showing that it was made through palpable mistake General Provisions or that no such admission was made. (2a) Section 1. Evidence defined. — Evidence is the means, sanctioned by these rules, of ascertaining RULE 130 in a judicial proceeding the truth respecting a matter of fact. (1) Rules of Admissibility Section 2. Scope. — The rules of evidence shall be the same in all courts and in all trials and A. OBJECT (REAL) EVIDENCE hearings, except as otherwise provided by law or Section 1. Object as evidence. — Objects as these rules. (2a) evidence are those addressed to the senses of the Section 3. Admissibility of evidence. — Evidence is court. When an object is relevant to the fact in admissible when it is relevant to the issue and is issue, it may be exhibited to, examined or viewed not excluded by the law of these rules. (3a) by the court. (1a) Section 4. Relevancy; collateral matters. — B. DOCUMENTARY EVIDENCE Evidence must have such a relation to the fact in Section 2. Documentary evidence. — Documents issue as to induce belief in its existence or non- as evidence consist of writing or any material existence. Evidence on collateral matters shall not containing letters, words, numbers, figures, be allowed, except when it tends in any reasonable symbols or other modes of written expression degree to establish the probability or improbability offered as proof of their contents. (n) of the fact in issue. (4a) 1. Best Evidence Rule Section 3. Original document must be RULE 129 produced; exceptions. — When the subject of inquiry is the contents of a document, no evidence What Need Not Be Proved shall be admissible other than the original Section 1. Judicial notice, when mandatory. — A document itself, except in the following cases: court shall take judicial notice, without the (a) When the original has been lost or introduction of evidence, of the existence and destroyed, or cannot be produced in court, territorial extent of states, their political history, without bad faith on the part of the offeror; forms of government and symbols of nationality, the (b) When the original is in the custody or law of nations, the admiralty and maritime courts of under the control of the party against whom the world and their seals, the political constitution the evidence is offered, and the latter fails to and history of the Philippines, the official acts of produce it after reasonable notice; legislative, executive and judicial departments of (c) When the original consists of numerous the Philippines, the laws of nature, the measure of accounts or other documents which cannot time, and the geographical divisions. (1a) be examined in court without great loss of Section 2. Judicial notice, when discretionary. — A time and the fact sought to be established court may take judicial notice of matters which are from them is only the general result of the of public knowledge, or are capable to whole; and unquestionable demonstration, or ought to be (d) When the original is a public record in known to judges because of their judicial functions. the custody of a public officer or is recorded (1a) in a public office. (2a) Section 3. Judicial notice, when hearing Section 4. Original of document. — necessary. — During the trial, the court, on its own (a) The original of the document is one the initiative, or on request of a party, may announce its contents of which are the subject of inquiry. intention to take judicial notice of any matter and (b) When a document is in two or more allow the parties to be heard thereon. copies executed at or about the same time, After the trial, and before judgment or on appeal, with identical contents, all such copies are the proper court, on its own initiative or on request equally regarded as originals. of a party, may take judicial notice of any matter (c) When an entry is repeated in the regular and allow the parties to be heard thereon if such course of business, one being copied from matter is decisive of a material issue in the case. another at or near the time of the (n) transaction, all the entries are likewise Section 4. Judicial admissions. — An admission, equally regarded as originals. (3a) verbal or written, made by the party in the course of 2. Secondary Evidence the proceedings in the same case, does not require Section 5. When original document is unavailable. instrument, where there are several provisions or — When the original document has been lost or particulars, such a construction is, if possible, to be destroyed, or cannot be produced in court, the adopted as will give effect to all. (9) offeror, upon proof of its execution or existence and Section 12. Interpretation according to the cause of its unavailability without bad faith on intention; general and particular provisions. — In his part, may prove its contents by a copy, or by a the construction of an instrument, the intention of recital of its contents in some authentic document, the parties is to be pursued; and when a general or by the testimony of witnesses in the order stated. and a particular provision are inconsistent, the latter (4a) is paramount to the former. So a particular intent Section 6. When original document is in adverse will control a general one that is inconsistent with it. party's custody or control. — If the document is in (10) the custody or under the control of adverse party, Section 13. Interpretation according to he must have reasonable notice to produce it. If circumstances. — For the proper construction of an after such notice and after satisfactory proof of its instrument, the circumstances under which it was existence, he fails to produce the document, made, including the situation of the subject thereof secondary evidence may be presented as in the and of the parties to it, may be shown, so that the case of its loss. (5a) judge may be placed in the position of those who Section 7. Evidence admissible when original language he is to interpret. (11) document is a public record. — When the original Section 14. Peculiar signification of terms. — The of document is in the custody of public officer or is terms of a writing are presumed to have been used recorded in a public office, its contents may be in their primary and general acceptation, but proved by a certified copy issued by the public evidence is admissible to show that they have a officer in custody thereof. (2a) local, technical, or otherwise peculiar signification, Section 8. Party who calls for document not bound and were so used and understood in the particular to offer it. — A party who calls for the production of instance, in which case the agreement must be a document and inspects the same is not obliged to construed accordingly. (12) offer it as evidence. (6a) Section 15. Written words control printed. — When 3. Parol Evidence Rule an instrument consists partly of written words and Section 9. Evidence of written agreements. — partly of a printed form, and the two are When the terms of an agreement have been inconsistent, the former controls the latter. (13) reduced to writing, it is considered as containing all Section 16. Experts and interpreters to be used in the terms agreed upon and there can be, between explaining certain writings. — When the characters the parties and their successors in interest, no in which an instrument is written are difficult to be evidence of such terms other than the contents of deciphered, or the language is not understood by the written agreement. the court, the evidence of persons skilled in However, a party may present evidence to modify, deciphering the characters, or who understand the explain or add to the terms of written agreement if language, is admissible to declare the characters or he puts in issue in his pleading: the meaning of the language. (14) (a) An intrinsic ambiguity, mistake or Section 17. Of Two constructions, which preferred. imperfection in the written agreement; — When the terms of an agreement have been (b) The failure of the written agreement to intended in a different sense by the different parties express the true intent and agreement of to it, that sense is to prevail against either party in the parties thereto; which he supposed the other understood it, and (c) The validity of the written agreement; or when different constructions of a provision are (d) The existence of other terms agreed to otherwise equally proper, that is to be taken which by the parties or their successors in interest is the most favorable to the party in whose favor the after the execution of the written agreement. provision was made. (15) The term "agreement" includes wills. (7a) Section 18. Construction in favor of natural right. 4. Interpretation Of Documents — When an instrument is equally susceptible of two Section 10. Interpretation of a writing according to interpretations, one in favor of natural right and the its legal meaning. — The language of a writing is to other against it, the former is to be adopted. (16) be interpreted according to the legal meaning it Section 19. Interpretation according to usage. — bears in the place of its execution, unless the An instrument may be construed according to parties intended otherwise. (8) usage, in order to determine its true character. (17) Section 11. Instrument construed so as to give C. TESTIMONIAL EVIDENCE effect to all provisions. — In the construction of an 1. Qualification of Witnesses Section 20. Witnesses; their qualifications. — his advice given thereon in the course of, or Except as provided in the next succeeding section, with a view to, professional employment, all persons who can perceive, and perceiving, can nor can an attorney's secretary, make their known perception to others, may be stenographer, or clerk be examined, without witnesses. the consent of the client and his employer, Religious or political belief, interest in the outcome concerning any fact the knowledge of which of the case, or conviction of a crime unless has been acquired in such capacity; otherwise provided by law, shall not be ground for (c) A person authorized to practice disqualification. (18a) medicine, surgery or obstetrics cannot in a Section 21. Disqualification by reason of mental civil case, without the consent of the patient, incapacity or immaturity. — The following persons be examined as to any advice or treatment cannot be witnesses: given by him or any information which he (a) Those whose mental condition, at the may have acquired in attending such patient time of their production for examination, is in a professional capacity, which information such that they are incapable of intelligently was necessary to enable him to act in making known their perception to others; capacity, and which would blacken the (b) Children whose mental maturity is such reputation of the patient; as to render them incapable of perceiving (d) A minister or priest cannot, without the the facts respecting which they are consent of the person making the examined and of relating them truthfully. confession, be examined as to any (19a) confession made to or any advice given by Section 22. Disqualification by reason of marriage. him in his professional character in the — During their marriage, neither the husband nor course of discipline enjoined by the church the wife may testify for or against the other without to which the minister or priest belongs; the consent of the affected spouse, except in a civil (e) A public officer cannot be examined case by one against the other, or in a criminal case during his term of office or afterwards, as to for a crime committed by one against the other or communications made to him in official the latter's direct descendants or ascendants. (20a) confidence, when the court finds that the Section 23. Disqualification by reason of death or public interest would suffer by the insanity of adverse party. — Parties or assignor of disclosure. (21a) parties to a case, or persons in whose behalf a 2. Testimonial Privilege case is prosecuted, against an executor or Section 25. Parental and filial privilege. — No administrator or other representative of a deceased person may be compelled to testify against his person, or against a person of unsound mind, upon parents, other direct ascendants, children or other a claim or demand against the estate of such direct descendants. (20a) deceased person or against such person of 3. Admissions and Confessions unsound mind, cannot testify as to any matter of Section 26. Admission of a party. — The act, fact occurring before the death of such deceased declaration or omission of a party as to a relevant person or before such person became of unsound fact may be given in evidence against him. (22) mind. (20a) Section 27. Offer of compromise not admissible. — Section 24. Disqualification by reason of privileged In civil cases, an offer of compromise is not an communication. — The following persons cannot admission of any liability, and is not admissible in testify as to matters learned in confidence in the evidence against the offeror. following cases: In criminal cases, except those involving quasi- (a) The husband or the wife, during or after offenses (criminal negligence) or those allowed by the marriage, cannot be examined without law to be compromised, an offer of compromised the consent of the other as to any by the accused may be received in evidence as an communication received in confidence by implied admission of guilt. one from the other during the marriage A plea of guilty later withdrawn, or an unaccepted except in a civil case by one against the offer of a plea of guilty to lesser offense, is not other, or in a criminal case for a crime admissible in evidence against the accused who committed by one against the other or the made the plea or offer. latter's direct descendants or ascendants; An offer to pay or the payment of medical, hospital (b) An attorney cannot, without the consent or other expenses occasioned by an injury is not of his client, be examined as to any admissible in evidence as proof of civil or criminal communication made by the client to him, or liability for the injury. (24a) Section 28. Admission by third party. — The rights derived from his own perception, except as of a party cannot be prejudiced by an act, otherwise provided in these rules. (30a) declaration, or omission of another, except as 6. Exceptions To The Hearsay Rule hereinafter provided. (25a) Section 37. Dying declaration. — The declaration Section 29. Admission by co-partner or agent. — of a dying person, made under The act or declaration of a partner or agent of the the consciousness of an impending death, may be party within the scope of his authority and during received in any case wherein his death is the the existence of the partnership or agency, may be subject of inquiry, as evidence of the cause and given in evidence against such party after the surrounding circumstances of such death. (31a) partnership or agency is shown by evidence other Section 38. Declaration against interest. — The than such act or declaration. The same rule applies declaration made by a person deceased, or unable to the act or declaration of a joint owner, joint to testify, against the interest of the declarant, if the debtor, or other person jointly interested with the fact is asserted in the declaration was at the time it party. (26a) was made so far contrary to declarant's own Section 30. Admission by conspirator. — The act interest, that a reasonable man in his position or declaration of a conspirator relating to the would not have made the declaration unless he conspiracy and during its existence, may be given believed it to be true, may be received in evidence in evidence against the co-conspirator after the against himself or his successors in interest and conspiracy is shown by evidence other than such against third persons. (32a) act of declaration. (27) Section 39. Act or declaration about pedigree. — Section 31. Admission by privies. — Where one The act or declaration of a person deceased, or derives title to property from another, the act, unable to testify, in respect to the pedigree of declaration, or omission of the latter, while holding another person related to him by birth or marriage, the title, in relation to the property, is evidence may be received in evidence where it occurred against the former. (28) before the controversy, and the relationship Section 32. Admission by silence. — An act or between the two persons is shown by evidence declaration made in the presence and within the other than such act or declaration. The word hearing or observation of a party who does or says "pedigree" includes relationship, family genealogy, nothing when the act or declaration is such as birth, marriage, death, the dates when and the naturally to call for action or comment if not true, places where these fast occurred, and the names and when proper and possible for him to do so, of the relatives. It embraces also facts of family may be given in evidence against him. (23a) history intimately connected with pedigree. (33a) Section 33. Confession. — The declaration of an Section 40. Family reputation or tradition regarding accused acknowledging his guilt of the offense pedigree. — The reputation or tradition existing in a charged, or of any offense necessarily included family previous to the controversy, in respect to the therein, may be given in evidence against him. pedigree of any one of its members, may be (29a) received in evidence if the witness testifying 4. Previous Conduct as Evidence thereon be also a member of the family, either by Section 34. Similar acts as evidence. — Evidence consanguinity or affinity. Entries in family bibles or that one did or did not do a certain thing at one time other family books or charts, engravings on rings, is not admissible to prove that he did or did not do family portraits and the like, may be received as the same or similar thing at another time; but it may evidence of pedigree. (34a) be received to prove a specific intent or knowledge; Section 41. Common reputation. — Common identity, plan, system, scheme, habit, custom or reputation existing previous to the controversy, usage, and the like. (48a) respecting facts of public or general interest more Section 35. Unaccepted offer. — An offer in writing than thirty years old, or respecting marriage or to pay a particular sum of money or to deliver a moral character, may be given in evidence. written instrument or specific personal property is, if Monuments and inscriptions in public places may rejected without valid cause, equivalent to the be received as evidence of common reputation. actual production and tender of the money, (35) instrument, or property. (49a) Section 42. Part of res gestae. — Statements 5. Testimonial Knowledge made by a person while a starting occurrence is Section 36. Testimony generally confined to taking place or immediately prior or subsequent personal knowledge; hearsay excluded. — A thereto with respect to the circumstances thereof, witness can testify only to those facts which he may be given in evidence as part of res gestae. So, knows of his personal knowledge; that is, which are also, statements accompanying an equivocal act material to the issue, and giving it a legal (a) the identity of a person about whom he significance, may be received as part of the res has adequate knowledge; gestae. (36a) (b) A handwriting with which he has Section 43. Entries in the course of business. — sufficient familiarity; and Entries made at, or near the time of transactions to (c) The mental sanity of a person with whom which they refer, by a person deceased, or unable he is sufficiently acquainted. to testify, who was in a position to know the facts The witness may also testify on his impressions of therein stated, may be received as prima the emotion, behavior, condition or appearance of a facie evidence, if such person made the entries in person. (44a) his professional capacity or in the performance of 8. Character Evidence duty and in the ordinary or regular course of Section 51. Character evidence not generally business or duty. (37a) admissible; exceptions: — Section 44. Entries in official records. — Entries in (a) In Criminal Cases: official records made in the performance of his duty (1) The accused may prove his good by a public officer of the Philippines, or by a person moral character which is pertinent to in the performance of a duty specially enjoined by the moral trait involved in the offense law, are prima facie evidence of the facts therein charged. stated. (38) (2) Unless in rebuttal, the Section 45. Commercial lists and the like. — prosecution may not prove his bad Evidence of statements of matters of interest to moral character which is pertinent to persons engaged in an occupation contained in a the moral trait involved in the offense list, register, periodical, or other published charged. compilation is admissible as tending to prove the (3) The good or bad moral character truth of any relevant matter so stated if that of the offended party may be proved compilation is published for use by persons if it tends to establish in any engaged in that occupation and is generally used reasonable degree the probability or and relied upon by them therein. (39) improbability of the offense charged. Section 46. Learned treatises. — A published (b) In Civil Cases: treatise, periodical or pamphlet on a subject of Evidence of the moral character of a party in history, law, science, or art is admissible as tending civil case is admissible only when pertinent to prove the truth of a matter stated therein if the to the issue of character involved in the court takes judicial notice, or a witness expert in the case. subject testifies, that the writer of the statement in (c) In the case provided for in Rule 132, the treatise, periodical or pamphlet is recognized in Section 14, (46a, 47a) his profession or calling as expert in the subject. (40a) Section 47. Testimony or deposition at a former RULE 131 proceeding. — The testimony or deposition of a witness deceased or unable to testify, given in a Burden of Proof and Presumptions former case or proceeding, judicial or Section 1. Burden of proof. — Burden of proof is administrative, involving the same parties and the duty of a party to present evidence on the facts subject matter, may be given in evidence against in issue necessary to establish his claim or defense the adverse party who had the opportunity to cross- by the amount of evidence required by law. (1a, 2a) examine him. (41a) Section 2. Conclusive presumptions. — The 7. Opinion Rule following are instances of conclusive presumptions: Section 48. General rule. — The opinion of witness (a) Whenever a party has, by his own is not admissible, except as indicated in the declaration, act, or omission, intentionally following sections. (42) and deliberately led to another to believe a Section 49. Opinion of expert witness. — The particular thing true, and to act upon such opinion of a witness on a matter requiring special belief, he cannot, in any litigation arising out knowledge, skill, experience or training which he of such declaration, act or omission, be shown to posses, may be received in evidence. permitted to falsify it: (43a) (b) The tenant is not permitted to deny the Section 50. Opinion of ordinary witnesses. — The title of his landlord at the time of opinion of a witness for which proper basis is given, commencement of the relation of landlord may be received in evidence regarding — and tenant between them. (3a) Section 3. Disputable presumptions. — The (t) That an endorsement of negotiable following presumptions are satisfactory if instrument was made before the instrument uncontradicted, but may be contradicted and was overdue and at the place where the overcome by other evidence: instrument is dated; (a) That a person is innocent of crime or (u) That a writing is truly dated; wrong; (v) That a letter duly directed and mailed (b) That an unlawful act was done with an was received in the regular course of the unlawful intent; mail; (c) That a person intends the ordinary (w) That after an absence of seven years, it consequences of his voluntary act; being unknown whether or not the absentee (d) That a person takes ordinary care of his still lives, he is considered dead for all concerns; purposes, except for those of succession. (e) That evidence willfully suppressed would The absentee shall not be considered dead for the be adverse if produced; purpose of opening his succession till after an (f) That money paid by one to another was absence of ten years. If he disappeared after the due to the latter; age of seventy-five years, an absence of five years (g) That a thing delivered by one to another shall be sufficient in order that his succession may belonged to the latter; be opened. (h) That an obligation delivered up to the The following shall be considered dead for all debtor has been paid; purposes including the division of the estate among (i) That prior rents or installments had been the heirs: paid when a receipt for the later one is (1) A person on board a vessel lost produced; during a sea voyage, or an aircraft (j) That a person found in possession of a with is missing, who has not been thing taken in the doing of a recent wrongful heard of for four years since the loss act is the taker and the doer of the whole of the vessel or aircraft; act; otherwise, that things which a person (2) A member of the armed forces possess, or exercises acts of ownership who has taken part in armed over, are owned by him; hostilities, and has been missing for (k) That a person in possession of an order four years; on himself for the payment of the money, or (3) A person who has been in the delivery of anything, has paid the money danger of death under other or delivered the thing accordingly; circumstances and whose existence (l) That a person acting in a public office has not been known for four years; was regularly appointed or elected to it; (4) If a married person has been (m) That official duty has been regularly absent for four consecutive years, performed; the spouse present may contract a (n) That a court, or judge acting as such, subsequent marriage if he or she whether in the Philippines or elsewhere, has well-founded belief that the was acting in the lawful exercise of absent spouse is already death. In jurisdiction; case of disappearance, where there (o) That all the matters within an issue is a danger of death the raised in a case were laid before the court circumstances hereinabove and passed upon by it; and in like manner provided, an absence of only two that all matters within an issue raised in a years shall be sufficient for the dispute submitted for arbitration were laid purpose of contracting a subsequent before the arbitrators and passed upon by marriage. However, in any case, them; before marrying again, the spouse (p) That private transactions have been fair present must institute a summary and regular; proceedings as provided in the (q) That the ordinary course of business has Family Code and in the rules for been followed; declaration of presumptive death of (r) That there was a sufficient consideration the absentee, without prejudice to for a contract; the effect of reappearance of the (s) That a negotiable instrument was given absent spouse. or indorsed for a sufficient consideration; (x) That acquiescence resulted from a belief (hh) That a printed or published book, that the thing acquiesced in was purporting contain reports of cases conformable to the law or fact; adjudged in tribunals of the country where (y) That things have happened according to the book is published, contains correct the ordinary course of nature and ordinary reports of such cases; nature habits of life; (ii) That a trustee or other person whose (z) That persons acting as copartners have duty it was to convey real property to a entered into a contract of copartneship; particular person has actually conveyed it to (aa) That a man and woman deporting him when such presumption is necessary to themselves as husband and wife have perfect the title of such person or his entered into a lawful contract of marriage; successor in interest; (bb) That property acquired by a man and a (jj) That except for purposes of succession, woman who are capacitated to marry each when two persons perish in the same other and who live exclusively with each calamity, such as wreck, battle, or other as husband and wife without the conflagration, and it is not shown who died benefit of marriage or under void marriage, first, and there are no particular has been obtained by their joint efforts, work circumstances from which it can be inferred, or industry. the survivorship is determined from the (cc) That in cases of cohabitation by a man probabilities resulting from the strength and and a woman who are not capacitated to the age of the sexes, according to the marry each other and who have acquire following rules: properly through their actual joint 1. If both were under the age of contribution of money, property or industry, fifteen years, the older is deemed to such contributions and their corresponding have survived; shares including joint deposits of money 2. If both were above the age sixty, and evidences of credit are equal. the younger is deemed to have (dd) That if the marriage is terminated and survived; the mother contracted another marriage 3. If one is under fifteen and the within three hundred days after such other above sixty, the former is termination of the former marriage, these deemed to have survived; rules shall govern in the absence of proof to 4. If both be over fifteen and under the contrary: sixty, and the sex be different, the (1) A child born before one hundred male is deemed to have survived, if eighty days after the solemnization the sex be the same, the older; of the subsequent marriage is 5. If one be under fifteen or over considered to have been conceived sixty, and the other between those during such marriage, even though it ages, the latter is deemed to have be born within the three hundred survived. days after the termination of the (kk) That if there is a doubt, as between two former marriage. or more persons who are called to succeed (2) A child born after one hundred each other, as to which of them died first, eighty days following the celebration whoever alleges the death of one prior to of the subsequent marriage is the other, shall prove the same; in the considered to have been conceived absence of proof, they shall be considered during such marriage, even though it to have died at the same time. (5a) be born within the three hundred Section 4. No presumption of legitimacy or days after the termination of the illegitimacy. — There is no presumption of former marriage. legitimacy of a child born after three hundred days (ee) That a thing once proved to exist following the dissolution of the marriage or the continues as long as is usual with things of separation of the spouses. Whoever alleges the the nature; legitimacy or illegitimacy of such child must prove (ff) That the law has been obeyed; his allegation. (6) (gg) That a printed or published book, purporting to be printed or published by public authority, was so printed or published; RULE 132 Presentation of Evidence Section 6. Cross-examination; its purpose and extent. — Upon the termination of the direct A. EXAMINATION OF WITNESSES examination, the witness may be cross-examined Section 1. Examination to be done in open court. by the adverse party as to many matters stated in — The examination of witnesses presented in a the direct examination, or connected therewith, with trial or hearing shall be done in open court, and sufficient fullness and freedom to test his accuracy under oath or affirmation. Unless the witness is and truthfulness and freedom from interest or bias, incapacitated to speak, or the questions calls for a or the reverse, and to elicit all important facts different mode of answer, the answers of the bearing upon the issue. (8a) witness shall be given orally. (1a) Section 7. Re-direct examination; its purpose and Section 2. Proceedings to be recorded. — The extent. — After the cross-examination of the entire proceedings of a trial or hearing, including witness has been concluded, he may be re- the questions propounded to a witness and his examined by the party calling him, to explain or answers thereto, the statements made by the judge supplement his answers given during the cross- or any of the parties, counsel, or witnesses with examination. On re-direct-examination, questions reference to the case, shall be recorded by means on matters not dealt with during the cross- of shorthand or stenotype or by other means of examination, may be allowed by the court in its recording found suitable by the court. discretion. (12) A transcript of the record of the proceedings made Section 8. Re-cross-examination. — Upon the by the official stenographer, stenotypist or recorder conclusion of the re-direct examination, the adverse and certified as correct by him shall be party may re-cross-examine the witness on matters deemed prima facie a correct statement of such stated in his re-direct examination, and also on proceedings. (2a) such other matters as may be allowed by the court Section 3. Rights and obligations of a witness. — A in its discretion. (13) witness must answer questions, although his Section 9. Recalling witness. — After the answer may tend to establish a claim against him. examination of a witness by both sides has been However, it is the right of a witness: concluded, the witness cannot be recalled without (1) To be protected from irrelevant, leave of the court. The court will grant or withhold improper, or insulting questions, and from leave in its discretion, as the interests of justice harsh or insulting demeanor; may require. (14) (2) Not to be detained longer than the Section 10. Leading and misleading interests of justice require; questions. — A question which suggests to the (3) Not to be examined except only as to witness the answer which the examining party matters pertinent to the issue; desires is a leading question. It is not allowed, (4) Not to give an answer which will tend to except: subject him to a penalty for an offense (a) On cross examination; unless otherwise provided by law; or (b) On preliminary matters; (5) Not to give an answer which will tend to (c) When there is a difficulty is getting direct degrade his reputation, unless it to be the and intelligible answers from a witness who very fact at issue or to a fact from which the is ignorant, or a child of tender years, or is fact in issue would be presumed. But a of feeble mind, or a deaf-mute; witness must answer to the fact of his (d) Of an unwilling or hostile witness; or previous final conviction for an offense. (3a, (e) Of a witness who is an adverse party or 19a) an officer, director, or managing agent of a Section 4. Order in the examination of an public or private corporation or of a individual witness. — The order in which the partnership or association which is an individual witness may be examined is as follows; adverse party. (a) Direct examination by the proponent; A misleading question is one which assumes as (b) Cross-examination by the opponent; true a fact not yet testified to by the witness, or (c) Re-direct examination by the proponent; contrary to that which he has previously stated. It is (d) Re-cross-examination by the opponent. not allowed. (5a, 6a, and 8a) (4) Section 11. Impeachment of adverse party's Section 5. Direct examination. — Direct witness. — A witness may be impeached by the examination is the examination-in-chief of a witness party against whom he was called, by contradictory by the party presenting him on the facts relevant to evidence, by evidence that his general reputation the issue. (5a) for truth, honestly, or integrity is bad, or by evidence that he has made at other times writing or record must be produced and may be statements inconsistent with his present, testimony, inspected by the adverse party, who may, if he but not by evidence of particular wrongful acts, chooses, cross examine the witness upon it, and except that it may be shown by the examination of may read it in evidence. So, also, a witness may the witness, or the record of the judgment, that he testify from such writing or record, though he retain has been convicted of an offense. (15) no recollection of the particular facts, if he is able to Section 12. Party may not impeach his own swear that the writing or record correctly stated the witness. — Except with respect to witnesses transaction when made; but such evidence must be referred to in paragraphs (d) and (e) of Section 10, received with caution. (10a) the party producing a witness is not allowed to Section 17. When part of transaction, writing or impeach his credibility. record given in evidence, the remainder, the A witness may be considered as unwilling or hostile remainder admissible. — When part of an act, only if so declared by the court upon adequate declaration, conversation, writing or record is given showing of his adverse interest, unjustified in evidence by one party, the whole of the same reluctance to testify, or his having misled the party subject may be inquired into by the other, and when into calling him to the witness stand. a detached act, declaration, conversation, writing or The unwilling or hostile witness so declared, or the record is given in evidence, any other act, witness who is an adverse party, may be declaration, conversation, writing or record impeached by the party presenting him in all necessary to its understanding may also be given respects as if he had been called by the adverse in evidence. (11a) party, except by evidence of his bad character. He Section 18. Right to respect writing shown to may also be impeached and cross-examined by the witness. — Whenever a writing is shown to a adverse party, but such cross-examination must witness, it may be inspected by the adverse party. only be on the subject matter of his examination-in- (9a) chief. (6a, 7a) B. AUTHENTICATION AND PROOF OF Section 13. How witness impeached by evidence DOCUMENTS of inconsistent statements. — Before a witness can Section 19. Classes of Documents. — For the be impeached by evidence that he has made at purpose of their presentation evidence, documents other times statements inconsistent with his present are either public or private. testimony, the statements must be related to him, Public documents are: with the circumstances of the times and places and (a) The written official acts, or records of the the persons present, and he must be asked official acts of the sovereign authority, whether he made such statements, and if so, official bodies and tribunals, and public allowed to explain them. If the statements be in officers, whether of the Philippines, or of a writing they must be shown to the witness before foreign country; any question is put to him concerning them. (16) (b) Documents acknowledge before a Section 14. Evidence of good character of notary public except last wills and witness. — Evidence of the good character of a testaments; and witness is not admissible until such character has (c) Public records, kept in the Philippines, of been impeached. (17) private documents required by law to the Section 15. Exclusion and separation of entered therein. witnesses. — On any trial or hearing, the judge All other writings are private. (20a) may exclude from the court any witness not at the Section 20. Proof of private document. — Before time under examination, so that he may not hear any private document offered as authentic is the testimony of other witnesses. The judge may received in evidence, its due execution and also cause witnesses to be kept separate and to be authenticity must be proved either: prevented from conversing with one another until all (a) By anyone who saw the document shall have been examined. (18) executed or written; or Section 16. When witness may refer to (b) By evidence of the genuineness of the memorandum. — A witness may be allowed to signature or handwriting of the maker. refresh his memory respecting a fact, by anything Any other private document need only be identified written or recorded by himself or under his direction as that which it is claimed to be. (21a) at the time when the fact occurred, or immediately Section 21. When evidence of authenticity of thereafter, or at any other time when the fact was private document not necessary. — Where a fresh in his memory and knew that the same was private document is more than thirty years old, is correctly written or recorded; but in such case the produced from the custody in which it would naturally be found if genuine, and is unblemished Section 27. Public record of a private by any alterations or circumstances of suspicion, no document. — An authorized public record of a other evidence of its authenticity need be given. private document may be proved by the original (22a) record, or by a copy thereof, attested by the legal Section 22. How genuineness of handwriting custodian of the record, with an appropriate proved. — The handwriting of a person may be certificate that such officer has the custody. (28a) proved by any witness who believes it to be the Section 28. Proof of lack of record. — A written handwriting of such person because he has seen statement signed by an officer having the custody the person write, or has seen writing purporting to of an official record or by his deputy that after be his upon which the witness has acted or been diligent search no record or entry of a specified charged, and has thus acquired knowledge of the tenor is found to exist in the records of his office, handwriting of such person. Evidence respecting accompanied by a certificate as above provided, is the handwriting may also be given by a admissible as evidence that the records of his office comparison, made by the witness or the court, with contain no such record or entry. (29) writings admitted or treated as genuine by the party Section 29. How judicial record impeached. — Any against whom the evidence is offered, or proved to judicial record may be impeached by evidence of: be genuine to the satisfaction of the judge. (23a) (a) want of jurisdiction in the court or judicial officer, Section 23. Public documents as (b) collusion between the parties, or (c) fraud in the evidence. — Documents consisting of entries in party offering the record, in respect to the public records made in the performance of a duty proceedings. (30a) by a public officer are prima facie evidence of the Section 30. Proof of notarial documents. — Every facts therein stated. All other public documents are instrument duly acknowledged or proved and evidence, even against a third person, of the fact certified as provided by law, may be presented in which gave rise to their execution and of the date of evidence without further proof, the certificate of the latter. (24a) acknowledgment being prima facie evidence of the Section 24. Proof of official record. — The record execution of the instrument or document involved. of public documents referred to in paragraph (a) of (31a) Section 19, when admissible for any purpose, may Section 31. Alteration in document, how to be evidenced by an official publication thereof or by explain. — The party producing a document as a copy attested by the officer having the legal genuine which has been altered and appears to custody of the record, or by his deputy, and have been altered after its execution, in a part accompanied, if the record is not kept in the material to the question in dispute, must account for Philippines, with a certificate that such officer has the alteration. He may show that the alteration was the custody. If the office in which the record is kept made by another, without his concurrence, or was is in foreign country, the certificate may be made by made with the consent of the parties affected by it, a secretary of the embassy or legation, consul or was otherwise properly or innocent made, or that general, consul, vice consul, or consular agent or the alteration did not change the meaning or by any officer in the foreign service of the language of the instrument. If he fails to do that, the Philippines stationed in the foreign country in which document shall not be admissible in evidence. the record is kept, and authenticated by the seal of (32a) his office. (25a) Section 32. Seal. — There shall be no difference Section 25. What attestation of copy must between sealed and unsealed private documents state. — Whenever a copy of a document or record insofar as their admissibility as evidence is is attested for the purpose of evidence, the concerned. (33a) attestation must state, in substance, that the copy Section 33. Documentary evidence in an unofficial is a correct copy of the original, or a specific part language. — Documents written in an unofficial thereof, as the case may be. The attestation must language shall not be admitted as evidence, unless be under the official seal of the attesting officer, if accompanied with a translation into English or there be any, or if he be the clerk of a court having Filipino. To avoid interruption of proceedings, a seal, under the seal of such court. (26a) parties or their attorneys are directed to have such Section 26. Irremovability of public record. — Any translation prepared before trial. (34a) public record, an official copy of which is admissible C. OFFER AND OBJECTION in evidence, must not be removed from the office in Section 34. Offer of evidence. — The court shall which it is kept, except upon order of a court where consider no evidence which has not been formally the inspection of the record is essential to the just offered. The purpose for which the evidence is determination of a pending case. (27a) offered must be specified. (35) Section 35. When to make offer. — As regards the evidence excluded is oral, the offeror may state for testimony of a witness, the offer must be made at the record the name and other personal the time the witness is called to testify. circumstances of the witness and the substance of Documentary and object evidence shall be offered the proposed testimony. (n) after the presentation of a party's testimonial evidence. Such offer shall be done orally unless allowed by the court to be done in writing. (n) Section 36. Objection. — Objection to evidence RULE 133 offered orally must be made immediately after the offer is made. Weight and Sufficiency of Evidence Objection to a question propounded in the course of the oral examination of a witness shall be made Section 1. Preponderance of evidence, how as soon as the grounds therefor shall become determined. — In civil cases, the party having reasonably apparent. burden of proof must establish his case by a An offer of evidence in writing shall be objected to preponderance of evidence. In determining where within three (3) days after notice of the unless a the preponderance or superior weight of evidence different period is allowed by the court. on the issues involved lies, the court may consider In any case, the grounds for the objections must be all the facts and circumstances of the case, the specified. (36a) witnesses' manner of testifying, their intelligence, Section 37. When repetition of objection their means and opportunity of knowing the facts to unnecessary. — When it becomes reasonably which there are testifying, the nature of the facts to apparent in the course of the examination of a which they testify, the probability or improbability of witness that the question being propounded are of their testimony, their interest or want of interest, the same class as those to which objection has and also their personal credibility so far as the been made, whether such objection was sustained same may legitimately appear upon the trial. The or overruled, it shall not be necessary to repeat the court may also consider the number of witnesses, objection, it being sufficient for the adverse party to though the preponderance is not necessarily with record his continuing objection to such class of the greater number. (1a) questions. (37a) Section 38. Ruling. — The ruling of the court must Section 2. Proof beyond reasonable doubt. — In a be given immediately after the objection is made, criminal case, the accused is entitled to an unless the court desires to take a reasonable time acquittal, unless his guilt is shown beyond to inform itself on the question presented; but the reasonable doubt. Proof beyond reasonable doubt ruling shall always be made during the trial and at does not mean such a degree of proof, excluding such time as will give the party against whom it is possibility of error, produces absolute certainly. made an opportunity to meet the situation Moral certainly only is required, or that degree of presented by the ruling. proof which produces conviction in an unprejudiced The reason for sustaining or overruling an objection mind. (2a) need not be stated. However, if the objection is based on two or more grounds, a ruling sustaining the objection on one or some of them must specify Section 3. Extrajudicial confession, not sufficient the ground or grounds relied upon. (38a) ground for conviction. — An extrajudicial Section 39. Striking out answer. — Should a confession made by an accused, shall not be witness answer the question before the adverse sufficient ground for conviction, unless corroborated party had the opportunity to voice fully its objection by evidence of corpus delicti. (3) to the same, and such objection is found to be meritorious, the court shall sustain the objection Section 4. Circumstantial evidence, when and order the answer given to be stricken off the sufficient. — Circumstantial evidence is sufficient record. for conviction if: On proper motion, the court may also order the striking out of answers which are incompetent, (a) There is more than one circumstances; irrelevant, or otherwise improper. (n) Section 40. Tender of excluded evidence. — If (b) The facts from which the inferences are documents or things offered in evidence are derived are proven; and excluded by the court, the offeror may have the same attached to or made part of the record. If the (c) The combination of all the circumstances Section 3. Notice and service. — The petitioner is such as to produce a conviction beyond shall thereafter serve a notice upon each person reasonable doubt. (5) named in the petition as an expected adverse party, together with a copy of a petition, stating that Section 5. Substantial evidence. — In cases filed the petitioner will apply to the court, at a time and before administrative or quasi-judicial bodies, a fact place named therein, for the order described in the may be deemed established if it is supported by petition. At least twenty (20) days before the date of substantial evidence, or that amount of relevant hearing the notice shall be served in the manner evidence which a reasonable mind might accept as provided for service of summons. adequate to justify a conclusion. (n) Section 4. Order of examination. — If the court is satisfied that the perpetuation of the testimony may Section 6. Power of the court to stop further prevent a failure or delay of justice, it shall make an evidence. — The court may stop the introduction of order designating or describing the persons whose further testimony upon any particular point when deposition may be taken and specifying the subject the evidence upon it is already so full that more matter of the examination, and whether the witnesses to the same point cannot be reasonably depositions shall be taken upon oral examination or expected to be additionally persuasive. But this written interrogatories. The depositions may then power should be exercised with caution. (6) be taken in accordance with Rule 24 before the hearing.p Section 7. Evidence on motion. — When a motion Section 5. Reference to court. — For the purpose is based on facts not appearing of record the court of applying Rule 24 to depositions for perpetuating may hear the matter on affidavits or depositions testimony, each reference therein to the court in presented by the respective parties, but the court which the action is pending shall be deemed to may direct that the matter be heard wholly or partly refer to the court in which the petition for such on oral testimony or depositions. (7) deposition was filed. Section 6. Use of deposition. — If a deposition to perpetuate testimony is taken under this rule, or if, although not so taken, it would be admissible in evidence, it may be used in any action involving the RULE 134 1 same subject matter subsequently brought in accordance with the provisions of Sections 4 and 5 Perpetuation of Testimony of Rule 24. Section 1. Petition. — A person who desires to Section 7. Depositions pending appeal. — If an perpetuate his own testimony or that of another appeal has been taken from a judgment of the person regarding any matter that may be Regional Trial Court or before the taking of an cognizable in any court of the Philippines, any file a appeal if the time therefor has not expired, the verified petition in the court of the province of the Regional Trial Court in which the judgment was residence of any expected adverse party. rendered may allow the taking of depositions of Section 2. Contents of petition. — The petition witnesses to perpetuate their testimony for use in shall be entitled in the name of the petitioner and the event of further proceedings in the said court. In shall show: (a) that the petitioner expects to be a such case the party who desires to perpetuate the party to an action in a court of the Philippines by is testimony may make a motion in the said Regional presently unable to bring it or cause it to be Trial Court for leave to take the depositions, upon brought; (b) the subject matter of the expected the same notice and service thereof as if the action action and his interest therein; (c) the facts which was pending therein. The motion shall show (a) the he desires to establish by the proposed testimony name and the addresses of the persons to be and his reasons for desiring to perpetuate it; (d) the examined and the substance of the testimony names of a description of the persons he expects which he expects to elicit from each; and (b) the will be adverse parties and their addresses so far reason for perpetuating their testimony. If the court as known; and (e) the names and addresses of the finds that the perpetuation of the testimony is persons to be examined and the substance of the proper to avoid a failure or delay of justice, it may testimony which he expects to elicit from each, and make an order allowing the depositions to be taken, shall ask for an order authorizing the petitioner to and thereupon the depositions may be taken and take the depositions of the persons to be examined used in the same manner and under the same named in the petition for the purpose of conditions as are prescribed in these rules for perpetuating their testimony. depositions taken in actions pending in the Regional Trial Court. (7a)