— & Republic of the Dbitippines Supreme Coure Alanita A.M. No. 19-08-15-8C 2019 PROPOSED AMENDMENTS TO THE REVISED RULES ON EVIDENCE ULE 128 ENERAL PI ISIONS Section 1. Evidence defined. ~ Evidence is the Means, sanctioned by these rules, of _MeA -T. scertaning in a judicial proceeding ss i See. 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 rules.(2) See.3. Admissibility of evidence, ~ Evidence is admissible when it igfélevant tothe relevant issve and ngy€xcluded by the Constitution, the law or these Rules. (3a) issue ER cenpe tegen monet a competent Sec. 4. Relevancy; collateral matters. ~ Evidence must have such a relation to the hus to induce belief in its existence or non-existence” Evidence on collateral matiers shall notbe allowed, except when ittendsin any reasonable deft to establish the probability or improbability ofthe fact in issue. (4) RULE 129 WHAT NEED NOT BE PROVED S-1.P. NT Section shen at) A court shall take juicil notice vithout the introduction of evidence, OT 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 politic 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) 6. 0.0.69 P.C.8) Sec. 2, Judicial notice, ven Geena)” Aco ay take judiiaT notice Oi ic matters which are of public RnoWTedge, or are capable of unquestionable demonstration, or ought to be known to judges because of their judicial functions. @ / Ww Paget 26 Scanned with CamScannerv Uhore ave srdliccnvay lee fra ? Poe (enna Pale oy NOPGIMAL DPCUMERT BALE “Cope) <> only apphin to documuitery aridence L nef po olyict enctence. , a of edt i herny talfped hh ,: ex Pig tects) i A Log ihre becelPT batansyap)d drcinent. AM, Scanned with CamScannerSomenar Daring the pre-tial and the tral, Sonera Tall Rear the parties on the propriety a our, mtn pore 3 taking judicial notie€ oP any matte Before judgment or on appeal, the court, motu propria oF upan motion, may y patter and shall hear the parties thereon if such matter io take judicial notice of any patter and shall hear r h matter i \ “ane ju 7 al issud/in the case. (3a) wo =r oerv See. 4. Judicial admissions = An admission, oral oF writen, made by the pany in n prosesd iihe same casey “may be contradicted only by showing that it was made through ‘that the imputed admission was not, jn fact, made, (4a) RULES OF ADMISSIBILITY. a ert A. OBJECT (REAL) EVIDENCE <“aateptic Sh" felaled concepts: The admission daghi hetics le Seaton 1. Obie gr evidence, = Objects as evidence are thos adiresed tothe Chain oF cus Yody 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 Sec. 2. Documentary evidence. - Documents as evidence consist of writings, ‘Fecordings, photographs or any material containing letters, words, sounds, number | Bewven, srabols aetier emtialsed went modes of writen expessoeoiead *hotographs include still ictures, drawings, store: imases xy fils motion pictues on nee oa 1. Original Document Rule tat Rule Sec. 3. Original document must be produced: exceptions. - When the subject of inquiry isthe cones of a documenting eoaTaTRe- po graph or other recor, no evidence is admissible other than the original document itself except is the following cases: XPNe? L.A.N.P.T. L. @vnenine original is [ost or destroyed, or cannot be produced in coun, without bad faith on the part OF the offeror, AX. (When the origina 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 Aotice, or the original cannot. obtained local judicia}_processes or mroceiures: Adverse garly's control aX Page 205 Scanned with CamScannerN Vhen the original consists of Numerous accounts ot other documents which NE con ri ei of esas er dum ih yy “Semin (rctgelsied tne tn in ly the joneal cpt et SEES Flow) en the original is @ ublic record in the custody of a public officer or is P comms ont sate I (©) When the original is not closely.relatedto-a controlting Fssue, (3a) “intended to have the same effect a person executing of issuing i “original” of a photograph includes the negat ‘any print there! If data is stored in a computer or similar device, any printout of other output readable by sight or other means, shown to reflect the data accurately. is an nal.” by A. is 2 counterpart produced by the same impression as the original, or from the same matrix, or by means o hy, includ enlargements and miniatures, or by mechanical or electronic te-revord ‘or by chemical reproduction, or by other equivalent techniques, which roduce H accurately r 1¢ original Inthis order fost or destroved, or cannot Copy execition of existence and theca abi mhis or Recital ecopse of its unavallabil G Thay prove Ts contenty by aZony, or by ry aithentic document, or by thine or ane Sec. 6. iVhen original document is in flocument i inthe eustody or under the control of the adverse party, he she mine have reasonable notice to produce it, fa ice and after satisfacto root ofits existence, he or she fails to produce the document, secondary evidenseaurbe presented as in the case ofits loss. (6a) ‘Sec.2, [Siiimaries!= When the contents of documents, record numerous i dial of its contents in some Testimony in the order stated. (Sa) auc oter slated. = Ifthe Is photographs, or note Du Seuce Dus hou art WEES Botihe > taginad Cnet M44) Achar 3) a fsnisibl orth ea CP deeesible ints are voluminous and cannot be examin. ‘summary. or calculation, Page30t 26 Scanned with CamScannermination or copying, or both, by the order that they be lace, The court ma} all be available ‘The originals s a adverse party ata reasonable time ant broduced in court. (0) i i vii See. fvidence admissible when original dociment is aoublie record. — Sek Bie i cosy of aisle is seed Public office, its contents may be proved by af (certified copypssued by the public officer in custady thereof. (7) document not bound to offer it. — A party who call pects the same is got obliged to offer s for fas Sec. 9. Party who calls for the production of a document and ins evidence. (8) [3-raro Evie aust be expreesly / Lex] : 1s of an agreement have f A Evidence of written agreements, — When the terms of an agreement Gquavely presente = eof ceeded “Tan ee SO anes considered a containing al thet 7 Fe 1e parties and their successors i interest, no evidence of there can be, as between thi such terms other than the contents of the writien agreement However, «party may present evidence to Modify plain oiled to the terms of the ‘written agreement if he or she puts in issue in a VIS Ae AN. (e)AninizinsicAmbiguity, Mistake or pperfection inthe written sgreeme 4, Tne faite ofthe writen agreement to express the true Pent and agreement 7 of the parties thereto; V. ©The vali (a)The existence of other terms agreed Jo by the parties or their successors interes afler she execution ofthe written agreement. Fabsequenl ly \ThetermYagreement’,includes wills: (a) 4. Interpretation of Documents | Sec. LL. Interpretation ofa writing according to its legal meaning, —The language ofa writing i to be interpreted according to the legal meaning it bears in the place of its execution, unless the parties intended otherwise. (10) See, 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) ; ” Sec. 13, Interpretation according to intention general Gnd 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 ae of the written agreement; or Page 40% Scanned with CamScannerve he rae So Santer tte contol «senso tt inconsistent with it (12) Interpretation gecording to circumstances, — For the proper construction a ae emus eens Renate ee orihene theta oe ier tea thatthe fudge may be placed in the position of those whose language he or shes to interpret. (13a) ‘placed inthe position of those whose anguane i Oreo tert ( Sec. 15. Peculiar signification of terms. —"The terms ofa writing are presi ave been used in theitSprimary and general acceptatiog” but evidence is admissible that they have 2 local, technical, or otherwise peculiar signification”and ‘were so used and understood inthe particular instance, in whieh ease the agreement ‘must be construed accordingly. (14) See. 16. Written words control printed. — When an instrument consists partly of “writen woriefand portly of « printed fonp, and the two are inconsistent, the former controls the latter. (15) See. 17. Experts and interpreters to be used in explaining certain writings, ~ When the characters in wi insirument is writgg are difficult to be deciphered or the language is not understood by the court, the evidence of persons skilled %n deciphering the characters, or who understand ihe Tanguage, is AsA< (See. 24. Disqualification by reason of privileged communications, [Section 21, Disqualification by reason of mental incapacity or immaturity eked eK: LAC of PERSON AL/FIRST- HAND ENOWLED GE tify only to hes’ ets which he or she knows of ial knowledges that is, which axe derived from his. other own perception. (36a) [8:25 Disqualfation by reason of marriage) ~ Ducing their merigge, he husband or the wife eannot testify against the other without the consempor the affected spouse, except in a civil case by one against the other, or in gcrimipal case {or a crime committed by one against the other or the latter's direct desceydants or Asgendants, (72a) ns following e¥Sons cannot testify as to matters learned in confidence in the folowing cas LAG The husband oF the wife, during of after the maniakSpannot be examined without the consent of the other as to any communication received in confidence by one from the other during the marriage except ina 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 (®)An attorney or perso Yeasonably believed by the client 1 be licensed to engage inthe 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 ‘ven thereon in the course of, or with a view to, professional employment, nor can an atiomey’s secretary, stenographer, or clerk, or other persons assistine the attomey be examined without the consent of the client end his or her employer, ‘conceming any fact the knowledge of which has been acquired in such capacity, except in the following cases © Burtherance of crime or fraud. jces or advice of the lawyer were sought or obtained to enable or aid anyone to commit or plan to commit client knew or reasonably should have known to be a erime or fraud: (i) Claimants through same deceased client As to a communication relevant to an issue between partes who claim through the same deceased client regardless of whether the elsims are by testate o intestate arby inter vivos venation ToS - Sell-lnerwurtin Breach of duty by lawyer or client. As to a communication relevant to an issue of breach of duty by the lawyer to his oF her client, or by the client to} is 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 MARIA DQ Aaya Ramitcn.! — lose of den niterests. ap Murr Be CORE PUL AEDUED Mco. a 5 Commamcation UT Trade Seorete ‘cart witness: of Scanned with CamScannerJoint clients, As to a cot ication _relevant to a matter of commot (yer ten fv. ot mots clents ithe com ‘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. (A physician fsvchotherapist or prsor p authorized fo practice medicine or psychothera 2 the consent of the patient, be examined as to any confidenti: Made for the, _ ose 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 ueatment ofthe patient under the direction of the physician or Nore: 3¢ crmmal ‘Psychotherapist, ae, an priv bege Ae longer ay iex ‘A-Spaychotherapist” is: ager appli (a) n_licensed to tice medicine engaged in the diagnosis or ‘treatment of a mental or emotional condition, or sce 410029 (©) A person licensed as psychologist by the government while similarly ~The PS gchology Law” engaged, whut te priilege extends 48 Anand ALL grocacaihp 4 f. (4) A minister, priest or persorteasonably believed to be so cannot, without the © > th das 10 am mication_or minister or priest belongs. —pp ci fl ?, PuBrIC INTEREST LEW ILEGE (@)A public officer cannot" ing or aller his or her tenure as to tial ots entice ations made to him or her snmunication shall remain privileged, even in the hands of a third person tho may have obtained the information, provided that the original parties te the Ssommunicaton {ook reasonable precauiog 9 protects confidentiality, (2a) —— 2. Testimonial Privilege Sec. 25. Parental and filial privilege. ~ No pé ‘shall be compelled to testify eriin cv, aelenia) tthe . 25. F belongs agtinst his x her parents, other direct asegrants, children or other dicect ” wnfaaes 7 Conlt be descendants, when such testimor a See. rivilege relating to frade secrets. ~ A person cannot be comoclled 10 test any trade_seeret, ie will conceal fraud or otherwise work injustice. When disclosure is directed, the court shall take such Pagel a a ond by He other Scanned with CamScannerprotective measure as the interest of the owner of the trade sceret and of the parties ‘and the furtherance of justice may require. (n) Thegct, deptaration or srission of a party as toa CHETTaiiFeepymay be given in evidence against him or her. (268) CBee 2 YOffer of compromise not admissible, [in civil eases) an offer of _ewyyy Cases COMPrse is ota adsson of any Habiiy, and 1 ROL AUMESTNE in evidence Hoy cre 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_provit or peice of a witness ‘negativing a contention of undue delay, or proving an effort t ict a criming investigation or prosecution. ~Liizeriminalcasea] except those involving quasi-offenses (criminal negligence) CIMINAL Casts ‘or those allowed by Taw to be compromised, an offer of compromise by the accused >. way be cecewedt ~SLthose aTfowed By Taw to be compromised, an off mi Gee ay, ‘may be Feceived in evidence as an implied admission of guilt. “Apt of guilty later withdraw oan unscented offer ofa plea af guit%o XPM a lesser offense is not admissible in evidence against the accused who made the plea Dloter withdre (ep 3 or offer. Neither is any sntement made inthe course of plea bugsining withthe 2 uncocppfrdt deur ‘roseeution which doesnot result in plea of gully or whieh resulls in a plea of ~ 5 anjstetemckin PLA sully later withdrawn, admissible See 601.33 baer, Tes ae F troscollente by lage be. [ow ote to pale the payment of medical, hospital othe? expanses “ Gred diamanton calor occasioned by an injury, comm ‘evidence as proof of civil or criminal ~~ AfaBty forthe injury. C272) eB Admission by third party, ~The rights of a party eannot be prejudiced by _ x SITET, declaration, or omission of another, except as hereinafter provided. (28) fee, i Opfieste Contes ~The act or declaration of a partner or Suen authorized by the party fo make a statement concerning the subject, ot within slaiement concerning the subject “Vicanéus_, his ¢ thority, and during the existence of the partnership or Admniecvéae” ‘agency, may be given in evidence against such party after the partneritjrerse nc is shown by evidence other than such act or declarati or The se aS ‘same rule applies to The ‘act or declaration of a joint owner, joint debtor, or other Person jointly interested with the party. (29a) Admission by conspirator, ~The act or declaration of a conspirator fff) se.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) < See, 32) Adnision by pives. Where one derives title to property from anothe the Tatier’s act, declaration, or ot ion, in relation to the property See-the dnorelo panty the Tater's Nis evidence mpl ‘against the former if done while the latter was holding the ile. (31a) _ Paget Scanned with CamScannerAdmission by silence. ~ An act or declaration made in the presence and ‘Within the hearing oF observation of a party who does or says nothing, when the act or declaration is such as naturally to cal for action or comment if not tfue, and when proper and possible for him or her to do so, may be given in evidence against him or hisi. 2a) Pris cefertoan Ertadediiril Cofecrisn Ti elie au A Th ee ~ date woman rein, may be given 4, Previous Conduct As Evidence See. 35:[ Similar acts as evidence, ~ Evidence that one did or did not do a'tertain hing is not admissible to prove that he or she did or did not do the same or similar thing "but.it.may,be.received.to prove a.specificintentor pi K)CHUS. knowledge, identity, plan, system,-scheme, habit;-custom-or-usage,-and the like. (34a) See. 36 Unaccepted offer. “Ynbtter in iting ty/fay $ particular sum of money orto deliver a written instrument or specific Property.is, ifrejected without 1s prerf ef Tenclen valid cause, equivalentto the actual Heiosionandtanderor tie money, instrument, or property. (35) = [Sec. 36. Testimony gonerally confined to personal knowled excluded. (Transposed to Sec, 22, Testimony confined to personal knowledge. Sect- SHearay — SEC37 XPNe- BP—5SD A statement is fothearsavfif the declarant testifies atthe tral or hearing and is subject to cross-examination conceming the ae Laconsi tent i uement, and the statement is (a) Bai r stent withthe declaran's testimony id was given under oath subject to Prise Considtent 1.0. 6, Exceptions To The Hearsay Rule {[Sce. 3B] 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 hher death is the subject of inquiry, as evidence of the cause and surrounding circumstances of such death. (372) Scanned with CamScanner(SEB revemen of decedent or person of ussound mind. In ay action against an executor or administrator or other[epresentative ofa deceased person or against a petson of unsound mind, upon a claim or demand against the estate of such-deceaccd Person or against such person of unsound mind, where a pary or assignor of pa ‘ora person in whose behalf a case is prosecute(estifies on a mater of facDyceur before the death of the deceased person or before the person b ‘mind, any statement ofthe deceased or the person of unsound bby him or her and while his or her recollection was clear. Such statement, however, ible if made under circumstance idicating its lack of trustworthiness. a) ~ [See W Peclaration against interest.~‘The declaration made by a person deceased OF unable to testify against the interest of the declarant, if the fact assered in the declaration was atthe time it was made so far contrary tothe declaran's own interest thata reasonable perso in bis ar her position would not have made te declaration unless he or she believed it to be tie, may be received in evidence against himself cotherself or his ocher successors in interest and against third persons. A statement tending to expose the declarant to criminal liability and offered to exculpate the cused is not admissible unless corroboraing circumstances clearly indicate the eine esr tl ln nc decens o pes deceased or unable to testify, in respect to the pedigree of another person related to him or her by birth, sion, rr in the absence thereof, with who: family 1s. 10 he likely to have accurate information cc ling his or her pedigree, may be received in evidence where it 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) Gee B Family rept ration regarding pedigree] "The reputation or ; adition existing in a famjtf previous to the controversy, in fespect tot of any one of its mempéts, may be received in evidence if the witness testifying thercon be also either by consanguinity, affinity, of adoption. Entriesin family bibles or other family books or chats, engraving on rings, family portraits and the like, may be received as evidence of pedigree. (40a) Common reputation. — Common reputation existing previous to the controversy, as to boundaries of or cust in the community and reputation as to events of general history important. tothe community. or especting marriage or moral character, may be given in evidence. Monuments and inscriptions in public places may be received as evidence of common reputation. (41a) Page 125 Scanned with CamScanner[sed] Part of the res gestae. — Statements made by a person while a stating occurrence is taking place or immediately prior or subsequent thereto, under the stress of excitement caused currence with respect tothe circumstances thereof, may be given in evidence as part of the res gestae. So, also, statements accompanying ®T€qHIVGEMAC material to the issue, and giving it a legal significance, may be received as part of the res gestae. (428) [see.9§.]Rccords ofregularly conducted business activin: — A memorandum, report, ecord or data compilation of acs, events, conditions OpTaTons]or/aiagnoses|made by-writing, typing, electronic, optical or other similar means atar near the ime of oF om transmission or supply of information by a person with knowledge thereof, and kept in the regular course of conduct of a business activity, and stich was the regular ‘Bractice to make the memorandum, repor, 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) JEntries in official records. ~ Entries in official records made in the performance of his or her duty by a in the performance of a duty speci the facts therein stated. (44a) (GEE fom ie andthe ike, Evidence of statements of maters of interest WD persons engaged in an occupation contained in alist, 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) 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 # matter stated therein if the court takes judicial notice, or a witness expert in the subject testifies, thatthe writer ofthe statement in the treatise, periodical or pamphlet is recognized in his or her profession or calling as expert in the subject. (46a) Testimony or dipsion ata former procating. ~The tesinany or Position of a witness deceased or out of the Philippines or who cannot, with due ence, 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) C $26.50, Ikesdnal exception = A statement not specifically covered by any of the for excey having_equivalent _circumstantial_guarantees of ¢p¢_ yun “4NCLENT worthiness, is admissible ifthe court determines that (a) the statement is offered ent as evidence of 4 material fact; (h) the statement is more probative on the point for Docu a a ’ which iis offered than any other evidence which the proponent can procute th we 2A 192 ble efforts: and (c} the general purposes of these rules ar crests 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 Page 1 of v Scanned with CamScannerqe 4 Wilrise p.949 c / 8 Sais glee 6nd / 1 & NPM: fit Tends fo otabled prbckly Le hel }OW is te PREDICATE LAID 2 (p.951) ee Scanned with CamScannerstage in the ease of trial of the main case, to provide the adverse party with a ‘opportunity to prepare to meet ithe proponent’s intention to offer the statement and the particulars of it, including the name and address of the declarant. (n) omar re = The opinion of a witness is i@tladimissible) except as TndicaTed in the following sections. (48) Leann ofp —toeapnion ofa viessena mate eauing — rey ehgehid ‘special Mowledge, skill, experience, training or education, which he or she is shown o1 Situmen Face to possess, mgy be received in evidence. (193), Tre- K,&, S, 1 SKEET 34 Opinion of ordinary witnesses. ~ The opinion of a witness, for which proper s given, may be received in evidence regarding~ Hf, |, © + t on CAeE) (a) Thedentity of a person about whom he or she has adequate knowledge; eerste fon genni nena of a (Affewriting with which he or she has suicient failiariy; and (relate te AR eesti pacha (©) The mental Giity of a person with whom he or she is sufficiently acquainted. witness ppay also testify on his or her impressions ofthe Snotion, Savin, coletion seaghesnncs ofapeson 60) "cae EGGERT — 7-70 ger ma it ne ce ‘exceptions. ~ Evidence of a XPAle2 fe { _ fama Otted it beat example : taba (dopraveheiea goed peer) . on” | ER woth i eng SORE | moral trait invoived in the offense charged. However, thprosecutiodmg not Torre iar aaa | id. ) bad moral character unless on rebut —_> omen a - WESC (905) 12 LENC (Libel, Seduction, Ualigent, Chi Cree, 8 ea Evidence of the moral character ofa party ina civil ease is admissible only hates. ‘when pertinent to the issue of character involved in the case. > 7A) Uses of Character Evidence: fev: nenen Deen thay Wf ba sdscsiteinnch Reenter arhe he, tinted 7 2) Direct Endence as Mn idgtat of hone te ‘mo eft He chaaarctey, IOELF Hi ve cette, dam & cae 2 la Per ‘ hts acbbeswe pens wine @ REHABILITATE . “0 Wha chaaielte of a wibinem ‘him 0ack facbsen inpceched Scanned with CamScannerRe rfalrony A bof, On AL ander uml hana, Ao —p het f do enacting wn Phe errnmevnty iy sy a praonbuer an poll enwrn ¥ Af for umurntnge oy moral choral | ~b eva alae te thar riratinig oon Ms avascatea, | CHARACTER. ~ 14 uthad yor ane Rea AT ION) = Ao orb” the Lomemacnitye jr denare. tu, AML. Scanned with CamScanner— of 7 3 cin of wines isnt auimissible til sugh | nw RULE 131 OF EVIDENCE AND PRESUMPTIONS Section 1) Burden of proof and burden of evidence, ~ Burden of proof is the duty of «8 party to present evidence on the facts in issue necessary to establish his orlher claim ‘or defense by the amount of evidence required by law. Burden of proof never shifts. urden of evider dui riy to present evidence sufficient toC mur establish orrebut.a fact in issue io establish a ciccase. Burden of evidence calay ‘one party to the other in the course of the in the exigencies of the case. (Ia) (Sce_3 Conclusive presumptions }- The following are instances of conclusive presunipions: (@) Whenever party has, by his or her own declaration, act, or omission, (2 intentionally and detibera sc tohalicveapaniculrthingtwe, and £5/°Ff¢// > toact upon such belief, a The following presumptions are satisfactory if ‘uncontradicted, but may be contradicted and overcome by other evidence: (ay That a person is innocent of crime or wrong: (by~ That an unlawful act was done with an unlawful intent; (©) That a person intends the ordinary consequences of his or her voluntary act; we ‘That a person takes ordinary care of his or her eoncems; W Page 1 0126 Scanned with CamScanner\ W 1 Tht eyidence wAlltlly euppressed Ynould be adverse If proven, (0) That money pald by one to erin wg. dug tothe tater, {u) ‘That thing delivered by one to anerter belonged to the tater (1) “That an obligation delivered up to the deli has heen pal; O Talia ar te 1 ha been pad when p pceli forthe later cr ea sag a pa (1) "Thats person found in possession of a thing taken in the doing of a recent ‘Wronful act isthe taker and the doer of the whole act; otherwise, thet things which a person possesses, or exereives acts of womership over, sce ‘owned by him or her: (kK) That « person in posession of an order on himself or hervlf for the payment of the money or the delivery of anything, has paid the money ‘or delivered the thing accordingly, (1) That a person acting in a public office was regularly appointed or elected wit (an) "That official duty hss been reguluely performed; (n) ‘That a cour, oF judge acting as such, whether in the Philippines oF cluewhere, was seting in the lawful exercise of jurisdiction; (0) ‘That all the matters within an issue raived in a ease were laid before the ‘court and passed upon by it; and in like manner that all rnatters within an issue raised in a dispute submitted for arbitration were laid before the arbitrators and passed upon by ther, (p) "That private transactions have been fair and regular; (4) ‘That the ordinary course of business has been followed, () That there was a suffici i consideration for a contract; (8) That a negotiable instrument was given or indorsed for a sufficient consideration; (‘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; WY Page Wel 26 Scanned with CamScanner() — Thata letter duly directed and mail of the mail; () That after an absence of seven years, it being unknown whether or not the absentee still lives, he or she is considered de except for those of succession, eet Ce ea pape _ The absentee shall not be considered dead for the purpose of ‘opening his or her succession until after an absence of ten years. Ife or she disappeared after the age of seventy-five years, an absence of five ‘Years shall be sufficient in order that his or her succession may be opened, The following shall be considered dead for all purposes including ion of the estate among the heirs: the di (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 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 years; (3) A person who has been in danger of death under other cireumstances and whose existence has not been known for four years; and (4) If married person has been absent for four consecutive years, the spouse present may contract a subsequent marriage if he or she has well-founded belief thatthe absent spouse is already dead. In case of disappearance, where there is a danger of death, the circumstances hereinabove provided, an absence of only two 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 proceedings 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; (%) That acquiescence resulted from a belief thatthe thing acquiesced in was conformable to the law or fact; (©) Tom thngs hve happened acarding othe ordnary course of ara rdinary nature habits of life; — Crtexrace Filipe gag the tne ordinary nature habits Rite fos rent (2) That persons acting as copartners have entered into a contract of co- partnership; a Faget ot26 Scanned with CamScanner led was recived in the reglarcoure DEORE older sted siled(22) (bb) (cc) (dd) (ee) @ (ee) (oh) (i ‘That a man and woman deporting themselves as husband and wife have entered into a lawful contract of marriage; ‘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 @ void mariage, iiss been obtained by their joint efforts, work or industry ‘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 ‘heir 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; ‘That if the marriage is terminated and the mother contracted another ‘marriage within three hundred days after such termination of the former ‘marriage, these rules shall govem in the absence of proof to the contrary (1) A child bom before one hundred eighty (180) days after the solemnization of the subsequent marriage is considered to have been conceived during such marriage, even though it be bom within the three hundred days after the termination of the former marriage; and (2) A child bom 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 days after the termination of the former marriage: ‘Thata thing once proved to exist continues as long as is usual with things of that nature; ‘That the law has been obeyed; ‘That a printed or published book, purporting to be printed or published thority, was so printed or published; aia 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; ‘That a trustee or other person whose duty it was to convey real property toa particular person has actually conveyed it to him or her when such presumption is necessary to perfect the title of such person or his orher successor in interest, That except for purposes of succession, when two persons perish in the same calamity, such as wreck, battle, or conflagration, and itis not shown ‘who died first, and there are no particular circumstances from which i Page oh YW Scanned with CamScannerScanned with CamScanner1 survived: If one is under fifteen If both be over fifteen i male is deemed to ha and If one be under fifteen ages, the latter is deem: to succeed each other, as to ‘Which of them death of one prior tothe ether, shal pr TEDW presumption legitimacy or egimacy and under sixty, and the We survived, if the oF Over sixty, and the other 'ed to have survived; as between two or: e the same “proof; they shall be considered to have di at the same time. (3 nd the other above sixty, the former is deemed to have survived; sex be different, the ‘Sex be the same, the alder, between those ‘more persons who are called died firs, w hoever alleges the ion of the spouses, rier three hundred days. following the dissolution of the marriage or the separati Whoever alleges the evidence to rebut or meet t i f presumptions are _inconsis e tion that is founded ‘Scinhtier considerations of policy shall apply. If considerations f policy are of let considerations of policy shall apply. If considerations o ‘qual weight, neither presumption applies. (n) £ Qu POIs m Page 170125 Cwm. J OSes, ge eae ie ‘iti 4 po Scanned with CamScannerRULE 132 < he examination of witnesses presented in a trial or hearing shall be done in, wrt, and under affismation. Unless the witness is incapacitated to speak, or the quesji6n cals for a | different mode of answer, the answers of the witness shall be give 1) Proceedings to he recorded. ~ The entire proceedings of e tial or hearing, inchuding the questions propounded to a witness and his or her answers thereto, and the statements made by the judge or any of the preg em or witness with reference to the case, shall be recorded by means gfShorthand of-sictialyne.or-by- | ‘gdher means of recording found suitable by the court. ee | A sms of the record] of the proceedings made by the official stenographer, stenotypist or recorder and certified as correct by him or h shall be. facie a correct tatemenof such praccedings. (2a) eles ty FMI ORB ee CUDED BVOEUE | BET sigh ana os BE Sines = Anes mast aeration jp AS o RIPE Jalthaugh his or her answer may tend to establish a claim against him or her - i: However, it D — dedanteor act Lory! i R-paation \" ay Tobepioiccied fronlselevat, improper, or insulting questions, and from A. ape tl hash or insulting demeanor, Pre screlevabo p-pitinet D (2) Not to be tained longer than the interests of justice require; 5 nanelf encremenalest ©) Nevtobe examined exe ony at to matters Pertinent othe issue) (4) Notto give an answer wi 5) am offense unless otherwise provided by tend to subject him au 0. png for Ro Notiogiveananover we wiltendio dei arf nes 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) [Grder|n the examination of an individual witness. ~'The order in which an idual witness may be examined is as follows: See, indi (2) Direct examination by the proponent; (b) Cross-examination by the apponent; (©) Re-direet examination by the proponent; (4) Re-cross examination by the opponent. (4) x Page t26 Scanned with CamScannerZL fuler om doope of (rere Evamoratint : 4 vicky. pyen e WOE OVER Ev yfch Lule on att velevant opt WM LOC T doef Qriucan Pole cal ar enatltig O wed om he © we phlony ht Englst xulp YON: an 2 umdtantes, pire fellow Uh frnaent tule — £14 IBD ~ Crern a acta HOsTILe ile d Cn d acoused no Cremige CASE, ( LENGE Cdn Lone ling Chan hon 4 p47 oa Coating fusetion{ Scanned with CamScannerHUGE pists vere we | Sadi cial Wduisciovs ~imS4UE CASE (hor) fernicctord Ateatiaenls — 4tgor LUT IDE TOE CAE "See. 5 tamination. ~ Direct examination is the, chief bf a witness the pat presenting Fim or ehon the facts relevant tote issue. (5a) examination: its purpose and extent, ~ a on score Ades 4 Siero the witness may by the adverse party on any” ff ‘with sufficient fullness and freedom to test his or her accuracy and ings " pet = - id freedom from interest or bias, or the reverse, and to elicit all ett ) important facts bearing upon the issue (6a) 2 we flo | See. 7) Redirect examination; its purpose and extent, — After the eross-examination witness has been concluded, he orshe may be re-examined by the party calling hhim or her to explain or supptement his or her answers given examination. On re-direct examination, questions on matters not deat with daring ‘the cross-examination may be allowed by the court in its discretion. (7a) (See neers examina, Upon the concn ofthe e-t xaition ~ After the examination of a witness by both sides has hog ids LEE URL | ‘been concluded, the witness cannot be recalled leave ofthe court, The court ‘will grant or withhold leave init discrep, as the interests of justice may require. ©) (a) Onveross-examination; (b) Qaipeelininarymattersy | (©) 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; aun | (8) Of an unwilling or hostile witness; or | @ a F + cen ih | (©) Of witness who is an adverse party or an officer, director, or managing ‘§Bo REEW agent of a public or private corporation, or ofa partnership or association ‘ | which is an adverse party. | which assumes as ict fone that yale ae (7 es p allowed. (10a) | . Scanned with CamScannerOE _£_$_$_£_—EE rel Matte Wht haa tecl ty ach Ut # ial v wir ade woe se wo wiper hil p 4) 7 fu BA pexecle Se Le pred eee Cr.) white ste paascoreay » dep v AL ar, of wall pel Ha pudig on meter himantt 2 Wl Fru” pF Scanned with CamScannerEe ave aan ny an that he or s} orher present testimon it may be shown by the examin ‘oF Fecord of the judgiment, he orshe has beenf’ynvicted of an offense (Ia) eLTT However, evidence ofa conviction is not admissible f the conviction has been witness may be considered as unwilling or host ae by the Gent en yon adequate showing of his och adverse Interest, unjustified T ify, of his or her having misled the party into calling him orher to the witness _Stand. oOo ‘The unwilling or pGGtile witness so declared, or the witness who is an averse may be Impeatl ie PAY HESEMINg him or her in all respects as TF he hhad been called by the adverse party, except by evidence of is or her bad 5c. He°or she may also be impeached and cross-cxamined by the adverse ° party, but such cross-examination must only be on the subject matter of his or her ‘geamination-in-chief-(12a) 5 (Seeds How winess impeached by evidence Before Swit can be impeached by evidence tat he ae has made at other tines ‘statements inconsistent with his or her present testimony, the statements must be sda im rc wl heen ons Wo eee porte presen and hearse must be asked whether he orshe mae uch statement and if fo, allowed to explain them, Ifthe statements bein writing they must be shown to {he witness before any question fs put to him acer concerning hem (13a) [Sec. 14. Evidence of good character of witness. ~ (Incorporated in Section $4, Rule 130) xceptthat R~ Sy? XH: conachen 7 lyr © MD CRIC. aes Pane ake d es Scanned with CamScannerte deth ae anny ———|_—_ p RECOLLECTION RECORDED | rainy Paccondl ach 9 bates refstched memory Xs) [Patt survtriger recerd diel AAT 0 odnuted ta Tithe net tha werting ~ Beet Fors inet sly ee, net lung adrttid asividint #) Brot brrding falt AOPUES yer tha Ate Sec eeS Scanned with CamScanner_—~ frome Sot. aso cause witness (0 be hep spartan tobe pe rom conversing with one another, directly or through intermediaries, until have been examined. (153) —_ wactusiey Tenner A witness may be allowed to ted [1 Course i DUTY H shall fn cowie Phe sinc ef tas ’ : es pyenteath MEMORY, memory respecting a fact by anything written oF recorded by > PME himself or herself, or under his or her direction, atthe time when the fact accurred, | PF FRREHE D or immediately thereafter or at any other time when the fact was fresh in his or her 246 tu gece” ‘memory and he or she knew that the same was correctly written or record ee he same was corectly written or reconded: but in mg such case, the writing or record-muist be prodced-and:may he inspected by the = . | may be inspected by the adverse party, who may, if he ¥ he chooses, cra may read it in evidence. A witness may ‘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) / eXamine the witness upon it and a writing or record, fea = { a din bi a! a oe aa Mast 4 oFemainder admissible: =When part of an act, declaration, conversation, writing oF recon! is given in evidence by one party, the whole of the same subject may be i he other, and when a detached act, declaration, convers act, dela For the purpose of their presentation in evidence, ~Zocuments are either public or private. [Ritctoaneaaed OAT -K new rele. 0 cia) (6) The written official acts, or records of the sovercign auth ; oes and tribunals, and public officers, S24 @S2 opplus a 4 a RD ‘dence A- ie se ackoowledgd before a scary public except lst wills and Cagis “'esamens; 15) i and To onc an fre bcnsen te Philspnce-an ect of souree; and K 7 apt (q)Public records, kept in the Philippines, bf private documents required by Iw anja 10 be entered therein, y Paget 25 Scanned with CamScanner Spar erconeecr7ol) ICC PE DP) muy nat OLEH us! ie ay airectroo peer pier c6 official bodies A Oe matentiallocurment offered as ity fnust be proved roof of priv ve a ‘authentic is received in evidence, it/due execution and authenti wing means: — (a) By anyone wholsaw the document executed or written; (b) By evidence of the genuineness of the signature or handwriting of the maker, o © jidence showing its due execution and suthenticit y other private document need: identi ich itis claimed obe,20) 1en evide thenticity of private document not necessary. — Where 4.6 o,4 ‘St dor my he ispridced fromacusiadyin AREER ‘which it-would naturally be found if genuine, and is unble by any alterations _ — focumedt 7 1 other evidence ofits authenticity nced be given. @PWeet fe po (SkE.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 ‘others upon which the witness has ected or been charged, and has thus acquired knowledge of the handwriting of such person. Evidence respecting the hendw ‘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) 5123) Public documents as evidence. — Documents consisting of entries in publie neludes Action 4 aenniar records made in the performance of a duty by a public officer ain fe) a fe evidence of the facts therein stated. All other public documents are evidence, even gos against a third person, of the fact which gave rise to their execution and of the date | of the latter. (23) te ee Sa Resize Prear of teal record! The record of public documents refered ton Paragrar (of Seton 19, when admissible for any purpose may be evidenced by as es Atte lo by the officer having the legal custody oft record, or by his leat, and accompanied, ifthe record is rat s, with a hat such officer has the custody, apt i the record is kept is in a foreign country, which is a < to a treaty of convention to which the Philippines is also a. ‘or consid wublie_ document such treaty or convention pursuant tc paragraph (c) of Section 19 hereof, the cert hall be i nena x Scanned with CamScanner-ountry which is not « contracting a tresty or convention referred to in the next preceding sentence, the cenificate may be made by a secretary of the embassy of legation, co consul, vice-consul, or agent or by any officer in the foreign service of the Philippines stationed in the foreign country in which the record is kept, a authenticated by the seal of his or her office. sul gener Of copy Mit Hata) Whenever a copy of a document or record is attested for the purpose of evid aitestation must state, in substance, ‘that the copy y 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) (SEER tremonain of publi record ~ Ay publi record, an ofl copy of which is admissible in evidence, must not be removed from the office in which it is ‘kept, excent upon order of @ court where the inspection of the record is essential to the just determination of a pending case. (26) “ — An authorized public record of a private Cocument 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) ER ofrecet. ~ A writen statement signed by an officer having, ‘custody of an official record or by his other deputy that, after ditigent search, no record or entry ofa specified tenor is found to exist in the records of his orher office, accompanied by a certificate as above provided, is admissible as evidence that the records of his or ha office contain no such record or entry. (28a) (Seep ui record npc - Any judicial record may be impeached y evidence of: (a) want of jurisdiction in the court or judicial officer; (b)Gollusion between the parties; or ((OMfFaud in the party offering the record, in respect to the proceedings. (29) SESW efter drm: Ee ee tale proved and ied as provided by law, may be presented in evidence without Pape ot VW peknoledord Pros? of Contents frol yeotet. XL q @ Wortter statement Ay saied by Cot DD diligend search, ® Certificate Z Scanned with CamScannerfurther proof, the certificate of acknowledement being prima facie evidence ofthe execution of the instrument or document involved. (30) eration in document, how to explain. ~ The party producing 2 document & Genuine which has been aliered and appears to have been altered after its sTeeuuo® in a part material to the question in dispute, must account for the alteration. He or she may show thatthe alteration was madeby another without hig ‘cher concurrence, or was made with the consent ofthe parties affected by it, or was orhervise properly or innocently made or thatthe alteration did not change the meaning o language of th i 5 instrument. fhe or she fils todo that, the document shall not be admissible in evidence. (la) (Riel - hee ‘hall be no difference between sealed and unsealed private ‘Scuments insofar as their admissibility as evidence is concemed. (32) (SS-385 Docimentor erence non wfc longs. — Documents written in an unofficial language shall not be admited as evidence, unless accompanied with ‘translation int E sl nglish or Filipino. To avoid interruption of proceedings, parties, or their atorneys are directed to have such translation prepared before tral. (33) Se ae: ‘The court shall consider no evidence which has not purpose for which the evidence is offered must be specified. (34) the witness is called to test Tewitness is called to testy ‘The offer of docupeffiary and obje evidence shall be made after the presentation of a partys testimonial evidence. 3a) VSEse) Gieticn TL ovjexion to afer of evidence must be made onlly ‘immediately after the offer is made. Objection tothe testimony of'a witness for ack of a formal offer must be made besins totestif, Objection to a question propounded in the ‘ourse of the oral examination of a witness must be made as soon as the grounds therefor become*feasonably apparent” ‘The grounds for the objections must be specified. (36a) TE] tren repeton of objection unnecessary When it becomes reasonably ‘appar inthe course ofthe cemnation ofa wines tat the querdons Being Propoundedarcof ie same clssas those o which ebjection hasbeen made, whether ‘such objection was sustained or overruled, it shall not be necessary to repeat the ett W A Scanned with CamScannerobjection, it being sufficient for the adverse party to record hi ‘objection to such class of questions. (37a) given immediately after the [SSIRMRwting. - The rating of the court must be given immediate objection is madi desires to inform itself ae ut the ruling shall always be the tighand ag gecarcar Such time as will give the party against whom i is made an opportunity to wieeT TH: Mow eaten situation presented by the ruling. The reason for sustaining or overruling an objection need not be stated. However, if the objection aed on two or more Grounds, ‘a ruling sustaining the objection on one or some of them must specify the ground or grounds relied upon: G8) (CSR) Sri ot freer — Sh wines answer ihe quesion ef the iverse party had the opportunity to voice fully its objection to the same, or where a.question i not objectionable, bu here a witness testifies without a question being posed or testifies beyond limits set by the court, or when_the witness docs a_narration instead of answering. the qui 1, and such objection is found to be meritorious, the cou 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, irelevant, or otherwise improper. (39a) (WSES40) Tender of exctuded evidence, -Idocuments or things offered in evidence are excluded by the court ReoTieror artaghed fo oF made part of the record. If the evidenet excluded is oral, the offerorfmay state forthe record he name and other personal circumstances of the witness oT the proposed testimony. (40) Ackil 2,2 BU -_ ULE TSS EIGHT AND SUFFICIENCY OF EVIDENCE FERIA Prepomteranceofevitence, how determined. — In civil cases, the party Paving De burden of proof must establish his or her case by a ele in determining where the preponde superior weight of evidence e 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, theit interest or want of interest, and also their personal eredibility so faras the same ma legitimately appear upon the tial, The court may also consider the nam witnesses, though the preponderance isnot necessarily withthe greater number, (1a) SEZ [Proof beyond reasonable doubt. — tna criminal ease, the accused ‘a acquital, unless his or her guilt is shown beyond reasonable doubt. Proof beyond reasonable doubt does not mean such a degree of proof as, exchiding Page 250625 OW entitled A Scanned with CamScannerPr Possibility of error, produces abso that degree of proof which produc judicial confession made Dy An accused conviction, unless coruboraied by evidence ame) (a) There is mgne than one circumstances te conta conviction in arunpreyadiced il. (2a) shat purmose may e “@Whetheeshe opinion is hase upon sufcient fists. lata bagubeouies (Whether Lis the product of reliable principles and method's; it wpplied the principles and methods reliably to the and ‘as the court may deem helpful to make such determination. () Sec. 6, Substantial evidence.~ In cases filed before administrative or quasi-judicial bodies, a fact may be deemed established if itis supported by substantial evidence, of that amount of relevant evidence which a reasonable mind might aceept as adequate to justify a conclusion. (5) sana fice ‘The court may stop the intro (estimony upon any particular point when the evidence upon Loin already so Tull Phat more witnesses to the same “expected to be additionally persuasive. 1 (6a) ‘on = 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) Ay/ Page 60426 v Scanned with CamScanner