Instructionl Material in Rules-On-Evidence 2

Republic of the Philippines
BATANGAS STATE UNIVERSITY

The National Engineering University
JPLPC-Malvar
Malvar, Batangas
Tel. Nos.: (043) 778-2170/ (043) 406-0830 loc. 122
Website Address: http://www.batstate-u.edu.ph
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Instructional Material
(RULES ON EVIDENCE)
ARELLANO, ACE
DE TORRES, ANNA MARIEZ
HIDALGO, RODERICK JR.
MANALO, TRICIA MARIE

JPLPC-Malvar
Malvar, Batangas
Tel. Nos.: (043) 778-2170/ (043) 406-0830 loc. 122
2019 PROPOSED AMENDMENTS TO THE REVISED RULES ON

EVIDENCE
Articles 128-133
Objectives:
 Get to know the definition of evidence and its scope
 Get to know the rules of admissibility of evidence
 Discuss different kinds of evidences
 Get to know the qualifications of witnesses
 Discuss the difference of burden of proof and burden of evidence
 To know the different examinations of witnesses
 To understand the offer and objection of evidences
 To further understand the weight and sufficiency of evidence

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RULE 128
GENERAL PROVISIONS
Section 1. Evidence defined. – Evidence is the means, sanctioned by these rules, of ascertaining
in a judicial proceeding the truth respecting a matter of fact.
 Means of ascertainment- encompasses not just the procedure or method of ascertainment,
but also the evidential fact from which the truth of a fact can be determined.
 Sanctioned by the rules - not excluded by the rules of court
 In judicial proceeding - contemplates an action or proceeding filed in a court of law
 The truth respecting a matter of fact- refers to an issue of fact and is both substantive
(determine the fact needed to be established) and procedural (governs the manner of fact
of proving said facts)
Section 2. Scope. – The rules of evidence shall be the same in all courts and in all trials and
hearings, except as otherwise provided by law or these rules.
Section 3. Admissibility of evidence. – Evidence is admissible when it is relevant to the issue and
not excluded by the Constitution, the law or these Rules.
The evidence must be relevant and competent. Relevancy is such a relation to the fact in issue
to induce belief in its existence or non-existence and it has competency if not excluded by the
constitution, law or by the rules.
Section 4. Relevancy; collateral matters. – Evidence must have such a relation to the fact in
issue as to induce belief in its existence or non-existence. Evidence on collateral matters shall not
be allowed, except when it tends in any reasonable degree to establish the probability or
improbability of the fact in issue.
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Evidence must be related to the fact in issue in such a way that it induces belief in its existence
or nonexistence. Evidence on non-essential matters is not permitted unless it contributes to prove
the probability or improbability of the fact in question to a fair degree.
Rule 129
WHAT NEED NOT BE PROVED
Section 1. Judicial notice, when mandatory. – A court shall take judicial notice, without the
introduction of evidence, of the existence and territorial extent of states, their political history,
forms of government and symbols of nationality, the law of nations, the admiralty and maritime
courts of the world and their seals, the political constitution and history of the Philippines, official
acts of the legislative, executive and judicial departments of the National Government of the
Philippines, the laws of nature, the measure of time, and the geographical divisions.
 When we say judicial notice mandatory, the court has no option but to follow it.
 Judicial Notice Mandatory is a COMMON KNOWLEDGE unlike the Judicial Notice
discretionary where it is PUBLIC KNOWLEDGE.
Judicial Notice Mandatory is only applicable and apply to 9 statements:

1. Existence and territorial extent of states
2. Political history, forms of government and symbol and nationality
3. Law of nations
4. Admiralty and Maritime court of the world and their seals
5. Philippine constitution and history of the Philippines
6.Officials Acts legislative, executive, and judicial department of phil.
7. Laws of nature
8. Measures of time
9. Geographical Division.
Section 2. Judicial notice, when discretionary. – A court may take judicial notice of matters
which are of public knowledge, or are capable of
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unquestionable demonstration, or ought to be known to judges because of their judicial functions.

Requisites of Judicial Notice
1. Must be common or public knowledge
2. Must be well and authoratively settled and not doubtful
3. Must be subject to a reasonable dispute
(Matters of Common knowledge means)
- Matters which are generally accepted by mankind as true
Section 3. Judicial notice, when hearing necessary. – During the pre-trial and the trial, the court,
motu proprio or upon motion, shall hear the parties on the propriety of taking judicial notice of
any matter. Before judgment or on appeal, the court, motu proprio or upon motion, may take
judicial notice of any matter and shall hear the parties thereon if such matter is decisive of a
material issue in the case.
Section 4. Judicial admissions. – An admission, oral or written, made by [the] party in the course
of the proceedings in the same case, does not require proof. The admission may be contradicted
only by showing that it was made through palpable mistake or that the imputed admission was not,
in fact, made.
Elements of Judicial Admission.

1. Must be made by a party to the case.
2. Must be made in the course of the proceedings.
3. It can verbal or written.
Judicial Admission VS Extra Judicial Confession.

- Judicial Admission is made in the court of proceedings while Extra Judicial Confession is
made out of court.
- Pag Judicial Admission it must be subject to the Cross Examination while Extra Judicial
Confession is not subject to the cross examination.
- Pag Judicial Admission is conclusive presumption while Extra Judicial Confession is for
rebuttal
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- Pag Judicial Admission is self-serving evidence while Extra Judicial Confession is Not against
you.
EXTRA JUDICIAL ADMISSION IS ONLY ADMISSIBLE WHEN IT IS CORABORATTED

WITH THE EVIDENCE.
Chapter IV OBJECT AND DOCUMENTARY EVIDENCE

RULE 130 Rules of Admissibility
A. OBJECT (REAL) EVIDENCE Section
1. Object as evidence. — Objects as evidence are those addressed to the senses of the court. An
object may be presented to, examined by, or inspected by the court when it is pertinent to the matter
under discussion.
Nature of object evidence

• Object or real evidence, as defined by the Rules of Court, refers to evidence that is addressed to the
senses of the court.
- Real or object evidence is not a verbal description of something.
- It is not a replica or a mere representation of something.
- It is the real thing itself
- It consists of tangible things like a gun, a broken glass, a piece of bloody clothing or the
defective ladder that caused the fall of the plaintiff.
• Instead of relying on the recollection of the witness, an object evidence will enable the court to have
its own first-hand perception of the evidence.
• Object evidence could have a very persuasive effect on the part of the court
• Even a human being may be a form of real evidence. o Where the racial characteristics of a party
are at issue, the court may, at its discretion, view the person concerned.
• Object evidence is not visual alone. It covers the entire range of human senses: hearing, taste, smell,
and touch.
• Physical evidence is a mute but eloquent manifestation of truth, and it ranks high in our hierarchy of
trustworthy evidence - where the physical evidence runs counter to the testimonial evidence, the
physical evidence should prevail.
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Requisites for admissibility of object evidence (as amended)

• The basic requisites for the admissibility of an object or real evidence:
1. The evidence must be relevant;
2. The evidence must be authenticated;
3. The authentication must be made by a competent witness; and
4. The object must be formally offered in evidence.
• The admissibility of object or real evidence, like any other evidence, requires that the object be both
relevant and competent.
- To be relevant, the evidence must have a relationship to the fact in issue.
- To be competent, it must not be excluded by the Constitution, the rules, or by law.
Authentication
• For the object not to be excluded by the Rules, the same must pass the test of authentication.
• To authenticate the object, it must be shown that it is the very thing that is either the subject matter
of the lawsuit or the very one involved to prove an issue in the case.
• To authenticate the object, there must be someone who should identify the object to be the actual
thing involved in the litigation. This someone is the witness.
• Also, in giving credence to a testimony, the court takes into consideration the physical evidence. If
the testimony bears a striking similarity with the physical evidence, the testimony becomes worthy of
belief
• When the truth or falsity of a fact in issue may be explained by the presentation of an object, the
same may be exhibited before the court.
• After its authentication, the object needs to be offered in evidence at the appropriate time.
• The problem commonly lies in showing that the object sought to be admitted is, in fact, the real thing
and not a mere substitute or representation of the real thing.
• An object evidence, when offered in accordance with the requisites for its admissibility, becomes
evidence of the highest order and speaks more eloquently than witnesses put together.
Object evidence and the right against self-incrimination

• The right against self-incrimination cannot be invoked against object evidence.
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• In one early case, the accused-appellant argued that the admission as evidence of the victim's wallet,
together with its contents, viz., (1) his residence certificate; (2) his identification card; and (3) bunch
of keys, violated his right against self-incrimination.
Demonstrative evidence (as amended)

• Demonstrative evidence is not the actual thing but it is referred to as "demonstrative" because it
represents or demonstrates the real thing.
NOTE: IN THE AMENDED RULES, PHOTOGRAPHS, STORED IMAGES, X-RAY FILMS, VIDEOTAPES, AND
MOTION PICTURES ARE NOW CONSIDERED DOCUMENTARY EVIDENCE.
Photographs - Photographs of persons, things and places, when instructive to the understanding of
the case, will be admitted in evidence. For a still photograph to be admitted, the same must be relevant
and competent. It is competent (Note: See Documentary Evidence).
Motion pictures and recordings - The rules that apply to photographs generally apply to motion
pictures and recordings.
Tape recordings, in case of such, the witness should:

- dentify the speakers, o state how he recognizes their voices and
- that the recording was not taken in violation of the Anti-Wire-Tapping Law (R.A. 4200).
• The modern approach to motion pictures and recordings is reflected in local rules. Under the Rules
on Electronic Evidence, the authentication process need not involve the person who actually made the
recording.
X-ray pictures, also referred to as "skiagraphs" or "radiographs," are admissible when shown to have
been made under circumstances as to assure their accuracy and relevancy to a material issue in the
case.
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View of an object or scene

• Under Sec. 1 of Rule 130, when an object is relevant to the fact in issue, it may be exhibited to,
examined or viewed by the court. In this sense, object evidence has been referred to as "autoptic"
evidence.
• Courts have recognized that there are times when a party cannot bring an object to the court for
viewing in the courtroom. In such a situation, the court may take a view of an object.
• An inspection or view outside the courtroom should be made in the presence of the parties or at least
with previous notice to them.
Categories of object evidence

• For purposes of authentication of an object or for laying the foundation for the exhibit, object
evidence may be classified into the following:
1. Objects that have readily identifiable marks (unique objects);
2. Objects that are made readily identifiable (objects made unique); and
3. Objects with no identifying marks (non-unique objects).
B. DOCUMENTARY EVIDENCE
Section 2. Documentary evidence. — Documents as evidence consist of writings, recordings,

photographs or any material containing letters, words, sounds, numbers, figures, symbols, or their
equivalent, or other modes of written expression offered as proof of their contents.
Requisites for admissibility of documentary evidence

• The following are the requisites for the admissibility of documentary evidence:
a. The document must be relevant;
b. The evidence must be authenticated;
c. The document must be authenticated by a competent witness; and
d. The document must be formally offered in evidence.
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Section 3. Original document must be produced; exceptions. — When the subject of inquiry is the
contents of a document, writing, recording, photograph or other record, no evidence is admissible
other than the original document itself, except in the following cases:
(a) When the original is lost or destroyed, or cannot be produced in court, without bad faith on the part
of the offeror;
(b) When the original is in the custody or under the control of the party against whom the evidence is
offered, and the latter fails to produce it after reasonable notice, or the original cannot be obtained by
local judicial processes or procedures;
(c) When the original consists of numerous accounts or other documents which cannot be examined
in court without great loss of time and the fact sought to be established from them is only the general
result of the whole; and
(d) When the original is a public record in the custody of a public officer or is recorded in a public
office.
(e) When the original is not closely-related to a controlling issue.
Applicability of the rule (as amended)

• The original document rule does not apply to all types of evidence.
- It does not comprehend object and testimonial evidence.
- It only applies when the evidence is documentary.
• Also, it does not apply just because a document is offered in evidence.

- The rule only covers situations in which the subject of inquiry is the contents of the document.
• Subject to certain exceptions, under the original document rule, when the subject of inquiry relates
to the contents of a document, no evidence shall be admissible other than the original document itself.
• The key to the understanding of the original document rule is simply to remember that the rule cannot
be invoked unless the contents of a writing is the subject of judicial inquiry, in which case, the best
evidence is the original writing itself.
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Section 4. Original of document. —

(a) An “original” of a document is the document itself or any counterpart intended to have the same
effect by a person executing or issuing it. An “original” of a photograph includes the negative or any
print therefrom. If data is stored in a computer or similar device, any printout or other output readable
by sight or other means, shown to reflect the data accurately, is an “original”.
(b) A “duplicate” is a counterpart produced by the (1) same impression as the original, or from the (2)
same matrix, or by (3) means of photography, including enlargements and miniatures, or by
mechanical or electronic re-recording, or by (4) chemical reproduction, or by (5) other equivalent
techniques which accurately reproduce the original.
(c) A duplicate is admissible to the same extent as an original unless (1) a genuine question is raised
as to the authenticity of the original (not the duplicate), or (2) in the circumstances, it is unjust or
inequitable to admit the duplicate in lieu of the original.
2. Secondary Evidence Section
5. When original document is unavailable. — When the original document has been lost or
destroyed, or cannot be produced in court, the offeror, upon (1) proof of its execution or existence and
(2) the cause of its unavailability (3) without bad faith on his part, may prove its contents by a (a)
copy, or (b) by a recital of its contents in some authentic document, or (c) by the testimony of witnesses
in the order stated.
Section 6. When original document is in adverse party's custody or control. — If the document
is in the custody or under the control of adverse party, he must have reasonable notice to produce it.
If after such notice and after satisfactory proof of its existence, he fails to produce the document,
secondary evidence may be presented as in the case of its loss.
Section 7. Summaries. - When the contents of documents, records, photographs, or numerous

accounts are voluminous and cannot be examined in court without great loss of time, and the fact
sought to be established is only the general result of the whole, the contents of such evidence may be
presented in the form of a chart, summary or calculation. The originals shall be available for
examination or copying, or both, by the adverse party at a reasonable time and place.
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Section 8. Evidence admissible when original document is a public record. — When the original
of document is (1) in the custody of public officer or (2) is recorded in a public office, its contents
may be proved by a certified copy issued by the public officer in custody thereof.
Section 9. Party who calls for document not bound to offer it. — A party who calls for the
production of a document and inspects the same is not obliged to offer it as evidence.
4. Parol Evidence Rule Section
10. Evidence of written agreements. — When the terms of an agreement have been reduced to
writing, it is considered as containing all the terms agreed upon and there can be, as between the
parties and their successors in interest, no evidence of such terms other than the contents of the written
agreement.
However, a party may present evidence to modify, explain or add to the terms of written agreement if
he or she puts in issue in a verified pleading:
(a) An intrinsic ambiguity, mistake or imperfection in the written agreement;
(b) The failure of the written agreement to express the true intent and agreement of the parties thereto;
(c) The validity of the written agreement; or
(d) The existence of other terms agreed to by the parties or their successors in interest after the
execution of the written agreement.
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Distinctions between the original document rule and the Parol evidence rule
Section 11. Interpretation of a writing according to its legal meaning. — The language of a writing
is to be interpreted according to the legal meaning it bears in the place of its execution, unless the
parties intended otherwise.
Section 12. Instrument construed so as to give effect to all provisions. — In the construction of an
instrument, where there are several provisions or particulars, such a construction is, if possible, to be
adopted as will give effect to all.
Section 13. Interpretation according to intention; general and particular provisions. — In the
construction of an instrument, the intention of the parties is to be pursued; and when a general and a
particular provision are inconsistent, the latter is paramount to the former. So a particular intent will
control a general one that is inconsistent with it.
Section 14. Interpretation according to circumstances. — For the proper construction of an

instrument, the circumstances under which it was made, including the situation of the subject thereof
and of the partiesto it, may be shown, so that the judge may be placed in the position of those who
language he is to interpret.
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Section 15. Peculiar signification of terms. — The terms of a writing are presumed to have been
used in their primary and general acceptation, but evidence is admissible to show that they have a
local, technical, or otherwise peculiar signification, and were so used and understood in the particular
instance, in which case the agreement must be construed accordingly.
Section 16. Written words control printed. — When an instrument consists partly of written words
and partly of a printed form, and the two are inconsistent, the former controls the latter.
Section 17. Experts and interpreters to be used in explaining certain writings. — When the
characters in which an instrument is written are difficult to be deciphered, or the language is not
understood by the court, the evidence of persons skilled in deciphering the characters, or who
understand the language, is admissible to declare the characters or the meaning of the language.
Section 18. Of two constructions, which preferred. — When the terms of an agreement have been
intended in a different sense by the different parties to it, that sense is to prevail against either party in
which he supposed the other understood it, and when different constructions of a provision are
otherwise equally proper, that is to be taken which is the most favorable to the party in whose favor
the provision was made.
Section 19. Construction in favor of natural right. — When an instrument is equally susceptible of
two interpretations, one in favor of natural right and the other against it, the former is to be adopted.
Section 20. Interpretation according to usage. — An instrument may be construed according to usage,
in order to determine its true character.
C. TESTIMONIAL EVIDENCE
Nature of testimonial or oral evidence
• Testimonial or oral evidence is evidence elicited from the mouth of a witness as distinguished from
real and documentary evidence
• It is sometimes called viva voce evidence which literally means “living voice” or by word of mouth
• In this kind of evidence
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• When applied to a witness, competence means that the witness is qualified to take the stand and
testify.
• A witness is incompetent to testify o If a witness cannot perceive or even if he can perceive but he
cannot remember what he has perceived o If he has no personal knowledge of an event the truth of
which he wants to prove
• Experience and plain observation will tell us that the presentation and introduction of every kind of
evidence, whether it be object, demonstrative or documentary evidence, need the intervention of a
witness.
1. Qualification of Witnesses
Section 21. WITNESSES; THEIR QUALIFICATIONS

Except as provided in the next succeeding section, all persons
(1) who can perceive, and (2) perceiving, (3) can make their known perception to others, may be
witnesses.
Religious or political belief, interest in the outcome of the case, or conviction of a crime unless
otherwise provided by law, shall not be ground for disqualification. Basic qualifications of a witness:
(a) He can perceive; and
(b) He can make known his perception to others
(c) In addition, he must take either an oath or an affirmation (Sec. 1, Rule 132) (d) He must not
possess any of the disqualifications imposed by law or the rules
Oath or affirmation
• The willingness to take an oath or affirmation is an essential qualification of a witness
• No court would and should allow the testimony of someone who desires to testify but refuses to
swear and make an affirmation
• An oath or affirmation is necessary for the witness to recognize the duty to tell the truth
• The issue which a judge must resolve before a witness is allowed to take the stand is whether the
witness understands the nature of an oath, realizes the moral duty to tell the truth, and understands
the prospects of being punished for a falsehood
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[Section 21. Disqualification by reason of mental incapacity or immaturity. — Deleted

Provision]
SECTION 22: TESTIMONY CONFINED TO PERSONAL KNOWLEDGE — A witness can

testify only to those facts which he or she knows of his or her personal knowledge; that is which are
derived from his or her own perception.
SECTION 23: DISQUALIFICATION BY REASON OF MARRIAGE

During their marriage, the husband or the wife cannot
• testify against the other • without the consent of the affected spouse,
• except
- in a civil case by one against the other, or
- in a criminal case for a crime committed by one against the other or the latter’s direct
descendants or ascendants
Exceptions to the marital disqualification rule

(a) In a civil case by one against the other; or
a. This contemplates a situation where one spouse is a plaintiff or petitioner and the other
spouse is a defendant or respondent
b. Where the civil case is between a spouse and the direct descendants or ascendants of
the other, the marital disqualification rule still applies
(b) In a criminal case for a crime committed by one against the other, or the latter’s direct
descendants or ascendants
a. The privilege of one to testify against the other is not confined to crimes committed by one
against the other, but covers crimes committed by one against the direct descendants or ascendants
of the latter (i.e. children, parents).
b. In Ordono v. Daquigan, the Court concluded that a rape perpetrated by the father against
his daughter is a crime committed by him against his wife
c. Thus, when an offense directly attacks or directly and vitally impairs the conjugal relations,
it comes within the exception to the statute.
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d. Ex. Wife sues husband for fraudulently embezzling paraphernal funds; wife is sued for
adultery; annulment of marriage; husband is sued for bigamy.
SECTION 24: DISQUALIFICATION BY REASON OF PRIVILEGED
COMMUNICATION
The following persons cannot testify as to matters learned in confidence in the following cases:
(a) The husband or the wife,
- during or after the marriage,
- cannot be examined without the consent of the other
- as to any communication received in confidence by one from the other during the marriage
- Except:
 in a civil case by one against the other, or
 in a criminal case for a crime committed by one against the other or the latter's direct
descendants or ascendants;
(b) An attorney or person reasonably believed by the client to be licensed to engage in the practice
of law cannot,
- without the consent of the client,
- be examined as to any communication made by the client to him or her, or his or her advice
given thereon
- in the course of, or with a view to, professional employment,
- nor can an attorney’s secretary, stenographer, or clerk, or other persons assisting the attorney
be examined.
(c) A physician, psychotherapist or person reasonably believed by the patient to be authorized to
practice medicine or psychotherapy cannot in a civil case,
- without the consent of the patient,
- be examined as to any confidential communication made for the purpose of diagnosis or
treatment of the patient’s physical, mental or emotional condition, including alcohol or drug
addition,
- between patient and his or her physician or psychotherapist.
- This privilege also applies to persons, including members of the patient’s family, who have
participated in the diagnosis or treatment of the patient under the direction of the physician or
psychotherapist.
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(d) A minister, priest or person reasonably believed to be so cannot,

- without the consent of the affected person,
- be examined as to any communication or confession made to or any advice given by him or
her,
- in his or her professional character,
- in the course of discipline enjoined by the church to which the minster or priest belongs.
(e) A public officer cannot be examined
- during or after his or her tenure
- as to communications made to him or her in official confidence,
- when the court finds that the public interest would suffer by the disclosure.
Sec. 24 (b) Attorney-Client Privilege (As amended)

• REQUISITES
 There must be a communication made by the client to the attorney, or an advice given by
the attorney to his client
- Includes person reasonably believed by the client to be licensed to engage in the practice of
law
- The communication or advice must be given in confidence
- The communication or advice must be given either in the course of the professional
employment or with a view to professional employment
 The communications between the attorney and the client no longer need to be in the
course of an actual professional employment
 It is enough that the communication or advice be “with a view to” professional
employment
 Without the clause, it would seem extremely risky to consult an attorney for the first
time and communicate to them certain sensitive information without the protection of
confidentiality
• The privilege is not confined to communications regarding actual pending cases

• The communication may be oral or written but is deemed to extend to other forms of conduct, like
physical demonstration, as long as they are intended to be confidential o the communication between
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a client and his lawyer is not deemed lacking in confidentiality solely because the communication is
transmitted by facsimile, cellular telephone, or other electronic means
• A lawyer is bound to comply with Canon 21 of the Code of Professional Responsibility which states
that, "a lawyer shall preserve the confidences and secrets of his client even after the attorney-client
relation is terminated.
Sec. 24 (c). Physician-patient privilege (As amended)

• This privilege applies to a civil case, whether the patient is a party or not o Implies that the privilege
cannot be claimed in a criminal case presumably because the interest of the public in criminal
prosecution should be deemed more important than the secrecy of the communication
• It encourages free disclosure in the sickroom by preventing disclosure in the courtroom
• The person against whom the privilege is claimed is
- physician, psychotherapist or
- person reasonably believed by the patient to be authorized to practice medicine or
psychotherapy
- Also applies to persons, including members of the patient’s family, who have participated in
the diagnosis or treatment of the patient under the direction of the physician or psychotherapist
(applies to third parties)
• The information which cannot be disclosed refers to any confidential communication made for
the purpose of diagnosis or treatment of the patient’s physical, mental or emotional condition,
including alcohol or drug addition, between patients and his or her physician or psychotherapist.
• It is opined that the rule does not require that the relationship between the physician and the
patient be a result of a contractual relationship
• The privilege survives the death of the patient o Death does not permit the living to impair the
deceased’s name by disclosing communications held confidential by law
• The privileged may be waived, expressly or impliedly.
Sec. 24 (d). Priest/minister-penitent privilege (as amended)

• The person making the confession holds the privilege, and the priest or minister, or person
reasonably believed to be so, hearing the confession in his professional capacity is prohibited from
making a disclosure of the confession without the consent of the person confessing
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• The privilege also extends not only to a confession made by the penitent.
Sec. 24 (e). Privileged communications to public officers

• Communications made to a public officer in official confidence are privileged when the court
finds that the disclosure would adversely affect the public interest o It is the interest of the public
that is sought to be protected by the rule o Hence, the disclosure or non-disclosure is not dependent
on the will of the officer but on the determination by a competent court
• The privilege may not be invoked not only during the term of office of the public officer but also
afterward
• National security matters and State secrets are, of course, confidential and a court will likely
uphold the privilege
• 2019 amendment now includes “after his or her tenure”.
Elements of Presidential Communications Privilege:
1. The protected communication must relate to a “quintessential and non-delegable presidential
power.”
2. The communication must be authored or "solicited and received" by a close advisor of the
President or the President himself. The judicial test is that an advisor must be in "operational
proximity" with the President.
3. The presidential communications privilege remains a qualified privilege that may be overcome:
- By a showing of adequate need, such that the information sought "likely contains important
evidence" and
- By the unavailability of the information elsewhere by an appropriate investigating authority.
2. Testimonial Privilege
SECTION 25: PARENTAL AND FILIAL PRIVILEGE
No person shall be compelled to testify against his or her parents, other direct ascendants, children
or other direct descendants, except when such testimony is indispensable in a crime against that
person or by one parent against the other.
JPLPC-Malvar
Malvar, Batangas
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Parental and filial privilege (as amended)
SECTION 26: PRIVILEGE RELATING TO TRADE SECRETS

A person cannot be compelled to testify about any trade secret, unless the non-disclosure will:
- conceal fraud or
- otherwise work injustice.
When disclosure is directed, the court shall take such protective measure as the interest of the owner
of the trade secret and of the parties and the furtherance of justice may require.
SECTION 27: ADMISSION OF A PARTY

The act, declaration or omission of a party as to a relevant fact may be given in evidence against him.
Admission
• Any statement of fact made by a party against his interest or unfavorable to the conclusion for which
he contends or is inconsistent with the facts alleged by him
To be admissible, it must:
1. Involve matters of fact, and not of law;
2. Be categorical and definite;
3. Be knowingly and voluntarily made; and
4. Be adverse to the admitter’s interests, otherwise, it would be self-serving and inadmissible
Effects of admission
• This rule is based on the notion that no man would make any declaration against himself
- Unless it is true
JPLPC-Malvar
Malvar, Batangas
Tel. Nos.: (043) 778-2170/ (043) 406-0830 loc. 122
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Concept of admissions and confessions
SECTION 28: OFFER OF COMPROMISE NOT ADMISSIBLE

In civil cases, an offer of compromise is not an admission of any liability, and is not admissible in
evidence against the offeror. Neither is evidence of conduct nor statements made in compromise
negotiations admissible, except evidence otherwise discoverable or offered for another purpose, such
as :
• proving bias or prejudice of a witness,
• negativing a contention of undue delay, or
• proving an effort to obstruct a criminal investigation or prosecution.
JPLPC-Malvar
Malvar, Batangas
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SECTION 29: ADMISSION BY A THIRD PARTY

The rights of a party cannot be prejudiced by an act, declaration, or omission of another, except as
hereinafter provided.
Res inter alios acta [alteri nocere non debet]

• The expression if fully expressed reads: res inter alios acta alteri nocere non debet which literally
means that “things done between strangers ought not to injure those who are not parties to them.
• RATIONALE: On a principle of good faith and mutual convenience, a man’s own acts are binding
upon himself and are evidence against him. So are his conduct and declarations. Yet, it would not only
be rightly inconvenient, but also manifestly unjust, that a man should be bound by the acts of mere
unauthorized strangers; and if a party ought not to be bound by the acts of strangers, neither ought
their acts or conduct be used as evidence against him
• Exceptions (in relation to the first branch below):
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- Admission by a co-partner or agent

- Admission by a co-conspirator
- Admission by privies
• The basis for admitting the above admissions is that the person making the statement is under the
same circumstances as the person against whom it is offered.
SECTION 30: ADMISSION BY CO-PARTNER OR AGENTSECTION

The act or declaration of a partner or agent (1) authorized by the party to make a statement concerning
the subject, or (2) within the scope of his or her authority AND during the existence of the partnership
or agency, may be given in evidence against such party after the partnership or agency is shown by
evidence other than such or declaration. The same rule applies to the act or declaration of a joint
owner, joint debtor, or other person jointly interested with the party.
SECTION 31: ADMISSION BY CONSPIRATOR

The act or declaration of a conspirator (1) in furtherance of the conspiracy and (2) during its existence,
may be given in evidence against the co-conspirator after the conspiracy is shown by evidence other
than such act of declaration.
SECTION 32: ADMISSION BY PRIVIES

Where one derives title to property from another, the latter’s act, declaration, or omission, in relation
to the property, is evidence against the former if done while the latter was holding the title.
SETION 33: ADMISSION BY SILENCE

An act or declaration made (1) in the presence AND (2) within the hearing OR observation of a party
who does or says nothing when the act or declaration is such as naturally to call for action or
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comment if not true, and when proper and possible for him to do so, may be given in evidence against
him.
SECTION 34: CONFESSION

The declaration of an accused acknowledging his guilt of the offense charged, or of any offense
necessarily included therein, may be given in evidence against him.
SECTION 35: SIMILAR ACTS AS EVIDENCE

Evidence that one did or did not do a certain thing at one time is not admissible to prove that he did
or did not do the same or similar thing at another time; but it may be received to prove a specific intent
or knowledge; identity, plan, system, scheme, habit, custom or usage, and the like.
SECTION 36: UNACCEPTED OFFER

An offer in writing to pay a particular sum of money or to deliver a written instrument or specific
personal property is, if rejected without valid cause, equivalent to the actual production and tender of
the money, instrument, or property.
5. Hearsay
SECTION 37: HEARSAY
Hearsay is a statement other than one made by the declarant while testifying at a trial or hearing,
offered to prove the truth of the facts asserted therein. A statement is (1) an oral or written assertion
or (2) a non-verbal conduct of a person, if it is intended by him or her as an assertion. Hearsay evidence
is inadmissible except as otherwise provided in these Rules.
A statement is not hearsay if the declarant testifies at the trial or hearing and is subject to cross-
examination concerning the statement, and the statement is
(a) inconsistent with the declarant’s testimony, and was given under oath subject to the penalty of
perjury at a trial, hearing or other proceeding, or in a deposition;
(b) consistent with the declarant’s testimony and is offered to rebut an express or implied charge
against the declarant of recent fabrication or improper influence or motive; or
(c) one of identification of a person made after perceiving him or her.
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Malvar, Batangas
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Hearsay may be oral or written (As amended)

• The statement may be (i) oral or written or (ii) a non-verbal conduct of a person.
• The rule that excludes hearsay evidence applies to both written and oral statement
SECTION 38: DYING DECLARATION

The declaration of a dying person, made under the consciousness of an impending death, may be
received in any case wherein his or her death is the subject of inquiry, as evidence of the cause and
surrounding circumstances of such death.
Elements of a dying declaration

1. The declaration concerns the (1) cause and (2) the surrounding circumstances of the declarant’s
death;
2. It is made when death appears to be imminent and the declarant is under a consciousness of an
impending death;
3. The declarant would have been competent to testify had he or she survived; and
4. The dying declaration is offered in a case in which the subject of inquiry involves the declarant’s
death.
JPLPC-Malvar
Malvar, Batangas
Tel. Nos.: (043) 778-2170/ (043) 406-0830 loc. 122
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SECTION 39: STATEMENT OF DECEDENT OR PERSON OF UNSOUND MIND

In an action against an executor or administrator or other representative of a deceased person, or
against a person of unsound mind,
• upon a claim or demand against the estate of such deceased person or against such person of unsound
mind,
• where a party or assignor of a party or a person in whose behalf a case is prosecuted testifies on a
matter of fact occurring before the death of the deceased person or before the person became of
unsound mind,
Any statement of the deceased or the person of unsound mind, may be received in evidence if the
statement was made upon the personal knowledge of the deceased or the person of unsound mind at a
time when the matter had been recently perceived by him or her and while his or her recollection was
clear.
• Such statement, however, is inadmissible if made under circumstances indicating its lack of
trustworthiness.
DEAD MAN’S STATUTE

• Applies only to a civil case or a special proceeding over the estate of a deceased or insane person
• ELEMENTS: [OLD RULE]

 The suit is upon a claim by the plaintiff against the estate of said deceased or person of unsound
mind;
 The defendant in the case is the executor or administrator or a representative of the deceased
or the person of unsound mind;
 The witness is the plaintiff, or an assignor of that party, or a person in whose behalf the case
is prosecuted; and
 The subject of the testimony is as to any matter of fact occurring before the death of such
deceased person or before such person became of unsound mind.
JPLPC-Malvar
Malvar, Batangas
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SECTION 40: DECLARATION AGAINST INTEREST
The declaration made by a person deceased or unable to testify against the interest of the declarant, if
the fact asserted in the declaration was at the time it was made so far contrary to the declarant’s own
interest that a reasonable person in his or her position would not have made the declaration unless he
or she believed it to be true, may be received in evidence against himself or herself or his or her
successors in interest and against third persons.
SECTION 41: ACT OR DECLARATION ABOUT PEDIGREE

The act or declaration of a person deceased or unable to testify, in respect to the pedigree of another
person related to him or her
• by birth, adoption, or marriage or,
• in the absence thereof, with whose family he or she was so intimately associated as to be likely to
have accurate information concerning his or her pedigree,
• may be received in evidence where it occurred before the controversy, and
• the relationship between the two persons is shown by evidence other than such act or declaration.
The word “pedigree” includes relationship, family genealogy, birth, marriage, death, the dates when
and the places where these facts occurred, and the names of the relatives. It embraces also facts of
family history intimately connected with pedigree.
SECTION 42: FAMILY REPUTATION OR TRADITION REGARDING PEDIGREE

The reputation or tradition existing in a family previous to the controversy, in respect to the pedigree
of any one of its members, may be received in evidence if the witness testifying thereon be also a
member of the family, either by consanguinity, affinity, or adoption. • Entries in family bibles or other
family books or charts, engraving on rings, family portraits and the like, may be received as evidence
of pedigree.
JPLPC-Malvar
Malvar, Batangas
Tel. Nos.: (043) 778-2170/ (043) 406-0830 loc. 122
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SECTION 43: COMMON REPUTATION

• Common reputation existing previous to the controversy, as to boundaries of or customs affecting
lands in the community and
• reputation as to events of general history important to the community, or respecting marriage or
moral character, may be given in evidence.
• Monuments and inscriptions in public places may be received as evidence of common reputation.
SECTION 44: PART OF RES GESTAE

Statements made by a person while a startling occurrence is taking place or immediately prior or
subsequent thereto, under the stress of excitement caused by the occurrence with respect to the
circumstances thereof, may be given in evidence as part of the res gestae.
• So, also, statements accompanying an equivocal act material to the issue, and giving it a legal
significance, may be received as part of the res gestae.
Parts of the res gestae

• In a general way, res gestae refers to the circumstances, facts, and declarations that grow out of the
main fact and serve to illustrate its character and are so spontaneous and contemporaneous with the
main fact as to exclude the idea of deliberation and fabrication.
• The rule on res gestae encompasses the exclamations and statements made by either the participants,
victims, or spectators to a crime immediately before during, or immediately after the commission of
the crime
- When the circumstances are such that the statements were made as a spontaneous reaction or
utterance inspired by the excitement of the occasion and there was no opportunity for the
declarant to deliberate and fabricate a false statement
• The test of admissibility of evidence as a part of the res gestae is, therefore,
(1) whether the act, declaration, exclamation is so intimately interwoven or connected with the
principal fact or event that it characterizes as to be regarded as a part of the transaction itself, and also
(2) whether it clearly negatives any premeditation or purpose to manufacture testimony.
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Malvar, Batangas
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A. Spontaneousstatements (As amended)
• To be admitted, must have:

(a) There is a startling event or occurrence taking place
(b) A statement was made while the event is taking place, or immediately prior to, or subsequent
thereto;
(c) The statement was made under the stress of excitement caused by the occurrence; and
(d) The statement relates to the circumstances of the startling event or occurrence or that the
statements must concern the occurrence in question and its immediate attending circumstances.
B. Verbal Acts
• A verbal act presupposes a conduct that is equivocal or ambiguous, one which, in itself, does not
signify anything when taken separately.
- It only acquires a meaning, specifically what the rules call a legal significance, only because
of the statements that accompany the act.
- It is the statement contemporaneous with the act that identifies or indicates the character,
purpose or motive of the act.
• To be admissible:
- The principal act to be characterized must be equivocal (ambiguous)
- The equivocal act must be material to the issue
- The statement must accompany the equivocal act; and
- The statement gives a legal significance to the equivocal act
SECTION 45: RECORDS OF REGULARLY CONDUCTED BUSINESS ACTIVITY

• A memorandum, report, record or data compilation of
• acts, events, conditions, opinions or diagnoses,
• made by writing, typing, electronic, optical or other similar means
• at or near the time of or from transmission or supply of information by a person with knowledge
thereof, and
• kept in the regular course or conduct of a business activity, and
• such was the regular practice to make the memorandum, report, record, or data compilation by
electronic, optical or similar means,
• all of which are shown by the testimony of the custodian or other qualified witnesses,
• is excepted from the rule on hearsay evidence.
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Malvar, Batangas
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Requisites: (as amended)

1. The hearsay evidence to be admitted is a memorandum, report, record or data compilation of
acts, events, conditions, opinions or diagnoses
2. The record is made by writing, typing, electronic, optical or other similar means
3. It is regular practice to make the record through such means
4. The record was made at or near the time of or from transmission or supply of information by a
person with knowledge thereof
5. The record is usually kept in the regular course of business
6. A custodian or other qualified witness testifies to all of these
SECTION 46: ENTRIES IN OFFICIAL RECORDS

Entries in official records made in the performance of his or her duty by a public officer of the
Philippines, or by a person in the performance of a duty specially enjoined by law, are prima facie
evidence of the facts therein stated.
SECTION 47: COMMERCIAL LISTS AND THE LIKE

 Evidence of statements of matters of interest
 to persons engaged in an occupation
 contained in a list, register, periodical, or other published compilation o is admissible as
tending to prove the truth of any relevant matter so stated o if that compilation is
- published for use by persons engaged in that occupation and
- is generally used and relied upon by them therein.
SECTION 48: LEARNED TREATISES

- A published treatise, periodical or pamphlet
- on a subject of history, law, science, or art
- is admissible as tending to prove the truth of a matter stated therein
- if:
 the court takes judicial notice, or
 a witness expert in the subject testifies o that the writer of the statement in the treatise,
periodical or pamphlet is
 recognized in his or her profession or
 calling as expert in the subject.
JPLPC-Malvar
Malvar, Batangas
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SECTION 49: TESTIMONY OR DEPOSITION AT A FORMER PROCEEDING

The testimony or deposition of a witness deceased or out of the Philippines or who cannot, with due
diligence, be found therein, or is unavailable or otherwise unable to testify, given in a former case or
proceeding, judicial or administrative, involving the same parties and subject matter, may be given in
evidence against the adverse party who had the opportunity to cross examine him or her.
SECTION 50: RESIDUAL EXCEPTION

A statement not specifically covered by any of the foregoing exceptions, having equivalent
circumstantial guarantees of trustworthiness, is admissible if the court determines that
(a) the statement is offered as evidence of a material fact;
(b) the statement is more probative on the point for which it is offered than any other evidence
which the proponent can procure through reasonable efforts; and
(c) the general purposes of these rules and the interests of justice will be best served by admission
of the statement into evidence.
However, a statement may not be admitted under this exception unless the proponent makes
known to the adverse party, (1) sufficiently in advance of the hearing OR (2) by the pre-trial stage
in the case of a trial of the main case, to provide the adverse party with a fair opportunity to prepare
to meet it,
• the proponent’s intention to offer the statement and
• the particulars of it, including the name and address of the declarant
7. Opinion
Rule SECTION 51: GENERAL RULE

The opinion of witness is not admissible, except as indicated in the following sections.
Admissibility of opinion evidence

• Inadmissible because when a witness testifies, a witness does so only with respect to facts
personally observed by him and it is for the court to draw conclusions from the facts testified to.
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Malvar, Batangas
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SECTION 52: OPINION OF EXPERT WITNESS

The opinion of a witness on a matter requiring special knowledge, skill, experience, training or
education,(SK-SETE) which he or she is shown to possess, may be received in evidence.
SECTION 53: OPINION OF ORDINARY WITNESSES

The opinion of a witness for which proper basis is given, may be received in evidence regarding
(a) the identity of a person about whom he has adequate knowledge;
(b) A handwriting with which he has sufficient familiarity; and
(c) The mental sanity of a person with whom he is sufficiently acquainted. The witness may also
testify on his impressions of the emotion, behavior, condition or appearance of a person.
Opinion of an ordinary witness; when admissible

• The identity of a person about whom he has adequate knowledge;
• A handwriting with which he has sufficient familiarity;
• The mental sanity of a person with whom he is sufficiently acquainted; and
• The impressions of the witness of the emotion, behavior, condition or appearance of a person.
JPLPC-Malvar
Malvar, Batangas
Tel. Nos.: (043) 778-2170/ (043) 406-0830 loc. 122
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8. Character Evidence
SECTION 54: CHARACTER EVIDENCE NOT GENERALLY ADMISSIBLE;

EXCEPTIONS
Evidence of a person’s character or a trait of character is not admissible for the purpose of proving
action in conformity therewith on a particular occasion, except:
(a) In Criminal Cases:
(1) The character of the offended party may be proved if it tends to establish in any reasonable
degree the probability or improbability of the offense charged.
(2) The accused may prove his or her good moral character, pertinent to the moral trait
involved in the offense charged. However, the prosecution may not prove his or her bad moral
unless on rebuttal.
(b) In Civil Cases:
• Evidence of the moral character of a party in civil case is admissible only when pertinent to the
issue of character involved in the case.
(b) In Criminal and Civil Cases
• Evidence of the good character of a witness is not admissible until such character has been
impeached.
In all cases in which evidence of character or a trait of character of a person is admissible, proof may
be made by testimony as to reputation or by testimony in the form of an opinion. On cross-
examination, inquiry is allowable into relevant specific instances of conduct.
In cases in which character or a trait of character of a person is an essential element of a charge, claim
or defense, proof may also be made of specific instances of that person’s conduct.
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Malvar, Batangas
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RULE 131
BURDEN OF PROOF, BURDEN OF EVIDENCE AND PRESUMPTIONS
Section 1. Burden of proof and burden of evidence. - Burden of proof is the duty of a party to
present evidence on the facts in issue necessary to establish his or her claim or defense by the amount
of evidence required by law. Burden of proof never shifts.
- The "burden of proof" remains throughout the trial with the party upon whom it is imposed. It is the
"burden of evidence" that shifts from party to party during trial.
Burden of evidence is the duty of a party to present evidence sufficient to establish or rebut a fact in
issue to establish a prima facie case. Burden of evidence may shift from one party to the other in the
course of the proceedings, depending on the exigencies of the case.
- Burden of going forward, the burden of proving a fact in issue
- As a general rule, the burden of proof is on the prosecution, and it never shifts with the accused. But
there are exceptions, the justifying and exempting circumstances. In criminal cases, at the start of the
proceeding whoever has the burden of proof initially has the burden of evidence also.
Section 2. Conclusive presumptions. - The following are instances of conclusive presumptions:
(a) Whenever a party has, by his or her own declaration, act, or omission, intentionally and deliberately
led another to believe a particular thing true, and to act upon such belief, he or she cannot, in any
litigation arising out of such declaration, act or omission, be permitted to falsify it; and
(b) The tenant is not permitted to deny the title of his or her landlord at the time of the commencement
of the relation of landlord and tenant between them.
- Conclusive presumptions are those presumptions that are strong and cannot be overcome or change.
No evidence will be allowed to rebut it.
Section 3. Disputable presumptions. — The following presumptions are satisfactory if

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

(b) That an unlawful act was done with an unlawful intent;
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(c) That a person intends the ordinary consequences of his or her voluntary act;
(d) That a person takes ordinary care of his or her concerns;
(e) That evidence willfully suppressed would be adverse if produced;
(f) That money paid by one to another was due to the latter;
(g) That a thing delivered by one to another belonged to the latter;
(h) That an obligation delivered up to the debtor has been paid;
(i) That prior rents or installments had been paid when a receipt for the later one is produced;
(j) That a person found in possession of a thing taken in the doing of a recent wrongful act is the taker
and the doer of the whole act; otherwise, that things which a person possesses, or exercises acts of
ownership over, are owned by him or her;
(k) That a person in possession of an order on himself or herself for the payment of the money, or the
delivery of anything, has paid the money or delivered the thing accordingly;
(l) That a person acting in a public office was regularly appointed or elected to it;
(m) That official duty has been regularly performed;
(n) That a court, or judge acting as such, whether in the Philippines or elsewhere, was acting in the
lawful exercise of jurisdiction;
(o) That all the matters within an issue raised in a case were laid before the court and passed upon by
it; and in like manner that all matters within an issue raised in a dispute submitted for arbitration were
laid before the arbitrators and passed upon by them;
(p) That private transactions have been fair and regular;
(q) That the ordinary course of business has been followed;
(r) That there was a sufficient consideration for a contract;
(s) That a negotiable instrument was given or indorsed for a sufficient consideration;
(t) That an indorsement of a negotiable instrument was made before the instrument was overdue and
at the place where the instrument is dated;
(u) That a writing is truly dated;
(v) That a letter duly directed and mailed was received in the regular course of the mail;
(w) That after an absence of seven years, it being unknown whether or not the absentee still lives, he
or she is considered dead for all purposes, except for those of succession.
The absentee shall not be considered dead for the purpose of opening his or her succession until after
an absence often years. If he 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.
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The following shall be considered dead for all purposes including the division of the estate among the
heirs:
(1) A person on board a vessel lost during a sea voyage, or an aircraft which is missing, who has not
been heard of for four 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 circumstances and whose existence has not
been known for four years; and
(4) If a married person has been absent for four consecutive years, the spouse present may contract a
subsequent marriage if he or she has a well-founded belief that the absent spouse is already dead. In
case of disappearance, where there is a danger of death, 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;
(x) That acquiescence resulted from a belief that the thing acquiesced in was conformable to the law
or fact;
(y) That things have happened according to the ordinary course of nature and ordinary habits of life;
(z) That persons acting as copartners have entered into a contract of co-partnership;
(aa) That a man and woman deporting themselves as husband and wife have entered into a lawful
contract of marriage;
(bb) That property acquired by a man and a woman who are capacitated to marry each other and who
live exclusively with each other as husband and wife, without the benefit of marriage or under a void
marriage, has been obtained by their joint efforts, work or industry;
(cc) That in cases of cohabitation by a man and a woman who are not capacitated to marry each other
and who have acquired property through their actual joint contribution of money, property or industry,
such contributions and their corresponding shares, including joint deposits of money and evidences of
credit, are equal;
(dd) That if the marriage is terminated and the mother contracted another marriage within three
hundred days after such termination of the former marriage, these rules shall govern in the absence of
proof to the contrary:
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(1) A child born 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 born within
the three hundred days after the termination of the former marriage; and
(2) A child born after one hundred eighty (180) days following the celebration of the subsequent
marriage is considered to have been conceived during such marriage, even though it be born within
the three hundred days after the termination of the former marriage;
(ee) That a thing once proved to exist continues as long as is usual with things of that nature;
(ff) That the law has been obeyed;
(gg) That a printed or published book, purporting to be printed or published by public authority, was
so printed or published;
(hh) That a printed or published book, purporting to contain reports of cases adjudged in tribunals of
the country where the book is published, contains correct reports of such cases;
(ii) That a trustee or other person whose duty it was to convey real property to a particular person has
actually conveyed it to him or her when such presumption is necessary to perfect the title of such
person or his or her successor in interest;
(jj) That except for purposes of succession, when two persons perish in the same calamity, such as
wreck, battle, or conflagration, and it is not shown who died first, and there are no particular
circumstances from which it can be inferred, the survivorship is determined from the probabilities
resulting from the strength and the age of the sexes, according to the following rules:
1. If both were under the age of fifteen years, the older is deemed to have survived;
2. If both were above the age of sixty, the younger is deemed to have survived;
3. If one is under fifteen and the other above sixty, the former is deemed to have survived;
4. If both be over fifteen and under sixty, and the sex be different, the male is deemed to have survived,
if the sex be the same, the older; and
5. If one be under fifteen or over sixty, and the other between those ages, the latter is deemed to have
survived;
(kk) That if there is a doubt, as between two or more persons who are called to succeed each other, as
to which of them died first, whoever alleges the death of one prior to the other, shall prove the same;
in the absence of proof, they shall be considered to have died at the same time.
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Tel. Nos.: (043) 778-2170/ (043) 406-0830 loc. 122
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- Desputable presumption are those presumption which may be disputed opposed or refuted or
rebutted. Such presumption continue until overcome by proof to the contrary or by some stronger
presumption.
Section 4. No presumption of legitimacy or illegitimacy. - There is no presumption of legitimacy

or illegitimacy of a child born after three hundred days following the dissolution of the marriage or
the separation of the spouses. Whoever alleges the legitimacy or illegitimacy of such child must prove
his or her allegation.
- It may be recalled that children born or conceived of the wife during a marriage are presumed
legitimate. It is arguable then, that when the spouses are legally and de facto separated, there is no
presumption of legitimacy that attaches when legal and de facto separation coincide during the time
of concepcion of the child. Since there is no presumption that attaches, there is no need for the husband
to impugn any presumed legitimacy by adducing evidence
Section 5. Presumptions in civil actions and proceedings. — In all civil actions and proceedings
not otherwise provided for by the law or these Rules, a presumption imposes on the party against
whom it is directed the burden of going forward with evidence to rebut or meet the presumption.
If presumptions are inconsistent, the presumption that is founded upon weightier considerations of
policy shall apply. If considerations of policy are of equal weight, neither presumption applies.
- When not otherwise provided for by statute, judicial decision, or these rules, a presumption places
the weight of proof on the party against whom it is directed to go forward with evidence to refute or
meet the assumption, but it does not shift the duty of proof to that party
Section 6. Presumption against an accused in criminal cases. - If a presumed fact that establishes
guilt, is an element of the offense charged, or negates a defense, the existence of the basic fact must
be proved beyond reasonable doubt and the presumed fact follows from the basic fact beyond
reasonable doubt.
JPLPC-Malvar
Malvar, Batangas
Tel. Nos.: (043) 778-2170/ (043) 406-0830 loc. 122
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RULE 132
PRESENTATION OF EVIDENCE
A. EXAMINATION OF WITNESSES
Section 1. Examination to be done in open court. – The examination of witnesses presented in a

trial or hearing shall be done in open court, and under oath or affirmation. Unless the witness is
incapacitated to speak, or the question calls for a different mode of answer, the answers of the witness
shall be given orally.
Section 2. Proceedings to be recorded. – The entire proceedings of a trial or hearing, including the
questions propounded to a witness and his or her answers thereto, and the statements made by the
judge or any of the parties, counsel, or witnesses with reference to the case, shall be recorded by means
of shorthand or stenotype or by other means of recording found suitable by the court.A transcript of
the record of the proceedings made by the official stenographer, stenotypist or recorder and certified
as correct by him or her, shall be deemed prima facie a correct statement of such proceedings.
Section 3. Rights and obligations of a witness. – A witness must answer questions, although his or
her answer may tend to establish a claim against him or her. However, it is the right of a witness:
 (A) To be protected from irrelevant, improper, or insulting questions, and from harsh or insulting
demeanor;
 (B) Not to be detained longer than the interests of justice require;
 (C) Not to be examined except only as to matters pertinent to the issue;
 (D) Not to give an answer which will tend to subject him or her to a penalty for an offense unless
otherwise provided by law; or
 (E) Not to give an answer which will tend to degrade his or her reputation, unless it be to the very
fact at issue or to a fact from which the fact in issue would be presumed. But a witness must
answer to the fact of his or her previous final conviction for an offense.
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Section 4. Order in the examination of an individual witness. – The order in which an individual
witness may be examined is as follows:
 (A) Direct examination by the proponent;
 (B) Cross-examination by the opponent;
 (C) Re-direct examination by the proponent;
 (D) Re-cross[-]examination by the opponent.
Section 5. Direct examination. – Direct examination is the examination-in-chief of a witness by the

party presenting him or her on the facts relevant to the issue.
Section 6. Cross-examination; its purpose and extent. – Upon the termination of the direct
examination, the witness may be cross-examined by the adverse party on any relevant matter, with
sufficient fullness and freedom to test his or her accuracy and truthfulness and freedom from interest
or bias, or the reverse, and to elicit all important facts bearing upon the issue.
Section 7. Re-direct examination; its purpose and extent. – After the cross-examination of the
witness has been concluded, he or she may be re-examined by the party calling him or her to explain
or supplement his or her answers given during the cross-examination. On re-direct examination,
questions on matters not dealt with during the cross-examination may be allowed by the court in its
discretion.
Section 8. Re-cross[-]examination. – Upon the conclusion of the re-direct examination, the adverse
party may re-cross-examine the witness on matters stated in his or her re-direct examination, and also
on such other matters as may be allowed by the court in its discretion.
Section 9. Recalling witness. – After the examination of a witness by both sides has been concluded,
the witness cannot be recalled without leave of the court. The court will grant or withhold leave in its
discretion, as the interests of justice may require.
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Malvar, Batangas
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Section 10. Leading and misleading questions. – A question which suggests to the witness the
answer which the examining party desires is a leading question. It is not allowed, except:
 (A) On cross-examination;
 (B) On preliminary matters;
 (C) When there is difficulty in getting direct and intelligible answers from a witness who is
ignorant, a child of tender years, is of feeble mind, or a deaf-mute;
 (D) Of an unwilling or hostile witness; or
 (E) Of a witness who is an adverse party or an officer, director, or managing agent of a public or
private corporation or of a partnership or association which is an adverse party.
A misleading question is one which assumes as true a fact not yet testified to by the witness, or
contrary to that which he or she has previously stated. It is not allowed.
Section 11. Impeachment of adverse party’s witness. – A witness may be impeached by the party
against whom he or she was called, by contradictory evidence, by evidence that his or her general
reputation for truth, honesty, or integrity is bad, or by evidence that he or she has made at other times
statements inconsistent with his or her present testimony, but not by evidence of particular
wrongful acts, except that it may be shown by the examination of the witness, or record of the
judgment, that he or she has been convicted of an offense.
Section 12. Impeachment by evidence of conviction of crime. – For the purpose of impeaching a
witness, evidence that he or she has been convicted by final judgment of a crime shall be admitted if
the crime was punishable by a penalty in excess of one [(1)] year; or the crime involved moral
turpitude, regardless of the penalty.However, evidence of a conviction is not admissible if the
conviction has been the subject of an amnesty or annulment of the conviction.
Section 13. Party may not impeach his or her own witness. – Except with respect to witnesses
referred to Section 10 of this Rule, the party presenting the witness is not allowed to impeach his or
her credibility. A witness may be considered as unwilling or hostile only if so declared by the court
upon adequate showing of his or her adverse interest, unjustified reluctance to testify, or his or her
having misled the party into calling him or her to the witness stand.
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The unwilling or hostile witness so declared, or the witness who is an adverse party, may be impeached
by the party presenting him or her in all respects as if he or she had been called by the adverse party,
except by evidence of his or her bad character. He or she may also be impeached and cross-examined
by the adverse party, but such cross-examination must only be on the subject matter of his or her
examination-in-chief.
Section 14. How witness impeached by evidence of inconsistent statements. – Before a witness
can be impeached by evidence that he or she has made at other times statements inconsistent with his
or her present testimony, the statements must be related to him or her, with the circumstances of the
times and places and the persons present, and he or she must be asked whether he or she made such
statements, and if so, allowed to explain them. If the statements be in writing[,] they must be shown
to the witness before any question is put to him or her concerning them.
[Section 14. Evidence of good character of witness. – (Incorporated in Section 54, Rule 130)]
Section 15. Exclusion and separation of witnesses. – The court, motu proprio or upon motion, shall
order witnesses excluded so that they cannot hear the testimony of other witnesses. This rule does not
authorize exclusion of (a) a party who is a natural person, (b) a duly designated representative of a
juridical entity which is a party to the case, (c) a person whose presence is essential to the presentation
of the party’s cause, or (d) a person authorized by a statute to be present.The court may also cause
witnesses to be kept separate and to be prevented from conversing with one another, directly or
through intermediaries, until all shall have been examined.
Section 16. When witness may refer to memorandum. – A witness may be allowed to refresh his
or her memory respecting a fact by anything written or recorded by himself or herself, or under his or
her direction[,] at the time when the fact occurred, or immediately thereafter, or at any other time
when the fact was fresh in his or her memory and he or she knew that the same was correctly written
or recorded; but in such case[,] the writing or record must be produced and may be inspected by the
adverse party, who may, if he or she chooses, cross-examine the witness upon it and may read it in
evidence. A witness may also testify from such a writing or record, though he or she retains no
recollection of the particular facts, if he or she is able to swear that the writing or record correctly
stated the transaction when made; but such evidence must be received with caution.
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Section 17. When part of transaction, writing or record given in evidence, the remainder
admissible– When part of an act, declaration, conversation, writing or record is given in evidence by
one party, the whole of the same subject may be inquired into by the other, and when a detached act,
declaration, conversation, writing or record is given in evidence, any other act, declaration,
conversation, writing or record necessary to its understanding may also be given in evidence.
Section 18. Right to inspect writing shown to witness. – Whenever a writing is shown to a witness,
it may be inspected by the adverse party.
B. AUTHENTICATION AND PROOF OF DOCUMENTS
Section 19. Classes of documents. – For the purpose of their presentation in evidence, documents are
either public or private. Public documents are:
 (A) The written official acts, or records of the sovereign authority, official bodies and tribunals,
and public officers, whether of the Philippines, or of a foreign country;
 (B) Documents acknowledged before a notary public except last wills and testaments;
 (C) Documents that are considered public documents under treaties and conventions which are in
force between the Philippines and the country of source; and
 (D) Public records, kept in the Philippines, of private documents required by law to be entered
therein.
All other writings are private.
Section 20. Proof of private document[s]. – Before any private document offered as authentic is
received in evidence, its due execution and authenticity must be proved by any of the following means:
 (A) By anyone who saw the document executed or written;
 (B) By evidence of the genuineness of the signature or handwriting of the maker[;] or
 (C) By other evidence showing its due execution and authenticity.

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Any other private document need only be identified as that which it is claimed to be.
Section 21. When evidence of authenticity of private document not necessary. – Where a private
document is more than thirty (30) years old, is produced from a custody in which it would naturally
be found if genuine, and is unblemished by any alterations or circumstances of suspicion, no other
evidence of its authenticity need be given.
Section 22. How genuineness of handwriting proved. – The handwriting of a person may be proved
by any witness who believes it to be the handwriting of such person because he or she has seen the
person write, or has seen writing purporting to be his or hers upon which the witness has acted or been
charged, and has thus acquired knowledge of the handwriting of such person. Evidence respecting the
handwriting may also be given by a comparison, made by the witness or the court, with writings
admitted or treated as genuine by the party against whom the evidence is offered, or proved to be
genuine to the satisfaction of the judge.
Section 23. Public documents as evidence. – Documents consisting of entries in public records made
in the performance of a duty by a public officer are prima facie evidence of the facts therein stated.
All other public documents are evidence, even against a third person, of the fact which gave rise to
their execution and of the date of the latter.
Section 24. Proof of official record. – The record of public documents referred to in paragraph (a)
of Section 19, when admissible for any purpose, may be evidenced by an official publication thereof
or by a copy attested by the officer having the legal custody of the record, or by his or her deputy, and
accompanied, if the record is not kept in the Philippines, with a certificate that such officer has the
custody.
If the office in which the record is kept is in a foreign country, which is a contracting party to a treaty
or convention to which the Philippines is also a party, or considered a public document under such
treaty or convention pursuant to Section 19 hereof, the certificate or its equivalent shall be in the form
prescribed by such treaty or convention subject to reciprocity granted to public documents originating
from the Philippines.
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Malvar, Batangas
Tel. Nos.: (043) 778-2170/ (043) 406-0830 loc. 122
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For documents originating from a foreign country which is not a contracting party to a treaty or
convention referred to in the next preceding sentence, the certificate may be made by a secretary of
the embassy or legation, consul general, consul, vice-consul, or consular agent or by any officer in the
foreign service of the Philippines stationed in the foreign country in which the record is kept, and
authenticated by the seal of his [or her] office.
A document that is accompanied by a certificate or its equivalent may be presented in evidence without
further proof, the certificate or its equivalent being prima facie evidence of the due execution and
genuineness of the document involved. The certificate shall not be required when a treaty or
convention between a foreign country and the Philippines has abolished the requirement, or has
exempted the document itself from this formality.
Section 25. What attestation of copy must state. – Whenever a copy of a document or record is
attested for the purpose of evidence, the attestation must state, in substance, that the copy is a correct
copy of the original, or a specific part thereof, as the case may be. The attestation must be under the
official seal of the attesting officer, if there be any, or if he or she be the clerk of a court having a seal,
under the seal of such court.
Section 26. Irremovability of public record. – Any public record, an official copy of which is
admissible in evidence, must not be removed from the office in which it is kept, except upon order of
a court where the inspection of the record is essential to the just determination of a pending case.
Section 27. Public record of a private document. – An authorized public record of a private
document may be proved by the original record, or by a copy thereof, attested by the legal custodian
of the record, with an appropriate certificate that such officer has the custody.
Section 28. Proof of lack of record. – A written statement signed by an officer having the custody of
an official record or by his or her deputy that[,] after diligent search[,] no record or entry of a specified
tenor is found to exist in the records of his or her office, accompanied by a certificate as above
provided, is admissible as evidence that the records of his or her office contain no such record or entry.
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Malvar, Batangas
Tel. Nos.: (043) 778-2170/ (043) 406-0830 loc. 122
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Section 29. How judicial record impeached. – Any judicial record may be impeached by evidence
of:
 (A) want of jurisdiction in the court or judicial officer[;]
 (B) collusion between the parties[;] or
 (C) fraud in the party offering the record, in respect to the proceedings.
Section 30. Proof of notarial documents. – Every instrument duly acknowledged or proved and
certified as provided by law, may be presented in evidence without further proof, the certificate of
acknowledgment being prima facie evidence of the execution of the instrument or document involved.
Section 31. Alteration in document, how to explain. – The party producing a document as genuine
which has been altered and appears to have been altered after its execution, in a part material to the
question in dispute, must account for the alteration. He or she may show that the alteration was made
by another, without his or her concurrence, or was made with the consent of the parties affected by it,
or was otherwise properly or innocently made, or that the alteration did not change the meaning or
language of the instrument. If he or she fails to do that, the document shall not be admissible in
evidence.
Section 32. Seal. – There shall be no difference between sealed and unsealed private documents
insofar as their admissibility as evidence is concerned.
Section 33. Documentary evidence in an unofficial language. – Documents written in an unofficial

language shall not be admitted as evidence, unless accompanied with a translation into English or
Filipino. To avoid interruption of proceedings, parties or their attorneys are directed to have such
translation prepared before trial.
C. OFFER AND OBJECTION
Section 34. Offer of evidence. – The court shall consider no evidence which has not been formally
offered. The purpose for which the evidence is offered must be specified.
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Malvar, Batangas
Tel. Nos.: (043) 778-2170/ (043) 406-0830 loc. 122
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Section 35. When to make offer. – All evidence must be offered orally.
The offer of the testimony of a witness in evidence must be made at the time the witness is called to
testify.
The offer of documentary and object evidence shall be made after the presentation of a party’s
testimonial evidence.
Section 36. Objection. – Objection to off er of evidence must be made orally immediately after the
offer is made.
Objection to the testimony of a witness for lack of a formal offer must be made as soon as the witness
begins to testify. Objection to a question propounded in the course of the oral examination of a witness
must be made as soon as the grounds therefor become reasonably apparent.
The grounds for the objections must be specified.
Section 37. When repetition of objection unnecessary. – When it becomes reasonably apparent in
the course of the examination of a witness that the questions being propounded are of the same class
as those to which objection has been made, whether such objection was sustained or overruled, it shall
not be necessary to repeat the objection, it being sufficient for the adverse party to record his or her
continuing objection to such class of questions.
Section 38. Ruling. – The ruling of the court must be given immediately after the objection is made,
unless the court desires to take a reasonable time to inform itself on the question presented; but the
ruling shall always be made during the trial and at such time as will give the party against whom it is
made an opportunity to meet the situation presented by the ruling.
The reason for sustaining or overruling an objection need not be stated. However, if the objection is
based on two [(2)] or more grounds, a ruling sustaining the objection on one [(1)] or some of them
must specify the ground or grounds relied upon.
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Section 39. Striking out of answer. – Should a witness answer the question before the adverse party
had the opportunity to voice fully its objection to the same, or where a question is not objectionable,
but the answer is not responsive, or where a witness testifies without a question being posed or testifies
beyond limits set by the court, or when the witness does a narration instead of answering the question,
and such objection is found to be meritorious, the court shall sustain the objection and order such
answer, testimony or narration to be stricken off the record.
On proper motion, the court may also order the striking out of answers which are incompetent,
irrelevant, or otherwise improper.
Section 40. Tender of excluded evidence. – If documents or things offered in evidence are excluded
by the court, the offeror may have the same attached to or made part of the record. If the evidence
excluded is oral, the offeror may state for the record the name and other personal circumstances of the
witness and the substance of the proposed testimony.
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Malvar, Batangas
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______________________________________________________________________________
RULE 133
WEIGHT AND SUFFICIENCY OF EVIDENCE
Section 1. Preponderance of evidence, how determined. - In civil cases, the party having the burden
of proof must establish his or her case by a preponderance of evidence. In determining where the
preponderance or superior weight of evidence on the issues involved lies, the court may consider all
the facts and circumstances of the case, the witnesses' manner of testifying, their intelligence, their
means and opportunity of knowing the facts to which they are testifying, the nature of the facts to
which they testify, the probability or improbability of their testimony, their interest or want of interest,
and also their personal credibility so far as the same may legitimately appear upon the trial. The court
may also consider the number of witnesses, though the preponderance is not necessarily with the
greater number.
• Preponderance of evidence:
- Burden of proof in civil cases
- Is the weight, credit, and value of the aggregate evidence on either side
- Synonymous with the term "greater weight of evidence" or "greater weight of credible evidence
- It is presumed that a person is innocent of wrong; that a person takes ordinary care of his concerns;
that private transactions have been fair and regular; and that the ordinary course of business has been
followed.
Section 2. Proof beyond reasonable doubt. - In a criminal case, the accused is entitled to an acquittal,
unless his or her guilt is shown beyond reasonable doubt. Proof beyond reasonable doubt does not
mean such a degree of proof as, excluding possibility of error, produces absolute certainty. Moral
certainty only is required, or that degree of proof which produces conviction in an unprejudiced mind.
• Proof Beyond Reasonable doubt:
- Burden ot proot in criminal cases.
- Does not mean such a degree of proof, excluding possibility of error, produces absolute certainty
moral certainty only is required, or that degree of proof which produces convicton in an unprejudiced
mind.
- Still the standard for criminal prosecutions under the Intellectual Property Code.
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Section 3. Extrajudicial confession, not sufficient ground for conviction. - An extrajudicial

confession made by an accused shall not be sufficient ground for conviction, unless corroborated by
evidence of corpus delicti.
- Extrajudicial confessions of the accused in a criminal, case are universally recognized as admissible
in evidence against him, based on the presumption that no one would declare anything against himself
unless such declarations were true. Accordingly, it has been held that a confession constitutes an
evidence of a high order since it is supported by the strong presumption that no person of normal mind
would deliberately and knowingly confess to a crime unless prompted by truth and conscience.
- In law, corpus delicti means the fact of the commission of the crime.
Section 4. Circumstantial evidence, when sufficient. - Circumstantial evidence is sufficient for
conviction if:
(a) There is more than one circumstance;

(b) The facts from which the inferences are derived are proven; and
(c) The combination of all the circumstances is such as to produce a conviction beyond reasonable
doubt.
- Circumstantial evidence allows a trier of fact to infer that a fact exists. In criminal law, the inference
is made by the trier of fact to support the truth of an assertion (of guilt or absence of guilt).
Inferences cannot be based on other inferences. (You need to have personal knowledge about those
circumstances, because the knowledge of other people is not possible.)
Section 5. Weight to be given opinion of expert witness, how determined. - In any case where the
opinion of an expert witness is received in evidence, the court has a wide latitude of discretion in
determining the weight to be given to such opinion, and for that purpose may consider the following:
(a) Whether the opinion is based upon sufficient facts or data;

(b) Whether it is the product of reliable principles and methods;
(c) Whether the witness has applied the principles and methods reliably to the facts of the case; and
(d) Such other factors as the court may deem helpful to make such determination.
- An Expert Witness can be anyone with knowledge or experience of a particular field or discipline
beyond that to be expected of a layman. The Expert Witness's duty is to give to the Court or tribunal
an impartial opinion on particular aspects of matters within his expertise which are in dispute.
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Section 6. Substantial evidence. - In cases filed before administrative or quasi-judicial bodies, a fact
may be deemed established if it is supported by substantial evidence, or that amount of relevant
evidence which a reasonable mind might accept as adequate to justify a conclusion.
• Substantial Evidence:
- Burden of proof in administrative or quasi-judicial bodies.
- Means "that amount of relevant evidence which a reasonable mind might accept as adequate to justify
a conclusion.
- Affidavits may be sufficient to establish substantial evidence.
Section 7. Power of the court to stop further evidence. — The court may stop the introduction of
further testimony upon any particular point when the evidence upon it is already so full that more
witnesses to the same point cannot be reasonably expected to be additionally persuasive. This power
shall be exercised with caution.
- More often than not, after presenting the vital witness, counsel will call another witness to the stand
for the purpose of corroborating the testimony given by the vital witness. In this instance, the court
has the power to stop the introduction of further evidence as the testimony of a single witness, if found
credible and positive is sufficient to convict for the truth is establish not by the number of witness but
by the quality of their testimonies.
Note: That the exercise of this power shall always be with great caution so as to avoid any suspicion
of bias.
Section 8. Evidence on motion. - When a motion is based on facts not appearing of record, the court
may hear the matter on affidavits or depositions presented by the respective parties, but the court may
direct that the matter be heard wholly or partly on oral testimony or depositions.
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QUIZZES
RULE 128
1. In a case of robbery, is the fact that the suspect is a millionaire relevant evidence?
A. Yes, because it is related to the factum probandum.
B. No, because it does not induce belief the existence or non-existence of robbery.
C. Yes, because when it tends to establish the probability or improbability of robbery.
D. No, because character evidence is inadmissible.
2. Pat. Woman Selena, while on patrol, saw a person with a bulk on the latter’s hip/waist. As a
police officer for 30 years, it is reasonable for her to believe that such bulk on the waist is a firearm.
She approached the person and frisks the latter. Indeed, it was a firearm. Pat Woman Selena then
seized the firearm and arrest the person. Is the firearm admissible?
A. Yes, obviously it can prove whether or not the person is guilty of illegal possession of
firearm.
B. Yes, he was conducting a patrol, therefore he is performing a lawful act.
C. No, she did not heed on the SOP as to seizure of firearms as evidence.
D. No, it is a violation of the person’s constitutional right
3. Robin killed Batman; the latter was found dead in his bed around 5 in the morning. The
deceased sustained injuries in his head, the murder weapon, which is a knife penetrated the head of
the deceased. Medico legal result showed that the cause of death is loss of blood. What is the
Factum Probandum?
A. Who is the perpetrator?
B. It is the ultimate facts in the case.
C. It refers to issue or facts to be proved.
D. Whether or not, Robin killed Batman.
4. Which of the following are the two requisites before evidence is to be admitted by the court?
A. relevancy and competency
B. relevancy and completeness
C. competency and completeness
D. multiplicity and congruency
5. Lesley, a suspect in robbery, while outside of the court admitted that she committed the
crime alleged. What kind of admission is this?
A. judicial commission
B. judicial admission
C. extra judicial admission
D. extra judicial commission
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RULE 129
1. The following are matters which are of mandatory judicial notice: 1. political constitution
and history of the Philippines; 2. matters known by the judge because of judicial function; 3.
forms of government and symbols of nationality; 4. laws of nature
A. 123
B. 431
C. 234
D. All of these
2. Judicial notice is equivalent to judicial knowledge or that which is based on the personal
knowledge of the court; rather, than “common knowledge.”
A. Not true
B. Not false
C. Partially true
D. Partially false
3. Which among the following is not a fact about judicial admission?

A. does not require proof
B. made during judicial proceeding
C. it is neither verbal nor oral
D. made by a party to the case
4. How can a judicial admission be contradicted?

A. Upon presentation of evidence showing that statements were made thru an obvious mistake
B. Upon presentation of evidence that admission was falsify.
C. Upon proving that no admission was in fact made.
D. Upon showing that the purpose is to prevent manifest injustice
5. Can the Court take judicial knowledge of the existence of territorial dispute of Philippines
and China?
A. No, there shall be presentation of evidence
B. Yes, its discretionary
C. Yes, with hearing
D. Yes, its mandatory
JPLPC-Malvar
Malvar, Batangas
Tel. Nos.: (043) 778-2170/ (043) 406-0830 loc. 122
______________________________________________________________________________
RULE 130
1. The communication shall remain privileged, even in the hands of a third person who may
have obtained the information, provided that the original parties to the communication took
reasonable precaution to protect its confidentiality.
A. Privileged communication
B. Rule of third parties
C. Independent relevant statement
D. Testimonial privilege
2. Mike was charged of robbery. To belie the accusation, he presented character evidence,
which includes that he is a dean lister in school, his father is a millionaire, and he is not an addict nor
a drunkard. Is the evidence admissible?
A. No, this is without connection to the crime charged.
B. Yes, this will belie that he raped the victim.
C. No, the character will not prove that he didn’t rape the victim.
D. Yes, as a rule, accused can present his good character.
3. Under the Marital Privileged Communication Rule, when is the time that no husband or wife
may testify for or against the other without the consent of the affected spouse concerning
confidential communication received by one spouse from the other during their marriage?
A. Only after their marriage
B. Only during their marriage
C. During or after their marriage
D. either of these
4. Assuming that X was dying at the time that he informed SP03 Manalangin of the identity of
his notorious assailant and believing that he was dying at the time, but he did not actually die, what
basis could be used to establish the identify of X?
A. res gestae
B. Common reputation
C. dying declaration
D. part of res gestae
5. What is/are the rule(s) in character evidence?

A. General rule it is not admissible.
B. Character evidence must be in relation to the crime alleged.
C. none of the choices
D. Exception to the rule, accused can present character evidence.
E. The prosecutor cannot present first the character evidence of the accused.
F. all of the choices
JPLPC-Malvar
Malvar, Batangas
Tel. Nos.: (043) 778-2170/ (043) 406-0830 loc. 122
______________________________________________________________________________
RULE 131
1. A person on board a vessel lost during a sea voyage, or an aircraft which is missing, within
how many years to considered dead?
A. 4
B. 2
C. 3
D. 1
2. It is the duty of a party to present evidence on the facts in issue necessary to establish his or
her claim or defense by the amount of evidence required by law.
A. Burden of proof
B. Burden of evidence
C. Both A and B
D. None of these
3. It is the duty of a party to present evidence sufficient to establish or rebut a fact in issue to
establish a prima facie case.
A. Burden of proof
B. Burden of evidence
C. Both A and B
D. None of these
4. Mr. Lima, 76 years old, disappeared during their vacation in Boracay. An absence of how
many years shall be sufficient to open his succession?
A. 5
B. 4
C. 10
D. 3
5. Alpha, 12 years old together with his big brother Bravo 14, died in a conflgration.
Unfortunately, it cannot be shown who died first. Presumptively, who died first?
A. Alpha
B. Bravo
C. Both A and B
D. None of these
JPLPC-Malvar
Malvar, Batangas
Tel. Nos.: (043) 778-2170/ (043) 406-0830 loc. 122
______________________________________________________________________________
RULE 132
1. Transcript of stenographic notes serves as the record of the proceedings done inside the
court. As to its weight, it is considered as what type of evidence?
A. Conclusive evidence
B. Documentary evidence
C. Direct Evidence
D. Prima facie evidence
2. It is the examination in chief of a witness by the party presenting him or her on the facts
relevant to the issue.
A. Direct examination
B. Cross-examination
C. Re-direct examination
D. Re-cross examination
3. What is the order in the examination of an individual witness?

1. Cross examination 3. Re – cross examination 2. Re – direct examination 4. Direct
examination
A. 4132
B. 3214
C. 4123
D. 4321
4. A ___ question is one which assumes as true a fact not yet testified to by the witness, or
contrary to that which he or she has previously stated.
A. Leading
B. Misleading
C. Both A and B
D. None of these
5. These are the questions that are not allowed in any examination in a trial.
A. Leader questions
B. Leading questions
C. Misleading questions
D. Any of these
JPLPC-Malvar
Malvar, Batangas
Tel. Nos.: (043) 778-2170/ (043) 406-0830 loc. 122
______________________________________________________________________________
RULE 133
1. An ___ made by an accused, shall not be sufficient ground for conviction, unless
corroborated by evidence of corpus delicti.
A. Proof beyond reasonable doubt
B. Circumstantial evidence
C. Extra judicial confession
D. Substantial evidence
2. It is a quantum of evidence in a civil case required in establishing his case. It also means the
“greater orsuperior weight of evidence".
A. Substantial evidence
B. Circumstantial evidence
C. Documentary evidence
D. Preponderance of evidence
3. The combination of all the circumstances is such as to produce a conviction beyond

reasonable doubt.
A. Documentary Evidence
B. Substantial Evidence
C. Circumstantial Evidence
D. Preponderance of evidence
4. The amount of relevant evidence which a reasonable mind might accept as adequate to
support a conclusion?
A. Circumstantial evidence
B. Substantial Evidence
C. Preponderance of evidence
D. Sufficiency of Evidence
5. The court may direct that the matter be heard wholly or partly on oral testimony or
depositions.
A. Evidence in motion
B. Substantial evidence
C. Circumstantial evidence
D. All of the choices

Instructionl Material in Rules-On-Evidence 2

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Republic of the Philippines

BATANGAS STATE UNIVERSITY

DE TORRES, ANNA MARIEZ

HIDALGO, RODERICK JR.

MANALO, TRICIA MARIE

2019 PROPOSED AMENDMENTS TO THE REVISED RULES ON

 Get to know the definition of evidence and its scope

 Get to know the rules of admissibility of evidence

 Discuss different kinds of evidences

 Get to know the qualifications of witnesses

 Discuss the difference of burden of proof and burden of evidence

 To know the different examinations of witnesses

 To understand the offer and objection of evidences

 To further understand the weight and sufficiency of evidence

Judicial Notice Mandatory is only applicable and apply to 9 statements:

unquestionable demonstration, or ought to be known to judges because of their judicial functions.

Elements of Judicial Admission.

Judicial Admission VS Extra Judicial Confession.

EXTRA JUDICIAL ADMISSION IS ONLY ADMISSIBLE WHEN IT IS CORABORATTED

Chapter IV OBJECT AND DOCUMENTARY EVIDENCE

Nature of object evidence

Requisites for admissibility of object evidence (as amended)

Object evidence and the right against self-incrimination

Demonstrative evidence (as amended)

Tape recordings, in case of such, the witness should:

View of an object or scene

Categories of object evidence

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

Requisites for admissibility of documentary evidence

Applicability of the rule (as amended)

• Also, it does not apply just because a document is offered in evidence.

Section 4. Original of document. —

2. Secondary Evidence Section

Section 7. Summaries. - When the contents of documents, records, photographs, or numerous

4. Parol Evidence Rule Section

Section 14. Interpretation according to circumstances. — For the proper construction of an

Section 21. WITNESSES; THEIR QUALIFICATIONS

[Section 21. Disqualification by reason of mental incapacity or immaturity. — Deleted

SECTION 22: TESTIMONY CONFINED TO PERSONAL KNOWLEDGE — A witness can

SECTION 23: DISQUALIFICATION BY REASON OF MARRIAGE

Exceptions to the marital disqualification rule

(d) A minister, priest or person reasonably believed to be so cannot,

Sec. 24 (b) Attorney-Client Privilege (As amended)

• The privilege is not confined to communications regarding actual pending cases

Sec. 24 (c). Physician-patient privilege (As amended)

Sec. 24 (d). Priest/minister-penitent privilege (as amended)

Sec. 24 (e). Privileged communications to public officers

Parental and filial privilege (as amended)

SECTION 26: PRIVILEGE RELATING TO TRADE SECRETS

SECTION 27: ADMISSION OF A PARTY

Concept of admissions and confessions

SECTION 28: OFFER OF COMPROMISE NOT ADMISSIBLE

SECTION 29: ADMISSION BY A THIRD PARTY

Res inter alios acta [alteri nocere non debet]

- Admission by a co-partner or agent

SECTION 30: ADMISSION BY CO-PARTNER OR AGENTSECTION

SECTION 31: ADMISSION BY CONSPIRATOR

SECTION 32: ADMISSION BY PRIVIES

SETION 33: ADMISSION BY SILENCE

SECTION 34: CONFESSION

SECTION 35: SIMILAR ACTS AS EVIDENCE

SECTION 36: UNACCEPTED OFFER