Matrix of Amendments To The Rules On Evidence

MATRIX OF AMENDMENTS
TO THE RULES ON EVIDENCE
JUDGE GENER M. GITO, LL.M., D.C.L.

RULE 128: General Provisions
SECTION 1:
Evidence defined.
OLD RULE 2019 AMENDMENT
Section 1. Evidence defined. Section 1. Evidence defined.
Evidence is the means, Evidence is the means,
sanctioned by these rules, sanctioned by these rules,
of ascertaining in a judicial of ascertaining in a judicial
proceeding the truth proceeding the truth
respecting a matter of fact. respecting a matter of fact.
SECTION 2:
Scope.
Section 2. Scope. The rules Section 2. Scope. The rules
of evidence shall be the of evidence shall be the
same in all courts and in all same in all courts and in all
trials and hearings, except trials and hearings, except
as otherwise provided by as otherwise provided by
law or these rules. law or these rules.
SECTION 3:
Admissibility of Evidence
Section 3. Admissibility of Section 3. Admissibility of
evidence. Evidence is Evidence. Evidence is
admissible when it is admissible when it is
relevant to the issue and is relevant to the issue and is
not excluded by the law of not excluded by the
these rules. Constitution, the law of
these rules.
Section 3, Rule 128
Admissibility of Evidence
The new rule clarifies that the competency of the evidence is
not only determined by the Rules of Court and the law, but also
by the constitution.
There are exclusionary rule in the Constitution. For instance,
Section 3, in relation to Section 2 of Article III of the
Constitution. Section 12(3) in relation to Section 17 of Article III.
Thus, the new Rule deemed it to include the Constitution in
Section 3, because it also provide rules for excluding evidence in
the court of justice.
SECTION 4:
Relevancy; collateral matters.
1997 RULES OF COURT 2019 AMENDMENT
Section 4. Relevancy; collateral matters. Section 4. Relevancy; collateral matters.
Evidence must have such a relation to Evidence must have such a relation to
the fact in issue as to induce belief in its the fact in issue as to induce belief in its
existence or non-existence. Evidence on existence or non-existence. Evidence on
collateral matters shall not be allowed, collateral matters shall not be allowed,
except when it tends in any reasonable except when it tends in any reasonable
degree to establish the probability or degree to establish the probability or
improbability of the fact in issue. improbability of the fact in issue.
RULE 129: What Need Not Be Proved
SECTION 1:
Judicial Notice; when mandatory
OLD RULES 2019 AMENDMENT
Section 1. Judicial notice; when mandatory. A Section 1. Judicial notice; when mandatory. A
court shall take judicial notice, without the court shall take judicial notice, without the
introduction of evidence, of the existence and introduction of evidence, of the existence and
territorial extent of states, their political history , territorial extent of states, their political history ,
forms of government and symbols of nationality, forms of government and symbols of nationality,
the law of nations, the admiralty and maritime the law of nations, the admiralty and maritime
courts of the world and their seals, the political courts of the world and their seals, the political
constitution and history of the Philippines, the constitution and history of the Philippines, official
official acts of legislative, executive and judicial acts of the legislative, executive and judicial
departments of the Philippines, the laws of departments of the National Government of the
nature, the measure of time, and the Philippines, the laws of nature, the measure of
geographical divisions. time, and the geographical divisions.
Social Justice Society vs. Altienza,
GR No. 156052, Feb. 13 2008
While courts are required to take judicial notice of the laws enacted by
Congress, the rule with respect to local ordinances is different. Ordinances
are not included in the enumeration of matters covered by mandatory
judicial notice under Section 1, Rule 129 of the Rules of Court.
Even where there is a statute that requires a court to take judicial notice of
municipal ordinances, a court is not required to take judicial notice of
ordinances that are not before it and to which it does not have access. The
party asking the court to take judicial notice is obligated to supply the court
with the full text of the rules the party desires it to have notice of. Counsel
should take the initiative in requesting that a trial court take judicial notice of
an ordinance even where a statute requires courts to take judicial notice of
local ordinances.
SECTION 2:
Judicial Notice; when discretionary
Section 2. Judicial notice; when Section 2. Judicial notice; when
discretionary. A court may take discretionary. A court may take
judicial notice of matters which judicial notice of matters which
are of public knowledge, or are are of public knowledge, or are
capable to unquestionable capable to unquestionable
demonstration, or ought to be demonstration, or ought to be
known to judges because of their known to judges because of their
judicial functions. judicial functions.
SECTION 3:
Judicial Notice; when hearing necessary
Section 3. Judicial notice; when hearing Section 3. Judicial notice; when hearing
necessary. During the trial, the court, on its necessary. During the pre-trial and the trial,
own initiative, or on request of a party, may the court, motu proprio or upon motion,
announce its intention to take judicial notice of shall hear the parties on the propriety of
any matter and allow the parties to be heard taking judicial notice of any matter.
thereon.
Before judgment or on appeal, the court,
After the trial, and before judgment or on motu proprio or upon motion, may take
appeal, the proper court, on its own initiative judicial notice of any matter and shall hear
or on request of a party, may take judicial the parties thereon if such matter is decisive
notice of any matter and allow the parties to be of a material issue in the case.
heard thereon if such matter is decisive of a
material issue in the case.
Rule 129: What need not be prove
Section 3; Judicial Notice, when hearing necessary
It is not only during trial that the court or

upon motion from a party, may take
judicial notice of a particular matter; the
same can be done during pre-trial.
SECTION 4:
Judicial Admissions
Section 4. Judicial admission. An Section 4. Judicial admission. An
admission, verbal or written, made by admission, oral or written, made by the
the party in the course of the party in the course of the proceedings
proceedings in the same case, does not in the same case, does not require
require proof. The admission may be proof. The admission may be
contradicted only by showing that it contradicted only by showing that it
was made through palpable mistake or was made through palpable mistake or
that no such admission was made. that the imputed admission was not, in
fact, made.
Requisites of Judicial Admission
It must be made by a party to a case
It must be made in the course of the

proceedings in the same case
It does not require a particular form.

In the course of the proceedings:
Judicial admission are admission in the following:
1. In the pleadings
2. During trial, either verbal or written manifestation
3. During pre-trial
4. In other stages of the judicial proceedings
(Manzanila vs. Waterfields Industries, July 18, 2014)
Other judicial admissions
Admission in the pre-trial of civil cases (Sec. 2(d), Rule 18).
Admission during pre-trial in criminal case does not result to
judicial admission. It must comply with Section 2, Rule 118.
◦ Section 2, Rule 118, Pre-trial agreement. — All agreements or
admissions made or entered during the pre-trial conference
shall be reduced in writing and signed by the accused and
counsel, otherwise, they cannot be used against the accused.
The agreements covering the matters referred to in Section 1
of this Rule shall be approved by the court.
Other judicial admission
How about the stipulations of facts during trial?
It is not required that it be signed the lawyer and the
accused. The stipulation of facts are already contained
in the TSN. The lawyer is presumed to have prima facie
authority to make relevant admission by pleadings, by
oral or written stipulation which unless withdrawn are
conclusive. (People vs. Hernandez, 206 SCRA 25; Silot
vs. Dela Rosa, 543 SCRA 533)
Admission
How about admission in an amended pleading?
Section 8, Rule 10, provides that when a pleading is
amended, the amended pleading supersedes the pleading
that it amends and the admission in the superseded
pleading may be offerred in evidence against the pleader.
But the admission will be treated as extra-judicial
admission (Torres vs. CA, 131 SCRA 24; Ching vs. CA, 331
SCRA 16)
Implied admission
How about admission in a dismissed pleading?
It is merely extra-judicial judicial admission
(Servicewide Specialist Inc., vs. CA, 257 SCRA
643)
Judicial admission
How about admission of a proposed state
witness?
If the motion to discharge an accused as a state
witness is denied, his sworn statement,
submitted to support the motion, shall be
inadmissible in evidence (Sec. 17, Rule 119)
What is the effect of judicial admission?
Judicial admission are legally binding on the party
making the admission. It is an established principle
that judicial admission cannot be contradicted by the
admitter who is the party himself and binds the person
who makes the same, absent any showing that this
was made through palpable mistake, no amount of
rationalization can offset it (PCIC vs. Central Colleges
of the Phil. 666 SCRA 540).
How judicial admissions may be contradicted?
◦By showing that the admission was made

through palpable mistake
◦The imputed admission was not, in fact,

made
Implied admission
Rule 8, Section 8. How to contest such documents. — When an
action or defense is founded upon a written instrument, copied
in or attached to the corresponding pleading as provided in the
preceding section, the genuineness and due execution of the
instrument shall be deemed admitted unless the adverse party,
under oath, specifically denies them, and sets forth what he
claims to be the facts; but the requirement of an oath does not
apply when the adverse party does not appear to be a party to
the instrument or when compliance with an order for an
inspection of the original instrument is refused.
Allegations, not specifically denied are admissions
Section 11. Allegations not specifically denied

deemed admitted. — Material averment in the
complaint, other than those as to the amount of
unliquidated damages, shall be deemed admitted
when not specifically denied. Allegations of usury
in a complaint to recover usurious interest are
deemed admitted if not denied under oath.
Rule 130
Rules on Admissibility
OBJECT AS EVIDENCE
RULE 130: Rules of Admissibility
A. Object (Real) Evidence
SECTION 1: Object as evidence
Section 1. Object evidence. Section 1. Object evidence.
Objects as evidence are those Objects as evidence are those
addressed to the senses of the addressed to the senses of the
court. When an object is relevant court. When an object is relevant
to the fact in issue, it may be to the fact in issue, it may be
exhibited to, examined or viewed exhibited to, examined or viewed
by the court. by the court.
Right against self-incrimination
vis-à-vis object evidence
Rule
The right against self-

incrimination cannot
be invoked against
object evidence
Agustin vs CA, GR No. 162571, June 15, 2005
Significantly, we upheld the constitutionality of compulsory
DNA testing and the admissibility of the results thereof as
evidence. In that case, DNA samples from semen recovered
from a rape victim's vagina were used to positively identify the
accused Joel "Kawit" Yatar as the rapist. Yatar claimed that the
compulsory extraction of his blood sample for DNA testing, as
well as the testing itself, violated his right against self-
incrimination, as embodied in both Sections 12 and 17 of Article
III of the Constitution. We addressed this as follows:
Agustin vs CA, GR No. 162571, June 15, 2005
“The contention is untenable. The kernel of the right
is not against all compulsion, but against testimonial
compulsion. The right against self-incrimination is
simply against the legal process of extracting from
the lips of the accused an admission of guilt. It does
not apply where the evidence sought to be excluded
is not an incrimination but as part of object
evidence.”
Right against self-incrimination
vis-à-vis object evidence
[The right against self-incrimination], as put by Mr. Justice
Holmes in Holt vs. United States, "x x x is a prohibition of the
use of physical or moral compulsion, to extort communications
from him x x x" It is simply a prohibition against legal process
to extract from the [accused]'s own lips, against his will,
admission of his guilt. It does not apply to the instant case
where the evidence sought to be excluded is not an
incriminating statement but an object evidence (G.R. No.
109775, November 14, 1996, 264 SCRA 167, cited in OCA vs.
Yu, 2017).
Beltran vs. Samson, 53 Phil. 570
"Writing is something more than moving
the body, or the hand, or the fingers;
writing is not a purely mechanical act
because it requires the application of
intelligence and attention."
Categories of Object Evidence
Objects that have readily identifiable marks

(unique object)
Object that are made identifiable (object
made unique)
Object with no identifying mark
Links in the Chain of Custody
First, the seizure and marking of the confiscated drugs recovered from
the accused
Second, the turnover of the illegal drug seized by the apprehending
officer to the investigating officer
Third, the turnover by the investigating officer of the illegal drug to the
forensic chemist for laboratory examination
Fourth, the turnover and submission of the marked illegal drug by the
forensic chemist to the court (People vs. Kamad, 610 SCRA 295)
B. Documentary Evidence
SECTION 2: Documentary Evidence
Section 2. Documentary evidence. Section 2. Documentary evidence.
Documents as evidence consist of Documents as evidence consist of
writing or any material containing writings, recordings, photographs or
letters, words, numbers, figures, any material containing letters, words,
symbols or other modes of written sounds, numbers, figures, symbols, or
expression offered as proof of their their equivalent, or other modes of
contents. written expression offered as proof of
their contents. Photographs include still
pictures, drawings, stored images, x-ray
films, motion pictures or videos.
SECTION 2: Documentary Evidence
The new Rules changed the concept of documentary evidence. Under the
old Rules, there are evidence which are considered object evidence because
they are addressed to the senses of the court; like recordings, photographs
or sound. Under the new rule, they are classified as documentary evidence.
Thus, under the new formulation, “documentary as evidence consist of of
writings, recordings, photographs or any material containing letters, words,
sounds, numbers, figures, symbols, or their equivalent, or other modes of
written expression offered as proof of their contents. Photographs include
still pictures, drawings, stored images, x-ray films, motion pictures or
videos.”
Documentary evidence under the New
Rules now includes:
Recordings
• Photographs include still pictures,
Photographs drawings, stored images, x-ray
films, motion pictures or videos.
Sounds
B. Documentary evidence
Section 3. Original document must be produced; exceptions
1. Best Evidence Rule 1. Original Document Rule
Section 3. Original document must be Sec. 3. Original document must be produced;

produced; exceptions. — When the subject of exceptions. - When the subject of inquiry is
inquiry is the contents of a document, no the contents of a document, writing,
evidence shall be admissible other than the recording, photograph or other record, no
original document itself, except in the evidence is admissible other than the original
following cases: document itself, except in the following
cases:
“Original Document Rule”
(it is the former “best evidence rule”)
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 (Section 3, Rule
130).
Please take NOTE:
Under the New Rules, the best evidence rule was
changed into ORIGINAL DOCUMENT RULE. But despite
the change in nomenclature, the principles governing
“best evidence rule” are still applicable under the
present formulation.
Thus, the jurisprudence and annotations on the former
“best evidence rule” are still applicable to “original
document rule”.
Problem
At the trial for violation of RA 9165, the prosecution
presented as evidence of selling drugs, the xerox copy
of the marked money used in buying shabu. The
defense objected to the presentation of the xerox
copy of the marked money for violation of the
“original document rule.”
If you were the judge, how would you rule on the
objection?
Answer
I will overrule the objection. Original document
rule applies when a document is offered to
prove the contents thereof. Here the marked
money is not offered as documentary evidence
but as an object evidence. It was offered to
prove that selling of drugs occurred. Thus,
original document rule does not apply.
Please take NOTE:
Where the issue is only as to whether such document was
actually executed, or exists, or on the circumstances relevant to
or surrounding its execution, the best evidence rule does not
apply and testimonial evidence is admissible (5 Moran, op. cit.,
pp. 76-66; 4 Martin, op. cit., p. 78). Any other substitutionary
evidence is likewise admissible without need for accounting for
the original.(Hernaez, et al. vs. McGrath, etc., et al., 91 Phil[.]
565, cited in Republic vs. Spouses Gimenez, G.R. No. 174673,
January 11, 2016).
Please take NOTE:
When a document is presented to prove its
existence or condition, it is offered not as
documentary, but as real, evidence. Parol evidence
of the fact of execution of the documents is
allowed (Hernaez, et al. vs. McGrath, etc., et al.,
91 Phil[.] 565, cited in Republic vs. Spouses
Gimenez, G.R. No. 174673, January 11, 2016).
(a) When the original is lost or destroyed, or
(a) When the original has been lost or cannot be produced in court, without bad
destroyed, or cannot be produced in court, faith on the part of the offeror;
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
(b) When the original is in the custody or the evidence is offered, and the latter fails to
under the control of the party against whom produce it after reasonable notice, or the
the evidence is offered, and the latter fails to original cannot be obtained by local judicial
processes or procedures;
produce it after reasonable notice;
(c) When the original consists of numerous (c) When the original consists of numerous
accounts or other documents which cannot be accounts or other documents which cannot be
examined in court without great loss of time and examined in court without great loss of time and
the fact sought to be established from them is the fact sought to be established from them is only
only the general result of the whole; and the general result of the whole;
(d) When the original is a public record in the
(d) When the original is a public record in the custody of a public officer or is recorded in a public
custody of a public officer or is recorded in a office; and
public office. (e) When the original is not closely-related to a
controlling issue.
Exceptions to Original Document Rule
Section 3, Rule 130
(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;
Exceptions to Original Document Rule
Section 3, Rule 130
(c) When the original consists of numerous accounts or
other documents which cannot be examined in court
without great loss of time and the fact sought to be
established from them is only the general result of the
whole;
(d) When the original is a public record in the custody of a
public officer or is recorded in a public office; and
(e) When the original is not closely-related to a controlling
issue.
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
(a) The original of the document is one the contents executing or issuing it. An “original” of a photograph includes
of which are the subject of inquiry. 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
(b) When a document is in two or more copies accurately, is an “original.”
executed at or about the same time, with identical (b) A “duplicate” is a counterpart produced by the same
contents, all such copies are equally regarded as impression as the original, or from the same matrix, or by
means of photography, including enlargements and
originals. miniatures, or by mechanical or electronic re-recording, or by
chemical reproduction, or by other equivalent techniques
(c) When an entry is repeated in the regular course which accurately reproduce the original.
of business, one being copied from another at or (c) A duplicate is admissible to the same extent as an original
near the time of the transaction, all the entries are unless (1) a genuine question is raised as to the authenticity
of the original, or (2) in the circumstances, it is unjust or
likewise equally regarded as originals. inequitable to admit the duplicate in lieu of the original.
Original Document under the New Rules
Section 4, Rule 130
(a) An “original” of a document is the document itself or any counterpart intended to have the
same effect by a person executing or issuing it. An “original” of a photograph includes the
negative or any print therefrom. If data is stored in a computer or similar device, any printout or
other output readable by sight or other means, shown to reflect the data accurately, is an
“original.”
(b) A “duplicate” is a counterpart produced by the same impression as the original, or from the
same matrix, or by means of photography, including enlargements and miniatures, or by
mechanical or electronic re-recording, or by chemical reproduction, or by other equivalent
techniques which accurately reproduce the original.
(c) A duplicate is admissible to the same extent as an original unless (1) a genuine question is
raised as to the authenticity of the original, or (2) in the circumstances, it is unjust or inequitable
to admit the duplicate in lieu of the original.
Section 5. When original document is unavailable
Section 5. When original document is Section 5. When original document is
unavailable. When the original document unavailable. When the original document
has been lost or destroyed, or cannot be has been lost or destroyed, or cannot be
produced in court, the offeror, upon proof produced in court, the offeror, upon proof
of its execution or existence and the cause of its execution or existence and the cause
of its unavailability without bad faith on of its unavailability without bad faith on
his part, may prove its contents by a copy, his or her part, may prove its contents by
or by a recital of its contents in some a copy, or by recital of its contents in some
authentic document, or by the testimony authentic document, or by the testimony
of witnesses in the order stated. of witnesses in the order stated.
How do you present secondary
evidence when the original is
unavailable?
1. The offeror must prove its due existence and
execution
2. The offeror must prove its unavailability
3. The offeror must prove that its unavailability was

without bad faith on the part of the offeror.
What is the secondary evidence when
the original documents is unavailable?
1. By a copy.
2. By recital of its contents in some authentic

document.
3. By the testimony of witnesses in the order
stated.
Section 6. WhenB. Documentary
original document isEvidence
in adverse party's custody or
control.
Section 6. When original document is in Section 6. When original document is in

adverse party's custody or control. If the adverse party's custody or control. If
document is in the custody or under the the document is in the custody or
control of adverse party, he must have under the control of the adverse party,
reasonable notice to produce it. If after he or she must have reasonable notice
such notice and after satisfactory proof to produce it. If after such notice and
of its existence, he fails to produce the after satisfactory proof of its existence,
document, secondary evidence may be he or she fails to produce the
presented as in the case of its loss. document, secondary evidence may be
presented as in the case of its loss.
How do you present secondary evidence when the
original is in adverse party custody or control?
1. The offeror must prove its existence
2. Document is under the custody or control of the adverse party
3. Proponent has given the other party reasonable opportunity

to produce the document
4. The other party failed to produce the original document despite
the reasonable notice
What is the secondary evidence when the original documents is under the control or custody of the
adverse party?
1. By a copy.
2. By recital of its contents in some authentic

document.
3. By the testimony of witnesses in the order
stated.
Section 7; Summaries
Section 7. Summaries. – When the contents of
documents, records, photographs, or numerous
accounts are voluminous and cannot be
examined in court without great loss of time,
and the fact sought to be established is only the
general result of the whole, the contents of such
evidence may be presented in the form of a
chart, summary, or calculation.
The originals shall be available for examination
or copying, or both, by the adverse party at a
reasonable time and place. The court may order
that they be produced in court. (n)
How do you introduce evidence the documents
consist of numerous accounts and voluminous?
1. The offeror must show that the documents are
voluminous
2. That they cannot be examined in court without
great lost of time
3. The fact sought to be established from them is
only the general result.
What is the secondary evidence when the
original documents
is under the control or custody of the adverse party?
It will be in the form of a chart,

summary, or calculation.
Please take NOTE:
The originals shall be available for
examination or copying, or both, by the
adverse party at a reasonable time and
place. The court may order that they be
produced in court (Section 7, Rule 130).
Section 8; Evidence admissible when original document is a
public record.
Section 7. Evidence admissible when Section 8. Evidence admissible when
original document is a public record. — original document is a public record. —
When the original of document is in the When the original of a document is in
custody of public officer or is recorded the custody of a public officer or is
in a public office, its contents may be recorded in a public office, its contents
proved by a certified copy issued by the may be proved by a certified copy
public officer in custody thereof. issued by the public officer in custody
thereof.
How do you present secondary when the original is
in the custody of a public officer or is recorded in a
public office?
When the original of a document is in the

custody of a public officer or is recorded in a
public office, its contents may be proved by
a certified copy issued by the public officer
in custody thereof (Section 8, Rule 130).
Dimaguila vs. Spouses Monteiro,
G.R. No. 201011, January 27, 2014
Anent the best evidence rule, Section 3 (d) of Rule 130 of the Rules of
Court provides that when the subject of inquiry is the contents of a
document, no evidence shall be admissible other than the original
document itself, except when the original is a public record in the
custody of a public officer or is recorded in a public office. Section 7 of
the same Rule provides that when the original of a document is in the
custody of a public officer or is recorded in a public office, its contents
may be proved by a certified copy issued by the public officer in
custody thereof. Section 24 of Rule 132 provides that the record of
public documents may be evidenced by a copy attested by the officer
having the legal custody or the record.
Section 9; Party who calls for document not bound to offer it.
Section 8. Party who calls for Section 9. Party who calls for
document not bound to offer it. — A document not bound to offer it. — A
party who calls for the production of party who calls for the production of
a document and inspects the same is a document and inspects the same is
not obliged to offer it as evidence. not obliged to offer it as evidence.
C. Parol Evidence
Section 10; Evidence of written agreements
Section 9. Evidence of written agreements. — When the terms of an Section 10. Evidence of written agreements. — When the terms of an
agreement have been reduced to writing, it is considered as containing agreement have been reduced to writing, it is considered as
all the terms agreed upon and there can be, between the parties and containing all the terms agreed upon and there can be, as between
their successors in interest, no evidence of such terms other than the the parties and their successors in interest, no evidence of such terms
contents of the written agreement. other than the contents of the written agreement.
However, a party may present evidence to modify, explain or add to the However, a party may present evidence to modify, explain or add to
terms of written agreement if he puts in issue in his pleading: 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; (a) an intrinsic ambiguity, mistake or imperfection in the written
agreement;
(b) the failure of the written agreement to express the true intent and
(b) the failure of the written agreement to express the true intent and
agreement of the parties thereto;
agreement of the parties thereto;
(c) the validity of the written agreement; or (c) the validity of the written agreement; or
(d) the existence of other terms agreed to by the parties or their (d) the existence of other terms agreed to by the parties or their
successors in interest after the execution of the written agreement. successors in interest after the execution of the written agreement.
The term “agreement” includes wills. The term “agreement” includes wills.
What is parole evidence rule?
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 (Section
10, Rule 130).
Applicability
Applies only when there is a written
contract
Applies only to parties and their
successor-in-interest
It also applies to will
Instances where a party may modify, explain or add
to the terms of written agreement.
(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.
Illustration of exception no. 1
Lito executed a will wherein he bequeathed the amount of
1 million pesos to Carla Rubio. Lito died. When his will was
probated and later on about to be executed, it turned out
that there were three (3) Carla Rubios’ who are all friends
of Lito.
Assuming that this fact was put as an issue, may parol
evidence be allowed to clarify the ambiguity?
Yes. Because there is intrinsic ambiguity in the will. Under
the rules, will is included in the word “agreement”
Lito sold the land to Carla for the amount of 200,000. The
value of the land is 20M pesos. But, what the parties
actually agreed was Lito would borrow from Carla the
amount of 200,000 and use the land as security.
In an action to recover the parcel of land, may Lito
introduce evidence of the true agreement of the parties?
YES. Because of the failure of the written agreement to
express the true intent of the parties thereto.
Lito sold the land to Carla for 1M. They executed a deed of sale.
They both signed the same. However, Carla has no cash of 1M.
So she told Lito that she would just go to the bank to withdraw.
Carla left Lito together with the DOS and the title to the land.
Unknown to Lito, Carla went to the RD to have the sale
registered.
In an action for cancellation of sale, can Lito introduce
evidence to prove that there is no consideration?
YES. Because the issue is the validity of the instrument.
Lito borrowed money from Carla evidenced by PN which is due and
demandable on Jan. 4, 2017. Come Jan. 4, 2017, Lito did not pay.
Carla sued Lito. Lito argued that that Carla extended the maturity
date of the loan to Jan. 4, 2019. So the loan has not yet matured. Lito
offered evidence to prove the extension. Carla objected on the
ground of parol evidence rule.
Can Lito introduce parol evidence?
YES. Lito may introduced terms agreed upon by the parties or
successor in interest after the execution of the written agreement.
PLEASE TAKE NOTE:
A party must put them as issue in a

verified pleading
Problem
A sells his house to B for 1M. They executed a DOS. A refused to
vacate thereafter. B filed a recovery of possession of real property. A
contended that B verbally agreed to lease out the same property to
A. B objects to the presentation of evidence to prove lease contract
on the ground of parol evidence rule?
Rule on the objection.
Objection overruled.
Parol evidence is not applicable. What is sought to prove here is the
oral contract of lease.
C. Parol Evidence
4. Interpretation Of Documents 4. Interpretation of Documents

Section 10. Interpretation of a writing Section 11. Interpretation of a writing
according to its legal meaning. — The according to its legal meaning. — The
language of a writing is to be interpreted language of a writing is to be interpreted
according to the legal meaning it bears in the according to the legal meaning it bears in the
place of its execution, unless the parties place of its execution, unless the parties
intended otherwise. intended otherwise.
A. Interpretation of documents
Section 11. Instrument construed so as to Section 12. Instrument construed so as to

give effect to all provisions. — In the give effect to all provisions. — In the
construction of an instrument, where there construction of an instrument, where there
are several provisions or particulars, such a are several provisions or particulars, such a
construction is, if possible, to be adopted as construction is, if possible, to be adopted as
will give effect to all. will give effect to all.
4. Interpretation of documents
Section 13; Interpretation according to intention;
general and particular provisions.
Section 12. Interpretation according to Section 13. Interpretation according to
intention; general and particular provisions. intention; general and particular provisions.
— In the construction of an instrument, the — In the construction of an instrument, the
intention of the parties is to be pursued; and intention of the parties is to be pursued; and
when a general and a particular provision are when a general and a particular provision are
inconsistent, the latter is paramount to the inconsistent, the latter is paramount to the
former. So a particular intent will control a former. So a particular intent will control a
general one that is inconsistent with it. general one that is inconsistent with it.
Section 14; Interpretation according to circumstances.
Sec. 13. Interpretation according to Sec. 14. Interpretation according to
circumstances. — For the proper construction of circumstances. — For the proper construction of
an instrument, the circumstances under which it an instrument, the circumstances under which it
was made, including the situation of the subject was made, including the situation of the subject
thereof and of the parties to it, may be shown, so thereof and of the parties to it, may be shown, so
that the judge may be placed in the position of that the judge may be placed in the position of
those who language he is to interpret. those whose language he or she is to interpret.
(13a)
SECTION 14; Peculiar signification of terms.
Sec. 14. Peculiar signification of terms. Sec. 15. Peculiar signification of terms.
— The terms of a writing are presumed — The terms of a writing are presumed
to have been used in their primary and to have been used in their primary and
general acceptation, but evidence is general acceptation, but evidence is
admissible to show that they have a admissible to show that they have a
local, technical, or otherwise peculiar local, technical, or otherwise peculiar
signification, and were so used and signification, and were so used and
understood in the particular instance, in understood in the particular instance, in
which case the agreement must be which case the agreement must be
construed accordingly. construed accordingly. (14)
SECTION 15; Written words control printed
Sec. 15. Written words control Sec. 16. Written words control
printed. — When an instrument printed. — When an instrument
consists partly of written words consists partly of written words
and partly of a printed form, and and partly of a printed form, and
the two are inconsistent, the the two are inconsistent, the
former controls the latter. former controls the latter. (15)
4. Interpretation
SECTION 16; Experts and interpretersofto documents
be used in explaining certain
writings.
Sec. 16. Experts and interpreters to be used Sec. 17. Experts and interpreters to be used
in explaining certain writings. — When the in explaining certain writings. — When the
characters in which an instrument is characters in which an instrument is
written are difficult to be deciphered, or written are difficult to be deciphered, or
the language is not understood by the the language is not understood by the
court, the evidence of persons skilled in court, the evidence of persons skilled in
deciphering the characters, or who deciphering the characters, or who
understand the language, is admissible to understand the language, is admissible to
declare the characters or the meaning of declare the characters or the meaning of
the language. the language. (16)
SECTION 17; Of two constructions, which preferred.
Sec. 17. Of Two constructions, which Sec. 18. Of two constructions, which
preferred. — When the terms of an preferred. — When the terms of an
agreement have been intended in a different agreement have been intended in a different
sense by the different parties to it, that sense sense by the different parties to it, that sense
is to prevail against either party in which he is to prevail against either party in which he
supposed the other understood it, and when or she supposed the other understood it, and
different constructions of a provision are when different constructions of a provision
otherwise equally proper, that is to be taken are otherwise equally proper, that is to be
which is the most favorable to the party in taken which is the most favorable to the
whose favor the provision was made. party in whose favor the provision was made.
(17a)
SECTION 18; Construction in favor of natural right.
Sec. 18. Construction in favor of Sec. 19. Construction in favor of
natural right. — When an natural right. — When an
instrument is equally susceptible instrument is equally susceptible
of two interpretations, one in of two interpretations, one in
favor of natural right and the favor of natural right and the
other against it, the former is to other against it, the former is to
be adopted. be adopted. (18)
SECTION 20; Interpretation according to usage
Sec. 19. Interpretation according Sec. 20. Interpretation according
to usage. — An instrument may to usage. – An instrument may
be construed according to usage, be construed according to usage,
in order to determine its true in order to determine its true
character. character. (19)
C. Testimonial evidence
1. Qualification of witness
SECTION 21; Witnesses; their qualifications.
Sec. 20. Witnesses; their qualifications. Sec. 21. Witnesses; their qualifications. –
— Except as provided in the next All persons who can perceive, and
succeeding section, all persons who can perceiving, can make known their
perceive, and perceiving, can make their perception to others, may be witnesses.
known perception to others, may be (20a)
witnesses.
Religious or political belief, interest in the
Religious or political belief, interest in the outcome of the case, or conviction of a
outcome of the case, or conviction of a crime, unless otherwise provided by law,
crime unless otherwise provided by law, shall not be a ground for disqualification.
shall not be ground for disqualification. (20)
Sec. 21. Disqualification by reason of mental
incapacity or immaturity. — The following
persons cannot be witnesses:
(a) Those whose mental condition, at the time of This section was deleted under the 2019
their production for examination, is such that Amendments
they are incapable of intelligently making known
their perception to others;
(b) Children whose mental maturity is such as to
render them incapable of perceiving the facts
respecting which they are examined and of
relating them truthfully.
Section 21 was deleted because of the implementation of the Rule on Examination of child witness.
It can be gleaned from the old rule that with respect to a child the presumption is that he or she is
disqualified to testify. The same is true with respect to those whose mental capacity is incapable of
intelligently making known their perception to others.
Under the RECW, every child is presumed qualified to be a witness. However, the court shall conduct
a competency examination of a child, motu proprio or on motion of a party, when it finds that
substantial doubt exists regarding the ability of the child to perceive, remember, communicate,
distinguish truth from falsehood, or appreciate the duty to tell the truth in court (Sec. 5, RECW).
A "child witness" is any person who at the time of giving testimony is below the age of eighteen (18)
years. In child abuse cases, a child includes one over eighteen (18) years but is found by the court as
unable to fully take care of himself or protect himself from abuse, neglect, cruelty, exploitation, or
discrimination because of a physical or mental disability or condition (Sec.4(a), RECW).
SECTION 22; Testimony confined to personal knowledge.
Section 36. Testimony generally Section 22. Testimony confined to
confined to personal personal knowledge. — A witness can
knowledge; hearsay excluded. — A testify only to those facts which he or
witness can testify only to those facts she knows of his or her personal
which he knows of his personal knowledge; that is, which are derived
knowledge; that is, which are derived from his or her own perception, except
from his own perception, except as as otherwise provided in these rules.
otherwise provided in these rules.
SECTION 23; Disqualification by reason of marriage
Sec. 22. Disqualification by reason of Sec. 23. Disqualification by reason of
marriage. — During their marriage, marriage. – During their marriage, the
neither the husband nor the wife may husband or the wife cannot testify
testify for or against the other without against the other without the consent of
the consent of the affected spouse, the affected spouse, except in a civil case
except in a civil case by one against the by one against the other, or in a criminal
other, or in a criminal case for a crime case for a crime committed by one
committed by one against the other or against the other or the latter’s direct
the latter's direct descendants or descendants or ascendants. (22a)
ascendants.
SECTION 23; Disqualification by reason of marriage
1. A spouse is cannot testify against his or her spouses without

the consent of the affected spouse. Under the old Rule, the
disqualification applies even if the spouse will be testifying in his
or her favor. Probably, the Revision Committee thought that
seldom do we find a situation where the affected spouse will
object to his or her spouse testifying in his or her favour.
2. Thus, under the present Rules, the disqualification is
applicable only when the spouses will testify against the
affected spouse.
Illustration
Before the marriage of H and W, W witnessed H killing Y. W
did not report the incident to the police. Later, H and W got
married. They had falling out. Consequently, W reported the
incident she witnessed when they were still sweethearts.
May the prosecution present W as a witness in a murder
case filed against H?
Supposed W was called to testify after their marriage had
been annulled, would your answer be the same?
Answer
1. Over the objection of H, the prosecution may not call W
to testify against H. To call W to testify against H while their
marriage is still would violate the marital disqualification
rule.
2. My answer would not be the same. Since the marriage is

not anymore existing, the marital disqualification rule would
not apply.
Exception
“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.
Problem
W filed a collection suit against the father of H. The
father of the H called H to testify against the W. W
objected.
Answer: The husband is barred to testify against wife if
the latter objects. It is not a case by one spouse against
the other but between a spouse and the parent of the
other.
Cases on Marital Disqualification Rule
Ordono vs. Daquigan, 62 SCRA 270
People vs. Quitado, 297 SCRA 1
Alvarez vs. Ramirez, 473 SCRA 72

May a spouse testify in a trial where the other
spouse is a co-accused?
Yes, except as against her husband.

People vs. Quitado, 297 SCRA 1.
May a spouse testify in a trial against her
estranged husband?
Yes.
Alvarez vs. Ramirez, 473 SCRA
72.
Section 23. Disqualification by reason of death or
insanity of adverse party. — Parties or assignor of
parties to a case, or persons in whose behalf a
case is prosecuted, against an executor or This was deleted already
administrator or other representative of a
deceased person, or against a person of unsound The “DEAD MAN STATUTE” is dead.
mind, upon a claim or demand against the estate
of such deceased person or against such person It is now allowed as an exception to the hearsay
of unsound mind, cannot testify as to any matter rule under Section 39, Rule 130.
of fact occurring before the death of such
deceased person or before such person became
of unsound mind.
SECTION 24; Disqualification by reason of privileged communications.
Sec. 24. Disqualification by reason of privileged Sec. 24. Disqualification by reason of privileged
communication. — The following persons cannot communications. – The following persons cannot
testify as to matters learned in confidence in the testify as to matters learned in confidence in the
following cases: following cases:
(a) The husband or the wife, during or after the (a) The husband or the wife, during or after the
marriage, cannot be examined without the marriage, cannot be examined without the
consent of the other as to any communication consent of the other as to any communication
received in confidence by one from the other received in confidence by one from the other
during the marriage except in a civil case by one during the marriage except in a civil case by one
against the other, or in a criminal case for a crime against the other, or in a criminal case for a crime
committed by one against the other or the latter's committed by one against the other or the latter’s
direct descendants or ascendants; direct descendants or ascendants.
Disqualification by Reason of Privilege Communication
1. Husband and Wife
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.
(Section 24(a), Rule 130).
Elements for Applicability
There must be a valid marriage between the

husband and wife
There is a communication received in
confidence by one from the other.
The confidential information was received
during marriage.
Illustration
H and W were sweethearts. H confided something to W and
told the latter not to tell the same to anyone. Later, they got
married. After several years, their Marriage got annulled. It
turned out that what was told by H to W was that he was the
one who bombed the hotel. In the prosecution for terrorism
against H, the prosecution called W to the witness stand. H
objection on the ground of “marital privilege communication.
Objection should be denied. The confidential information was
not received during marriage.
Illustration No. 2
Supposing the information was received by W from H
during their marriage, but W was called to testify after
their marriage was annulled. Will W be allowed to
testify over the objection of H?
No. W should not be allowed to testify against H, if the
latter objects. The wife who received the information
in confidence may not be called to testify thereon even
after marriage.
When is information considered confidential?
The general rule is that communications

between spouses is presumed confidential
unless shown otherwise.
Communications made in the presence of third
person are not confidential unless the third
person may be considered as agent of the
spouses.
Who is covered by the disqualification?
Only spouses are

covered. Third
persons are not
Sec. 24. Disqualification by reason of privileged communications. – The
Sec. 24. Disqualification by reason of privileged following persons cannot testify as to matters learned in confidence in
communication. — The following persons cannot testify the following cases:
as to matters learned in confidence in the following xxx
cases: (b) An attorney or person reasonably believed by the client to be
licensed to engage in the practice of law cannot, without the consent
xxx 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
(b) An attorney cannot, without the consent of his with a view to, professional employment, nor can an attorney’s
client, be examined as to any communication made by secretary, stenographer, or clerk, or other persons assisting the
the client to him, or his advice given thereon in the attorney be examined without the consent of the client and his or her
course of, or with a view to, professional employment, employer, concerning any fact the knowledge of which has been
acquired in such capacity, except in the following cases:
nor can an attorney's secretary, stenographer, or clerk
be examined, without the consent of the client and his (i) Furtherance of crime or fraud. If the services or advice of the
lawyer were sought or obtained to enable or aid anyone to commit or
employer, concerning any fact the knowledge of which plan to commit what the client knew or reasonably should have
has been acquired in such capacity; known to be a crime or fraud;
Sec. 24. Disqualification by reason of privileged communications. – The following
Sec. 24. Disqualification by reason of privileged persons cannot testify as to matters learned in confidence in the following cases:
communication. — The following persons cannot testify xxx
as to matters learned in confidence in the following (ii) Claimants through same deceased client. As to a communication relevant
cases: to an issue between parties who claim through the same deceased client,
regardless of whether the claims are by testate or intestate or by inter vivos
transaction;
xxx
(iii) Breach of duty by lawyer or client. As to a communication relevant to an
(b) An attorney cannot, without the consent of his issue of breach of duty by the lawyer to his or her client, or by the client to his
or her lawyer;
client, be examined as to any communication made by
(iv) Document attested by the lawyer. As to a communication relevant to an
the client to him, or his advice given thereon in the issue concerning an attested document to which the lawyer is an attesting
course of, or with a view to, professional employment, witness; or
nor can an attorney's secretary, stenographer, or clerk (v) Joint clients. As to a communication relevant to a matter of common
be examined, without the consent of the client and his interest between two or more clients if the communication was made by any
of them to a lawyer retained or consulted in common, when offered in an
employer, concerning any fact the knowledge of which action between any of the clients, unless they have expressly agreed
has been acquired in such capacity; otherwise.
2. Attorney and Client
An attorney or person reasonably believed by the client to be
licensed to engage in the practice of law cannot, without the
consent of the client, be examined as to any communication
made by the client to him or her, or his or her advice given
thereon in the course of, or with a view to, professional
employment, nor can an attorney’s secretary, stenographer, or
clerk, or other persons assisting the attorney be examined
without the consent of the client and his or her employer,
concerning any fact the knowledge of which has been acquired
in such capacity. (Section 24(b), Rule 130).
Who are covered by the privilege?
Person reasonably
believed by the client
Attorney’s secretary,
An attorney to be licensed to
stenographer, or clerk,
engage in the practice
of law
Other persons
assisting the attorney
What are matters covered by the privilege?
1.Any communication made by the client

2.Advice given thereon in the course of, or
with a view to,
3.Any fact the knowledge of which has been
acquired in such capacity. (Section 24(b),
Rule 130).
What are exceptions to this privilege?
1. Furtherance of crime or fraud. If the

services or advice of the lawyer were sought or
obtained to enable or aid anyone to commit
or plan to commit what the client knew or
reasonably should have known to be a crime or
fraud. (Section 24(b), Rule 130).
2. Claimants through same deceased client.
As to a communication relevant to an issue
between parties who claim through the same
deceased client, regardless of whether the
claims are by testate or intestate or by inter
vivos transaction; (Section 24(b), Rule 130).
3. Breach of duty by lawyer or client. As
to a communication relevant to an
issue of breach of duty by the lawyer to
his or her client, or by the client to his
or her lawyer; (Section24 (b), Rule 130).
4. Document attested by the lawyer.
As to a communication relevant to an
issue concerning an attested document
to which the lawyer is an attesting
witness; (Section24 (b), Rule 130).
5. Joint clients. As to a communication relevant
to a matter of common interest between two
or more clients if the communication was made
by any of them to a lawyer retained or consulted
in common, when offered in an action between
any of the clients, unless they have expressly
agreed otherwise. (Section24 (b), Rule 130).
Sec. 24. Disqualification by reason of privileged communications. – The following
Sec. 24. Disqualification by reason of privileged persons cannot testify as to matters learned in confidence in the following cases:
communication. — The following persons cannot testify xxx
as to matters learned in confidence in the following (c) A physician, psychotherapist or person reasonably believed by the patient to
cases: be authorized to practice medicine or psychotherapy cannot in a civil case,
without the consent of the patient, be examined as to any confidential
xxx communication made for the purpose of diagnosis or treatment of the patient’s
physical, mental or emotional condition, including alcohol or drug addiction,
between the patient and his or her physician or psychotherapist. This privilege
c) A person authorized to practice medicine, surgery or also applies to persons, including members of the patient’s family, who have
obstetrics cannot in a civil case, without the consent of participated in the diagnosis or treatment of the patient under the direction of
the physician or psychotherapist.
the patient, be examined as to any advice or treatment
A “psychotherapist” is:
given by him or any information which he may have
acquired in attending such patient in a professional (a) A person licensed to practice medicine engaged in the diagnosis or
treatment of a mental or emotional condition, or
capacity, which information was necessary to enable
(b) A person licensed as a psychologist by the government while similarly
him to act in capacity, and which would blacken the engaged.
reputation of the patient;
3. Doctor and Patient
A physician, psychotherapist or person reasonably believed by the
patient to be authorized to practice medicine or psychotherapy
cannot in a civil case, without the consent of the patient, be
examined as to any confidential communication made for the
purpose of diagnosis or treatment of the patient’s physical, mental
or emotional condition, including alcohol or drug addiction,
between the patient and his or her physician or psychotherapist.
This privilege also applies to persons, including members of the
patient’s family, who have participated in the diagnosis or treatment
of the patient under the direction of the physician or
psychotherapist. (Section 24(c), Rule 130).
1. A physician,
2. Psychotherapist
3. Person reasonably believed by the patient to be authorized to
practice medicine or psychotherapy
4. 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. (Section 24(c), Rule
130).
Who is a “psychotherapist”?
A “psychotherapist” is:
(a) A person licensed to practice medicine
engaged in the diagnosis or treatment of a
mental or emotional condition, or
(b) A person licensed as a psychologist by the
government while similarly engaged.
(Section 24(c), Rule 130).
What matters are considered privilege?
Any confidential communication made for the
purpose of diagnosis or treatment of the
patient’s physical, mental or emotional
condition, including alcohol or drug addiction,
between the patient and his or her physician or
psychotherapist. (Section 24(c), Rule 130).
Problem
In a Guardianship proceedings, the oppositor filed a motion to have the
subject of petition be examined by a psychiatrist to determine his mental
capacity. The motion was granted by the Court. The subject of petition was
examined. After the examination, the party examined requested for the
result of the examination. The requesting party also requested from the party
examined, the result of the report.
During the proceedings, the requesting party called to the witness stand the
psychiatrist to testify on the examination conducted. The party examined
objected on the ground of doctor-patient privilege?
Answer
Objection overruled.
By requesting and obtaining a report of the examination so
ordered or by taking the deposition of the examiner, the party
examined waives any privilege he may have in that action or any
other involving the same controversy, regarding the testimony
of every other person who has examined or may thereafter
examine him in respect of the same mental or physical
examination (Section 4, Rule 28).
Please take note:
In an action in which the mental or physical
condition of a party is in controversy, the court
in which the action is pending may in its
discretion order him to submit to a physical or
mental examination by a physician (Section 1,
Rule 28).
Problem
In the prosecution for adultery filed by the Husband against
the wife, the prosecution called to the witness stand the
OBGyne who examined the Wife to testify that she was the
one who attended the giving birth of the Wife. The husband
is impossible to sire a child with the Wife as he is impotent.
The wife objected on the ground of doctor-patient privilege.
Answer
Objection overrueld. It is only applicable

to civil cases.
(Section 24(c), Rule 130).
communication. — The following persons cannot communications. – The following persons cannot
testify as to matters learned in confidence in the testify as to matters learned in confidence in the
following cases: following cases:
xxx
xxx
(d) A minister, priest or person reasonably believed
(d) A minister or priest cannot, without the to be so cannot, without the consent of the affected
consent of the person making the confession, be person, be examined as to any communication or
examined as to any confession made to or any confession made to or any advice given by him or
advice given by him in his professional character her, in his or her professional character, in the course
in the course of discipline enjoined by the church of discipline enjoined by the church to which the
to which the minister or priest belongs; minister or priest belongs.
4. Priest and Penitent
A minister, priest or person reasonably believed to be
so cannot, without the consent of the affected
person, be examined as to any communication or
confession made to or any advice given by him or her,
in his or her professional character, in the course of
discipline enjoined by the church to which the
minister or priest belongs. (Section 24(d), Rule 130).
1. A minister
2. Priest
3. Person reasonably believed to be so
(Section 24(d), Rule 130).
What mattes are considered privilege?
Any communication or confession

made to or any advice given by him or
her (Section 24(d), Rule 130).
Under what circumstance should the communication
or advice given be considered privilege?
It must be made in his or her professional

character, and in the course of the discipline
enjoined by the church to which the minister or
priest belongs. (Section 24(d), Rule 130).
communications. – The following persons cannot testify as
communication. — The following persons cannot to matters learned in confidence in the following cases:
testify as to matters learned in confidence in the
following cases: xxx
(e) A public officer cannot be examined during or after his
xxx or her tenure as to communications made to him or her in
official confidence, when the court finds that the public
(e) A public officer cannot be examined during his interest would suffer by the disclosure.
term of office or afterwards, as to
communications made to him in official The communication shall remain privileged, even in the
confidence, when the court finds that the public hands of a third person who may have obtained the
information, provided that the original parties to the
interest would suffer by the disclosure. (21a) communication took reasonable precaution to protect its
confidentiality. (24a)
5. Public Officer
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. (Section 24(e), Rule
130).
Who and what is covered by the privilege?
A public officer who received

communication in official confidence.
The communication received in official
confidence is privilege. (Section 24(e),
Rule 130).
Can a public officer be examined after his
tenure on such communication?
No. The Rules says: “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.” (Section 24(e), Rule 130).
Please take NOTE:
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. (Section 24(e), Rule 130).
2. Testimonial privilege
Section 25; Parental and Filial Privilege
Section 25. Parental and filial privilege. Section 25. Parental and Filial Privilege.
— No person may be compelled to — No person shall be compelled to
testify against his parents, other direct testify against his or her parents, other
ascendants, children or other direct direct ascendants, children or other
descendants direct descendants, except when such
testimony is indispensable in a crime
against that person or by one parent
against the other.
Filial and Parental Privilege
Parental Filial
privilege privilege
A parent cannot be A child may not be
compelled to testify compelled to testify
against his child or against his parent or
direct descendants direct ascendants
Under the Amendment:
When such testimony is indispensable in a

crime against that person or by one parent
against the other, the privilege will not apply
(Section 25, Rule 130).
2. Testimonial privilege
Section 26; Privilege Relating to Trade Secrets.
Section 26. Privilege Relating to Trade
Secrets. — A person cannot be
No counterpart provision 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.
3. Admission and Confession
Section 27; Admission of a Party
Section 26. Admission of a party Section 27. Admission of a Party.
- The act, declaration or omission — The act, declaration or
of a party as to a relevant fact omission of a party as to a
may be given in evidence against relevant fact may be given in
him evidence against him or her.
Section 28; Offer of Compromise Not Admissible
Section 27. Offer of compromise not Section 28. Offer of Compromise Not Admissible.
admissible. — In civil cases, an offer of — In civil cases, an offer of compromise is not an
admission of any liability, and is not admissible in
compromise is not an admission of any
evidence against the offeror. Neither is evidence
liability, and is not admissible in evidence of conduct nor statements made in compromise
against the offeror. negotiations admissible, except evidence
In criminal cases, except those involving otherwise discoverable or offered for another
purpose, such as proving bias or prejudice of a
quasi-offenses (criminal negligence) or those witness, negativing a contention of undue delay,
allowed by law to be compromised, an offer or proving an effort to obstruct a criminal
of compromise by the accused may be investigation or prosecution.
received in evidence as an implied admission
of guilt.
Offer of Compromise in Civil Cases
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 (Section 28, Rule 139).
Offer of Compromise in Civil Cases
It is clear in civil cases, offer of

compromise is not an admission of liability
and is not admissible against the offeror.
Also evidence of conduct or statements
during the compromise negotiation are
inadmissible. (Section 28, Rule 139).
Can the statements or conduct made during
compromise negotiation be admissible in evidence?
In some instances, YES:
1. Evidence of conduct or statements discovered other
than during the negotiation.
2. If the offer is to prove bias or prejudice of a witness
3. To negate a contention of undue delay
4. To prove an effort to obstruct a criminal
investigation or prosecution (Section 28, Rule 139).
Section 28; Offer of Compromise Not Admissible
Section 28. Offer of Compromise Not Admissible.

Section 27. Offer of compromise not admissible.
xxxx
xxxx
In criminal cases, except those involving quasi-offenses (criminal
negligence) or those allowed by law to be compromised, an offer of
A plea of guilty later withdrawn, or an compromise by the accused may be received in evidence as an implied
unaccepted offer of a plea of guilty to lesser admission of guilt.
offense, is not admissible in evidence against the A plea of guilty later withdrawn or an unaccepted offer of a plea of
accused who made the plea or offer An offer to guilty to a lesser offense is not admissible in evidence against the
pay or the payment of medical, hospital or other accused who made the plea or offer. Neither is any statement made in
the course of plea bargaining with the prosecution, which does not
expenses occasioned by an injury is not result in a plea of guilty or which results in a plea of guilty later
admissible in evidence as proof of civil or criminal withdrawn, admissible.
liability for the injury. An offer to pay, or the payment of medical, hospital or other expenses
occasioned by an injury, is not admissible in evidence as proof of civil
or criminal liability for the injury.
Offer of Compromise in Criminal Cases
Except in criminal negligence, an offer of
compromise, by the accused may be received in
evidence as an implied admission of guilt.
HOWEVER, an offer to pay, or the payment of
medical, hospital or other expenses occasioned by an
injury, is not admissible in evidence as proof of civil
or criminal liability for the injury. (Section 28, Rule
130).
Plea of Guilty During Plea Bargaining Negotiation
A plea of guilty later withdrawn or an unaccepted

offer of a plea of guilty to a lesser offense is not
admissible in evidence against the accused who
made the plea or offer. Neither is any statement
made in the course of plea bargaining with the
prosecution, which does not result in a plea of guilty
or which results in a plea of guilty later withdrawn,
admissible.(Section 28, Rule 130).
Admission during hearing for discharge of accused
to become state witness
Evidence adduced in support of the discharge

shall automatically form part of the trial. If the
court denies the motion for discharge of the
accused as state witness, his sworn statement
shall be inadmissible in evidence. (Section 17,
Rule 119).
Section 29; Admission by Third Party
Section 28. Admission by third Section 29. Admission by third
party. — The rights of a party party. — The rights of a party
cannot be prejudiced by an act, cannot be prejudiced by an act,
declaration, or omission of declaration, or omission of
another, except as hereinafter another, except as hereinafter
provided. (25a) provided. (28)
Section 30; Admission by Co-Partner or Agent.
Section 29. Admission by co-partner or agent. — Section 30. Admission by Co-Partner or Agent. —
The act or declaration of a partner or agent of the The act or declaration of a partner or agent
party within the scope of his authority and during authorized by the party to make a statement
the existence of the partnership or agency, may concerning the subject, or within the scope of his
be given in evidence against such party after the or her authority, and during the existence of the
partnership or agency is shown by evidence other partnership or agency, may be given in evidence
than such act or declaration. The same rule against such party after the partnership or agency
applies to the act or declaration of a joint owner, is shown by evidence other than such act or
joint debtor, or other person jointly interested declaration. The same rule applies to the act or
with the party. declaration of a joint owner, joint debtor, or other
person jointly interested with the party
Elements for Applicability
1. The declaration or act of the partner or agent must have
been made or done within the scope of his authority or when the
agent is authorized by the party to make a statement concerning
the subject;
2. The declaration or act must have been done during the
existence of the partnership or agency;
3. The existence of partnership or agency is proven by evidence
other than the declaration or act of the partner or agent.
Example 1
A, B, and C are partners. A, the managing partner sold the land
owned by the partnership to D, claiming that that B, and C
consented to the sale. A made such manifestation in front of B
and C which was witnessed by X.
Will the act of A, as testified to by X, admissible against B and
C?
Yes. Provided that the existence of the partnership is show by
evidence other than such declaration or act.
Example 2
A, B, and C are partners. Later, they dissolved their
partnership. While the BIR was investigating the
dissolved partnership for tax liabilities, A admitted that
they falsified receipts to evade tax liabilities.
Is the statement of A admissible against B, and C?
No. Because it was done outside the existence of the
partnership.
Problem
Quezon applied for loan with Navarro in the amount of 200K. To secure the loan,
N required Q to execute a PN and REM in favor of N. As proceeds of the loan, N
issued a check in favor of Q . Instead of handing it personally to Q, N gave the
check to Recto, N’s agent, with the instruction not to give the check to Q, unless
told by N. Recto did not give the check to Q, upon the instruction of N.
Meanwhile, Navarro foreclosed the REM on the ground that Quezon did not pay
his loan obligation.
Quezon filed an action for annulment of REM. He claimed that the REM is void
because there is no contract of loan as he did not receive the proceeds of the
loan. Among his evidence is the representation of Recto that he is instructed by
Navarro not to hand the check to him.
Is Quezon’s representation binding to Navarro?
Answer
YES.
The act or representation of Quezon will bind Navarro,
the former being the agent of Navarro. This is on the
assumption that there are other evidence which will
prove the agency other than the act or representation
of Quezon.
Read: Naguiat vs. CA, G.R. No. 118375, October 3,
2003.
Section 31; Admission by Conspiritor.
Section 30. Admission by conspirator. Section 31. Admission by Conspirator.
— The act or declaration of a — The act or declaration of a
conspirator relating to the conspiracy conspirator in furtherance of the
and during its existence, may be given conspiracy and during its existence may
in evidence against the coconspirator be given in evidence against the co-
after the conspiracy is shown by conspirator after the conspiracy is
evidence other than such act of shown by evidence other than such act
declaration. of declaration.
Section 32; Admission by Privies.
Section 31. Admission by privies. Section 32. Admission by Privies.
— Where one derives title to — Where one derives title to
property from another, the act, property from another, the
declaration, or omission of the latter's act, declaration, or
latter, while holding the title, in omission, in relation to the
relation to the property, is property, is evidence against the
evidence against the former. former if done while the latter
was holding the title.
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. (Section 32, Rule
130).
Who are privies?
“Privies” are persons who are

partakers or have an interest in
any action or thing, or any
relation to another (Black Law
Dictionary)
Requisites for the exception to apply:
1. There must be an act, declaration or omission by a
predecessor-in-interest;
2. The act, declaration, or omission of the predecessor-in-
interest must have occurred while he was holding the title
to the property
3. The act, declaration or omission must be in relation to
the property (Sec. 32, Rule 130)
Example
Z inherited a house and lot from his father X. While X was alive he
mortgaged this land to B. He openly told to everyone that the
land was mortgage to B. In a suit for judicial foreclosure of
mortgaged property against Z, B presented someone who heard X
saying that the inherited property was mortgaged to B. Z objected
on the ground that such statement would not bind him.
Is the declaration X admissible against Z?
Yes. The requisites are complied with.
Section 33; Admission by Silence.
Section 32. Admission by silence. — An Section 33. Admission by Silence. — An
act or declaration made in the presence act or declaration made in the presence
and within the hearing or observation and within the hearing or observation
of a party who does or says nothing of a party who does or says nothing
when the act or declaration is such as when the act or declaration is such as
naturally to call for action or comment naturally to call for action or comment
if not true, and when proper and if not true, and when proper and
possible for him to do so, may be given possible for him or her to do so, may be
in evidence against him. given in evidence against him or her.
Section 33; Admission by Silence.
Section 33. Confession. — The Section 34. Confession. — The
declaration of an accused declaration of an accused
acknowledging his guilt of the offense acknowledging his or her guilt of the
charged, or of any offense necessarily offense charged, or of any offense
included therein, may be given in necessarily included therein, may be
evidence against him. given in evidence against him or her.
4. Previous conduct as evidence
Section 35; Similar Acts .
Section 34. Similar acts as evidence. — Section 35. Similar Acts as Evidence. —
Evidence that one did or did not do a Evidence that one did or did not do a
certain thing at one time is not certain thing at one time is not
admissible to prove that he did or did admissible to prove that he or she did
not do the same or similar thing at or did not do the same or similar thing
another time; but it may be received to at another time; but it may be received
prove a specific intent or knowledge; to prove a specific intent or knowledge,
identity, plan, system, scheme, habit, identity, plan, system, scheme, habit,
custom or usage, and the like. custom or usage, and the like.
4. Previous conduct as evidence
Section 36; Similar Acts.
Section 35. Unaccepted offer. — An Section 36. Unaccepted offer. — An
offer in writing to pay a particular sum offer in writing to pay a particular sum
of money or to deliver a written of money or to deliver a written
instrument or specific personal instrument or specific personal
property is, if rejected without valid property is, if rejected without valid
cause, equivalent to the actual cause, equivalent to the actual
production and tender of money, production and tender of money,
instrument, or property. instrument, or property.
5. Hearsay
Section 37; Hearsay.
Section 37. Hearsay. — Hearsay is a statement other than
Section 36. Testimony generally confined to one made by the declarant while testifying at a trial or
personal knowledge; hearsay excluded. — A hearing, offered to prove the truth of the facts asserted
witness can testify only to those facts which he therein. A statement is (1) an oral or written assertion or (2)
knows of his personal knowledge; that is, which a non-verbal conduct of a person, if it is intended by him or
her as an assertion. Hearsay evidence is inadmissible except
are derived from his own perception, except as as otherwise provided in these Rule. A statement is not
otherwise provided in these rules. 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.
What is 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 Rule.
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
Let us dissect the definition of hearsay.
1. 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.
2. 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.
3. Hearsay evidence is inadmissible except as otherwise
provided in these Rule.
Elements of Hearsay
There must be an out of court

statement which was not made by the
declarant in the hearing or trial
The statement is offered by the witness-
declarant in court to prove the truth of
the matters asserted by the statement
Therefore:
All statements of an “in trial” witness
is hearsay if it is offered to prove the
substance of such testimony or to
prove the matters asserted by that
statement.
What is covered by word “statement”?
A statement is:
(1) Oral or written assertion or
(2) Non-verbal conduct of a person, if it is

intended by him or her as an assertion.
Example 1
The prosecution called Lito called to testify that he saw
Luis killed Juan and to identify the affidavit he
executed during police investigation in relation to the
crime he witnessed.
Under the present definition of hearsay, the affidavit
that would be identified by the witness is hearsay
because this affidavit is an out of court written
statement.
Example 2
The prosecution called Lito to testify that he saw Luis
killed Juan and to identify the affidavit he executed
during police investigation in relation to the crime he
witnessed and what he told his wife after seeing Luis
killed Juan.
Under the present definition of hearsay, anything that
Lito told his wife about the fact that Lito killed Juan is
hearsay because that is an oral assertion.
Example 3
The prosecution called Lito to testify that he was asked
by the police on whether he saw Luis at the seen of the
crime, he nodded.
Under the present definition of hearsay, this nodding,
of Lito when asked on whether he saw Luis at the
scene of the crime, is hearsay because it is an out of
court non-verbal conduct indicating an assertion.
Lack of Personal Knowledge
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, except as otherwise provided in
these rules.
Example 1
The prosecution presented Roberto to testify that Lito
confided to him that he saw Luis killed Juan. Roberto’s
testimony is offered to prove that Luis killed Juan.
The testimony of Roberto is objectionable based on
lack of personal knowledge. Roberto is testifying on
the statement made by Lito in order to prove the
matters asserted by the latter’s statement.
The subject of testimony is oral statement.
Example 2
The prosecution presented Roberto to testify that Lito
handed to him his written statement detailing how Luis
killed Juan. Roberto’s testimony is offered to prove that Luis
killed Juan.
The testimony of Roberto is objectionable based on lack of
personal knowledge. Roberto is testifying on the oral
statement made by Lito to prove the matters asserted by
the latter’s written statement.
The subject of testimony is a written statement.
Example 3
The prosecution presented Roberto to testify
that he saw Lito pointing to Luis when asked
who killed Juan.
The testimony of Roberto is offered to prove
that Luis killed Juan. It is objectionable based on
lack of personal knowledge.
The subject of testimony here is non-verbal act.
How do we explain this?
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
Example 1
Roberto testified that he saw Luis killed Juan. He was being
cross-examined by the counsel for the defense on the statement
he executed before the police which is inconsistent with his
present testimony.
Objection your Honor. Hearsay because that is an out of court
statement of the witness.
Objection overruled. It is not hearsay. Roberto is cross-examined
on his inconsistent statement. The purpose is to impeach his
testimony.
Example 2
Roberto testified that he saw Luis killed Juan. He was cross-
examined by the counsel for the defense on the statement he
executed before the police which is inconsistent with his present
testimony. During re-direct, the prosecution confronted Roberto with
an Affidavit he executed before the NBI which is consistent with his
testimony.
statement of the witness.
Objection overruled. It is not hearsay. Roberto is cross-examined on
his consistent statement to rebut the implied charged of fabrication.
Example 3
Roberto testified that he saw Luis killed Juan. He was being cross-
examined on how he was able to recognize Luis as the one who killed
Juan.
assertion of the witness.
Objection overruled. It is not hearsay. Roberto is cross-examined on
how he able to identify Juan.
Exception to Hearsay
1. Dying declarations (Sec. 38, Rule 130) 8. Record of regularly conducted business
activity (Sec. 45, Rule 130)
2. Statement of decedents or persons of
unsound mind (Section 39, Rule 130) 9. Entries in the official records (Sec. 46,
Rule 130)
3. Declaration against interest (Sec. 40,
Rule 130) 10. Commercial Lists and the like (Sec. 47,
Rule 130)
4. Act or declaration about pedigree (Sec.
41, Rule 130) 11. Learned treatise (Sec. 48, Rule 130)
5. Family reputation or tradition regarding 12. Testimony or deposition at the former
pedigree (Sec. 42, Rule 130) proceeding (Sec. 49, Rule 130)
6. Common reputation (Sec. 43, Rule 130) 13. Residual exception (Sec. 50, Rule 130)
7. Part of res gestae (Sec. 44, Rule 130)
5. Hearsay
Section 38; Dying Declaration.
Section 37. Dying declaration. — The Section 38. Dying declaration. — The
declaration of a dying person, made declaration of a dying person, made
under the consciousness of an under the consciousness of an
impending death, may be received in impending death, may be received in
any case wherein his death is the any case wherein his or her death is
subject of inquiry, as evidence of the the subject of inquiry, as evidence of
cause and surrounding the cause and surrounding
circumstances of such death. circumstances of such death.
5. Hearsay
Section 39; Statement of decedent or person of unsound mind.
2019 AMENDMENT
OLD RULES
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
The dead man statute is dead 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 the
circumstances indicating its lack of trustworthiness.
Statement of decedent or person of
unsound mind
Section 39 is the former Section 23. However, unlike the Section
23 of the old Rule, parties, assignor of parties or persons in
whose behalf the case is prosecuted are not anymore prohibited
to testify in an action against an executor or administrator of the
deceased or person of an unsound mind upon a claim or
demand against the estate of such deceased person or against
such person of unsound mind.
The coverage of the testimony is any statement made by the
deceased or person of unsound mind.
What are the conditions of the
admissibility those statements?
The statement 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 (Section 39, Rule 130).
When may such statements be denied
admission?
Such statement, however, is inadmissible if

made under the circumstances indicating its
lack of trustworthiness (Section 39, Rule 130).
5. Hearsay
Section 40; Dying Declaration.
Section 38. Declaration against interest.—The Section 40. Declaration against interest. - The

declaration made by a person deceased, or declaration made by a person deceased or unable to
testify against the interest of the declarant, if the fact
unable to testify, against the interest of the asserted in the declaration was at the time it was made
declarant, if the fact asserted in the declaration so far contrary to the declarant's own interest that a
was at the time it was made so far contrary to reasonable person in his or her position would not
declarant's own interest, that a reasonable man have made the declaration unless he or she believed it
in his position would not have made the to be true, may be received in evidence against himself
declaration unless he believed it to be true, may or herself or his or her successors in interest and
be received in evidence against himself or his against third persons. A statement tending to expose
successors in interest and against third persons. the declarant to criminal liability and offered to
exculpate the accused is not admissible unless
corroborating circumstances clearly indicate the
trustworthiness of the statement.
Declaration against Interest
Section 40. Declaration against interest. - The declaration made by a person
deceased or unable to testify against the interest of the declarant, if the fact
asserted in the declaration was at the time it was made so far contrary to the
declarant's own interest that a reasonable person in his or her position
would not have made the declaration unless he or she believed it to be true,
may be received in evidence against himself or herself or his or her
successors in interest and against third persons. A statement tending to
expose the declarant to criminal liability and offered to exculpate the
accused is not admissible unless corroborating circumstances clearly
indicate the trustworthiness of the statement. (Rule 130).
Example 1
In a settlement of Carlito, Luisa, the mother Carlo, presented a
letter, purportedly sent by Carlito to Luisa, acknowledging his
responsibility as the father Carlo.
The administrator of Carlito objected to said testimony and the
admission of the letter for being hearsay.
Should objection be sustained?
NO. Because such statement is in the nature of declaration
against interest under Section 40, Rule 130.
Example 2
In order to prove his innocence in the murder case filed against
him, the accused testified that Carlito, before his death,
acknowledged to have committed the crime for which the
accused was charged.
Should such testimony be admitted?
NO, unless offeror will present corroborating circumstances
that will clearly indicate the trustworthiness of the
statement (Sec. 40, Rule 130).
5. Hearsay
Section 41; Act or declaration about pedigree.
Section 39. Act or declaration about pedigree.—The Section 41. Act or declaration about pedigree. - The act or
act or declaration of a person deceased, or unable declaration of a person deceased or unable to testify, in
respect to the pedigree of another person related to him
to testify, in respect to the pedigree of another or her by birth, adoption, or marriage or, in the absence
person related to him by birth or marriage, may be thereof, with whose family he or she was so intimately
received in evidence where it occurred before the associated as to be likely to have accurate information
controversy, and the relationship between the two concerning his or her pedigree, may be received in
persons is shown by evidence other than such act evidence where it occurred before the controversy, and
or declaration. The word "pedigree" includes the relationship between the two persons is shown by
relationship, family genealogy, birth, marriage, evidence other than such act or declaration. The word
"pedigree" includes relationship, family genealogy, birth,
death, the dates when and the places where these
marriage, death, the dates when and the places where
facts occurred, and the names of the relatives. It these facts occurred, and the names of the relatives. It
embraces also facts of family history intimately embraces also facts of family history intimately connected
connected with pedigree. with pedigree.
Act or Declaration about Pedigree
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. (Rule 130).
“Requisites”
1. The declarant is dead or unable to testify;
2. The declarant is related by birth, adoption or marriage to 3. The
person whose pedigree is in issue; 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;
4. The declaration was made before the controversy;
5. The relationship between the two persons is shown by evidence
other than such declaration.
What is pedigree?
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.
Example
The declaration of A who is dead already, prior
to his death and prior to any controversy, that B
is his illegitimate son, is a declaration about
pedigree. Similarly, a statement from a mother
while living, that her daughters, C and D, were
sired by the same father is admissible.
5. Hearsay
Section 42; Family reputation or tradition regarding pedigree.
Section 40. Family reputation or tradition Section 42. Family reputation or tradition
regarding pedigree.— The reputation or tradition regarding pedigree. — The reputation or tradition
existing in a family previous to the controversy, in existing in a family previous to the controversy, in
respect to the pedigree of any one of its respect to the pedigree of any one of its
members, may be received in evidence if the members, may be received in evidence if the
witness testifying thereon be also a member of witness testifying thereon be also a member of
the family, either by consanguinity or affinity. the family, either by consanguinity, affinity, or
Entries in family bibles or other family books or adoption. Entries in family bibles or other family
charts, engraving on rings, family portraits and books or charts, engraving on rings, family
the like, may be received as evidence of pedigree. portraits and the like, may be received as
evidence of pedigree.
Family Reputation or Tradition
Regarding 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. (Rule 130).
Requisites
1. There is controversy in respect to the pedigree of any
members of the family
2. The reputation or traditions of the pedigree of the
person concerned existed previous to the controversy.
3. The witness testifying to the refutation or tradition
regarding the pedigree of the person is a member of the
family of said person, either by consanguinity of affinity.
Example
In a statutory rape case, the issue is the age of the
victim. The grandfather testified that the victim was
born on September 5, 1976 basing on the information
from the mother of the child.
Is the testimony admissible?
Yes. Section 40, Rule 130 applies.
People vs. Alegado, 201 SCRA 37
5. Hearsay
Section 43; Common Reputation.
Section 41. Common reputation.— Section 43. Common reputation. — Common

reputation existing previous to the
Common reputation existing previous controversy, as to boundaries of or customs
to the controversy, respecting facts of affecting lands in the community and
public or general interest more than reputation as to events of general history
thirty years old, or respecting marriage important to the community, or respecting
or moral character, may be given in marriage or moral character, may be given in
evidence, Monuments and inscriptions evidence. Monuments and inscriptions in
in public places may be received as public places may be received as evidence of
common reputation.
evidence of common reputation.
Common Reputation
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.
(Rule 130).
Please take NOTE:
Common reputation in community cannot be admitted to
prove pedigree, except marriage which can be evidenced by
common reputation. The SC ruled:
◦ [T]he weight of authority appears to be in favor of the theory that it is the
general repute, the common reputation in the family, and not the common
reputation in community, that is a material element of evidence going to
establish pedigree. . . . [Thus] matters of pedigree may be proved by
reputation in the family, and not by reputation in the neighborhood or vicinity,
except where the pedigree in question is marriage which may be proved by
common reputation in the community (Jison vs. CA, GR No. 124853, February
24, 1998).
5. Hearsay
Section 44; Part of Res Gestae.
Section 42. Part of the res gestae.—Statements Section 44. Part of the res gestae. — Statements
made by a person while a startling occurrence is made by a person while a startling occurrence is
taking place or immediately prior or subsequent taking place or immediately prior or subsequent
thereto with respect to the circumstances thereto, under the stress of excitement caused
thereof, may be given in evidence as part of the by the occurrence with respect to the
res gestae. So, also, statements accompanying an circumstances thereof, may be given in evidence
equivocal act material to the issue, and giving it a as part of the res gestae. So, also, statements
legal significance, may be received as part of accompanying an equivocal act material to the
the res gestae issue, and giving it a legal significance, may be
received as part of the res gestae.
Part of Res Gestae
Section 44. Part of the res gestae. — Statements made by a
person while a startling occurrence is taking place or
immediately prior or subsequent thereto, under the stress
of excitement caused by the occurrence with respect to the
circumstances thereof, may be given in evidence as part of
the res gestae. So, also, statements accompanying an
equivocal act material to the issue, and giving it a legal
significance, may be received as part of the res gestae. (Rule
130).
Kinds of Res Gestae
Spontaneous statements
Verbal acts
Elements of Res Gestae (Spontaneous
statement)
1. There is a startling occurrence.
2. A statement was made while the event is taking place, or immediately prior or
subsequent thereto.
3. The statement was made before the declarant had time to contrive or devise
falsehood.
4. The statement relates to the circumstances of the startling event or occurrence.

Example 1
The requisites were meet in one case where the victim
went to her aunt’s house immediately after escaping from
the crime scene and spontaneously, unhesitatingly and
immediately declared to her that the accused had sexually
abused her. Such manner of denunciation of him as rapist
was confirmed by the aunt’s testimony about the victim’s
panic-stricken demeanor and her use of words sufficiently
indicating her being raped (People vs. Lupac, September
19, 2012)
Example 2
When the deceased gave the identity of his assailant to
another, he was referring to a startling occurrence, i.e., his
stabbing by the accused. The victim was then on board the
taxicab that would bring him to the hospital and, had no
time to contrive his identification of the accused as the
assailant. His utterance about the accused having stabbed
his was made in spontaneity and only in reaction to a
startling occurrence (People vs. Salafranca, 666 SCRA
501).
Example 3
Ernesto's statement referred to a startling occurrence, that
is, him being stabbed by Dodong, Eugene, Ramil, and a
certain "Palaka." At the time he relayed his statement to
Julie Ann, he was wounded and blood oozed from his chest.
Given his condition, it is clear that he had no time to
contrive the identification of his assailants. Hence, his
utterance was made in spontaneity and only in reaction to
the startling occurrence. Definitely, such statement is
relevant because it identified the authors of the crime.
(People vs. Santillan, GR No. 227878, August 9, 2017).
Manner of analyzing res gestae
Analyze whether there is a starling occurrence.
When is the utterance made in relation of startling

occurrence. There should be an element of immediacy
What is the tenor of the statement uttered? It should

be related to the circumstances of the event.
Verbal acts as res gestae
Requistes: The principal act to be categorized must be
equivocal
The equivocal act must be material to the issue
The statement must accompany the equivocal

act
The statement gives a legal significance to
equivocal act
Example
In a collection suit filed by A against B where the loan is not evidence by a written
document.
Q. Mr. witness, did you testify that you saw the plaintiff give money to the
defendant?
A. I did, sir.
Q. What, if any, did anybody say at the time the money was handed over by the
plaintiff to the defendant?
A. As the plaintiff handed the money, he said to the defendant “This is the P10,000
you told me you were borrowing from me.”
Q. What did the defendant say, if any?
A. The defendant said, “Thank you. I will pay you after a year.
5. Hearsay
Section 45; Records of regularly conducted business activity.
Section 43. Entries in the course of business.— Section 45. Records of regularly conducted business
Entries made at, or near the time of the activity. — A memorandum, report, record or data
transactions to which they refer, by a person compilation of acts, events, conditions, opinions, or
diagnoses, made by writing, typing, electronic,
deceased, or unable to testify, who was in a optical or other similar means at or near the time of
position to know the facts therein stated, may be or from transmission or supply of information by a
received as prima facie evidence, if such person person with knowledge thereof and kept in the
made the entries in his professional capacity or in regular course or conduct of a business activity, and
the performance of duty and in the ordinary or such was the regular practice to make the
regular course of business or duty. 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.
Records of Regularly Conducted
Business Activity
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. (Rule 130).
What will be testified to under
Section 45?
Records of business activity, which includes
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 (Sec. 45, Rule 130).
Who will be testify on those records of
business activity?
By the custodian of those records or other
qualified witness (Sec. 45, Rule 130).
This is considered an exception to the
hearsay rule because the custodian is not
actually the one who recorded the
business activity.
5. Hearsay
Section 46; Entries in official records.
Section 44. Entries in official records.— Section 46. Entries in official records. -
Entries in official records made in the Entries in official records made in the
performance of his duty by a public performance of his or her duty by a
officer of the Philippines, or by a person public officer of the Philippines, or by a
in the performance of a duty specially person in the performance of a duty
enjoined by law, are prima specially enjoined by law, are prima
facie evidence of the facts therein facie evidence of the facts therein
stated. stated.
Entries in Official Records
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 (Rule 130).
Requisites
1. The entry was made by a public officer or by another
person specifically enjoined by law to do so.
2. It was made by the public officer, or by such other person in
the performance of a duty specifically enjoined by law
3. The public officer had sufficient knowledge of the facts he
stated which must have been acquired by the public officer
personally or through official information (Alvarez v. PICOP
Resources, G.R. Nos. 162243, 164516 & 171875, December
3, 2009, 606 SCRA 444, 525; citing Africa v. Caltex, 123 Phil.
272, 277 (1966).
DST Movers Corp. vs. People’s General
Insurance,
Jan. 13, 2016
It is plain to see that the matters indicated in the Report are not
matters that were personally known to PO2 Tomas. The Report
is candid in admitting that the matters it states were merely
reported to PO2 Tomas by "G. Simbahon of PNCC/SLEX." It was
this "G. Simbahon," not PO2 Tomas, who had personal
knowledge of the facts stated in the Report. Thus, even as the
Report embodies entries made by a public officer in the
performance of his duties, it fails to satisfy the third requisite for
admissibility for entries in official records as an exception to the
Hearsay Rule.
5. Hearsay
Section 47; Commercial Lists and the Like.
Section 45. Commercial lists and the like.— Section 47. Commercial lists and the like. -
Evidence of statements of matters of interest to Evidence of statements of matters of interest to
persons engaged in an occupation contained in a persons engaged in an occupation contained in a
list, register, periodical, or other published list, register, periodical, or other published
compilations admissible as tending to prove the compilation is admissible as tending to prove the
truth of any relevant matter so stated if that truth of any relevant matter so stated if that
compilation is published for use by persons compilation is published for use by persons
engaged in that occupation and is generally used engaged in that occupation and is generally used
and relied upon by them therein. and relied upon by them therein.
5. Hearsay
Section 48; Learned Treatise.
Section 46. Learned treatises.—A published Section 48. Learned treatises. - A published
treatise, periodical or pamphlet on a subject of treatise, periodical or pamphlet on a subject of
history, law, science or art is admissible as history, law, science, or art is admissible as
tending to prove the truth of a matter stated tending to prove the truth of a matter stated
therein if the court takes judicial notice, or a therein if the court takes judicial notice, or a
witness expert in the subject testifies, that the witness expert in the subject testifies, that the
writer of the statement in the treatise, periodical writer of the statement in the treatise, periodical
or pamphlet is recognized in his profession or or pamphlet is recognized in his or her profession
calling as expert in the subject. or calling as expert in the subject.
5. Hearsay
Section 49; Testimony or deposition at a former proceeding.
Section 47. Testimony or deposition at a former Section 49.Testimony or deposition at a former
proceeding.—The testimony or deposition of a proceeding. - The testimony or deposition of a
witness deceased or unable to testify, given in a witness deceased or out of the Philippines or
former case or proceeding, judicial or who cannot, with due diligence, be found
administrative, involving the same parties and therein, or is unavailable or otherwise unable to
subject matter, may be given in evidence against testify, given in a former case or proceeding,
the adverse party who had the opportunity to judicial or administrative, involving the same
cross-examine him. parties and subject matter, may be given in
evidence against the adverse party who had the
opportunity to cross-examine him or her.
Testimony or deposition at a Former
Proceeding
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. (Rule 130).
Requisites
1. The witness is dead or out of the Philippines or who cannot, with due diligence,
be found therein, or is unavailable or otherwise unable to testify
2. His testimony or deposition was given in a former case or proceeding, judicial or
administrative, between the same parties or those representing the same parties
3. The former case involved the same subject as that in the present case, although on
different cause of action
4. The issue testified to by the witness in the former trial is the same issue involved
in the present case
5. The adverse party had the opportunity to cross-examine the witness in the former
case (Manliclic vs. Calaunan, 512 SCRA 642).
5. Hearsay
Section 50; Testimony or deposition at a former proceeding.
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
No similar provision in the 1997 rules of court. 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,
sufficiently in advance of the hearing, or by the pre-trial stage in
the case of a trial of the main case, to provide the adverse party
with a fair opportunity to prepare to meet it, the proponent’s
intention to offer the statement and the particulars of it,
including the name and address of the declarant. (n)
Let us dissect 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.
Residual exception
The rule provides that the focus for
trustworthiness is on circumstantial guarantees
surrounding the making of the statement itself,
as well as any independent evidence
corroborating the statement. The credibility of
the witness relating the statement is not a part
of either inquiry.
Rationale for residual exception
The "residual exception" rule is essentially a
recognition that the other rules dealing with
hearsay exceptions could not reasonably cover
and address each and every type of hearsay
evidence and the factual and legal situations
under which a party might argue for its
admission.
Requirement for application of residual
exception
In order for a party to rely on the rule on residual
exception for the admission of hearsay, it must
advise the opposing party sufficiently in advance of
the trial or hearing about the statement and the
name and address of the declarant. This is to allow
the opposing party time to prepare its response to
arguments in support of the proposed admission.
Residual evidence is related to “standard
of totality of evidence rule”
It is the consideration of all the pieces of evidence adduced in
their totality, and to consider any evidence otherwise
inadmissible under our usual rules to be admissible if it is
consistent with the admissible evidence adduced. In other
words, it is the reduction of the rules to the most basic test of
reason — i.e., to the relevance of the evidence to the issue at
hand and its consistency with all other pieces of adduced
evidence. Thus, even hearsay evidence can be admitted if it
satisfies this basic minimum test (Razon, Jr. v. Tagitis, December
3, 2009, 606 SCRA 598).
7. Opinion
Section 51; General Rule
Section 48. General rule.—The Section 51. General rule.—The
opinion of a witness is not opinion of a witness is not
admissible, except as indicated in admissible, except as indicated in
the following sections the following sections
7. Opinion Rule
Section 52; Opinion Expert
Section 49. Opinion of expert witness.— Section 52. Opinion of expert witness.
The opinion of a witness on a matter The opinion of a witness on a matter
requiring special knowledge, skill, requiring special knowledge, skill,
experience or training which he is experience, training or education,
shown to possess, may be received in which he or she is shown to possess,
evidence. may be received in evidence.
7. Opinion Rule
Section 53; Opinion of Expert
Section 50. Opinion of ordinary witnesses.—The Section 53. Opinion of ordinary witnesses. - The opinion
opinion of a witness for which proper basis is given, of a witness, for which proper basis is given, may be
may be received in evidence regarding— received in evidence regarding –
(a) The identity of a person about whom he has (a) The identity of a person about whom he or she has
adequate knowledge; adequate knowledge;
(b) A handwriting with which he has sufficient (b) A handwriting with which he or she has
familiarity; and sufficient familiarity; and
(c) The mental sanity of a person with whom he is (c) The mental sanity of a person with whom he
sufficiently acquainted. or she is sufficiently acquainted.
The witness may also testify on his impressions of the The witness may also testify on his or her impressions of
the emotion, behavior, condition or appearance of a
motion, behavior, condition or appearance of a person.
person.
8. Character Evidence
Section 54; Character Evidence Not Generally Admissible; Exceptions.
Sec. 51. Character evidence not Sec. 54. Character Evidence Not
generally admissible; exceptions. – 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: (a) In Criminal Cases:
1) The accused may prove his good moral 1) The character of the offended party may
character which is pertinent to the moral trait be proved if it tends to establish in any
involved in the offense charged. reasonable degree the probability or
2) Unless in rebuttal, the prosecution may not improbability of the offense charged.
prove his bad moral character which is pertinent 2) The accused may prove his or her good
to the moral trait involved in the offense charged. moral character, pertinent to the moral trait
3) The good or bad moral character of the involved in the offense charged. However, the
offended party may be proved if it tends to prosecution may not prove his or her bad
establish in any reasonable degree the probability moral character unless on rebuttal.
or improbability of the offense charged.
(b)In Civil Cases: (b) In Civil Cases:
Evidence of the moral character of a Evidence of the moral character of a
party in a civil case is admissible only party in a civil case is admissible only
when pertinent to the issue of character when pertinent to the issue of
involved in the case. character involved in the case.
(c) In Criminal and Civil Cases:
(c) In the case provided for in Rule 132,
Evidence of the good character of a witness is not
Section 14. 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.
When is evidence of person’s
character or trait of character not
admissible?
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
When is evidence of person’s character or trait
of character admissible in criminal cases?
1) The character of the offended party may be proved if it tends to
establish in any reasonable degree the probability or improbability
of the offense charged.
2) The accused may prove his or her good moral character,
pertinent to the moral trait involved in the offense charged.
However, the prosecution may not prove his or her bad moral
character unless on rebuttal. (Section 54(a), Rule 130).
3) Evidence of the good character of a witness is not admissible
until such character has been impeached (Section 54[c]).
When is evidence of person’s character or
trait of character admissible in civil cases?
1) Evidence of the moral character of a party in a civil
case is admissible only when pertinent to the issue of
character involved in the case.
2) Evidence of the good character of a witness is not

admissible until such character has been impeached
(Section 54[c]).
In case character or trait of character
is admissible, how is it proved?
1. 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.
2. In cases in which character or a trait of character of a
person is an essential element of a charge, claim or defense,
proof may also be made of specific instances of that person's
conduct. (Section 54[c], Rule 130).
.
RULE 131: Burden of Proof, Burden of
Evidence and Presumptions
Section 1; Burden of Proof
SEC. 1. Burden of Proof and Burden of Evidence.
Sec. 1. Burden of proof. – Burden of — Burden of proof is the duty of a party to
proof is the duty of a party to present present evidence on the facts in issue necessary
evidence on the facts in issue necessary to establish his or her claim or defense by the
to establish his claim or defense by the amount of evidence required by law. Burden of
proof never shifts.
amount of evidence required by law.
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.
What is burden of proof?
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 (Section 1, Rule 131).
Relevant Concepts on Burden of Proof
In civil cases, it is a basic rule that the party making allegations has the
burden of proving them by preponderance of evidence. By
preponderance of evidence is meant that evidence adduced by one side
is, as a whole, superior to that of the other side (NFF Industrial
Corporation vs. G& L Brokerage, January 12, 2015).
In administrative cases, the complainant bears the burden in proving the

averments of his complaint by substantial evidence. However,
conjectures and suppositions are not sufficient to prove accusations
(Lorenzana vs. Austria, April 2, 2014).
Relevant concepts on burden of proof
The burden of proof that a debt was contracted

lies with the creditor-plaintiff. He who asserts,
not who denies, must prove (Homeowners
Savings & Loan Bank vs. Dailo, 453 SCRA 283).
However, he who pleads payment has the
burden of proving it. (Bognot vs. RRI Lending,
September 24, 2014)
What is the test for determining where the burden of
proof lies?
Ask: Which party to an action or suit will fail if he

offers no evidence competent to show the facts
averred as basis for the relief he seeks to obtain.
If the defendant has affirmative defenses, he has
the burden of proving them (Aznar Brothers
Realty vs. Aying, 458 SCRA 496).
What is burden of evidence
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 evidence?
It is the duty of a party to go forward with
evidence to overthrow the prima facie evidence
against him (People vs. CA, February 25, 2015)
If the accused admits the killing, the burden of
evidence is shifted to the accused to prove his
defenses (Flores vs. People, February 27, 2013)
Section 2; Conclusive Presumptions
Sec. 2. Conclusive presumptions. – The following are Sec. 2. Conclusive Presumptions. — The following are
instances of conclusive presumptions: instances of conclusive presumptions:
(a) Whenever a party has, by his own declaration, (a) Whenever a party has, by his or her own
act, or omission, intentionally and deliberately led declaration, act, or omission, intentionally and
another to believe a particular thing is true, and to deliberately led another to believe a particular thing
act upon such belief, he cannot, in any litigation true, and to act upon such belief, he or she cannot,
in any litigation arising out of such declaration, act or
arising out of such declaration, act, or omission,
omission, be permitted to falsify it; and
be permitted to falsify it.
(b) The tenant is not permitted to deny the title of
(b) The tenant is not permitted to deny the title his or her landlord at the time of the
of his landlord at the time of the commencement of the relation of landlord and tenant
commencement of the relation of landlord and between them.
tenant between them.
Presumption
• It is an assumption of fact resulting from the
rule of law which require such fact to be
assumed from another fact or group of facts
found or otherwise established in an action
Concep (Black Law Dictionary)
t • It is an inference of the existence or non-

existence of a fact which courts are permitted to
draw from proof of other facts (In the matter of
the Intestate of Delgado and Rustia, 480 SCRA
334)
Examples
Prior rents or installments had been paid when a
receipt for the later installment is produced (Sec. 3(i),
Rule 131; Art. 1177).
Common Carrier is presumed to be liable (1756).
Money paid by one to another was due to the latter
(Sec. 3(f), Rule 131).
Official duty has been regularly performed (Sec. 3(m),
Rule 131).
Kinds of Presumption
Conclusive – when the presumption becomes

irrebuttable upon the presentation of evidence and any
evidence tending to rebut the presumption is not
admissible
Disputable – if it may be contradicted by other evidence.

Example of estoppel
Persons who assume to be a corporation

without legal authority to act as such shall
be considered a corporation by estoppel
and shall be liable as general partners
(Sec. 21, CCP)
Section 3; Disputable Presumptions
Sec. 3. Disputable presumptions. – The following Sec. 3. Disputable presumptions. – The following
presumptions are satisfactory if uncontradicted, but presumptions are satisfactory if uncontradicted, but
may be contradicted and overcome by other may be contradicted and overcome by other
evidence: evidence:
(a) That a person is innocent of crime or wrong; (a) That a person is innocent of crime or wrong;
(b) That an unlawful act was done with an (b) That an unlawful act was done with an unlawful
unlawful intent; intent;
(c) That a person intends the ordinary (c) That a person intends the ordinary
consequences of his voluntary act; consequences of his or her voluntary act;
(d) That a person takes ordinary care of his (d) That a person takes ordinary care of his or her
concerns; concerns;
(e) That evidence willfully suppressed would be (e) That evidence willfully suppressed would be
adverse if produced; adverse if produced;
(f) That money paid by one to another was due (f) That money paid by one to another was due
to the latter; to the latter;
(g) That a thing delivered by one to another (g) That a thing delivered by one to another
belonged to the latter; belonged to the latter;
(h) That an obligation delivered up to the debtor (h) That an obligation delivered up to the debtor
has been paid; has been paid;
(i) That prior rents or installments had been paid (i) That prior rents or installments had been paid
when a receipt for the latter ones is produced; when a receipt for the latter ones is produced;
(j) That a person found in possession of a thing (j) That a person found in possession of a thing
taken in the doing of a recent wrongful act is the taken in the doing of a recent wrongful act is the
taker and the doer of the whole act; otherwise, taker and the doer of the whole act; otherwise,
that things which a person possesses, or exercises that things which a person possesses, or exercises
acts of ownership over, are owned by him; acts of ownership over, are owned by him or her;
(k) That a person in possession of an order on (k) That a person in possession of an order on
himself for the payment of the money, or the himself or herself for the payment of the money, or
delivery of anything, has paid the money or the delivery of anything, has paid the money or
delivered the things accordingly; delivered the things accordingly;
(l) That a person acting in a public office was (l) That a person acting in a public office was
regularly appointed or elected to it; regularly appointed or elected to it;
(m) That official duty has been regularly performed; (m) That official duty has been regularly performed;
(n) That a court, or judge acting as such, whether in (n) That a court, or judge acting as such, whether
the Philippines or elsewhere, was acting in in the Philippines or elsewhere, was acting in the
the lawful exercise of jurisdiction; lawful exercise of jurisdiction;
(o) That all the matters within an issue raised in a (o) That all the matters within an issue raised in a
case were laid before the court and passed upon case were laid before the court and passed upon by
by it; and in like manner that all matters within an it; and in like manner that all matters within an
issue raised in a dispute submitted for arbitration issue raised in a dispute submitted for arbitration
were laid before the arbitrators and passed upon were laid before the arbitrators and passed upon
by them; by them;
(p) That private transactions have been fair and (p) That private transactions have been fair and
regular; regular;
(q) That the ordinary course of business has been (q) That the ordinary course of business has been
followed; followed;
Section 3; Disputable Presumption
(r) That there was a sufficient consideration for a (r) That there was a sufficient consideration for a
contract; contract;
(s) That a negotiable instrument was given or (s) That a negotiable instrument was given or
indorsed for a sufficient consideration; indorsed for a sufficient consideration;
(t) That an indorsement of a negotiable (t) That an indorsement of a negotiable
instrument was made before the instrument was instrument was made before the instrument was
overdue and at the place where the instrument is overdue and at the place where the instrument is
dated; dated;
(u) That a writing is truly dated; (u) That a writing is truly dated;
(v) That a letter duly directed and mailed was (v) That a letter duly directed and mailed was
received in the regular course of the mail; received in the regular course of the mail;
(w) That after an absence of seven years, it being (w) That after an absence of seven years, it being
unknown whether or not the absentee still lives, he is unknown whether or not the absentee still lives, he or
considered dead for all purposes, except for those of she is considered dead for all purposes, except for those
succession. of succession.
The absentee shall not be considered dead for the purpose The absentee shall not be considered dead for the purpose
of opening his succession till after an absence of ten years. If of opening his or her succession until after an absence of
he disappeared after the age of seventy-five years, an ten years. If he or she disappeared after the age of seventy-
absence of five years shall be sufficient in order that his five years, an absence of five years shall be sufficient in
succession may be opened. order that his or her succession may be opened.
The following shall be considered dead for all purposes The following shall be considered dead for all purposes
including the division of the estate among the heirs: including the division of the estate among the heirs:
(1) A person on board a vessel lost during a sea voyage, or (1) A person on board a vessel lost during a sea voyage,
an aircraft with is missing, who has not been heard of for or an aircraft with is missing, who has not been heard
four years since the loss of the vessel or aircraft; 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 (2) A member of the armed forces who has taken part in armed
hostilities, and has been missing for four years; hostilities, and has been missing for four years;
(3) A person who has been in danger of death under other (3) A person who has been in danger of death under other
circumstances and whose existence has not been known for four circumstances and whose existence has not been known for four
years; years; and
(4) If a married person has been absent for four consecutive (4) If a married person has been absent for four consecutive
years, the spouse present may contract a subsequent marriage if years, the spouse present may contract a subsequent marriage if
he or she has well-founded belief that the absent spouse is he or she has well-founded belief that the absent spouse is
already death. In case of disappearance, where there is a danger already death. In case of disappearance, where there is a danger
of death the circumstances hereinabove provided, an absence of of death the circumstances hereinabove provided, an absence
only two years shall be sufficient for the purpose of of only two years shall be sufficient for the purpose of
contracting a subsequent marriage. However, in any case, before contracting a subsequent marriage. However, in any case, before
marrying again, the spouse present must institute a summary marrying again, the spouse present must institute a summary
proceedings as provided in the Family Code and in the rules for proceedings as provided in the Family Code and in the rules for
declaration of presumptive death of the absentee, without declaration of presumptive death of the absentee, without
prejudice to the effect of reappearance of the absent spouse. prejudice to the effect of reappearance of the absent spouse.
(x) That acquiescence resulted from a (x) That acquiescence resulted from a
belief that the thing acquiesced in was belief that the thing acquiesced in was
conformable to the law or fact; conformable to the law or fact;
(y) That things have happened according (y) That things have happened according
to the ordinary course of nature and to the ordinary course of nature and
ordinary nature habits of life; ordinary nature habits of life;
(z) That persons acting as copartners have (z) That persons acting as copartners have
entered into a contract of co- partneship; entered into a contract of co- partneship;
(aa) That a man and woman deporting themselves as (aa) That a man and woman deporting themselves as
husband and wife have entered into a lawful contract husband and wife have entered into a lawful contract of
of marriage; marriage;
(bb) That property acquired by a man and a woman (bb) That property acquired by a man and a woman
who are capacitated to marry each other and who live who are capacitated to marry each other and who live
exclusively with each other as husband and wife without exclusively with each other as husband and wife without
the benefit of marriage or under void marriage, has been the benefit of marriage or under void marriage, has been
obtained by their joint efforts, work or industry. obtained by their joint efforts, work or industry.
(cc) That in cases of cohabitation by a man and a (cc) That in cases of cohabitation by a man and a
woman who are not capacitated to marry each other and woman who are not capacitated to marry each other and
who have acquire properly through their actual joint who have acquire properly through their actual joint
contribution of money, property or industry, such contribution of money, property or industry, such
contributions and their corresponding shares including contributions and their corresponding shares including
joint deposits of money and evidences of credit are joint deposits of money and evidences of credit are
equal. equal.
(dd) That if the marriage is terminated and the (dd) That if the marriage is terminated and the
mother contracted another marriage within three hundred mother contracted another marriage within three hundred
days after such termination of the former marriage, these days after such termination of the former marriage, these
rules shall govern in the absence of proof to the contrary: rules shall govern in the absence of proof to the contrary:
(1) A child born before one hundred eighty days after the (1) A child born before one hundred eighty (180) days after
solemnization of the subsequent marriage is considered to the solemnization of the subsequent marriage is considered
have been conceived during such marriage, even though it to have been conceived during such marriage, even though
be born within the three hundred days after the termination it be born within the three hundred days after the
of the former marriage. termination of the former marriage; and
(2) A child born after one hundred eighty days following (2) A child born after one hundred eighty (180) days
the celebration of the subsequent marriage is considered to following the celebration of the subsequent marriage is
have been conceived during such marriage, even though it considered to have been conceived during such marriage,
be born within the three hundred days after the termination even though it be born within the three hundred days after
of the former marriage. the termination of the former marriage.
(ee) That a thing once proved to exist (ee) That a thing once proved to exist
continues as long as is usual with continues as long as is usual with
things of the nature; things of the nature;
(ff) That the law has been obeyed; (ff) That the law has been obeyed;
(gg) That a printed or published (gg) That a printed or published
book, purporting to be printed or book, purporting to be printed or
published by public authority, was so published by public authority, was so
printed or published; printed or published;
(hh) That a printed or published book, (hh) That a printed or published book,
purporting contain reports of cases purporting contain reports of cases
adjudged in tribunals of the country where adjudged in tribunals of the country where
the book is published, contains correct the book is published, contains correct
reports of such cases; reports of such cases;
(ii) That a trustee or other person whose (ii) That a trustee or other person whose
duty it was to convey real property to a duty it was to convey real property to a
particular person has actually conveyed it particular person has actually conveyed it
to him when such presumption is necessary to him or her when such presumption is
to perfect the title of such person or his necessary to perfect the title of such
successor in interest; person or his or her successor-in-interest;
(jj) That except for purposes of succession, when two persons perish (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 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 shown who died first, and there are no particular circumstances from
which it can be inferred, the survivorship is determined from the which it can be inferred, the survivorship is determined from the
probabilities resulting from the strength and the age of the sexes, probabilities resulting from the strength and the age of the sexes,
according to the following rules: according to the following rules:
1. If both were under the age of fifteen years, the older is deemed to 1. If both were under the age of fifteen years, the older is deemed to
have survived; have survived;
2. If both were above the age sixty, the younger is deemed to have 2. If both were above the age sixty, the younger is deemed to have
survived; survived;
3. If one is under fifteen and the other above sixty, the former is deemed 3. If one is under fifteen and the other above sixty, the former is deemed
to have survived; to have survived;
4. If both be over fifteen and under sixty, and the sex be different, the 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; 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 5. If one be under fifteen or over sixty, and the other between those
ages, the latter is deemed to have survived. ages, the latter is deemed to have survived.
(kk) That if there is a doubt, as (kk) That if there is a doubt, as
between two or more persons who between two or more persons who
are called to succeed each other, as to are called to succeed each other, as to
which of them died first, whoever which of them died first, whoever
alleges the death of one prior to the alleges the death of one prior to the
other, shall prove the same; in the other, shall prove the same; in the
absence of proof, they shall be absence of proof, they shall be
considered to have died at the same considered to have died at the same
time. (5a) time. (5a)
Section 4; No Presumption of Legitimacy
Section 4. No presumption of legitimacy Section 4. No presumption of
or illegitimacy. — There is no legitimacy or illegitimacy. — There is no
presumption of legitimacy of a child presumption of legitimacy or
born after three hundred days following illegitimacy of a child born after three
the dissolution of the marriage or the hundred days following the dissolution
separation of the spouses. Whoever of the marriage or the separation of the
alleges the legitimacy or illegitimacy of spouses. Whoever alleges the
such child must prove his allegation legitimacy or illegitimacy of such child
must prove his or her allegation
Section 5; Presumptions in Civil Actions and Proceedings
Section 5. Presumptions in Civil Actions and
Proceedings. — In all civil actions and
proceedings not otherwise provided for by the
No comparable provision under the old rule 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.
What is the effect of presumption?
A party in whose favor the legal presumption
exists may rely on and invoke such legal
presumption to establish a fact in issue. One
need not introduced evidence to prove the fact
for a presumption is prima facie proof of the
fact presumed (Diesel Construction vs. UPSI
Property, 549 SCRA 12)
Section 6; Presumption agaisnt an Accused in Criminal Cases
Section 6. Presumption against an
Accused in Criminal Cases. — If a
No comparable provision under the old rule 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.
RULE 131: Burden of Proof, Burden of Evidence
and Presumptions
The provision simply means that if the presumed fact is an element of crime, the fact from
which the presumed fact was derived and the intimate connection between the two must be
proved beyond reasonable doubt.
Example: BP 22. on of the elements is: The knowledge of the maker, drawer, or issuer that at the
time of issue he does not have sufficient funds in or credit with the drawee bank for the payment
of such check in full upon its presentment.
What is evidence of knowledge of insufficiency of funds? The making, drawing and issuance of a
check payment of which is refused by the drawee because of insufficient funds in or credit with
such bank, when presented within ninety (90) days from the date of the check, shall be prima
facie evidence of knowledge of such insufficiency of funds or credit unless such maker or drawer
pays the holder thereof the amount due thereon, or makes arrangements for payment in full by
the drawee of such check within (5) banking days after receiving notice that such check has not
been paid by the drawee.
and Presumptions
Therefore, under Section 6, Rule 130, the prosecution must
prove beyond reasonable doubt the fact that the accused made,
drew and issued of a check payment of which is refused by the
drawee because of insufficient funds in or credit with such
bank, when presented within ninety (90) days from the date of
the check and the accused did not pay the same or make
arrangements for payment in full by the drawee of such check
within (5) banking days after receiving notice that such check
has not been paid by the drawee.
and Presumptions
Another example: Estafa, through misappropriation under Article
315 par. 1(b).
The failure to return upon demand the properties which one has
the duty to return is tantamount to appropriating the same for
his own personal use.
The fact that accused failed to return the property upon demand
must be proved by proof beyond reasonable doubt because it is
the basis fact from which the fact presumed is derived.
RULE 132: Presentation of Evidence
A. Examination of Witness
Section 1; Examination to be Done in Open Court
Section 1. Examination to be done in Section 1. Examination to be done in
open court. — The examination of open court. — The examination of
witnesses presented in a trial or hearing witnesses presented in a trial or hearing
shall be done in open court, and under shall be done in open court, and under
oath or affirmation. Unless the witness oath or affirmation. Unless the witness
is incapacitated to speak, or the is incapacitated to speak, or the
questions calls for a different mode of questions calls for a different mode of
answer, the answers of the witness shall answer, the answers of the witness shall
be given orally. be given orally.
Section 2; Proceedings to be recorded
Section 2. Proceedings to be recorded. — The entire Section 2. Proceedings to be recorded. — The entire
proceedings of a trial or hearing, including the proceedings of a trial or hearing, including the
questions propounded to a witness and his answers questions propounded to a witness and his or her
thereto, the statements made by the judge or any of answers thereto, the statements made by the judge
the parties, counsel, or witnesses with reference to or any of the parties, counsel, or witnesses with
the case, shall be recorded by means of shorthand or reference to the case, shall be recorded by means of
stenotype or by other means of recording found shorthand or stenotype or by other means of
suitable by the court. recording found suitable by the court.
A transcript of the record of the proceedings made by A transcript of the record of the proceedings made by
the official stenographer, stenotypist or recorder and the official stenographer, stenotypist or recorder and
certified as correct by him shall be deemed prima certified as correct by him or her shall be
facie a correct statement of such proceedings. deemed prima facie a correct statement of such
proceedings.
Section 3; Rights and Obligation of a Witness
Section 3. Rights and obligations of a witness. — A witness must Section 3. Rights and obligations of a witness. — A witness must answer
answer questions, although his answer may tend to establish a claim questions, although his or her answer may tend to establish a claim against
against him. However, it is the right of a witness: him or her. However, it is the right of a witness:
(1) To be protected from irrelevant, improper, or insulting (1) To be protected from irrelevant, improper, or insulting questions, and
questions, and from harsh or insulting demeanor; from harsh or insulting demeanor;
(2) Not to be detained longer than the interests of justice require;

(2) Not to be detained longer than the interests of justice require;
(3) Not to be examined except only as to matters pertinent to the
(3) Not to be examined except only as to matters pertinent to issue;
the issue;
(4) Not to give an answer which will tend to subject him or her to a
(4) Not to give an answer which will tend to subject him to a penalty for an offense unless otherwise provided by law; or
penalty for an offense unless otherwise provided by law; or
(5) Not to give an answer which will tend to degrade his or her
(5) Not to give an answer which will tend to degrade his reputation, unless it to be the very fact at issue or to a fact from which the
reputation, unless it to be the very fact at issue or to a fact from fact in issue would be presumed. But a witness must answer to the fact of
which the fact in issue would be presumed. But a witness must his or her previous final conviction for an offense.
answer to the fact of his previous final conviction for an offense.
Section 4; Order of Examination of an Individual Witness
Section 4. Order in the examination of an Section 4. Order in the examination of an
individual witness. — The order in which the individual witness. — The order in which the
individual witness may be examined is as individual witness may be examined is as
follows; follows;
(a) Direct examination by the proponent; (a) Direct examination by the proponent;
(b) Cross-examination by the opponent; (b) Cross-examination by the opponent;
(c) Re-direct examination by the proponent; (c) Re-direct examination by the proponent;
(d) Re-cross-examination by the opponent. (d) Re-cross-examination by the opponent.
Section 5; Direct examination
Section 5. Direct examination. — Section 5. Direct examination. —
Direct examination is the Direct examination is the
examination-in-chief of a witness examination-in-chief of a witness
by the party presenting him on by the party presenting him or
the facts relevant to the issue. her on the facts relevant to the
issue.
Section 6; Cross-examination; its purpose
Section 6. Cross-examination; its purpose and Section 6. Cross-examination; Its Purpose and
extent. — Upon the termination of the direct Extent. — Upon the termination of the direct
examination, the witness may be cross- examination, the witness may be cross-
examined by the adverse party as to any examined by the adverse party on any
matters stated in the direct examination, or relevant matter, with sufficient fullness and
connected therewith, with sufficient fullness freedom to test his or her accuracy and
and freedom to test his accuracy and truthfulness and freedom from interest or
truthfulness and freedom from interest or bias, or the reverse, and to elicit all
bias, or the reverse, and to elicit all important facts bearing upon the issue.
important facts bearing upon the issue.
Section 7; Re-direct examination; its purpose
Section 7. Re-direct examination; its purpose Section 7. Re-direct examination; its purpose
and extent. — After the cross-examination of and extent. — After the cross-examination of
the witness has been concluded, he may be the witness has been concluded, he or she
re-examined by the party calling him, to may be re-examined by the party calling him
explain or supplement his answers given or her, to explain or supplement his or her
during the cross-examination. On re-direct- answers given during the cross-examination.
examination, questions on matters not dealt On re-direct-examination, questions on
with during the cross-examination, may be matters not dealt with during the cross-
allowed by the court in its discretion. examination, may be allowed by the court in
its discretion.
Section 8; Re-cross examination
Section 8. Re-cross- Section 8. Re-cross-
examination. — Upon the conclusion of examination. — Upon the conclusion of
the re-direct examination, the adverse the re-direct examination, the adverse
party may re-cross-examine the witness party may re-cross-examine the witness
on matters stated in his re-direct on matters stated in his or her re-direct
examination, and also on such other examination, and also on such other
matters as may be allowed by the court matters as may be allowed by the court
in its discretion. in its discretion.
Section 9; Recalling a wirness
Section 9. Recalling witness. — After Section 9. Recalling witness. — After
the examination of a witness by both the examination of a witness by both
sides has been concluded, the witness sides has been concluded, the witness
cannot be recalled without leave of cannot be recalled without leave of
the court. The court will grant or the court. The court will grant or
withhold leave in its discretion, as the withhold leave in its discretion, as the
interests of justice may require. interests of justice may require.
Section 10; Leading and misleading questions
Section 10. Leading and misleading questions. — A question which Section 10. Leading and misleading questions. — A question which
suggests to the witness the answer which the examining party desires suggests to the witness the answer which the examining party desires
is a leading question. It is not allowed, except: is a leading question. It is not allowed, except:
(a) On cross examination; (a) On cross examination;
(b) On preliminary matters; (b) On preliminary matters;
(c) When there is a difficulty is getting direct and intelligible (c) When there is a difficulty is getting direct and intelligible
answers from a witness who is ignorant, or a child of tender years, answers from a witness who is ignorant, or a child of tender years,
or is of feeble mind, or a deaf-mute; or is of feeble mind, or a deaf-mute;
(d) Of an unwilling or hostile witness; or (d) Of an unwilling or hostile witness; or
(e) Of a witness who is an adverse party or an officer, director, (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 or managing agent of a public or private corporation or of a
partnership or association which is an adverse party. partnership or association which is an adverse party.
A misleading question is one which assumes as true a fact not yet A misleading question is one which assumes as true a fact not yet
testified to by the witness, or contrary to that which he has previously testified to by the witness, or contrary to that which he or she has
stated. It is not allowed. previously stated. It is not allowed.
Section 11; Impeachment of adverse party’s witness
Section 11, Rule 132. Impeachment of adverse Section 11, Rule 132. Impeachment of adverse
party's witness. — A witness may be impeached party's witness. — A witness may be impeached
by the party against whom he was called, by by the party against whom he or she was called,
contradictory evidence, by evidence that his by contradictory evidence, by evidence that his
general reputation for truth, honesty, or or her general reputation for truth, honesty, or
integrity is bad, or by evidence that he has made integrity is bad, or by evidence that he or she
at other times statements inconsistent with his has made at other times statements
present testimony, but not by evidence of inconsistent with his or her present testimony,
particular wrongful acts, except that it may be but not by evidence of particular wrongful acts,
shown by the examination of the witness, or the except that it may be shown by the examination
record of the judgment, that he has been of the witness, or the record of the judgment,
convicted of an offense. that he or she has been convicted of an offense.
Section 12; Impeachment by Evidence of Conviction of Crime
Section 12. Impeachment by Evidence of
Conviction of Crime. — For the purpose of
impeaching a witness, evidence that he or she
(No comparable provision under the old rule) has been convicted by final judgment of a crime
shall be admitted if (a) the crime was punishable
by a penalty in excess of one year; or (b) the
crime involved moral turpitude, regardless of
the penalty.
However, evidence of a conviction is not
admissible if the conviction has been the subject
of an amnesty or annulment of conviction.
Section 12; Impeachment by Evidence of Conviction of Crime
Under the New Rule, a witness my now be impeached
evidence that he or she has been convicted by final
judgment of a crime shall be admitted if (a) the crime was
punishable by a penalty in excess of one year; or (b) the
crime involved moral turpitude, regardless of the
penalty.
However, if the witness was given absolute pardon or
amnesty, his or her conviction cannot be used to impeach
him or her.
Section 12; Party May Not Impeach His or Her Own Witness.
Section 12. Party may not impeach his own witness. — Except Section 13. Party May Not Impeach His or Her Own
with respect to witnesses referred to in paragraphs (d) and (e) Witness. — Except with respect to witnesses referred to in
of Section 10, the party producing a witness is not allowed to paragraphs (d) and (e) of Section 10 of this Rule, the party
impeach his credibility. 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 adverse 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 having misled
interest, unjustified reluctance to testify, or his or her having misled
the party into calling him to the witness stand. the party into calling him or her to the witness stand.
The unwilling or hostile witness so declared, or the witness who The unwilling or hostile witness so declared, or the witness who is
is an adverse party, may be impeached by the party presenting an adverse party, may be impeached by the party presenting him
him in all respects as if he had been called by the adverse party, or her in all respects as if he or she had been called by the adverse
except by evidence of his bad character. He may also be party, except by evidence of his or her bad character. He or she
impeached and cross-examined by the adverse party, but such may also be impeached and cross-examined by the adverse party,
cross-examination must only be on the subject matter of his but such cross-examination must only be on the subject matter of
examination-in-chief. his or her examination-in-chief.
Section 14; How Witness Impeached by Evidence of Inconsistent
Statements.
Section 13. How witness impeached by evidence Section 14. How Witness Impeached by Evidence
of inconsistent statements. — Before a witness of Inconsistent Statements. — Before a witness can
can be impeached by evidence that he has made be impeached by evidence that he or she has
at other times statements inconsistent with his made at other times statements inconsistent with
present testimony, the statements must be his or her present testimony, the statements must
related to him, with the circumstances of the be related to him or her, with the circumstances of
times and places and the persons present, and he the times and places and the persons present, and
must be asked whether he made such he or she must be asked whether he or she made
statements, and if so, allowed to explain them. If such statements, and if so, allowed to explain
the statements be in writing they must be shown them. If the statements be in writing they must be
to the witness before any question is put to him shown to the witness before any question is put to
concerning them. him or her concerning them.
Section 15; Exclusion and separation of witnesses
Section 15. Exclusion and separation of Section 15. Exclusion and Separation of Witnesses. – The
court, motu proprio, or upon motion, shall order
witnesses. — On any trial or hearing, the judge witnesses excluded so that they cannot hear the
may exclude from the court any witness not at testimony of other witnesses. This rule does not
the time under examination, so that he may not authorize exclusion of (a) a party who is a natural
hear the testimony of other witnesses. The judge person, (b) a duly designated representative of a
may also cause witnesses to be kept separate and juridical entity which is a party to the case, (c) a person
to be prevented from conversing with one whose presence is essential to the presentation of the
another until all shall have been examined. 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 15; Exclusion and separation of witnesses
This section gives instances where the Court cannot exclude a
witness. They are as follows:
(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.
Section 15; When witness may refer to memorandum.
Section 16. When witness may refer to memorandum. — A Section 16. When Witness May Refer to Memorandum. — A
witness may be allowed to refresh his memory respecting witness may be allowed to refresh his or her memory
a fact, by anything written or recorded by himself or under respecting a fact, by anything written or recorded by himself
his direction at the time when the fact occurred, or or herself, or under his or her direction at the time when the
immediately thereafter, or at any other time when the fact fact occurred, or immediately thereafter, or at any other time
was fresh in his memory and knew that the same was when the fact was fresh in his or her memory and he or she
correctly written or recorded; but in such case the writing knew that the same was correctly written or recorded; but in
such case the writing or record must be produced and may be
or record must be produced and may be inspected by the
inspected by the adverse party, who may, if he or she
adverse party, who may, if he chooses, cross examine the chooses, cross examine the witness upon it, and may read it
witness upon it, and may read it in evidence. So, also, a in evidence. A witness may also testify from such writing or
witness may testify from such writing or record, though he record, though he or she retains no recollection of the
retain no recollection of the particular facts, if he is able to particular facts, if he or she is able to swear that the writing
swear that the writing or record correctly stated the or record correctly stated the transaction when made; but
transaction when made; but such evidence must be such evidence must be received with caution.
received with caution.
Section 17; When part of transaction, writing or record given in evidence,
the remainder, the remainder admissible.
Section 17. When part of transaction, writing or Section 17. When part of transaction, writing or
record given in evidence, the remainder, the record given in evidence, the remainder, the
remainder admissible. — When part of an act, remainder admissible. — When part of an act,
declaration, conversation, writing or record is declaration, conversation, writing or record is
given in evidence by one party, the whole of the given in evidence by one party, the whole of the
same subject may be inquired into by the other, same subject may be inquired into by the other,
and when a detached act, declaration, and when a detached act, declaration,
conversation, writing or record is given in conversation, writing or record is given in
evidence, any other act, declaration, evidence, any other act, declaration,
conversation, writing or record necessary to its conversation, writing or record necessary to its
understanding may also be given in evidence. understanding may also be given in evidence.
Section 18; Right to respect writing shown to witness.
Section 18. Right to respect Section 18. Right to respect
writing shown to writing shown to
witness. — Whenever a writing is witness. — Whenever a writing is
shown to a witness, it may be shown to a witness, it may be
inspected by the adverse party. inspected by the adverse party.
B. Authentication and Proof of Documents
Section 19; Classes of documents.
Section 19. Classes of Documents. — For the purpose of Section 19. Classes of Documents. — For the purpose of their
their presentation evidence, documents are either public presentation evidence, documents are either public or private.
or private. Public documents are:
Public documents are: (a) The written official acts, or records of the official acts of
the sovereign authority, official bodies and tribunals, and public
(a) The written official acts, or records of the official officers, whether of the Philippines, or of a foreign country;
acts of the sovereign authority, official bodies and
tribunals, and public officers, whether of the Philippines, (b) Documents acknowledge before a notary public except last
wills and testaments; and
or of a foreign country;
(c) Documents that are considered public documents under
(b) Documents acknowledge before a notary public treaties and conventions which are in force between the
except last wills and testaments; and Philippines and the country of source; and;
(c) Public records, kept in the Philippines, of private (d) Public records, kept in the Philippines, of private
documents required by law to the entered therein. documents required by law to the entered therein.
All other writings are private. All other writings are private.
RULE 132
Rules of Admissibility
Section 19(c)- “Documents that are
considered public documents under treaties
and conventions which are in force between
the Philippines and the country of source”
because of the effectivity of the Apostille
Convention of which the Philippines is a party.
With the Apostille, the document will no
longer require legalization by the Foreign
Embassy if the country of destination is
already a Member of the Apostille Convention
(or an "Apostille Country.") Once Apostillized,
the document can be validly used in any and
all Apostille Countries.
Section 21; When evidence of authenticity of private document not necessary.
Section 21. When evidence by Section 21. When evidence of
authenticity of private document not authenticity of private document not
necessary. – Where a private document necessary. – Where a private document
is more than thirty (30) years old, is is more than thirty (30) years old, is
produced from a custody in which it produced from a custody in which it
would naturally be found if genuine, would naturally be found if genuine,
and is unblemished by any alterations and is unblemished by any alterations
or circumstances of suspicion, no other or circumstances of suspicion, no other
evidence of its authenticity need be evidence of its authenticity need be
given. given.
Section 22; How genuineness of handwriting proved.
Section 22. How genuineness of handwriting Section 22. How genuineness of handwriting proved.
proved. – The handwriting of a person may be – The handwriting of a person may be proved by any
proved by any witness who believesit to be the witness who believesit to be the handwriting of such
handwriting of such person because he has seen person because he or she has seen the person write,
the person write, or has seen writing purporting to or has seen writing purporting to be his or hers upon
be his upon which the witness has acted or been which the witness has acted or been charged, and
charged, and thus acquired knowledge of the thus acquired knowledge of the handwriting of such
handwriting of such person. Evidence respecting person. Evidence respecting the andwriting may also
the andwriting may also be given by a comparison, be given by a comparison, made by the witness or
made by the witness or the court, with writings the court, with writings admitted or treated as
admitted or treated as genuine by the party against genuine by the party against whom the evidence is
whom the evidence is offered, or proved to be offered, or proved to be genuine to the satisfaction of
genuine to the satisfaction of the judge. the judge.
Section 23; Public documents as evidence.
SEC. 23. Public documents as evidence. SEC. 23. Public documents as evidence.
—Documents consisting of entries in —Documents consisting of entries in
public records made in the public records made in the
performance of a duty by a public performance of a duty by a public
officer are prima facie evidence of the officer are prima facie evidence of the
facts therein stated. All other public facts therein stated. All other public
documents are evidence, even against a documents are evidence, even against a
third person, of the fact which gave rise third person, of the fact which gave rise
to their execution and of the date of the to their execution and of the date of the
latter.(24a) latter. (23)
Section 24; Proof of official record.
SEC. 24. Proof of official record.—The record of public Sec. 24. Proof of official record. — The record of public
documents referred to in paragraph (a) of Section 19, documents referred to in paragraph (a) of Section 19, when
admissible for any purpose, may be evidenced by an official
when admissible for any purpose, may be evidenced by publication thereof or by a copy attested by the officer having
an official publication thereof or by a copy attested by the legal custody of the record, or by his or her deputy, and
the officer having the legal custody of the record, or by accompanied, if the record is not kept in the Philippines, with
his deputy, and accompanied, if the record is not kept a certificate that such officer has the custody.
in the Philippines, with a certificate that such officer
If the office in which the record is kept is in a foreign country,
has the custody. If the office in which the record is kept which is a contracting party to a treaty or convention to
is in a foreign country, the certificate may be made by a which the Philippines is also a party, or considered a public
secretary of the embassy or legation, consul general, document under such treaty or convention pursuant to
consul, vice consul, or consular agent or by any officer paragraph (c) of Section 19 hereof the certificate or its
in the foreign service of the Philippines stationed in the equivalent shall be in the form prescribed by such treaty or
foreign country in which the record is kept, and convention subject to reciprocity granted to public
authenticated by the seal of his office.(25a) documents originating from the Philippines.
For documents originating from a foreign country which is not
a contracting party to a treaty or convention referred to in the
next preceding sentence, the certificate may be made by a
secretary of the embassy or legation, consul general, consul,
vice-consul, or consular agent or by any officer in the foreign
service of the Philippines stationed in the foreign country in
which the record is kept, and authenticated by the seal of his or
her office.
A document that is accompanied by a certificate or its
equivalent may be presented in evidence without further
proof, the certificate or its equivalent being prima facie
evidence of the due execution and genuineness of the
document involved. The certificate shall not be required when
a treaty or convention between a foreign country and the
Philippines has abolished the requirement, or has exempted
the document itself from this formality. (24a)
The new formulation of Section 34 incorporates the efficacy of
the Apostille Convention. Thus, when the record is kept is in a
foreign country, which is a party to Apostille Convention, 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.
Thus, if a document is Apostillized, that is considered proof of
such document and prima facie proof of its authenticity and due
execution.
How do we prove documents originating in a country
outside the Philippines which is not a
party to the convention?
It is proved by a 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.
Orion Savings Bank vs. Suzuki, G.R. No.
205487, November 12, 2014
In this case, the petitioner is trying to prove the existence of
South Korean Law on conjugal ownership of property. In
doing so, he presented a “Certificate from Embassy of
Korea” as to the existence of that law.
SC said it is not enough. This certification, does not qualify
as sufficient proof of the conjugal nature of the property
for there is no showing that it was properly authenticated
by the seal of his office, as required under Section 24 of
Rule 132.
Section 25; What attestation of copy must state.
SEC. 25. What attestation of copy must state. Sec. 25. What attestation of copy must state.
—Whenever a copy of a document or record - Whenever a copy of a document or record
is attested for the purpose of evidence, the is attested for the purpose of evidence, the
attestation must state, in substance, that the attestation must state, in substance, that the
copy is a correct copy of the original, or a copy is a correct copy of the original, or a
specific part thereof, as the case may be. The specific part thereof, as the case may be. The
attestation must be under the official seal of attestation must be under the official seal of
the attesting officer, if there be any, or if he the attesting officer, if there be any, or if he
be the clerk of a court having a seal, under or she be the clerk of a court having a seal,
the seal of such court.(26a) under the seal of such court. (25 a)
Section 26; Irremovability of public record.
SEC. 26. Irremovability of public record. Sec. 26. Irremovability of public record.
—Any public record, an official copy of - Any public record, an official copy of
which is admissible in evidence, must which is admissible in evidence, must
not be removed from the office in which not be removed from the office in
it is kept, except upon order of a court which it is kept, except upon order of a
where the inspection of the record is court where the inspection of the
essential to the just determination of a record is essential to the just
pending case.(27a) determination of a pending case. (26)
Section 27; Public record of a private document.
SEC. 27. Public record of a private Sec. 27. Public record of a private
document.—An authorized public document. — An authorized public
record of a private document may be record of a private document may be
proved by the original record, or by a proved by the original record, or by a
copy thereof, attested by the legal copy thereof, attested by the legal
custodian of the record, with an custodian of the record, with an
appropriate certificate that such officer appropriate certificate that such officer
has the custody .(28a) has the custody. (27)
Section 28; Proof of record.
SEC. 28. Proof of lack of record.—A Sec. 28. Proof of lack of record. - A written
written statement signed by an officer statement signed by an officer having the
having the custody of an official record custody of an official record or by his or her
or by his deputy that after diligent deputy that, after diligent search, no
search no record or entry of a specified record or entry of a specified tenor is
tenor is found to exist in the records of found to exist in the records of his or her
his office, accompanied by a certificate office, accompanied by a certificate as
above provided, is admissible as evidence
as above provided, is admissible as that the records of his or her office contain
evidence that the records of his office no such record or entry. (28a)
contain no such record or entry.(29)
Section 29; How is judicial record impeached.
SEC. 29. How judicial record impeached. Sec. 29. How judicial record impeached. -
—Any judicial record may be Any judicial record may be impeached by
impeached by evidence of: (a) want of evidence of:
jurisdiction in the court or judicial (a) want of jurisdiction in the court or
officer, (b) collusion between the judicial officer;
parties, or (c) fraud in the party offering (b) collusion between the parties; or
the record, in respect to the fraud in the party offering the record, in
proceedings.(30a) respect to the proceedings. (29)
Section 30; Proof of notarial documents.
SEC. 30. Proof of notarial documents.— Sec. 30. Proof of notarial documents. -
Every instrument duly acknowledged or Every instrument duly acknowledged or
proved and certified as provided by law, proved and certified as provided by law,
may be presented in evidence without may be presented in evidence without
further proof, the certificate of further proof, the certificate of
acknowledgment being prima acknowledgment being prima facie
facie evidence of the execution of the evidence of the execution of the
instrument or document involved.(31a) instrument or document involved. (30)
Section 31; Alteration in document, how explain.
SEC. 31. Alterations in document, how to explain.— Sec. 31. Alteration in document, how to explain. -
The party producing a document as genuine which The party producing a document as genuine which
has been altered and appears to have been altered has been altered and appears to have been altered
after its execution, in a part material to the after its execution, in a part material to the
question in dispute, must account for the question in dispute, must account for the alteration.
alteration. He may show that the alteration was He or she may show that the alteration was made
made by another, without his concurrence, or was by another, without his or her concurrence, or was
made with the consent of the parties affected by it, made with the consent of the parties affected by it,
or was otherwise properly or innocently made, or or was otherwise properly or innocently made, or
that the alteration did not change the meaning or that the alteration did not change the meaning or
language of the instrument. If he fails to do that, language of the instrument. If he or she fails to do
the document shall not be admissible in evidence. that, the document shall not be admissible in
(32a) evidence. (31a)
Section 32; Seal.
SEC. 32. Seal.—There shall be no Sec. 32. Seal. - There shall be no
difference between sealed and difference between sealed and
unsealed private documents insofar as unsealed private documents insofar as
their admissibility as evidence is their admissibility as evidence is
concerned.(33a) concerned. (32)
Section 33; Documentary evidence in an unofficial language.
Section 33. Documentary evidence in an Section 33. Documentary evidence in an
unofficial language. — Documents unofficial language. — Documents
written in an unofficial language shall written in an unofficial language shall
not be admitted as evidence, unless not be admitted as evidence, unless
accompanied with a translation into accompanied with a translation into
English or Filipino. To avoid interruption English or Filipino. To avoid interruption
of proceedings, parties or their of proceedings, parties or their
attorneys are directed to have such attorneys are directed to have such
translation prepared before trial. translation prepared before trial.
C. Offer and Objection
SECTION 34; Offer of evidence
Section 34. Offer of evidence. — Section 34. Offer of evidence. —
The court shall consider no The court shall consider no
evidence which has not been evidence which has not been
formally offered. The purpose for formally offered. The purpose for
which the evidence is offered which the evidence is offered
must be specified. must be specified.
C. Offer of evidence
Section 35; When to make an offer.
Section 35. When to make offer. — As Section 35. When to Make Offer. — All
regards the testimony of a witness, the evidence must be offered orally.
offer must be made at the time the The offer of the testimony of a witness in
witness is called to testify. evidence must be made at the time the
witness is called to testify.
Documentary and object evidence shall
be offered after the presentation of a The offer of documentary and object
party's testimonial evidence. Such offer evidence shall be made after the
shall be done orally unless allowed by presentation of a party’s testimonial
the court to be done in writing. evidence.
Section 36; Objection.
The amendment in Section 36 is in line with the

amendment in the Rules of Civil Procedure and
the Continuous Trial in Criminal Cases. Under
the procedural set up, the offer of evidence
shall be done orally. Thus, objection must be
done orally and immediately after the officer.
Section 36; Objection.
Section 36. Objection. — Objection to evidence Section 36. Objection. — Objection to offer of
offered orally must be made immediately after the evidence must be made orally immediately after
offer is made. the offer is made.
Objection to a question propounded in the course of
the oral examination of a witness shall be made as Objection to the testimony of a witness for lack
soon as the grounds therefor shall become reasonably of a formal offer must be made as soon as the
apparent. witness begins to testify. Objection to a question
propounded in the course of the oral examination
An offer of evidence in writing shall be objected to of a witness must be made as soon as the ground
within three (3) days after notice of the unless a
therefor become reasonably apparent.
different period is allowed by the court.
In any case, the grounds for the objections must be The grounds for the objections must be specified.
specified.
Section 37; When repetition of objection is unnecessary.
Section 37. When repetition of objection Section 37. When repetition of objection
unnecessary. — When it becomes unnecessary. — When it becomes reasonably
reasonably apparent in the course of the apparent in the course of the examination of
examination of a witness that the question a witness that the question being
being propounded are of the same class as propounded are of the same class as those to
those to which objection has been made, which objection has been made, whether
whether such objection was sustained or such objection was sustained or overruled, it
overruled, it shall not be necessary to shall not be necessary to repeat the
objection, it being sufficient for the adverse
repeat the objection, it being sufficient for
party to record his or her continuing
the adverse party to record his continuing objection to such class of questions.
objection to such class of questions.
Section 38; Ruling.
Section 38. Ruling. — The ruling of the court must be Section 38. Ruling. — The ruling of the court must be
given immediately after the objection is made, unless given immediately after the objection is made, unless
the court desires to take a reasonable time to inform the court desires to take a reasonable time to inform
itself on the question presented; but the ruling shall itself on the question presented; but the ruling shall
always be made during the trial and at such time as always be made during the trial and at such time as
will give the party against whom it is made an will give the party against whom it is made an
opportunity to meet the situation presented by the opportunity to meet the situation presented by the
ruling. ruling.
The reason for sustaining or overruling an objection The reason for sustaining or overruling an objection
need not be stated. However, if the objection is based need not be stated. However, if the objection is based
on two or more grounds, a ruling sustaining the on two or more grounds, a ruling sustaining the
objection on one or some of them must specify the objection on one or some of them must specify the
ground or grounds relied upon. ground or grounds relied upon.
Section 39; Striking our answer.
Section 39. Striking out answer. — Should a Section 39. Striking out answer. — Should a witness
answer the question before the adverse party had the
witness answer the question before the adverse opportunity to voice fully its objection to the same, or
party had the opportunity to voice fully its where a question is not objectionable, but the aswer is
objection to the same, and such objection is not responsive, or where a witness testifies without a
found to be meritorious, the court shall sustain question being posed or testifies beyond limits set by
the objection and order the answer given to be the court, or when the witness does a narration instead
stricken off the record. of answering the question, and such objection is found
to be meritorious, the court shall sustain the objection
On proper motion, the court may also order the and order such answer, testimony or narration to be
striking out of answers which are incompetent, stricken off the record.
irrelevant, or otherwise improper. On proper motion, the court may also order the striking
out of answers which are incompetent, irrelevant, or
otherwise improper.
Section 39; Striking out answer.
The amendment spelled out the instances when the Court can
strike out answer:
1. Answer is not responsive.
2. When a witness testified without a question.
3. When a witness testified beyond the limits set by the court.
4. When a witness did a narration.
5. When a witness answered to an otherwise objectionable
question before the adverse had the opportunity to voice fully his
objection.
Section 40; Tender of excluded evidence.
Section 40. Tender of excluded Section 40. Tender of excluded evidence.
evidence. — If documents or things — If documents or things offered in
offered in evidence are excluded by the evidence are excluded by the court, the
court, the offeror may have the same offeror may have the same attached to
attached to or made part of the record. or made part of the record. If the
If the evidence excluded is oral, the evidence excluded is oral, the offeror
offeror may state for the record the may state for the record the name and
name and other personal circumstances other personal circumstances of the
of the witness and the substance of the witness and the substance of the
proposed testimony. proposed testimony.
RULE 133: Weight and Sufficiency of Evidence
SECTION 1; Preponderance of evidence, how taken
Section 1. Preponderance of evidence, how determined. — Section 1. Preponderance of evidence, how determined. —
In civil cases, the party having burden of proof must In civil cases, the party having the burden of proof must
establish his case by a preponderance of evidence. In establish his or her case by a preponderance of evidence.
determining where the preponderance or superior weight In determining where the preponderance or superior
of evidence on the issues involved lies, the court may weight of evidence on the issues involved lies, the court
consider all the facts and circumstances of the case, the may consider all the facts and circumstances of the case,
witnesses' manner of testifying, their intelligence, their the witnesses' manner of testifying, their intelligence,
means and opportunity of knowing the facts to which their means and opportunity of knowing the facts to
there are testifying, the nature of the facts to which they which there are testifying, the nature of the facts to which
testify, the probability or improbability of their testimony, they testify, the probability or improbability of their
their interest or want of interest, and also their personal testimony, their interest or want of interest, and also their
credibility so far as the same may legitimately appear personal credibility so far as the same may legitimately
upon the trial. The court may also consider the number of appear upon the trial. The court may also consider the
witnesses, though the preponderance is not necessarily number of witnesses, though the preponderance is not
with the greater number. necessarily with the greater number.
Section 2; Proof beyond reasonable doubt
Section 2. Proof beyond reasonable doubt. — Section 2. Proof beyond reasonable doubt. —
In a criminal case, the accused is entitled to In a criminal case, the accused is entitled to
an acquittal, unless his guilt is shown beyond an acquittal, unless his or her guilt is shown
reasonable doubt. Proof beyond reasonable beyond reasonable doubt. Proof beyond
doubt does not mean such a degree of proof, reasonable doubt does not mean such a
excluding possibility of error, produces degree of proof, excluding possibility of error,
absolute certainly. Moral certainly only is produces absolute certainly. Moral certainly
required, or that degree of proof which only is required, or that degree of proof
produces conviction in an unprejudiced which produces conviction in an
mind. unprejudiced mind.
Section 3; Extrajudicial confession, not sufficient
ground for conviction.
Section 3. Extrajudicial confession, Section 3. Extrajudicial confession,
not sufficient ground for conviction. not sufficient ground for conviction.
— An extrajudicial confession made — An extrajudicial confession made
by an accused, shall not be sufficient by an accused, shall not be sufficient
ground for conviction, unless ground for conviction, unless
corroborated by evidence of corpus corroborated by evidence of corpus
delicti. delicti.
Section 4; Circumstantial evidence
Section 4. Circumstantial evidence, when sufficient. —

Section 4. Circumstantial evidence, when
Circumstantial evidence is sufficient for conviction if:
sufficient. — Circumstantial evidence is
sufficient for conviction if: (a) There is more than one circumstances;
(b) The facts from which the inferences are
(a) There is more than one circumstances; derived are proven; and
(b) The facts from which the inferences are (c) The combination of all the circumstances is such
derived are proven; and as to produce a conviction beyond reasonable
doubt
(c) The combination of all the circumstances
is such as to produce a conviction beyond Inferences cannot be based on other inferences.
reasonable doubt.
Section 5; Weight to be given to expert witness, how determined .

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:
No comparable provision under the old rule. (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
Section 5; Weight to be given to expert witness, how determined .
Under the old Rule, Judges do not have standards of how to give weight to
the opinion of an expert witness.
Judges can 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.
Section 6; Substantial evidence

Section 5. Substantial Evidence. — In Section 6. Substantial Evidence. — In
cases filed before administrative or quasi- cases filed before administrative or quasi-
judicial bodies, a fact may be deemed judicial bodies, a fact may be deemed
established if it is supported by established if it is supported by
substantial evidence, or that amount of substantial evidence, or that amount of
relevant evidence which a reasonable relevant evidence which a reasonable
mind might accept as adequate to justify mind might accept as adequate to justify
a conclusion. a conclusion.
Section 7; power of the Court to stop further evidence.
Section 6. Power of the court to stop Section 7. Power of the Court to Stop
further evidence. — The court may stop Further Evidence. — The court may stop
the introduction of further testimony the introduction of further testimony
upon any particular point when the upon any particular point when the
evidence upon it is already so full that evidence upon it is already so full that
more witnesses to the same point cannot more witnesses to the same point cannot
be reasonably expected to be be reasonably expected to be
additionally persuasive. But this power additionally persuasive. This power shall
should be exercised with caution be exercised with caution.
Section 8; Evidence on motion
Section 7. Evidence on motion. — When Section 8. Evidence on motion. — When
a motion is based on facts not appearing a motion is based on facts not appearing
of record the court may hear the matter of record the court may hear the matter
on affidavits or depositions presented by on affidavits or depositions presented by
the respective parties, but the court may the respective parties, but the court may
direct that the matter be heard wholly or direct that the matter be heard wholly or
partly on oral testimony or depositions partly on oral testimony or depositions
RULE 134: Perpetuation of Testimony
Section 1. Petition
Section 1. Petition. — A person who Section 1. Petition. — A person who
desires to perpetuate his own testimony desires to perpetuate his own testimony
or that of another person regarding any or that of another person regarding any
matter that may be cognizable in any matter that may be cognizable in any
court of the Philippines, any file a verified court of the Philippines, any file a verified
petition in the court of the province of petition in the court of the province of
the residence of any expected adverse the residence of any expected adverse
party. party.
Section 2. Contents of Petition
Section 2. Contents of petition. — The petition shall be entitled in the Section 2. Contents of petition. — The petition shall be entitled in the
name of the petitioner and shall show: name of the petitioner and shall show:
(a) that the petitioner expects to be a party to an action in a court of (a) that the petitioner expects to be a party to an action in a court of
the Philippines by is presently unable to bring it or cause it to be the Philippines by is presently unable to bring it or cause it to be
brought; brought;
(b) the subject matter of the expected action and his interest (b) the subject matter of the expected action and his interest
therein; therein;
(c) the facts which he desires to establish by the proposed (c) the facts which he desires to establish by the proposed
testimony and his reasons for desiring to perpetuate it; testimony and his reasons for desiring to perpetuate it;
(d) the names of a description of the persons he expects will be (d) the names of a description of the persons he expects will be
adverse parties and their addresses so far as known; and adverse parties and their addresses so far as known; and
(e) the names and addresses of the persons to be examined and the (e) the names and addresses of the persons to be examined and the
substance of the testimony which he expects to elicit from each, and substance of the testimony which he expects to elicit from each, and
shall ask for an order authorizing the petitioner to take the depositions shall ask for an order authorizing the petitioner to take the depositions
of the persons to be examined named in the petition for the purpose of of the persons to be examined named in the petition for the purpose of
perpetuating their testimony. perpetuating their testimony.
Section 3. Notice and hearing
Section 3. Notice and service. — The Section 3. Notice and service. — The
petitioner shall thereafter serve a notice petitioner shall thereafter serve a notice
upon each person named in the petition as upon each person named in the petition as
an expected adverse party, together with a an expected adverse party, together with a
copy of a petition, stating that the petitioner copy of a petition, stating that the petitioner
will apply to the court, at a time and place will apply to the court, at a time and place
named therein, for the order described in named therein, for the order described in
the petition. At least twenty (20) days before the petition. At least twenty (20) days before
the date of hearing the notice shall be the date of hearing the notice shall be
served in the manner provided for service of served in the manner provided for service of
summons. summons.
Section 4. Order of examination
Section 4. Order of examination. — If the Section 4. Order of examination. — If the
court is satisfied that the perpetuation of court is satisfied that the perpetuation of
the testimony may prevent a failure or delay the testimony may prevent a failure or delay
of justice, it shall make an order designating of justice, it shall make an order designating
or describing the persons whose deposition or describing the persons whose deposition
may be taken and specifying the subject may be taken and specifying the subject
matter of the examination, and whether the matter of the examination, and whether the
depositions shall be taken upon oral depositions shall be taken upon oral
examination or written interrogatories. The examination or written interrogatories. The
depositions may then be taken in depositions may then be taken in
accordance with Rule 24 before the hearing. accordance with Rule 24 before the hearing.
Section 5. Reference to the court
Section 5. Reference to court. — For the Section 5. Reference to court. — For the
purpose of applying Rule 24 to purpose of applying Rule 24 to
depositions for perpetuating testimony, depositions for perpetuating testimony,
each reference therein to the court in each reference therein to the court in
which the action is pending shall be which the action is pending shall be
deemed to refer to the court in which the deemed to refer to the court in which the
petition for such deposition was filed. petition for such deposition was filed.
Section 6. Use of deposition
Section 6. Use of deposition. — If a Section 6. Use of deposition. — If a
deposition to perpetuate testimony is deposition to perpetuate testimony is
taken under this rule, or if, although not taken under this rule, or if, although not
so taken, it would be admissible in so taken, it would be admissible in
evidence, it may be used in any action evidence, it may be used in any action
involving the same subject matter involving the same subject matter
subsequently brought in accordance subsequently brought in accordance
with the provisions of Sections 4 and 5 with the provisions of Sections 4 and 5
of Rule 24. of Rule 24.
Section 7. Deposition pending appeal
Section 7. Depositions pending appeal. — If an Section 7. Depositions pending appeal. — If an

appeal has been taken from a judgment of the appeal has been taken from a judgment of the
Regional Trial Court or before the taking of an Regional Trial Court or before the taking of an
appeal if the time therefor has not expired, the appeal if the time therefor has not expired, the
Regional Trial Court in which the judgment was Regional Trial Court in which the judgment was
rendered may allow the taking of depositions of rendered may allow the taking of depositions of
witnesses to perpetuate their testimony for use in witnesses to perpetuate their testimony for use
the event of further proceedings in the said in the event of further proceedings in the said
court. In such case the party who desires to court. In such case the party who desires to
perpetuate the testimony may make a motion in perpetuate the testimony may make a motion in
the said Regional Trial Court for leave to take the the said Regional Trial Court for leave to take the
depositions, upon the same notice and service depositions, upon the same notice and service
thereof as if the action was pending therein. thereof as if the action was pending therein.
Section 7. Deposition pending appeal
The motion shall show (a) the name and the The motion shall show (a) the name and the
addresses of the persons to be examined and the addresses of the persons to be examined and the
substance of the testimony which he expects to substance of the testimony which he expects to
elicit from each; and (b) the reason for elicit from each; and (b) the reason for
perpetuating their testimony. If the court finds perpetuating their testimony. If the court finds
that the perpetuation of the testimony is proper that the perpetuation of the testimony is proper
to avoid a failure or delay of justice, it may make to avoid a failure or delay of justice, it may make
an order allowing the depositions to be taken, an order allowing the depositions to be taken,
and thereupon the depositions may be taken and and thereupon the depositions may be taken and
used in the same manner and under the same used in the same manner and under the same
conditions as are prescribed in these rules for conditions as are prescribed in these rules for
depositions taken in actions pending in the depositions taken in actions pending in the
Regional Trial Court. Regional Trial Court.

Matrix of Amendments To The Rules On Evidence

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Matrix of Amendments To The Rules On Evidence

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Drepturi de autor:

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MATRIX OF AMENDMENTS

TO THE RULES ON EVIDENCE

JUDGE GENER M. GITO, LL.M., D.C.L.

It is not only during trial that the court or

It must be made by a party to a case

It must be made in the course of the

It does not require a particular form.

◦By showing that the admission was made

◦The imputed admission was not, in fact,

Section 11. Allegations not specifically denied

The right against self-

Objects that have readily identifiable marks

1. Best Evidence Rule 1. Original Document Rule

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

When the subject of inquiry is the

2. The offeror must prove its unavailability

3. The offeror must prove that its unavailability was

2. By recital of its contents in some authentic

Section 6. When original document is in Section 6. When original document is in

2. Document is under the custody or control of the adverse party

3. Proponent has given the other party reasonable opportunity

2. By recital of its contents in some authentic

It will be in the form of a chart,

When the original of a document is in the

When the terms of an agreement have been

A party must put them as issue in a

4. Interpretation Of Documents 4. Interpretation of Documents

Section 11. Instrument construed so as to Section 12. Instrument construed so as to

1. A spouse is cannot testify against his or her spouses without

2. My answer would not be the same. Since the marriage is

“Except in a civil case by one

Ordono vs. Daquigan, 62 SCRA 270

People vs. Quitado, 297 SCRA 1

Alvarez vs. Ramirez, 473 SCRA 72

Yes, except as against her husband.

The husband or the wife, during or after the marriage,

There must be a valid marriage between the

The general rule is that communications

Only spouses are

1.Any communication made by the client

1. Furtherance of crime or fraud. If the

Objection overrueld. It is only applicable

Any communication or confession

It must be made in his or her professional

A public officer who received

No. The Rules says: “A public officer cannot be

The communication shall remain privileged,

When such testimony is indispensable in a

It is clear in civil cases, offer of

Section 28. Offer of Compromise Not Admissible.

A plea of guilty later withdrawn or an unaccepted

Evidence adduced in support of the discharge

Where one derives title to property from

“Privies” are persons who are

There must be an out of court

(1) Oral or written assertion or

(2) Non-verbal conduct of a person, if it is

Such statement, however, is inadmissible if

Section 38. Declaration against interest.—The Section 40. Declaration against interest. - The

Section 41. Common reputation.— Section 43. Common reputation. — Common

4. The statement relates to the circumstances of the startling event or occurrence.

Analyze whether there is a starling occurrence.