A.M. No.

19-08-15-SC Before judgment or on appeal, the court, motu proprio or upon motion,
may take judicial notice of any matter and shall hear the parties thereon if such
2019 PROPOSED AMENDMENTS TO matter is decisive of a material issue in the case. (3a)
THE REVISED RULES ON EVIDENCE
Sec. 4. Judicial admissions. - An admission, oral or written, made by the party in the
course of the proceedings in the same case, does not require proof. The admission
RULE 128 may be contradicted only by showing that it was made through palpable mistake or
GENERAL PROVISIONS that the imputed admission was not, in fact, made. (4a)

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) RULE 130
RULES OF ADMISSIBILITY
Sec. 2. Scope. – The rules of evidence shall be the same in all courts and in all trials
and hearings, except as otherwise provided by law or these rules. (2) A. OBJECT (REAL) EVIDENCE

Sec. 3. Admissibility of evidence. – Evidence is admissible when it is relevant to the Section 1. Object as evidence. – Objects as evidence are those addressed to the
issue and not excluded by the Constitution, the law or these Rules. (3a) 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. (1)
Sec. 4. Relevancy; collateral matters. – Evidence must have such a relation to the
fact in issue as to induce belief in its existence or non-existence. Evidence on
collateral matters shall not be allowed, except when it tends in any reasonable B. DOCUMENTARY EVIDENCE
degree to establish the probability or improbability of the fact in issue. (4)
Sec. 2. Documentary evidence. - Documents as evidence consist of writings,
RULE 129 recordings, photographs or any material containing letters, words, sounds,
WHAT NEED NOT BE PROVED numbers, figures, symbols, or their equivalent, or other modes of written
expression offered as proof of their contents. Photographs include still pictures,
Section 1. Judicial notice, when mandatory. - A court shall take judicial notice, drawings, stored images, x-ray films, motion pictures or videos. (2a)
without the introduction of evidence, of the existence and territorial extent of
states, their political history, forms of government and symbols of nationality, the 1. Original Document Rule
law of nations, the admiralty and maritime courts of the world and their seals, the
political constitution and history of the Philippines, official acts of the legislative, Sec. 3. Original document must be produced; exceptions. - When the subject of
executive and judicial departments of the National Government of the Philippines, inquiry is the contents of a document, writing, recording, photograph or other
the laws of nature, the measure of time, and the geographical divisions. (1a) record, no evidence is admissible other than the original document itself, except in
the following cases:
Sec. 2. Judicial notice, when discretionary. – A court may take judicial notice of
matters which are of public knowledge, or are capable of unquestionable (a) When the original is lost or destroyed, or cannot be produced in court, without
demonstration, or ought to be known to judges because of their judicial functions. bad faith on the part of the offeror;
(2)
(b) When the original is in the custody or under the control of the party against
Sec. 3. Judicial notice, when hearing necessary. – During the pre-trial and the trial, whom the evidence is offered, and the latter fails to produce it after reasonable
the court, motu proprio or upon motion, shall hear the parties on the propriety of notice, or the original cannot be obtained by local judicial processes or procedures;
taking judicial notice of any matter.
 (c) When the original consists of numerous accounts or other documents which whole, the contents of such evidence may be presented in the form of a chart,
cannot be examined in court without great loss of time and the fact sought to be summary, or calculation.
established from them is only the general result of the whole;
The originals shall be available for examination or copying, or both, by the
(d) When the original is a public record in the custody of a public officer or is adverse party at a reasonable time and place. The court may order that they be
recorded in a public office; and produced in court. (n)

(e) When the original is not closely-related to a controlling issue. (3a) Sec. 8. Evidence admissible when original document is a public record. — When the
original of a document is in the custody of a public officer or is recorded in a public
Sec. 4. Original of document. — office, its contents may be proved by a certified copy issued by the public officer in
custody thereof. (7)
(a) An “original” of a document is the document itself or any counterpart intended
to have the same effect by a person executing or issuing it. An “original” of a Sec. 9. Party who calls for document not bound to offer it. — A party who calls for
photograph includes the negative or any print therefrom. If data is stored in a the production of a document and inspects the same is not obliged to offer it as
computer or similar device, any printout or other output readable by sight or other evidence. (8)
means, shown to reflect the data accurately, is an “original.”
3. Parol Evidence Rule
(b) A “duplicate” is a counterpart produced by the same impression as the
original, or from the same matrix, or by means of photography, including Sec. 10. Evidence of written agreements. — When the terms of an agreement have
enlargements and miniatures, or by mechanical or electronic re-recording, or by been reduced to writing, it is considered as containing all the terms agreed upon
chemical reproduction, or by other equivalent techniques which accurately and there can be, as between the parties and their successors in interest, no
reproduce the original. evidence of such terms other than the contents of the written agreement.

(c) A duplicate is admissible to the same extent as an original unless (1) a genuine However, a party may present evidence to modify, explain or add to the terms of
question is raised as to the authenticity of the original, or (2) in the circumstances, it the
is unjust or inequitable to admit the duplicate in lieu of the original. (4a) written agreement if he or she puts in issue in a verified pleading:

2. Secondary Evidence (a) An intrinsic ambiguity, mistake or imperfection in the written agreement;

Sec. 5. When original document is unavailable. – When the original document has (b) The failure of the written agreement to express the true intent and agreement
been lost or destroyed, or cannot be produced in court, the offeror, upon proof of of the parties thereto;
its execution or existence and the cause of its unavailability without bad faith on his
or her part, may prove its contents by a copy, or by recital of its contents in some (c) The validity of the written agreement; or
authentic document, or by the testimony of witnesses in the order stated. (5a)
(d) The existence of other terms agreed to by the parties or their successors in
Sec. 6. When original document is in adverse party's custody or control. – If the interest after the execution of the written agreement.
document is in the custody or under the control of the adverse party, he or she
must have reasonable notice to produce it. If after such notice and after satisfactory The term "agreement" includes wills. (9a)
proof of its existence, he or she fails to produce the document, secondary evidence
may be presented as in the case of its loss. (6a) 4. Interpretation of Documents

Sec. 7. Summaries. – When the contents of documents, records, photographs, or Sec. 11. Interpretation of a writing according to its legal meaning. — The language
numerous accounts are voluminous and cannot be examined in court without great of a writing is to be interpreted according to the legal meaning it bears in the place
loss of time, and the fact sought to be established is only the general result of the of its execution, unless the parties intended otherwise. (10)
 Sec. 20. Interpretation according to usage. – An instrument may be construed
Sec. 12. Instrument construed so as to give effect to all provisions. — In the according to usage, in order to determine its true character. (19)
construction of an instrument, where there are several provisions or particulars, C. TESTIMONIAL EVIDENCE
such a construction is, if possible, to be adopted as will give effect to all. (11)
1. Qualification of Witnesses
Sec. 13. Interpretation according to intention; general and particular provisions. —
In the construction of an instrument, the intention of the parties is to be pursued; Sec. 21. Witnesses; their qualifications. – All persons who can perceive, and
and when a general and a particular provision are inconsistent, the latter is perceiving, can make known their perception to others, may be witnesses. (20a)
paramount to the former. So a particular intent will control a general one that is
inconsistent with it. (12) Religious or political belief, interest in the outcome of the case, or
conviction of a crime, unless otherwise provided by law, shall not be a ground for
Sec. 14. Interpretation according to circumstances. — For the proper construction disqualification. (20)
of an instrument, the circumstances under which it was made, including the
situation of the subject thereof and of the parties to it, may be shown, so that the [Section 21. Disqualification by reason of mental incapacity or immaturity.
judge may be placed in the position of those whose language he or she is to (Deleted)]
interpret. (13a)
Sec. 22. Testimony confined to personal knowledge. – A witness can testify only to
Sec. 15. Peculiar signification of terms. — The terms of a writing are presumed to those facts which he or she knows of his or her personal knowledge; that is, which
have been used in their primary and general acceptation, but evidence is admissible are derived from his or her own perception. (36a)
to show that they have a local, technical, or otherwise peculiar signification, and
were so used and understood in the particular instance, in which case the Sec. 23. Disqualification by reason of marriage. – During their marriage, the
agreement must be construed accordingly. (14) husband or the wife cannot testify against the other without the consent of the
affected spouse, except in a civil case by one against the other, or in a criminal case
Sec. 16. Written words control printed. — When an instrument consists partly of for a crime committed by one against the other or the latter’s direct descendants or
written words and partly of a printed form, and the two are inconsistent, the former ascendants. (22a)
controls the latter. (15)
Sec. 24. Disqualification by reason of privileged communications. – The following
Sec. 17. Experts and interpreters to be used in explaining certain writings. — When persons cannot testify as to matters learned in confidence in the following cases:
the characters in which an instrument is written are difficult to be deciphered, or
the language is not understood by the court, the evidence of persons skilled in (a) The husband or the wife, during or after the marriage, cannot be examined
deciphering the characters, or who understand the language, is admissible to without the consent of the other as to any communication received in confidence
declare the characters or the meaning of the language. (16) by one from the other during the marriage except in a civil case by one against the
other, or in a criminal case for a crime committed by one against the other or the
Sec. 18. Of two constructions, which preferred. — When the terms of an agreement latter’s direct descendants or ascendants.
have been intended in a different sense by the different parties to it, that sense is to
prevail against either party in which he or she supposed the other understood it, (b) An attorney or person reasonably believed by the client to be licensed to
and when different constructions of a provision are otherwise equally proper, that engage in the practice of law cannot, without the consent of the client, be
is to be taken which is the most favorable to the party in whose favor the provision examined as to any communication made by the client to him or her, or his or her
was made. (17a) advice given thereon in the course of, or with a view to, professional employment,
nor can an attorney’s secretary, stenographer, or clerk, or other persons assisting
Sec. 19. Construction in favor of natural right. — When an instrument is equally the attorney be examined without the consent of the client and his or her
susceptible of two interpretations, one in favor of natural right and the other employer, concerning any fact the knowledge of which has been acquired in such
against it, the former is to be adopted. (18) capacity, except in the following cases:
 (i) Furtherance of crime or fraud. If the services or advice of the lawyer character, in the course of discipline enjoined by the church to which the minister
were sought or obtained to enable or aid anyone to commit or plan to or priest belongs.
commit what the client knew or reasonably should have known to be a
crime or fraud; (e) A public officer cannot be examined during or after his or her tenure as to
communications made to him or her in official confidence, when the court finds that
(ii) Claimants through same deceased client. As to a communication the public interest would suffer by the disclosure.
relevant to an issue between parties who claim through the same
deceased client, regardless of whether the claims are by testate or The communication shall remain privileged, even in the hands of a third person who
intestate or by inter vivos transaction; may have obtained the information, provided that the original parties to the
communication took reasonable precaution to protect its confidentiality. (24a)
(iii) Breach of duty by lawyer or client. As to a communication relevant to an
issue of breach of duty by the lawyer to his or her client, or by the client 2. Testimonial Privilege
to his or her lawyer;
Sec. 25. Parental and filial privilege. – No person shall be compelled to testify
(iv) Document attested by the lawyer. As to a communication relevant to an against his or her parents, other direct ascendants, children or other direct
issue concerning an attested document to which the lawyer is an descendants, except when such testimony is indispensable in a crime against that
attesting witness; or person or by one parent against the other. (25a)

(v) Joint clients. As to a communication relevant to a matter of common Sec. 26. Privilege relating to trade secrets. – A person cannot be compelled t testify
interest between two or more clients if the communication was made about any trade secret, unless the non-disclosure will conceal fraud or otherwise
by any of them to a lawyer retained or consulted in common, when work injustice. When disclosure is directed, the court shall take such protective
offered in an action between any of the clients, unless they have measure as the interest of the owner of the trade secret and of the parties and the
expressly agreed otherwise. furtherance of justice may require. (n)

(c) A physician, psychotherapist or person reasonably believed by the patient to be 3. Admissions and Confessions
authorized to practice medicine or psychotherapy cannot in a civil case, without the
consent of the patient, be examined as to any confidential communication made for Sec. 27. Admission of a party. – The act, declaration or omission of a party as to a
the purpose of diagnosis or treatment of the patient’s physical, mental or emotional relevant fact may be given in evidence against him or her. (26a)
condition, including alcohol or drug addiction, between the patient and his or her
physician or psychotherapist. This privilege also applies to persons, including Sec. 28. Offer of compromise not admissible. – In civil cases, an offer of compromise
members of the patient’s family, who have participated in the diagnosis or is not an admission of any liability, and is not admissible in evidence against the
treatment of the patient under the direction of the physician or psychotherapist. offeror. Neither is evidence of conduct nor statements made in compromise
negotiations admissible, except evidence otherwise discoverable or offered for
A “psychotherapist” is: another purpose, such as proving bias or prejudice of a witness, negativing a
contention of undue delay, or proving an effort to obstruct a criminal investigation
(a) A person licensed to practice medicine engaged in the diagnosis or or prosecution.
treatment of a mental or emotional condition, or
In criminal cases, except those involving quasi-offenses (criminal
(b) A person licensed as a psychologist by the government while similarly negligence or those allowed by law to be compromised, an offer of compromise by
engaged. the accused may be received in evidence as an implied admission of guilt.

(d) A minister, priest or person reasonably believed to be so cannot, without the A plea of guilty later withdrawn or an unaccepted offer of a plea of guilty
consent of the affected person, be examined as to any communication or to a lesser offense is not admissible in evidence against the accused who made the
confession made to or any advice given by him or her, in his or her professional 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. Sec. 36. Unaccepted offer. – An offer in writing to pay a particular sum of money or
to deliver a written instrument or specific personal property is, if rejected without
An offer to pay, or the payment of medical, hospital or other expenses valid cause, equivalent to the actual production and tender of the money,
occasioned by an injury, is not admissible in evidence as proof of civil or criminal instrument, or property. (35)
liability for the injury. (27a)
[Sec. 36. Testimony generally confined to personal knowledge; hearsay excluded.
Sec. 29. Admission by third party. – The rights of a party cannot be prejudiced by an (Transposed to Sec. 22. Testimony confined to personal knowledge.)]
act, declaration, or omission of another, except as hereinafter provided. (28)
5. Hearsay
Sec. 30. Admission by co-partner or agent. – The act or declaration of a partner or
agent authorized by the party to make a statement concerning the subject, or Sec. 37. Hearsay. – Hearsay is a statement other than one made by the declarant
within the scope of his or her authority, and during the existence of the partnership while testifying at a trial or hearing, offered to prove the truth of the facts asserted
or agency, may be given in evidence against such party after the partnership or therein. A statement is (1) an oral or written assertion or (2) a non-verbal conduct
agency is shown by evidence other than such act or declaration. The same rule of a person, if it is intended by him or her as an assertion. Hearsay evidence is
applies to the act or declaration of a joint owner, joint debtor, or other person inadmissible except as otherwise provided in these Rules.
jointly interested with the party. (29a)
A statement is not hearsay if the declarant testifies at the trial or hearing
Sec. 31. Admission by conspirator. – The act or declaration of a conspirator in and is subject to cross-examination concerning the statement, and the statement is
furtherance of the conspiracy and during its existence may be given in evidence (a) inconsistent with the declarant’s testimony, and was given under oath subject to
against the co-conspirator after the conspiracy is shown by evidence other than the penalty of perjury at a trial, hearing, or other proceeding, or in a deposition; (b)
such act of declaration. (30a) 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
Sec. 32. Admission by privies. – Where one derives title to property from another, motive; or (c) one of identification of a person made after perceiving him or her. (n)
the latter’s act, declaration, or omission, in relation to the property, is evidence
against the former if done while the latter was holding the title. (31a) 6. Exceptions To The Hearsay Rule

Sec. 33. Admission by silence. – An act or declaration made in the presence and Sec. 38. Dying declaration. – The declaration of a dying person, made under the
within the hearing or observation of a party who does or says nothing when the act consciousness of an impending death, may be received in any case wherein his or
or declaration is such as naturally to call for action or comment if not true, and her death is the subject of inquiry, as evidence of the cause and surrounding
when proper and possible for him or her to do so, may be given in evidence against circumstances of such death. (37a)
him or her. (32a)
Sec. 39. Statement of decedent or person of unsound mind. – In an action against
Sec. 34. Confession. – The declaration of an accused acknowledging his or her guilt an executor or administrator or other representative of a deceased person, or
of the offense charged, or of any offense necessarily included therein, may be given against a person of unsound mind, upon a claim or demand against the estate of
in evidence against him or her. (33a) 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
4. Previous Conduct As Evidence 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
Sec. 35. Similar acts as evidence. – Evidence that one did or did not do a certain unsound mind, may be received in evidence if the statement was made upon the
thing at one time is not admissible to prove that he or she did or did not do the personal knowledge of the deceased or the person of unsound mind at a time when
same or similar thing at another time; but it may be received to prove a specific the matter had been recently perceived by him or her and while his or her
intent or knowledge, identity, plan, system, scheme, habit, custom or usage, and recollection was clear. Such statement, however, is inadmissible if made under
the like. (34a) circumstances indicating its lack of trustworthiness. (23a)
 Sec. 45. Records of regularly conducted business activity. – A memorandum, report,
Sec. 40. Declaration against interest. – The declaration made by a person deceased record or data compilation of acts, events, conditions, opinions, or diagnoses, made
or unable to testify against the interest of the declarant, if the fact asserted in the by writing, typing, electronic, optical or other similar means at or near the time of
declaration was at the time it was made so far contrary to the declarant's own or from transmission or supply of information by a person with knowledge thereof,
interest that a reasonable person in his or her position would not have made the and kept in the regular course or conduct of a business activity, and such was the
declaration unless he or she believed it to be true, may be received in evidence regular practice to make the memorandum, report, record, or data compilation by
against himself or herself or his or her successors in interest and against third electronic, optical or similar means, all of which are shown by the testimony of the
persons. A statement tending to expose the declarant to criminal liability and custodian or other qualified witnesses, is excepted from the rule on hearsay
offered to exculpate the accused is not admissible unless corroborating evidence. (43a)
circumstances clearly indicate the trustworthiness of the statement. (38a)
Sec. 46. Entries in official records. – Entries in official records made in the
Sec. 41. Act or declaration about pedigree. – The act or declaration of a person performance of his or her duty by a public officer of the Philippines, or by a person
deceased or unable to testify, in respect to the pedigree of another person related in the performance of a duty specially enjoined by law, are prima facie evidence of
to him or her by birth, adoption, or marriage or, in the absence thereof, with whose the facts therein stated. (44a)
family he or she was so intimately associated as to be likely to have accurate
information concerning his or her pedigree, may be received in evidence where it Sec. 47. Commercial lists and the like. – Evidence of statements of matters of
occurred before the controversy, and the relationship between the two persons is interest to persons engaged in an occupation contained in a list, register, periodical,
shown by evidence other than such act or declaration. The word "pedigree" or other published compilation is admissible as tending to prove the truth of any
includes relationship, family genealogy, birth, marriage, death, the dates when and relevant matter so stated if that compilation is published for use by persons
the places where these facts occurred, and the names of the relatives. It embraces engaged in that occupation and is generally used and relied upon by them therein.
also facts of family history intimately connected with pedigree. (39a) (45)

Sec. 42. Family reputation or tradition regarding pedigree. — The reputation or Sec. 48. Learned treatises. – A published treatise, periodical or pamphlet on a
tradition existing in a family previous to the controversy, in respect to the pedigree subject of history, law, science, or art is admissible as tending to prove the truth of a
of any one of its members, may be received in evidence if the witness testifying matter stated therein if the court takes judicial notice, or a witness expert in the
thereon be also a member of the family, either by consanguinity, affinity, or subject testifies, that the writer of the statement in the treatise, periodical or
adoption. Entries in family bibles or other family books or charts, engraving on pamphlet is recognized in his or her profession or calling as expert in the subject.
rings, family portraits and the like, may be received as evidence of pedigree. (40a) (46a)

Sec. 43. Common reputation. — Common reputation existing previous to the Sec. 49. Testimony or deposition at a former proceeding. – The testimony or
controversy, as to boundaries of or customs affecting lands in the community and deposition of a witness deceased or out of the Philippines or who cannot, with due
reputation as to events of general history important to the community, or diligence, be found therein, or is unavailable or otherwise unable to testify, given in
respecting marriage or moral character, may be given in evidence. Monuments and a former case or proceeding, judicial or administrative, involving the same parties
inscriptions in public places may be received as evidence of common reputation. and subject matter, may be given in evidence against the adverse party who had the
(41a) opportunity to cross-examine him or her. (47a)

Sec. 44. Part of the res gestae. — Statements made by a person while a startling Sec. 50. Residual exception. – A statement not specifically covered by any of the
occurrence is taking place or immediately prior or subsequent thereto, under the foregoing exceptions, having equivalent circumstantial guarantees of
stress of excitement caused by the occurrence with respect to the circumstances trustworthiness, is admissible if the court determines that (a) the statement is
thereof, may be given in evidence as part of the res gestae. So, also, statements offered as evidence of a material fact; (b) the statement is more probative on the
accompanying an equivocal act material to the issue, and giving it a legal point for which it is offered than any other evidence which the proponent can
significance, may be received as part of the res gestae. (42a) procure through reasonable efforts; and (c) the general purposes of these rules and
the interests of justice will be best served by admission of the statement into
evidence. However, a statement may not be admitted under this exception unless
the proponent makes known to the adverse party, sufficiently in advance of the
hearing, or by the pre-trial stage in the case of a trial of the main case, to provide (b) In Civil Cases:
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 Evidence of the moral character of a party in a civil case is admissible only
address of the declarant. (n) when pertinent to the issue of character involved in the case.

(c) In Criminal and Civil Cases:

s
7. Opinion Rule Evidence of the good character of a witness is not admissible until such
character has been impeached.
Sec. 51. General rule. – The opinion of a witness is not admissible, except a
indicated in the following sections. (48) 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
Sec. 52. Opinion of expert witness. – The opinion of a witness on a matter requiring form of an opinion. On cross-examination, inquiry is allowable into relevant specific
special knowledge, skill, experience, training or education, which he or she is shown instances of conduct.
to possess, may be received in evidence. (49a)
In cases in which character or a trait of character of a person is an essential
Sec. 53. Opinion of ordinary witnesses. – The opinion of a witness, for which proper element of a charge, claim or defense, proof may also be made of specific instances
basis is given, may be received in evidence regarding – of that person’s conduct. (51a; 14, Rule 132)

(a) The identity of a person about whom he or she has adequate knowledge; RULE 131
BURDEN OF PROOF, BURDEN OF EVIDENCE AND PRESUMPTIONS
(b) A handwriting with which he or she has sufficient familiarity; and
Section 1. Burden of proof and burden of evidence. – Burden of proof is the duty of
(c) The mental sanity of a person with whom he or she is sufficiently acquainted. a party to present evidence on the facts in issue necessary to establish his or her
claim or defense by the amount of evidence required by law. Burden of proof never
The witness may also testify on his or her impressions of the emotion, behavior, shifts.
condition or appearance of a person. (50a)
Burden of evidence is the duty of a party to present evidence sufficient to
8. Character Evidence 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
Sec. 54. Character evidence not generally admissible; exceptions. – Evidence of a on the exigencies of the case. (1a)
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: Sec. 2. Conclusive presumptions. – The following are instances of conclusive
presumptions:
(a) In Criminal Cases:
(a) Whenever a party has, by his or her own declaration, act, or omission,
(1) The character of the offended party may be proved if it tends to establish in intentionally and deliberately led another to believe a particular thing true,
any reasonable degree the probability or improbability of the offense and to act upon such belief, he or she cannot, in any litigation arising out of
charged. such declaration, act or omission, be permitted to falsify it; and

(2) The accused may prove his or her good moral character, pertinent to the (b) The tenant is not permitted to deny the title of his or her landlord at the time
moral trait involved in the offense charged. However, the prosecution may of the commencement of the relation of landlord and tenant between them.
not prove his or her bad moral character unless on rebuttal. (2a)
 (p) That private transactions have been fair and regular;
Sec. 3. Disputable presumptions. — The following presumptions are satisfactory if
uncontradicted, but may be contradicted and overcome by other evidence: (q) That the ordinary course of business has been followed;

(a) That a person is innocent of crime or wrong; (r) That there was a sufficient consideration for a contract;

(b) That an unlawful act was done with an unlawful intent; (s) That a negotiable instrument was given or indorsed for a sufficient
consideration;
(c) That a person intends the ordinary consequences of his or her voluntary act;
(t) That an indorsement of a negotiable instrument was made before the
(d) That a person takes ordinary care of his or her concerns; instrument was overdue and at the place where the instrument is dated;

(e) That evidence willfully suppressed would be adverse if produced; (u) That a writing is truly dated;

(f) That money paid by one to another was due to the latter; (v) That a letter duly directed and mailed was received in the regular course of
the mail;
(g) That a thing delivered by one to another belonged to the latter;
(w) That after an absence of seven years, it being unknown whether or not the
(h) That an obligation delivered up to the debtor has been paid; absentee still lives, he or she is considered dead for all purposes, except for
those of succession.
(i) That prior rents or installments had been paid when a receipt for the later
one is produced; The absentee shall not be considered dead for the purpose of opening his or
her succession until after an absence of ten years. If he or she disappeared
(j) That a person found in possession of a thing taken in the doing of a recent after the age of seventy-five years, an absence of five years shall be sufficient
wrongful act is the taker and the doer of the whole act; otherwise, that things in order that his or her succession may be opened.
which a person possesses, or exercises acts of ownership over, are owned by
him or her; The following shall be considered dead for all purposes including the division
of the estate among the heirs:
(k) That a person in possession of an order on himself or herself for the payment
of the money, or the delivery of anything, has paid the money or delivered (1) A person on board a vessel lost during a sea voyage, or an aircraft which is
the thing accordingly; missing, who has not been heard of for four years since the loss of the
vessel or aircraft;
(l) That a person acting in a public office was regularly appointed or elected to it;
(2) A member of the armed forces who has taken part in armed hostilities,
(m) That official duty has been regularly performed; and has been missing for four years;

(n) That a court, or judge acting as such, whether in the Philippines or elsewhere, (3) A person who has been in danger of death under other circumstances and
was acting in the lawful exercise of jurisdiction; whose existence has not been known for four years; and

(o) That all the matters within an issue raised in a case were laid before the court (4) If a married person has been absent for four consecutive years, the
and passed upon by it; and in like manner that all matters within an issue spouse present may contract a subsequent marriage if he or she has a
raised in a dispute submitted for arbitration were laid before the arbitrators well-founded belief that the absent spouse is already dead. In case of
and passed upon by them; disappearance, where there is a danger of death, the circumstances
hereinabove provided, an absence of only two years shall be sufficient for
 the purpose of contracting a subsequent marriage. However, in any case, (ee) That a thing once proved to exist continues as long as is usual with things of
before marrying again, the spouse present must institute summary that nature;
proceedings as provided in the Family Code and in the rules for
declaration of presumptive death of the absentee, without prejudice to (ff) That the law has been obeyed;
the effect of reappearance of the absent spouse;
(gg) That a printed or published book, purporting to be printed or published by
(x) That acquiescence resulted from a belief that the thing acquiesced in was public authority, was so printed or published;
conformable to the law or fact;
(hh) That a printed or published book, purporting to contain reports of cases
(y) hat things have happened according to the ordinary course of nature and adjudged in tribunals of the country where the book is published, contains
ordinary nature habits of life; correct reports of such cases;

(z) That persons acting as copartners have entered into a contract of co- (ii) That a trustee or other person whose duty it was to convey real property to a
partnership; particular person has actually conveyed it to him or her when such
presumption is necessary to perfect the title of such person or his or her
(aa) That a man and woman deporting themselves as husband and wife have successor in interest;
entered into a lawful contract of marriage;
(jj) That except for purposes of succession, when two persons perish in the same
(bb) That property acquired by a man and a woman who are capacitated to marry calamity, such as wreck, battle, or conflagration, and it is not shown who died
each other and who live exclusively with each other as husband and wife, first, and there are no particular circumstances from which it can be inferred,
without the benefit of marriage or under a void marriage, has been obtained the survivorship is determined from the probabilities resulting from the
by their joint efforts, work or industry; strength and the age of the sexes, according to the following rules:

(cc) That in cases of cohabitation by a man and a woman who are not capacitated 1. If both were under the age of fifteen years, the older is deemed to
to marry each other and who have acquired property through their actual have survived;
joint contribution of money, property or industry, such contributions and
their corresponding shares, including joint deposits of money and evidences 2. If both were above the age of sixty, the younger is deemed to have
of credit, are equal; survived;

(dd) That if the marriage is terminated and the mother contracted another 3. If one is under fifteen and the other above sixty, the former is deemed
marriage within three hundred days after such termination of the former to have survived;
marriage, these rules shall govern in the absence of proof to the contrary:
4. If both be over fifteen and under sixty, and the sex be different, the
(1) A child born before one hundred eighty (180) days after the solemnization male is deemed to have survived, if the sex be the same, the older; and
of the subsequent marriage is considered to have been conceived during
such marriage, even though it be born within the three hundred days 5. If one be under fifteen or over sixty, and the other between those
after the termination of the former marriage; and ages, the latter is deemed to have survived;

(2) A child born after one hundred eighty (180) days following the celebration (kk) That if there is a doubt, as between two or more persons who are called to
of the subsequent marriage is considered to have been conceived during succeed each other, as to which of them died first, whoever alleges the death
such marriage, even though it be born within the three hundred days of one prior to the other, shall prove the same; in the absence of proof, they
after the termination of the former marriage; shall be considered to have died at the same time. (3a)
Sec. 4. No presumption of legitimacy or illegitimacy. – There is no presumption of harsh or insulting demeanor;
legitimacy or illegitimacy of a child born after three hundred days following the
dissolution of the marriage or the separation of the spouses. Whoever alleges the (2) Not to be detained longer than the interests of justice require;
legitimacy or illegitimacy of such child must prove his or her allegation. (4a)
(3) Not to be examined except only as to matters pertinent to the issue;
Sec. 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 (4) Not to give an answer which will tend to subject him or her to a penalty for
imposes on the party against whom it is directed the burden of going forward with an offense unless otherwise provided by law; or
evidence to rebut or meet the presumption.
(5) Not to give an answer which will tend to degrade his or her reputation, unless
If presumptions are inconsistent, the presumption that is founded upon it be to the very fact at issue or to a fact from which the fact in issue would be
weightier considerations of policy shall apply. If considerations of policy are of equal presumed. But a witness must answer to the fact of his or her previous final
weight, neither presumption applies. (n) conviction for an offense. (3a)

Sec. 6. Presumption against an accused in criminal cases. – If a presumed fact that Sec. 4. Order in the examination of an individual witness. – The order in which an
establishes guilt, is an element of the offense charged, or negates a defense, the individual witness may be examined is as follows:
existence of the basic fact must be proved beyond reasonable doubt and the
presumed fact follows from the basic fact beyond reasonable doubt. (n) (a) Direct examination by the proponent;

RULE 132 (b) Cross-examination by the opponent;

PRESENTATION OF EVIDENCE
(c) Re-direct examination by the proponent;
A. EXAMINATION OF WITNESSES
(d) Re-cross examination by the opponent. (4)
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 Sec. 5. Direct examination. – Direct examination is the examination-in-chief of a
affirmation. Unless the witness is incapacitated to speak, or the question calls for a witness by the party presenting him or her on the facts relevant to the issue. (5a)
different mode of answer, the answers of the witness shall be given orally. (1)
Sec. 6. Cross-examination; its purpose and extent. – Upon the termination of the
Sec. 2. Proceedings to be recorded. – The entire proceedings of a trial or hearing, direct examination, the witness may be cross-examined by the adverse party on any
including the questions propounded to a witness and his or her answers thereto, relevant matter, with sufficient fullness and freedom to test his or her accuracy and
and the statements made by the judge or any of the parties, counsel, or witnesses truthfulness and freedom from interest or bias, or the reverse, and to elicit all
with reference to the case, shall be recorded by means of shorthand or stenotype important facts bearing upon the issue. (6a)
or by other means of recording found suitable by the court.
Sec. 7. Re-direct examination; its purpose and extent. – After the cross-examination
A transcript of the record of the proceedings made by the official of the witness has been concluded, he or she may be re-examined by the party
stenographer, stenotypist or recorder and certified as correct by him or her, shall be calling him or her to explain or supplement his or her answers given during the
deemed prima facie a correct statement of such proceedings. (2a) cross-examination. On re-direct examination, questions on matters not dealt with
during the cross-examination may be allowed by the court in its discretion. (7a)
Sec. 3. Rights and obligations of a witness. – A witness must answer questions,
although his or her answer may tend to establish a claim against him or her. Sec. 8. Re-cross examination. – Upon the conclusion of the re-direct examination,
However, it is the right of a witness: the adverse party may re-cross-examine the witness on matters stated in his or her
re-direct examination, and also on such other matters as may be allowed by the
(1) To be protected from irrelevant, improper, or insulting questions, and from court in its discretion. (8a)
 Sec. 13. Party may not impeach his or her own witness. – Except with respect to
Sec. 9. Recalling witness. – After the examination of a witness by both sides has witnesses referred to in paragraphs (d) and (e) of Section 10 of this Rule, the party
been concluded, the witness cannot be recalled without leave of the court. The presenting the witness is not allowed to impeach his or her credibility.
court will grant or withhold leave in its discretion, as the interests of justice may
require. (9) A witness may be considered as unwilling or hostile only if so declared by
the court upon adequate showing of his or her adverse interest, unjustified
Sec. 10. Leading and misleading questions. – A question which suggests to the reluctance to testify, or his or her having misled the party into calling him or her to
witness the answer which the examining party desires is a leading question. It is not the witness stand.
allowed, except:
The unwilling or hostile witness so declared, or the witness who is an
(a) On cross-examination; adverse party, may be impeached by the party presenting him or her in all respects
as if he or she had been called by the adverse party, except by evidence of his or her
(b) On preliminary matters; bad character. He or she may also be impeached and cross-examined by the
adverse party, but such cross-examination must only be on the subject matter of his
(c) When there is difficulty in getting direct and intelligible answers from a or her examination-in-chief. (12a)
witness who is ignorant, a child of tender years, is of feeble mind, or a deaf-
mute; Sec. 14. How witness impeached by evidence of inconsistent statements. — Before
a witness can be impeached by evidence that he or she has made at other times
(d) Of an unwilling or hostile witness; or statements inconsistent with his or her present testimony, the statements must be
related to him or her, with the circumstances of the times and places and the
(e) Of a witness who is an adverse party or an officer, director, or managing persons present, and he or she must be asked whether he or she made such
agent of a public or private corporation, or of a partnership or association statements, and if so, allowed to explain them. If the statements be in writing, they
which is an adverse party. must be shown to the witness before any question is put to him or her concerning
them. (13a)
A misleading question is one which assumes as true a fact not yet testified to
by the witness, or contrary to that which he or she has previously stated. It is not [Sec. 14. Evidence of good character of witness. – (Incorporated in Section 54, Rule
allowed. (10a) 130)]

Sec. 11. Impeachment of adverse party’s witness. – A witness may be impeached by Sec. 15. Exclusion and separation of witnesses. – The court, motu proprio or upon
the party against whom he or she was called, by contradictory evidence, by motion, shall order witnesses excluded so that they cannot hear the testimony of
evidence that his or her general reputation for truth, honesty, or integrity is bad, or other witnesses. This rule does not authorize exclusion of (a) a party who is a
by evidence that he or she has made at other times statements inconsistent with his natural person, (b) a duly designated representative of a juridical entity which is a
or her present testimony, but not by evidence of particular wrongful acts, except party to the case, (c) a person whose presence is essential to the presentation of
that it may be shown by the examination of the witness, or record of the judgment, the party’s cause, or (d) a person authorized by a statute to be present.
that he or she has been convicted of an offense. (11a)
The court may also cause witnesses to be kept separate and to be
Sec. 12. Impeachment by evidence of conviction of crime. – For the purpose of prevented from conversing with one another, directly or through intermediaries,
impeaching a witness, evidence that he or she has been convicted by final judgment until all shall have been examined. (15a)
of a crime shall be admitted if (a) the crime was punishable by a penalty in excess of
one year; or (b) the crime involved moral turpitude, regardless of the penalty. Sec. 16. When witness may refer to memorandum. – A witness may be allowed to
refresh his or her memory respecting a fact by anything written or recorded by
However, evidence of a conviction is not admissible if the conviction has himself or herself, or under his or her direction, at the time when the fact occurred,
been the subject of an amnesty or annulment of the conviction. (n) or immediately thereafter, or at any other time when the fact was fresh in his or her
memory and he or she knew that the same was correctly written or recorded; but in
such case, the writing or record must be produced and may be inspected by the
adverse party, who may, if he or she chooses, cross-examine the witness upon it (a) By anyone who saw the document executed or written;
and may read it in evidence. A witness may also testify from such a writing or
record, though he or she retains no recollection of the particular facts, if he or she is (b) By evidence of the genuineness of the signature or handwriting of the maker;
able to swear that the writing or record correctly stated the transaction when or
made; but such evidence must be received with caution. (16a)
(c) By other evidence showing its due execution and authenticity.
Sec. 17. When part of transaction, writing or record given in evidence, the
remainder admissible. – When part of an act, declaration, conversation, writing or Any other private document need only be identified as that which it is claimed
record is given in evidence by one party, the whole of the same subject may be to be. (20)
inquired into by the other, and when a detached act, declaration, conversation,
writing or record is given in evidence, any other act, declaration, conversation, Sec. 21. When evidence of authenticity of private document not necessary. – Where
writing or record necessary to its understanding may also be given in evidence. (17) a private document is more than thirty (30) years old, is produced from a custody in
which it would naturally be found if genuine, and is unblemished by any alterations
Sec. 18. Right to inspect writing shown to witness. – Whenever a writing is shown to or circumstances of suspicion, no other evidence of its authenticity need be given.
a witness, it may be inspected by the adverse party. (18) (21)

Sec. 22. How genuineness of handwriting proved. – The handwriting of a person

B. AUTHENTICATION AND PROOF OF DOCUMENTS may be proved by any witness who believes it to be the handwriting of such person
because he or she has seen the person write, or has seen writing purporting to be
Sec. 19. Classes of documents. – For the purpose of their presentation in evidence, his or hers upon which the witness has acted or been charged, and has thus
documents are either public or private. acquired knowledge of the handwriting of such person. Evidence respecting the
handwriting may also be given by a comparison, made by the witness or the court,
Public documents are: with writings admitted or treated as genuine by the party against whom the
evidence is offered, or proved to be genuine to the satisfaction of the judge. (22)
(a) The written official acts, or records of the sovereign authority, official bodies
and tribunals, and public officers, whether of the Philippines, or of a foreign Sec. 23. Public documents as evidence. – Documents consisting of entries in public
country; 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
(b) Documents acknowledged before a notary public except last wills and against a third person, of the fact which gave rise to their execution and of the date
testaments; of the latter. (23)

(c) Documents that are considered public documents under treaties and Sec. 24. Proof of official record. — The record of public documents referred to in
conventions which are in force between the Philippines and the country of paragraph (a) of Section 19, when admissible for any purpose, may be evidenced by
source; and an official publication thereof or by a copy attested by the officer having the legal
custody of the record, or by his or her deputy, and accompanied, if the record is not
(d) Public records, kept in the Philippines, of private documents required by law kept in the Philippines, with a certificate that such officer has the custody.
to be entered therein.
If the office in which the record is kept is in a foreign country, which is a
All other writings are private. (19a) contracting party to a treaty or convention to which the Philippines is also a party,
or considered a public document under such treaty or convention pursuant to
Sec. 20. Proof of private documents. – Before any private document offered as paragraph (c) of Section 19 hereof, the certificate or its equivalent shall be in the
authentic is received in evidence, its due execution and authenticity must be proved form prescribed by such treaty or convention subject to reciprocity granted to
by any of the following means: public documents originating from the Philippines.
 For documents originating from a foreign country which is not a Sec. 30. Proof of notarial documents. – Every instrument duly acknowledged or
contracting party to a treaty or convention referred to in the next preceding proved and certified as provided by law, may be presented in evidence without
sentence, the certificate may be made by a secretary of the embassy or legation, further proof, the certificate of acknowledgment being prima facie evidence of the
consul general, consul, vice-consul, or consular agent or by any officer in the foreign execution of the instrument or document involved. (30)
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. Sec. 31. Alteration in document, how to explain. – The party producing a document
as genuine which has been altered and appears to have been altered after its
A document that is accompanied by a certificate or its equivalent may be execution, in a part material to the question in dispute, must account for the
presented in evidence without further proof, the certificate or its equivalent being alteration. He or she may show that the alteration was made by another, without
prima facie evidence of the due execution and genuineness of the document his or her concurrence, or was made with the consent of the parties affected by it,
involved. The certificate shall not be required when a treaty or convention between or was otherwise properly or innocently made, or that the alteration did not change
a foreign country and the Philippines has abolished the requirement, or has the meaning or language of the instrument. If he or she fails to do that, the
exempted the document itself from this formality. (24a) document shall not be admissible in evidence. (31a)

Sec. 25. What attestation of copy must state. – Whenever a copy of a document or Sec. 32. Seal. – There shall be no difference between sealed and unsealed private
record is attested for the purpose of evidence, the attestation must state, in documents insofar as their admissibility as evidence is concerned. (32)
substance, that the copy is a correct copy of the original, or a specific part thereof,
as the case may be. The attestation must be under the official seal of the attesting Sec. 33. Documentary evidence in an unofficial language. – Documents written in an
officer, if there be any, or if he or she be the clerk of a court having a seal, under the unofficial language shall not be admitted as evidence, unless accompanied with a
seal of such court. (25a) translation into English or Filipino. To avoid interruption of proceedings, parties or
their attorneys are directed to have such translation prepared before trial. (33)
Sec. 26. Irremovability of public record. – Any public record, an official copy of
which is admissible in evidence, must not be removed from the office in which it is C. OFFER AND OBJECTION
kept, except upon order of a court where the inspection of the record is essential to
the just determination of a pending case. (26) Sec. 34. Offer of evidence. – The court shall consider no evidence which has not
been formally offered. The purpose for which the evidence is offered must be
Sec. 27. Public record of a private document. – An authorized public record of a specified. (34)
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 Sec. 35. When to make offer. – All evidence must be offered orally.
such officer has the custody. (27)
The offer of the testimony of a witness in evidence must be made at the
Sec. 28. Proof of lack of record. – A written statement signed by an officer having time the witness is called to testify.
the custody of an official record or by his or her deputy that, after diligent search,
no record or entry of a specified tenor is found to exist in the records of his or her The offer of documentary and object evidence shall be made after the
office, accompanied by a certificate as above provided, is admissible as evidence presentation of a party's testimonial evidence. (35a)
that the records of his or her office contain no such record or entry. (28a)
Sec. 36. Objection. – Objection to offer of evidence must be made orally
Sec. 29. How judicial record impeached. – Any judicial record may be impeached by immediately after the offer is made.
evidence of:
Objection to the testimony of a witness for lack of a formal offer must be
(a) want of jurisdiction in the court or judicial officer; made as soon as the witness begins to testify. Objection to a question propounded
(b) collusion between the parties; or in the course of the oral examination of a witness must be made as soon as the
(c) fraud in the party offering the record, in respect to the proceedings. (29) grounds therefor become reasonably apparent.
 on the issues involved lies, the court may consider all the facts and circumstances of
The grounds for the objections must be specified. (36a) the case, the witnesses' manner of testifying, their intelligence, their means and
opportunity of knowing the facts to which they are testifying, the nature of the facts
Sec. 37. When repetition of objection unnecessary. – When it becomes reasonably to which they testify, the probability or improbability of their testimony, their
apparent in the course of the examination of a witness that the questions being interest or want of interest, and also their personal credibility so far as the same
propounded are of the same class as those to which objection has been made, may legitimately appear upon the trial. The court may also consider the number of
whether such objection was sustained or overruled, it shall not be necessary to witnesses, though the preponderance is not necessarily with the greater number.
repeat the objection, it being sufficient for the adverse party to record his or her (1a)
continuing objection to such class of questions. (37a)
Sec. 2. Proof beyond reasonable doubt. — In a criminal case, the accused is entitled
Sec. 38. Ruling. – The ruling of the court must be given immediately after the to an acquittal, unless his or her guilt is shown beyond reasonable doubt. Proof
objection is made, unless the court desires to take a reasonable time to inform itself beyond reasonable doubt does not mean such a degree of proof as, excluding
on the question presented; but the ruling shall always be made during the trial and possibility of error, produces absolute certainty. Moral certainty only is required, or
at such time as will give the party against whom it is made an opportunity to meet that degree of proof which produces conviction in an unprejudiced mind. (2a)
the situation presented by the ruling.
Sec. 3. Extrajudicial confession, not sufficient ground for conviction. – An
The reason for sustaining or overruling an objection need not be stated. extrajudicial confession made by an accused shall not be sufficient ground for
However, if the objection is based on two or more grounds, a ruling sustaining the conviction, unless corroborated by evidence of corpus delicti. (3)
objection on one or some of them must specify the ground or grounds relied upon.
(38) Sec. 4. Circumstantial evidence, when sufficient. — Circumstantial evidence is
sufficient for conviction if:
Sec. 39. Striking out of answer. – Should a witness answer the question before the
adverse party had the opportunity to voice fully its objection to the same, or where (a) There is more than one circumstance;
a question is not objectionable, but the answer is not responsive, or where a
witness testifies without a question being posed or testifies beyond limits set by the (b) The facts from which the inferences are derived are proven; and
court, or when the witness does a narration instead of answering the question, and
such objection is found to be meritorious, the court shall sustain the objection and (c) The combination of all the circumstances is such as to produce a conviction
order such answer, testimony or narration to be stricken off the record. beyond reasonable doubt.

On proper motion, the court may also order the striking out of answers Inferences cannot be based on other inferences. (4a)
which are incompetent, irrelevant, or otherwise improper. (39a)
Sec. 5. Weight to be given opinion of expert witness, how determined. – In any case
Sec. 40. Tender of excluded evidence. – If documents or things offered in evidence where the opinion of an expert witness is received in evidence, the court has a wide
are excluded by the court, the offeror may have the same attached to or made part latitude of discretion in determining the weight to be given to such opinion, and for
of the record. If the evidence excluded is oral, the offeror may state for the record that purpose may consider the following:
the name and other personal circumstances of the witness and the substance of the
proposed testimony. (40) (a) Whether the opinion is based upon sufficient facts or data;

RULE 133 (b) Whether it is the product of reliable principles and methods;
WEIGHT AND SUFFICIENCY OF EVIDENCE
(c) Whether the witness has applied the principles and methods reliably to the
Section 1. Preponderance of evidence, how determined. — In civil cases, the party facts of the case; and
having the burden of proof must establish his or her case by a preponderance of
evidence. In determining where the preponderance or superior weight of evidence
 (d) Such other factors as the court may deem helpful to make such determination.
(n)

Sec. 6. Substantial evidence. – In cases filed before administrative or quasi-judicial

bodies, a fact may be deemed established if it is supported by substantial evidence,
or that amount of relevant evidence which a reasonable mind might accept as
adequate to justify a conclusion. (5)

Sec. 7. Power of the court to stop further evidence. — The court may stop the
introduction of further testimony upon any particular point when the evidence
upon it is already so full that more witnesses to the same point cannot be
reasonably expected to be additionally persuasive. This power shall be exercised
with caution. (6a)

Sec. 8. Evidence on motion. – When a motion is based on facts not appearing of

record, the court may hear the matter on affidavits or depositions presented by the
respective parties, but the court may direct that the matter be heard wholly or
partly on oral testimony or depositions. (7)