RULE 128

General Provisions
Section 1. Evidence defined. — Sec. 1. Evidence defined. — Evidence
Evidence is the means, sanctioned by is the means, sanctioned by these rules,
these rules, of ascertaining in a judicial of ascertaining in a judicial proceeding
proceeding the truth respecting a the truth respecting a matter of fact.
matter of fact.
Section 2. Scope. — The rules of Sec. 2. Scope. — The rules of evidence
evidence shall be the same in all courts shall be the same in all courts and in all
and in all trials and hearings, except as trials and hearings, except as otherwise
otherwise provided by law or these provided by law or these rules.
rules.
Section 3. Admissibility of evidence. — Sec. 3. Admissibility of evidence. —
Evidence is admissible when it is Evidence is admissible when it is
relevant to the issue and is not relevant to the issue and is not
excluded by the law or these rules. excluded by the Constituition, the law
or these rules.
Section 4. Relevancy; collateral Sec. 4. Relevancy; collateral matters.
matters. — Evidence must have such a — Evidence must have such a relation
relation to the fact in issue as to induce to the fact in issue as to induce belief
belief in its existence or non-existence. in its existence or non-existence.
Evidence on collateral matters shall not Evidence on collateral matters shall not
be allowed, except when it tends in any be allowed, except when it tends in any
reasonable degree to establish the reasonable degree to establish the
probability or improbability of the fact probability or improbability of the fact
in issue. in issue.

RULE 129

What Need Not Be Proved

Section 1. Judicial notice, when Sec. 1. Judicial notice, when

mandatory. — A court shall take
judicial notice, without the
introduction of evidence, of the
existence and territorial extent of
states, their political history, forms of
government and symbols of
nationality, the law of nations, the
admiralty and maritime courts of the
world and their seals, the political
constitution and history of the
Philippines, the official acts of
legislative, executive and judicial
mandatory. — A court shall take
judicial notice, without the introduction
of evidence, of the existence and
territorial extent of states, their
political history, forms of government
and symbols of nationality, the law of
nations, the admiralty and maritime
courts of the world and their seals, the
political constitution and history of the
Philippines, the official acts of
legislative, executive and judicial
departments of the National
departments of the Philippines, the Government of the Philippines, the
laws of nature, the measure of time, laws of nature, the measure of time,
and the geographical divisions. and the geographical divisions.

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

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

Section 3. Judicial notice, when Sec. 3. Judicial notice, when hearing

hearing necessary. — During the trial,
the court, on its own initiative, or on
request of a party, may announce its
intention to take judicial notice of any
matter and allow the parties to be heard
thereon.
After the trial, and before judgment or
on appeal, the proper court, on its own
initiative or on request of a party, may
take judicial notice of any matter and
allow the parties to be heard thereon if
such matter is decisive of a material
issue in the case.
necessary. — During the pre-trial and
the trial, the court, motu proprio, or
upon motion, shall hear the parties on
the propriety of taking judicial notice
of any matter.
Before judgment or on appeal, the
court, motu proprio or upon motion,
may take judicial notice of any matter
and shall hear the parties thereon if
such matter is decisive of a material
issue in the case.

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

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

RULE 130

Rules of Admissibility

A. OBJECT (REAL) EVIDENCE

Section 1. Object as evidence. — Sec. 1. Object as evidence. — Objects

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

B. DOCUMENTARY EVIDENCE

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

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

1. Best Evidence Rule 1. Original Document Rule

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

produced; exceptions. — When the produced; exceptions. — When the
subject of inquiry is the contents of a subject of inquiry is the contents of a
document, no evidence shall be document, writing, recording,
admissible other than the original photograph or other record, no
document itself, except in the evidence is admissible other than the
following cases: original document itself, except in the
following cases:
(a) When the original has been lost or
destroyed, or cannot be produced in (a) When the original has been lost or
court, without bad faith on the part of destroyed, or cannot be produced in
the offeror; court, without bad faith on the part of
the offeror;
(b) When the original is in the custody
or under the control of the party (b) When the original is in the custody
against whom the evidence is offered, or under the control of the party against
and the latter fails to produce it after whom the evidence is offered, and the
reasonable notice; latter fails to produce it after
reasonable notice, or the original
(c) When the original consists of cannot be obtained by local judicial
numerous accounts or other documents processes or procedures;
which cannot be examined in court
without great loss of time and the fact (c) When the original consists of
sought to be established from them is numerous accounts or other documents
only the general result of the whole; which cannot be examined in court
and without great loss of time and the fact
sought to be established from them is
(d) When the original is a public record only the general result of the whole;
in the custody of a public officer or is
recorded in a public office. (d) When the original is a public record
in the custody of a public officer or is
recorded in a public office; and

(e) When the original is not closely-

related to a controlling issue.

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

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

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

(b) A duplicate is admissible to the

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

2. Secondary Evidence
Section 5. When original document is
unavailable. — When 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 without 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 witnesses in the order
stated.
Section 6. When original document is
in adverse party's custody or control.
— If the document is in the custody or
under the control of adverse party, he
must have reasonable notice to produce
it. If 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.
Section 7. Evidence admissible when
original document is a public record.
— When 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
Sec. 5. When original document is
unavailable. — When 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 without 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 witnesses in the order
stated.
Sec. 6. When original document is in
adverse party's custody or control. —
If the document is in the custody or
under the control of adverse party, he
or she must have reasonable notice to
produce it. If after such notice and after
satisfactory proof of its existence, he or
she fails to produce the document,
secondary evidence may be presented
as in the case of its loss.
Sec. 7. Summaries. - When the
contents of documents, records,
photographs, or numerous accounts are
voluminous and cannot be examined in
court without great loss of time, and
the fact sought to be established is only
the general result of the whole, the
contents of such evidence may be
presented in the form of a chart,
summary, or calculation.
The originals shall be available for
examination or copying, or both, by the
adverse party at a reasonable time and
place. The court may order that they be
produced in court.
Sec. 8. Evidence admissible when
original document is a public record.
— When 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 issued by the public officer in custody
thereof. thereof.

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

3. Parol Evidence Rule

Section 9. Evidence of written Sec. 10. Evidence of written

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

However, a party may present However, a party may present evidence

evidence to modify, explain or add to to modify, explain or add to the terms
the terms of written agreement if he of written agreement if he or she puts
puts in issue in his pleading: in issue in a verified pleading:

(a) An intrinsic ambiguity, mistake or (a) An intrinsic ambiguity, mistake or

imperfection in the written agreement; imperfection in the written agreement;

(b) The failure of the written (b) The failure of the written
agreement to express the true intent agreement to express the true intent
and agreement of the parties thereto; and agreement of the parties thereto;

(c) The validity of the written (c) The validity of the written
agreement; or agreement; or

(d) The existence of other terms agreed (d) The existence of other terms agreed
to by the parties or their successors in to by the parties or their successors in
interest after the execution of the interest after the execution of the
written agreement. written agreement.

The term "agreement" includes wills. The term "agreement" includes wills.

4. Interpretation Of Documents

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

according to its legal meaning. — The
language of a writing is to be
interpreted according to the legal
meaning it bears in the place of its
execution, unless the parties intended
otherwise.
Section 11. Instrument construed so as
to give effect to all provisions. — In
the construction of an instrument,
where there are several provisions or
particulars, such a construction is, if
possible, to be adopted as will give
effect to all.
Section 12. Interpretation according
to intention; general and particular
provisions. — In the construction of an
instrument, the intention of the parties
is to be pursued; and when a general
and a particular provision are
inconsistent, the latter is paramount to
the former. So a particular intent will
control a general one that is
inconsistent with it.
Section 13. Interpretation according
to circumstances. — For the proper
construction of an instrument, the
circumstances under which it was
made, including the situation of the
subject thereof and of the parties to it,
may be shown, so that the judge may
be placed in the position of those who
language he is to interpret.
Section 14. Peculiar signification of
terms. — The terms of a writing are
presumed to have been used in their
primary and general acceptation, but
evidence is admissible to show that
they have a local, technical, or
otherwise peculiar signification, and
were so used and understood in the
particular instance, in which case the
agreement must be construed
according to its legal meaning. — The
language of a writing is to be
interpreted according to the legal
meaning it bears in the place of its
execution, unless the parties intended
otherwise.
Sec. 12. Instrument construed so as to
give effect to all provisions. — In the
construction of an instrument, where
there are several provisions or
particulars, such a construction is, if
possible, to be adopted as will give
effect to all.
Sec. 13. Interpretation according to
intention; general and particular
provisions. — In the construction of an
instrument, the intention of the parties
is to be pursued; and when a general
and a particular provision are
inconsistent, the latter is paramount to
the former. So a particular intent will
control a general one that is
inconsistent with it.
Sec. 14. Interpretation according to
circumstances. — For the proper
construction of an instrument, the
circumstances under which it was
made, including the situation of the
subject thereof and of the parties to it,
may be shown, so that the judge may
be placed in the position of those who
language he or she is to interpret.
Sec. 15. Peculiar signification of
terms. — The terms of a writing are
presumed to have been used in their
primary and general acceptation, but
evidence is admissible to show that
they have a local, technical, or
otherwise peculiar signification, and
were so used and understood in the
particular instance, in which case the
agreement must be construed
accordingly.
Section 15. Written words control
printed. — When an instrument
consists partly of written words and
partly of a printed form, and the two
are inconsistent, the former controls
the latter.
Section 16. Experts and interpreters to
be used in explaining certain writings.
— When the characters in which an
instrument is written are difficult to be
deciphered, or the language is not
understood by the court, the evidence
of persons skilled in deciphering the
characters, or who understand the
language, is admissible to declare the
characters or the meaning of the
language.
Section 17. Of Two constructions,
which preferred. — When 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 which he supposed the
other understood it, and when different
constructions of a provision are
otherwise equally proper, that is to be
taken which is the most favorable to
the party in whose favor the provision
was made.
Section 18. Construction in favor of
natural right. — When an instrument
is equally susceptible of two
interpretations, one in favor of natural
right and the other against it, the
former is to be adopted.
Section 19. Interpretation according
to usage. — An instrument may be
construed according to usage, in order
to determine its true character.
accordingly.
Sec. 16. Written words control printed.
— When an instrument consists partly
of written words and partly of a printed
form, and the two are inconsistent, the
former controls the latter.
Sec. 17. Experts and interpreters to be
used in explaining certain writings. —
When the characters in which an
instrument is written are difficult to be
deciphered, or the language is not
understood by the court, the evidence
of persons skilled in deciphering the
characters, or who understand the
language, is admissible to declare the
characters or the meaning of the
language.
Sec. 18. Of Two constructions, which
preferred. — When 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 which he or she
supposed the other understood it, and
when different constructions of a
provision are otherwise equally proper,
that is to be taken which is the most
favorable to the party in whose favor
the provision was made.
Sec. 19. Construction in favor of
natural right. — When an instrument
is equally susceptible of two
interpretations, one in favor of natural
right and the other against it, the
former is to be adopted.
Sec. 20. Interpretation according to
usage. — An instrument may be
construed according to usage, in order
to determine its true character.
 C. TESTIMONIAL EVIDENCE

1. Qualification of Witnesses

Section 20. Witnesses; their Sec. 21. Witnesses; their qualifications.

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

Religious or political belief, interest in Religious or political belief, interest in

the outcome of the case, or conviction the outcome of the case, or conviction
of a crime unless otherwise provided of a crime unless otherwise provided
by law, shall not be ground for by law, shall not be ground for
disqualification. disqualification.

Section 21. Disqualification by reason

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

(a) Those whose mental condition, at

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

(b) Children whose mental maturity is

such as to render them incapable of
perceiving the facts respecting which
they are examined and of relating them
truthfully.

Section 36. Testimony generally Sec. 22. Testimony confined to

confined to personal
knowledge; hearsay excluded. — A
witness can testify only to those facts
which he knows of his personal
knowledge; that is, which are derived
from his own perception, except as
otherwise provided in these rules.
personal knowledge. — A witness can
testify only to those facts which he or
she knows of his or her personal
knowledge; that is, which are derived
from his or her own perception.

Section 22. Disqualification by reason Sec. 23. Disqualification by reason of

of marriage. — During their marriage, marriage. — During their marriage,the
neither the husband nor the wife may husband or the wife cannot testify
testify for or against the other without against the other without the consent of
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.
Section 23. Disqualification by reason
of death or insanity of adverse party.
— Parties or assignor of parties to a
case, or persons in whose 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.
Section 24. Disqualification by reason
of privileged communication. — The
following persons cannot testify as to
matters learned in confidence in the
following cases:
(a) The husband or the wife, during or
after the marriage, cannot be examined
without 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) An attorney cannot, without 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 with a view to,
professional employment, nor can an
attorney's secretary, stenographer, or
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.
Sec. 24. Disqualification by reason of
privileged communication. — The
following persons cannot testify as to
matters learned in confidence in the
following cases:
(a) The husband or the wife, during or
after the marriage, cannot be examined
without 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) An attorney or person reasonably
believed by the client to be licensed to
engage in the practice of law cannot,
without the consent of his client, be
examined as to any communication
made by the client to him or her, or his
or her advice given thereon in the
clerk be examined, without the consent
of the client and his employer,
concerning any fact the knowledge of
which has been acquired in such
capacity;
(c) A person authorized to practice
medicine, surgery or obstetrics cannot
in a civil case, without the consent of
the patient, be examined as to any
advice or treatment given by him or
any information which he may have
acquired in attending such patient in a
professional capacity, which
information was necessary to enable
him to act in capacity, and which
would blacken the reputation of the
patient;
course of, or with a view to,
professional employment, nor can an
attorney's secretary, stenographer, or
clerk, or other persons assisting the
attorney be examined, without the
consent of the client and his or her
employer, concerning any fact the
knowledge of which has been acquired
in such capacity, except in the
following cases:
(i) Furtherance of crime or fraud. If
the services or advice of the lawyer
were sought or obtained to enable or
aid anyone to commit or plan to
commit what the client knew or
reasonably should have known to be a
crime or fraud;

(d) A minister or priest cannot, without (ii) Claimants through same deceased
the consent of the person making the client. As to communication relevant to
confession, be examined as to any an issue between parties who claim
confession made to or any advice through the same deceased client,
given by him in his professional regardless of whether the claims are ny
character in the course of discipline testate or intestate or by inter vivos
enjoined by the church to which the transaction;
minister or priest belongs;
(iii) Breach of duty by lawyer or client.
(e) A public officer cannot be As to a communication relevant to an
examined during his term of office or issue of breach of duty by the lawyer to
afterwards, as to communications his or her client, or by the client to his
made to him in official confidence, or her lawyer;
when the court finds that the public
interest would suffer by the disclosure. (iv) Document attested by the lawyer.
As to a communication relevant to an
issue concerning an attested document
to which the lawyer is an attesting
witness; or

(v) Joint clients. As to a

communication relevant to a matter of
common interest between two or more
clients if the communication was made
by any of them to a lawyer retained or
consulted in common, when offered in
an action between any of the clients,
unless they have expressly agreed
otherwise.
(c) A physician, psychotherapist or
person reasonably believed by the
patient to be authorized to practice
medicine, or psychotherapy cannot in a
civil case, without the consent of the
patient, be examined as to any
confidential communication made for
the purpose of diagnosis or treatment
of the patient’s physical, mental or
emotional condition, including alcohol
or drug addiction, between the patient
and his physician or psychotherapist.
This privilege also applies to persons,
including members of the patient’s
family, who have participated in the
diagnosis or treatment of the patient
under the direction of the physician or
psychotherapist.

A “psychotherapist” is:

(a) A person licensed to practice

medicine engaged in the diagnosis
or treatment of a mental or
emotional condition, or
(b) A person licensed as a
psychologist by the government
while similarly engaged.

(d) A minister or priest or person

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

(e) A public officer cannot be

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

The communication shall remain

privileged , even in the hands of a third

2. Testimonial Privilege
Section 25. Parental and filial
privilege. — No person may be
compelled to testify against his
parents, other direct ascendants,
children or other direct descendants.
3. Admissions and Confessions
Section 26. Admission of a party. —
The act, declaration or omission of a
party as to a relevant fact may be given
in evidence against him.
Section 27. Offer of compromise not
admissible. — In civil cases, an offer
of compromise is not an admission of
any liability, and is not admissible in
evidence against the offeror.
In criminal cases, except those
involving quasi-offenses (criminal
negligence) or those allowed by law to
be compromised, an offer of
person who may have obtained the
information, provided that the original
parties to the communication took
reasonable precaution to protect its
confidentiality.
Sec. 25. Parental and filial privilege.
— No person shall be compelled to
testify against his or her parents, other
direct ascendants, children or other
direct descendants, except when such
testimony is indispensable in a crime
against that person or by one parent
against the other.
Sec. 26. Privilege relating to trade
secrets. - A person cannot be
compelled to testfiy about any trade
secret, unless the non-disclosure will
conceal fraud or otherwise work
injustice. When disclosure is directed,
the court shall take such protective
measure as the interest of the owner of
the trade secret nad of the parties and
the furtherance of justice may require.
Sec. 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 or her.
Sec. 28. Offer of compromise not
admissible. — In civil cases, an offer
of compromise is not an admission of
any liability, and is not admissible in
evidence against the offeror. Neither is
evidence of conduct nor statements
made in compromise negotiations
admissible, except evidence otjerwise
discoverable or offered for another
purpose, such as proving bias or
compromised by the accused may be prejudice of a witness, negativing a
received in evidence as an implied contention of undue delay, or proving
admission of guilt. an effort to obstruct a criminal
investigation or prosecution.
A plea of guilty later withdrawn, or an
unaccepted offer of a plea of guilty to In criminal cases, except those
lesser offense, is not admissible in involving quasi-offenses (criminal
evidence against the accused who negligence) or those allowed by law to
made the plea or offer. be compromised, an offer of
compromised by the accused may be
An offer to pay or the payment of received in evidence as an implied
medical, hospital or other expenses admission of guilt.
occasioned by an injury is not
admissible in evidence as proof of civil A plea of guilty later withdrawn, or an
or criminal liability for the injury. unaccepted offer of a plea of guilty to
lesser offense, is not admissible in
evidence against the accused who
made the plea or offer. Neither is any
statement made in the course of plea
bargaining with the prosecution, which
does not result in a plea of guilty or
which results in a plea of guilty later
withdrawn, admissible.

An offer to pay or the payment of

medical, hospital or other expenses
occasioned by an injury is not
admissible in evidence as proof of civil
or criminal liability for the injury.

Section 28. Admission by third party. Sec. 29. Admission by third party. —

— The rights of a party cannot be The rights of a party cannot be
prejudiced by an act, declaration, or prejudiced by an act, declaration, or
omission of another, except as omission of another, except as
hereinafter provided. hereinafter provided.

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

or agent. — The act or declaration of a
partner or agent of the party within 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
shown by evidence other than such act
or declaration. The same rule applies to
the act or declaration of a joint owner,
joint debtor, or other person jointly
agent. — The act or declaration of a
partner or agent authorized by the party
to make a statement concerning the
subject, or within the scope of his or
her authority, and during the existence
of the partnership or agency, may be
given in evidence against such party
after the partnership or agency is
shown by evidence other than such act
or declaration. The same rule applies to
interested with the party.
Section 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 shown by
evidence other than such act of
declaration.
Section 31. Admission by privies. —
Where one derives title to property
from another, the act, declaration, or
omission of the latter, while holding
the title, in relation to the property, is
evidence against the former.
Section 32. Admission by silence. —
An act or declaration made in the
presence and within the hearing or
observation of a party who does or
says nothing when the act or
declaration is such as naturally to call
for action or comment if not true, and
when proper and possible for him to do
so, may be given in evidence against
him.
Section 33. Confession. — The
declaration of an accused
acknowledging his guilt of the offense
charged, or of any offense necessarily
included therein, may be given in
evidence against him.
4. Previous Conduct as Evidence
Section 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
the act or declaration of a joint owner,
joint debtor, or other person jointly
interested with the party.
Sec. 31. Admission by conspirator. —
The act or declaration of a conspirator
in furtherance of the conspiracy and
during its existence, may be given in
evidence against the co-conspirator
after the conspiracy is shown by
evidence other than such act of
declaration.
Sec. 32. Admission by privies. —
Where one derives title to property
from another, the latter’s act,
declaration, or omission, in relation to
the property, is evidence against the
former if done while the latter was
holding the title.
Sec. 33. Admission by silence. — An
act or declaration made in the presence
and within the hearing or observation
of a party who does or says nothing
when the act or declaration is such as
naturally to call for action or comment
if not true, and when proper and
possible for him or her to do so, may
be given in evidence against him or
her.
Sec. 34. Confession. — The declaration
of an accused acknowledging his or her
guilt of the offense charged, or of any
offense necessarily included therein,
may be given in evidence against him
or her.
Sec. 35. 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 or she did
not do the same or similar thing at
another time; but it may be received to
prove a specific intent or knowledge;
identity, plan, system, scheme, habit,
custom or usage, and the like.
Section 35. Unaccepted offer. — An
offer in writing to pay a particular sum
of money or to deliver a written
instrument or specific personal
property is, if rejected without valid
cause, equivalent to the actual
production and tender of the money,
instrument, or property.
5. Hearsay
or did not do the same or similar thing
at another time; but it may be received
to prove a specific intent or knowledge;
identity, plan, system, scheme, habit,
custom or usage, and the like.
Sec. 36. Unaccepted offer. — An offer
in writing to pay a particular sum of
money or to deliver a written
instrument or specific personal
property is, if rejected without valid
cause, equivalent to the actual
production and tender of the money,
instrument, or property.
Sec. 37. Hearsay. - Hearsay is a
statement other than one made by the
declarant while testifying at a trial or
hearing, offered to prove the truth of
the facts asserted therein. A statement
is (1) an oral or written assertion or (2)
a non-verbal conduct of a person, if it
is intended by him or her as an
assertion. Hearsay evidence is
inadmissible except as otherwise
provided in these Rules.
A statement is not hearsay if the
declarant testifies at the trial or hearing
and is subject to cross-examination
concerning the statement, and the
statement is (a) inconsistent with the
declarant’s testimony, and was given
under oath subject to the penalty of
perjury at a trial, hearing or other
proceeding, or in a deposition; (b)
consistent with the declarant’s
testimony and is offered to rebut an
express or implied charge against the
declarant of recent fabrication or
improper influence or motive; or (c)
one of identification of a person made
after perceiving him or her.
 6. Exceptions To The Hearsay Rule
Section 37. Dying declaration. — The
declaration of a dying person, made
under the consciousness of an
impending death, may be received in
any case wherein his death is the
subject of inquiry, as evidence of the
cause and surrounding circumstances
of such death.
Section 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
was at the time it was made so far
contrary to declarant's own interest,
that a reasonable man in his position
would not have made the declaration
Sec. 38. Dying declaration. — The
declaration of a dying person, made
under the consciousness of an
impending death, may be received in
any case wherein his or her death is the
subject of inquiry, as evidence of the
cause and surrounding circumstances
of such death.
Sec. 39. Statement of decedent or
person of unsound mind. - In an action
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,
where a party or assignor of a party or
a person in whose behalf a case is
prosecuted testifies on a matter of fact
occurring before the death of the
deceased person or before the person
became of unsound mind, any
statement of the deceased or the person
of unsound mind, may be received in
evidence if the statement was made
upon the personal knowledge of the
deceased or the person of unsound
mind at a time when the matter had
been recently perceived by him or her
and while his or her recollection was
clear. Such statement, however, is
inadmissible if made under
circumstances inidicating its lack of
trustworthiness.
Sec. 40. 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 was at the
time it was made so far contrary to the
declarant's own interest, that a
reasonable person in his or her position
would 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.
Section 39. 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
where it occurred before the
controversy, and the relationship
between the two persons is shown by
evidence other than such act or
declaration. The word "pedigree"
includes relationship, family
genealogy, birth, marriage, death, the
dates when and the places where these
facts occurred, and the names of the
relatives. It embraces also facts of
family history intimately connected
with pedigree.
unless he or she believed it to be true,
may be received in evidence against
himself or herself or his or her
successors in interest and against third
persons. A statement tending to expose
the declarant to criminal liability and
offered to exculpate the accused is not
admissible unless corroborating
circumstances clearly indicate the
trustworthiness of the statement.
Sec. 41. 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 or her by birth,
adoption, or marriage or in the absence
thereof, with whose family he or she
was so intimately associated as to be
likely to have accurate information
concerning his or her pedigree, may be
received in evidence where it occurred
before the controversy, and the
relationship between the two persons is
shown by evidence other than such act
or declaration. The word "pedigree"
includes relationship, family
genealogy, birth, marriage, death, the
dates when and the places where these
facts occurred, and the names of the
relatives. It embraces also facts of
family history intimately connected
with pedigree.
Section 40. Family 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 witness testifying thereon be also
a member of the family, either by
consanguinity or affinity. Entries in
family bibles or other family books or
charts, engravings on rings, family
portraits and the like, may be received
as evidence of pedigree.
Section 41. Common reputation. —
Common 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. Monuments and inscriptions
in public places may be received as
evidence of common reputation.
Section 42. Part of res gestae. —
Statements made by a person while a
starting occurrence is taking place or
immediately prior or subsequent
thereto with respect to the
circumstances thereof, may be given in
evidence as part of res gestae. So, also,
statements accompanying an equivocal
act material to the issue, and giving it a
legal significance, may be received as
part of the res gestae.
Section 43. Entries in the course of
business. — Entries made at, or near
the time of transactions to which they
refer, by a person deceased, or unable
to testify, who was in a position to
know the facts therein stated, may be
received as prima facie evidence, if
Sec. 42. Family 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 witness testifying thereon be also
a member of the family, either by
consanguinity or affinity, or adoption.
Entries in family bibles or other family
books or charts, engravings on rings,
family portraits and the like, may be
received as evidence of pedigree.
Sec. 43. Common reputation. —
Common reputation existing previous
to the controversy, as to boundaries of
or customs affecting lands in the
community and reputation as to events
of general history important to the
community, or respecting marriage or
moral character, may be given in
evidence. Monuments and inscriptions
in public places may be received as
evidence of common reputation.
Sec. 44. Part of res gestae. —
Statements made by a person while a
starting occurrence is taking place or
immediately prior or subsequent
thereto, under the stress of excitement
caused by the occurrence with respect
to the circumstances thereof, may be
given in evidence as part of res gestae.
So, also, statements accompanying an
equivocal act material to the issue, and
giving it a legal significance, may be
received as part of the res gestae.
Sec. 45. Records of regularly
conducted business activity. - A
memorandum, report, record or data
compilation of acts, events, conditions,
opinions, or diagnoses, made by
writing, typing, electronic, optical or
other similar means at or near the time
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.
Section 44. Entries in official records.
— Entries in official records made in
the performance of his duty by a public
officer of the Philippines, or by a
person in the performance of a duty
specially enjoined by law, are prima
facie evidence of the facts therein
stated.
Section 45. Commercial lists and the
like. — 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.
Section 46. Learned treatises. — A
published treatise, periodical or
pamphlet on a subject of history, law,
science, or art is admissible as tending
to prove the truth of a matter stated
therein if the court takes judicial
notice, or a witness expert in the
subject testifies, that the writer of the
statement in the treatise, periodical or
pamphlet is recognized in his
profession or calling as expert in the
subject.
of of from transmission or supply of
information by a person with
knowledge thereof, and kept in the
regular course or conduct of a business
activity, and such was the regular
practice to make the memorandum,
report, record, or data compilation by
electronic, optical or similar means, all
of which are shown by the testimony of
the custodian or other qualified
witnesses, is excepted from the rule on
hearsay evidence.
Sec. 46. Entries in official records. —
Entries in official records made in the
performance of his or her duty by a
public officer of the Philippines, or by
a person in the performance of a duty
specially enjoined by law, are prima
facie evidence of the facts therein
stated.
Sec. 47. Commercial lists and the like.
— 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.
Sec. 48. Learned treatises. — A
published treatise, periodical or
pamphlet on a subject of history, law,
science, or art is admissible as tending
to prove the truth of a matter stated
therein if the court takes judicial
notice, or a witness expert in the
subject testifies, that the writer of the
statement in the treatise, periodical or
pamphlet is recognized in his or her
profession or calling as expert in the
subject.
Section 47. Testimony or deposition at
a former proceeding. — The testimony
or deposition of a witness 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 who had the opportunity to cross-
examine him.
7. Opinion Rule
Section 48. General rule. — The Sec. 51. General rule. — The opinion
opinion of witness is not admissible, of witness is not admissible, except as
Sec. 49. Testimony or deposition at a
former proceeding. — The testimony
or deposition of a witness deceased or
out of the Philippines or who cannot,
with due diligence, be found therein, or
is unavailable or otherwise 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 who had the
opportunity to cross-examine him or
her.
Sec. 50. Residual exception. - A
statement not specifically covered by
any of the foregoing exceptions, having
equivalent circumstantial guarantees of
trustworthiness, is admissible if the
court determines that (a) the statement
is offered as evidence of a material
fact; (b) the statement is more
probative on the point for which it is
offered than any other evidence which
the proponent can procure through
reasonable efforts; and (c) the general
purposes of these rules and the interest
of justice will be best served by
admission of the statement into
evidence. However, a statement may
not be admitted under this exception
unless the proponent makes known to
the adverse party, sufficiently in
advance of the hearing, or by the pre-
trial stage in the case of a trial of the
main case, to provide the adverse party
with a fair opportunity to prepare to
meet it, the proponent’s intention to
offer the statement and the particulars
of it, including the name and address of
the defendant.
except as indicated in the following indicated in the following sections.
sections.

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

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

Section 50. Opinion of ordinary Sec. 53. Opinion of ordinary witnesses.

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

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

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

(c) The mental sanity of a person with (c) The mental sanity of a person with
whom he is sufficiently acquainted. whom he or she is sufficiently
acquainted.
The witness may also testify on his
impressions of the emotion, behavior, The witness may also testify on his or
condition or appearance of a person. her impressions of the emotion,
behavior, condition or appearance of a
person.

8. Character Evidence

Section 51. Character evidence not Section 54. Character evidence not

generally admissible; exceptions: — generally admissible; exceptions: —
Evidence of a person’s character or a
(a) In Criminal Cases: trait of character is not admissible for
the purpose of proving action in
(1) The accused may prove his good conformity therewith on a particular
moral character which is pertinent to occasion, except:
the moral trait involved in the offense
charged. (a) In Criminal Cases:

(2) Unless in rebuttal, the prosecution (1) The character of the offended
may not prove his bad moral character party may be proved if it tends to
which is pertinent to the moral trait establish in any reasonable degree the
involved in the offense charged. probability or improbability of the
offense charged.
(3) 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) In Civil Cases:
Evidence of the moral character of a
party in civil case is admissible only
when pertinent to the issue of character a party in a civil case is admissible
involved in the case.
(c) In the case provided for in Rule
132, Section 14,
RULE 131
Burden of Proof, Burden of Evidence and Presumptions
Section 1. Burden of proof. — Burden
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
required by law.
(2) The accused may prove his or
her good moral character, pertinent to
the moral trait involved in the offense
charged. However, the prosecution
may not prove his or her bad moral
character unless on rebuttal.
(b) In Civil Cases:
Evidence of the moral character of
only when pertinent to the issue of
character involved in the case.
(c) In Criminal and Civil Cases:
Evidence of the good character of
a witness is not admissible until such
character has been impeached.
In all cases in which evidence of
character or a trait of character of a
person is admissible, proof may be
made by testimony as to reputation or
by testimony in the form of an opinion.
On cross-examination, inquiry is
allowable into relevant sepcific
instances of conduct.
In cases in which character or a
trait of character of a person is an
essential element of a charge, claim or
defense, proof may also be made of
specific instances of that person’s
conduct.
Section 1. Burden of proof and burden
of evidence. — Burden 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 required by law. Burden of
proof never shifts.
 Burden of evidence is the duty of
a party to present evidence sufficeint to
establish or rebut a fact in issue to
establish a prima facie case. Burden of
evidence may shift from one party to
the other in the course of the
proceedings, depending om the
exigencies of the case.

Section 2. Conclusive presumptions. Section 2. Conclusive presumptions.

— The following are instances of — The following are instances of
conclusive presumptions: conclusive presumptions:

(a) Whenever a party has, by his own
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:
(a) Whenever a party has, by his or her
own declaration, act, or omission,
intentionally and deliberately led to
another to believe a particular thing
true, and to act upon such belief, he or
she cannot, in any litigation arising out
of such declaration, act or omission, be
permitted to falsify it; and

(b) The tenant is not permitted to deny (b) The tenant is not permitted to deny
the title of his landlord at the time of the title of his or her landlord at the
commencement of the relation of time of commencement of the relation
landlord and tenant between them. of landlord and tenant between them.

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

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

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

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

(c) That a person intends the ordinary (c) That a person intends the ordinary
consequences of his voluntary act; consequences of his or her voluntary
act;
(d) That a person takes ordinary care of
his concerns; (d) That a person takes ordinary care of
his or her concerns;
(e) That evidence willfully suppressed
would be adverse if produced; (e) That evidence willfully suppressed
(f) That money paid by one to another would be adverse if produced;
was due to the latter;
(f) That money paid by one to another
(g) That a thing delivered by one to was due to the latter;
another belonged to the latter;
(g) That a thing delivered by one to
(h) That an obligation delivered up to another belonged to the latter;
the debtor has been paid;
(h) That an obligation delivered up to
(i) That prior rents or installments had the debtor has been paid;
been paid when a receipt for the later
one is produced; (i) That prior rents or installments had
been paid when a receipt for the later
(j) That a person found in possession one is produced;
of a thing taken in the doing of a recent
wrongful act is the taker and the doer (j) That a person found in possession of
of the whole act; otherwise, that things a thing taken in the doing of a recent
which a person possess, or exercises wrongful act is the taker and the doer
acts of ownership over, are owned by of the whole act; otherwise, that things
him; which a person possess, or exercises
acts of ownership over, are owned by
(k) That a person in possession of an him or her;
order on himself for the payment of the
money, or the delivery of anything, has (k) That a person in possession of an
paid the money or delivered the thing order on himself or herself for the
accordingly; payment of the money, or the delivery
of anything, has paid the money or
(l) That a person acting in a public delivered the thing accordingly;
office was regularly appointed or
elected to it; (l) That a person acting in a public
office was regularly appointed or
(m) That official duty has been elected to it;
regularly performed;
(m) That official duty has been
(n) That a court, or judge acting as regularly performed;
such, whether in the Philippines or
elsewhere, was acting in the lawful (n) That a court, or judge acting as
exercise of jurisdiction; such, whether in the Philippines or
elsewhere, was acting in the lawful
(o) That all the matters within an issue exercise of jurisdiction;
raised in a case were laid before the
court and passed upon by it; and in like (o) That all the matters within an issue
manner that all matters within an issue raised in a case were laid before the
raised in a dispute submitted for court and passed upon by it; and in like
arbitration were laid before the manner that all matters within an issue
arbitrators and passed upon by them; raised in a dispute submitted for
arbitration were laid before the
(p) That private transactions have been arbitrators and passed upon by them;
fair and regular;
(q) That the ordinary course of (p) That private transactions have been
business has been followed; fair and regular;

(r) That there was a sufficient (q) That the ordinary course of
consideration for a contract; business has been followed;

(s) That a negotiable instrument was (r) That there was a sufficient
given or indorsed for a sufficient consideration for a contract;
consideration;
(s) That a negotiable instrument was
(t) That an endorsement of negotiable given or indorsed for a sufficient
instrument was made before the consideration;
instrument was overdue and at the
place where the instrument is dated; (t) That an endorsement of negotiable
instrument was made before the
(u) That a writing is truly dated; instrument was overdue and at the
place where the instrument is dated;
(v) That a letter duly directed and
mailed was received in the regular (u) That a writing is truly dated;
course of the mail;
(v) That a letter duly directed and
(w) That after an absence of seven mailed was received in the regular
years, it being unknown whether or not course of the mail;
the absentee still lives, he is considered
dead for all purposes, except for those (w) That after an absence of seven
of succession. years, it being unknown whether or not
the absentee still lives, he or she is
The absentee shall not be considered considered dead for all purposes,
dead for the purpose of opening his except for those of succession.
succession till after an absence of ten
years. If he disappeared after the age of The absentee shall not be considered
seventy-five years, an absence of five dead for the purpose of opening his or
years shall be sufficient in order that her succession until after an absence of
his succession may be opened. ten years. If he or she disappeared after
the age of seventy-five years, an
The following shall be considered dead absence of five years shall be sufficient
for all purposes including the division in order that his or her succession may
of the estate among the heirs: be opened.

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

(y) That things have happened (x) That acquiescence resulted from a
according to the ordinary course of belief that the thing acquiesced in was
nature and ordinary nature habits of conformable to the law or fact;
life;
(y) That things have happened
(z) That persons acting as copartners according to the ordinary course of
have entered into a contract of nature and ordinary nature habits of
copartneship; life;

(aa) That a man and woman deporting (z) That persons acting as copartners
themselves as husband and wife have have entered into a contract of
entered into a lawful contract of copartneship;
marriage;
(aa) That a man and woman deporting
(bb) That property acquired by a man themselves as husband and wife have
and a woman who are capacitated to entered into a lawful contract of
marry each other and who live marriage;
exclusively with each other as husband
and wife without the benefit of (bb) That property acquired by a man
marriage or under void marriage, has and a woman who are capacitated to
been obtained by their joint efforts, marry each other and who live
work or industry. exclusively with each other as husband
and wife without the benefit of
(cc) That in cases of cohabitation by a marriage or under void marriage, has
man and a woman who are not been obtained by their joint efforts,
capacitated to marry each other and work or industry.
who have acquire properly through
their actual joint contribution of (cc) That in cases of cohabitation by a
money, property or industry, such man and a woman who are not
contributions and their corresponding capacitated to marry each other and
shares including joint deposits of who have acquire properly through
money and evidences of credit are their actual joint contribution of
equal. money, property or industry, such
contributions and their corresponding
(dd) That if the marriage is terminated shares including joint deposits of
and the mother contracted another money and evidences of credit are
marriage within three hundred days equal.
after such termination of the former
marriage, these rules shall govern in (dd) That if the marriage is terminated
the absence of proof to the contrary: and the mother contracted another
marriage within three hundred days
(1) A child born before one hundred after such termination of the former
eighty days after the solemnization of marriage, these rules shall govern in
the subsequent marriage is considered the absence of proof to the contrary:
to have been conceived during such
marriage, even though it be born (1) A child born before one hundred
within the three hundred days after the eighty days after the solemnization of
termination of the former marriage. the subsequent marriage is considered
to have been conceived during such
(2) A child born after one hundred marriage, even though it be born within
eighty days following the celebration the three hundred days after the
of the subsequent marriage is termination of the former marriage;
considered to have been conceived and
during such marriage, even though it
be born within the three hundred days (2) A child born after one hundred
after the termination of the former eighty days following the celebration
marriage. of the subsequent marriage is
considered to have been conceived
(ee) That a thing once proved to exist during such marriage, even though it
continues as long as is usual with be born within the three hundred days
things of the nature; after the termination of the former
marriage.
(ff) That the law has been obeyed;
(ee) That a thing once proved to exist
(gg) That a printed or published book, continues as long as is usual with
purporting to be printed or published things of the nature;
by public authority, was so printed or
published; (ff) That the law has been obeyed;
(hh) That a printed or published book, (gg) That a printed or published book,
purporting contain reports of cases purporting to be printed or published
adjudged in tribunals of the country by public authority, was so printed or
where the book is published, contains published;
correct reports of such cases;
(hh) That a printed or published book,
(ii) That a trustee or other person purporting contain reports of cases
whose duty it was to convey real adjudged in tribunals of the country
property to a particular person has where the book is published, contains
actually conveyed it to him when such correct reports of such cases;
presumption is necessary to perfect the
title of such person or his successor in (ii) That a trustee or other person
interest; whose duty it was to convey real
property to a particular person has
(jj) That except for purposes of actually conveyed it to him or her
succession, when two persons perish in when such presumption is necessary to
the same calamity, such as wreck, perfect the title of such person or his or
battle, or conflagration, and it is not her successor in interest;
shown who died first, and there are no
particular circumstances from which it (jj) That except for purposes of
can be inferred, the survivorship is succession, when two persons perish in
determined from the probabilities the same calamity, such as wreck,
resulting from the strength and the age battle, or conflagration, and it is not
of the sexes, according to the following shown who died first, and there are no
rules: particular circumstances from which it
can be inferred, the survivorship is
1. If both were under the age of fifteen determined from the probabilities
years, the older is deemed to have resulting from the strength and the age
survived; of the sexes, according to the following
rules:
2. If both were above the age sixty, the
younger is deemed to have survived; 1. If both were under the age of fifteen
years, the older is deemed to have
3. If one is under fifteen and the other survived;
above sixty, the former is deemed to
have survived; 2. If both were above the age sixty, the
younger is deemed to have survived;
4. If both be over fifteen and under
sixty, and the sex be different, the male 3. If one is under fifteen and the other
is deemed to have survived, if the sex above sixty, the former is deemed to
be the same, the older; have survived;

5. If one be under fifteen or over sixty, 4. If both be over fifteen and under
and the other between those ages, the sixty, and the sex be different, the male
latter is deemed to have survived. is deemed to have survived, if the sex
be the same, the older; and
(kk) That if there is a doubt, as
between two or more persons who are 5. If one be under fifteen or over sixty,
called to succeed each other, as to and the other between those ages, the
which of them died first, whoever
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.
latter is deemed to have survived.
(kk) That if there is a doubt, as
between two or more persons who are
called to succeed each other, as to
which of them died first, whoever
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.

Explanatory Notes for Rule 128

Sec. 1 - The Proposed Amendment retains the definition of Evidence hence, the
considerations on Evidence still remains such as: (a) it is the very material or
object; (b) it is system or process or methodology of proving a fact in court; and (c)
it is a process of ascertaining the truth in a judicial proceeding which means that
the Rules on Evidence shall be applicable in the regular courts.
Sec. 2 - The scope of the Rules on Evidence remains unchanged. It shall be
applicable in all courts and in all trials and hearings except as otherwise provided
by law or by the Rules of Court or by Supreme Court issuances. One example is
the Rules on Summary Procedure, in criminal cases the direct testimonies of
witnesses shall be in affidavit form subject to cross examination.
Evidence is competent when it is not excluded by law or these rules.
Sec. 3 - The Proposed Amendment includes the Constitution as an exclusion to
the admissibility of evidence. It must be noted that evidence is admissible when it
is relevant which means that it must have a bearing in the outcome of the case. To
be relevant, evidence must have a rational and probative value that are admissible.
There are two types of relevancy:
(a) Rational/Logical Relevancy - evidence must have probative value;
and
(b) Legal Relevancy - evidence is offered to prove a matter as part of
the issue.
Sec. 4 - This section remains unchanged.
Generally, Evidence on collateral matters shall not be allowed except when it
tends in any reasonable degree to establish probability or improbability of the fact
in issue. Collateral matters are facts which are not in issue. Examples of which that
are allowed to be proved:
(a) Antecedent circumstances such as habit and customs;
(b) Concomitant circumstances such as those accompanying the
commission of the crime; and
(c) Subsequent circumstances such as flight and concealment.
 Likewise, motive is generally irrelevant except when (a) when evidence is
purely circumstantial, (b) when there is doubt as to the identity of the accused,
motive will be the judge, or (c) when motive is an element of the offense.

Explanatory Notes for Rule 129

Sec. 1 - The Proposed Amendment includes the offical acts of the National
Government of the Philippines when as a matter when a court shall take judicial
notice. The enumeration of matters when judicial notice is mandatory now consists
of:
(a) The existence and territorial extent of states, their political history,
forms of government and symbols of nationality;
(b) The law of nations, the admiralty and maritime courts of the world
and their seals;
(c) The political constitution and history of the Philippines, the official
acts of the legislative, executive and judicial departments of the National
Government of the Philippines;
(d) The laws of nature;
(e) The measures of time; and
(f) Geographical Divisions
The concept of judicial notice is that it refers to the act of the court in taking
cognizance of certain facts which are capable of being known to a veritable
certainty without the need of presenting evidence.
Sec. 2 - This provision remains unchanged.
Matters of public knowledge must be notoriety of facts. They must be well and
authoritative. The court must have territorial jurisdiction over such matters.
Sec. 3 - The proposed amendment provides for additional instances when
hearing may be proceeded on the propriety of taking judicial notice of any matter.
It can be heard during pre-trial and the trial, the court, motu proprio or upon
motion. It must be heard before judgment or on appeal. Matters to be heard must
not fall under the matters falling under Sec. 1 of this Rule.
Sec. 4 - The proposed amendment includes oral admissions made by a party in
the course of the proceedings where the evidence is to be used as an admission that
does not require proof. Oral or written judicial admissions may be contradicted
only it such admission was made through palpable mistake the imputed judicial
admission was not in fact made.
The Court in Pedro Bongalon vs CA held that exhibits presented during the
trial though not alleged in the complaint are admissible.

Explanatory Note for Rule 130

Sec. 1 - This provision remains unchanged. The proposed amendment retains
the definition of Object evidence. When an object evidence is relevant, it may be
exhibited. When proven, the court will admit such object evidence.
Sec. 2 - The proposed amendment expanded the definition of a documentary
evidence. It now includes materials such as recordings and photographs or any
material containing letters, words, sounds, numbers, figures, symbols, or their
equivalent. It also expounded the meaning of photographs which include still
pictures, stored images, x-ray films, motion pictures or videos.
In relation to Sec. 1 of this rule, a document may be offered as object evidence
if it offered not as proof of its contents but of its existence or physical condition or
features.
Sec. 3 - One of the main distinction provided for in the proposed amendment is
the renaming of the Best Evidence Rule to Original Document Rule. Also, it
included the expanded meaning of documentary evidence in the purview of the
original documents that must be presented in order for it to be admissible.
The proposed amendment also provides for additional exceptions when an
original document itself may not be produced. The additional exceptions are:
xxx
(b) When the original is in the custody or under the control of the party
against whom the evidence is offered, and the latter fails to produce it
after reasonable notice, or the original cannot be obtained by local
judicial processes or procedures;
xxx
(e) when the original is not closely-related to a controlling issue.
The Supreme Court held in Air France vs. Carrascoso that, the testimony of
Carasscoso as to the notes of the purser is admissible because the subject of inquiry
is not the entry in the notebook, but the ouster incident.
Furthermore, the Court in Security Bank & Trust Company vs. Triumph
Lumber and Cosntruction Company explained that the originals of the alleged
forged check has to be produced since it was shown that any of the exceptions
provided for in Sec. 3, Rule 130 was present. What the private respondent offered
were mere photocopies of the checks in question. It never explained the reason
why it could not produce the originals of the check. The policeman who took the
original checks was not presented to produce the original checks. Thus, the Court,
in this case, did not agree with the finding of the CA that the petitoner admitted in
its Answer to the complaint of forgery of signatures.
Sec. 4 - This is an entirely new provision. This provides for the definitions of
an original document and a duplicate one. This explains that admissibility of a
duplicate of an original document.
Sec. 5 - The cause of the unavailability of the original document must be
without bad faith on the part of the offeror in order for him or her to be allowed to
prove its contents by a copy, or by recital of its contents, or by testimony ot
witnesses in the order stated. Such document must be relevant.
 To prove the unavailability of the original document, its existence and
lost’destruction must be proven. The following may prove the lost or destruction of
the original document:
(a) By any person who knows of the lost or destruction of the original
document;
(b) By any person bonafide who searched the lost document in the place
where it is alleged to have been existing;
(c) By any person who makes and gives due execution of an affidavit of
loss.
The following may prove the existence of the original document:
(a) By any person who executed and signed the original writing;
(b) By any person who was present and saw that the document is
signed;
(c) After due execution, by any person who saw and recognized the
signatures thereon;
(d) By any person to whom the parties had previously confessed the
execution thereof.
Sec. 6 - This provision remains unchanged. This must be correlated with Sec.
3(b) of Rule 130 as an exception to the Original Document Rule.
Sec. 7 - This is an entirely new provision which must be correlated with Sec.
3(c) of Rule 130 as an exception to the Original Document Rule. The contents of
documents, records, photographs, or numerous accounts which are voluminous
may be presented in the form of a chart, summary, or calculation. The original so
summarized must be available at any time.
Sec. 8 - This provision remains unchanged. This must be correlated with
Sec.3(d) of Rule 130 as an exception to the Original Document Rule.
Sec. 9 - This provision remains unchanged. There is no obligation, on the part
of the party who calls for the production, to offer the document.
Sec. 10 - The provision remains unchanged. Any piece of evidence modifying,
explaining or adding to the terms of the written agreement may be presented by a
party who puts in issue in a verified pleading.
The Supreme Court held in Lapu-Lapu Foundation, Inc. vs. CA, that evidence
of a prior or contemporaneous verbal agreement is generally not admissible to
vary, contradict or defeat the operation of a valid contract. While parol evidence is
admissible to explain the meaning of written contracts, it cannot serve the purpose
of incorporating into the contract additional contemporaneous conditions which are
not mentioned at all in writing, unless there has been fraud or mistkae. No such
allegation had been made by the petitioners in this case.
The following are instances when parole evidence is admissible:
(a) To prove conditions and stipulations prior to the existence of a
written contract;
(b) To show duress, misrepresentation or force based on a written
contract;
 (c) That the mortgage was executed without consideration;
(d) To prove parol contract is the motivating or driving force of the
written contract;
(e) To show contract is fictitious.
An instance where parole evidence is inadmissible is when the case is a verbal
renewal of lease.
Sec. 21 - This provision remains unchanged. A witness is a natural person
whose statements and declarations under oath are made oral in court or through
depositions or affidavits before any tribunal or judicial court subject to
disqualifications under the law. Any person who can perceive and can make known
his perception to others is qualified to be a witness. A witness must be competent
which means that he shall have the legal capacity testify.
The Supreme Court, in People of the Philippines vs Jack Sorrel, held that the
prosecution’s star witness is qualified to be a witness even if the appellant claimed
that the witness lied about his job and was actually a fake faith healer. In
consonance with the modern trend to broaden the field of competency of witnesses
and to restrict that of incompetency, even a person convicted of a crime or one who
has a pending criminal case is not by that alone disqualified from testifying. The
testimony in court is that which really counts in weighing the evidence.
Sec. 21 of the present Rules on Evidence was omitted in the proposed
amendment.
Sec. 23 - This specific ground for disqualification of a witness applies only
during the marriage of the husband and the wife. However, there are exceptions to
this rule such as: (a) there is an absence of domestic tranquility; (b) the identity of
interest disappears; and (c) the danger of perjury does not anymore exist.
Sec. 24 - This specific ground talks about the disqualification by reason of
privileged communication. The most important aspect of this ground for
disqualification is the consent of the parties.
Sec. 27 - There is a partial admission on the party who acts, declares or omits a
relevant fact.
Sec. 28 - In civil cases, offer of compromise is not admissible in evidence
while in criminal cases, except those involving quasi-offenses or those allowed by
law to be compromised, an offer of compromise is an implied admission of guilt.
Plea of forgiveness is an implied admission of guilt.
Sec. 29 - Except in conspiracy, the right of a party cannot be prejudiced by an
act, declaration or omission of another. This rule is also known as the Res Inter
Alios Acta Rule. However, where a party, by his words or conduct, voluntarily
adopts or ratifies another’s statement, the evidence of the statement would then be
admissible against the party. This is the so-called Theory of Adoptive Admission.
Sec. 30 - The scope of authority, the testifying authority and the authority to
make a statement must be established. The partnership must be, likewise, proved.
Sec. 31 - The act or declaration of a conspirator must be in furtherance of the
conspiracy. It is a requisite provided by the law in order that it may be given in
evidemce against the co-conspirator.
Sec. 34 - This section provides for the definition of a confession. The
confession made must be in compliance with the constitutional requirement.
Sec. 37 - This is an entirely new section which provides for the definition of
hearsay. Hearsay evidence is inadmissible except as otherwise provided in these
Rules.
Sec. 40 - This section is the Dead Man’s Statute. The condition for
admissibility of the declaration is that the declarant is dead or is unable to testify.
Sec. 44 - An act, declaration or explanation so intimately connected to the
principal is considered as part of the res gestae.
Sec. 51 - The opinion of a witness is based on his or her own personal
knowledge. Such opinion is not admissible unless provided for in the succeeding
sections.