1989 RULES ON EVIDENCE 2019 AMENDMENTS

based on A.M. No. 19-08-15-SC

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)
Section 2. Scope. — The rules of evidence shall be the
same in all courts and in all trials and hearings, except
as otherwise provided by law or these rules. (2a)

Section 3. Admissibility of evidence. — Evidence is Section 3. Admissibility of evidence. — Evidence is

admissible when it is relevant to the issue and is not admissible when it is relevant to the issue and is not
excluded by the law of these rules. (3a) excluded by the Constitution, the law of these rules.
(3a)
Section 4. Relevancy; collateral matters. — Evidence
must have such a relation to the fact in issue as to
induce belief in its existence or non-existence.
Evidence on collateral matters shall not be allowed,
except when it tends in any reasonable degree to
establish the probability or improbability of the fact in
issue. (4a)
RULE 129
What Need Not Be Proved
Section 1. Judicial notice, when mandatory. — A court Section 1. Judicial notice, when mandatory. — A court
shall take judicial notice, without the introduction of shall take judicial notice, without the introduction of
evidence, of the existence and territorial extent of evidence, of the existence and territorial extent of
states, their political history, forms of government and states, their political history, forms of government and
symbols of nationality, the law of nations, the symbols of nationality, the law of nations, the
admiralty and maritime courts of the world and their admiralty and maritime courts of the world and their
seals, the political constitution and history of the seals, the political constitution and history of the
Philippines, the official acts of legislative, executive Philippines, the official acts of legislative, executive
and judicial departments of the Philippines, the laws of and judicial departments of the National Government
nature, the measure of time, and the geographical of the Philippines, the laws of nature, the measure of
divisions. (1a) time, and the geographical divisions. (1a)
Section 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)
Section 3. Judicial notice, when hearing necessary. — Section 3. Judicial notice, when hearing necessary. —
During the trial, the court, on its own initiative, or on During the pre-trial and the trial, the court, motu
request of a party, may announce its intention to take proprio or upon motion, shall hear the parties on the
judicial notice of any matter and allow the parties to be propriety of taking judicial notice of any matter.
heard thereon.
Before judgment or on appeal, the court, motu proprio
After the trial, and before judgment or on appeal, the or upon motion, may take judicial notice of any matter
proper court, on its own initiative or on request of a and shall hear the parties thereon if such matter is
party, may take judicial notice of any matter and allow decisive of a material issue in the case. (3a)
the parties to be heard thereon if such matter is
decisive of a material issue in the case. (n)
Section 4. Judicial admissions. — An admission, verbal Section 4. Judicial admissions. — An admission, oral or
or written, made by the party in the course of the written, made by the party in the course of the
proceedings in the same case, does not require proof. proceedings in the same case, does not require proof.
The admission may be contradicted only by showing The admission may be contradicted only by showing
that it was made through palpable mistake or that no that it was made through palpable mistake or that the
such admission was made. (2a) imputed admission was not, in fact, made. (4a)

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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
Section 2. Documentary evidence. — Documents as Section 2. Documentary evidence. — Documents as
evidence consist of writing or any material containing evidence consist of writings, recordings, photographs
letters, words, numbers, figures, symbols or other or any material containing letters, words, sounds,
modes of written expression offered as proof of their numbers, figures, symbols, or their equivalent, or other
contents. (n) modes of written expression offered as proof of their
contents. Photographs include still pictures, drawings,
stored images, x-ray films, motion pictures or videos.
(2a)
1. Best Evidence Rule 1. Original Document Rule
Section 3. Original document must be produced; Section 3. Original document must be produced;
exceptions. — When the subject of inquiry is the exceptions. — When the subject of inquiry is the
contents of a document, no evidence shall be contents of a document, writing, recording,
admissible other than the original document itself, photograph or other record, no evidence is admissible
except in the following cases: other than the original document itself, except in the
following cases:
(a) When the original has been lost or destroyed, or
cannot be produced in court, without bad faith on (a) When the original has been lost or destroyed, or
the part of the offeror; cannot be produced in court, without bad faith on
(b) When the original is in the custody or under the the part of the offeror;
control of the party against whom the evidence is (b) When the original is in the custody or under the
offered, and the latter fails to produce it after control of the party against whom the evidence is
reasonable notice; offered, and the latter fails to produce it after
(c) When the original consists of numerous accounts reasonable notice, or the original cannot be
or other documents which cannot be examined in obtained by local judicial processes or
court without great loss of time and the fact procedures;
sought to be established from them is only the (c) When the original consists of numerous accounts
general result of the whole; and or other documents which cannot be examined in
(d) When the original is a public record in the custody court without great loss of time and the fact
of a public officer or is recorded in a public office. sought to be established from them is only the
(2a) general result of the whole;
(d) When the original is a public record in the custody
of a public officer or is recorded in a public office;
and
(e) When the original is not closely-related to a
controlling issue. (3a)
Section 4. Original of document. — Section 4. Original of document. —
(a) The original of the document is one the contents (a) An "original" of a document is the document itself
of which are the subject of inquiry. or any counterpart intended to have the same
effect by a person executing or issuing it. An
"original" of a photograph includes the negative
or any print therefrom. If the data is stored in a
computer or similar device, any printout or other
output readable by sight or other means, shown to
reflect the data accurately, is an "original."
(b) When a document is in two or more copies (b) A "duplicate" is a counterpart produced by the
executed at or about the same time, with identical same impression as the original, or from the same
contents, all such copies are equally regarded as matrix, or by means of photography, including
originals. enlargements and miniatures, or by mechanical or
electronic re-recording, or by chemical
reproduction, or by other equivalent techniques
which accurately reproduce the original.

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(c) When an entry is repeated in the regular course of (c) A duplicate is admissible to the same extent as an
business, one being copied from another at or original unless (1) a genuine question is raised as
near the time of the transaction, all the entries are to the authenticity of the original, or (2) in the
likewise equally regarded as originals. (3a) circumstances, it is unjust or inequitable to admit
the duplicate in lieu of the original. (4a)
2. Secondary Evidence
Section 5. When original document is unavailable. — Section 5. When original document is unavailable. —
When the original document has been lost or When the original document has been lost or
destroyed, or cannot be produced in court, the offeror, destroyed, or cannot be produced in court, the offeror,
upon proof of its execution or existence and the cause upon proof of its execution or existence and the cause
of its unavailability without bad faith on his part, may of its unavailability without bad faith on his or her
prove its contents by a copy, or by a recital of its part, may prove its contents by a copy, or by a recital of
contents in some authentic document, or by the its contents in some authentic document, or by the
testimony of witnesses in the order stated. (4a) testimony of witnesses in the order stated. (5a)
Section 6. When original document is in adverse party's Section 6. When original document is in adverse party's
custody or control. — If the document is in the custody custody or control. — If the document is in the custody
or under the control of adverse party, he must have or under the control of adverse party, he or she must
reasonable notice to produce it. If after such notice and have reasonable notice to produce it. If after such
after satisfactory proof of its existence, he fails to notice and after satisfactory proof of its existence, he
produce the document, secondary evidence may be or she fails to produce the document, secondary
presented as in the case of its loss. (5a) evidence may be presented as in the case of its loss.
(6a)
Section 7. Summaries. — When the contents of
documents, records, photographs, or numerous
accounts are voluminous and cannot be examined in
court without great loss of time, and the fact sought to
be established is only the general result of the whole,
the contents of such evidence may be presented in the
form of a chart, summary or calculation.

The originals shall be available for examination or

copying, or both, by the adverse party at a reasonable
time and place. The court may order that they be
produced in court. (n)
Section 7. Evidence admissible when original document Section 8. Evidence admissible when original document
is a public record. — When the original of document is is a public record. — When the original of document is
in the custody of public officer or is recorded in a in the custody of public officer or is recorded in a
public office, its contents may be proved by a certified public office, its contents may be proved by a certified
copy issued by the public officer in custody thereof. copy issued by the public officer in custody thereof. (7)
(2a)
Section 8. Party who calls for document not bound to Section 9. Party who calls for document not bound to
offer it. — A party who calls for the production of a offer it. — A party who calls for the production of a
document and inspects the same is not obliged to offer document and inspects the same is not obliged to offer
it as evidence. (6a) it as evidence. (8)

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3. Parol Evidence Rule
Section 9. Evidence of written agreements. — When the Section 10. Evidence of written agreements. — When
terms of an agreement have been reduced to writing, it the terms of an agreement have been reduced to
is considered as containing all the terms agreed upon writing, it is considered as containing all the terms
and there can be, between the parties and their agreed upon and there can be, as between the parties
successors in interest, no evidence of such terms other and their successors in interest, no evidence of such
than the contents of the written agreement. 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 However, a party may present evidence to modify,
puts in issue in his pleading: explain or add to the terms of written agreement if he
or she puts in issue in a verified pleading:
(a) An intrinsic ambiguity, mistake or imperfection in
the written agreement; (a) An intrinsic ambiguity, mistake or imperfection in
(b) The failure of the written agreement to express the written agreement;
the true intent and agreement of the parties (b) The failure of the written agreement to express
thereto; the true intent and agreement of the parties
(c) The validity of the written agreement; or thereto;
(d) The existence of other terms agreed to by the (c) The validity of the written agreement; or
parties or their successors in interest after the (d) The existence of other terms agreed to by the
execution of the written agreement. parties or their successors in interest after the
execution of the written agreement.
The term "agreement" includes wills. (7a)
The term "agreement" includes wills. (9a)
4. Interpretation of Documents
Section 10. Interpretation of a writing according to its Section 11. Interpretation of a writing according to its
legal meaning. — The language of a writing is to be legal meaning. — The language of a writing is to be
interpreted according to the legal meaning it bears in interpreted according to the legal meaning it bears in
the place of its execution, unless the parties intended the place of its execution, unless the parties intended
otherwise. (8) otherwise. (10)
Section 11. Instrument construed so as to give effect to Section 12. Instrument construed so as to give effect to
all provisions. — In the construction of an instrument, all provisions. — In the construction of an instrument,
where there are several provisions or particulars, such where there are several provisions or particulars, such
a construction is, if possible, to be adopted as will give a construction is, if possible, to be adopted as will give
effect to all. (9) effect to all. (11)
Section 12. Interpretation according to intention; Section 13. Interpretation according to intention;
general and particular provisions. — In the general and particular provisions. — In the
construction of an instrument, the intention of the construction of an instrument, the intention of the
parties is to be pursued; and when a general and a parties is to be pursued; and when a general and a
particular provision are inconsistent, the latter is particular provision are inconsistent, the latter is
paramount to the former. So a particular intent will paramount to the former. So a particular intent will
control a general one that is inconsistent with it. (10) control a general one that is inconsistent with it. (12)
Section 13. Interpretation according to circumstances. Section 14. Interpretation according to circumstances.
— For the proper construction of an instrument, the — For the proper construction of an instrument, the
circumstances under which it was made, including the circumstances under which it was made, including the
situation of the subject thereof and of the parties to it, situation of the subject thereof and of the parties to it,
may be shown, so that the judge may be placed in the may be shown, so that the judge may be placed in the
position of those who language he is to interpret. (11) position of those who language he or she is to
interpret. (13a)
Section 14. Peculiar signification of terms. — The Section 15. Peculiar signification of terms. — The
terms of a writing are presumed to have been used in terms of a writing are presumed to have been used in
their primary and general acceptation, but evidence is their primary and general acceptation, but evidence is
admissible to show that they have a local, technical, or admissible to show that they have a local, technical, or
otherwise peculiar signification, and were so used and otherwise peculiar signification, and were so used and
understood in the particular instance, in which case understood in the particular instance, in which case
the agreement must be construed accordingly. (12) the agreement must be construed accordingly. (14)
Section 15. Written words control printed. — When an Section 16. Written words control printed. — When an
instrument consists partly of written words and partly instrument consists partly of written words and partly
of a printed form, and the two are inconsistent, the of a printed form, and the two are inconsistent, the
former controls the latter. (13) former controls the latter. (15)

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Section 16. Experts and interpreters to be used in Section 17. Experts and interpreters to be used in
explaining certain writings. — When the characters in explaining certain writings. — When the characters in
which an instrument is written are difficult to be which an instrument is written are difficult to be
deciphered, or the language is not understood by the deciphered, or the language is not understood by the
court, the evidence of persons skilled in deciphering court, the evidence of persons skilled in deciphering
the characters, or who understand the language, is the characters, or who understand the language, is
admissible to declare the characters or the meaning of admissible to declare the characters or the meaning of
the language. (14) the language. (16)
Section 17. Of Two constructions, which preferred. — Section 18. Of Two constructions, which preferred. —
When the terms of an agreement have been intended When the terms of an agreement have been intended
in a different sense by the different parties to it, that in a different sense by the different parties to it, that
sense is to prevail against either party in which he sense is to prevail against either party in which he or
supposed the other understood it, and when different she supposed the other understood it, and when
constructions of a provision are otherwise equally different constructions of a provision are otherwise
proper, that is to be taken which is the most favorable equally proper, that is to be taken which is the most
to the party in whose favor the provision was made. favorable to the party in whose favor the provision
(15) was made. (17)
Section 18. Construction in favor of natural right. — Section 19. Construction in favor of natural right. —
When an instrument is equally susceptible of two When an instrument is equally susceptible of two
interpretations, one in favor of natural right and the interpretations, one in favor of natural right and the
other against it, the former is to be adopted. (16) other against it, the former is to be adopted. (18)
Section 19. Interpretation according to usage. — An Section 20. Interpretation according to usage. — An
instrument may be construed according to usage, in instrument may be construed according to usage, in
order to determine its true character. (17) order to determine its true character. (19)
C. TESTIMONIAL EVIDENCE
1. Qualification of Witnesses
Section 20. Witnesses; their qualifications. — Except as Section 21. Witnesses; their qualifications. — Except as
provided in the next succeeding section, all persons provided in the next succeeding section, all persons
who can perceive, and perceiving, can make their who can perceive, and perceiving, can make their
known perception to others, may be known perception to others, may be
witnesses.Religious or political belief, interest in the witnesses.Religious or political belief, interest in the
outcome of the case, or conviction of a crime unless outcome of the case, or conviction of a crime unless
otherwise provided by law, shall not be ground for otherwise provided by law, shall not be ground for
disqualification. (18a) disqualification. (20)

Section 21. Disqualification by reason of mental [Section 21. Disqualification by reason of mental
incapacity or immaturity. — The following persons incapacity or immaturity. — DELETED]
cannot be witnesses:

(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)
[Transposed from Section 36 of the old Rules] Section 22. Testimony confined to personal knowledge.
— A witness can testify only to those facts which he or
she knows of his or her personal knowledge; that is,
which are derived from his or her own perception.
(36a)
Section 22. Disqualification by reason of marriage. — Section 23. Disqualification by reason of marriage. —
During their marriage, neither the husband nor the During their marriage, neither the husband or the wife
wife may testify for or against the other without the cannot testify for or against the other without the
consent of the affected spouse, except in a civil case by consent of the affected spouse, except in a civil case by
one against the other, or in a criminal case for a crime one against the other, or in a criminal case for a crime
committed by one against the other or the latter's committed by one against the other or the latter's
direct descendants or ascendants. (20a) direct descendants or ascendants. (22a)

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Section 23. Disqualification by reason of death or [See Section 39 of the revised Rules]
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)
Section 24. Disqualification by reason of privileged Section 24. Disqualification by reason of privileged
communication. — The following persons cannot communication. — The following persons cannot
testify as to matters learned in confidence in the testify as to matters learned in confidence in the
following cases: following cases:

(a) The husband or the wife, during or after the (a) The husband or the wife, during or after the
marriage, cannot be examined without the marriage, cannot be examined without the
consent of the other as to any communication consent of the other as to any communication
received in confidence by one from the other received in confidence by one from the other
during the marriage except in a civil case by one during the marriage except in a civil case by one
against the other, or in a criminal case for a crime against the other, or in a criminal case for a crime
committed by one against the other or the latter's committed by one against the other or the latter's
direct descendants or ascendants; direct descendants or ascendants;

(a) (b) An attorney cannot, without the consent of his (b) An attorney or person reasonably believed by the
client, be examined as to any communication client to be licensed to engage in the practice of
made by the client to him, or his advice given law cannot, without the consent of his client, be
thereon in the course of, or with a view to, examined as to any communication made by the
professional employment, nor can an attorney's client to him or her, or his or her advice given
secretary, stenographer, or clerk be examined, thereon in the course of, or with a view to,
without the consent of the client and his professional employment, nor can an attorney's
employer, concerning any fact the knowledge of secretary, stenographer, or clerk, or other persons
which has been acquired in such capacity; assisting the attorney be examined, without the
consent of the client and his or her employer,
concerning any fact the knowledge of which has
been acquired in such capacity, except in the
following cases:

(i) Furtherance of crime or fraud. If the services or

advice of the lawyer were sought or obtained to
enable or aid anyone to commit or plan to
commit what the client knew or reasonably
should have known to be a crime or fraud;
(ii) Claimants through same deceased client. As to a
communication relevant to an issue between
parties who claim through the same deceased
client, regardless of whether the claims are by
testate or intestate or by inter vivos transaction;
(iii) Breach of duty by lawyer or client. As to a
communication relevant to an issue of breach of
duty by the lawyer or his or her client, or by the
client to his or her lawyer;
(iv) Document attested by the lawyer. As to a
communication relevant to an issue concerning
an attested document to which the lawyer is an
attesting witness; or
(v) Joint clients. As to a communication relevant to a
matter of common interest between two or more
clients if the communication was made by any of
them to a lawyer retained or consulted in
common, when offered in an action between any
of the clients, unless they have expressly agreed
otherwise;

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(c) A person authorized to practice medicine, surgery (c) A physician, psychotherapist or person reasonably
or obstetrics cannot in a civil case, without the believed by the patient to be authorized to
consent of the patient, be examined as to any practice medicine or psychotherapy cannot, in a
advice or treatment given by him or any civil case, without the consent of the patient, be
information which he may have acquired in examined as to any confidential communication
attending such patient in a professional capacity, made for the purpose of diagnosis or treatment of
which information was necessary to enable him to the patient's physical, mental or emotional
act in capacity, and which would blacken the condition, including alcohol or drug addiction,
reputation of the patient; between the patient and his or her physician or
psychotherapist. This privilege also applies to
persons, including members of the patient's
family, who have participated in the diagnosis or
treatment of the patient under the direction of the
physician or psychotherapist.

A "psychotherapist" is:
(a) A person licensed to practice medicine
engaged in the diagnosis or treatment of a
mental or emotional condition, or
(b) A person licensed as a psychologist by the
government while similarly engaged;

(d) A minister or priest cannot, without the consent of (d) A minister, priest or person reasonably believed
the person making the confession, be examined as to be so cannot, without the consent of the
to any confession made to or any advice given by affected person, be examined as to any
him in his professional character in the course of communication or confession made to or any
discipline enjoined by the church to which the advice given by him or her, in his or her
minister or priest belongs; 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 (e) A public officer cannot be examined during or
term of office or afterwards, as to communications after his or her tenure as to communications
made to him in official confidence, when the court made to him or her in official confidence, when
finds that the public interest would suffer by the the court finds that the public interest would
disclosure. (21a) suffer by the disclosure.

The communication shall remain privileged, even in

the hands of a third person who may have obtained
the information, provided that the original parties to
the communication took reasonable precaution to
protect its confidentiality. (24a)
2. Testimonial Privilege
Section 25. Parental and filial privilege. — No person Section 25. Parental and filial privilege. — No person
may be compelled to testify against his parents, other shall be compelled to testify against his or her parents,
direct ascendants, children or other direct other direct ascendants, children or other direct
descendants. (20a) descendants, except when such testimony is
indispensable in a crime against that person or by one
parent against the other. (25a)
Section 26. Privilege relating to trade secrets. — A
person cannot be compelled to testify about any trade
secret, unless the non-disclosure will conceal fraud or
otherwise work injustice. When disclosure is directed,
the court shall take such protective measure as the
interest of the owner of the trade secret and of the
parties and the furtherance of justice may require. (n)
3. Admissions and Confessions
Section 26. Admission of a party. — The act, Section 27. Admission of a party. — The act,
declaration or omission of a party as to a relevant fact declaration or omission of a party as to a relevant fact
may be given in evidence against him. (22) may be given in evidence against him or her. (26a)

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Section 27. Offer of compromise not admissible. — In Section 28. Offer of compromise not admissible. — In
civil cases, an offer of compromise is not an admission civil cases, an offer of compromise is not an admission
of any liability, and is not admissible in evidence of any liability, and is not admissible in evidence
against the offeror. against the offeror. Neither is evidence of conduct nor
statements made in compromise negotiations
In criminal cases, except those involving quasi-offenses admissible, except evidence otherwise discoverable or
(criminal negligence) or those allowed by law to be offered for another purpose, such as proving bias or
compromised, an offer of compromise by the accused prejudice of a witness, negativing a contention of
may be received in evidence as an implied admission undue delay, or proving an effort to obstruct a criminal
of guilt. investigation or prosecution.

A plea of guilty later withdrawn, or an unaccepted In criminal cases, except those involving quasi-offenses
offer of a plea of guilty to lesser offense, is not (criminal negligence) or those allowed by law to be
admissible in evidence against the accused who made compromised, an offer of compromise by the accused
the plea or offer. may be received in evidence as an implied admission
of guilt.
An offer to pay or the payment of medical, hospital or
other expenses occasioned by an injury is not A plea of guilty later withdrawn, or an unaccepted
admissible in evidence as proof of civil or criminal offer of a plea of guilty to lesser offense, is not
liability for the injury. (24a) admissible in evidence against the accused who made
the plea or offer. Neither is any statement made in the
course of plea bargaining with the prosecution, which
does not result in a plea of guilty or which results in a
plea of guilty later withdrawn, admissible.

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. (27a)
Section 28. Admission by third party. — The rights of a Section 29. Admission by third party. — The rights of a
party cannot be prejudiced by an act, declaration, or party cannot be prejudiced by an act, declaration, or
omission of another, except as hereinafter provided. omission of another, except as hereinafter provided.
(25a) (28)
Section 29. Admission by co-partner or agent. — The Section 30. Admission by co-partner or agent. — The
act or declaration of a partner or agent of the party act or declaration of a partner or agent authorized by
within the scope of his authority and during the the party to make a statement concerning the subject,
existence of the partnership or agency, may be given in or within the scope of his or her authority and during
evidence against such party after the partnership or the existence of the partnership or agency, may be
agency is shown by evidence other than such act or given in evidence against such party after the
declaration. The same rule applies to the act or partnership or agency is shown by evidence other than
declaration of a joint owner, joint debtor, or other such act or declaration. The same rule applies to the
person jointly interested with the party. (26a) act or declaration of a joint owner, joint debtor, or
other person jointly interested with the party. (29a)

Section 30. Admission by conspirator. — The act or Section 31. Admission by conspirator. — The act or
declaration of a conspirator relating to the conspiracy declaration of a conspirator in furtherance of
and during its existence, may be given in evidence conspiracy and during its existence, may be given in
against the co-conspirator after the conspiracy is evidence against the co-conspirator after the
shown by evidence other than such act of declaration. conspiracy is shown by evidence other than such act of
(27) declaration. (30a)
Section 31. Admission by privies. — Where one derives Section 32. Admission by privies. — Where one derives
title to property from another, the act, declaration, or title to property from another, the latter's act,
omission of the latter, while holding the title, in declaration, or omission, in relation to the property, is
relation to the property, is evidence against the former. evidence against the former if done while the latter
(28) was holding the title. (31a)
Section 32. Admission by silence. — An act or Section 33. Admission by silence. — An act or
declaration made in the presence and within the declaration made in the presence and within the
hearing or observation of a party who does or says hearing or observation of a party who does or says
nothing when the act or declaration is such as nothing when the act or declaration is such as
naturally to call for action or comment if not true, and naturally to call for action or comment if not true, and
when proper and possible for him to do so, may be when proper and possible for him or her to do so, may
given in evidence against him. (23a) be given in evidence against him or her. (32a)

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Section 33. Confession. — The declaration of an Section 34. Confession. — The declaration of an
accused acknowledging his guilt of the offense charged, accused acknowledging his or her guilt of the offense
or of any offense necessarily included therein, may be charged, or of any offense necessarily included therein,
given in evidence against him. (29a) may be given in evidence against him or her. (33a)
4. Previous Conduct as Evidence
Section 34. Similar acts as evidence. — Evidence that Section 35. Similar acts as evidence. — Evidence that
one did or did not do a certain thing at one time is not 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 admissible to prove that he or she did or did not do the
or similar thing at another time; but it may be received same or similar thing at another time; but it may be
to prove a specific intent or knowledge; identity, plan, received to prove a specific intent or knowledge;
system, scheme, habit, custom or usage, and the like. identity, plan, system, scheme, habit, custom or usage,
(48a) and the like. (34a)
Section 35. Unaccepted offer. — An offer in writing to Section 36. Unaccepted offer. — An offer in writing to
pay a particular sum of money or to deliver a written pay a particular sum of money or to deliver a written
instrument or specific personal property is, if rejected instrument or specific personal property is, if rejected
without valid cause, equivalent to the actual without valid cause, equivalent to the actual
production and tender of the money, instrument, or production and tender of the money, instrument, or
property. (49a) property. (35)
5. Testimonial Knowledge [Subsection removed]
Section 36. Testimony generally confined to personal [Section 36. Testimony generally confined to personal
knowledge; hearsay excluded. — A witness can testify knowledge; hearsay excluded. — Transposed to Section
only to those facts which he knows of his personal 22, revised Rules]
knowledge; that is, which are derived from his own
perception, except as otherwise provided in these
rules. (30a)
5. Hearsay
Section 37. Hearsay. — Hearsay is a statement other
than one made by the declarant while testifying at a
trial or hearing, offered to prove the truth of the facts
asserted therein. A statement is (1) an oral or written
assertion or (2) a non-verbal conduct of a person, if it
is intended by him or her as an assertion. Hearsay
evidence is inadmissible except as otherwise provided
in these Rules.

A statement is not hearsay if the declarant testifies at

the trial or hearing and is subject to cross-examination
concerning the statement, and the statement is (a)
inconsistent with the declarant's testimony, and was
given under oath subject to the penalty of perjury at a
trial, hearing, or other proceeding, or in a deposition;
(b) consistent with the declarant's testimony and is
offered to rebut an express or implied charge against
the declarant of recent fabrication or improper
influence or motive; or (c) one of identification of a
person made after perceiving him or her. (n)
6. Exceptions to the Hearsay Rule
Section 37. Dying declaration. — The declaration of a Section 38. Dying declaration. — The declaration of a
dying person, made under the consciousness of an dying person, made under the consciousness of an
impending death, may be received in any case wherein impending death, may be received in any case wherein
his death is the subject of inquiry, as evidence of the his or her death is the subject of inquiry, as evidence of
cause and surrounding circumstances of such death. the cause and surrounding circumstances of such
(31a) death. (37a)

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[See Section 23, old Rules] Section 39. Statement of decedent or person of unsound
mind. — In an action against an executor or
administrator or other representative of a deceased
person, or against a person of unsound mind, upon a
claim or demand against the estate of such deceased
person or against such person of unsound mind, where
a party or assignor of a party or a person in whose
behalf a case is prosecuted testifies on a matter of fact
occurring before the death of the deceased person or
before the person became of unsound mind, any
statement of the deceased or the person of unsound
mind, may be received in evidence if the statement was
made upon the personal knowledge of the deceased or
the person of unsound mind at a time when the matter
had been recently perceived by him or her and while
his or her recollection was clear. Such statement,
however, is inadmissible if made under circumstances
indicating its lack of trustworthiness. (23a)
Section 38. Declaration against interest. — The Section 40. Declaration against interest. — The
declaration made by a person deceased, or unable to declaration made by a person deceased, or unable to
testify, against the interest of the declarant, if the fact testify, against the interest of the declarant, if the fact
is asserted in the declaration was at the time it was is asserted in the declaration was at the time it was
made so far contrary to declarant's own interest, that a made so far contrary to declarant's own interest, that a
reasonable man in his position would not have made reasonable person in his or her position would not
the declaration unless he believed it to be true, may be have made the declaration unless he or she believed it
received in evidence against himself or his successors to be true, may be received in evidence against himself
in interest and against third persons. (32a) or herself or his or her successors in interest and
against third persons. A statement tending to expose
the declarant to criminal liability and offered to
exculpate the accused is not admissible unless
corroborating circumstances clearly indicate the
trustworthiness of the statement. (38a)
Section 39. Act or declaration about pedigree. — The Section 41. Act or declaration about pedigree. — The
act or declaration of a person deceased, or unable to act or declaration of a person deceased, or unable to
testify, in respect to the pedigree of another person testify, in respect to the pedigree of another person
related to him by birth or marriage, may be received in related to him or her by birth, adoption, or marriage
evidence where it occurred before the controversy, or, in the absence thereof, with whose family he or she
and the relationship between the two persons is was so intimately associated as to be likely to have
shown by evidence other than such act or declaration. accurate information concerning his or her pedigree,
The word "pedigree" includes relationship, family may be received in evidence where it occurred before
genealogy, birth, marriage, death, the dates when and the controversy, and the relationship between the two
the places where these facts occurred, and the names persons is shown by evidence other than such act or
of the relatives. It embraces also facts of family history declaration. The word "pedigree" includes
intimately connected with pedigree. (33a) relationship, family genealogy, birth, marriage, death,
the dates when and the places where these facts
occurred, and the names of the relatives. It embraces
also facts of family history intimately connected with
pedigree. (39a)
Section 40. Family reputation or tradition regarding Section 42. Family reputation or tradition regarding
pedigree. — The reputation or tradition existing in a pedigree. — The reputation or tradition existing in a
family previous to the controversy, in respect to the family previous to the controversy, in respect to the
pedigree of any one of its members, may be received in pedigree of any one of its members, may be received in
evidence if the witness testifying thereon be also a evidence if the witness testifying thereon be also a
member of the family, either by consanguinity or member of the family, either by consanguinity, affinity,
affinity. Entries in family bibles or other family books or adoption. Entries in family bibles or other family
or charts, engravings on rings, family portraits and the books or charts, engravings on rings, family portraits
like, may be received as evidence of pedigree. (34a) and the like, may be received as evidence of pedigree.
(40a)

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Section 41. Common reputation. — Common Section 43. Common reputation. — Common
reputation existing previous to the controversy, reputation existing previous to the controversy, as to
respecting facts of public or general interest more than boundaries of our customs affecting lands in the
thirty years old, or respecting marriage or moral community and reputation as to events of general
character, may be given in evidence. Monuments and history important to the community, or respecting
inscriptions in public places may be received as marriage or moral character, may be given in evidence.
evidence of common reputation. (35) Monuments and inscriptions in public places may be
received as evidence of common reputation. (41a)
Section 42. Part of res gestae. — Statements made by a Section 44. Part of res gestae. — Statements made by a
person while a startling occurrence is taking place or person while a startling occurrence is taking place or
immediately prior or subsequent thereto with respect immediately prior or subsequent thereto, under the
to the circumstances thereof, may be given in evidence stress of excitement caused by the occurrence with
as part of res gestae. So, also, statements respect to the circumstances thereof, may be given in
accompanying an equivocal act material to the issue, evidence as part of res gestae. So, also, statements
and giving it a legal significance, may be received as accompanying an equivocal act material to the issue,
part of the res gestae. (36a) and giving it a legal significance, may be received as
part of the res gestae. (42a)
Section 43. Entries in the course of business. — Entries Section 45. Records of regularly conducted business
made at, or near the time of transactions to which they activity. — A memorandum, report, record or data
refer, by a person deceased, or unable to testify, who compilation of acts, events, conditions, opinions, or
was in a position to know the facts therein stated, may diagnoses, made by writing, typing, electronic, optical
be received as prima facie evidence, if such person or other similar means at or near the time of or from
made the entries in his professional capacity or in the transmission or supply of information by a person with
performance of duty and in the ordinary or regular knowledge thereof, and kept in the regular course or
course of business or duty. (37a) conduct of a business activity, and such was the
regular practice to make the memorandum, report,
record, or data compilation by electronic, optical or
similar means, all of which are shown by testimony of
the custodian or other qualified witnesses, is excepted
from the rule on hearsay evidence. (43a)

Section 44. Entries in official records. — Entries in Section 46. Entries in official records. — Entries in
official records made in the performance of his duty by official records made in the performance of his or her
a public officer of the Philippines, or by a person in the duty by a public officer of the Philippines, or by a
performance of a duty specially enjoined by law, are person in the performance of a duty specially enjoined
prima facie evidence of the facts therein stated. (38) by law, are prima facie evidence of the facts therein
stated. (44a)
Section 45. Commercial lists and the like. — Evidence Section 47. Commercial lists and the like. — Evidence
of statements of matters of interest to persons engaged of statements of matters of interest to persons engaged
in an occupation contained in a list, register, periodical, in an occupation contained in a list, register, periodical,
or other published compilation is admissible as or other published compilation is admissible as
tending to prove the truth of any relevant matter so tending to prove the truth of any relevant matter so
stated if that compilation is published for use by stated if that compilation is published for use by
persons engaged in that occupation and is generally persons engaged in that occupation and is generally
used and relied upon by them therein. (39) used and relied upon by them therein. (45)

Section 46. Learned treatises. — A published treatise, Section 48. Learned treatises. — A published treatise,
periodical or pamphlet on a subject of history, law, periodical or pamphlet on a subject of history, law,
science, or art is admissible as tending to prove the science, or art is admissible as tending to prove the
truth of a matter stated therein if the court takes truth of a matter stated therein if the court takes
judicial notice, or a witness expert in the subject judicial notice, or a witness expert in the subject
testifies, that the writer of the statement in the testifies, that the writer of the statement in the
treatise, periodical or pamphlet is recognized in his treatise, periodical or pamphlet is recognized in his or
profession or calling as expert in the subject. (40a) her profession or calling as expert in the subject. (46a)

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Section 47. Testimony or deposition at a former Section 49. Testimony or deposition at a former
proceeding. — The testimony or deposition of a proceeding. — The testimony or deposition of a
witness deceased or unable to testify, given in a former witness deceased or out of the Philippines or who
case or proceeding, judicial or administrative, cannot, with due diligence, be found therein, or is
involving the same parties and subject matter, may be unavailable or otherwise unable to testify, given in a
given in evidence against the adverse party who had former case or proceeding, judicial or administrative,
the opportunity to cross-examine him. (41a) involving the same parties and subject matter, may be
given in evidence against the adverse party who had
the opportunity to cross-examine him or her. (47a)

Section 50. Residual exception. —A statement not

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

7. Opinion Rule
Section 48. General rule. — The opinion of witness is Section 51. General rule. — The opinion of witness is
not admissible, except as indicated in the following not admissible, except as indicated in the following
sections. (42) sections. (48)
Section 49. Opinion of expert witness. — The opinion of Section 52. Opinion of expert witness. — The opinion of
a witness on a matter requiring special knowledge, a witness on a matter requiring special knowledge,
skill, experience or training which he shown to skill, experience, training or education, which he or she
possess, may be received in evidence. (43a) is shown to possess, may be received in evidence.
(49a)
Section 50. Opinion of ordinary witnesses. — The Section 53. Opinion of ordinary witnesses. — The
opinion of a witness for which proper basis is given, opinion of a witness for which proper basis is given,
may be received in evidence regarding — may be received in evidence regarding —

(a) the identity of a person about whom he has (a) the identity of a person about whom he or she
adequate knowledge; has adequate knowledge;
(b) A handwriting with which he has sufficient (b) A handwriting with which he or she has
familiarity; and sufficient familiarity; and
(c) The mental sanity of a person with whom he is (c) The mental sanity of a person with whom he or
sufficiently acquainted. she is sufficiently acquainted.

The witness may also testify on his impressions of the The witness may also testify on his or her impressions
emotion, behavior, condition or appearance of a of the emotion, behavior, condition or appearance of a
person. (44a) person. (50a)

8. Character Evidence
Section 51. Character evidence not generally Section 54. Character evidence not generally
admissible; exceptions: — admissible; exceptions: — Evidence of a person's
character or a trait of character is not admissible for
the purpose of proving action in conformity therewith
on a particular occasion, except:

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(a) In Criminal Cases: (a) In Criminal Cases:

(1) The accused may prove his good moral (1) The character of the offended party may be
character which is pertinent to the moral trait proved if it tends to establish in any reasonable
involved in the offense charged. degree the probability or improbability of the
(2) Unless in rebuttal, the prosecution may not offense charged.
prove his bad moral character which is (2) The accused may prove his or her good moral
pertinent to the moral trait involved in the character, pertinent to the moral trait involved
offense charged. in the offense charged. However, the
(3) The good or bad moral character of the prosecution may not prove his or her bad
offended party may be proved if it tends to moral character unless on rebuttal.
establish in any reasonable degree the
probability or improbability of the offense
charged.
(b) In Civil Cases: (b) In Civil Cases:
Evidence of the moral character of a party in civil Evidence of the moral character of a party in civil
case is admissible only when pertinent to the case is admissible only when pertinent to the
issue of character involved in the case. issue of character involved in the case.
(c) In the case provided for in Rule 132, Section 14, (c) In Criminal and Civil Cases:Evidence of the good
(46a, 47a) character of a witness is not admissible until such
character has been impeached.

In all cases in which evidence of character or a

trait of character of a person is admissible, proof
may be made by testimony as to reputation or by
testimony in the form of an opinion. On cross-
examination, inquiry is allowable into relevant
specific instances of conduct.

In cases in which character or a trait of character

of a person is an essential element of a charge,
claim or defense, proof may also be made of
specific instances of that person's conduct. (51a;
14, Rule 132)
RULE 131
Burden of Proof, Burden of Evidence and Presumptions
Section 1. Burden of proof. — Burden of proof is the Section 1. Burden of proof and burden of evidence. —
duty of a party to present evidence on the facts in issue Burden of proof is the duty of a party to present
necessary to establish his claim or defense by the evidence on the facts in issue necessary to establish his
amount of evidence required by law. (1a, 2a) or her claim or defense by the amount of evidence
required by law. Burden of proof never shifts.

Burden of evidence is the duty of a party to present

evidence sufficient to establish or rebut a fact in issue
to establish a prima facie case. Burden of evidence may
shift from one party to the other in the course of the
proceedings, depending on the exigencies of the case.
(1a)
Section 2. Conclusive presumptions. — The following Section 2. Conclusive presumptions. — The following
are instances of conclusive presumptions: are instances of conclusive presumptions:

(a) Whenever a party has, by his own declaration, act, (a) Whenever a party has, by his or her own
or omission, intentionally and deliberately led declaration, act, or omission, intentionally and
another to believe a particular thing true, and to deliberately led another to believe a particular
act upon such belief, he cannot, in any litigation thing true, and to act upon such belief, he or she
arising out of such declaration, act or omission, be cannot, in any litigation arising out of such
permitted to falsify it; declaration, act or omission, be permitted to
(b) The tenant is not permitted to deny the title of his falsify it; and
landlord at the time of commencement of the (b) The tenant is not permitted to deny the title of his
relation of landlord and tenant between them. or her landlord at the time of commencement of
(3a) the relation of landlord and tenant between them.
(2a)

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Section 3. Disputable presumptions. — The following Section 3. Disputable presumptions. — The following
presumptions are satisfactory if uncontradicted, but presumptions are satisfactory if uncontradicted, but
may be contradicted and overcome by other evidence: may be contradicted and overcome by other evidence:

(a) That a person is innocent of crime or wrong; (a) That a person is innocent of crime or wrong;
(b) That an unlawful act was done with an unlawful (b) That an unlawful act was done with an unlawful
intent; intent;
(c) That a person intends the ordinary consequences (c) That a person intends the ordinary consequences
of his voluntary act; of his or her voluntary act;
(d) That a person takes ordinary care of his concerns; (d) That a person takes ordinary care of his or her
concerns;
(e) That evidence willfully suppressed would be (e) That evidence willfully suppressed would be
adverse if produced; adverse if produced;
(f) That money paid by one to another was due to the (f) That money paid by one to another was due to the
latter; latter;
(g) That a thing delivered by one to another belonged (g) That a thing delivered by one to another belonged
to the latter; to the latter;
(h) That an obligation delivered up to the debtor has (h) That an obligation delivered up to the debtor has
been paid; been paid;
(i) That prior rents or installments had been paid (i) That prior rents or installments had been paid
when a receipt for the later one is produced; when a receipt for the later one is produced;
(j) That a person found in possession of a thing taken (j) That a person found in possession of a thing taken
in the doing of a recent wrongful act is the taker in the doing of a recent wrongful act is the taker
and the doer of the whole act; otherwise, that and the doer of the whole act; otherwise, that
things which a person possess, or exercises acts of things which a person possess, or exercises acts of
ownership over, are owned by him; ownership over, are owned by him or her;
(k) That a person in possession of an order on himself (k) That a person in possession of an order on himself
for the payment of the money, or the delivery of or herself for the payment of the money, or the
anything, has paid the money or delivered the delivery of anything, has paid the money or
thing accordingly; delivered the thing accordingly;
(l) That a person acting in a public office was (l) That a person acting in a public office was
regularly appointed or elected to it; regularly appointed or elected to it;
(m) That official duty has been regularly performed; (m) That official duty has been regularly performed;
(n) That a court, or judge acting as such, whether in (n) That a court, or judge acting as such, whether in
the Philippines or elsewhere, was acting in the the Philippines or elsewhere, was acting in the
lawful exercise of jurisdiction; lawful exercise of jurisdiction;
(o) That all the matters within an issue raised in a (o) That all the matters within an issue raised in a
case were laid before the court and passed upon case were laid before the court and passed upon
by it; and in like manner that all matters within an by it; and in like manner that all matters within an
issue raised in a dispute submitted for arbitration issue raised in a dispute submitted for arbitration
were laid before the arbitrators and passed upon were laid before the arbitrators and passed upon
by them; by them;
(p) That private transactions have been fair and (p) That private transactions have been fair and
regular; regular;
(q) That the ordinary course of business has been (q) That the ordinary course of business has been
followed; followed;
(r) That there was a sufficient consideration for a (r) That there was a sufficient consideration for a
contract; contract;
(s) That a negotiable instrument was given or (s) That a negotiable instrument was given or
indorsed for a sufficient consideration; indorsed for a sufficient consideration;
(t) That an endorsement of negotiable instrument (t) That an endorsement of negotiable instrument
was made before the instrument was overdue and was made before the instrument was overdue and
at the place where the instrument is dated; at the place where the instrument is dated;
(u) That a writing is truly dated; (u) That a writing is truly dated;
(v) That a letter duly directed and mailed was (v) That a letter duly directed and mailed was
received in the regular course of the mail; received in the regular course of the mail;
(w) That after an absence of seven years, it being (w) That after an absence of seven years, it being
unknown whether or not the absentee still lives, unknown whether or not the absentee still lives,
he is considered dead for all purposes, except for he or she is considered dead for all purposes,
those of succession. except for those of succession.

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The absentee shall not be considered dead for the The absentee shall not be considered dead for the
purpose of opening his succession till after an purpose of opening his or her succession until
absence of ten years. If he disappeared after the after an absence of ten years. If he or she
age of seventy-five years, an absence of five years disappeared after the age of seventy-five years, an
shall be sufficient in order that his succession may absence of five years shall be sufficient in order
be opened. that his or her succession may be opened.

The following shall be considered dead for all The following shall be considered dead for all
purposes including the division of the estate purposes including the division of the estate
among the heirs: among the heirs:

(1) A person on board a vessel lost during a sea (1) A person on board a vessel lost during a sea
voyage, or an aircraft with is missing, who voyage, or an aircraft with is missing, who
has not been heard of for four years since the has not been heard of for four years since the
loss of the vessel or aircraft; loss of the vessel or aircraft;
(2) A member of the armed forces who has taken (2) A member of the armed forces who has taken
part in armed hostilities, and has been part in armed hostilities, and has been
missing for four years; missing for four years;
(3) A person who has been in danger of death (3) A person who has been in danger of death
under other circumstances and whose under other circumstances and whose
existence has not been known for four years; existence has not been known for four years;
(4) If a married person has been absent for four and
consecutive years, the spouse present may (4) If a married person has been absent for four
contract a subsequent marriage if he or she consecutive years, the spouse present may
has well-founded belief that the absent contract a subsequent marriage if he or she
spouse is already death. In case of has well-founded belief that the absent
disappearance, where there is a danger of spouse is already death. In case of
death the circumstances hereinabove disappearance, where there is a danger of
provided, an absence of only two years shall death the circumstances hereinabove
be sufficient for the purpose of contracting a provided, an absence of only two years shall
subsequent marriage. However, in any case, be sufficient for the purpose of contracting a
before marrying again, the spouse present subsequent marriage. However, in any case,
must institute summary proceedings as before marrying again, the spouse present
provided in the Family Code and in the rules must institute summary proceedings as
for declaration of presumptive death of the provided in the Family Code and in the rules
absentee, without prejudice to the effect of for declaration of presumptive death of the
reappearance of the absent spouse. absentee, without prejudice to the effect of
reappearance of the absent spouse.

(x) That acquiescence resulted from a belief that the (x) That acquiescence resulted from a belief that the
thing acquiesced in was conformable to the law or thing acquiesced in was conformable to the law or
fact; fact;
(y) That things have happened according to the (y) That things have happened according to the
ordinary course of nature and ordinary nature ordinary course of nature and ordinary nature
habits of life; habits of life;
(z) That persons acting as copartners have entered (z) That persons acting as copartners have entered
into a contract of co-partnership; into a contract of co-partnership;
(aa) That a man and woman deporting themselves as (aa) That a man and woman deporting themselves as
husband and wife have entered into a lawful husband and wife have entered into a lawful
contract of marriage; contract of marriage;
(bb) That property acquired by a man and a woman (bb) That property acquired by a man and a woman
who are capacitated to marry each other and who who are capacitated to marry each other and who
live exclusively with each other as husband and live exclusively with each other as husband and
wife without the benefit of marriage or under void wife without the benefit of marriage or under void
marriage, has been obtained by their joint efforts, marriage, has been obtained by their joint efforts,
work or industry; work or industry;
(cc) That in cases of cohabitation by a man and a (cc) That in cases of cohabitation by a man and a
woman who are not capacitated to marry each woman who are not capacitated to marry each
other and who have acquired property through other and who have acquired property through
their actual joint contribution of money, property their actual joint contribution of money, property
or industry, such contributions and their or industry, such contributions and their
corresponding shares including joint deposits of corresponding shares, including joint deposits of
money and evidences of credit are equal; money and evidences of credit, are equal;

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(dd) That if the marriage is terminated and the mother (dd) That if the marriage is terminated and the mother
contracted another marriage within three contracted another marriage within three
hundred days after such termination of the former hundred days after such termination of the former
marriage, these rules shall govern in the absence marriage, these rules shall govern in the absence
of proof to the contrary: of proof to the contrary:

(1) A child born before one hundred eighty (180) (1) A child born before one hundred eighty (180)
days after the solemnization of the days after the solemnization of the
subsequent marriage is considered to have subsequent marriage is considered to have
been conceived during such marriage, even been conceived during such marriage, even
though it be born within the three hundred though it be born within the three hundred
days after the termination of the former days after the termination of the former
marriage; marriage; and
(2) A child born after one hundred eighty (180) (2) A child born after one hundred eighty (180)
days following the celebration of the days following the celebration of the
subsequent marriage is considered to have subsequent marriage is considered to have
been conceived during such marriage, even been conceived during such marriage, even
though it be born within the three hundred though it be born within the three hundred
days after the termination of the former days after the termination of the former
marriage. marriage.

(ee) That a thing once proved to exist continues as long (ee) That a thing once proved to exist continues as long
as is usual with things of the nature; as is usual with things of the nature;
(ff) That the law has been obeyed; (ff) That the law has been obeyed;
(gg) That a printed or published book, purporting to be (gg) That a printed or published book, purporting to be
printed or published by public authority, was so printed or published by public authority, was so
printed or published; printed or published;
(hh) That a printed or published book, purporting to (hh) That a printed or published book, purporting to
contain reports of cases adjudged in tribunals of contain reports of cases adjudged in tribunals of
the country where the book is published, contains the country where the book is published, contains
correct reports of such cases; correct reports of such cases;
(ii) That a trustee or other person whose duty it was to (ii) That a trustee or other person whose duty it was
convey real property to a particular person has to convey real property to a particular person has
actually conveyed it to him when such actually conveyed it to him or her when such
presumption is necessary to perfect the title of presumption is necessary to perfect the title of
such person or his successor in interest; such person or his or her successor in interest;
(jj) That except for purposes of succession, when two (jj) That except for purposes of succession, when two
persons perish in the same calamity, such as persons perish in the same calamity, such as
wreck, battle, or conflagration, and it is not shown wreck, battle, or conflagration, and it is not shown
who died first, and there are no particular who died first, and there are no particular
circumstances from which it can be inferred, the circumstances from which it can be inferred, the
survivorship is determined from the probabilities survivorship is determined from the probabilities
resulting from the strength and the age of the resulting from the strength and the age of the
sexes, according to the following rules: sexes, according to the following rules:

1. If both were under the age of fifteen years, the 1. If both were under the age of fifteen years, the
older is deemed to have survived; older is deemed to have survived;
2. If both were above the age sixty, the younger is 2. If both were above the age sixty, the younger is
deemed to have survived; deemed to have survived;
3. If one is under fifteen and the other above 3. If one is under fifteen and the other above
sixty, the former is deemed to have survived; sixty, the former is deemed to have survived;
4. If both be over fifteen and under sixty, and the 4. If both be over fifteen and under sixty, and the
sex be different, the male is deemed to have sex be different, the male is deemed to have
survived, if the sex be the same, the older; survived, if the sex be the same, the older; and
5. If one be under fifteen or over sixty, and the 5. If one be under fifteen or over sixty, and the
other between those ages, the latter is deemed other between those ages, the latter is deemed
to have survived. to have survived.

(kk) That if there is a doubt, as between two or more (kk) That if there is a doubt, as between two or more
persons who are called to succeed each other, as persons who are called to succeed each other, as
to which of them died first, whoever alleges the to which of them died first, whoever alleges the
death of one prior to the other, shall prove the death of one prior to the other, shall prove the
same; in the absence of proof, they shall be same; in the absence of proof, they shall be
considered to have died at the same time. (5a) considered to have died at the same time. (3a)

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Section 4. No presumption of legitimacy or illegitimacy. Section 4. No presumption of legitimacy or illegitimacy.
— There is no presumption of legitimacy of a child — There is no presumption of legitimacy of a child
born after three hundred days following the born after three hundred days following the
dissolution of the marriage or the separation of the dissolution of the marriage or the separation of the
spouses. Whoever alleges the legitimacy or illegitimacy spouses. Whoever alleges the legitimacy or illegitimacy
of such child must prove his allegation. (6) of such child must prove his or her allegation. (4a)
Section 5. Presumptions in civil actions and
proceedings. — In all civil actions and proceedings not
otherwise provided for by the law or these Rules, a
presumption imposes on the party against whom it is
directed the burden of going forward with evidence to
rebut or meet the presumption.

If presumptions are inconsistent, the presumption that

is founded upon weightier considerations of policy
shall apply. If considerations of policy are of equal
weight, neither presumption applies. (n)
Section 6. Presumption against an accused in criminal
cases. — If a presumed fact that establishes guilt, is an
element of the offense charged, or negates a defense,
the existence of the basic fact must be proved beyond
reasonable doubt and the presumed fact follows from
the basic fact beyond reasonable doubt. (n)

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)
Section 2. Proceedings to be recorded. — The entire Section 2. Proceedings to be recorded. — The entire
proceedings of a trial or hearing, including the proceedings of a trial or hearing, including the
questions propounded to a witness and his answers questions propounded to a witness and his or her
thereto, the statements made by the judge or any of the answers thereto, the statements made by the judge or
parties, counsel, or witnesses with reference to the any of the parties, counsel, or witnesses with reference
case, shall be recorded by means of shorthand or to the case, shall be recorded by means of shorthand or
stenotype or by other means of recording found stenotype or by other means of recording found
suitable by the court. suitable by the court.

A transcript of the record of the proceedings made by A transcript of the record of the proceedings made by
the official stenographer, stenotypist or recorder and the official stenographer, stenotypist or recorder and
certified as correct by him shall be deemed prima facie certified as correct by him or her shall be deemed
a correct statement of such proceedings. (2a) prima facie a correct statement of such proceedings.
(2a)
Section 3. Rights and obligations of a witness. — A Section 3. Rights and obligations of a witness. — A
witness must answer questions, although his answer witness must answer questions, although his or her
may tend to establish a claim against him. However, it answer may tend to establish a claim against him or
is the right of a witness: her. However, it is the right of a witness:

(1) To be protected from irrelevant, improper, or (1) To be protected from irrelevant, improper, or
insulting questions, and from harsh or insulting insulting questions, and from harsh or insulting
demeanor; demeanor;
(2) Not to be detained longer than the interests of (2) Not to be detained longer than the interests of
justice require; justice require;
(3) Not to be examined except only as to matters (3) Not to be examined except only as to matters
pertinent to the issue; pertinent to the issue;

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(4) Not to give an answer which will tend to subject (4) Not to give an answer which will tend to subject
him to a penalty for an offense unless otherwise him or her to a penalty for an offense unless
provided by law; or otherwise provided by law; or
(5) Not to give an answer which will tend to degrade (5) Not to give an answer which will tend to degrade
his reputation, unless it to be the very fact at issue his or her reputation, unless it to be the very fact
or to a fact from which the fact in issue would be at issue or to a fact from which the fact in issue
presumed. But a witness must answer to the fact would be presumed. But a witness must answer to
of his previous final conviction for an offense. (3a, the fact of his or her previous final conviction for
19a) an offense. (3a)

Section 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)
Section 5. Direct examination. — Direct examination is Section 5. Direct examination. — Direct examination is
the examination-in-chief of a witness by the party the examination-in-chief of a witness by the party
presenting him on the facts relevant to the issue. (5a) presenting him or her on the facts relevant to the issue.
(5a)
Section 6. Cross-examination; its purpose and extent. — Section 6. Cross-examination; its purpose and extent. —
Upon the termination of the direct examination, the Upon the termination of the direct examination, the
witness may be cross-examined by the adverse party witness may be cross-examined by the adverse party
as to many matters stated in the direct examination, or on any relevant matter, with sufficient fullness and
connected therewith, with sufficient fullness and freedom to test his or her accuracy and truthfulness
freedom to test his accuracy and truthfulness and and freedom from interest or bias, or the reverse, and
freedom from interest or bias, or the reverse, and to to elicit all important facts bearing upon the issue. (6a)
elicit all important facts bearing upon the issue. (8a)

Section 7. Re-direct examination; its purpose and Section 7. Re-direct examination; its purpose and
extent. — After the cross-examination of the witness extent. — After the cross-examination of the witness
has been concluded, he may be re-examined by the has been concluded, he or she may be re-examined by
party calling him, to explain or supplement his the party calling him or her, to explain or supplement
answers given during the cross-examination. On re- his or her answers given during the cross-examination.
direct-examination, questions on matters not dealt On re-direct-examination, questions on matters not
with during the cross-examination, may be allowed by dealt with during the cross-examination, may be
the court in its discretion. (12) allowed by the court in its discretion. (7a)

Section 8. Re-cross-examination. — Upon the Section 8. Re-cross-examination. — Upon the

conclusion of the re-direct examination, the adverse conclusion of the re-direct examination, the adverse
party may re-cross-examine the witness on matters party may re-cross-examine the witness on matters
stated in his re-direct examination, and also on such stated in his or her re-direct examination, and also on
other matters as may be allowed by the court in its such other matters as may be allowed by the court in
discretion. (13) its discretion. (8a)
Section 9. Recalling witness. — After the examination
of a witness by both sides has been concluded, the
witness cannot be recalled without leave of the court.
The court will grant or withhold leave in its discretion,
as the interests of justice may require. (14)

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Section 10. Leading and misleading questions. — A Section 10. Leading and misleading questions. — A
question which suggests to the witness the answer question which suggests to the witness the answer
which the examining party desires is a leading which the examining party desires is a leading
question. It is not allowed, except: question. It is not allowed, except:

(a) On cross examination; (a) On cross examination;

(b) On preliminary matters; (b) On preliminary matters;
(c) When there is a difficulty in getting direct and (c) When there is a difficulty in getting direct and
intelligible answers from a witness who is intelligible answers from a witness who is
ignorant, or a child of tender years, or is of feeble ignorant, or a child of tender years, or is of feeble
mind, or a deaf-mute; mind, or a deaf-mute;
(d) Of an unwilling or hostile witness; or (d) Of an unwilling or hostile witness; or
(e) Of a witness who is an adverse party or an officer, (e) Of a witness who is an adverse party or an officer,
director, or managing agent of a public or private director, or managing agent of a public or private
corporation or of a partnership or association corporation or of a partnership or association
which is an adverse party. which is an adverse party.

A misleading question is one which assumes as true a A misleading question is one which assumes as true a
fact not yet testified to by the witness, or contrary to fact not yet testified to by the witness, or contrary to
that which he has previously stated. It is not allowed. that which he or she has previously stated. It is not
(5a, 6a, and 8a) allowed. (10a)
Section 11. Impeachment of adverse party's witness. — Section 11. Impeachment of adverse party's witness. —
A witness may be impeached by the party against A witness may be impeached by the party against
whom he was called, by contradictory evidence, by whom he or she was called, by contradictory evidence,
evidence that his general reputation for truth, by evidence that his or her general reputation for
honestly, or integrity is bad, or by evidence that he has truth, honestly, or integrity is bad, or by evidence that
made at other times statements inconsistent with his he or she has made at other times statements
present, testimony, but not by evidence of particular inconsistent with his or her present, testimony, but not
wrongful acts, except that it may be shown by the by evidence of particular wrongful acts, except that it
examination of the witness, or the record of the may be shown by the examination of the witness, or
judgment, that he has been convicted of an offense. the record of the judgment, that he or she has been
(15) convicted of an offense. (11a)
Section 12. Impeachment by evidence of conviction of
crime. — For the purpose of impeaching a witness,
evidence that he or she has been convicted by final
judgment of a crime shall be admitted if (a) the crime
was punishable by a penalty in excess of one year; or
(b) the crime involved moral turpitude, regardless of
penalty.

However, evidence of a conviction is not admissible if

the conviction has been the subject of an amnesty or
annulment of the conviction. (n)

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Section 12. Party may not impeach his own witness. — Section 13. Party may not impeach his or her own
Except with respect to witnesses referred to in witness. — Except with respect to witnesses referred
paragraphs (d) and (e) of Section 10, the party to in paragraphs (d) and (e) of Section 10 of this Rule,
producing a witness is not allowed to impeach his the party presenting the witness is not allowed to
credibility. impeach his or her credibility.

A witness may be considered as unwilling or hostile A witness may be considered as unwilling or hostile
only if so declared by the court upon adequate only if so declared by the court upon adequate
showing of his adverse interest, unjustified reluctance showing of his or her adverse interest, unjustified
to testify, or his having misled the party into calling reluctance to testify, or his or her having misled the
him to the witness stand. party into calling him or her to the witness stand.

The unwilling or hostile witness so declared, or the The unwilling or hostile witness so declared, or the
witness who is an adverse party, may be impeached by witness who is an adverse party, may be impeached by
the party presenting him in all respects as if he had the party presenting him or her in all respects as if he
been called by the adverse party, except by evidence of or she had been called by the adverse party, except by
his bad character. He may also be impeached and evidence of his or her bad character. He or she may
cross-examined by the adverse party, but such cross- also be impeached and cross-examined by the adverse
examination must only be on the subject matter of his party, but such cross-examination must only be on the
examination-in-chief. (6a, 7a) subject matter of his or her examination-in-chief. (12a)

Section 13. How witness impeached by evidence of Section 14. How witness impeached by evidence of
inconsistent statements. — Before a witness can be inconsistent statements. — Before a witness can be
impeached by evidence that he has made at other impeached by evidence that he or she has made at
times statements inconsistent with his present other times statements inconsistent with his or her
testimony, the statements must be related to him, with present testimony, the statements must be related to
the circumstances of the times and places and the him or her , with the circumstances of the times and
persons present, and he must be asked whether he places and the persons present, and he or she must be
made such statements, and if so, allowed to explain asked whether he or she made such statements, and if
them. If the statements be in writing they must be so, allowed to explain them. If the statements be in
shown to the witness before any question is put to him writing they must be shown to the witness before any
concerning them. (16) question is put to him or her concerning them. (13a)
Section 14. Evidence of good character of witness. — [Section 14. Evidence of good character of witness. —
Evidence of the good character of a witness is not Incorporated in Section 54, Rule 130]
admissible until such character has been impeached.
(17)
Section 15. Exclusion and separation of witnesses. — Section 15. Exclusion and separation of witnesses. —
On any trial or hearing, the judge may exclude from the The court, motu proprio or upon motion, shall order
court any witness not at the time under examination, witnesses excluded so that they cannot hear the
so that he may not hear the testimony of other testimony of other witnesses. This rule does not
witnesses. The judge may also cause witnesses to be authorize exclusion of (a) a party who is a natural
kept separate and to be prevented from conversing person, (b) a duly designated representative of a
with one another until all shall have been examined. juridical entity which is a party to the case, (c) a person
(18) whose presence is essential to the presentation of the
party's cause, or (d) a person authorized by a statute to
be present.

The court may also cause witnesses to be kept

separate and to be prevented from conversing with
one another, directly or through intermediaries, until
all shall have been examined. (15a)

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Section 16. When witness may refer to memorandum. Section 16. When witness may refer to memorandum.
— A witness may be allowed to refresh his memory — A witness may be allowed to refresh his or her
respecting a fact, by anything written or recorded by memory respecting a fact, by anything written or
himself or under his direction at the time when the fact recorded by himself or herself or under his or her
occurred, or immediately thereafter, or at any other direction at the time when the fact occurred, or
time when the fact was fresh in his memory and knew immediately thereafter, or at any other time when the
that the same was correctly written or recorded; but in fact was fresh in his or her memory and knew that the
such case the writing or record must be produced and same was correctly written or recorded; but in such
may be inspected by the adverse party, who may, if he case the writing or record must be produced and may
chooses, cross examine the witness upon it, and may be inspected by the adverse party, who may, if he or
read it in evidence. So, also, a witness may testify from she chooses, cross examine the witness upon it, and
such writing or record, though he retain no may read it in evidence. So, also, a witness may testify
recollection of the particular facts, if he is able to swear from such writing or record, though he or she retain no
that the writing or record correctly stated the recollection of the particular facts, if he or she is able to
transaction when made; but such evidence must be swear that the writing or record correctly stated the
received with caution. (10a) transaction when made; but such evidence must be
received with caution. (16a)
Section 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)
Section 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

Section 19. Classes of Documents. — For the purpose Section 19. Classes of Documents. — For the purpose
of their presentation evidence, documents are either of their presentation evidence, documents are either
public or private. public or private.

Public documents are: Public documents are:

(a) The written official acts, or records of the official (a) The written official acts, or records of the official
acts of the sovereign authority, official bodies and acts of the sovereign authority, official bodies and
tribunals, and public officers, whether of the tribunals, and public officers, whether of the
Philippines, or of a foreign country; Philippines, or of a foreign country;
(b) Documents acknowledge before a notary public (b) Documents acknowledge before a notary public
except last wills and testaments; and except last wills and testaments;
(c) Public records, kept in the Philippines, of private (c) Documents that are considered public documents
documents required by law to the entered therein. under treaties and conventions which are in force
between the Philippines and the country of
All other writings are private. (20a) source; and
(d) Public records, kept in the Philippines, of private
documents required by law to the entered therein.

All other writings are private. (19a)

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Section 20. Proof of private document. — Before any Section 20. Proof of private document. — Before any
private document offered as authentic is received in private document offered as authentic is received in
evidence, its due execution and authenticity must be evidence, its due execution and authenticity must be
proved either: proved by any of the following means:

(a) By anyone who saw the document executed or (a) By anyone who saw the document executed or
written; or written;
(b) By evidence of the genuineness of the signature or (b) By evidence of the genuineness of the signature or
handwriting of the maker. handwriting of the maker; or
(c) By other evidence showing its due execution and
Any other private document need only be identified as authenticity.
that which it is claimed to be. (21a)
Any other private document need only be identified as
that which it is claimed to be. (20)

Section 21. When evidence of authenticity of private

document not necessary. — Where a private document
is more than thirty (30) years old, is produced from
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)
Section 22. How genuineness of handwriting proved. — Section 22. How genuineness of handwriting proved. —
The handwriting of a person may be proved by any The handwriting of a person may be proved by any
witness who believes it to be the handwriting of such witness who believes it to be the handwriting of such
person because he has seen the person write, or has person because he or she has seen the person write, or
seen writing purporting to be his upon which the has seen writing purporting to be his or hers upon
witness has acted or been charged, and has thus which the witness has acted or been charged, and has
acquired knowledge of the handwriting of such person. thus acquired knowledge of the handwriting of such
Evidence respecting the handwriting may also be given person. Evidence respecting the handwriting may also
by a comparison, made by the witness or the court, be given by a comparison, made by the witness or the
with writings admitted or treated as genuine by the court, with writings admitted or treated as genuine by
party against whom the evidence is offered, or proved the party against whom the evidence is offered, or
to be genuine to the satisfaction of the judge. (23a) proved to be genuine to the satisfaction of the judge.
(22)

Section 23. Public documents as evidence. —

Documents consisting of entries in public records
made in the performance of a duty by a public officer
are prima facie evidence of the facts therein stated. All
other public documents are evidence, even against a
third person, of the fact which gave rise to their
execution and of the date of the latter. (24a)
Section 24. Proof of official record. — The record of Section 24. Proof of official record. — The record of
public documents referred to in paragraph (a) of public documents referred to in paragraph (a) of
Section 19, when admissible for any purpose, may be Section 19, when admissible for any purpose, may be
evidenced by an official publication thereof or by a evidenced by an official publication thereof or by a
copy attested by the officer having the legal custody of copy attested by the officer having the legal custody of
the record, or by his deputy, and accompanied, if the the record, or by his or her deputy, and accompanied, if
record is not kept in the Philippines, with a certificate the record is not kept in the Philippines, with a
that such officer has the custody. certificate that such officer has the custody.

If the office in which the record is kept is in foreign If the office in which the record is kept is in a foreign
country, the certificate may be made by a secretary of country, which is a contracting party to a treaty or
the embassy or legation, consul general, consul, vice convention to which the Philippines is also a party, or
consul, or consular agent or by any officer in the considered a public document under such treaty or
foreign service of the Philippines stationed in the convention pursuant to paragraph (c) of Section 19
foreign country in which the record is kept, and hereof, the certificate or its equivalent shall be in the
authenticated by the seal of his office. (25a) form prescribed by such treaty or convention subject
to reciprocity granted to public documents originating
from the Philippines.

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For documents originating from a foreign country
which is not a contracting party to a treaty or
convention referred to in the next preceding sentence,
the certificate may be made by a secretary of the
embassy or legation, consul general, consul, vice
consul, or consular agent or by any officer in the
foreign service of the Philippines stationed in the
foreign country in which the record is kept, and
authenticated by the seal of his or her office.

A document that is accompanied by a certificate or its

equivalent may be presented in evidence without
further proof, the certificate or its equivalent being
prima facie evidence of the due execution and
genuineness of the document involved. The certificate
shall not be required when a treaty or convention
between a foreign country and the Philippines has
abolished the requirement, or has exempted the
document itself from this formality. (24a)

Section 25. What attestation of copy must state. — Section 25. What attestation of copy must state. —
Whenever a copy of a document or record is attested Whenever a copy of a document or record is attested
for the purpose of evidence, the attestation must state, for the purpose of evidence, the attestation must state,
in substance, that the copy is a correct copy of the in substance, that the copy is a correct copy of the
original, or a specific part thereof, as the case may be. original, or a specific part thereof, as the case may be.
The attestation must be under the official seal of the The attestation must be under the official seal of the
attesting officer, if there be any, or if he be the clerk of attesting officer, if there be any, or if he or she be the
a court having a seal, under the seal of such court. clerk of a court having a seal, under the seal of such
(26a) court. (25a)
Section 26. Irremovability of public record. — Any
public record, an official copy of which is admissible in
evidence, must not be removed from the office in
which it is kept, except upon order of a court where the
inspection of the record is essential to the just
determination of a pending case. (27a)
Section 27. Public record of a private document. — An
authorized public record of a private document may be
proved by the original record, or by a copy thereof,
attested by the legal custodian of the record, with an
appropriate certificate that such officer has the
custody. (28a)
Section 28. Proof of lack of record. — A written Section 28. Proof of lack of record. — A written
statement signed by an officer having the custody of an statement signed by an officer having the custody of an
official record or by his deputy that after diligent official record or by his deputy that after diligent
search no record or entry of a specified tenor is found search no record or entry of a specified tenor is found
to exist in the records of his office, accompanied by a to exist in the records of his or her office, accompanied
certificate as above provided, is admissible as evidence by a certificate as above provided, is admissible as
that the records of his office contain no such record or evidence that the records of his or her office contain no
entry. (29) such record or entry. (28a)
Section 29. How judicial record impeached. — Any
judicial record may be impeached by evidence of:
(a) want of jurisdiction in the court or judicial officer,
(b) collusion between the parties, or
(c) fraud in the party offering the record, in respect to
the proceedings. (30a)

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Section 30. Proof of notarial documents. — Every
instrument duly acknowledged or proved and certified
as provided by law, may be presented in evidence
without further proof, the certificate of
acknowledgment being prima facie evidence of the
execution of the instrument or document involved.
(31a)
Section 31. Alteration in document, how to explain. — Section 31. Alteration in document, how to explain. —
The party producing a document as genuine which has The party producing a document as genuine which has
been altered and appears to have been altered after its been altered and appears to have been altered after its
execution, in a part material to the question in dispute, execution, in a part material to the question in dispute,
must account for the alteration. He may show that the must account for the alteration. He or she may show
alteration was made by another, without his that the alteration was made by another, without his or
concurrence, or was made with the consent of the her concurrence, or was made with the consent of the
parties affected by it, or was otherwise properly or parties affected by it, or was otherwise properly or
innocent made, or that the alteration did not change innocent made, or that the alteration did not change
the meaning or language of the instrument. If he fails the meaning or language of the instrument. If he or she
to do that, the document shall not be admissible in fails to do that, the document shall not be admissible in
evidence. (32a) evidence. (31a)
Section 32. Seal. — There shall be no difference
between sealed and unsealed private documents
insofar as their admissibility as evidence is concerned.
(33a)
Section 33. Documentary evidence in an unofficial
language. — Documents written in an unofficial
language shall not be admitted as evidence, unless
accompanied with a translation into English or
Filipino. To avoid interruption of proceedings, parties
or their attorneys are directed to have such translation
prepared before trial. (34a)
C. OFFER AND OBJECTION
Section 34. Offer of evidence. — The court shall
consider no evidence which has not been formally
offered. The purpose for which the evidence is offered
must be specified. (35)
Section 35. When to make offer. — As regards the Section 35. When to make offer. — All evidence must
testimony of a witness, the offer must be made at the be offered orally.
time the witness is called to testify.
The offer of the testimony of a witness in evidence
Documentary and object evidence shall be offered after must be made at the time the witness is called to
the presentation of a party's testimonial evidence. testify.
Such offer shall be done orally unless allowed by the
court to be done in writing. (n) The offer of documentary and object evidence shall be
made after the presentation of a party's testimonial
evidence. (35a)
Section 36. Objection. — Objection to evidence offered Section 36. Objection. — Objection to offer of evidence
orally must be made immediately after the offer is must be made orally immediately after the offer is
made. made.

Objection to a question propounded in the course of Objection to the testimony of a witness for lack of a
the oral examination of a witness shall be made as formal offer must be made as soon as the witness
soon as the grounds therefor shall become reasonably begins to testify. Objection to a question propounded
apparent.An offer of evidence in writing shall be in the course of the oral examination of a witness must
objected to within three (3) days after notice of the be made as soon as the grounds therefor become
unless a different period is allowed by the court. reasonably apparent.

In any case, the grounds for the objections must be The grounds for the objections must be specified. (36a)
specified. (36a)

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Section 37. When repetition of objection unnecessary. Section 37. When repetition of objection unnecessary.
— When it becomes reasonably apparent in the course — When it becomes reasonably apparent in the course
of the examination of a witness that the question being of the examination of a witness that the question being
propounded are of the same class as those to which propounded are of the same class as those to which
objection has been made, whether such objection was objection has been made, whether such objection was
sustained or overruled, it shall not be necessary to sustained or overruled, it shall not be necessary to
repeat the objection, it being sufficient for the adverse repeat the objection, it being sufficient for the adverse
party to record his continuing objection to such class party to record his or her continuing objection to such
of questions. (37a) class of questions. (37a)

Section 38. Ruling. — The ruling of the court must be

given immediately after the objection is made, unless
the court desires to take a reasonable time to inform
itself on the question presented; but the ruling shall
always be made during the trial and at such time as
will give the party against whom it is made an
opportunity to meet the situation presented by the
ruling.

The reason for sustaining or overruling an objection

need not be stated. However, if the objection is based
on two or more grounds, a ruling sustaining the
objection on one or some of them must specify the
ground or grounds relied upon. (38a)

Section 39. Striking out answer. — Should a witness Section 39. Striking out answer. — Should a witness
answer the question before the adverse party had the answer the question before the adverse party had the
opportunity to voice fully its objection to the same, and opportunity to voice fully its objection to the same, or
such objection is found to be meritorious, the court where a question is not objectionable, but the answer
shall sustain the objection and order the answer given is not responsive, or where a witness testifies without
to be stricken off the record.On proper motion, the a question being posed or testifies beyond limits set by
court may also order the striking out of answers which the court, or when the witness does a narration instead
are incompetent, irrelevant, or otherwise improper. of answering the question, and such objection is found
(n) to be meritorious, the court shall sustain the objection
and order such answer, testimony or narration 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. (39a)
Section 40. Tender of excluded evidence. — If
documents or things offered in evidence are excluded
by the court, the offeror may have the same attached to
or made part of the record. If the evidence excluded is
oral, the offeror may state for the record the name and
other personal circumstances of the witness and the
substance of the proposed testimony. (n)

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RULE 133
Weight and Sufficiency of Evidence
Section 1. Preponderance of evidence, how determined. Section 1. Preponderance of evidence, how determined.
— In civil cases, the party having burden of proof must — In civil cases, the party the having burden of proof
establish his case by a preponderance of evidence. In must establish his or her case by a preponderance of
determining where the preponderance or superior evidence. In determining where the preponderance or
weight of evidence on the issues involved lies, the superior weight of evidence on the issues involved lies,
court may consider all the facts and circumstances of the court may consider all the facts and circumstances
the case, the witnesses' manner of testifying, their of the case, the witnesses' manner of testifying, their
intelligence, their means and opportunity of knowing intelligence, their means and opportunity of knowing
the facts to which there are testifying, the nature of the the facts to which there are testifying, the nature of the
facts to which they testify, the probability or facts to which they testify, the probability or
improbability of their testimony, their interest or want improbability of their testimony, their interest or want
of interest, and also their personal credibility so far as of interest, and also their personal credibility so far as
the same may legitimately appear upon the trial. The the same may legitimately appear upon the trial. The
court may also consider the number of witnesses, court may also consider the number of witnesses,
though the preponderance is not necessarily with the though the preponderance is not necessarily with the
greater number. (1a) greater number. (1a)
Section 2. Proof beyond reasonable doubt. — In a Section 2. Proof beyond reasonable doubt. — In a
criminal case, the accused is entitled to an acquittal, criminal case, the accused is entitled to an acquittal,
unless his guilt is shown beyond reasonable doubt. unless his or her guilt is shown beyond reasonable
Proof beyond reasonable doubt does not mean such a doubt. Proof beyond reasonable doubt does not mean
degree of proof, excluding possibility of error, such a degree of proof, excluding possibility of error,
produces absolute certainly. Moral certainly only is produces absolute certainly. Moral certainly only is
required, or that degree of proof which produces required, or that degree of proof which produces
conviction in an unprejudiced mind. (2a) conviction in an unprejudiced mind. (2a)

Section 3. Extrajudicial confession, not sufficient

ground for conviction. — An extrajudicial confession
made by an accused, shall not be sufficient ground for
conviction, unless corroborated by evidence of corpus
delicti. (3)
Section 4. Circumstantial evidence, when sufficient. — Section 4. Circumstantial evidence, when sufficient. —
Circumstantial evidence is sufficient for conviction if: Circumstantial evidence is sufficient for conviction if:

(a) There is more than one circumstances; (a) There is more than one circumstances;
(b) The facts from which the inferences are derived (b) The facts from which the inferences are derived
are proven; and are proven; and
(c) The combination of all the circumstances is such (c) The combination of all the circumstances is such
as to produce a conviction beyond reasonable as to produce a conviction beyond reasonable
doubt. doubt.

Inferences cannot be based on other inferences. (4a)

Section 5. Weight to be given opinion of expert witness,
how determined. — In any case where the opinion of
an expert witness is received in evidence, the court has
a wide latitude of discretion in determining the weight
to be given to such opinion, and for that purpose may
consider the following:

(a) Whether the opinion is based upon sufficient facts

or data;
(b) Whether it is the product of reliable principles
and methods;
(c) Whether the witness has applied the principles
and methods reliably to the facts of the case; and
(d) Such other factors as the court may deem helpful
to make such determination. (n)

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Section 5. Substantial evidence. — In cases filed before Section 6. Substantial evidence. — In cases filed before
administrative or quasi-judicial bodies, a fact may be administrative or quasi-judicial bodies, a fact may be
deemed established if it is supported by substantial deemed established if it is supported by substantial
evidence, or that amount of relevant evidence which a evidence, or that amount of relevant evidence which a
reasonable mind might accept as adequate to justify a reasonable mind might accept as adequate to justify a
conclusion. (n) conclusion. (5)
Section 6. Power of the court to stop further evidence. Section 7. Power of the court to stop further evidence.
— The court may stop the introduction of further — The court may stop the introduction of further
testimony upon any particular point when the testimony upon any particular point when the
evidence upon it is already so full that more witnesses evidence upon it is already so full that more witnesses
to the same point cannot be reasonably expected to be to the same point cannot be reasonably expected to be
additionally persuasive. But this power should be additionally persuasive. This power shall be exercised
exercised with caution. (6) with caution. (6a)

Section 7. Evidence on motion. — When a motion is Section 8. Evidence on motion. — When a motion is
based on facts not appearing of record the court may based on facts not appearing of record the court may
hear the matter on affidavits or depositions presented hear the matter on affidavits or depositions presented
by the respective parties, but the court may direct that by the respective parties, but the court may direct that
the matter be heard wholly or partly on oral testimony the matter be heard wholly or partly on oral testimony
or depositions. (7) or depositions. (7)

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