2019 Rules On Evidence PDF

2019 AMENDMENTS TO THE
1989 REVISED RULES ON EVIDENCE

(A.M. NO. 19-08-15-SC)
COVER PAGE
A Publication of the Supreme Court of the Philippines
Cover design by American Bar Association Rule of Law Initiative funded by USAID
Layout and design by RPLO of the Philippine Judicial Academy
Copyright © 2020
MESSAGE
Rules of procedure are a fundamental part of a judicial system. They act as a vital link
that connects the domain of substantive law with that of judicial administration. They
ensure that the results of court issuances and processes are valid and legitimate. They
guarantee that the application of the law in relation to the rights and liberties of the public
is not only accurate but also orderly, timely, and intelligible. In line with this, the Supreme
Court of the Philippines has made it Its perennial objective to constantly improve laws
on procedure so that the courts may provide effective service to the public.
Upon my assumption into office as the 26th Chief Justice of the Philippines last
year, I included in my Ten-Point Program for the Judiciary “the continuous revision and
issuance of rules of procedure so as to make the law more responsive and accessible to
the needs of court-users, and the conduct by the Philippine Judicial Academy (PHILJA)
of more skills-based training for judges and court personnel.” This, following what I
saw was the need to institutionalize procedural reforms that will simplify and expedite
judicial proceedings. Two of the recent actions taken by the Court geared towards this
objective of enhancing the efficiency of judicial administration have been the approval
of the amendments to the Rules of Civil Procedure and the Rules on Evidence, both of
which took effect on May 1, 2020.
To further enhance the execution and purpose of the amended Rules, the Supreme
Court, through the PHILJA, presents this compilation of the primer on the amended
Rules of Civil Procedure and Rules on Evidence, the text of the amended Rules, and
a comparative matrix of the old vis-à-vis the new procedural rules to assist judges
in understanding the key features of the amendments. It is my sincere hope that this
publication will be of substantial help in furthering the Court’s objective of encouraging
the speedy, inexpensive disposition of cases as a means of improving the administration
of justice.
DIOSDADO
IOSDADO
O M. PERALTA
PERAL
Chieff JJustice
ustice
MESSAGE
The Supreme Court has been steadfast in applying the Constitutional
right to speedy disposition of cases. It is an embodiment of the oft-repeated
rule that “justice delayed is justice denied.” Section 5 (5), Article VIII of the
1987 Constitution states that the Supreme Court has the power to promulgate
rules concerning pleadings, practice and procedure. Pursuant to such power, the
Court promulgated the Rules of Court, which generally govern the resolution of court
cases. Due to the passage of time, technological advancements thrived in our society, such
as the expansion of the internet and the use of electronic mail. Similarly, new methods for
the speedy resolution of cases, such as alternative dispute resolution and effective pre-trial
techniques, were developed. Further, the Philippines has acceded to international conventions
that simpli ied the recognition and service of court documents, such as the Apostille Convention
and The Hague Service Convention.
Over the years, the Supreme Court, under the auspices of its development partners,
has sent judges, justices, and court of icials to different jurisdiction on study visits to acquire
information and knowledge on how to address court docket congestion, reduce trial delays,
and improve court management. Equally important are the comments and suggestions of
stakeholders within and outside the judiciary on the speedy and ef icient disposition of cases.
The knowledge acquired and information accumulated are now re lected in the 2019 Revised
Rules of Civil Procedure and 2019 Revised Rules on Evidence.
The 2019 Revised Rules on Evidence and 2019 Revised Rules of Civil Procedure were
approved by the Supreme Court En Banc on October 8, 2019 and October 15, 2019, respectively,
and became effective on May 1, 2020. The successful implementation of these Rules is one
of the Ten-Point Program of Chief Justice Diosdado M. Peralta. Through skills-based training
programs under the direction of the Philippine Judicial Academy, Chief Justice Peralta rightfully
believes that these Rules effectively address the problem of court delays.
The members of the Subcommittees on the Revision of the 1997 Rules of Civil Procedure
and Rules on Evidence and the Committee on the Revision of the Rules of Court, when these
Proposed Rules were formulated, drafted, and eventually approved, were always guided by
the principle that an effective court system should never become stale; it must adapt with the
changing times, apply the effective methods of dispute resolution, and there must be continuous
training of judges, lawyers and litigants on core values of speedy resolution of cases. With
the implementation of the 2019 Revised Rules of Civil Procedure and 2019 Revised Rules on
Evidence, it is my fervent belief that the search for truth in court litigations will be progressive,
modernized, prompt, fair, and just.
ALEXANDER
ALEX
XAAN
N DER G. GESMUNDO
Associate Justice
Member, Committee on the Revision
of the Rules of Court
Vice Chair, Subcommittee on the Revision
of the 1997 Rules of Civil Procedure
MESSAGE
It is indeed an honor for PHILJA to take part in the media launch for the 2019
Amendments to the Rules of Civil Procedure and the Revised Rules on
Evidence, through the production of books compiling the primer, amended
texts and comparative matrices of the old and new Rules, and I wish to extend
my gratitude to the Chief Justice for entrusting PHILJA with this task.
The 2019 Amendments to the Rules of Civil Procedure and Revised

Rules on Evidence, which took effect last May 1, 2020, are manifestations
of the Supreme Court’s commitment constantly to find ways of improving
the efficiency of our courts, by promulgating rules that not only simplify and
expedite court proceedings but also adapt to the needs of the changing world.
It is our hope that the books, in both printed and digital versions,
will provide the end users an easy reference and better understanding of the
changes brought about by the amendments.
ADOLFO S. AZCUNA
PHILJA Chancellor
Contents
Message of Chief Justice Diosdado M. Peralta iii
Message of Associate Justice Alexander G. Gesmundo iv
Message of PHILJA Chancellor Justice Adolfo S. Azcuna v
1. Primer on the 2019 Amendments 1

to the 1989 Revised Rules on Evidence
2. 2019 Amendments to the 1989 Revised Rules 5

on Evidence (A.M. No. 19-08-15-SC)
3. Comparative Table of the 1989 Revised Rules 27

on Evidence and the 2019 Amendments
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How long did the process of amendment take? Who initiated this?
The proposed amendments to the Revised Rules on Evidence were initiated in 2008 during the term of
Chief Justice Reynato S. Puno. A Subcommittee was organized, the membership of which include then
Supreme Court (SC) Associate Justice (now Philippine Judicial Academy Vice Chancellor) Romeo J.
Callejo, Sr., as Chairperson; then SC Associate Justice Bernardo P. Pardo and retired Court of Appeals
(CA) Justice Oscar C. Herrera, as consultants; then CA Associate Justice (now retired Chief Justice)
Lucas P. Bersamin, then Sandiganbayan Associate Justice (now Chief Justice) Diosdado M. Peralta,
Judge Aloysius C. Alday, then Judge (now Deputy Court Administrator) Raul B. Villanueva, and
Attys. Rogelio A. Vinluan, Francis Ed Lim, and Jose C. Sison, representing the academe and private
practitioners, as members.
After a series of consultative meetings, the Subcommittee submitted its proposed amendments
in 2010. However, their approval was put on hold in view of advances in technology and developments
in both procedural and substantive law, jurisprudence, as well as international conventions. After quite
some time, the same proposals were reviewed and updated by the Committee on the Revision of the
Rules of Court (also known as the Mother Rule Committee) which was reorganized in January 2019
during the term of Chief Justice Bersamin. Then SC Associate Justice, now Chief Justice, Peralta was
the Working Chairperson of the Mother Rule Committee.
The Mother Rule Committee, presided by then Associate Justice Diosdado M. Peralta, being its
Working Chairperson, reviewed, deliberated on and finalized the proposed amendments to the Revised
Rules on Evidence and to the 1997 Rules of Civil Procedure. The exhaustive study and review of proposed
amendments were done within eight (8) months, from the time the Mother Rule Committee initially met
on February 14, 2019 up to the approval of the proposed amendments by the Court En Banc on October
8 and 15, 2019.
What are the signiϔicant changes?

The amendments to the Revised Rules on Evidence reflect various Supreme Court rulings on admissibility
and evaluation of evidence. The introduction and appreciation of electronic evidence were also further
refined. Significant amendments include provisions implementing the Apostille Convention, to which
the country is a party. The erstwhile “Best Evidence Rule” is now known as the “Original Document
Rule” in order to avoid confusion, since the rule only applies to documents. Documentary evidence now
includes recordings, photographs, words, sounds, numbers, or their equivalent.
Privileged communications were expanded with respect to attorney-client and physician-patient
relationships. Persons reasonably believed to be attorneys and persons assisting the attorneys are now
covered by the disqualification. Exceptions to the attorney-client privilege are now included, such as if the
services or advice of lawyers are sought or obtained in furtherance of crime or fraud, and communications
2 2019 AMENDMENTS TO THE 1989 REVISED RULES ON EVIDENCE (A.M. NO. 19-08-15-SC)
relevant to issues among claimants through the same deceased client and those concerning a breach of
duty by the lawyer or client, documents attested by the lawyer, and joint clients. Aside from physicians,
medical practitioners now include psychotherapists and those persons reasonably believed by the client
to be authorized to practice medicine. The privilege extends to confidential communication made for
the purpose of diagnosis or treatment of the patient’s physical, mental or emotional condition. There
is likewise a new provision on communications obtained by third persons, which remain privileged
provided that the original parties took reasonable precaution to protect its confidentiality.
Hearsay is now defined and differentiated from the rule requiring firsthand knowledge. Some
exceptions to the hearsay rule were modified. The Deadman’s Statute was done away with and the
testimony of the survivor, as well as hearsay evidence of the deceased, may now be admitted. Acts,
declarations, and traditions about pedigree now cover family relations through adoption. Records of
regularly conducted business activities as exceptions to the hearsay rule no longer require for the entrant
to be dead or unable to testify, and covers written and electronic documents as well. A catchall provision,
known as Residual Exception, was added to cover other statements having equivalent circumstantial
guarantees of trustworthiness as those enumerated, subject to certain conditions.
There is now a clear distinction between burden of proof and burden of evidence. Witnesses may
be impeached by evidence of conviction of a crime only if such was punishable by a penalty in excess
of one (1) year, or if the crime involved moral turpitude, regardless of the penalty. All evidence must
now be offered orally. The offer of the testimony of a witness must be made at the time the witness is
called to testify, while the offer of documentary and object evidence must be made after the presentation
of a party’s testimonial evidence. Objections to the offer of evidence must likewise be made orally,
immediately after the offer is made. Objections to the testimony of a witness for lack of a formal offer
must be made as soon as the witness begins to testify.
How would this help the public and the administration of justice?
The amendments are designed to benefit the public since they address head-on the twin problems of
docket congestion and delays. Speedier proceedings will help in managing the heavy dockets of our
courts since cases will be resolved much quicker. With the amendments, frivolous or baseless actions
will be lessened, if not eliminated. The public and the ends of justice will surely be served by a more
efficient judiciary.
Did we base it from other rules in other jurisdictions?

In coming up with the amendments, the rules and procedures in other jurisdictions were considered, but
always within the context of our legal system. For instance, our Revised Rules on Evidence draw heavily
from the Federal Rules of Evidence in the United States of America. However, these were always seen
and considered from the lenses of the Philippine courts. Ultimately, foreign rules were incorporated
based on the potential value they may have on our jurisdiction.
Why did we have to amend or draft new rules?

The continuous improvement of our court proceedings, which will eventually translate into a more
responsive judiciary for our people, is a constant concern for the Court. The Court has the exclusive
power to promulgate rules concerning the protection and enforcement of constitutional rights, pleading,
PRIMER ON THE 2019 AMENDMENTS TO THE 1989 REVISED RULES ON EVIDENCE 3

practice, and procedure in all courts. With such power comes the duty to ensure that the rules are
responsive to the needs of all court users and stakeholders, adapt to technological advancements, and
properly address problems that may come up.
Do the amendments draw from the success of other changes in the rules of procedure?
(such as the Rule on Small Claims Cases and the Revised Guidelines for Continuous
Trial in Criminal Cases)
Yes. The experiences and lessons learned in the implementation and success of the other rules were
considered when the amendments to the Revised Rules on Evidence and the 1997 Rules of Civil Procedure
were drafted. Relevant statistical data, as well as anecdotal and experiential information, were discussed
to properly frame the drafting of the new amendments.
Any message to lawyers, judges, litigants in light of these changes? (if we were to look
back at the Continuous Trial, there were a lot of resistance and complaints)
All of us are stakeholders in our Justice system. The amendments are not meant to inconvenience
anyone nor were they introduced merely for the sake of change. Rather, they were devised to improve
the administration of justice and promote the just, speedy and inexpensive disposition of cases. Neither
are the changes skewed in favor of any one stakeholder, as they were formulated with the interests of all
stakeholders in mind. There will definitely be an adjustment period, but rest assured that the amendments
will address more problems rather than create new ones. We encourage everyone’s sincere participation
and ask for your support in following the rules in order for these changes to succeed.
Can we expect more amendments or new rules from the Peralta Court?
Yes. The study of the rules is an ongoing endeavor and their amendment a work in progress. The rules
will be studied as needed, and changes thereto carefully crafted. The implementation of duly approved
revised Rules of Court and their continuous revision is part of Chief Justice Peralta’s Ten-Point Program
for the Judiciary. Subcommittees have been recently reorganized to study and propose amendments to
the Revised Rules on Criminal Procedure and the Revised Rules of Procedure for Intellectual Property
Rights Cases. Remote testimony is now under pilot testing and, lately, the Rules of Procedure for
Admiralty Cases has just been implemented last January 1, 2020.
Are the amendments easy to understand and implement?

After the lapse of an expected adjustment period, it is hoped that the amendments will be easier to
understand and implement, as these are meant to simplify and expedite proceedings. At any rate, the
Court, through the Philippine Judicial Academy, will conduct the necessary trainings or seminars to
familiarize judges, lawyers and the public in general with the changes in the Rules, as was done when
the Revised Guidelines for Continuous Trial in Criminal Cases was adopted on April 25, 2017.
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Rules 128-129
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RULE 128
GENERAL PROVISIONS
Section 1. Evidence defined. – Evidence is the means, sanctioned by these [R]ules, of ascertaining in a
judicial proceeding the truth respecting a matter of fact. (1)
Section 2. Scope. – The rules of evidence shall be the same in all courts and in all trials and hearings,
except as otherwise provided by law or these [R]ules. (2)
Section 3. Admissibility of evidence. – Evidence is admissible when it is relevant to the issue and not
excluded by the Constitution, the law or these Rules. (3a)
Section 4. Relevancy; collateral matters. – Evidence must have such a relation to the fact in issue as
to induce belief in its existence or non-existence. Evidence on collateral matters shall not be allowed,
except when it tends in any reasonable degree to establish the probability or improbability of the fact in
issue. (4)
RULE 129
WHAT NEED NOT BE PROVED
Section 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, official acts of the legislative, executive
and judicial departments of the National Government of the Philippines, the laws of nature, the measure
of time, and the geographical divisions. (1a)
Section 2. Judicial notice, when discretionary. – A court may take judicial notice of matters which are
of public knowledge, or are capable of unquestionable demonstration, or ought to be known to judges
because of their judicial functions. (2)
Section 3. Judicial notice, when hearing 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. (3a)
Section 4. Judicial admissions. – An 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. (4a)
1
Resolution approving the 2019 Proposed Amendments to the Revised Rules on Evidence dated October 8, 2019
(Effective May 1, 2020).
Rule 130
RULE 130
RULES OF ADMISSIBILITY
A. OBJECT (REAL) EVIDENCE
Section 1. Object as evidence. – 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. (1)
B. DOCUMENTARY EVIDENCE
Section 2. Documentary evidence. – Documents as evidence consist of writings, recordings, photographs

or any material containing letters, words, sounds, numbers, figures, symbols, or their equivalent, 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. (2a)
1. Original Document Rule
Section 3. Original document must be produced; exceptions. – When the subject of inquiry is the contents
of a document, writing, recording, photograph or other record, no evidence is admissible other than the
original document itself, except in the following cases:
(a) When the original is lost or destroyed, or cannot be produced in 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 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;
(c) When the original consists of numerous accounts or other documents which cannot be
examined in court without great loss of time and the fact sought to be established from them
is only the general result of the whole;
(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. (3a)
Section 4. Original of document. –
(a) An “original” of a document is the document itself or any counterpart intended to have the same
effect by a person executing or issuing it. An “original” of a photograph includes the negative
or any print therefrom. If data is stored in a computer or similar device, any printout or other
output readable by sight or other means, shown to reflect the data accurately, is an “original.”
(b) 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.
2019 AMENDMENTS TO THE 1989 REVISED RULES ON EVIDENCE A.M. NO. 19 08 15 SC 7

Rule 130
(c) A duplicate is admissible to the same extent as an original unless (1) a genuine question
is raised as to the authenticity of the original, or (2) in the circumstances, it is unjust or
inequitable to admit the duplicate in lieu of the original. (4a)
2. Secondary Evidence
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 or her part, may prove its contents by a copy, or by
recital of its contents in some authentic document, or by the testimony of witnesses in the order stated. (5a)
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 the 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. (6a)
Section 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. (n)
Section 8. Evidence admissible when original document is a public record. – When the original of a
document is in the custody of a public officer or is recorded in a public office, its contents may be proved
by a certified copy issued by the public officer in custody thereof. (7)
Section 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. (8)
3. Parol Evidence Rule
Section 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, 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 evidence to modify, explain or add to the terms of the written
agreement if he or she puts in issue in a verified pleading:
(a) An intrinsic ambiguity, mistake or imperfection in the written agreement;

(b) The failure of the written agreement to express the true intent and agreement of the parties
thereto;
(c) The validity of the written agreement; or
(d) The existence of other terms agreed to by the parties or their successors in interest after the
execution of the written agreement.
The term “agreement” includes wills. (9a)
Rule 130
4. Interpretation of Documents
Section 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. (10)
Section 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. (11)
Section 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. (12)
Section 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 whose language he
or she is to interpret. (13a)
Section 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. (14)
Section 16. Written words control printed. – When an instrument consists partly of written words and
partly of a printed form, and the two [(2)] are inconsistent, the former controls the latter. (15)
Section 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. (16)
Section 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. (17a)
Section 19. Construction in favor of natural right. – When an instrument is equally susceptible of two
[(2)] interpretations, one [(1)] in favor of natural right and the other against it, the former is to be
adopted. (18)
Section 20. Interpretation according to usage. – An instrument may be construed according to usage, in
order to determine its true character. (19)

Rule 130
C. TESTIMONIAL EVIDENCE
1. Qualification of Witnesses
Section 21. Witnesses; their qualifications. – All persons who can perceive, and perceiving, can make
known their perception to others, may be witnesses. (20a)
Religious or political belief, interest in the outcome of the case, or conviction of a crime, unless
otherwise provided by law, shall not be a ground for disqualification. (20)
[Section 21. Disqualification by reason of mental incapacity or immaturity. – (Deleted)]
Section 22. Testimony confined to 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. (36a)
Section 23. Disqualification by reason of marriage. – During their marriage, the husband or the wife
cannot testify against the other without 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. (22a)
Section 24. Disqualification by reason of privileged communication[s]. – 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 the client, be examined as to any communication made
by the client to him or her, or his or her advice given thereon in the 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;
(ii) Claimants through same deceased client. As to a communication relevant to an issue
between parties who claim through the same deceased client, regardless of whether the
claims are by testate or intestate or by inter vivos transaction;
(iii) Breach of duty by lawyer or client. As to a communication relevant to an issue of breach
of duty by the lawyer to his or her client, or by the client to his or her lawyer;
(iv) Document attested by the lawyer. As to a communication relevant to an issue concerning
an attested document to which the lawyer is an attesting witness; or
Rule 130
(v) Joint clients. As to a communication relevant to a matter of common interest between

two [(2)] or more clients if the communication was made by any of them to a lawyer
retained or consulted in common, when offered in an action between any of the clients,
unless they have expressly agreed otherwise.
(c) A physician, psychotherapist or person reasonably believed by the patient to be authorized to

practice medicine or psychotherapy cannot in a civil case, without the consent of the patient,
be examined as to any confidential communication made for the purpose of diagnosis or
treatment of the patient’s physical, mental or emotional condition, including alcohol or drug
addiction, between the patient and his or her physician or psychotherapist. This privilege also
applies to persons, including members of the patient’s family, who have participated in the
diagnosis or treatment of the patient under the direction of the physician or 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, 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 as to communications
made to him or her in official confidence, when the court finds that the public interest would
suffer by the disclosure.
The communication shall remain privileged, even in the hands of a third person who may have
obtained the information, provided that the original parties to the communication took reasonable
precaution to protect its confidentiality. (24a)
2. Testimonial Privilege
Section 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. (25a)
Section 26. Privilege relating to trade secrets. – A person cannot be compelled to testify 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 and
of the parties and the furtherance of justice may require. (n)
3. Admissions and Confessions
Section 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. (26a)

Rule 130
Section 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 otherwise
discoverable or offered for another purpose, such as proving bias or prejudice of a witness, negativing a
contention of undue delay, or proving an effort to obstruct a criminal investigation or prosecution.
In criminal cases, except those involving quasi-offenses (criminal negligence) or those allowed
by law to be compromised, an offer of compromise by the accused may be received in evidence as an
implied admission of guilt.
A plea of guilty later withdrawn or an unaccepted offer of a plea of guilty to a 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. (27a)
Section 29. Admission by third party. – The rights of a party cannot be prejudiced by an act, declaration,
or omission of another, except as hereinafter provided. (28)
Section 30. Admission by co-partner or 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
the act or declaration of a joint owner, joint debtor, or other person jointly interested with the party. (29a)
Section 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. (30a)
Section 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. (31a)
Section 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. (32a)
Section 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. (33a)
4. Previous Conduct [a]s Evidence
Section 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 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. (34a)
Rule 130
Section 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. (35)
[Section 36. Testimony generally confined to personal knowledge; hearsay excluded. (Transposed to
Sec. 22. Testimony confined to personal knowledge.)]
5. Hearsay
Section 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. (n)
6. Exceptions [t]o [t]he Hearsay Rule
Section 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. (37a)
Section 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 indicating its lack of
trustworthiness. (23a)
Section 40. Declaration against interest. – The declaration made by a person deceased or unable to
testify against the interest of the declarant, if the fact 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 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. (38a)
Section 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

Rule 130
occurred before the controversy, and the relationship between the two [(2)] 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. (39a)
Section 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[,]
affinity, or adoption. Entries in family bibles or other family books or charts, engraving on rings, family
portraits and the like, may be received as evidence of pedigree. (40a)
Section 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. (41a)
Section 44. Part of the res gestae. – Statements made by a person while a startling 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 the 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. (42a)
Section 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 of or 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. (43a)
Section 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. (44a)
Section 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. (45)
Section 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. (46a)
Section 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. (47a)
Rule 130
Section 50. Residual exception. – A statement not specifically covered by any of the foregoing exceptions,
having equivalent circumstantial guarantees of trustworthiness, is admissible if the court determines that
(a) the statement is offered as evidence of a material fact; (b) the statement is more probative on the
point for which it is offered than any other evidence which the proponent can procure through reasonable
efforts; and (c) the general purposes of these [R]ules and the interests 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 declarant. (n)
7. Opinion Rule
Section 51. General rule. – The opinion of a witness is not admissible, except as indicated in the
following sections. (48)
Section 52. Opinion of expert witness. – 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. (49a)
Section 53. Opinion of ordinary witnesses. – The opinion of a witness, for which proper basis is given,
may be received in evidence regarding –
(a) [T]he identity of a person about whom he or she has adequate knowledge;
(b) A handwriting with which he or she has sufficient familiarity; and
(c) The mental sanity of a person with whom he or she is sufficiently acquainted.
The witness may also testify on his or her impressions of the emotion, behavior, condition or
appearance of a person. (50a)
8. Character Evidence
Section 54. Character evidence not generally admissible; exceptions. – Evidence of a person’s character
or a trait of character is not admissible for the purpose of proving action in conformity therewith on a
particular occasion, except:
(a) In Criminal Cases:

(1) The 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.
(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 a party in a civil case is admissible only when pertinent
to the issue of character involved in the case.

Rules 130-131
(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 specific 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. (51a; 14, Rule 132)
RULE 131
BURDEN OF PROOF, BURDEN OF EVIDENCE AND PRESUMPTIONS
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 or her 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 sufficient to establish or rebut a fact
in issue to establish a prima facie case. Burden of evidence may shift from one party to the other in the
course of the proceedings, depending on the exigencies of the case. (1a)
Section 2. Conclusive presumptions. – The following are instances of conclusive presumptions:

(a) Whenever a party has, by his or her own declaration, act, or omission, intentionally and
deliberately led 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 the title of his or her landlord at the time of the
commencement of the relation of landlord and tenant between them. (2a)
Section 3. Disputable presumptions. – The following presumptions are satisfactory if uncontradicted,

but may be contradicted and overcome by other evidence:
(a) That a person is innocent of crime or wrong;

(b) That an unlawful act was done with an unlawful intent;
(c) That a person intends the ordinary consequences of his or her voluntary act;
(d) That a person takes ordinary care of his or her concerns;
(e) That evidence willfully suppressed would be adverse if produced;
(f) That money paid by one to another was due to the latter;
(g) That a thing delivered by one to another belonged to the latter;
(h) That an obligation delivered up to the debtor has been paid;
(i) That prior rents or installments had been paid when a receipt for the later one is produced;
(j) That a person found in possession of a thing taken in the doing of a recent wrongful act is
the taker and the doer of the whole act; otherwise, that things which a person possesses, or
exercises acts of ownership over, are owned by him or her;
Rule 131
(k) That a person in possession of an order on himself or herself for the payment of the money,
or the delivery of anything, has paid the money or delivered the thing accordingly;
(l) That a person acting in a public office was regularly appointed or elected to it;
(m) That official duty has been regularly performed;
(n) That a court, or judge acting as such, whether in the Philippines or elsewhere, was acting in
the lawful exercise of jurisdiction;
(o) That all the matters within an issue raised in a case were laid before the court and passed
upon by it; and in like manner that all matters within an issue raised in a dispute submitted
for arbitration were laid before the arbitrators and passed upon by them;
(p) That private transactions have been fair and regular;
(q) That the ordinary course of business has been followed;
(r) That there was a sufficient consideration for a contract;
(s) That a negotiable instrument was given or indorsed for a sufficient consideration;
(t) That an indorsement of a negotiable instrument was made before the instrument was overdue
and at the place where the instrument is dated;
(u) That a writing is truly dated;
(v) That a letter duly directed and mailed was received in the regular course of the mail;
(w) That after an absence of seven [(7)] years, it being unknown whether or not the absentee still
lives, he or she is considered dead for all purposes, except for those of succession.
The absentee shall not be considered dead for the purpose of opening his or her succession
until after an absence of ten [(10)] years. If he or she disappeared after the age of seventy-
five [(75)] years, an absence of five [(5)] years shall be sufficient in order that his or her
succession may be opened.
The following shall be considered dead for all purposes including the division of the estate
among the heirs:
(1) A person on board a vessel lost during a sea voyage, or an aircraft which is missing,
who has not been heard of for four [(4)] years since the loss of the vessel or aircraft;
(2) A member of the armed forces who has taken part in armed hostilities, and has been
missing for four [(4)] years;
(3) A person who has been in danger of death under other circumstances and whose
existence has not been known for four [(4)] years; and
(4) If a married person has been absent for four [(4)] consecutive years, the spouse present
may contract a subsequent marriage if he or she has a well-founded belief that the absent
spouse is already dead. In case of disappearance, where there is a danger of death[, under]
the circumstances hereinabove provided, an absence of only two [(2)] years shall be
sufficient for the purpose of contracting a subsequent marriage. However, in any case,
before marrying again, the spouse present must institute summary proceeding[s] as
provided in the Family Code and in the rules for declaration of presumptive death of the
absentee, without prejudice to the effect of reappearance of the absent spouse[;]
(x) That acquiescence resulted from a belief that the thing acquiesced in was conformable to the
law or fact;

Rule 131
(y) That things have happened according to the ordinary course of nature and ordinary nature
habits of life;
(z) That persons acting as copartners have entered into a contract of copartnership;
(aa) That a man and woman deporting themselves as husband and wife have entered into a
lawful contract of marriage;
(bb) That property acquired by a man and a woman who are capacitated to marry each other and
who live exclusively with each other as husband and wife[,] without the benefit of marriage
or under a void marriage, has been obtained by their joint efforts, work or industry[;]
(cc) That in cases of cohabitation by a man and a woman who are not capacitated to marry each
other and who have acquired property through their actual joint contribution of money,
property or industry, such contributions and their corresponding shares[,] including joint
deposits of money and evidences of credit[,] are equal[;]
(dd) That if the marriage is terminated and the mother contracted another marriage within
three hundred [(300)] days after such termination of the former marriage, these rules shall
govern in the absence of proof to the contrary:
(1) A child born before one hundred eighty (180) days after the solemnization of the
subsequent marriage is considered to have been conceived during [the former]
marriage, [provided] it be born within the three hundred [(300)] days after the
termination of the former marriage; and
(2) A child born after one hundred eighty (180) days following the celebration of the
subsequent marriage is considered to have been conceived during such marriage,
even though it be born within the three hundred [(300)] days after the termination of
the former marriage[;]
(ee) That a thing once proved to exist continues as long as is usual with things of that nature;
(ff) That the law has been obeyed;
(gg) That a printed or published book, purporting to be printed or published by public authority,
was so printed or published;
(hh) That a printed or published book, purporting to contain reports of cases adjudged in tribunals
of the country where the book is published, contains correct reports of such cases;
(ii) That a trustee or other person whose duty it was to convey real property to a particular
person has actually conveyed it to him or her when such presumption is necessary to
perfect the title of such person or his or her successor in interest;
(jj) That except for purposes of succession, when two [(2)] persons perish in the same calamity,
such as wreck, battle, or conflagration, and it is not shown who died first, and there are
no particular circumstances from which it can be inferred, the survivorship is determined
from the probabilities resulting from the strength and the age of the sexes, according to the
following rules:
1. If both were under the age of fifteen [(15)] years, the older is deemed to have survived;
2. If both were above the age of sixty [(60)], the younger is deemed to have survived;
3. If one is under fifteen [(15)] and the other above sixty [(60)], the former is deemed to
have survived;
4. If both be over fifteen [(15)] and under sixty [(60)], and the sex be different, the male
is deemed to have survived, if the sex be the same, the older; and
Rules 131-132
5. If one be under fifteen [(15)] or over sixty [(60)], and the other between those ages, the
latter is deemed to have survived;
(kk) That if there is a doubt, as between two [(2)] 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. (3a)
Section 4. No presumption of legitimacy or illegitimacy. – There is no presumption of legitimacy or

illegitimacy of a child born after three hundred [(300)] days following the dissolution of the marriage or
the separation of the spouses. Whoever alleges the legitimacy or illegitimacy of such child must prove
his or her allegation. (4a)
Section 5. Presumptions in civil actions and proceedings. – In all civil actions and proceedings not
otherwise provided for by the law or these Rules, a presumption imposes on the party against whom it is
directed the burden of going forward with evidence to rebut or meet the presumption.
If presumptions are inconsistent, the presumption that is founded upon weightier considerations
of policy shall apply. If considerations of policy are of equal weight, neither presumption applies. (n)
Section 6. Presumption against an accused in criminal cases. – If a presumed fact that establishes guilt,
is an element of the offense charged, or negates a defense, the existence of the basic fact must be proved
beyond reasonable doubt and the presumed fact follows from the basic fact beyond reasonable doubt. (n)
RULE 132
PRESENTATION OF EVIDENCE
A. EXAMINATION OF WITNESSES
Section 1. Examination to be done in open court. – The examination of witnesses presented in a trial or
hearing shall be done in open court, and under oath or affirmation. Unless the witness is incapacitated
to speak, or the question calls for a different mode of answer, the answers of the witness shall be given
orally. (1)
Section 2. Proceedings to be recorded. – The entire proceedings of a trial or hearing, including the
questions propounded to a witness and his or her answers thereto, and the statements made by the judge
or any of the parties, counsel, or witnesses with reference to the case, shall be recorded by means of
shorthand or stenotype or by other means of recording found suitable by the court.
A transcript of the record of the proceedings made by the official stenographer, stenotypist or
recorder and certified as correct by him or her, shall be deemed prima facie a correct statement of such
proceedings. (2a)
Section 3. Rights and obligations of a witness. – A witness must answer questions, although his or her
answer may tend to establish a claim against him or her. However, it is the right of a witness:
(1) To be protected from irrelevant, improper, or insulting questions, and from harsh or insulting
demeanor;
(2) Not to be detained longer than the interests of justice require;
(3) Not to be examined except only as to matters pertinent to the issue;

Rule 132
(4) Not to give an answer which will tend to subject him or her to a penalty for an offense unless
otherwise provided by law; or
(5) Not to give an answer which will tend to degrade his or her reputation, unless it be to the
very fact at issue or to a fact from which the fact in issue would be presumed. But a witness
must answer to the fact of his or her previous final conviction for an offense. (3a)
Section 4. Order in the examination of an individual witness. – The order in which an individual witness
may be examined is as follows:
(a) Direct examination by the proponent;

(b) Cross-examination by the opponent;
(c) Re-direct examination by the proponent;
(d) Re-cross[-]examination by the opponent. (4)
Section 5. Direct examination. – Direct examination is the examination-in-chief of a witness by the party
presenting him or her on the facts relevant to the issue. (5a)
Section 6. Cross-examination; its purpose and extent. – Upon the termination of the direct examination,
the witness may be cross-examined by the adverse party on any relevant matter, with sufficient fullness
and freedom to test his or her accuracy and truthfulness and freedom from interest or bias, or the reverse,
and to elicit all important facts bearing upon the issue. (6a)
Section 7. Re-direct examination; its purpose and extent. – After the cross-examination of the witness has
been concluded, he or she may be re-examined by the party calling him or her to explain or supplement
his or her answers given during the cross-examination. On re-direct examination, questions on matters
not dealt with during the cross-examination may be allowed by the court in its discretion. (7a)
Section 8. Re-cross[-]examination. – Upon the conclusion of the re-direct examination, the adverse
party may re-cross-examine the witness on matters stated in his or her re-direct examination, and also on
such other matters as may be allowed by the court in its discretion. (8a)
Section 9. Recalling witness. – After the examination of a witness by both sides has been concluded,
the witness cannot be recalled without leave of the court. The court will grant or withhold leave in its
discretion, as the interests of justice may require. (9)
Section 10. Leading and misleading questions. – A question which suggests to the witness the answer
which the examining party desires is a leading question. It is not allowed, except:
(a) On cross-examination;
(b) On preliminary matters;
(c) When there is difficulty in getting direct and intelligible answers from a witness who is
ignorant, a child of tender years, is of feeble mind, or a deaf-mute;
(d) Of an unwilling or hostile witness; or
(e) Of a witness who is an adverse party or an officer, director, or managing agent of a public or
private corporation[,] or of a partnership or association which is an adverse party.
A misleading question is one which assumes as true a fact not yet testified to by the witness, or
contrary to that which he or she has previously stated. It is not allowed. (10a)
Rule 132
Section 11. Impeachment of adverse party’s witness. – A witness may be impeached by the party against
whom he or she was called, by contradictory evidence, by evidence that his or her general reputation
for truth, honesty, or integrity is bad, or by evidence that he or she has made at other times statements
inconsistent with his or her present testimony, but not by evidence of particular wrongful acts, except
that it may be shown by the examination of the witness, or record of the judgment, that he or she has
been convicted of an offense. (11a)
Section 12. Impeachment by evidence of conviction of crime. – For the purpose of impeaching a witness,
evidence that he or she has been convicted by final judgment of a crime shall be admitted if (a) the
crime was punishable by a penalty in excess of one [(1)] year; or (b) the crime involved moral turpitude,
regardless of the penalty.
However, evidence of a conviction is not admissible if the conviction has been the subject of an
amnesty or annulment of the conviction. (n)
Section 13. Party may not impeach his or her own witness. – Except with respect to witnesses referred
to in paragraphs (d) and (e) of Section 10 of this Rule, the party presenting the witness is not allowed to
impeach his or her credibility.
A witness may be considered as unwilling or hostile only if so declared by the court upon adequate
showing of his or her adverse interest, unjustified reluctance to testify, or his or her having misled the
party into calling him or her to the witness stand.
The unwilling or hostile witness so declared, or the witness who is an adverse party, may be
impeached by the party presenting him or her in all respects as if he or she had been called by the
adverse party, except by evidence of his or her bad character. He or she may also be impeached and
cross-examined by the adverse party, but such cross-examination must only be on the subject matter of
his or her examination-in-chief. (12a)
Section 14. How witness impeached by evidence of inconsistent statements. – Before a witness can be
impeached by evidence that he or she has made at other times statements inconsistent with his or her
present testimony, the statements must be related to him or her, with the circumstances of the times and
places and the persons present, and he or she must be asked whether he or she made such statements,
and if so, allowed to explain them. If the statements be in writing[,] they must be shown to the witness
before any question is put to him or her concerning them. (13a)
[Section 14. Evidence of good character of witness. – (Incorporated in Section 54, Rule 130)]
Section 15. Exclusion and separation of witnesses. – The court, motu proprio or upon motion, shall
order witnesses excluded so that they cannot hear the testimony of other witnesses. This rule does not
authorize exclusion of (a) a party who is a natural person, (b) a duly designated representative of a
juridical entity which is a party to the case, (c) a person whose presence is essential to the presentation
of the party’s cause, or (d) a person authorized by a statute to be present.
The court may also cause witnesses to be kept separate and to be prevented from conversing with
one another, directly or through intermediaries, until all shall have been examined. (15a)
Section 16. When witness may refer to memorandum. – A witness may be allowed to refresh his or her
memory respecting a fact by anything written or recorded by himself or herself, or under his or her
direction[,] at the time when the fact occurred, or immediately thereafter, or at any other time when the
fact was fresh in his or her memory and he or she knew that the same was correctly written or recorded;
but in such case[,] the writing or record must be produced and may be inspected by the adverse party,

Rule 132
who may, if he or she chooses, cross-examine the witness upon it and may read it in evidence. A witness
may also testify from such a writing or record, though he or she retains no recollection of the particular
facts, if he or she is able to swear that the writing or record correctly stated the transaction when made;
but such evidence must be received with caution. (16a)
Section 17. When part of transaction, writing or record given in evidence, the remainder admissible.
– When part of an act, declaration, conversation, writing or record is given in evidence by one party,
the whole of the same subject may be inquired into by the other, and when a detached act, declaration,
conversation, writing or record is given in evidence, any other act, declaration, conversation, writing or
record necessary to its understanding may also be given in evidence. (17)
Section 18. Right to inspect writing shown to witness. – Whenever a writing is shown to a witness, it may
be inspected by the adverse party. (18)
B. AUTHENTICATION AND PROOF OF DOCUMENTS
Section 19. Classes of documents. – For the purpose of their presentation in evidence, documents are
either public or private.
Public documents are:
(a) The written official acts, or records of the sovereign authority, official bodies and tribunals,
and public officers, whether of the Philippines, or of a foreign country;
(b) Documents acknowledged before a notary public except last wills and testaments;
(c) Documents that are considered public documents under treaties and conventions which are
in force between the Philippines and the country of source; and
(d) Public records, kept in the Philippines, of private documents required by law to be entered
therein.
All other writings are private. (19a)
Section 20. Proof of private document[s]. – Before any private document offered as authentic is received
in evidence, its due execution and authenticity must be proved by any of the following means:
(a) By anyone who saw the document executed or written;

(b) By evidence of the genuineness of the signature or handwriting of the maker[;] or
(c) By other evidence showing its due execution and authenticity.
Any other private document need only be identified as that which it is claimed to be. (20)
Section 21. When evidence of authenticity of private document not necessary. – Where a private document
is more than thirty (30) years old, is produced from a custody in which it would naturally be found if
genuine, and is unblemished by any alterations or circumstances of suspicion, no other evidence of its
authenticity need be given. (21)
Section 22. How genuineness of handwriting proved. – The handwriting of a person may be proved
by any witness who believes it to be the handwriting of such person because he or she has seen the
person write, or has seen writing purporting to be his or hers upon which the witness has acted or been
charged, and has thus acquired knowledge of the handwriting of such person. Evidence respecting the
Rule 132
handwriting may also be given by a comparison, made by the witness or the court, with writings admitted
or treated as genuine by the party against whom the evidence is offered, or proved to be genuine to the
satisfaction of the judge. (22)
Section 23. Public documents as evidence. – Documents consisting of entries in public records made
in the performance of a duty by a public officer are prima facie evidence of the facts therein stated. All
other public documents are evidence, even against a third person, of the fact which gave rise to their
execution and of the date of the latter. (23)
Section 24. Proof of official record. – The record of public documents referred to in paragraph (a) of
Section 19, when admissible for any purpose, may be evidenced by an official publication thereof or
by a copy attested by the officer having the legal custody of the record, or by his or her deputy, and
accompanied, if the record is not kept in the Philippines, with a certificate that such officer has the custody.
If the office in which the record is kept is in a foreign country, which is a contracting party to a
treaty or convention to which the Philippines is also a party, or considered a public document under such
treaty or convention pursuant to paragraph (c) of Section 19 hereof, the certificate or its equivalent shall
be in the form prescribed by such treaty or convention subject to reciprocity granted to public documents
originating from the Philippines.
For documents originating from a foreign country which is not a contracting party to a treaty
or convention referred to in the next preceding sentence, the certificate may be made by a secretary
of the embassy or legation, consul general, consul, vice-consul, or consular agent or by any officer in
the foreign service of the Philippines stationed in the foreign country in which the record is kept, and
authenticated by the seal of his [or her] office.
A document that is accompanied by a certificate or its equivalent may be presented in evidence
without further proof, the certificate or its equivalent being prima facie evidence of the due execution and
genuineness of the document involved. The certificate shall not be required when a treaty or convention
between a foreign country and the Philippines has abolished the requirement, or has exempted the
document itself from this formality. (24a)
Section 25. What attestation of copy must state. – Whenever a copy of a document or record is attested
for the purpose of evidence, the attestation must state, in substance, that the copy is a correct copy of the
original, or a specific part thereof, as the case may be. The attestation must be under the official seal of
the attesting officer, if there be any, or if he or she be the clerk of a court having a seal, under the seal of
such court. (25a)
Section 26. Irremovability of public record. – Any public record, an official copy of which is admissible
in evidence, must not be removed from the office in which it is kept, except upon order of a court where
the inspection of the record is essential to the just determination of a pending case. (26)
Section 27. Public record of a private document. – An authorized public record of a private document
may be proved by the original record, or by a copy thereof, attested by the legal custodian of the record,
with an appropriate certificate that such officer has the custody. (27)
Section 28. Proof of lack of record. – A written statement signed by an officer having the custody of an
official record or by his or her deputy that[,] after diligent search[,] no record or entry of a specified tenor
is found to exist in the records of his or her office, accompanied by a certificate as above provided, is
admissible as evidence that the records of his or her office contain no such record or entry. (28a)

Rule 132
Section 29. How judicial record impeached. – Any judicial record may be impeached by evidence of:
(a) want of jurisdiction in the court or judicial officer[;]
(b) collusion between the parties[;] or
(c) fraud in the party offering the record, in respect to the proceedings. (29)
Section 30. Proof of notarial documents. – Every instrument duly acknowledged or proved and certified
as provided by law, may be presented in evidence without further proof, the certificate of acknowledgment
being prima facie evidence of the execution of the instrument or document involved. (30)
Section 31. Alteration in document, how to explain. – The party producing a document as genuine which
has been altered and appears to have been altered after its execution, in a part material to the question
in dispute, must account for the alteration. He or she may show that the alteration was made by another,
without his or her concurrence, or was made with the consent of the parties affected by it, or was
otherwise properly or innocently made, or that the alteration did not change the meaning or language
of the instrument. If he or she fails to do that, the document shall not be admissible in evidence. (31a)
Section 32. Seal. – There shall be no difference between sealed and unsealed private documents insofar
as their admissibility as evidence is concerned. (32)
Section 33. Documentary evidence in an unofficial language. – Documents written in an unofficial

language shall not be admitted as evidence, unless accompanied with a translation into English or
Filipino. To avoid interruption of proceedings, parties or their attorneys are directed to have such
translation prepared before trial. (33)
C. OFFER AND OBJECTION
Section 34. Offer of evidence. – The court shall consider no evidence which has not been formally
offered. The purpose for which the evidence is offered must be specified. (34)
Section 35. When to make offer. – All evidence must be offered orally.
The offer of the testimony of a witness in evidence must be made at the time the witness is called
to testify.
The offer of documentary and object evidence shall be made after the presentation of a party’s
testimonial evidence. (35a)
Section 36. Objection. – Objection to offer of evidence must be made orally immediately after the offer
is made.
Objection to the testimony of a witness for lack of a formal offer must be made as soon as the
witness begins to testify. Objection to a question propounded in the course of the oral examination of a
witness must be made as soon as the grounds therefor become reasonably apparent.
The grounds for the objections must be specified. (36a)
Section 37. When repetition of objection unnecessary. – When it becomes reasonably apparent in the
course of the examination of a witness that the questions being propounded are of the same class as those
to which objection has been made, whether such objection was sustained or overruled, it shall not be
necessary to repeat the objection, it being sufficient for the adverse party to record his or her continuing
objection to such class of questions. (37a)
Rules 132-133
Section 38. Ruling. – The ruling of the court must be given immediately after the objection is made,
unless the court desires to take a reasonable time to inform itself on the question presented; but the ruling
shall always be made during the trial and at such time as will give the party against whom it is made an
opportunity to meet the situation presented by the ruling.
The reason for sustaining or overruling an objection need not be stated. However, if the objection
is based on two [(2)] or more grounds, a ruling sustaining the objection on one [(1)] or some of them
must specify the ground or grounds relied upon. (38)
Section 39. Striking out [of] answer. – Should a witness answer the question before the adverse party
had the opportunity to voice fully its objection to the same, or where a question is not objectionable,
but the answer is not responsive, or where a witness testifies without a question being posed or testifies
beyond limits set by the court, or when the witness does a narration instead of answering the question,
and such objection is found to be meritorious, the court shall sustain the objection and order such
answer, testimony or narration to be stricken off the record.
On proper motion, the court may also order the striking out of answers which are incompetent,
irrelevant, or otherwise improper. (39a)
Section 40. Tender of excluded evidence. – If documents or things offered in evidence are excluded by
the court, the offeror may have the same attached to or made part of the record. If the evidence excluded
is oral, the offeror may state for the record the name and other personal circumstances of the witness and
the substance of the proposed testimony. (40)
RULE 133
WEIGHT AND SUFFICIENCY OF EVIDENCE
Section 1. Preponderance of evidence, how determined. – In civil cases, the party having the burden
of proof must establish his or her case by a preponderance of evidence. In determining where the
preponderance or superior weight of evidence on the issues involved lies, the court may consider all the
facts and circumstances of the case, the witnesses’ manner of testifying, their intelligence, their means
and opportunity of knowing the facts to which they are testifying, the nature of the facts to which they
testify, the probability or improbability of their testimony, their interest or want of interest, and also their
personal credibility so far as the same may legitimately appear upon the trial. The court may also consider
the number of witnesses, though the preponderance is not necessarily with the greater number. (1a)
Section 2. Proof beyond reasonable doubt. – In a criminal case, the accused is entitled to an acquittal,
unless his or her guilt is shown beyond reasonable doubt. Proof beyond reasonable doubt does not mean
such a degree of proof as, excluding possibility of error, produces absolute certainty. Moral certainty
only is required, or that degree of proof which produces conviction in an unprejudiced mind. (2a)
Section 3. Extrajudicial confession, not sufficient ground for conviction. – An extrajudicial confession
made by an accused shall not be sufficient ground for conviction, unless corroborated by evidence
of corpus delicti. (3)

Rule 133
Section 4. Circumstantial evidence, when sufficient. – Circumstantial evidence is sufficient for conviction if:
(a) There is more than one [(1)] circumstance;

(b) The facts from which the inferences are derived are proven; and
(c) The combination of all the circumstances is such as to produce a conviction beyond reasonable
doubt.
Inferences cannot be based on other inferences. (4a)
Section 5. Weight to be given opinion of expert witness, how determined. – In any case where the opinion
of an expert witness is received in evidence, the court has a wide latitude of discretion in determining the
weight to be given to such opinion, and for that purpose may consider the following:
(a) Whether the opinion is based upon sufficient facts or data;

(b) Whether it is the product of reliable principles and methods;
(c) Whether the witness has applied the principles and methods reliably to the facts of the case; and
(d) Such other factors as the court may deem helpful to make such determination. (n)
Section 6. Substantial evidence. – In cases filed before administrative or quasi-judicial bodies, a fact
may be deemed established if it is supported by substantial evidence, or that amount of relevant evidence
which a reasonable mind might accept as adequate to justify a conclusion. (5)
Section 7. Power of the court to stop further evidence. – The court may stop the introduction of further
testimony upon any particular point when the evidence upon it is already so full that more witnesses
to the same point cannot be reasonably expected to be additionally persuasive. This power shall be
exercised with caution. (6a)
Section 8. Evidence on motion. – When a motion is based on facts not appearing of record, the court may
hear the matter on affidavits or depositions presented by the respective parties, but the court may direct
that the matter be heard wholly or partly on oral testimony or depositions. (7)
3
C T
1989 R
R E
2019 A
Rule 128
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CĔĒĕĆėĆęĎěĊ TĆćđĊ Ĕċ ęčĊ 1989 RĊěĎĘĊĉ RĚđĊĘ
Ĕē EěĎĉĊēĈĊ Ćēĉ ęčĊ 2019 AĒĊēĉĒĊēęĘ
Ĕ
RULE 128
GENERAL PROVISIONS
REVISED RULES ON EVIDENCE 2019 AMENDMENTS
Section 1. Evidence defined. – Evidence Section 1. Evidence defined. – Evidence is

is the means, sanctioned by these rules, of the means, sanctioned by these [R]ules, of
ascertaining in a judicial proceeding the truth ascertaining in a judicial proceeding the truth
respecting a matter of fact. (1) respecting a matter of fact. (1)
Section 2. Scope. – The rules of evidence Section 2. Scope. – The rules of evidence
shall be the same in all courts and in all trials shall be the same in all courts and in all trials
and hearings, except as otherwise provided and hearings, except as otherwise provided
by law or these rules. (2a) by law or these [R]ules. (2)
Section 3. Admissibility of evidence. – Section 3. Admissibility of evidence. –

Evidence is admissible when it is relevant to Evidence is admissible when it is relevant to
the issue and is not excluded by the law or the issue and not excluded by the Constitution,
these rules. (3a) the law or these Rules. (3a)
Section 4. Relevancy; collateral matters. – Section 4. Relevancy; collateral matters. –

Evidence must have such a relation to the fact Evidence must have such a relation to the fact
in issue as to induce belief in its existence in issue as to induce belief in its existence
or non-existence. Evidence on collateral or non-existence. Evidence on collateral
matters shall not be allowed, except when it matters shall not be allowed, except when it
tends in any reasonable degree to establish tends in any reasonable degree to establish
the probability or improbability of the fact in the probability or improbability of the fact in
issue. (4a) issue. (4)
Rule 129
RULE 129
WHAT NEED NOT BE PROVED
Section 1. Judicial notice, when mandatory. Section 1. Judicial notice, when mandatory.
– A court shall take judicial notice, without – A court shall take judicial notice, without
the introduction of evidence, of the existence the introduction of evidence, of the existence
and territorial extent of states, their political and territorial extent of states, their political
history, forms of government and symbols history, forms of government and symbols of
of nationality, the law of nations, the nationality, the law of nations, the admiralty
admiralty and maritime courts of the world and maritime courts of the world and their
and their seals, the political constitution and seals, the political constitution and history of
history of the Philippines, the official acts the Philippines, official acts of the legislative,
of the legislative, executive and judicial executive and judicial departments of the
departments of the Philippines, the laws National Government of the Philippines, the
of nature, the measure of time, and the laws of nature, the measure of time, and the
geographical divisions. (1a) geographical divisions. (1a)
Section 2. Judicial notice, when discretionary. Section 2. Judicial notice, when discretionary.
– A court may take judicial notice of matters – A court may take judicial notice of matters
which are of public knowledge, or are capable which are of public knowledge, or are capable
of unquestionable demonstration, or ought to of unquestionable demonstration, or ought to
be known to judges because of their judicial be known to judges because of their judicial
functions. (1a) functions. (2)
Section 3. Judicial notice, when hearing Section 3. Judicial notice, when hearing
necessary. – During the trial, the court, on necessary. – During the pre-trial and the
its own initiative, or on request of a party, trial, the court, motu proprio, or upon motion,
may announce its intention to take judicial shall hear the parties on the propriety of
notice of any matter and allow the parties to taking judicial notice of any matter.
be heard thereon.
Before judgment or on appeal, the court,
After the trial, and before judgment or on motu proprio or upon motion, may take
appeal, the proper court, on its own initiative judicial notice of any matter and shall hear
or on request of a party, may take judicial the parties thereon if such matter is decisive
notice of any matter and allow the parties to of a material issue in the case. (3a)
be heard thereon if such matter is decisive of
a material issue in the case. (n)
COMPARATIVE TABLE OF THE 1989 REVISED RULES ON EVIDENCE AND THE 2019 AMENDMENTS 29
Rules 129-130
Section 4. Judicial admissions. – An Section 4. Judicial admissions. – An

admission, verbal or written, made by a party admission, oral or written, made by [the]
in the course of the proceedings in the same party in the course of the proceedings in
case, does not require proof. The admission the same case, does not require proof. The
may be contradicted only by showing that it admission may be contradicted only by
was made through palpable mistake or that showing that it was made through palpable
no such admission was made. (2a) mistake or that the imputed admission was
not, in fact, made. (4a)
RULE 130
RULES OF ADMISSIBILITY
A. OBJECT (REAL) EVIDENCE
Section 1. Object as evidence. – Objects as Section 1. Object as evidence. – Objects as

evidence are those addressed to the senses of evidence are those addressed to the senses of
the court. When an object is relevant to the the court. When an object is relevant to the
fact in issue, it may be exhibited to, examined fact in issue, it may be exhibited to, examined
or viewed by the court. (1a) or viewed by the court. (1)
B. DOCUMENTARY EVIDENCE
Section 2. Documentary evidence. – Section 2. Documentary evidence. –

Documents as evidence consist of writings Documents as evidence consist of writings,
or any material containing letters, words, recordings, photographs or any material
numbers, figures, symbols or other modes of containing letters, words, sounds, numbers,
written expressions offered as proof of their figures, symbols, or their equivalent, or
contents. (n) 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. (2a)
Rule 130
1. Original Document Rule
Section 3. Original document must be Section 3. Original document must be

produced; exceptions. – When the subject produced; exceptions. – When the subject
of inquiry is the contents of a document, of inquiry is the contents of a document,
no evidence shall be admissible other than writing, recording, photograph or other
the original document itself, except in the record, no evidence is admissible other than
following cases: the original document itself, except in the
following cases:
(a) When the original has been lost or (a) When the original is lost or destroyed, or
destroyed, or cannot be produced in cannot be produced in court, without bad
court, without bad faith on the part of the faith on the part of the offeror;
offeror;
(b) When the original is in the custody or (b) When the original is in the custody or
under the control of the party against under the control of the party against
whom the evidence is offered, and the whom the evidence is offered, and the
latter fails to produce it after reasonable latter fails to produce it after reasonable
notice; notice, or the original cannot be obtained
by local judicial processes or procedures;
(c) When the original consists of numerous (c) When the original consists of numerous
accounts or other documents which accounts or other documents which
cannot be examined in court without cannot be examined in court without
great loss of time and the fact sought great loss of time and the fact sought
to be established from them is only the to be established from them is only the
general result of the whole; and general result of the whole;
(d) When the original is a public record in the (d) When the original is a public record in the
custody of a public officer or is recorded custody of a public officer or is recorded
in a public office. (2a) in a public office; and
(e) When the original is not closely-related

to a controlling issue. (3a)
Rule 130
Section 4. Original of document. – Section 4. Original of document. –
(a) The original of a document is one the (a) An “original” of a document is 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 [(2)] 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 device,
copies are equally regarded as originals. any printout or other output readable by
sight or other means, shown to reflect the
(c) When an entry is repeated in the regular data accurately, is an “original.”
course of business, one being copied
from another at or near the time of the (b) A “duplicate” is a counterpart produced
transaction, all the entries are likewise by the same impression as the original,
equally regarded as originals. (3a) 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.
(c) A duplicate is admissible to the same

extent as an original unless (1) a genuine
question is raised as to the authenticity of
the original, or (2) in the circumstances,
it is unjust or inequitable to admit the
duplicate in lieu of the original. (4a)
Rule 130
2. Secondary Evidence
Section 5. When original document is Section 5. When original document is

unavailable. – When the original document unavailable. – When the original document
has been lost or destroyed, or cannot be has been lost or destroyed, or cannot be
produced in court, the offeror, upon proof produced in court, the offeror, upon proof of
of its execution or existence and the cause its execution or existence and the cause of
of its unavailability without bad faith on his its unavailability without bad faith on his or
part, may prove its contents by a copy, or her part, may prove its contents by a copy,
by a recital of its contents in some authentic or by recital of its contents in some authentic
document, or by the testimony of witnesses document, or by the testimony of witnesses
in the order stated. (4a) in the order stated. (5a)
Section 6. When original document is in Section 6. When original document is in

adverse party’s custody or control. – If the adverse party’s custody or control. – If the
document is in the custody or under the document is in the custody or under the
control of the adverse party, he must have control of the adverse party, he or she must
reasonable notice to produce it. If after such have reasonable notice to produce it. If after
notice and after satisfactory proof of its such notice and after satisfactory proof of
existence, he fails to produce the document, its existence, he or she fails to produce the
secondary evidence may be presented as in document, secondary evidence may be
the case of its loss. (5a) presented as in the case of its loss. (6a)
No counterpart provision. Section 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. (n)
Rule 130
Section 7. Evidence admissible when original Section 8. Evidence admissible when original
document is a public record. – When the document is a public record. – When the
original of a document is in the custody of a original of a document is in the custody of a
public officer or is recorded in a public office, public officer or is recorded in a public office,
its contents may be proved by a certified its contents may be proved by a certified
copy issued by the public officer in custody copy issued by the public officer in custody
thereof. (2a) thereof. (7)
Section 8. Party who calls for document not Section 9. Party who calls for document not
bound to offer it. – A party who calls for the bound to offer it. – A party who calls for the
production of a document and inspects the production of a document and inspects the
same is not obliged to offer it as evidence. (6a) same is not obliged to offer it as evidence. (8)
Rule 130
3. Parol Evidence Rule
Section 9. Evidence of written agreements. Section 10. Evidence of written agreements.

– When the terms of an agreement have – When the terms of an agreement have
been reduced to writing, it is considered as been reduced to writing, it is considered as
containing all the terms agreed upon and containing all the terms agreed upon and
there can be, between the parties and their there can be, as between the parties and their
successors in interest, no evidence of such successors in interest, no evidence of such
terms other than the contents of the written terms other than the contents of the written
agreement. agreement.
However, a party may present evidence to However, a party may present evidence to
modify, explain or add to the terms of the modify, explain or add to the terms of the
written agreement if he puts in issue in his written agreement if he or she puts in issue in
pleading: 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 agreement to (b) The failure of the written agreement to
express the true intent and agreement express the true intent and agreement of
of the parties thereto; the parties thereto;
(c) The validity of the written agreement; or (c) The validity of the written agreement; or
(d) The existence of other terms agreed (d) The existence of other terms agreed
to by the parties or their successors to by the parties or their successors in
in interest after the execution of the interest after the execution of the written
written agreement. agreement.
The term “agreement” includes wills. (7a) The term “agreement” includes wills. (9a)
Rule 130
4. Interpretation of Documents
Section 10. Interpretation of a writing Section 11. Interpretation of a writing

according to its legal meaning. – The according to its legal meaning. – The
language of a writing is to be interpreted language of a writing is to be interpreted
according to the legal meaning it bears in according to the legal meaning it bears in
the place of its execution, unless the parties the place of its execution, unless the parties
intended otherwise. (8) intended otherwise. (10)
Section 11. Instrument construed so as to give Section 12. Instrument construed so as to give
effect to all provisions. – In the construction effect to all provisions. – In the construction
of an instrument where there are several of an instrument[,] where there are several
provisions or particulars, such a construction provisions or particulars, such a construction
is, if possible, to be adopted as will give is, if possible, to be adopted as will give
effect to all. (9) effect to all. (11)
Section 12. Interpretation according to Section 13. Interpretation according to

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

circumstances. – For the proper construction circumstances. – For the proper construction
of an instrument, the circumstances under of an instrument, the circumstances under
which it was made, including the situation of which it was made, including the situation of
the subject thereof and of the parties to it, may the subject thereof and of the parties to it, may
be shown, so that the judge may be placed in be shown, so that the judge may be placed in
the position of those whose language he is to the position of those whose language he or
interpret. (11) she is to interpret. (13a)
Rule 130
Section 14. Peculiar signification of terms. Section 15. Peculiar signification of terms.
– The terms of a writing are presumed to – The terms of a writing are presumed to
have been used in their primary and general have been used in their primary and general
acceptation, but evidence is admissible to acceptation, but evidence is admissible to
show that they have a local, technical, or show that they have a local, technical, or
otherwise peculiar signification, and were otherwise peculiar signification, and were
so used and understood in the particular so used and understood in the particular
instance, in which case the agreement must instance, in which case the agreement must
be construed accordingly. (12) be construed accordingly. (14)
Section 15. Written words control printed. – Section 16. Written words control printed. –
When an instrument consists partly of written When an instrument consists partly of written
words and partly of a printed form, and the words and partly of a printed form, and the
two [(2)] are inconsistent, the former controls two [(2)] are inconsistent, the former controls
the latter. (13) the latter. (15)
Section 16. Experts and interpreters to be Section 17. Experts and interpreters to be
used in explaining certain writings. – When used in explaining certain writings. – When
the characters in which an instrument is the characters in which an instrument is
written are difficult to be deciphered, or the written are difficult to be deciphered, or the
language is not understood by the court, the language is not understood by the court, the
evidence of persons skilled in deciphering the evidence of persons skilled in deciphering the
characters, or who understand the language, characters, or who understand the language,
is admissible to declare the characters or the is admissible to declare the characters or the
meaning of the language. (14) meaning of the language. (16)
Section 17. Of two constructions, which Section 18. Of two constructions, which
preferred. – When the terms of an agreement preferred. – When the terms of an agreement
have been intended in a different sense by the have been intended in a different sense by
different parties to it, that sense is to prevail the different parties to it, that sense is to
against either party in which he supposed prevail against either party in which he or she
the other understood it, and when different supposed the other understood it, and when
constructions of a provision are otherwise different constructions of a provision are
equally proper, that is to be taken which is the otherwise equally proper, that is to be taken
most favorable to the party in whose favor which is the most favorable to the party in
the provision was made. (15) whose favor the provision was made. (17a)
Rule 130
Section 18. Construction in favor of natural Section 19. Construction in favor of natural
right. – When an instrument is equally right. – When an instrument is equally
susceptible of two [(2)] interpretations, one susceptible of two [(2)] interpretations, one
[(1)] in favor of natural right and the other [(1)] in favor of natural right and the other
against it, the former is to be adopted. (16) against it, the former is to be adopted. (18)

usage. – An instrument may be construed usage. – An instrument may be construed
according to usage, in order to determine its according to usage, in order to determine its
true character. (17) true character. (19)
C. TESTIMONIAL EVIDENCE
1. Qualification of Witnesses
Section 20. Witnesses; their qualifications. Section 21. Witnesses; their qualifications. –
– Except as provided in the next succeeding All persons who can perceive, and perceiving,
section, all persons who can perceive, and can make known their perception to others,
perceiving, can make known their perception may be witnesses. (20a)
to others, may be witnesses.
Religious or political belief, interest in the Religious or political belief, interest in the
outcome of the case, or conviction of a crime outcome of the case, or conviction of a crime,
unless otherwise provided by law, shall not unless otherwise provided by law, shall not
be a ground for disqualification. (18a) be a ground for disqualification. (20)
Rule 130
Section 21. Disqualification by reason of [Section 21. Disqualification by reason of

mental incapacity or immaturity. – The mental incapacity or immaturity. – (Deleted)]
following persons cannot be witnesses:
(a) Those whose mental condition, at the

time of their production for examination,
is such that they are incapable of
intelligently making known their
perception to others;
(b) Children whose mental maturity is

such as to render them incapable of
perceiving the facts respecting which
they are examined and of relating them
truthfully. (19a)
Section 36. Testimony generally Section 22. Testimony confined to personal

confined to personal knowledge; hearsay knowledge. – A witness can testify only to
excluded. – A witness can testify only those facts which he or she knows of his or
to those facts which he knows of his her personal knowledge; that is, which are
personal knowledge; that is, which
derived from his or her own perception. (36a)
are derived from his own perception,
except as otherwise provided in these
rules. (30a)
Section 22. Disqualification by reason of Section 23. Disqualification by reason of

marriage. – During their marriage, neither the marriage. – During their marriage, the husband
husband nor the wife may testify for or against or the wife cannot testify against the other
the other without the consent of the affected without the consent of the affected spouse,
spouse, except in a civil case by one against except in a civil case by one against the other,
the other, or in a criminal case for a crime or in a criminal case for a crime committed
committed by one against the other or the by one against the other or the latter’s direct
latter’s direct descendants or ascendants. (20a) descendants or ascendants. (22a)
Section 23. Disqualification by reason of [Amended counterpart provision transposed

death or insanity of adverse party. as Section 39.]
Rule 130
Section 24. Disqualification by reason Section 24. Disqualification by reason of privileged

of privileged communication. – The communication[s ]. – The following persons cannot testify as to
following persons cannot testify as to matters learned in confidence in the following cases:
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
(a) The husband or the wife, during any communication received in confidence by one from
or after the marriage, cannot be the other during the marriage except in a civil case by one
examined without the consent of against the other, or in a criminal case for a crime committed
the other as to any communication by one against the other or the latter’s direct descendants or
received in confidence by one from ascendants.
the other during the marriage except
in a civil case by one against the (b) An attorney or person reasonably believed by the client to be
other, or in a criminal case for a crime licensed to engage in the practice of law cannot, without the
committed by one against the other consent of the client, be examined as to any communication
or the latter’s direct descendants or made by the client to him or her, or his or her advice given
ascendants; thereon in the course of, or with a view to, professional
employment, nor can an attorney’s secretary, stenographer,
(b) An attorney cannot, without the or clerk, or other persons assisting the attorney be examined,
consent of his client, be examined without the consent of the client and his or her employer,
as to any communication made by concerning any fact the knowledge of which has been acquired
the client to him, or his advice given in such capacity, except in the following cases:
thereon in the course of, or with a
view to, professional employment, (i) Furtherance of crime or fraud. If the services or advice
nor can an attorney’s secretary, of the lawyer were sought or obtained to enable or aid
stenographer, or clerk be examined, anyone to commit or plan to commit what the client knew
without the consent of the client and or reasonably should have known to be a crime or fraud;
his employer, concerning any fact (ii) Claimants through same deceased client. As to a
the knowledge of which has been communication relevant to an issue between parties who
acquired in such capacity; claim through the same deceased client, regardless of
whether the claims are by testate or intestate or by inter
vivos transaction;
(iii) Breach of duty by lawyer or client. As to a communication
relevant to an issue of breach of duty by the lawyer to his
or her client, or by the client to his or her lawyer;
(iv) Document attested by the lawyer. As to a communication
relevant to an issue concerning an attested document to
which the lawyer is an attesting witness; or
(v) Joint clients. As to a communication relevant to a matter
of common interest between two [(2)] 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.
Rule 130
Continued from Section 24. Disqualification by reason of privileged Continued from Section 24. Disqualification by reason of privileged
communications. communications.
(c) A person authorized to practice medicine, surgery (c) A physician, psychotherapist or person reasonably
or obstetrics cannot in a civil case, without the believed by the patient to be authorized to practice
consent of the patient, be examined as to any advice medicine or psychotherapy cannot in a civil case,
or treatment given by him or any information which without the consent of the patient, be examined as
he may have acquired in attending such patient in to any confidential communication made for the
a professional capacity, which information was purpose of diagnosis or treatment of the patient’s
necessary to enable him to act in that capacity, and physical, mental or emotional condition, including
which would blacken the reputation of the patient; alcohol or drug addiction, between the patient
and his or her physician or psychotherapist. This
privilege also applies to persons, including members
of the patient’s family, who have participated in
the diagnosis or treatment of the patient under the
direction of the physician or 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 cannot, without the consent (d) A minister, priest or person reasonably believed to
of the person making the confession, be examined be so cannot, without the consent of the affected
as to any confession made to or any advice given person, be examined as to any communication or
by him in his professional character in the course confession made to or any advice given by him
of discipline enjoined by the church to which the or her, in his or her professional character, in the
minister or priest belongs; course of discipline enjoined by the church to
which the minister or priest belongs.
(e) A public officer cannot be examined during his (e) A public officer cannot be examined during or after
term of office or afterwards, as to communications his or her tenure as to communications made to
made to him in official confidence, when the court him or her in official confidence, when the court
finds that the public interest would suffer by the finds that the public interest would suffer by the
disclosure. (21a) disclosure.
The communication shall remain privileged, even in

the hands of a third person who may have obtained the
information, provided that the original parties to the
communication took reasonable precaution to protect
its confidentiality. (24a)
Rule 130
2. Testimonial Privilege
Section 25. Parental and filial privilege. – No Section 25. Parental and filial privilege. – No
person may be compelled to testify against person shall be compelled to testify against
his parents, other direct ascendants, children his or her parents, other direct ascendants,
or other direct descendants. (20a) children or other direct descendants, except
when such testimony is indispensable in a
crime against that person or by one parent
against the other. (25a)
No counterpart provision. Section 26. Privilege relating to trade secrets.

– A person cannot be compelled to testify
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
and of the parties and the furtherance of
justice may require. (n)
3. Admissions and Confessions
Section 26. Admission of a party. – The Section 27. Admission of a party. – The
act, declaration or omission of a party as act, declaration or omission of a party as
to a relevant fact may be given in evidence to a relevant fact may be given in evidence
against him. (22) against him or her. (26a)
Rule 130
Section 27. Offer of compromise not Section 28. Offer of compromise not
admissible. – In civil cases, an offer of admissible. – In civil cases, an offer of
compromise is not an admission of any compromise is not an admission of any
liability, and is not admissible in evidence liability, and is not admissible in evidence
against the offeror. against the offeror. Neither is evidence of
conduct nor statements made in compromise
In criminal cases, except those involving negotiations admissible, except evidence
quasi-offenses (criminal negligence) or otherwise discoverable or offered for another
those allowed by law to be compromised, an purpose, such as proving bias or prejudice of
offer of compromise by the accused may be a witness, negativing a contention of undue
received in evidence as an implied admission delay, or proving an effort to obstruct a
of guilt. criminal investigation or prosecution.
A plea of guilty later withdrawn, or an In criminal cases, except those involving

unaccepted offer of a plea of guilty to a lesser quasi-offenses (criminal negligence) or
offense, is not admissible in evidence against those allowed by law to be compromised, an
the accused who made the plea or offer. offer of compromise by the accused may be
received in evidence as an implied admission
An offer to pay or the payment of medical, of guilt.
hospital or other expenses occasioned by an
injury is not admissible in evidence as proof of A plea of guilty later withdrawn or an
civil or criminal liability for the injury. (24a) unaccepted offer of a plea of guilty to a 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. (27a)
Rule 130
Section 28. Admission by third party. – The Section 29. Admission by third party. – The
rights of a party cannot be prejudiced by rights of a party cannot be prejudiced by
an act, declaration, or omission of another, an act, declaration, or omission of another,
except as hereinafter provided. (25a) except as hereinafter provided. (28)
Section 29. Admission by co-partner or agent. Section 30. Admission by co-partner or agent.
– The act or declaration of a partner or agent – The act or declaration of a partner or agent
of the party within the scope of his authority authorized by the party to make a statement
and during the existence of the partnership concerning the subject, or within the scope
or agency, may be given in evidence against of his or her authority[,] and during the
such party after the partnership or agency is existence of the partnership or agency, may be
shown by evidence other than such act or given in evidence against such party after the
declaration. The same rule applies to the act partnership or agency is shown by evidence
or declaration of a joint owner, joint debtor, other than such act or declaration. The same
or other person jointly interested with the rule applies to the act or declaration of a joint
party. (26a) owner, joint debtor, or other person jointly
interested with the party. (29a)
Section 30. Admission by conspirator. – Section 31. Admission by conspirator. –

The act or declaration of a conspirator The act or declaration of a conspirator in
relating to the conspiracy and during its furtherance of the conspiracy and during its
existence, may be given in evidence against existence may be given in evidence against
the co-conspirator after the conspiracy is the co-conspirator after the conspiracy is
shown by evidence other than such act or shown by evidence other than such act of
declaration. (27) declaration. (30a)
Section 31. Admission by privies. – Where Section 32. Admission by privies. – Where
one derives title to property from another, one derives title to property from another,
the act, declaration, or omission of the latter, the latter’s act, declaration, or omission, in
while holding the title, in relation to the relation to the property, is evidence against
property, is evidence against the former. (28) the former [if done] while the latter was
holding the title. (31a)
Rule 130
Section 32. Admission by silence. – An act Section 33. Admission by silence. – An act or
or declaration made in the presence and declaration made in the presence and within
within the hearing or observation of a party the hearing or observation of a party who does
who does or says nothing when the act or or says nothing when the act or declaration is
declaration is such as naturally to call for such as naturally to call for action or comment
action or comment if not true, and when if not true, and when proper and possible for
proper and possible for him to do so, may be him or her to do so, may be given in evidence
given in evidence against him. (23a) against him or her. (32a)
Section 33. Confession. – The declaration of Section 34. Confession. – The declaration of
an accused acknowledging his guilt of the an accused acknowledging his or her guilt
offense charged, or of any offense necessarily of the offense charged, or of any offense
included therein, may be given in evidence necessarily included therein, may be given in
against him. (29a) evidence against him or her. (33a)
4. Previous Conduct [a]s Evidence
Section 34. Similar acts as evidence. – Section 35. Similar acts as evidence. –
Evidence that one did or did not do a certain Evidence that one did or did not do a certain
thing at one time is not admissible to prove thing at one time is not admissible to prove
that he did or did not do the same or a similar that he or she did or did not do the same
thing at another time; but it may be received or similar thing at another time; but it may
to prove a specific intent or knowledge, be received to prove a specific intent or
identity, plan, system, scheme, habit, custom knowledge, identity, plan, system, scheme,
or usage, and the like. (48a) habit, custom or usage, and the like. (34a)
Rule 130
Section 35. Unaccepted offer. – An offer in Section 36. Unaccepted offer. – An offer in
writing to pay a particular sum of money or writing to pay a particular sum of money or
to deliver a written instrument or specific to deliver a written instrument or specific
personal property is, if rejected without valid personal property is, if rejected without valid
cause, equivalent to the actual production cause, equivalent to the actual production
and tender of the money, instrument, or and tender of the money, instrument, or
property. (49a) property. (35)
[Section 36. Testimony generally confined

to personal knowledge; hearsay excluded. –
(Transposed to Sec. 22. Testimony confined
to personal knowledge.)]
5. Hearsay
No counterpart provision. Section 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. (n)
Rule 130
6. Exceptions [t]o [t]he Hearsay Rule
Section 37. Dying declaration. – The Section 38. Dying declaration. – The
declaration of a dying person, made under the declaration of a dying person, made under the
consciousness of an impending death, may consciousness of an impending death, may
be received in any case wherein his death be received in any case wherein his or her
is the subject of inquiry, as evidence of the death is the subject of inquiry, as evidence of
cause and surrounding circumstances of such the cause and surrounding circumstances of
death. (31a) such death. (37a)
Section 23. Disqualification by reason Section 39. Statement of decedent or person

of death or insanity of adverse party. of unsound mind. – In an action against
– Parties or assignors of parties to a an executor or administrator or other
case, or persons in whose behalf a case representative of a deceased person, or against
is prosecuted, against an executor or
a person of unsound mind, upon a claim or
administrator or other representative of
a deceased person, or against a person of
demand against the estate of such deceased
unsound mind, upon a claim or demand person or against such person of unsound
against the estate of such deceased mind, where a party or assignor of a party or
person or against such person of unsound a person in whose behalf a case is prosecuted
mind, cannot testify as to any matter of testifies on a matter of fact occurring before
fact occurring before the death of such the death of the deceased person or before
deceased person or before such person the person became of unsound mind, any
became of unsound mind. (20a) 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 indicating its lack of
trustworthiness. (23a)
Rule 130
Section 38. Declaration against interest. – Section 40. Declaration against interest. –
The declaration made by a person deceased, The declaration made by a person deceased
or unable to testify, against the interest of the or unable to testify against the interest of
declarant, if the fact asserted in the declaration the declarant, if the fact asserted in the
was at the time it was made so far contrary declaration was at the time it was made so far
to declarant’s own interest, that a reasonable contrary to the declarant’s own interest that a
man in his position would not have made the reasonable person in his or her position would
declaration unless he believed it to be true, not have made the declaration unless he or
may be received in evidence against himself she believed it to be true, may be received
or his successors in interest and against third in evidence against himself or herself or his
persons. (32a) 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. (38a)
Section 39. Act or declaration about pedigree. Section 41. Act or declaration about pedigree.
– The act or declaration of a person deceased, – The act or declaration of a person deceased
or unable to testify, in respect to the pedigree or unable to testify, in respect to the pedigree
of another person related to him by birth of another person related to him or her
or marriage, may be received in evidence by birth[,] adoption, or marriage or, in the
where it occurred before the controversy, absence thereof, with whose family he or she
and the relationship between the two [(2)] was so intimately associated as to be likely
persons is shown by evidence other than to have accurate information concerning his
such act or declaration. The word “pedigree” or her pedigree, may be received in evidence
includes relationship, family genealogy, where it occurred before the controversy,
birth, marriage, death, the dates when and the and the relationship between the two [(2)]
places where these facts occurred, and the persons is shown by evidence other than
names of the relatives. It embraces also facts such act or declaration. The word “pedigree”
of family history intimately connected with includes relationship, family genealogy,
pedigree. (33a) 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. (39a)
Rule 130
Section 40. Family reputation or tradition Section 42. Family reputation or tradition
regarding pedigree. – The reputation or regarding pedigree. – The reputation or
tradition existing in a family previous to tradition existing in a family previous to
the controversy, in respect to the pedigree the controversy, in respect to the pedigree
of any one of its members, may be received of any one of its members, may be received
in evidence if the witness testifying thereon in evidence if the witness testifying thereon
be also a member of the family, either by be also a member of the family, either by
consanguinity or affinity. Entries in family consanguinity[,] affinity, or adoption. Entries
bibles or other family books or charts, in family bibles or other family books or
engravings on rings, family portraits and charts, engraving on rings, family portraits
the like, may be received as evidence of and the like, may be received as evidence of
pedigree. (34a) pedigree. (40a)
Section 41. Common reputation. – Common Section 43. Common reputation. – Common
reputation existing previous to the reputation existing previous to the
controversy, respecting facts of public or controversy, as to boundaries of or customs
general interest more than thirty [(30)] years affecting lands in the community and
old, or respecting marriage or moral character, reputation as to events of general history
may be given in evidence. Monuments and important to the community, or respecting
inscriptions in public places may be received marriage or moral character, may be given
as evidence of common reputation. (35) in evidence. Monuments and inscriptions in
public places may be received as evidence of
common reputation. (41a)
Section 42. Part of the res gestae. – Section 44. Part of the res gestae. –
Statements made by a person while a startling Statements made by a person while a startling
occurrence is taking place or immediately occurrence is taking place or immediately
prior or subsequent thereto with respect to prior or subsequent thereto[,] under the stress
the circumstances thereof, may be given in of excitement caused by the occurrence with
evidence as part of the res gestae. So, also, respect to the circumstances thereof, may be
statements accompanying an equivocal act given in evidence as part of the res gestae. So,
material to the issue, and giving it a legal also, statements accompanying an equivocal
significance, may be received as part of the act material to the issue, and giving it a legal
res gestae. (36a) significance, may be received as part of the
res gestae. (42a)
Rule 130
Section 43. Entries in the course of business. Section 45. Records of regularly conducted
– Entries made at, or near the time of the business activity. – A memorandum, report,
transactions to which they refer, by a person record or data compilation of acts, events,
deceased, or unable to testify, who was in a conditions, opinions, or diagnoses, made by
position to know the facts therein stated, may writing, typing, electronic, optical or other
be received as prima facie evidence, if such similar means at or near the time of or from
person made the entries in his professional transmission or supply of information by a
capacity or in the performance of duty and in person with knowledge thereof, and kept in
the ordinary or regular course of business or the regular course or conduct of a business
duty. (37a) 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
or hearsay evidence. (43a)
Section 44. Entries in official records. – Section 46. Entries in official records. –
Entries in official records made in the Entries in official records made in the
performance of his duty by a public officer performance of his or her duty by a public
of the Philippines, or by a person in the officer of the Philippines, or by a person in
performance of a duty specially enjoined the performance of a duty specially enjoined
by law, are prima facie evidence of the facts by law, are prima facie evidence of the facts
therein stated. (38) therein stated. (44a)
Section 45. Commercial lists and the like. Section 47. Commercial lists and the like.
– Evidence of statements of matters of – Evidence of statements of matters of
interest to persons engaged in an occupation interest to persons engaged in an occupation
contained in a list, register, periodical, or contained in a list, register, periodical, or
other published compilation is admissible other published compilation is admissible
as tending to prove the truth of any relevant as tending to prove the truth of any relevant
matter so stated if that compilation is matter so stated if that compilation is
published for use by persons engaged in that published for use by persons engaged in that
occupation and is generally used and relied occupation and is generally used and relied
upon by them therein. (39) upon by them therein. (45)
Rule 130
Section 46. Learned treatises. – A published Section 48. Learned treatises. – A published
treatise, periodical or pamphlet on a subject of treatise, periodical or pamphlet on a subject
history, law, science or art is admissible as tending of history, law, science, or art is admissible
to prove the truth of a matter stated therein if the as tending to prove the truth of a matter stated
court takes judicial notice, or a witness expert therein if the court takes judicial notice, or a
in the subject testifies, that the writer of the witness expert in the subject testifies, that the
statement in the treatise, periodical or pamphlet is writer of the statement in the treatise, periodical
recognized in his profession or calling as expert or pamphlet is recognized in his or her profession
in the subject. (40a) or calling as expert in the subject. (46a)
Section 47. Testimony or deposition at a former Section 49. Testimony or deposition at a former
proceeding. – The testimony or deposition of proceeding. – The testimony or deposition of
a witness deceased or unable to testify, given a witness deceased or out of the Philippines or
in a former case or proceeding, judicial or who cannot, with due diligence, be found therein,
administrative, involving the same parties and or is unavailable or otherwise unable to testify,
subject matter, may be given in evidence against given in a former case or proceeding, judicial or
the adverse party who had the opportunity to administrative, involving the same parties and
cross-examine him. (41a) subject matter, may be given in evidence against
the adverse party who had the opportunity to
cross-examine him or her. (47a)
No counterpart provision. Section 50. Residual exception. – A statement

not specifically covered by any of the foregoing
exceptions, having equivalent circumstantial
guarantees of trustworthiness, is admissible if the
court determines that (a) the statement is offered
as evidence of a material fact; (b) the statement is
more probative on the point for which it is offered
than any other evidence which the proponent can
procure through reasonable efforts; and (c) the
general purposes of these [R]ules and the interests
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
declarant. (n)
Rule 130
7. Opinion Rule
Section 48. General rule. – The opinion of a Section 51. General rule. – The opinion of a
witness is not admissible, except as indicated witness is not admissible, except as indicated
in the following sections. (42) in the following sections. (48)
Section 49. Opinion of expert witness. – The Section 52. Opinion of expert witness. – The
opinion of a witness on a matter requiring opinion of a witness on a matter requiring
special knowledge, skill, experience or special knowledge, skill, experience, training
training which he is shown to possess, may or education, which he or she is shown to
be received in evidence. (43a) possess, may be received in evidence. (49a)
Section 50. Opinion of ordinary witnesses. Section 53. Opinion of ordinary witnesses.
– The opinion of a witness for which proper – The opinion of a witness, for which proper
basis is given, may be received in evidence basis is given, may be received in evidence
regarding – regarding –
(a) the identity of a person about whom he (a) [T]he identity of a person about whom he
has adequate knowledge; or she has adequate knowledge;
(b) A handwriting with which he has (b) A handwriting with which he or she has
sufficient familiarity; and sufficient familiarity; and
(c) The mental sanity of a person with whom (c) The mental sanity of a person with whom
he is sufficiently acquainted. he or she is sufficiently acquainted.
The witness may also testify on his The witness may also testify on his or
impressions of the emotion, behavior, her impressions of the emotion, behavior,
condition or appearance of a person. (44a) condition or appearance of a person. (50a)
Rule 130
8. Character Evidence
Section 51. Character evidence not generally Section 54. Character evidence not generally admissible;
admissible; exceptions: – exceptions. – Evidence of a person’s character or a trait
of character is not admissible for the purpose of proving
(a) In Criminal Cases: action in conformity therewith on a particular occasion,
except:
(1) The accused may prove his good
moral character which is pertinent to (a) In Criminal Cases:
the moral trait involved in the offense
charged. (1) The character of the offended party may be proved
if it tends to establish in any reasonable degree
(2) Unless in rebuttal, the prosecution the probability or improbability of the offense
may not prove his bad moral charged.
character which is pertinent to the
moral trait involved in the offense (2) The accused may prove his or her good moral
charged. character[,] pertinent to the moral trait involved
in the offense charged. However, the prosecution
(3) The good or bad moral character may not prove his or her bad moral character
of the offended party may be unless on rebuttal.
proved if it tends to establish in any
reasonable degree the probability or (b) In Civil Cases:
improbability of the offense charged.
Evidence of the moral character of a party in a civil
(b) In Civil Cases: case is admissible only when pertinent to the issue of
character involved in the case.
Evidence of the moral character of a
party in a civil case is admissible only (c) In Criminal and Civil Cases:
when pertinent to the issue of character
involved in the case. Evidence of the good character of a witness is not
admissible until such character has been impeached.
(c) In the case provided for in Rule 132,
Section 14. (46a, 47a) 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 specific 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. (51a; 14, Rule 132)
Rule 131
RULE 131
BURDEN OF PROOF, BURDEN OF EVIDENCE AND PRESUMPTIONS
Section 1. Burden of proof. – Burden of proof Section 1. Burden of proof and burden of
is the duty of a party to present evidence on the evidence. – Burden of proof is the duty of a
facts in issue necessary to establish his claim or party to present evidence on the facts in issue
defense by the amount of evidence required by necessary to establish his or her claim or
law. (1a, 2a) 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 sufficient to establish or rebut
a fact in issue to establish a prima facie case.
Burden of evidence may shift from one party
to the other in the course of the proceedings,
depending on the exigencies of the case. (1a)
Section 2. Conclusive presumptions. – The Section 2. Conclusive presumptions. – The

following are instances of conclusive following are instances of conclusive
presumptions: presumptions:
(a) Whenever a party has, by his own (a) Whenever a party has, by his or her own
declaration, act, or omission, intentionally declaration, act, or omission, intentionally
and deliberately led another to believe a and deliberately led another to believe a
particular thing true, and to act upon such particular thing true, and to act upon such
belief, he cannot, in any litigation arising belief, he or she cannot, in any litigation
out of such declaration, act or omission, be arising out of such declaration, act or
permitted to falsify it; omission, be permitted to falsify it; and
(b) The tenant is not permitted to deny the (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 time of the
commencement of the relation of landlord commencement of the relation of landlord
and tenant between them. (3a) and tenant between them. (2a)
Rule 131
Section 3. Disputable presumptions. – The Section 3. Disputable presumptions. – The

following presumptions are satisfactory if following presumptions are satisfactory if
uncontradicted, but may be contradicted and uncontradicted, but may be contradicted and
overcome by other evidence: overcome by other evidence:
(a) That a person is innocent of crime or wrong; (a) That a person is innocent of crime or wrong;
(b) That an unlawful act was done with an (b) That an unlawful act was done with an
unlawful intent; 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 (d) That a person takes ordinary care of his or her
concerns; concerns;
(e) That evidence willfully suppressed would be (e) That evidence willfully suppressed would be
adverse if produced; adverse if produced;
(f) That money paid by one to another was due (f) That money paid by one to another was due
to the latter; to the latter;
(g) That a thing delivered by one to another (g) That a thing delivered by one to another
belonged to the latter; belonged to the latter;
(h) That an obligation delivered up to the debtor (h) That an obligation delivered up to the debtor
has been paid; has been paid;
(i) That prior rents or installments had been paid (i) That prior rents or installments had been paid
when a receipt for the later ones is produced; when a receipt for the later one is produced;
(j) That a person found in possession of a thing (j) That a person found in possession of a thing
taken in the doing of a recent wrongful taken in the doing of a recent wrongful
act is the taker and the doer of the whole act is the taker and the doer of the whole
act; otherwise, that things which a person act; otherwise, that things which a person
possesses, or exercises acts of ownership possesses, or exercises acts of ownership
over, are owned by him; over, are owned by him or her;
(k) That a person in possession of an order on (k) That a person in possession of an order on
himself for the payment of the money, or the himself or herself for the payment of the
delivery of anything, has paid the money or money, or the delivery of anything, has paid
delivered the thing accordingly; the money or delivered the thing accordingly;
Rule 131
Continued from Section 3. Disputable presumptions. Continued from Section 3. Disputable presumptions.
(l) That a person acting in a public office was (l) That a person acting in a public office was
regularly appointed or elected to it; regularly appointed or elected to it;
(m) That official duty has been regularly (m) That official duty has been regularly
performed; performed;
(n) That a court, or judge acting as such, whether (n) That a court, or judge acting as such, whether
in the Philippines or elsewhere, was acting in in the Philippines or elsewhere, was acting in
the lawful exercise of jurisdiction; the lawful exercise of jurisdiction;
(o) That all the matters within an issue raised in (o) That all the matters within an issue raised in
a case were laid before the court and passed a case were laid before the court and passed
upon by it; and in like manner that all matters upon by it; and in like manner that all matters
within an issue raised in a dispute submitted within an issue raised in a dispute submitted
for arbitration were laid before the arbitrators for arbitration were laid before the arbitrators
and passed upon by them; and passed upon by them;
(p) That private transactions have been fair and (p) That private transactions have been fair and
regular; regular;
(q) That the ordinary course of business has been (q) That the ordinary course of business has been
followed; followed;
(r) That there was a sufficient consideration for a (r) That there was a sufficient consideration for
contract; a contract;
(s) That a negotiable instrument was given or (s) That a negotiable instrument was given or
indorsed for a sufficient consideration; indorsed for a sufficient consideration;
(t) That an indorsement of a negotiable (t) That an indorsement of a negotiable

instrument was made before the instrument instrument was made before the instrument
was overdue and at the place where the was overdue and at the place where the
instrument is dated; instrument is dated;
(u) That a writing is truly dated; (u) That a writing is truly dated;
(v) That a letter duly directed and mailed was (v) That a letter duly directed and mailed was
received in the regular course of the mail; received in the regular course of the mail;
(w) That after an absence of seven [(7)] years, it (w) That after an absence of seven [(7)] years, it
being unknown whether or not the absentee being unknown whether or not the absentee
still lives, he is considered dead for all still lives, he or she is considered dead for all
purposes, except for those of succession. purposes, except for those of succession.
Rule 131
The absentee shall not be considered dead for the The absentee shall not be considered dead for
purpose of opening his succession till after an the purpose of opening his or her succession
absence of ten [(10)] years. If he disappeared after until after an absence of ten [(10)] years. If he
the age of seventy-five [(75)] years, an absence of or she disappeared after the age of seventy-five
five [(5)] years shall be sufficient in order that his [(75)] years, an absence of five [(5)] years shall
succession may be opened. be sufficient in order that his or her succession
may be opened.
The following shall be considered dead for all The following shall be considered dead for all
purposes including the division of the estate purposes including the division of the estate
among the heirs: among the heirs:
(1) A person on board a vessel lost during (1) A person on board a vessel lost during a
a sea voyage, or an aircraft which is sea voyage, or an aircraft which is missing,
missing, who has not been heard of for who has not been heard of for four [(4)]
four [(4)] years since the loss of the vessel years since the loss of the vessel or aircraft;
or aircraft;
(2) A member of the armed forces who has (2) A member of the armed forces who has
taken part in armed hostilities, and has taken part in armed hostilities, and has
been missing for four [(4)] years; been missing for four [(4)] years;
(3) A person who has been in danger of death (3) A person who has been in danger of death
under other circumstances and whose under other circumstances and whose
existence has not been known for four existence has not been known for four [(4)]
[(4)] years; years; and
(4) If a married person has been absent for four (4) If a married person has been absent for four
[(4)] consecutive years, the spouse present [(4)] consecutive years, the spouse present
may contract a subsequent marriage if he may contract a subsequent marriage if
or she has a well-founded belief that the he or she has well-founded belief that
absent spouse is already dead. In case of the absent spouse is already dead. In
disappearance, where there is danger of case of disappearance, where there is a
death under the circumstances hereinabove danger of death[, under] the circumstances
provided, an absence of only two [(2)] hereinabove provided, an absence of only
years shall be sufficient for the purpose two [(2)] years shall be sufficient for
of contracting a subsequent marriage. the purpose of contracting a subsequent
However, in any case, before marrying marriage. However, in any case, before
again, the spouse present must institute marrying again, the spouse present must
a summary proceeding as provided in institute summary proceeding[s] as
the Family Code and in the rules for a provided in the Family Code and in the rules
declaration of presumptive death of the for declaration of presumptive death of the
absentee, without prejudice to the effect absentee, without prejudice to the effect of
of reappearance of the absent spouse. reappearance of the absent spouse[;]
Rule 131
(x) That acquiescence resulted from a (x) That acquiescence resulted from a
belief that the thing acquiesced in was belief that the thing acquiesced in was
conformable to the law or fact; conformable to the law or fact;
(y) That things have happened according (y) That things have happened according to
to the ordinary course of nature and the the ordinary course of nature and ordinary
ordinary habits of life; nature habits of life;
(z) That persons acting as copartners have (z) That persons acting as copartners have
entered into a contract of copartnership; entered into a contract of copartnership;
(aa) That a man and woman deporting (aa) That a man and woman deporting
themselves as husband and wife have themselves as husband and wife have
entered into a lawful contract of marriage; entered into a lawful contract of marriage;
(bb) That property acquired by a man and a (bb) That property acquired by a man and a
woman who are capacitated to marry woman who are capacitated to marry
each other and who live exclusively with each other and who live exclusively with
each other as husband and wife without each other as husband and wife[,] without
the benefit of marriage or under a void the benefit of marriage or under a void
marriage, has been obtained by their joint marriage, has been obtained by their joint
efforts, work or industry. efforts, work or industry[;]
(cc) That in cases of cohabitation by a man and (cc) That in cases of cohabitation by a man and
a woman who are not capacitated to marry a woman who are not capacitated to marry
each other and who have acquired property each other and who have acquired property
through their actual joint contribution through their actual joint contribution
of money, property or industry, such of money, property or industry, such
contributions and their corresponding contributions and their corresponding
shares including joint deposits of money shares[,] including joint deposits of money
and evidences of credit are equal. and evidences of credit[,] are equal[;]
(dd) That if the marriage is terminated and (dd) That if the marriage is terminated and
the mother contracted another marriage the mother contracted another marriage
within three hundred [(300)] days after within three hundred [(300)] days after
such termination of the former marriage, such termination of the former marriage,
these rules shall govern in the absence of these rules shall govern in the absence of
proof to the contrary: proof to the contrary:
Rule 131
(1) A child born before one hundred eighty (1) A child born before one hundred eighty
[(180)] days after the solemnization of (180) days after the solemnization of
the subsequent marriage is considered the subsequent marriage is considered
to have been conceived during the to have been conceived during [the
former marriage, provided it be born former] marriage, [provided] it be
within three hundred [(300)] days born within the three hundred [(300)]
after the termination of the former days after the termination of the
marriage; former marriage; and
(2) A child born after one hundred eighty (2) A child born after one hundred eighty
[(180)] days following the celebration (180) days following the celebration
of the subsequent marriage is of the subsequent marriage is
considered to have been conceived considered to have been conceived
during such marriage, even though during such marriage, even though
it be born within the three hundred it be born within the three hundred
[(300)] days after the termination of [(300)] days after the termination of
the former marriage. the former marriage[;]
(ee) That a thing once proved to exist continues (ee) That a thing once proved to exist continues
as long as is usual with things of that as long as is usual with things of that
nature; nature;
(ff) That the law has been obeyed; (ff) That the law has been obeyed;
(gg) That a printed or published book, (gg) That a printed or published book,
purporting to be printed or published purporting to be printed or published
by public authority, was so printed or by public authority, was so printed or
published; published;
(hh) That a printed or published book, (hh) That a printed or published book,
purporting to contain reports of cases purporting to contain reports of cases
adjudged in tribunals of the country where adjudged in tribunals of the country where
the book is published, contains correct the book is published, contains correct
reports of such cases; reports of such cases;
(ii) That a trustee or other person whose duty it (ii) That a trustee or other person whose duty it
was to convey real property to a particular was to convey real property to a particular
person has actually conveyed it to him person has actually conveyed it to him or
when such presumption is necessary to her when such presumption is necessary
perfect the title of such person or his to perfect the title of such person or his or
successor in interest; her successor in interest;
Rule 131
(jj) That except for purposes of succession, (jj) That except for purposes of succession,
when two [(2)] persons perish in the when two [(2)] persons perish in the
same calamity, such as wreck, battle, or same calamity, such as wreck, battle, or
conflagration, and it is not shown who conflagration, and it is not shown who
died first, and there are no particular died first, and there are no particular
circumstances from which it can be circumstances from which it can be
inferred, the survivorship is determined inferred, the survivorship is determined
from the probabilities resulting from the from the probabilities resulting from
strength and age of the sexes, according to the strength and the age of the sexes,
the following rules: according to the following rules:
1. If both were under the age of fifteen 1. If both were under the age of fifteen
[(15)] years, the older is deemed to [(15)] years, the older is deemed to
have survived; have survived;
2. If both were above the age of sixty 2. If both were above the age of sixty
[(60)], the younger is deemed to have [(60)], the younger is deemed to have
survived; survived;
3. If one is under fifteen [(15)] and the 3. If one is under fifteen [(15)] and the
other above sixty [(60)], the former is other above sixty [(60)], the former is
deemed to have survived; deemed to have survived;
4. If both be over fifteen [(15)] and under 4. If both be over fifteen [(15)] and under
sixty [(60)], and the sex be different, sixty [(60)], and the sex be different,
the male is deemed to have survived; the male is deemed to have survived,
if the sex be the same, the older; if the sex be the same, the older; and
5. If one be under fifteen [(15)] or over 5. If one be under fifteen [(15)] or over
sixty [(60)], and the other between sixty [(60)], and the other between
those ages, the latter is deemed to those ages, the latter is deemed to
have survived. have survived;
(kk) That if there is a doubt, as between two (kk) That if there is a doubt, as between two
[(2)] or more persons who are called to [(2)] or more persons who are called to
succeed each other, as to which of them succeed each other, as to which of them
died first, whoever alleges the death of died first, whoever alleges the death of
one prior to the other, shall prove the one prior to the other, shall prove the
same; in the absence of proof, they shall same; in the absence of proof, they shall
be considered to have died at the same be considered to have died at the same
time. (5a) time. (3a)
Rule 131
Section 4. No presumption of legitimacy or Section 4. No presumption of legitimacy or

illegitimacy. – There is no presumption of illegitimacy. – There is no presumption of
legitimacy or illegitimacy of a child born legitimacy or illegitimacy of a child born
after three hundred [(300)] days following the after three hundred [(300)] days following the
dissolution of the marriage or the separation of dissolution of the marriage or the separation of
the spouses. Whoever alleges the legitimacy the spouses. Whoever alleges the legitimacy or
or illegitimacy of such child must prove his illegitimacy of such child must prove his or her
allegation. (6) allegation. (4a)
No counterpart provision. Section 5. Presumptions in civil actions and

proceedings. – In all civil actions and
proceedings not otherwise provided for by the
law or these Rules, a presumption imposes on
the party against whom it is directed the burden
of going forward with evidence to rebut or meet
the presumption.
If presumptions are inconsistent, the

presumption that is founded upon weightier
considerations of policy shall apply. If
considerations of policy are of equal weight,
neither presumption applies. (n)
No counterpart provision. Section 6. Presumption against an accused

in criminal cases. – If a presumed fact that
establishes guilt, is an element of the offense
charged, or negates a defense, the existence of
the basic fact must be proved beyond reasonable
doubt and the presumed fact follows from the
basic fact beyond reasonable doubt. (n)
Rule 132
RULE 132
PRESENTATION OF EVIDENCE
A. EXAMINATION OF WITNESSES
Section 1. Examination to be done in open Section 1. Examination to be done in open

court. – The examination of witnesses court. – The examination of witnesses
presented in a trial or hearing shall be done presented in a trial or hearing shall be done
in open court, and under oath or affirmation. in open court, and under oath or affirmation.
Unless the witness is incapacitated to speak, Unless the witness is incapacitated to speak,
or the question calls for a different mode of or the question calls for a different mode of
answer, the answers of the witness shall be answer, the answers of the witness shall be
given orally. (1a) given orally. (1)
Section 2. Proceedings to be recorded. – Section 2. Proceedings to be recorded. –

The entire proceedings of a trial or hearing, The entire proceedings of a trial or hearing,
including the questions propounded to including the questions propounded to a
a witness and his answers thereto, the witness and his or her answers thereto, the
statements made by the judge or any of the statements made by the judge or any of the
parties, counsel, or witnesses with reference parties, counsel, or witnesses with reference
to the case, shall be recorded by means of to the case, shall be recorded by means of
shorthand or stenotype or by other means of shorthand or stenotype or by other means of
recording found suitable by the court. recording found suitable by the court.
A transcript of the record of the proceedings A transcript of the record of the proceedings
made by the official stenographer, stenotypist made by the official stenographer, stenotypist
or recorder and certified as correct by him or recorder and certified as correct by him or
shall be deemed prima facie a correct her, shall be deemed prima facie a correct
statement of such proceedings. (2a) statement of such proceedings. (2a)
Rule 132
Section 3. Rights and obligations of a witness. Section 3. Rights and obligations of a witness.
– A witness must answer questions, although – A witness must answer questions, although
his answer may tend to establish a claim his or her answer may tend to establish a
against him. However, it is the right of a claim against him or her. However, it is the
witness: right of a witness:
(1) To be protected from irrelevant, improper, (1) To be protected from irrelevant, improper,
or insulting questions, and from harsh or or insulting questions, and from harsh or
insulting demeanor; insulting demeanor;
(2) Not to be detained longer than the (2) Not to be detained longer than the
interests of justice require; interests of justice require;
(3) Not to be examined except only as to (3) Not to be examined except only as to
matters pertinent to the issue; matters pertinent to the issue;
(4) Not to give an answer which will tend to (4) Not to give an answer which will tend
subject him to a penalty for an offense to subject him or her to a penalty for an
unless otherwise provided by law; or offense unless otherwise provided by
law; or
(5) Not to give an answer which will tend (5) Not to give an answer which will tend
to degrade his reputation, unless it be to degrade his or her reputation, unless
to the very fact at issue or to a fact it be to the very fact at issue or to a fact
from which the fact in issue would be from which the fact in issue would be
presumed. But a witness must answer to presumed. But a witness must answer
the fact of his previous final conviction to the fact of his or her previous final
for an offense. (3a, 19a) conviction for an offense. (3a)
Section 4. Order in the examination of an Section 4. Order in the examination of an

individual witness. – The order in which an individual witness. – The order in which an
individual witness may be examined is as individual witness may be examined is as
follows: follows:
(a) Direct examination by the proponent; (a) Direct examination by the proponent;
(b) Cross-examination by the opponent; (b) Cross-examination by the opponent;
(c) Re-direct examination by the proponent; (c) Re-direct examination by the proponent;
(d) Re-cross-examination by the opponent. (4) (d) Re-cross[-]examination by the opponent. (4)
Rule 132
Section 5. Direct examination. – Direct Section 5. Direct examination. – Direct

examination is the examination-in-chief of a examination is the examination-in-chief of a
witness by the party presenting him on the witness by the party presenting him or her on
facts relevant to the issue. (5a) the facts relevant to the issue. (5a)
Section 6. Cross-examination; its purpose Section 6. Cross-examination; its purpose

and extent. – Upon the termination of the and extent. – Upon the termination of the
direct examination, the witness may be direct examination, the witness may be
cross-examined by the adverse party as to cross-examined by the adverse party on
any matters stated in the direct examination, any relevant matter, with sufficient fullness
or connected therewith, with sufficient and freedom to test his or her accuracy and
fullness and freedom to test his accuracy and truthfulness and freedom from interest or
truthfulness and freedom from interest or bias, or the reverse, and to elicit all important
bias, or the reverse, and to elicit all important facts bearing upon the issue. (6a)
facts bearing upon the issue. (8a)
Section 7. Re-direct examination; its purpose Section 7. Re-direct examination; its purpose
and extent. – After the cross-examination and extent. – After the cross-examination of
of the witness has been concluded, he may the witness has been concluded, he or she
be re-examined by the party calling him, to may be re-examined by the party calling him
explain or supplement his answers given or her to explain or supplement his or her
during the cross-examination. On re-direct answers given during the cross-examination.
examination, questions on matters not dealt On re-direct examination, questions on
with during the cross-examination, may be matters not dealt with during the cross-
allowed by the court in its discretion. (12) examination may be allowed by the court in
its discretion. (7a)
Section 8. Re-cross-examination. – Upon Section 8. Re-cross[-]examination. – Upon

the conclusion of the re-direct examination, the conclusion of the re-direct examination,
the adverse party may re-cross-examine the adverse party may re-cross-examine
the witness on matters stated in his the witness on matters stated in his or her
re-direct examination, and also on such other re-direct examination, and also on such other
matters as may be allowed by the court in its matters as may be allowed by the court in its
discretion. (13) discretion. (8a)
Rule 132
Section 9. Recalling witness. – After the Section 9. Recalling witness. – After the
examination of a witness by both sides examination of a witness by both sides
has been concluded, the witness cannot be has been concluded, the witness cannot be
recalled without leave of the court. The court recalled without leave of the court. The court
will grant or withhold leave in its discretion, will grant or withhold leave in its discretion,
as the interests of justice may require. (14) as the interests of justice may require. (9)
Section 10. Leading and misleading Section 10. Leading and misleading
questions. – A question which suggests to questions. – A question which suggests to
the witness the answer which the examining the witness the answer which the examining
party desires is a leading question. It is not party desires is a leading question. It is not
allowed, except: allowed, except:
(a) On cross-examination; (a) On cross-examination;
(b) On preliminary matters; (b) On preliminary matters;
(c) When there is difficulty in getting direct (c) When there is difficulty in getting direct
and intelligible answers from a witness and intelligible answers from a witness
who is ignorant, or a child of tender years, who is ignorant, a child of tender years,
or is of feeble mind, or a deaf-mute; is of feeble mind, or a deaf-mute;
(d) Of an unwilling or hostile witness; or (d) Of an unwilling or hostile witness; or
(e) Of a witness who is an adverse party or (e) Of a witness who is an adverse party or
an officer, director, or managing agent an officer, director, or managing agent of
of a public or private corporation or of a public or private corporation[,] or of
a partnership or association which is an a partnership or association which is an
adverse party. adverse party.
A misleading question is one which assumes A misleading question is one which assumes
as true a fact not yet testified to by the witness, as true a fact not yet testified to by the
or contrary to that which he has previously witness, or contrary to that which he or she
stated. It is not allowed. (5a, 6a, and 8a) has previously stated. It is not allowed. (10a)
Rule 132
Section 11. Impeachment of adverse party’s Section 11. Impeachment of adverse party’s
witness. – A witness may be impeached by witness. – A witness may be impeached by the
the party against whom he was called, by party against whom he or she was called, by
contradictory evidence, by evidence that contradictory evidence, by evidence that his
his general reputation for truth, honesty, or or her general reputation for truth, honesty,
integrity is bad, or by evidence that he has or integrity is bad, or by evidence that he
made at other times statements inconsistent or she has made at other times statements
with his present testimony, but not by inconsistent with his or her present testimony,
evidence of particular wrongful acts, except but not by evidence of particular wrongful
that it may be shown by the examination of acts, except that it may be shown by the
the witness, or the record of the judgment, examination of the witness, or record of the
that he has been convicted of an offense. (15) judgment, that he or she has been convicted
of an offense. (11a)
No counterpart provision. Section 12. Impeachment by evidence of

conviction of crime. – For the purpose of
impeaching a witness, evidence that he or
she has been convicted by final judgment
of a crime shall be admitted if (a) the crime
was punishable by a penalty in excess of one
[(1)] year; or (b) the crime involved moral
turpitude, regardless of the penalty.
However, evidence of a conviction is not

admissible if the conviction has been the
subject of an amnesty or annulment of the
conviction. (n)
Rule 132
Section 12. Party may not impeach his own Section 13. Party may not impeach his or
witness. – Except with respect to witnesses her own witness. – Except with respect to
referred to in paragraphs (d) and (e) of witnesses referred to in paragraphs (d) and
Section 10, the party producing a witness is (e) of Section 10 of this Rule, the party
not allowed to impeach his credibility. presenting the witness is not allowed to
impeach his or her credibility.
A witness may be considered as unwilling or A witness may be considered as unwilling

hostile only if so declared by the court upon or hostile only if so declared by the court
adequate showing of his adverse interest, upon adequate showing of his or her adverse
unjustified reluctance to testify, or his having interest, unjustified reluctance to testify, or
misled the party into calling him to the his or her having misled the party into calling
witness stand. him or her to the witness stand.
The unwilling or hostile witness so declared, The unwilling or hostile witness so declared,
or the witness who is an adverse party, may or the witness who is an adverse party, may be
be impeached by the party presenting him in impeached by the party presenting him or her
all respects as if he had been called by the in all respects as if he or she had been called
adverse party, except by evidence of his bad by the adverse party, except by evidence of
character. He may also be impeached and his or her bad character. He or she may also
cross-examined by the adverse party, but such be impeached and cross-examined by the
cross-examination must only be on the subject adverse party, but such cross-examination
matter of his examination-in-chief. (6a, 7a) must only be on the subject matter of his or
her examination-in-chief. (12a)
Section 13. How witness impeached by Section 14. How witness impeached by
evidence of inconsistent statements. – Before evidence of inconsistent statements. – Before
a witness can be impeached by evidence a witness can be impeached by evidence that
that he has made at other times statements he or she has made at other times statements
inconsistent with his present testimony, the inconsistent with his or her present testimony,
statements must be related to him, with the the statements must be related to him or her,
circumstances of the times and places and with the circumstances of the times and
the persons present, and he must be asked places and the persons present, and he or she
whether he made such statements, and if so, must be asked whether he or she made such
allowed to explain them. If the statements be statements, and if so, allowed to explain them.
in writing they must be shown to the witness If the statements be in writing[,] they must be
before any question is put to him concerning shown to the witness before any question is
them. (16) put to him or her concerning them. (13a)
Rule 132
Section 14. Evidence of good character of [Section 14. Evidence of good character
witness. – Evidence of the good character of a of witness. – (Incorporated in Section 54,
witness is not admissible until such character Rule 130)]
has been impeached. (17)
Section 15. Exclusion and separation of Section 15. Exclusion and separation of
witnesses. – On any trial or hearing, the judge witnesses. – The court, motu proprio or
may exclude from the court any witness not upon motion, shall order witnesses excluded
at the time under examination, so that he may so that they cannot hear the testimony of
not hear the testimony of other witnesses. other witnesses. This rule does not authorize
The judge may also cause witnesses to be exclusion of (a) a party who is a natural
kept separate and to be prevented from person, (b) a duly designated representative
conversing with one another until all shall of a juridical entity which is a party to the
have been examined. (18) case, (c) a person whose presence is essential
to the presentation of the party’s cause, or (d)
a person authorized by a statute to be present.
The court may also cause witnesses to be

kept separate and to be prevented from
conversing with one another, directly or
through intermediaries, until all shall have
been examined. (15a)
Rule 132
Section 16. When witness may refer to Section 16. When witness may refer to
memorandum. – A witness may be allowed memorandum. – A witness may be allowed
to refresh his memory respecting a fact, by to refresh his or her memory respecting a fact
anything written or recorded by himself by anything written or recorded by himself or
or under his direction at the time when the herself, or under his or her direction[,] at the
fact occurred, or immediately thereafter, or time when the fact occurred, or immediately
at any other time when the fact was fresh in thereafter, or at any other time when the fact
his memory and he knew that the same was was fresh in his or her memory and he or she
correctly written or recorded; but in such case knew that the same was correctly written
the writing or record must be produced and or recorded; but in such case[,] the writing
may be inspected by the adverse party, who or record must be produced and may be
may, if he chooses, cross-examine the witness inspected by the adverse party, who may, if
upon it, and may read it in evidence. So, also, he or she chooses, cross-examine the witness
a witness may testify from such a writing upon it and may read it in evidence. A witness
or record, though he retain no recollection may also testify from such a writing or record,
of the particular facts, if he is able to swear though he or she retains no recollection of the
that the writing or record correctly stated the particular facts, if he or she is able to swear
transaction when made; but such evidence that the writing or record correctly stated the
must be received with caution. (10a) transaction when made; but such evidence
must be received with caution. (16a)
Section 17. When part of transaction, Section 17. When part of transaction,
writing or record given in evidence, the writing or record given in evidence, the
remainder admissible. – When part of an remainder admissible. – When part of an
act, declaration, conversation, writing or act, declaration, conversation, writing or
record is given in evidence by one party, the record is given in evidence by one party, the
whole of the same subject may be inquired whole of the same subject may be inquired
into by the other, and when a detached act, into by the other, and when a detached act,
declaration, conversation, writing or record is declaration, conversation, writing or record is
given in evidence, any other act, declaration, given in evidence, any other act, declaration,
conversation, writing or record necessary conversation, writing or record necessary
to its understanding may also be given in to its understanding may also be given in
evidence. (11a) evidence. (17)
Section 18. Right to inspect writing shown Section 18. Right to inspect writing shown
to witness. – Whenever a writing is shown to to witness. – Whenever a writing is shown to
a witness, it may be inspected by the adverse a witness, it may be inspected by the adverse
party. (9a) party. (18)
Rule 132
B. AUTHENTICATION AND PROOF OF DOCUMENTS
Section 19. Classes of documents. – For the Section 19. Classes of documents. – For the
purpose of their presentation in evidence, purpose of their presentation in evidence,
documents are either public or private. documents are either public or private.
Public documents are: Public documents are:
(a) The written official acts, or records of the (a) The written official acts, or records of the
official acts of the sovereign authority, sovereign authority, official bodies and
official bodies and tribunals, and public tribunals, and public officers, whether of
officers, whether of the Philippines, or of the Philippines, or of a foreign country;
a foreign country;
(b) Documents acknowledged before a (b) Documents acknowledged before a

notary public except last wills and notary public except last wills and
testaments; and testaments;
(c) Public records, kept in the Philippines, of (c) Documents that are considered public
private documents required by law to be documents under treaties and conventions
entered therein. which are in force between the Philippines
and the country of source; and
(d) Public records, kept in the Philippines, of
private documents required by law to be
entered therein.
Rule 132
Section 20. Proof of private document. – Section 20. Proof of private document[s ]. –
Before any private document offered as Before any private document offered as
authentic is received in evidence, its due authentic is received in evidence, its due
execution and authenticity must be proved execution and authenticity must be proved
either: by any of the following means:
(a) By anyone who saw the document (a) By anyone who saw the document
executed or written; or executed or written;
(b) By evidence of the genuineness of the (b) By evidence of the genuineness of the
signature or handwriting of the maker. signature or handwriting of the maker[;] or
Any other private document need only (c) By other evidence showing its due
be identified as that which it is claimed to execution and authenticity.
be. (21a)
Any other private document need only
be identified as that which it is claimed to
be. (20)
Section 21. When evidence of authenticity of Section 21. When evidence of authenticity
private document not necessary. – Where a of private document not necessary. – Where
private document is more than thirty [(30)] a private document is more than thirty (30)
years old, is produced from a custody in years old, is produced from a custody in
which it would naturally be found if genuine, which it would naturally be found if genuine,
and is unblemished by any alterations or and is unblemished by any alterations or
circumstances of suspicion, no other evidence circumstances of suspicion, no other evidence
of its authenticity need be given. (22a) of its authenticity need be given. (21)
Rule 132
Section 22. How genuineness of handwriting Section 22. How genuineness of handwriting
proved. – The handwriting of a person may proved. – The handwriting of a person may
be proved by any witness who believes it to be proved by any witness who believes it to
be the handwriting of such person because he be the handwriting of such person because
has seen the person write, or has seen writing he or she has seen the person write, or has
purporting to be his upon which the witness has seen writing purporting to be his or hers
acted or been charged, and has thus acquired upon which the witness has acted or been
knowledge of the handwriting of such person. charged, and has thus acquired knowledge
Evidence respecting the handwriting may of the handwriting of such person. Evidence
also be given by a comparison, made by the respecting the handwriting may also be given
witness or the court, with writings admitted by a comparison, made by the witness or
or treated as genuine by the party against the court, with writings admitted or treated
whom the evidence is offered, or proved to be as genuine by the party against whom the
genuine to the satisfaction of the judge. (23a) evidence is offered, or proved to be genuine
to the satisfaction of the judge. (22)
Section 23. Public documents as evidence. Section 23. Public documents as evidence.
– Documents consisting of entries in public – Documents consisting of entries in public
records made in the performance of a duty records made in the performance of a duty
by a public officer are prima facie evidence by a public officer are prima facie evidence
of the facts therein stated. All other public of the facts therein stated. All other public
documents are evidence, even against a third documents are evidence, even against a third
person, of the fact which gave rise to their person, of the fact which gave rise to their
execution and of the date of the latter. (24a) execution and of the date of the latter. (23)
Rule 132
Section 24. Proof of official record. – The Section 24. Proof of official record. – The
record of public documents referred to in record of public documents referred to in
paragraph (a) of Section 19, when admissible paragraph (a) of Section 19, when admissible
for any purpose, may be evidenced by an for any purpose, may be evidenced by an
official publication thereof or by a copy official publication thereof or by a copy
attested by the officer having the legal attested by the officer having the legal
custody of the record, or by his deputy, and custody of the record, or by his or her deputy,
accompanied, if the record is not kept in and accompanied, if the record is not kept in
the Philippines, with a certificate that such the Philippines, with a certificate that such
officer has the custody. If the office in which officer has the custody.
the record is kept is in a foreign country,
the certificate may be made by a secretary If the office in which the record is kept is
of the embassy or legation, consul general, in a foreign country, which is a contracting
consul, vice consul, or consular agent or party to a treaty or convention to which the
by any officer in the foreign service of the Philippines is also a party, or considered
Philippines stationed in the foreign country a public document under such treaty or
in which the record is kept, and authenticated convention pursuant to paragraph (c) of
by the seal of his office. (25a) Section 19 hereof, the certificate or its
equivalent shall be in the form prescribed
by such treaty or convention subject to
reciprocity granted to public documents
originating from the Philippines.
For documents originating from a foreign

country which is not a contracting party
to a treaty or convention referred to in the
next preceding sentence, the certificate may
be made by a secretary of the embassy or
legation, consul general, consul, vice-consul,
or consular agent or by any officer in the
foreign service of the Philippines stationed
in the foreign country in which the record is
kept, and authenticated by the seal of his [or
her] office.
A document that is accompanied by a

certificate or its equivalent may be presented
in evidence without further proof, the
certificate or its equivalent being prima
facie evidence of the due execution and
genuineness of the document involved.
The certificate shall not be required when
a treaty or convention between a foreign
country and the Philippines has abolished the
requirement, or has exempted the document
itself from this formality. (24a)
Rule 132
Section 25. What attestation of copy must Section 25. What attestation of copy must
state. – Whenever a copy of a document or state. – Whenever a copy of a document or
record is attested for the purpose of evidence, record is attested for the purpose of evidence,
the attestation must state, in substance, that the attestation must state, in substance, that
the copy is a correct copy of the original, or a the copy is a correct copy of the original, or a
specific part thereof, as the case may be. The specific part thereof, as the case may be. The
attestation must be under the official seal of attestation must be under the official seal of
the attesting officer, if there be any, or if he be the attesting officer, if there be any, or if he
the clerk of a court having a seal, under the or she be the clerk of a court having a seal,
seal of such court. (26a) under the seal of such court. (25a)
Section 26. Irremovability of public record. Section 26. Irremovability of public record.
– Any public record, an official copy of – Any public record, an official copy of
which is admissible in evidence, must not which is admissible in evidence, must not
be removed from the office in which it is be removed from the office in which it is
kept, except upon order of a court where the kept, except upon order of a court where the
inspection of the record is essential to the just inspection of the record is essential to the just
determination of a pending case. (27a) determination of a pending case. (26)
Section 27. Public record of a private Section 27. Public record of a private
document. – An authorized public record of document. – An authorized public record of
a private document may be proved by the a private document may be proved by the
original record, or by a copy thereof, attested original record, or by a copy thereof, attested
by the legal custodian of the record, with an by the legal custodian of the record, with an
appropriate certificate that such officer has appropriate certificate that such officer has
the custody. (28a) the custody. (27)
Section 28. Proof of lack of record. – A Section 28. Proof of lack of record. – A
written statement signed by an officer having written statement signed by an officer having
the custody of an official record or by his the custody of an official record or by his
deputy that after diligent search no record or or her deputy that[,] after diligent search[,]
entry of a specified tenor is found to exist in no record or entry of a specified tenor is
the records of his office, accompanied by a found to exist in the records of his or her
certificate as above provided, is admissible as office, accompanied by a certificate as above
evidence that the records of his office contain provided, is admissible as evidence that the
no such record or entry. (29) records of his or her office contain no such
record or entry. (28a)
Rule 132
Section 29. How judicial record impeached. Section 29. How judicial record impeached.
– Any judicial record may be impeached by – Any judicial record may be impeached by
evidence of: (a) want of jurisdiction in the evidence of:
court or judicial officer, (b) collusion between
the parties, or (c) fraud in the party offering (a) want of jurisdiction in the court or
the record, in respect to the proceedings. (30a) judicial officer[;]
(b) collusion between the parties[;] or
(c) fraud in the party offering the record, in
respect to the proceedings. (29)
Section 30. Proof of notarial documents. Section 30. Proof of notarial documents.
– Every instrument duly acknowledged or – Every instrument duly acknowledged or
proved and certified as provided by law, may proved and certified as provided by law, may
be presented in evidence without further be presented in evidence without further
proof, the certificate of acknowledgment proof, the certificate of acknowledgment
being prima facie evidence of the execution being prima facie evidence of the execution
of the instrument or document involved. (31a) of the instrument or document involved. (30)
Section 31. Alterations in document, how to Section 31. Alteration in document, how to
explain. – The party producing a document as explain. – The party producing a document as
genuine which has been altered and appears genuine which has been altered and appears
to have been altered after its execution, in a to have been altered after its execution, in a
part material to the question in dispute, must part material to the question in dispute, must
account for the alteration. He may show that account for the alteration. He or she may
the alteration was made by another, without show that the alteration was made by another,
his concurrence, or was made with the without his or her concurrence, or was made
consent of the parties affected by it, or was with the consent of the parties affected by
otherwise properly or innocently made, or it, or was otherwise properly or innocently
that the alteration did not change the meaning made, or that the alteration did not change the
or language of the instrument. If he fails to do meaning or language of the instrument. If he
that, the document shall not be admissible in or she fails to do that, the document shall not
evidence. (32a) be admissible in evidence. (31a)
Section 32. Seal. – There shall be no difference Section 32. Seal. – There shall be no difference
between sealed and unsealed private between sealed and unsealed private
documents insofar as their admissibility as documents insofar as their admissibility as
evidence is concerned. (33a) evidence is concerned. (32)
Rule 132
Section 33. Documentary evidence in an Section 33. Documentary evidence in an

unofficial language. – Documents written in unofficial language. – Documents written in
an unofficial language shall not be admitted an unofficial language shall not be admitted
as evidence, unless accompanied with a as evidence, unless accompanied with a
translation into English or Filipino. To avoid translation into English or Filipino. To avoid
interruption of proceedings, parties or their interruption of proceedings, parties or their
attorneys are directed to have such translation attorneys are directed to have such translation
prepared before trial. (34a) prepared before trial. (33)
C. OFFER AND OBJECTION
Section 34. Offer of evidence. – The court Section 34. Offer of evidence. – The court
shall consider no evidence which has not shall consider no evidence which has not
been formally offered. The purpose for which been formally offered. The purpose for which
the evidence is offered must be specified. (35) the evidence is offered must be specified. (34)
Section 35. When to make offer. – As regards Section 35. When to make offer. – All
the testimony of a witness, the offer must evidence must be offered orally.
be made at the time the witness is called to
testify. The offer of the testimony of a witness in
evidence must be made at the time the witness
Documentary and object evidence shall be is called to testify.
offered after the presentation of a party’s
testimonial evidence. Such offer shall be The offer of documentary and object evidence
done orally unless allowed by the court to be shall be made after the presentation of a
done in writing. (n) party’s testimonial evidence. (35a)
Rule 132
Section 36. Objection. – Objection to Section 36. Objection. – Objection to offer

evidence offered orally must be made of evidence must be made orally immediately
immediately after the offer is made. after the offer is made.
Objection to a question propounded in the Objection to the testimony of a witness for

course of the oral examination of a witness lack of a formal offer must be made as soon
shall be made as soon as the grounds therefor as the witness begins to testify. Objection to
shall become reasonably apparent. a question propounded in the course of the
oral examination of a witness must be made
An offer of evidence in writing shall be as soon as the grounds therefor become
objected to within three (3) days after notice reasonably apparent.
of the offer unless a different period is
allowed by the court. The grounds for the objections must be
specified. (36a)
In any case, the grounds for the objections
must be specified. (36a)
Section 37. When repetition of objection Section 37. When repetition of objection
unnecessary. – When it becomes reasonably unnecessary. – When it becomes reasonably
apparent in the course of the examination apparent in the course of the examination
of a witness that the questions being of a witness that the questions being
propounded are of the same class as those propounded are of the same class as those
to which objection has been made, whether to which objection has been made, whether
such objection was sustained or overruled, it such objection was sustained or overruled, it
shall not be necessary to repeat the objection, shall not be necessary to repeat the objection,
it being sufficient for the adverse party to it being sufficient for the adverse party to
record his continuing objection to such class record his or her continuing objection to such
of questions. (37a) class of questions. (37a)
Rule 132
Section 38. Ruling. – The ruling of the Section 38. Ruling. – The ruling of the
court must be given immediately after the court must be given immediately after the
objection is made, unless the court desires objection is made, unless the court desires
to take a reasonable time to inform itself on to take a reasonable time to inform itself on
the question presented; but the ruling shall the question presented; but the ruling shall
always be made during the trial and at such always be made during the trial and at such
time as will give the party against whom it time as will give the party against whom it
is made an opportunity to meet the situation is made an opportunity to meet the situation
presented by the ruling. presented by the ruling.
The reason for sustaining or overruling an The reason for sustaining or overruling an
objection need not be stated. However, if objection need not be stated. However, if
the objection is based on two [(2)] or more the objection is based on two [(2)] or more
grounds, a ruling sustaining the objection on grounds, a ruling sustaining the objection on
one [(1)] or some of them must specify the one [(1)] or some of them must specify the
ground or grounds relied upon. (38a) ground or grounds relied upon. (38)
Section 39. Striking out answer. – Should Section 39. Striking out [ of ] answer. –
a witness answer the question before the Should a witness answer the question before
adverse party had the opportunity to voice the adverse party had the opportunity to voice
fully its objection to the same, and such fully its objection to the same, or where a
objection is found to be meritorious, the question is not objectionable, but the answer
court shall sustain the objection and order the is not responsive, or where a witness testifies
answer given to be stricken off the record. without a question being posed or testifies
beyond limits set by the court, or when the
On proper motion, the court may also witness does a narration instead of answering
order the striking out of answers which the question, and such objection is found to
are incompetent, irrelevant, or otherwise be meritorious, the court shall sustain the
improper. (n) objection and order such answer, testimony
or narration to be stricken off the record.
On proper motion, the court may also

order the striking out of answers which
are incompetent, irrelevant, or otherwise
improper. (39a)
Rules 132-133
Section 40. Tender of excluded evidence. – Section 40. Tender of excluded evidence. –
If documents or things offered in evidence If documents or things offered in evidence
are excluded by the court, the offeror may are excluded by the court, the offeror may
have the same attached to or made part of have the same attached to or made part of
the record. If the evidence excluded is oral, the record. If the evidence excluded is oral,
the offeror may state for the record the name the offeror may state for the record the name
and other personal circumstances of the and other personal circumstances of the
witness and the substance of the proposed witness and the substance of the proposed
testimony. (n) testimony. (40)
RULE 133
WEIGHT AND SUFFICIENCY OF EVIDENCE
Section 1. Preponderance of evidence, how Section 1. Preponderance of evidence, how

determined. – In civil cases, the party having determined. – In civil cases, the party having
the burden of proof must establish his case by the burden of proof must establish his or
a preponderance of evidence. In determining her case by a preponderance of evidence.
where the preponderance or superior weight In determining where the preponderance or
of evidence on the issues involved lies, superior weight of evidence on the issues
the court may consider all the facts and involved lies, the court may consider all
circumstances of the case, the witnesses’ the facts and circumstances of the case,
manner of testifying, their intelligence, their the witnesses’ manner of testifying, their
means and opportunity of knowing the facts intelligence, their means and opportunity of
to which they are testifying, the nature of the knowing the facts to which they are testifying,
facts to which they testify, the probability the nature of the facts to which they testify,
or improbability of their testimony, their the probability or improbability of their
interest or want of interest, and also their testimony, their interest or want of interest,
personal credibility so far as the same may and also their personal credibility so far as
legitimately appear upon the trial. The court the same may legitimately appear upon the
may also consider the number of witnesses, trial. The court may also consider the number
though the preponderance is not necessarily of witnesses, though the preponderance is not
with the greater number. (1a) necessarily with the greater number. (1a)
Rule 133
Section 2. Proof beyond reasonable doubt. – Section 2. Proof beyond reasonable doubt. –
In a criminal case, the accused is entitled to In a criminal case, the accused is entitled to
an acquittal, unless his guilt is shown beyond an acquittal, unless his or her guilt is shown
reasonable doubt. Proof beyond reasonable beyond reasonable doubt. Proof beyond
doubt does not mean such a degree of proof reasonable doubt does not mean such a
as, excluding possibility of error, produces degree of proof as, excluding possibility of
absolute certainty. Moral certainty only error, produces absolute certainty. Moral
is required, or that degree of proof which certainty only is required, or that degree
produces conviction in an unprejudiced of proof which produces conviction in an
mind. (2a) unprejudiced mind. (2a)
Section 3. Extrajudicial confession, not Section 3. Extrajudicial confession, not

sufficient ground for conviction. – An sufficient ground for conviction. – An
extrajudicial confession made by an accused, extrajudicial confession made by an accused
shall not be sufficient ground for conviction, shall not be sufficient ground for conviction,
unless corroborated by evidence of corpus unless corroborated by evidence of corpus
delicti. (3) delicti. (3)
Section 4. Circumstantial evidence, when Section 4. Circumstantial evidence, when

sufficient. – Circumstantial evidence is sufficient. – Circumstantial evidence is
sufficient for conviction if: sufficient for conviction if:
(a) There is more than one [(1)] circumstance; (a) There is more than one [(1)] circumstance;
(b) The facts from which the inferences are (b) The facts from which the inferences are
derived are proven; and derived are proven; and
(c) The combination of all the circumstances (c) The combination of all the circumstances
is such as to produce a conviction beyond is such as to produce a conviction beyond
reasonable doubt. (5) reasonable doubt.
Inferences cannot be based on other

inferences. (4a)
Rule 133
No counterpart provision. Section 5. Weight to be given opinion of expert

witness, how determined. – In any case where
the opinion of an expert witness is received
in evidence, the court has a wide latitude of
discretion in determining the weight to be
given to such opinion, and for that purpose
may consider the following:
(a) Whether the opinion is based upon

sufficient facts or data;
(b) Whether it is the product of reliable

principles and methods;
(c) Whether the witness has applied the

principles and methods reliably to the
facts of the case; and
(d) Such other factors as the court may deem

helpful to make such determination. (n)
Section 5. Substantial evidence. – In cases Section 6. Substantial evidence. – In cases

filed before administrative or quasi-judicial filed before administrative or quasi-judicial
bodies, a fact may be deemed established if bodies, a fact may be deemed established if
it is supported by substantial evidence, or it is supported by substantial evidence, or
that amount of relevant evidence which a that amount of relevant evidence which a
reasonable mind might accept as adequate to reasonable mind might accept as adequate to
justify a conclusion. (n) justify a conclusion. (5)
Section 6. Power of the court to stop Section 7. Power of the court to stop
further evidence. – The court may stop the further evidence. – The court may stop the
introduction of further testimony upon any introduction of further testimony upon any
particular point when the evidence upon it particular point when the evidence upon it
is already so full that more witnesses to the is already so full that more witnesses to the
same point cannot be reasonably expected same point cannot be reasonably expected to
to be additionally persuasive. But this power be additionally persuasive. This power shall
should be exercised with caution. (6) be exercised with caution. (6a)
Rule 133
Section 7. Evidence on motion. – When Section 8. Evidence on motion. – When

a motion is based on facts not appearing a motion is based on facts not appearing
of record the court may hear the matter on of record the court may hear the matter on
affidavits or depositions presented by the affidavits or depositions presented by the
respective parties, but the court may direct respective parties, but the court may direct
that the matter be heard wholly or partly on that the matter be heard wholly or partly on
oral testimony or depositions. (7) oral testimony or depositions. (7)

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2019 AMENDMENTS TO THE

1989 REVISED RULES ON EVIDENCE

The 2019 Amendments to the Rules of Civil Procedure and Revised

Message of Associate Justice Alexander G. Gesmundo iv

Message of PHILJA Chancellor Justice Adolfo S. Azcuna v

1. Primer on the 2019 Amendments 1

2. 2019 Amendments to the 1989 Revised Rules 5

3. Comparative Table of the 1989 Revised Rules 27

What are the signiϔicant changes?

Did we base it from other rules in other jurisdictions?

Why did we have to amend or draft new rules?

PRIMER ON THE 2019 AMENDMENTS TO THE 1989 REVISED RULES ON EVIDENCE 3

Are the amendments easy to understand and implement?

A. OBJECT (REAL) EVIDENCE

Section 2. Documentary evidence. – Documents as evidence consist of writings, recordings, photographs

1. Original Document Rule

Section 4. Original of document. –

2019 AMENDMENTS TO THE 1989 REVISED RULES ON EVIDENCE A.M. NO. 19 08 15 SC 7

3. Parol Evidence Rule

(a) An intrinsic ambiguity, mistake or imperfection in the written agreement;

The term “agreement” includes wills. (9a)

2019 AMENDMENTS TO THE 1989 REVISED RULES ON EVIDENCE A.M. NO. 19 08 15 SC 9

[Section 21. Disqualification by reason of mental incapacity or immaturity. – (Deleted)]

(v) Joint clients. As to a communication relevant to a matter of common interest between

(c) A physician, psychotherapist or person reasonably believed by the patient to be authorized to

(a) A person licensed to practice medicine engaged in the diagnosis or treatment of a

3. Admissions and Confessions

2019 AMENDMENTS TO THE 1989 REVISED RULES ON EVIDENCE A.M. NO. 19 08 15 SC 11

4. Previous Conduct [a]s Evidence

6. Exceptions [t]o [t]he Hearsay Rule

2019 AMENDMENTS TO THE 1989 REVISED RULES ON EVIDENCE A.M. NO. 19 08 15 SC 13

(a) In Criminal Cases:

2019 AMENDMENTS TO THE 1989 REVISED RULES ON EVIDENCE A.M. NO. 19 08 15 SC 15

(c) In Criminal and Civil Cases:

Section 2. Conclusive presumptions. – The following are instances of conclusive presumptions:

Section 3. Disputable presumptions. – The following presumptions are satisfactory if uncontradicted,

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

2019 AMENDMENTS TO THE 1989 REVISED RULES ON EVIDENCE A.M. NO. 19 08 15 SC 17

Section 4. No presumption of legitimacy or illegitimacy. – There is no presumption of legitimacy or

2019 AMENDMENTS TO THE 1989 REVISED RULES ON EVIDENCE A.M. NO. 19 08 15 SC 19

(a) Direct examination by the proponent;

2019 AMENDMENTS TO THE 1989 REVISED RULES ON EVIDENCE A.M. NO. 19 08 15 SC 21

B. AUTHENTICATION AND PROOF OF DOCUMENTS

All other writings are private. (19a)

(a) By anyone who saw the document executed or written;

2019 AMENDMENTS TO THE 1989 REVISED RULES ON EVIDENCE A.M. NO. 19 08 15 SC 23

Section 33. Documentary evidence in an unoﬃcial language. – Documents written in an unoﬃcial

C. OFFER AND OBJECTION

2019 AMENDMENTS TO THE 1989 REVISED RULES ON EVIDENCE A.M. NO. 19 08 15 SC 25

(a) There is more than one [(1)] circumstance;

Inferences cannot be based on other inferences. (4a)

(a) Whether the opinion is based upon suﬃcient facts or data;

REVISED RULES ON EVIDENCE 2019 AMENDMENTS

Section 1. Evidence defined. – Evidence Section 1. Evidence defined. – Evidence is

Section 3. Admissibility of evidence. – Section 3. Admissibility of evidence. –

Section 4. Relevancy; collateral matters. – Section 4. Relevancy; collateral matters. –

REVISED RULES ON EVIDENCE 2019 AMENDMENTS

REVISED RULES ON EVIDENCE 2019 AMENDMENTS

Section 4. Judicial admissions. – An Section 4. Judicial admissions. – An

A. OBJECT (REAL) EVIDENCE

REVISED RULES ON EVIDENCE 2019 AMENDMENTS

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REVISED RULES ON EVIDENCE 2019 AMENDMENTS