MODULE 8 - RULES OF ADMISIBILITY (PART IV) – CLJ 5

1. - As a general rule, a witness can testify only to those facts which he knows of his personal knowledge; that is, which are
derived from his own perception.This is also known as the “Testimonial Knowledge Rule." The testimony of a witness must be
based on his personal knowledge.
2. - also called "secondhand evidence is excluded because the party against whom it is presented is deprived of his right and
opportunity to cross-examine the person to whom the statements or writings are attributed.
3. - bars the testimony of a witness who merely recites what someone else has told him, whether orally or in writing.
4. - The declaration of a dying person, made under the consciousness of an impending death, may be received in any case
wherein his death is the subject of inquiry, as evidence of the cause and surrounding circumstances of such death.
5. - The declaration made by a person deceased, or unable to testify, against the interest of the declarant, if the fact is asserted in
the declaration was at the time it was made far contrary to declarant's own interest, that a reasonable man in his position
would not have made the declaration unless he believed it to be true, may be received in evidence against himself or his
successors in interest against third persons.
6. - The act or declaration of a person deceased, or unable to testify, in respect to the pedigree of another person related to him
by birth or marriage, may be received in evidence where it occurred before the controversy, and the relationship between the
two persons is shown by evidence other than such act or declaration.
7. - The word "_____" includes relationship , family genealogy, birth, marriage, death, the dates when and the places where these
facts occurred, and the names of the relatives.
8. - The reputation or tradition existing in a family previous to the controversy, in respect to the pedigree of any one of its
members, may be received in evidence if the witness testifying thereon be also a member of the family, either by
consanguinity or affinity.
9. - Common reputation existing previous to the controversy, respecting facts of public or general interest more than thirty years
old, or respecting marriage or moral character, may be given in evidence.
10. - "Res gestae" is from the Latin meaning "things done." Res gestae refers to the circumstances, facts, and declarations that
grow out of the main fact and serve to illustrate its character and are so spontaneous and contemporaneous with the main fact
as to exclude the idea of deliberation and fabrication. Statements made by a person while a starting occurrence is taking place
or immediately prior or subsequent thereto with respect to the circumstances thereof, may be given in evidence as part of the
res gestae. So, also, statements accompanying an equivocal act material to the issue, and giving it a legal significance, may be
received as part of the res gestae.
11. - Entries made at, or near the time of transactions to which they refer, by a person deceased, or unable to testify who was in a
position to know the facts therein stated, may be received as prima facie evidence, if such person made the entries in his
professional capacity or in the performance of duty and in the ordinary or regular course of business or duty.
12. - Entries in official records made in the performance of his duty by a public officer of the Philippines, or by a person in the
performance of a duty specially enjoined by law, are prima facie evidence of the facts therein stated.
13. - Evidence of statements of matters of interest to persons engaged in an occupation contained in a list, register, periodical, or
other published compilation is admissible as tending to prove the truth of any relevant matter so stated if that compilation is
published for use by persons engaged in that occupation and is generally used and relied upon by them therein.
14. - A published treatise, periodical or pamphlet on subject of history, law, science, or art is admissible as tending to prove the
truth of a matter stated therein if the court takes judicial notice, or a witness expert in the subject testifies, that the writer of
the statement in the treatise, periodical or pamphlet is recognized in his profession or calling as expert in the subject.
15. - The testimony or deposition of a witness deceased or unable to testify, given in a former case or proceeding, judicial or
administrative, involving the same parties and subject matter, may be given in evidence against the adverse party who had the
opportunity to cross-examine him.
16. - the opinion of witness is not admissible, except as indicated in the following sections.
17. - The opinion of a witness a matter requiring special knowledge, skill, experience or training which he shown to possess, may
be received in evidence.
18. - The opinion of a witness for which proper basis is given may be received in evidence regarding---
 MODULE 8 - RULES OF ADMISIBILITY (PART IV) – CLJ 5
19. – Exceptions: (a) In Criminal Cases: (1) The accused may prove his good moral character which is pertinent to the moral trait
involved in the offense charged. (2) Unless in rebuttal, the prosecution may not prove his bad moral character which is
pertinent to the moral trait involved in the offense charged.
(b) In Civil Cases: Evidence of the moral character of a party in civil case is admissible only when pertinent to the issue of
character involved in the case.
(c)In the case provided for in Rule 132, Section 14. (Under the aforesaid provision, evidence of the good character of a witness
is not admissible until such character has been impeached.)
 MODULE 8 - RULES OF ADMISIBILITY (PART IV) – CLJ 5
1. Section 36. Testimony (Generally Confined to Personal Knowledge; Hearsay Excluded)
2. Hearsay evidence
3. hearsay evidence rule
4. Section 37. Dying declaration
5. Section 38. Declaration against interest
6. Section 39. Act or declaration about pedigree
7. Pedigree
8. Section 40. Family reputation or tradition regarding pedigree
9. Section 41. Common reputation
10. Section 42. Part of the Res Gestae
11. Section 43. Entries in the course of business
12. Section 44. Entries in official records
13. Section 45. Commercial lists and the like
14. Section 46. Learned treatises
15. Section 47. Testimony or deposition at a former proceeding
16. Section 48. As a general rule
17. Section 49. Opinion of expert witness
18. Section 50. Opinion of ordinary witnesses
19. Section 51. Character evidence is generally not admissible