AS
AMENDED PER RESOLUTION
ADOPTED
ON MARCH 14, 1989
PART
IV
RULES
OF EVIDENCE
RULE
128
General
Provisions
SECTION
1
.
Evidence
defined. — Evidence is the means, sanctioned by these rules, of
ascertaining
in a judicial proceeding the truth respecting a matter of fact. (1)
Sec.
2
.
Scope.
— The rules of evidence shall be the same in all courts and in all
trials
and hearings, except as otherwise provided by law or these rules. (2a)
chanrobles virtua law library
Sec.
3
.
Admissibility
of evidence. — Evidence is admissible when it is relevant to the
issue
and is not excluded by the law of these rules. (3a)
Sec.
4
.
Relevancy;
collateral
matters. — Evidence must have such a relation to the fact in issue
as to induce belief in its existence or non-existence. Evidence on
collateral
matters shall not be allowed, except when it tends in any reasonable
degree
to establish the probability or improbability of the fact in issue. (4a)
RULE
129
What
Need Not Be Proved
SECTION
1
.
Judicial
notice, when mandatory. — A court shall take judicial notice,
without
the introduction of evidence, of the existence and territorial extent
of
states, their political history, forms of government and symbols of
nationality,
the law of nations, the admiralty and maritime courts of the world and
their seals, the political constitution and history of the Philippines,
the official acts of legislative, executive and judicial departments of
the Philippines, the laws of nature, the measure of time, and the
geographical
divisions. (1a)
chanrobles virtua law library
Sec.
2
.
Judicial
notice, when discretionary. — A court may take judicial notice of
matters
which are of public knowledge, or are capable to unquestionable
demonstration,
or ought to be known to judges because of their judicial functions. (1a)
Sec.
3
.
Judicial
notice, when hearing necessary. — During the trial, the court, on
its
own initiative, or on request of a party, may announce its intention to
take judicial notice of any matter and allow the parties to be heard
thereon.
After
the trial, and before judgment or on appeal, the proper court, on its
own
initiative or on request of a party, may take judicial notice of any
matter
and allow the parties to be heard thereon if such matter is decisive of
a material issue in the case. (n)
Sec.
4
.
Judicial
admissions. — An admission, verbal or written, made by the party in
the course of the proceedings in the same case, does not require proof.
The admission may be contradicted only by showing that it was made
through
palpable mistake or that no such admission was made. (2a)
RULE
130
Rules
of Admissibility
A.
OBJECT (REAL) EVIDENCE
SECTION
1
.
Object
as evidence. — Objects as evidence are those addressed to the
senses
of the court. When an object is relevant to the fact in issue, it may
be
exhibited to, examined or viewed by the court. (1a)
B.
DOCUMENTARY EVIDENCE
Sec.
2
.
Documentary
evidence. — Documents as evidence consist of writing or any
material
containing letters, words, numbers, figures, symbols or other modes of
written expression offered as proof of their contents. (n)
1.
BEST EVIDENCE RULE
Sec.
3
.
Original
document must be produced; exceptions. — When the subject
of
inquiry is the contents of a document, no evidence shall be admissible
other than the original document itself, except in the following cases:chanroblesvirtuallawlibrary
(a)When
the original has been 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;
(c)When
the original consists of numerous accounts or other documents which
cannot
be examined in court without great loss of time and the fact sought to
be established from them is only the general result of the whole; and
(d)When
the original is a public record in the custody of a public officer or
is
recorded in a public office. (2a)
Sec.
4
.
Original
of document. —
(a)The
original of the document is one the contents of which are the subject
of
inquiry.
(b)When
a document is in two or more copies executed at or about the same time,
with identical contents, all such copies are equally regarded as
originals.
(c)When
an entry is repeated in the regular course of business, one being
copied
from another at or near the time of the transaction, all the entries
are
likewise equally regarded as originals. (3a)
2.
SECONDARY EVIDENCE
Sec.
5
.
When
original document is unavailable. — When the original document has
been lost or destroyed, or cannot be produced in court, the offeror,
upon
proof of its execution or existence and the cause of its unavailability
without bad faith on his part, may prove its contents by a copy, or by
a recital of its contents in some authentic document, or by the
testimony
of witnesses in the order stated. (4a)
Sec.
6
.
When
original document is in adverse party's custody or control. — If
the
document is in the custody or under the control of adverse party, he
must
have reasonable notice to produce it. If after such notice and after
satisfactory
proof of its existence, he fails to produce the document, secondary
evidence
may be presented as in the case of its loss. (5a)
Sec.
7
.
Evidence
admissible when original document is a public record. — When the
original
of document is in the custody of 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. (2a)
Sec.
8
.
Party
who calls for document not bound to offer it. — A party who calls
for
the production of a document and inspects the same is not obliged to
offer
it as evidence. (6a)
3.
PAROL EVIDENCE RULE
Sec.
9
.Evidence
of written agreements. — When the terms of an agreement have been
reduced
to writing, it is considered as containing all the terms agreed upon
and
there can be, between the parties and their successors in interest, no
evidence of such terms other than the contents of the written agreement.
However,
a party may present evidence to modify, explain or add to the terms of
written agreement if he puts in issue in his pleading:chanroblesvirtuallawlibrary
(a)An
intrinsic ambiguity, mistake or imperfection in the written agreement;
(b)The
failure of the written agreement to express the true intent and
agreement
of the parties thereto;
(c)The
validity of the written agreement; or
(d)The
existence of other terms agreed to by the parties or their successors
in
interest after the execution of the written agreement.
The
term "agreement" includes wills. (7a)
4.
INTERPRETATION OF DOCUMENTS
Sec.
10
.
Interpretation
of a writingaccording to its legal
meaning. — The language of a writing is to be interpreted according
to the legal meaning it bears in the place of its execution, unless the
parties intended otherwise. (8)
Sec.
11
.
Instrument
construed so as to give effect to all provisions. — In the
construction
of an instrument, where there are several provisions or particulars,
such
a construction is, if possible, to be adopted as will give effect to
all.
(9)
Sec.
12
.
Interpretation
according to intention; general and particular provisions.
—
In the construction of an instrument, the intention of the parties is
to
be pursued; and when a general and a particular provision are
inconsistent,
the latter is paramount to the former. So a particular intent will
control
a general one that is inconsistent with it. (10)
Sec.
13
.
Interpretation
according to circumstances. — For the proper construction of an
instrument,
the circumstances under which it was made, including the situation of
the
subject thereof and of the parties to it, may be shown, so that the
judge
may be placed in the position of those who language he is to interpret.
(11)
Sec.
14
.
Peculiar
signification of terms. — The terms of a writing are presumed to
have
been used in their primary and general acceptation, but evidence is
admissible
to show that they have a local, technical, or otherwise peculiar
signification,
and were so used and understood in the particular instance, in which
case
the agreement must be construed accordingly. (12)
Sec.
15
.
Written
words control printed. — When an instrument consists partly of
written
words and partly of a printed form, and the two are inconsistent, the
former
controls the latter. (13)
Sec.
16
.
Experts
and interpreters to be used in explaining certain writings. — When
the characters in which an instrument is written are difficult to be
deciphered,
or the language is not understood by the court, the evidence of persons
skilled in deciphering the characters, or who understand the language,
is admissible to declare the characters or the meaning of the language.
(14)
Sec.
17
.
Of
Two constructions, which preferred. — When the terms of an
agreement
have been intended in a different sense by the different parties to it,
that sense is to prevail against either party in which he supposed the
other understood it, and when different constructions of a provision
are
otherwise equally proper, that is to be taken which is the most
favorable
to the party in whose favor the provision was made. (15)
Sec.
18
.
Construction
in favor of natural right. — When an instrument is equally
susceptible
of two interpretations, one in favor of natural right and the other
against
it, the former is to be adopted. (16)
chanrobles virtua law library
Sec.
19
.
Interpretation
according to usage. —An instrument
may be construed according to usage, in order to determine its true
character.
(17)
C.
TESTIMONIAL EVIDENCE
1.
QUALIFICATION OF WITNESSES
Sec.
20
.
Witnesses;
their
qualifications. — Except as provided in the next succeeding
section,
all persons who can perceive, and perceiving, can make their known
perception
to others, may be witnesses.
Religious
or political belief, interest in the outcome of the case, or conviction
of a crime unless otherwise provided by law, shall not be ground for
disqualification.
(18a)
Sec.
21
.
Disqualification
by reason of mental incapacity or immaturity. — The following
persons
cannot be witnesses:chanroblesvirtuallawlibrary
(a)Those
whose mental condition, at the time of their production for
examination,
is such that they are incapable of intelligently making known their
perception
to others;
(b)Children
whose mental maturity is such as to render them incapable of perceiving
the facts respecting which they are examined and of relating them
truthfully.
(19a)
Sec.
22
.
Disqualification
by reason of marriage. — During their marriage, neither the husband
nor the wife may testify for or against the other without the consent
of
the affected spouse, except in a civil case by one against the other,
or
in a criminal case for a crime committed by one against the other or
the
latter's direct descendants or ascendants. (20a)
Sec.
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 administrator or other representative of a
deceased
person, or against a person of unsound mind, upon a claim or demand
against
the estate of such deceased person or against such person of unsound
mind,
cannot testify as to any matter of fact occurring before the death of
such
deceased person or before such person became of unsound mind. (20a)
Sec.
24
.
Disqualification
by reason of privileged communication. — The following persons
cannot
testify as to matters learned in confidence in the following cases:chanroblesvirtuallawlibrary
(a)The
husband or the wife, during or after the marriage, cannot be examined
without
the consent of the other as to any communication received in confidence
by one from the other during the marriage except in a civil case by one
against the other, or in a criminal case for a crime committed by one
against
the other or the latter's direct descendants or ascendants;
(b)An
attorney cannot, without the consent of his client, be examined as to
any
communication made by the client to him, or his advice given thereon in
the course of, or with a view to, professional employment, nor can an
attorney's
secretary, stenographer, or clerk be examined, without the consent of
the
client and his employer, concerning any fact the knowledge of which has
been acquired in such capacity;
(c)A
person authorized to practice medicine, surgery or obstetrics cannot in
a civil case, without the consent of the patient, be examined as to any
advice or treatment given by him or any information which he may have
acquired
in attending such patient in a professional capacity, which information
was necessary to enable him to act in capacity, and which would blacken
the reputation of the patient;
(d)A
minister or priest cannot, without the consent of the person making the
confession, be examined as to any confession made to or any advice
given
by him in his professional character in the course of discipline
enjoined
by the church to which the minister or priest belongs;
(e)A
public officer cannot be examined during his term of office or
afterwards,
as to communications made to him in official confidence, when the court
finds that the public interest would suffer by the disclosure. (21a)
2.
TESTIMONIAL PRIVILEGE
Sec.
25
.
Parental
and filial privilege. — No person may be compelled to testify
against
his parents, other direct ascendants, children or other direct
descendants.
(20a)
3.
ADMISSIONS AND CONFESSIONS
Sec.
26
.
Admission
of a party. — The act, declaration or omission of a party as to a
relevant
fact may be given in evidence against him. (22)
Sec.
27
.
Offer
of compromise not admissible. — In civil cases, an offer of
compromise
is not an admission of any liability, and is not admissible in evidence
against the offeror.
In
criminal cases, except those involving quasi-offenses (criminal
negligence)
or those allowed by law to be compromised, an offer of compromised by
the
accused may be received in evidence as an implied admission of guilt.
A
plea of guilty later withdrawn, or an unaccepted offer of a plea of
guilty
to lesser offense, is not admissible in evidence against the accused
who
made the plea or offer.
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. (24a)
Sec.
28
.
Admission
by third party. — The rights of a party cannot be prejudiced by an
act, declaration, or omission of another, except as hereinafter
provided.
(25a)
Sec.
29
.
Admission
by co-partner or agent. — The act or declaration of a partner or
agent
of the party within the scope of his authority and during the existence
of the partnership or agency, may be given in evidence against such
party
after the partnership or agency is shown by evidence other than such
act
or declaration. The same rule applies to the act or declaration of a
joint
owner, joint debtor, or other person jointly interested with the party.
(26a)
Sec.
30
.
Admission
by conspirator. — The act or declaration of a conspirator relating
to the conspiracy and during its existence, may be given in evidence
against
the co-conspirator after the conspiracy is shown by evidence other than
such act of declaration. (27)
Sec.
31
.
Admission
by privies. — Where one derives title to property from another, the
act, declaration, or omission of the latter, while holding the title,
in
relation to the property, is evidence against the former. (28)
Sec.
32
.
Admission
by silence. — An act or declaration made in the presence and within
the hearing or observation of a party who does or says nothing when the
act or declaration is such as naturally to call for action or comment
if
not true, and when proper and possible for him to do so, may be given
in
evidence against him. (23a)
Sec.
33
.
Confession.
— The declaration of an accused acknowledging his guilt of the offense
charged, or of any offense necessarily included therein, may be given
in
evidence against him. (29a)
4.
PREVIOUS CONDUCT AS EVIDENCE
Sec.
34
.
Similar
acts as evidence. — Evidence that one did or did not do a certain
thing
at one time is not admissible to prove that he did or did not do the
same
or similar thing at another time; but it may be received to prove a
specific
intent or knowledge; identity, plan, system, scheme, habit, custom or
usage,
and the like. (48a)
Sec.
35
.
Unaccepted
offer. — An offer in writing to pay a particular sum of money or to
deliver a written instrument or specific personal property is, if
rejected
without valid cause, equivalent to the actual production and tender of
the money, instrument, or property. (49a)
5.
TESTIMONIAL KNOWLEDGE
Sec.
36
.
Testimony
generally confined to personal knowledge; hearsay excluded.
— A witness can testify only to those facts which he knows of his
personal
knowledge; that is, which are derived from his own perception, except
as
otherwise provided in these rules. (30a)
6.
EXCEPTIONS TO THE HEARSAY RULE
Sec.
37
.
Dying
declaration. — The declaration of a dying person, made under
the
consciousness of an impending death, may be received in any case
wherein
his death is the subject of inquiry, as evidence of the cause and
surrounding
circumstances of such death. (31a)
Sec.
38
.
Declaration
against interest. — The declaration made by a person deceased, or
unable
to testify, against the interest of the declarant, if the fact is
asserted
in the declaration was at the time it was made so far contrary to
declarant's
own interest, that a reasonable man in his position would not have made
the declaration unless he believed it to be true, may be received in
evidence
against himself or his successors in interest and against third
persons.
(32a)
chanrobles virtua law library
Sec.
39
.
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 by birth or marriage, 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 fast occurred, and the names
of the relatives. It embraces also facts of family history intimately
connected
with pedigree. (33a)
Sec.
40
.
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 or
affinity.
Entries in family bibles or other family books or charts, engravings on
rings, family portraits and the like, may be received as evidence of
pedigree.
(34a)
Sec.
41
.
Common
reputation. — Common reputation existing previous to the
controversy,
respecting facts of public or general interest more than thirty years
old,
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. (35)
Sec.
42
.
Part
of res gestae. — Statements made by a person while a starting
occurrence
is taking place or immediately prior or subsequent thereto with respect
to the circumstances thereof, may be given in evidence as part of 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. (36a)
Sec.
43
.
Entries
in the course of business. — Entries made at, or near the time of
transactions
to which they refer, by a person deceased, or unable to testify, who
was
in a position to know the facts therein stated, may be received as
prima
facie evidence, if such person made the entries in his professional
capacity or in the performance of duty and in the ordinary or regular
course
of business or duty. (37a)
Sec.
44
.
Entries
in official records. — Entries in official records made in the
performance
of his 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. (38)
Sec.
45
.
Commercial
lists and the like. — Evidence of statements of matters of interest
to persons engaged in an occupation contained in a list, register,
periodical,
or other published compilation is admissible as tending to prove the
truth
of any relevant matter so stated if that compilation is published for
use
by persons engaged in that occupation and is generally used and relied
upon by them therein. (39)
Sec.
46
.
Learned
treatises. — A published treatise, periodical or pamphlet on a
subject
of history, law, science, or art is admissible as tending to prove the
truth of a matter stated therein if the court takes judicial notice, or
a witness expert in the subject testifies, that the writer of the
statement
in the treatise, periodical or pamphlet is recognized in his profession
or calling as expert in the subject. (40a)
Sec.
47
.
Testimony
or deposition at a former proceeding. — The testimony or deposition
of a witness deceased or 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. (41a)
7.
OPINION RULE
Sec.
48
.
General
rule. — The opinion of witness is not admissible, except as
indicated
in the following sections. (42)
Sec.
49
.
Opinion
of expert witness. — The opinion of a witness on a matter requiring
special knowledge, skill, experience or training which he shown to
posses,
may be received in evidence. (43a)
Sec.
50
.
Opinion
of ordinary witnesses. — The opinion of a witness for which proper
basis is given, may be received in evidence regarding —
(a)the
identity of a person about whom he has adequate knowledge;
(b)A
handwriting with which he has sufficient familiarity; and
(c)The
mental sanity of a person with whom he is sufficiently acquainted.
The
witness may also testify on his impressions of the emotion, behavior,
condition
or appearance of a person. (44a)
8.
CHARACTER EVIDENCE
Sec.
51
.
Character
evidence not generally admissible; exceptions: —
(a)In
Criminal Cases:chanroblesvirtuallawlibrary
(1)The
accused may prove his good moral character which is pertinent to the
moral
trait involved in the offense charged.
(2)Unless
in rebuttal, the prosecution may not prove his bad moral character
which
is pertinent to the moral trait involved in the offense charged.
(3)The
good or bad moral 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.
(b)In
Civil Cases:chanroblesvirtuallawlibrary
Evidence
of the moral character of a party in civil case is admissible only when
pertinent to the issue of character involved in the case.
(c)In
the case provided for in Rule 132, Section 14, (46a, 47a)
RULE
131
Burden
of Proof and Presumptions
SECTION
1
.
Burden
of proof. — Burden of proof is the duty of a party to present
evidence
on the facts in issue necessary to establish his claim or defense by
the
amount of evidence required by law. (1a, 2a)
Sec.
2
.
Conclusive
presumptions. — The following are instances of conclusive
presumptions:chanroblesvirtuallawlibrary
(a)Whenever
a party has, by his own declaration, act, or omission, intentionally
and
deliberately led to another to believe a particular thing true, and to
act upon such belief, he cannot, in any litigation arising out of such
declaration, act or omission, be permitted to falsify it:chanroblesvirtuallawlibrary
(b)The
tenant is not permitted to deny the title of his landlord at the time
of
commencement of the relation of landlord and tenant between them. (3a)
Sec.
3
.
Disputable
presumptions. — The following presumptions are satisfactory if
uncontradicted,
but may be contradicted and overcome by other evidence:chanroblesvirtuallawlibrary
(a)That
a person is innocent of crime or wrong;
(b)That
an unlawful act was done with an unlawful intent;
(c)That
a person intends the ordinary consequences of his voluntary act;
(d)That
a person takes ordinary care of his concerns;
(e)That
evidence willfully suppressed would be adverse if produced;
(f)That
money paid by one to another was due to the latter;
(g)That
a thing delivered by one to another belonged to the latter;
(h)That
an obligation delivered up to the debtor has been paid;
(i)That
prior rents or installments had been paid when a receipt for the later
one is produced;
(j)That
a person found in possession of a thing taken in the doing of a recent
wrongful act is the taker and the doer of the whole act; otherwise,
that
things which a person possess, or exercises acts of ownership over, are
owned by him;
(k)That
a person in possession of an order on himself for the payment of the
money,
or the delivery of anything, has paid the money or delivered the thing
accordingly;
(l)That
a person acting in a public office was regularly appointed or elected
to
it;
(m)That
official duty has been regularly performed;
(n)That
a court, or judge acting as such, whether in the Philippines or
elsewhere,
was acting in the lawful exercise of jurisdiction;
(o)That
all the matters within an issue raised in a case were laid before the
court
and passed upon by it; and in like manner that all matters within an
issue
raised in a dispute submitted for arbitration were laid before the
arbitrators
and passed upon by them;
(p)That
private transactions have been fair and regular;
(q)That
the ordinary course of business has been followed;
(r)That
there was a sufficient consideration for a contract;
(s)That
a negotiable instrument was given or indorsed for a sufficient
consideration;
(t)That
an endorsement of negotiable instrument was made before the instrument
was overdue and at the place where the instrument is dated;
(u)That
a writing is truly dated;
(v)That
a letter duly directed and mailed was received in the regular course of
the mail;
(w)That
after an absence of seven years, it being unknown whether or not the
absentee
still lives, he is considered dead for all purposes, except for those
of
succession.
The
absentee shall not be considered dead for the purpose of opening his
succession
till after an absence of ten years. If he disappeared after the age of
seventy-five years, an absence of five years shall be sufficient in
order
that his succession may be opened.
The
following shall be considered dead for all purposes including the
division
of the estate among the heirs:chanroblesvirtuallawlibrary
(1)A
person on board a vessel lost during a sea voyage, or an aircraft with
is missing, who has not been heard of for four years since the loss of
the vessel or aircraft;
(2)A
member of the armed forces who has taken part in armed hostilities, and
has been missing for four years;
(3)A
person who has been in danger of death under other circumstances and
whose
existence has not been known for four years;
(4)If
a married person has been absent for four consecutive years, the spouse
present may contract a subsequent marriage if he or she has
well-founded
belief that the absent spouse is already death. In case of
disappearance,
where there is a danger of death the circumstances hereinabove
provided,
an absence of only two years shall be sufficient for the purpose of
contracting
a subsequent marriage. However, in any case, before marrying again, the
spouse present must institute a summary proceedings as provided in the Family
Code and in the rules for declaration of presumptive death of the
absentee,
without prejudice to the effect of reappearance of the absent spouse.
chanrobles virtua law library
(x)That
acquiescence resulted from a belief that the thing acquiesced in was
conformable
to the law or fact;
(y)That
things have happened according to the ordinary course of nature and
ordinary
nature habits of life;
(z)That
persons acting as copartners have entered into a contract of
copartneship;
(aa)That
a man and woman deporting themselves as husband and wife have entered
into
a lawful contract of marriage;
(bb)That
property acquired by a man and a woman who are capacitated to marry
each
other and who live exclusively with each other as husband and wife
without
the benefit of marriage or under void marriage, has been obtained by
their
joint efforts, work or industry.
(cc)That
in cases of cohabitation by a man and a woman who are not capacitated
to
marry each other and who have acquire properly through their actual
joint
contribution of money, property or industry, such contributions and
their
corresponding shares including joint deposits of money and evidences of
credit are equal.
chanrobles virtua law library
(dd)That
if the marriage is terminated and the mother contracted another
marriage
within three hundred days after such termination of the former
marriage,
these rules shall govern in the absence of proof to the contrary:chanroblesvirtuallawlibrary
(1)A
child born before one hundred eighty days after the solemnization of
the
subsequent marriage is considered to have been conceived during such
marriage,
even though it be born within the three hundred days after the
termination
of the former marriage.
(2)A
child born after one hundred eighty days following the celebration of
the
subsequent marriage is considered to have been conceived during such
marriage,
even though it be born within the three hundred days after the
termination
of the former marriage.
(ee)That
a thing once proved to exist continues as long as is usual with things
of the nature;
(ff)That
the law has been obeyed;
(gg)That
a printed or published book, purporting to be printed or published by
public
authority, was so printed or published;
(hh)That
a printed or published book, purporting contain reports of cases
adjudged
in tribunals of the country where the book is published, contains
correct
reports of such cases;
(ii)That
a trustee or other person whose duty it was to convey real property to
a particular person has actually conveyed it to him when such
presumption
is necessary to perfect the title of such person or his successor in
interest;
(jj)That
except for purposes of succession, when two persons perish in the same
calamity, such as wreck, battle, or conflagration, and it is not shown
who died first, and there are no particular circumstances from which it
can be inferred, the survivorship is determined from the probabilities
resulting from the strength and the age of the sexes, according to the
following rules:chanroblesvirtuallawlibrary
1.If
both were under the age of fifteen years, the older is deemed to have
survived;
2.If
both were above the age sixty, the younger is deemed to have survived;
3.If
one is under fifteen and the other above sixty, the former is deemed to
have survived;
4.If
both be over fifteen and under sixty, and the sex be different, the
male
is deemed to have survived, if the sex be the same, the older;
5.If
one be under fifteen or over sixty, and the other between those ages,
the
latter is deemed to have survived.
(kk)That
if there is a doubt, as between two or more persons who are called to
succeed
each other, as to which of them died first, whoever alleges the death
of
one prior to the other, shall prove the same; in the absence of proof,
they shall be considered to have died at the same time. (5a)
Sec.
4
.
No
presumption of legitimacy or illegitimacy. — There is no
presumption
of legitimacy of a child born after three hundred days following the
dissolution
of the marriage or the separation of the spouses. Whoever alleges the
legitimacy
or illegitimacy of such child must prove his allegation. (6)
RULE
132
PRESENTATION
OF EVIDENCE
A.
EXAMINATION OF WITNESSES
SECTION
1
.
Examination
to be done in open court. — The examination of witnesses presented
in a trial or hearing shall be done in open court, and under oath or
affirmation.
Unless the witness is incapacitated to speak, or the questions calls
for
a different mode of answer, the answers of the witness shall be given
orally.
(1a)
Sec.2
.
Proceedings
to be recorded. — The entire proceedings of a trial or hearing,
including
the questions propounded to a witness and his answers thereto, the
statements
made by the judge or any of the parties, counsel, or witnesses with
reference
to the case, shall be recorded by means of shorthand or stenotype or by
other means of recording found suitable by the court.
A
transcript of the record of the proceedings made by the official
stenographer,
stenotypist or recorder and certified as correct by him shall be deemed
prima facie a correct statement of such proceedings. (2a)
Sec.
3
.
Rights
and obligations of a witness. — A witness must answer questions,
although
his answer may tend to establish a claim against him. However, it is
the
right of a witness:chanroblesvirtuallawlibrary
(1)To
be protected from irrelevant, improper, or insulting questions, and
from
harsh or insulting demeanor;
(2)Not
to be detained longer than the interests of justice require;
(3)Not
to be examined except only as to matters pertinent to the issue;
(4)Not
to give an answer which will tend to subject him to a penalty for an
offense
unless otherwise provided by law; or
(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 fact in issue
would be presumed. But a witness must answer to the fact of his
previous
final conviction for an offense. (3a, 19a)
Sec.
4
.
Order
in the examination of an individual witness. — The order in which
the
individual witness may be examined is as follows;
(a)Direct
examination by the proponent;
(b)Cross-examination
by the opponent;
(c)Re-direct
examination by the proponent;
(d)Re-cross-examination
by the opponent. (4)
Sec.
5
.
Direct
examination. — Direct examination is the examination-in-chief of a
witness by the party presenting him on the facts relevant to the issue.
(5a)
Sec.
6
.
Cross-examination;
its purpose and extent. — Upon the termination of the direct
examination,
the witness may be cross-examined by the adverse party as to many
matters
stated in the direct examination, or connected therewith, with
sufficient
fullness and freedom to test his accuracy and truthfulness and freedom
from interest or bias, or the reverse, and to elicit all important
facts
bearing upon the issue. (8a)
Sec.
7
.
Re-direct
examination; its purpose and extent. —
After the
cross-examination
of the witness has been concluded, he may be re-examined by the party
calling
him, to explain or supplement his answers given during the
cross-examination.
On re-direct-examination, questions on matters not dealt with during
the
cross-examination, may be allowed by the court in its discretion. (12)
Sec.
8
.
Re-cross-examination.
— Upon the conclusion of the re-direct examination, the
adverse
party
may re-cross-examine the witness on matters stated in his re-direct
examination,
and also on such other matters as may be allowed by the court in its
discretion.
(13)
Sec.
9
.
Recalling
witness. — After the examination of a witness by both
sides
has been concluded, the witness cannot be recalled without leave of the
court. The court will grant or withhold leave in its discretion, as the
interests of justice may require. (14)
Sec.
10
.
Leading
and misleading questions. — A question which suggests to
the
witness the answer which the examining party desires is a leading
question.
It is not allowed, except:chanroblesvirtuallawlibrary
chanrobles virtua law library
(a)On
cross examination;
(b)On
preliminary matters;
(c)When
there is a difficulty is getting direct and intelligible answers from a
witness who is ignorant, or a child of tender years, or is of feeble
mind,
or a deaf-mute;
(d)Of
an unwilling or hostile witness; or
(e)Of
a witness who is an adverse party or an officer, director, or managing
agent of a public or private corporation or of a partnership or
association
which is an adverse party.
A
misleading question is one which assumes as true a fact not yet
testified
to by the witness, or contrary to that which he has previously stated.
It is not allowed. (5a, 6a, and 8a)
Sec.
11
.
Impeachment
of adverse party's witness. — A witness may be impeached
by
the party against whom he was called, by contradictory evidence, by
evidence
that his general reputation for truth, honestly, or integrity is bad,
or
by evidence that he has made at other times statements inconsistent
with
his present, testimony, but not by evidence of particular wrongful
acts,
except that it may be shown by the examination of the witness, or the
record
of the judgment, that he has been convicted of an offense. (15)
Sec.
12
.
Party
may not impeach his own witness. — Except with respect to
witnesses
referred to in paragraphs (d) and (e) of Section 10, the party
producing
a witness is not allowed to impeach his credibility.
A
witness may be considered as unwilling or hostile only if so declared
by
the court upon adequate showing of his adverse interest, unjustified
reluctance
to testify, or his having misled the party into calling him to the
witness
stand.
The
unwilling or hostile witness so declared, or the witness who is an
adverse
party, may be impeached by the party presenting him in all respects as
if he had been called by the adverse party, except by evidence of his
bad
character. He may also be impeached and cross-examined by the adverse
party,
but such cross-examination must only be on the subject matter of his
examination-in-chief.
(6a, 7a)
Sec.
13
.
How
witness impeached by evidence of inconsistent statements. — Before
a witness can be impeached by evidence that he has made at other times
statements inconsistent with his present testimony, the statements must
be related to him, with the circumstances of the times and places and
the
persons present, and he must be asked whether he made such statements,
and if so, allowed to explain them. If the statements be in writing
they
must be shown to the witness before any question is put to him
concerning
them. (16)
Sec.
14
.
Evidence
of good character of witness. — Evidence of the good
character
of a witness is not admissible until such character has been impeached.
(17)
chanrobles virtua law library
Sec.
15
.
Exclusion
and separation of witnesses. — On any trial or hearing,
the
judge may exclude from the court any witness not at the time under
examination,
so that he may not hear the testimony of other witnesses. The judge may
also cause witnesses to be kept separate and to be prevented from
conversing
with one another until all shall have been examined. (18)
Sec.
16
.
When
witness may refer to memorandum. — A witness may be
allowed
to refresh his memory respecting a fact, by anything written or
recorded
by himself or under his direction at the time when the fact occurred,
or
immediately thereafter, or at any other time when the fact was fresh in
his memory and knew that the same was correctly written or recorded;
but
in such case the writing or record must be produced and may be
inspected
by the adverse party, who may, if he chooses, cross examine the witness
upon it, and may read it in evidence. So, also, a witness may testify
from
such writing or record, though he retain no recollection of the
particular
facts, if he is able to swear that the writing or record correctly
stated
the transaction when made; but such evidence must be received with
caution.
(10a)
Sec.
17
.
When
part of transaction, writing or record given in evidence, the
remainder,
the remainder admissible. — When part of an act,
declaration,
conversation, writing or record is given in evidence by one party, the
whole of the same subject may be inquired into by the other, and when a
detached act, declaration, conversation, writing or record is given in
evidence, any other act, declaration, conversation, writing or record
necessary
to its understanding may also be given in evidence. (11a)
Sec.
18
.
Right
to respect writing shown to witness. — Whenever a writing
is
shown to a witness, it may be inspected by the adverse party. (9a)
B.
AUTHENTICATION AND PROOF OF DOCUMENTS
Sec.
19
.
Classes
of Documents. — For the purpose of their presentation
evidence,
documents are either public or private.
Public
documents are:chanroblesvirtuallawlibrary
(a)The
written official acts, or records of the official acts of the sovereign
authority, official bodies and tribunals, and public officers, whether
of the Philippines, or of a foreign country;
(b)Documents
acknowledge before a notary public except last wills and testaments; and
(c)Public
records, kept in the Philippines, of private documents required by law
to the entered therein.
All
other writings are private. (20a)
Sec.
20
.
Proof
of private document. — Before any private document offered
as
authentic is received in evidence, its due execution and authenticity
must
be proved either:chanroblesvirtuallawlibrary
(a)By
anyone who saw the document executed or written; or
chanrobles virtua law library
(b)By
evidence of the genuineness of the signature or handwriting of the
maker.
Any
other private document need only be identified as that which it is
claimed
to be. (21a)
Sec.
21
.
When
evidence of authenticity of private document not necessary. —
Where a private document is more than thirty years old, is produced
from
the custody in which it would naturally be found if genuine, and is
unblemished
by any alterations or circumstances of suspicion, no other evidence of
its authenticity need be given. (22a)
Sec.
22
.
How
genuineness of handwriting proved. — The handwriting of a person
may
be proved by any witness who believes it to be the handwriting of such
person because he has seen the person write, or has seen writing
purporting
to be his upon which the witness has acted or been charged, and has
thus
acquired knowledge of the handwriting of such person. Evidence
respecting
the handwriting may also be given by a comparison, made by the witness
or the court, with writings admitted or treated as genuine by the party
against whom the evidence is offered, or proved to be genuine to the
satisfaction
of the judge. (23a)
Sec.
23
.
Public
documents as evidence. — Documents consisting of entries
in
public records made in the performance of a duty by a public officer are
prima facie evidence of the facts therein stated. All other public
documents are evidence, even against a third person, of the fact which
gave rise to their execution and of the date of the latter. (24a)
Sec.
24
.
Proof
of official record. — The record of public documents
referred
to in paragraph (a) of Section 19, when admissible for any purpose, may
be evidenced by an official publication thereof or by a copy attested
by
the officer having the legal custody of the record, or by his deputy,
and
accompanied, if the record is not kept in the Philippines, with a
certificate
that such officer has the custody. If the office in which the record is
kept is in foreign country, 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 office. (25a)
Sec.
25
.
What
attestation of copy must state. — Whenever a copy of a
document
or record is attested for the purpose of evidence, the attestation must
state, in substance, that the copy is a correct copy of the original,
or
a specific part thereof, as the case may be. The attestation must be
under
the official seal of the attesting officer, if there be any, or if he
be
the clerk of a court having a seal, under the seal of such court. (26a)
Sec.
26
.
Irremovability
of public record. — Any public record, an official copy of
which
is admissible in evidence, must not be removed from the office in which
it is kept, except upon order of a court where the inspection of the
record
is essential to the just determination of a pending case. (27a)
Sec.
27
.
Public
record of a private document. — An authorized public
record
of a private document may be proved by the original record, or by a
copy
thereof, attested by the legal custodian of the record, with an
appropriate
certificate that such officer has the custody. (28a)
Sec.
28
.
Proof
of lack of record. — A written statement signed by an
officer
having the custody of an official record or by his deputy that after
diligent
search no record or entry of a specified tenor is found to exist in the
records of his office, accompanied by a certificate as above provided,
is admissible as evidence that the records of his office contain no
such
record or entry. (29)
Sec.
29
.
How
judicial record impeached. — Any judicial record may be
impeached
by evidence of: (a) want of jurisdiction in the court or judicial
officer,
(b) collusion between the parties, or (c) fraud in the party offering
the
record, in respect to the proceedings. (30a)
Sec.
30
.
Proof
of notarial documents. — Every instrument duly
acknowledged
or proved and certified as provided by law, may be presented in
evidence
without further proof, the certificate of acknowledgment being prima
facie evidence of the execution of the instrument or document
involved.
(31a)
Sec.
31
.
Alteration
in document, how to explain. — The party producing a
document
as genuine which has been altered and appears to have been altered
after
its execution, in a part material to the question in dispute, must
account
for the alteration. He may show that the alteration was made by
another,
without his concurrence, or was made with the consent of the parties
affected
by it, or was otherwise properly or innocent made, or that the
alteration
did not change the meaning or language of the instrument. If he fails
to
do that, the document shall not be admissible in evidence. (32a)
Sec.
32
.
Seal.
— There shall be no difference between sealed and unsealed
private
documents
insofar as their admissibility as evidence is concerned. (33a)
Sec.
33
.
Documentary
evidence in an unofficial language. — Documents written in
an
unofficial language shall not be admitted as evidence, unless
accompanied
with a translation into English or Filipino. To avoid interruption of
proceedings,
parties or their attorneys are directed to have such translation
prepared
before trial. (34a)
C.
OFFER AND OBJECTION
Sec.
34
.
Offer
of evidence. — The court shall consider no evidence which
has
not been formally offered. The purpose for which the evidence is
offered
must be specified. (35)
Sec.
35
.
When
to make offer. — As regards the testimony of a witness,
the
offer must be made at the time the witness is called to testify.
Documentary
and object evidence shall be offered after the presentation of a
party's
testimonial evidence. Such offer shall be done orally unless allowed by
the court to be done in writing. (n)
Sec.
36
.
Objection.
— Objection to evidence offered orally must be made
immediately
after
the offer is made.
Objection
to a question propounded in the course of the oral examination of a
witness
shall be made as soon as the grounds therefor shall become reasonably
apparent.
An
offer of evidence in writing shall be objected to within three (3) days
after notice of the unless a different period is allowed by the court.
In
any case, the grounds for the objections must be specified. (36a)
Sec.
37
.
When
repetition of objection unnecessary. — When it becomes
reasonably
apparent in the course of the examination of a witness that the
question
being propounded are of the same class as those to which objection has
been made, whether such objection was sustained or overruled, it shall
not be necessary to repeat the objection, it being sufficient for the
adverse
party to record his continuing objection to such class of questions.
(37a)
Sec.
38
.
Ruling.
— The ruling of the court must be given immediately after the
objection
is made, unless the court desires to take a reasonable time to inform
itself
on the question presented; but the ruling shall always be made during
the
trial and at such time as will give the party against whom it is made
an
opportunity to meet the situation presented by the ruling.
The
reason for sustaining or overruling an objection need not be stated.
However,
if the objection is based on two or more grounds, a ruling sustaining
the
objection on one or some of them must specify the ground or grounds
relied
upon. (38a)
Sec.
39
.
Striking
out answer. — Should a witness answer the question before
the
adverse party had the opportunity to voice fully its objection to the
same,
and such objection is found to be meritorious, the court shall sustain
the objection and order the answer given to be stricken off the record.
On
proper motion, the court may also order the striking out of answers
which
are incompetent, irrelevant, or otherwise improper. (n)
Sec.
40
.
Tender
of excluded evidence. — If documents or things offered in
evidence
are excluded by the court, the offeror may have the same attached to or
made part of the record. If the evidence excluded is oral, the offeror
may state for the record the name and other personal circumstances of
the
witness and the substance of the proposed testimony. (n)
chanrobles virtua law library
RULE
133
Weight
and Sufficiency of Evidence
SECTION
1
.
Preponderance
of evidence, how determined. — In civil cases, the party
having
burden of proof must establish his case by a preponderance of evidence.
In determining where the preponderance or superior weight of evidence
on
the issues involved lies, the court may consider all the facts and
circumstances
of the case, the witnesses' manner of testifying, their intelligence,
their
means and opportunity of knowing the facts to which there are
testifying,
the nature of the facts to which they testify, the probability or
improbability
of their testimony, their interest or want of interest, and also their
personal credibility so far as the same may legitimately appear upon
the
trial. The court may also consider the number of witnesses, though the
preponderance is not necessarily with the greater number. (1a)
Sec.
2
.
Proof
beyond reasonable doubt. — In a criminal case, the accused
is
entitled to an acquittal, unless his guilt is shown beyond reasonable
doubt.
Proof beyond reasonable doubt does not mean such a degree of proof,
excluding
possibility of error, produces absolute certainly. Moral certainly only
is required, or that degree of proof which produces conviction in an
unprejudiced
mind. (2a)
Sec.
3
.
Extrajudicial
confession, not sufficient ground for conviction. — An
extrajudicial
confession made by an accused, shall not be sufficient ground for
conviction,
unless corroborated by evidence of corpus delicti. (3)
Sec.
4
.
Circumstantial
evidence, when sufficient. — Circumstantial evidence is
sufficient
for conviction if:chanroblesvirtuallawlibrary
(a)There
is more than one circumstances;
(b)The
facts from which the inferences are derived are proven; and
(c)The
combination of all the circumstances is such as to produce a conviction
beyond reasonable doubt. (5)
Sec.
5
.
Substantial
evidence. — In cases filed before administrative or
quasi-judicial
bodies, a fact may be deemed established if it is supported by
substantial
evidence, or that amount of relevant evidence which a reasonable mind
might
accept as adequate to justify a conclusion. (n)
chanrobles virtua law library
Sec.
6
.
Power
of the court to stop further evidence. — The court may
stop
the introduction of further testimony upon any particular point when
the
evidence upon it is already so full that more witnesses to the same
point
cannot be reasonably expected to be additionally persuasive. But this
power
should be exercised with caution. (6)
Sec.
7
.
Evidence
on motion. — When a motion is based on facts not appearing
of
record the court may hear the matter on affidavits or depositions
presented
by the respective parties, but the court may direct that the matter be
heard wholly or partly on oral testimony or depositions. (7)
RULE
134
[NOTE:
This rule will be transposed to Part 1 of the Rules of Court on
Deposition
and Discovery]
Perpetuation
of Testimony
SECTION
1
.
Petition.
—
A person who desires to perpetuate his own testimony or that of another
person regarding any matter that may be cognizable in any court of the
Philippines, any file a verified petition in the court of the province
of the residence of any expected adverse party.
Sec.
2
.
Contents
of petition. — The petition shall be entitled in the name
of
the petitioner and shall show: (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 brought; (b) the subject matter of the
expected
action and his interest therein; (c) the facts which he desires to
establish
by the proposed testimony and his reasons for desiring to perpetuate
it;
(d) the names of a description of the persons he expects will be
adverse
parties and their addresses so far as known; and (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 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 perpetuating theirtestimony.
Sec.
3
.
Notice
and service. — The petitioner shall thereafter serve a notice upon
each person named in the petition as an expected adverse party,
together
with a copy of a petition, stating that the petitioner will apply to
the
court, at a time and place named therein, for the order described in
the
petition. At least twenty (20) days before the date of hearing the
notice
shall be served in the manner provided for service of summons.
Sec.
4
.
Order
of examination. — If the court is satisfied that the perpetuation
of
the testimony may prevent a failure or delay of justice, it shall make
an order designating or describing the persons whose deposition may be
taken and specifying the subject matter of the examination, and whether
the depositions shall be taken upon oral examination or written
interrogatories.
The depositions may then be taken in accordance with Rule 24 before the
hearing.
Sec.
5
.
Reference
to court. — For the purpose of applying Rule 24 to depositions for
perpetuating testimony, each reference therein to the court in which
the
action is pending shall be deemed to refer to the court in which the
petition
for such deposition was filed.
Sec.
6
.
Use
of deposition. — If a deposition to perpetuate testimony is taken
under
this rule, or if, although not so taken, it would be admissible in
evidence,
it may be used in any action involving the same subject matter
subsequently
brought in accordance with the provisions of Sections 4 and 5 of Rule
24.
Sec.
7
.
Depositions
pending appeal. — If an appeal has been taken from a judgment of
the
Regional Trial Court or before the taking of an appeal if the time
therefor
has not expired, the Regional Trial Court in which the judgment was
rendered
may allow the taking of depositions of witnesses to perpetuate their
testimony
for use in the event of further proceedings in the said court. In such
case the party who desires to perpetuate the testimony may make a
motion
in the said Regional Trial Court for leave to take the depositions,
upon
the same notice and service thereof as if the action was pending
therein.
The motion shall show (a) the name and the addresses of the persons to
be examined and the substance of the testimony which he expects to
elicit
from each; and (b) the reason for perpetuating their testimony. If the
court finds that the perpetuation of the testimony is proper to avoid a
failure or delay of justice, it may make an order allowing the
depositions
to be taken, and thereupon the depositions may be taken and used in the
same manner and under the same conditions as are prescribed in these
rules
for depositions taken in actions pending in the Regional Trial Court.
(7a)
Back
to Top - Back
to Main Index - Back
to Home