. Moral _____ only is required, or that degree of _____ which
produces _____ in an _____ _____. (2a)

Section 3. Extrajudicial _____, not sufficient ground for conviction. — An extrajudicial _____ made by an
_____, shall not be _____ ground for _____, unless _____ by _____ of _____ _____. (3)

Section 4. _____ evidence, when sufficient. — Circumstantial _____ is _____ for _____ if:

(a) There is _____ than _____ _____;

(b) The _____ from which the _____ are _____ are _____; and

(c) The _____ of all the _____ is such as to _____ a _____ _____ _____ _____. (5)

Section 5. _____ evidence. — In cases filed _____ _____ or _____ bodies, a fact may be _____ established
if it is _____ by substantial evidence, or that amount of _____ evidence which a _____ _____ _____ accept as
_____ to _____ a _____. (n)

Section 6. Power of the _____ to stop _____ _____. — The court may stop the _____ of further testimony
upon any _____ _____ when the evidence upon it is _____ so full that more _____ to the same point _____ be
_____ expected to be _____ _____. But this _____ should be _____ with _____. (6)

Section 7. _____ on _____. — When a _____ is based on facts not _____ of _____ the court may hear the
matter on _____ or _____ presented by the _____ parties, but the court may _____ that the _____ be _____
_____ or _____ on oral _____ or _____. (7)

RULE 134
_____ of Testimony

Section 1. Petition. — A person who desires to _____ his own _____ or that of another person _____ any
_____ that may be cognizable in any _____ of the Philippines, any file a verified petition in the court of the
province of the _____ of any _____ adverse party.

Section 2. Contents of _____. — The petition shall be _____ in the _____ of the _____ and shall show: (a)
that the petitioner _____ to be a party to an _____ in a court of the Philippines by is _____ _____ to bring it or
cause it to be _____; (b) the subject matter of the _____ _____ and his _____ therein; (c) the _____ which he
_____ to _____ by the _____ testimony and his _____ for desiring to _____ it; (d) the names of a _____ of the
persons he expects will be adverse _____ and their _____ so far as _____; and (e) the _____ and _____ of the
persons to be _____ and the _____ of the testimony which he _____ to elicit from each, and shall ask for an
order _____ the _____ to take the _____ of the _____ to be _____ named in the _____ for the _____ of _____
their testimony.

Section 3. Notice and service. — The petitioner shall _____ serve a _____ upon each person _____ in the
_____ as an _____ adverse party, together with a _____ of a _____, stating that the _____ will _____ to the
court, at a _____ and _____ named therein, for the order _____ in the _____. At least _____ (_) days before the
date of _____ the _____ shall be _____ in the _____ provided for _____ of _____.

Section 4. Order of examination. — If the court is _____ that the _____ of the _____ may _____ a failure or
delay of justice, it shall make an order _____ or _____ the persons whose _____ may be _____ and _____ the
_____ _____ of the _____, and whether the _____ shall be taken upon oral _____ or written _____. The _____
may then be taken in _____ with Rule 24 before the _____.

Section 5. _____ to court. — For the _____ of applying Rule 24 to depositions for _____ testimony, each
_____ therein to the court in which the _____ is _____ shall be _____ to refer to the _____ in which the _____
for such _____ was filed.

Section 6. Use of deposition. — If a _____ to perpetuate _____ is taken under this _____, or if, although not
so taken, it would be _____ in evidence, it may be _____ in any action involving the same _____ matter _____
brought in _____ with the provisions of Sections 4 and 5 of Rule 24.

Section 7. _____ pending appeal. — If an _____ has been taken from a _____ of the Regional Trial Court or
before the taking of an _____ if the time therefor has not expired_____ the Regional Trial Court in which the
judgment was _____ may _____ the _____ of _____ of _____ to _____ their testimony for use in the _____ of
further _____ in the said court. In such case the party who _____ to perpetuate the _____ may make a _____ in
the said Regional Trial Court for leave to take the _____, upon the same notice and _____ thereof as if the
_____ was pending therein. The _____ shall show (a) the name and the _____ of the persons to be _____ and
the _____ of the _____ which he expects to _____ from each; and (b) the _____ for _____ their testimony. If the
court finds that the _____ of the testimony is _____ to avoid a _____ or _____ of _____, it may make an order
allowing the _____ to be taken, and thereupon the depositions may be taken and _____ in the same _____ and
under the same _____ as are prescribed in these _____ for _____ taken in actions _____ in the Regional Trial
Court. (7a)