4.

Interpretation of Documents
GUIDE!!! C. TESTIMONIAL EVIDENCE ^^^

SUMMARY OF RULES 1. Qualification of Witnesses ^

Rule 128: GENERAL PROVISIONS Section 20: Qualifications of Witnesses

Rule 129: WHAT NEED NOT BE PROVED Section 21: Mental Incapacity

Rule 130: RULES OF ADMISSIBILITY Section 22: Marriage

Rule 131: BURDEN OF PROOF AND PRESUMPTIONS Section 23: Death or Insanity

Rule 132: PRESENTATION OF EVIDENCE Section 24: Privileged Communication

Rule 133: WEIGHT AND SUFFICIENCY OF EVIDENCE 2. Testimonial Privilege ^^

SUMMARY OF SECTIONS Section 25: Parental and Filial Privilege

128: GENERAL PROVISIONS* 3. Admissions and Confessions ^^^

Section 1: Evidence Section 26: Admission by Party

Section 2: Scope of Rules Section 27: Offer of Compromise

Section 3: Admissibility Section 28: Admission by Third Party

Section 4: Relevancy Section 29: Admission by Partner or Agent

129: WHAT NEED NOT BE PROVED** Section 30: Admission by Conspirator

Section 1: Mandatory Judicial Notice Section 31: Admission by Privies

Section 2: Discretionary Judicial Notice Section 32: Admission by Silence

Section 3: Hearing Necessary for Notice Section 33: Confession

Section 4: Judicial Admissions 4. Previous Conduct as Evidence ^^^^

130: RULES OF ADMISSIBILITY*** Section 34: Similar Acts

A. OBJECT (REAL) EVIDENCE ^ Section 35: Unaccepted Offer

Section 1: Object Evidence 5. Testimonial Knowledge ^^^^^

B. DOCUMENTARY EVIDENCE ^^ Section 36: Personal Knowledge

Section 2: Document Evidence 6. Exceptions to the Hearsay Rule ^^^^^^

1. Best Evidence Rule ^ Section 37: Dying Declaration

Section 3: Exceptions to Production of Original Section 38: Declaration Against Interest

Section 4: Original of Document Section 39: Declaration about Pedigree

2. Secondary Evidence ^^ Section 40: Family Reputation

Section 5: Original Unavailable Section 41: Common Reputation

Section 6: Original with Adverse Party Section 42: Res Gestae

Section 7: Original is Public Record Section 43: Business Entries

Section 8: Party Calling Not Obliged to Offer Section 44: Official Records

3. Parol Evidence Rule ^^^ Section 45: Commercial Lists

Section 9: Written Agreements Section 46: Learned Treatises

Section 47: Former Proceeding
 7. Opinion Rule ^^^^^^^ B. Authentication and Proof of Documents
Section 48: Opinion Rule Section 19: Classes of Documents
Section 49: Expert Opinion Section 20: Private Documents
Section 50: Ordinary Opinion Section 21: Authenticity of Private Document
8. Character Evidence ^^^^^^^^ Section 22: Genuineness of Handwriting
Section 51: Character Evidence Section 23: Public Documents
131: BURDEN OF PROOF AND PRESUMPTIONS**** Section 24: Official Records
Section 1: Burden of Proof Section 25: Attestation of Copy
Section 2: Conclusive Presumptions Section 26: Irremovability of Public Record
Section 3: Disputable Presumptions Section 27: Public Record of Private
Section 4: Legitimacy Section 28: Lack of Record
132: PRESENTATION OF EVIDENCE***** Section 29: Judicial Record
A. Examination of Witnesses Section 30: Notarial Documents
Section 3: Rights and Obligations Section 31: Alteration in Document
Section 10: Leading Questions Section 32: Seal
Section 11: Impeachment of Adverse Section 33: Unofficial Language
Section 12: Impeachment of Own 133: WEIGHT AND SUFFICIENCY OF EVIDENCE******
Section 13: Inconsistent Statements Section 1: Preponderance of Evidence
Section 14: Good Character Section 2: Proof beyond Reasonable Doubt
Section 16: Memorandum Section 3: Extrajudicial Confession
Section 17: Part of Transaction Section 4: Circumstantial Evidence
Section 5: Substantial Evidence
 2. _____________________
QUIZ!!! Section 25: ____________

128: _______________________ 3. _____________________

Section 1: ____________ Section 26: ____________

Section 2: ____________ Section 27: ____________

Section 3: ____________ Section 28: ____________

Section 4: ____________ Section 29: ____________

129: _______________________ Section 30: ____________

Section 1: ____________ Section 31: ____________

Section 2: ____________ Section 32: ____________

Section 3: ____________ Section 33: ____________

Section 4: ____________ 4. _____________________

130: _______________________ Section 34: ____________

A. ____________________ Section 35: ____________

Section 1: ____________ 5. _____________________

B. ____________________ Section 36: ____________

Section 2: ____________ 6. _____________________

1. ____________________ Section 37: ____________

Section 3: ____________ Section 38: ____________

Section 4: ____________ Section 39: ____________

2. ____________________ Section 40: ____________

Section 5: ____________ Section 41: ____________

Section 6: ____________ Section 42: ____________

Section 7: ____________ Section 43: ____________

Section 8: ____________ Section 44: ____________

3. ____________________ Section 45: ____________

Section 9: ____________ Section 46: ____________

4. ____________________ Section 47: ____________

C. _____________________ 7. _____________________

1. _____________________ Section 48: ____________

Section 20: ____________ Section 49: ____________

Section 21: ____________ Section 50: ____________

Section 22: ____________ 8. _____________________

Section 23: ____________ Section 51: ____________

Section 24: ____________

131: _______________________ 133: _______________________
Section 1: ____________ Section 1: ____________
Section 2: ____________ Section 2: ____________
Section 3: ____________ Section 3: ____________
Section 4: ____________ Section 4: ____________
132: _______________________ Section 5: ____________
A. _________________
Section 3: ____________
Section 10: ____________
Section 11: ____________
Section 12: ____________
Section 13: ____________
Section 14: ____________
Section 16: ____________
Section 17: ____________
B. __________________
Section 19: ____________
Section 20: ____________
Section 21: ____________
Section 22: ____________
Section 23: ____________
Section 24: ____________
Section 25: ____________
Section 26: ____________
Section 27: ____________
Section 28: ____________
Section 29: ____________
Section 30: ____________
Section 31: ____________
Section 32: ____________
Section 33: ____________
 129: WHAT NEED NOT BE PROVED**
MEMORIZE!!! Section 1: Mandatory Judicial Notice

EXPLICIT PROVISIONS A court shall take judicial notice,

128: GENERAL PROVISIONS* without the introduction of evidence,

Section 1: Evidence of the existence

Evidence is the means, and territorial extent of states,

sanctioned by these rules, their political history,

of ascertaining forms of government

in a judicial proceeding and symbols of nationality,

the truth the law of nations,

respecting a matter of fact. the admiralty and maritime courts of the world

Section 2: Scope of Rules and their seals,

The rules of evidence the political constitution

shall be the same and history of the Philippines,

in all courts the official acts of legislative, executive

and in all trials and hearings, and judicial departments of the Philippines,

except as otherwise provided the laws of nature,

by law or these rules. the measure of time,

Section 3: Admissibility and the geographical divisions.

Evidence is admissible Section 2: Discretionary Judicial Notice

when it is relevant to the issue and A court may take judicial notice

is not excluded by the law or these rules. of matters which are of public knowledge,

Section 4: Relevancy or are capable of unquestionable demonstration,

Evidence must have or ought to be known to judges

such a relation because of their judicial functions.

to the fact in issue Section 3: Hearing Necessary for Notice

as to induce belief During the trial,

in its existence or non-existence. the court,

Evidence on collateral matters on its own initiative,

shall not be allowed, or on request of a party,

except when it tends may announce its intention

in any reasonable degree to take judicial notice of any matter

to establish the probability and allow the parties to be heard thereon.

or improbability After the trial,

of the fact in issue. and before judgment

or on appeal,
 the proper court, 1. Best Evidence Rule ^
on its own initiative Section 3: Exceptions to Production of Original
or on request of a party, When the subject of inquiry
may take judicial notice of any matter is the contents of a document,
and allow the parties to be heard thereon no evidence shall be admissible
if such matter is decisive other than the original document itself,
of a material issue in the case. except in the following cases:
Section 4: Judicial Admissions (a) When the original
An admission, verbal or written, has been lost or destroyed,
made by a party or cannot be produced in court,
in the course of the proceedings without bad faith on the part of the offeror;
in the same case, (b) When the original is in the custody
does not require proof. or under the control of the party
The admission may be contradicted against whom the evidence is offered,
only by showing that and the latter fails to produce it
it was made through palpable mistake after reasonable notice;
or that no such admission was made. (c) When the original
130: RULES OF ADMISSIBILITY*** consists of numerous accounts
A. OBJECT (REAL) EVIDENCE ^ or other documents
Section 1: Object Evidence which cannot be examined in court
Objects as evidence without great loss of time and
are those addressed the fact sought to be established from them
to the senses of the court. is only the general result of the whole; and
When an object is relevant (d) When the original
to the fact in issue, is a public record
it may be exhibited to, in the custody of a public officer
examined or viewed by the court. or is recorded in a public office.
B. DOCUMENTARY EVIDENCE ^^ Section 4: Original of Document
Section 2: Document Evidence (a) The original of the document is one
Documents as evidence the contents of which
consist of writing are the subject of inquiry.
or any material (b) When a document is in two or more copies
containing letters, words, executed at or about the same time,
numbers, figures, symbols with identical contents,
or other modes of written expression all such copies
offered as proof of their contents. are equally regarded as originals.
 its contents may be proved
(c) When an entry is repeated by a certified copy
in the regular course of business, issued by the public officer in custody thereof.
one being copied from another Section 8: Party Calling Not Obliged to Offer
at or near the time of the transaction, A party who calls
all the entries are likewise for the production of a document
equally regarded as originals. and inspects the same
2. Secondary Evidence ^^ is not obliged
Section 5: Original Unavailable to offer it as evidence.
When the original document 3. Parol Evidence Rule ^^^
has been lost or destroyed, Section 9: Written Agreements
or cannot be produced in court, When the terms of an agreement
the offeror, upon proof have been reduced to writing,
of its execution or existence it is considered as containing
and the cause of its unavailability all the terms agreed upon
without bad faith on his part, and there can be,
may prove its contents between the parties
by a copy, and their successors in interest,
or by a recital of its contents no evidence of such terms
in some authentic document, other than the contents of the written agreement.
or by the testimony of witnesses However, a party may present evidence
in the order stated. to modify, explain
Section 6: Original with Adverse Party or add to the terms of the written agreement
If the document if he puts in issue in his pleading:
is in the custody or under the control (a) An intrinsic ambiguity,
of the adverse party, mistake or
he must have reasonable notice to produce it. imperfection in the written agreement;
If after such notice (b) The failure of the written agreement
and after satisfactory proof of its existence, to express the true intent
he fails to produce the document, and agreement of the parties thereto;
secondary evidence may be presented (c) The validity of the written agreement; or
as in the case of its loss. (d) The existence of other terms
Section 7: Original is Public Record agreed to by the parties
When the original of a document or their successors in interest
is in the custody of a public officer after the execution of the written agreement.
or is recorded in a public office, The term "agreement" includes wills.
 4. Interpretation of Documents or in a criminal case
C. TESTIMONIAL EVIDENCE ^^^ for a crime committed by one against the other
1. Qualification of Witnesses ^ or the latter's direct descendants or ascendants.
Section 20: Qualifications of Witnesses Section 23: Death or Insanity
Except as provided Parties or assignors of parties to a case,
in the next succeeding section, or persons in whose behalf a case is prosecuted,
all persons who can perceive, against an executor or administrator
and perceiving, can make known or other representative of a deceased person,
their perception to others, or against a person of unsound mind,
may be witnesses. upon a claim or demand
Religious or political belief, against the estate of such deceased person
interest in the outcome of the case, or against such person of unsound mind,
or conviction of a crime cannot testify as to any matter of fact
unless otherwise provided by law, occurring before the death
shall not be ground for disqualification. of such deceased person
Section 21: Mental Incapacity or before such person
The following persons cannot be witnesses: became of unsound mind.
(a) Those whose mental condition, Section 24: Privileged Communication
at the time of their production The following persons cannot testify
for examination, as to matters learned in confidence
is such that they are incapable in the following cases:
of intelligently making known (a) The husband or the wife,
their perception to others; during or after the marriage,
(b) Children whose mental maturity cannot be examined
is such as to render them incapable without the consent of the other
of perceiving the facts as to any communication
respecting which they are examined received in confidence
and of relating them truthfully. by one from the other
Section 22: Marriage during the marriage
During their marriage, except in a civil case
neither the husband nor the wife by one against the other,
may testify for or in a criminal case
or against the other for a crime committed
without the consent of the affected spouse, by one against the other
except in a civil case or the latter's direct descendants
by one against the other, or ascendants;
 or any advice given by him
(b) An attorney cannot, in his professional character
without the consent of his client, in the course of discipline
be examined enjoined by the church
as to any communication to which the minister or priest belongs;
made by the client to him, (e) A public officer cannot be examined
or his advice given thereon during his term of office
in the course of, or afterwards,
or with a view to, professional employment, as to communications made to him
nor can an attorney's secretary, in official confidence,
stenographer, or clerk when the court finds
be examined, that the public interest
without the consent of the client would suffer by the disclosure.
and his employer, 2. Testimonial Privilege ^^
concerning any fact Section 25: Parental and Filial Privilege
the knowledge of which No person may be compelled
has been acquired in such capacity; to testify against his parents,
(c) A person authorized to practice other direct ascendants,
medicine, surgery or obstetrics children
cannot in a civil case, or other direct descendants.
without the consent of the patient, 3. Admissions and Confessions ^^^
be examined Section 26: Admission by Party
as to any advice The act, declaration or omission
or treatment given by him of a party
or any information as to a relevant fact
which he may have acquired may be given in evidence
in attending such patient against him.
in a professional capacity, Section 27: Offer of Compromise
which information was necessary In civil cases,
to enable him to act in that capacity, an offer of compromise
and which would blacken is not an admission of any liability,
the reputation of the patient; and is not admissible in evidence
(d) A minister or priest cannot, against the offeror.
without the consent In criminal cases,
of the person making the confession, except those involving quasi-offenses
be examined as to any confession made to (criminal negligence)
 or those allowed by law to be compromised, Section 30: Admission by Conspirator
an offer of compromise by the accused The act or declaration of a conspirator
may be received in evidence relating to the conspiracy
as an implied admission of guilt. and during its existence,
A plea of guilty later withdrawn, may be given in evidence
or an unaccepted offer against the co-conspirator
of a plea of guilty to a lesser offense, after the conspiracy is shown
is not admissible in evidence by evidence other than such act of declaration.
against the accused Section 31: Admission by Privies
who made the plea or offer. Where one derives title to property
An offer to pay from another,
or the payment of medical, hospital the act, declaration, or omission
or other expenses of the latter,
occasioned by an injury while holding the title,
is not admissible in evidence in relation to the property,
as proof of civil or criminal liability is evidence against the former.
for the injury. Section 32: Admission by Silence
Section 28: Admission by Third Party An act or declaration
The rights of a party made in the presence
cannot be prejudiced and within the hearing
by an act, declaration, or omission or observation of a party
of another, who does or says nothing
except as hereinafter provided. when the act or declaration
Section 29: Admission by Partner or Agent is such as naturally to call for action
The act or declaration of a partner or comment if not true,
or agent of the party and when proper
within the scope of his authority and possible for him to do so,
and during the existence may be given in evidence against him.
of the partnership or agency, Section 33: Confession
may be given in evidence The declaration
against such party of an accused
after the partnership or agency is shown acknowledging his guilt
by evidence other than such act or declaration. of the offense charged,
The same rule applies to the act or declaration or of any offense
of a joint owner, joint debtor, necessarily included therein,
or other person jointly interested with the party. may be given in evidence against him.
 4. Previous Conduct as Evidence ^^^^ of an impending death,
Section 34: Similar Acts may be received in any case
Evidence that one did or did not do wherein his death is the subject of inquiry,
a certain thing as evidence of the cause
at one time and surrounding circumstances of such death.
is not admissible to prove Section 38: Declaration Against Interest
that he did or did not do The declaration made
the same or similar thing by a person deceased,
at another time; or unable to testify,
but it may be received against the interest of the declarant,
to prove a specific intent if the fact asserted in the declaration
or knowledge; identity, was at the time it was made
plan, system, scheme, so far contrary
habit, custom or usage, and the like. to declarant's own interest,
Section 35: Unaccepted Offer that a reasonable man in his position
An offer in writing would not have made the declaration
to pay a particular sum of money unless he believed it to be true,
or to deliver a written instrument may be received in evidence
or specific personal property is, against himself
if rejected without valid cause, or his successors in interest
equivalent to the actual production and against third persons.
and tender of the money, Section 39: Declaration about Pedigree
instrument, The act or declaration
or property. of a person deceased,
5. Testimonial Knowledge ^^^^^ or unable to testify,
Section 36: Personal Knowledge in respect to the pedigree of another person
A witness can testify related to him by birth or marriage,
only to those facts which he knows may be received in evidence
of his personal knowledge; where it occurred before the controversy, and
that is, which are derived the relationship between the two persons is shown
from his own perception, by evidence other than such act or declaration.
except as otherwise provided in these rules. The word "pedigree" includes relationship,
6. Exceptions to the Hearsay Rule ^^^^^^ family genealogy, birth, marriage, death,
Section 37: Dying Declaration the dates when and the places where
The declaration of a dying person, these facts occurred,
made under the consciousness and the names of the relatives.
 It embraces also facts of family history may be given in evidence
intimately connected with pedigree. as part of res gestae.
Section 40: Family Reputation So, also, statements
The reputation or tradition accompanying an equivocal act
existing in a family material to the issue,
previous to the controversy, and giving it a legal significance,
in respect to the pedigree may be received as part of the res gestae.
of any one of its members, Section 43: Business Entries
may be received in evidence Entries made at, or near the time
if the witness testifying thereon of the transactions to which they refer,
be also a member of the family, by a person deceased,
either by consanguinity or affinity. or unable to testify,
Entries in family bibles who was in a position
or other family books or charts, to know the facts therein stated,
engravings on rings, may be received as prima facie evidence,
family portraits and the like, if such person made the entries
may be received as evidence of pedigree. in his professional capacity
Section 41: Common Reputation or in the performance of duty
Common reputation and in the ordinary or regular course
existing previous to the controversy, of business or duty.
respecting facts of public or general interest Section 44: Official Records
more than thirty years old, Entries in official records
or respecting marriage made in the performance of his duty
or moral character, by a public officer of the Philippines,
may be given in evidence. or by a person in the performance of
Monuments and inscriptions a duty specially enjoined by law,
in public places are prima facie evidence
may be received as evidence of the facts therein stated.
of common reputation. Section 45: Commercial Lists
Section 42: Res Gestae Evidence of statements
Statements made by a person of matters of interest
while a starting occurrence to persons engaged in an occupation
is taking place contained in a list, register, periodical,
or immediately prior or other published compilation
or subsequent thereto is admissible as tending to prove
with respect to the circumstances thereof, the truth of any relevant matter so stated
 if that compilation is published for use Section 50: Ordinary Opinion
by persons engaged in that occupation The opinion of a witness
and is generally used for which proper basis is given,
and relied upon by them therein. may be received in evidence regarding —
Section 46: Learned Treatises (a) the identity of a person
A published treatise, about whom he has adequate knowledge;
periodical or pamphlet (b) A handwriting with which
on a subject of history, law, science, or art he has sufficient familiarity; and
is admissible as tending to prove (c) The mental sanity of a person
the truth of a matter stated therein with whom he is sufficiently acquainted.
if the court takes judicial notice, The witness may also testify
or a witness expert in the subject testifies, on his impressions
that the writer of the statement of the emotion, behavior,
in the treatise, periodical or pamphlet condition or appearance of a person.
is recognized in his profession or calling 8. Character Evidence ^^^^^^^^
as expert in the subject. Section 51: Character Evidence
Section 47: Former Proceeding (a) In Criminal Cases:
The testimony or deposition (1) The accused may prove
of a witness deceased or unable to testify, his good moral character
given in a former case or proceeding, which is pertinent to the moral trait
judicial or administrative, involved in the offense charged.
involving the same parties and subject matter, (2) Unless in rebuttal,
may be given in evidence the prosecution may not prove
against the adverse party his bad moral character
who had the opportunity to cross-examine him. which is pertinent to the moral trait
7. Opinion Rule ^^^^^^^ involved in the offense charged.
Section 48: Opinion Rule (3) The good or bad moral character
The opinion of a witness of the offended party
is not admissible, may be proved
except as indicated in the following sections. if it tends to establish
Section 49: Expert Opinion in any reasonable degree
The opinion of a witness the probability or improbability
on a matter requiring special knowledge, of the offense charged.
skill, experience or training (b) In Civil Cases:
which he is shown to possess, Evidence of the moral character
may be received in evidence. of a party in a civil case
 is admissible only
when pertinent (a) That a person is innocent
to the issue of character of crime or wrong;
involved in the case. (b) That an unlawful act was done
(c) In the case provided for with an unlawful intent;
in Rule 132, Section 14 (c) That a person intends
131: BURDEN OF PROOF AND PRESUMPTIONS**** the ordinary consequences
Section 1: Burden of Proof of his voluntary act;
Burden of proof Section 4: Legitimacy
is the duty of a party There is no presumption
to present evidence of legitimacy of a child
on the facts in issue born after three hundred days
necessary to establish following the dissolution of the marriage
his claim or defense or the separation of the spouses.
by the amount of evidence required by law. Whoever alleges
Section 2: Conclusive Presumptions the legitimacy or illegitimacy of such child
The following are instances must prove his allegation.
of conclusive presumptions: 132: PRESENTATION OF EVIDENCE*****
(a) Whenever a party has, C. Examination of Witnesses
by his own declaration, act, or omission, Section 3: Rights and Obligations
intentionally and deliberately A witness must answer questions,
led another to believe although his answer may tend
a particular thing is true, to establish a claim against him.
and to act upon such belief, However, it is the right of a witness:
he cannot, in any litigation (1) To be protected from irrelevant,
arising out of such declaration, act or omission, improper, or insulting questions,
be permitted to falsify it: and from harsh or insulting demeanor;
(b) The tenant is not permitted (2) Not to be detained longer
to deny the title of his landlord than the interests of justice require;
at the time of commencement of the (3) Not to be examined
relation of landlord and tenant between them. except only as to matters
Section 3: Disputable Presumptions pertinent to the issue;
The following presumptions are satisfactory (4) Not to give an answer
if uncontradicted, which will tend to subject him
but may be contradicted to a penalty for an offense
and overcome by other evidence: unless otherwise provided by law; or
 (5) Not to give an answer by contradictory evidence,
which will tend to degrade his reputation, by evidence that his general reputation
unless it be to the very fact at issue for truth, honestly, or integrity is bad,
or to a fact from which or by evidence that he has made
the fact in issue would be presumed. at other times statements
But a witness must answer inconsistent with his present testimony,
to the fact of his previous final conviction but not by evidence of particular wrongful acts,
for an offense. except that it may be shown
Section 10: Leading Questions by the examination of the witness,
A question which suggests or the record of the judgment,
to the witness the answer that he has been convicted of an offense.
which the examining party desires Section 12: Impeachment of Own
is a leading question. Except with respect to witnesses
It is not allowed, except: referred to in paragraphs (d) and (e) of Section 10,
(a) On cross examination; the party producing a witness
(b) On preliminary matters; is not allowed to impeach his credibility.
(c) When there is a difficulty A witness may be considered as unwilling or hostile
in getting direct and intelligible answers only if so declared by the court
from a witness who is ignorant, upon adequate showing of his adverse interest,
or a child of tender years, unjustified reluctance to testify,
or is of feeble mind, or his having misled the party
or a deaf-mute; into calling him to the witness stand.
(d) Of an unwilling or hostile witness; or The unwilling or hostile witness so declared,
(e) Of a witness who is an adverse party or the witness who is an adverse party,
or an officer, director, or managing agent may be impeached by the party presenting him
of a public or private corporation in all respects
or of a partnership or association as if he had been called by the adverse party,
which is an adverse party. except by evidence of his bad character.
A misleading question is one He may also be impeached
which assumes as true and cross-examined by the adverse party,
a fact not yet testified to by the witness, but such cross-examination
or contrary to that which he has previously stated. must only be on the subject matter
It is not allowed. of his examination-in-chief.
Section 11: Impeachment of Adverse Section 13: Inconsistent Statements
A witness may be impeached Before a witness can be impeached
by the party against whom he was called, by evidence that he has made at other times
 statements inconsistent if he is able to swear that the writing or record
with his present testimony, correctly stated the transaction when made;
the statements must be related to him, but such evidence must be received with caution.
with the circumstances of the times Section 17: Part of Transaction
and places and the persons present, When part of an act, declaration,
and he must be asked conversation, writing or record
whether he made such statements, is given in evidence by one party,
and if so, allowed to explain them. the whole of the same subject
If the statements be in writing may be inquired into by the other,
they must be shown to the witness and when a detached act, declaration,
before any question is put to him concerning them. conversation, writing or record
Section 14: Good Character is given in evidence,
Evidence of the good character of a witness any other act, declaration,
is not admissible conversation, writing or record
until such character has been impeached. necessary to its understanding
Section 16: Memorandum may also be given in evidence.
A witness may be allowed to refresh his memory D. Authentication and Proof of Documents
respecting a fact, Section 19: Classes of Documents
by anything written or recorded by himself For the purpose of their presentation evidence,
or under his direction documents are either public or private.
at the time when the fact occurred, Public documents are:
or immediately thereafter, (a) The written official acts, or records
or at any other time of the official acts
when the fact was fresh in his memory of the sovereign authority,
and knew that the same was correctly written official bodies and tribunals,
or recorded; and public officers,
but in such case the writing or record whether of the Philippines,
must be produced and may be inspected or of a foreign country;
by the adverse party, (b) Documents acknowledged
who may, if he chooses, before a notary public
cross examine the witness upon it, except last wills and testaments; and
and may read it in evidence. (c) Public records,
So, also, a witness may testify kept in the Philippines,
from such writing or record, of private documents
though he retain no recollection required by law to the entered therein.
of the particular facts, All other writings are private.
Section 20: Private Documents by the party against whom the evidence is offered,
Before any private document offered as authentic or proved to be genuine
is received in evidence, to the satisfaction of the judge.
its due execution and authenticity Section 23: Public Documents
must be proved either: Documents consisting
(a) By anyone who saw the document of entries in public records
executed or written; or made in the performance of a duty
(b) By evidence by a public officer
of the genuineness of the signature are prima facie evidence
or handwriting of the maker. of the facts therein stated.
Any other private document All other public documents are evidence,
need only be identified even against a third person,
as that which it is claimed to be. of the fact which gave rise to their execution
Section 21: Authenticity of Private Document and of the date of the latter.
Where a private document Section 24: Official Records
is more than thirty years old, The record of public documents
is produced from the custody referred to in paragraph (a) of Section 19,
in which it would naturally be found if genuine, when admissible for any purpose,
and is unblemished by any alterations may be evidenced by an official publication thereof
or circumstances of suspicion, or by a copy attested by the officer
no other evidence of its authenticity need be given. having the legal custody of the record,
Section 22: Genuineness of Handwriting or by his deputy, and accompanied,
The handwriting of a person if the record is not kept in the Philippines,
may be proved by any witness with a certificate that such officer has the custody.
who believes it to be the handwriting If the office in which the record is kept
of such person is in foreign country,
because he has seen the person write, the certificate may be made
or has seen writing purporting to be his by a secretary of the embassy or legation,
upon which the witness has acted or been charged, consul general, consul, vice consul,
and has thus acquired knowledge or consular agent
of the handwriting of such person. or by any officer in the foreign service
Evidence respecting the handwriting of the Philippines
may also be given by a comparison, stationed in the foreign country
made by the witness or the court, in which the record is kept,
with writings admitted and authenticated
or treated as genuine by the seal of his office.
Section 25: Attestation of Copy contain no such record or entry.
Whenever a copy of a document or record Section 29: Judicial Record
is attested for the purpose of evidence, Any judicial record
the attestation must state, in substance, may be impeached by evidence of:
that the copy is a correct copy of the original, (a) want of jurisdiction
or a specific part thereof, as the case may be. in the court or judicial officer,
The attestation must be (b) collusion between the parties, or
under the official seal of the attesting officer, (c) fraud in the party offering the record,
if there be any, in respect to the proceedings.
or if he be the clerk of a court having a seal, Section 30: Notarial Documents
under the seal of such court. Every instrument duly acknowledged
Section 26: Irremovability of Public Record or proved and certified as provided by law,
Any public record, may be presented in evidence
an official copy of which is admissible in evidence, without further proof,
must not be removed from the office the certificate of acknowledgment
in which it is kept, being prima facie evidence
except upon order of a court of the execution of the instrument
where the inspection of the record is essential or document involved.
to the just determination of a pending case. Section 31: Alteration in Document
Section 27: Public Record of Private The party producing a document as genuine
An authorized public record of a private document which has been altered
may be proved by the original record, and appears to have been altered
or by a copy thereof, after its execution,
attested by the legal custodian of the record, in a part material to the question in dispute,
with an appropriate certificate must account for the alteration.
that such officer has the custody. He may show that the alteration
Section 28: Lack of Record was made by another,
A written statement signed by an officer without his concurrence,
having the custody of an official record or was made with the consent
or by his deputy of the parties affected by it,
that after diligent search or was otherwise properly or innocent made,
no record or entry of a specified tenor or that the alteration did not change
is found to exist in the records of his office, the meaning or language of the instrument.
accompanied by a certificate as above provided, If he fails to do that, the document shall
is admissible as evidence not be admissible in evidence.
that the records of his office
Section 32: Seal not necessarily with the greater number.
There shall be no difference Section 2: Proof beyond Reasonable Doubt
between sealed and unsealed In a criminal case, the accused
private documents is entitled to an acquittal,
insofar as their admissibility unless his guilt is shown beyond reasonable doubt.
as evidence is concerned. Proof beyond reasonable doubt
Section 33: Unofficial Language does not mean such a degree of proof,
Documents written in an unofficial language excluding possibility of error,
shall not be admitted as evidence, produces absolute certainly.
unless accompanied with a translation Moral certainly only is required,
into English or Filipino. or that degree of proof which
To avoid interruption of proceedings produces conviction in an unprejudiced mind.
parties or their attorneys are directed Section 3: Extrajudicial Confession
to have such translation prepared before trial. An extrajudicial confession made by an accused,
133: WEIGHT AND SUFFICIENCY OF EVIDENCE****** shall not be sufficient ground for conviction, unless
Section 1: Preponderance of Evidence corroborated by evidence of corpus delicti.
In civil cases, the party having burden of proof Section 4: Circumstantial Evidence
must establish his case Circumstantial evidence
by a preponderance of evidence. is sufficient for conviction if:
In determining where the preponderance (a) There is more than one circumstances;
or superior weight of evidence (b) The facts from which the inferences are derived
on the issues involved lies, are proven; and
the court may consider (b) The combination of all the circumstances
all the facts and circumstances of the case, (c) is such as to produce a conviction beyond
the witnesses' manner of testifying, reasonable doubt.
their intelligence, Section 5: Substantial Evidence
their means and opportunity of knowing the facts In cases filed
to which there are testifying, before administrative or quasi-judicial bodies,
the nature of the facts to which they testify, a fact may be deemed established
the probability or improbability of their testimony, if it is supported by substantial evidence,
their interest or want of interest, or that amount of relevant evidence
and also their personal credibility which a reasonable mind
so far as the same may legitimately appear might accept as adequate
upon the trial. The court may also to justify a conclusion.
consider the number of witnesses,
though the preponderance is