A.M. No.

19-08-15-SC
2019 PROPOSED AMENDMENTS TO THE REVISED RULES ON EVIDENCE

RULE 128
GENERAL PROVISIONS

• Section 1. Evidence defined. - Evidence is the means, sanctioned by these rules, of ascertaining in a
judicial proceeding the truth respecting a matter of fact. (1)

• 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. (2)

• Section 3. Admissibility of evidence. - Evidence is admissible when it is relevant to the issue and not
excluded by the Constitution, the law or 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. (4)
 RULE 129
WHAT NEED NOT BE PROVED
Section 1. Judicial notice, when mandatory. - A court shall take judicial notice, without the introduction of
evidence, of the existence and territorial extent of states, their political history, forms of government and
symbols of nationality, the law of nations, the admiralty and maritime courts of the world and their seals, the
political constitution and history of the Philippines, official acts of the legislative, executive and judicial
departments of the National Government of the Philippines, the laws of nature, the measure of 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 of unquestionable demonstration, or ought to be known to judges
because of their judicial functions.
Section 3. Judicial notice, when hearing necessary. - During the pre-trial and the trial, the court, motu
proprio or upon motion, shall hear the parties on the propriety of taking judicial notice of any matter.
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 matter is decisive of a material issue in the case. (3a)
Section 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 may be contradicted only by showing
that it was made through palpable mistake or that the imputed admission was not, in fact, made. (4a)
 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. (1)
B. DOCUMENTARY EVIDENCE
Section 2. Documentary evidence. - Documents as evidence consist of
writings, recordings, photographs or any material containing letters, words, sounds,
numbers, figures, symbols, or their equivalent, or other 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. Original Document Rule
Section 3. Original document must be produced; exceptions. - When the subject of inquiry is the contents
of a document, writing, recording, photograph or other record, no evidence is admissible other than the
original document itself, except in the following cases:
(a) When the original is lost or destroyed, or cannot be produced in court, without bad faith on the
part of the offeror;
(b) When the original is in the custody or under the control of the party against whom the evidence is
offered, and the latter fails to produce it after reasonable notice, or the original cannot be obtained by
local judicial processes or procedures;
(c) When the original consists of numerous accounts or other documents which cannot be examined
in court without great loss of time and the fact sought to be established from them is only the general
result of the whole;
(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. —
(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
photograph includes the negative or any print therefrom. If 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) A "duplicate" is a counterpart produced by the same impression as the original,
or from the same matrix, or by means of photography, including enlargements and
miniatures, or by mechanical or electronic re-recording, or by chemical
reproduction, or by other equivalent techniques which accurately reproduce the
original.
(c) A duplicate is admissible to the same extent as an original unless (1) a genuine
question is raised as to the authenticity of the original, or (2) in the 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. - When the original document has been lost or destroyed,
or cannot be produced in court, the offeror, upon proof of its execution or existence and the cause of its
unavailability without bad faith on his or her part, may prove its contents by a copy, or by recital of its
contents in some authentic document, or by the testimony of witnesses in the order stated. (5a)
Section 6. When original document is in adverse party's custody or control. - If the 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 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)
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 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 office, its
contents may be proved by a certified copy issued by the public officer in custody thereof. (7)
Section 9. Party who calls for document not bound to offer it. — A party who calls for the
production of a document and inspects the same is not obliged to offer it as evidence. (8)
3. Parol Evidence Rule
Section 10. Evidence of written agreements. — When the terms of an agreement have been reduced to
writing, it is considered as containing all the terms agreed upon and there can be, as between the parties and
their successors in interest, no evidence of such terms other than the contents of the written agreement.
However, a party may present evidence to modify, explain or add to the terms of the written agreement if
he or she puts in issue in a verified pleading:
(a) An intrinsic ambiguity, mistake or imperfection in the written agreement;
(b) The failure of the written agreement to express the true intent and agreement of the parties thereto;
(c) The validity of the written agreement; or
(d) The existence of other terms agreed to by the parties or their successors in interest after the
execution of the written agreement.
The term "agreement" includes wills. (9a)
4. Interpretation of Documents
Section 11. Interpretation of a writing according to its legal meaning. — The language of a
writing is to be interpreted according to the legal meaning it bears in the place of its execution,
unless the parties intended otherwise. (10)
Section 12. Instrument construed so as to give effect to all provisions. — In the construction of
an instrument, where there are several provisions or particulars, such a construction is, if
possible, to be adopted as will give effect to all. (11)
Section 13. Interpretation according to intention; general and particular provisions. — In the
construction of an instrument, the intention of the parties is to be pursued; and when a general
and a particular provision are inconsistent, the latter is paramount to the former. So a particular
intent will control a general one that is inconsistent with it. (12)
Section 14. Interpretation according to circumstances. — For the proper construction of an
instrument, the circumstances under which it was made, including the situation of the subject
thereof and of the parties to it, may be shown, so that the judge may be placed in the position of
those whose language he or she is to interpret. (13a)
Section 15. Peculiar signification of terms. — The terms of a writing are presumed to have been used in
their primary and general acceptation, but evidence is admissible to show that they have a local, technical,
or otherwise peculiar signification, and were so used and understood in the particular instance, in which
case the agreement must be construed accordingly. (14)
Section 16. Written words control printed. — When an instrument consists partly of written words and
partly of a printed form, and the two are inconsistent, the former controls the latter. (15)
Section 17. Experts and interpreters to be used in explaining certain writings. — When the characters in
which an instrument is written are difficult to be deciphered, or the language is not understood by the court,
the evidence of persons skilled in deciphering the characters, or who understand the language, is
admissible to declare the characters or the meaning of the language. (16)
Section 18. Of two constructions, which preferred. — When the terms of an agreement have been
intended in a different sense by the different parties to it, that sense is to prevail against either party in
which he or she supposed the other understood it, and when different constructions of a provision are
otherwise equally proper, that is to be taken which is the most favorable to the party in whose favor the
provision was made. (17a)
Section 19. Construction in favor of natural right. — When an instrument is equally susceptible of two
interpretations, one in favor of natural right and the other against it, the former is to be adopted. (18)
Section 20. Interpretation according to usage. — An instrument may be construed according to usage, in
order to determine its true character. (19)
C. TESTIMONIAL EVIDENCE
1. Qualification of Witnesses
Section 21. Witnesses; their qualifications. - All persons who can perceive, and perceiving, can make
known their perception to others, may be witnesses. (20a)
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 disqualification.(20)
Cases:1) People vs. Amaca 277SCRA215 (1997)
2) People vs. Tuangco 345 SCRA 429 (2000)
3) People vs. Espina 326 SCRA 753 ( 2000)

[Section 21. Disqualification by reason of mental incapacity or immaturity. (Deleted)]

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 permits a witness to testify only to those facts which je knows of his personal knowledge and which is
derived from his own personal perceptions. A witness cannot testify on the truth of what other persons knew, saw or
perceived , as told to him, he having no personal knowledge thereof.
Section 23. Disqualification by reason of marriage. - During their marriage, the 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 for a crime committed by one against the other or the latter's direct descendants or ascendants. (22a)

Note : The disqualification of one spouse to testify against the other applies only during the marriage under Section 23
but with respect to confidential information received by one from the other during the marriage under Section 24 the
disqualification continues even after their marriage has been dissolved or their marital relationship legally
terminated
Section 24. Disqualification by reason of privileged communications. - The
following persons cannot testify as to matters learned in confidence in the following
cases:
(a) The husband or the wife, during or after the marriage, cannot be examined
without the consent of the other as to any communication received in
confidence by one from the other during the marriage except in a civil case by
one against the other, or in a criminal case for a crime committed by one
against the other or the latter's direct descendants or ascendants.
Note: A dying declaration of the husband to the wife is in no sense
confidential as is intended to be communicated to others after the husband’s
death
(b) An attorney or person reasonably believed bv the client to be licensed to engage in the practice of law cannot, without the consent
of the client, be examined as to any communication made by the client to him or her, or his or her 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 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 to 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.
(c) A physician, psychotherapist or person reasonably believed by the patient to be 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 the purpose of diagnosis or treatment of the patient's physical, mental or emotional condition, including alcohol or
drug addiction, 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, priest or person reasonably believed to be so cannot, without the consent of the affected person, be examined
as to any communication or confession made to or any advice given by him or her, in his or her 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 or after his or her tenure as to communications made to him or her in official
confidence, when the court finds that the public interest would 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 shall be compelled to testify against
his or her parents, other direct ascendants, children or other direct 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 27. Admission of a party. — The act, declaration or omission of a party as to a relevant fact may be given in
evidence against him or her. (26a)
- Covers judicial or extra judicial admission. It may direct or indirect or implied.
- Judicial admission are those admissions , verbal or written, made by a party in the course of the proceedings in the
same case. All other admissions are extrajudicial.
- Refers to admission against interest and is based upon the presumption that no man would declare anything against
himself unless such declaration were true. ( Feria Vs CA. 325 SCRA 525)
-extrajudicial admission are not conclusive against the party who made them.
In the case of Kalalo vs. Luz, the Supreme Court held that statements which are not estoppels nor judicial
admissions have no quality of conclusiveness, and an opponent whose admissions have been offered against him may
offer any evidence which serves as an explanation for his former assertion of which he now denies as fact. This may
involve the showing of mistake.
Section 28. Offer of compromise not admissible. - In civil cases, an offer of compromise is not an admission of any
liability, and is not admissible in evidence against the offeror. Neither is evidence of conduct nor statements made in
compromise negotiations admissible, except evidence otherwise discoverable or offered for 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 or prosecution.
In criminal cases, except those involving quasi-offenses (criminal negligence) or those allowed by law to be
compromised, an offer of compromise by the accused may be received in evidence as an implied admission of guilt.
A plea of guilty later withdrawn or an unaccepted offer of a plea of guilty to a lesser offense is not 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)
Admission vs. Confession
People vs. Agustin 240 scra553-554(1995)

Admission Confession
• A statement by the accused, direct or implied -An acknowledgement in express terms by a
of facts pertinent to the issue , and tending in party in a criminal case , of his guilt of the crime
connection with proof of other facts , to prove charged
his guilt
• Something less than a confession and is but an
acknowledgment of some fact or
circumstance which in itself is insufficient to
authorize conviction and which tends only to
establish the ultimate fact of guilt
Section 29. Admission by third party. - The rights of a party cannot be prejudiced by an act, declaration, or
omission of another, except as hereinafter provided. (28)

Section 35. Similar acts as evidence. - Evidence that one did or did not do a certain thing at one time is not
admissible to prove that he or she did or did not do the same or similar thing at another time; but it may be
received to prove a specific intent or knowledge, identity, plan, system, scheme, habit, custom or usage, and the
like. (34a)
-The embodiment of the maxim :”res inter alios acta alberi nocre non debt “ which means that, things
transacted between strangers do not injure those who are not parties to them. The maxim relates to laws of
evidence and the object is to prevent a party to an action from being held bound by acts or declarations of
strangers.
- Reason for the Res inter alios Acta Rule is that on a principle of good faith and mutual convenience, a
mans’ own act is binding upon himself and are evidence against him and not as against a third person.
Note: People VS. Cui 314 SCRA 153 (1999)
Exceptions to the Res inter Alios Acta Rule
1) Admission by a co-partner (Sec. 30)- which may be admissible against the other partners or the
partnership itself
2) Admission by co-conspirator (Sec. 31) which may be given in evidence against the co
conspirators
3) Admission by silence (Sec 33) of a person for not doing or saying anything when an act or
declaration is said against him in his presence
4) Interlocking confessions – ( People vs. Dela Torre 327 SCRA 511 (2000)
-where several extra-judicial confessions have been made by several persons charged with the
same offense and without the possibility of collision among them , the fact that the statements
are in all respects identical is confirmatory of the confessions of the co defendants and are
admissible against other persons implicated therein.

Note : Please read and digest the case of People vs. Raquel 265 SCRA 248 (19960
Section 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 within the scope of his or her authority, and during the
existence of the partnership or agency, may be given in evidence against such party after the partnership or
agency is shown by evidence other than such act or declaration. The same rule applies to the act or declaration of
a joint owner, joint debtor, or other person jointly interested with the party. (29a)
Requisites in order that the act or declaration of a partner or agent be admissible in evidence against a co-
partner
1)the partnership or agency is proved by evidence other that the act or declaration;
2) the act or declaration of a partner or agent of the party is done within the scope of his authority
3) he made the act or declaration during the existence of the partnership or agency
Reason for the Rule is that the interest or identity of the person doing the act or making declaration and that of
the person against whom the evidence of such act or declaration is presented is considered as one or merged into
one person, such that the act or declaration is deemed the act or declaration of the other.
GEN. Rule: statements of an agent within the scope of his employment and with the actual and apparent authority of the
principal are binding upon the latter. Whatever is said by the agent to a third party relative to business contemplated by
the agency in which he is engaged is in legal intendment said by the principal and is admissible in evidence against the
latter even though the principal did not have knowledge of such statement.

Section 31. Admission by conspirator. - The act or declaration of a conspirator in furtherance of the conspiracy and
during its existence may be given in evidence against the co-conspirator after the conspiracy is shown by evidence other
than such act of declaration. (30a)
-It applies only to extrajudicial acts or admissions and not to testimony at the trial where the party adversely affected
has the opportunity to cross examine the declarant. People vs. Palijon 343 SCRA 486 (2000)
Requisites in order that the admission of a conspirator may be admissible in evidence against his co-conspirator:
1)that the conspiracy be first proved by evidence other that the admission itself
2) that the admission relates to the common object; and
3) that it has been made while the declarant was engaged in carrying out the conspiracy.
Section 32. Admission by privies. - Where one derives title to property from another, 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)
-Who are privies contemplated under Section 32?
A privy in estate , is one who derives his title to the property by purchase; one who takes by
conveyance. Privity in estate denotes the privity between assignor and assignee, donor and donee, grantor
and grantee, vendor and vendee. A privy may also be one who acquires property by succession.

Note: The rule on admission by privies is not applicable, where the former owner of the property made the
declaration after he ceased to be the owner of the property, but what is applicable is the general rule that
the rights of a party cannot be prejudiced by an act or declaration, or omission of another .
Digest the case of Gevero vs. IAC 189 SCRA 201 (1990)
Section 33. Admission by silence. - An act or declaration made in the presence and within the hearing or observation
of a party who does or says nothing when the act or declaration is such as naturally to call for action or comment if
not true, and when proper and possible for him or her to do so, may be given in evidence against him or her. (32a)
Requisites in order that silence of a party may be taken as an admission are:
1) It must appear that he heard and understood the statement;
2) that he was at liberty to interpose a denial;
3) that the statement was in respect to some other matter affecting his rights or in which he was then
interested, and calling naturally for an answer;
4) that the facts were within his knowledge and
5) that the fact admitted or the inference to be withdrawn from his silence would be material to the issue.
Digest People vs. Magdadaro 197 SCRA 181 (1991)

Estoppel by silence- arises where a person, who by force of circumstances is under a duty to another to speak,
refrains from doing so and thereby leads the other to believe in the existence of a state of facts in reliance on which
he acts to his prejudice. This doctrine rests on the principle that if one maintains silence, when in conscience he
ought to speak equity will preclude him from speaking when in conscience he ought to remain silent.

Note : Mere innocent silence will not work estoppel.

Section 34. Confession. - The declaration of an accused acknowledging his or her guilt of the offense charged, or of any
offense necessarily included therein, may be given in evidence against him or her. (33a)
Confession is a declaration made voluntarily and without compulsion or inducement by a person , stating or
acknowledging that he has committed or participated in the commission of the crime.
Gen. Rule: Confession is admissible only against the confessant
-An admission or confession of guilt by the accused may be made before or during custodial investigation.
-if the admission or confession is made before custodial investigation, there is no need to comply with
constitutional requirements to be admissible. The only requirement is that the same is freely and voluntarily made.

Weight of Confession
-Confession constitutes an evidence of a higher order since it is supported by the strong presumption that no person
of normal mind would deliberately and knowingly confess to a crime especially if it be a serious one , unless prompted
by truth and conscience.
Although an extra judicial confession is evidence of a high order , it not by itself sufficient basis for conviction of
the confessant unless corroborated by evidence of corpus delicti
Requirements in order that an admission or confession by a suspect or accused under custodial
investigation be admissible

1) The confession must be voluntary; that is , if it is given freely, without coercion, intimidation
inducement or false premises and it must be credible , that is, is consistent with the normal
experience of mankind and intelligently where the accused realizes the legal significance of his act;

2)must be made with the assistance of counsel ;

3) must be in writing and in the language known to and understood by the confessant ;
4) must be express and categorical ;
5) must be signed or if the confessant does not how to read and write, thumbmarked by him;

Purpose of police line up – to identify the suspect from among many persons by the witness . It is
not considered as part of any custodial investigation and it is conducted before that stage is reached.
4. Previous Conduct As Evidence
Section 35. Similar acts as evidence. - Evidence that one did or did not do a certain thing at one time is
not admissible to prove that he or she did or did not do the same or similar thing at another time; but it
may be received to prove a specific intent or knowledge, identity, plan, system, scheme, habit, custom or
usage, and the like. (34a)
-A rule that prohibits the admission of evidence that tends to show that what a person has done at one
time is probative of the contention that he has done a similar act at another time.
Gen Rule: Evidence is not admissible which shows or tend to shows that the accused in a criminal
case committed a crime wholly independent of the offense for which he is on trial.
Section 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 valid cause, equivalent to the actual production and
tender of the money, instrument, or property. (35)
-A rule of evidence which makes the unaccepted offer equivalent to the actual production and tender of money,
instrument or property.
Note: Tender of payment without consignation if refused does not extinguish an obligation but the debtor is exempt
from payment of interest or damages

[Sec. 36. Testimony generally confined to personal knowledge; hearsay excluded. (Transposed to Sec. 22. Testimony
confined to personal knowledge.)]
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)
 Section 37 is a new provision which defines “Hearsay” as a statement other than the one made by a
declarant while testifying at a trial or hearing and offered to prove the truth of the facts asserted therein.
Such statement includes oral or written assertions and non verbal conduct intended by the declarant as an
assertion.
A testimony given at a trial or hearing on a matter not within the personal knowledge of a witness can
no longer be objected to as hearsay but on the ground that such testimony is not confined to the personal
knowledge of said witness as required under Section 22, Rule 130.
Under Section 37, a statement made by the witness under cross examination, which statement relates
to the one earlier given by him or her under oath subject to the penalty of perjury at a trial, hearing , or
other proceeding or in a deposition is not hearsay. Such statement maybe one which is: 1) inconsistent with
his or present testimony 2) consistent with his or her present testimony and offered to rebut an express
or implied charge against him or her of recent fabrication or improper influence or motive , or 3) one of
identification of a person made after perceiving the latter.
6. Exceptions To The Hearsay Rule
Section 38. Dying declaration. - The declaration of a dying person, made under the consciousness of an impending
death, may be received in any case wherein his or her death is the subject of inquiry, as evidence of the cause and
surrounding circumstances of such death. (37a)
-Dying person is a person who has been seriously wounded and who believes himself in imminent danger of
death.
- Dying Declaration is a statement of a dying person from the time the wound is received until death resulting
from the injury.
Requisites for the admissibility of ante-mortem or dying declarations are:
1) The statement concerns the crime and surrounding circumstances of the declarant’s death;
2) At the time it was made , the declarant was under the consciousness of an impending death ;
3) The declarant would have been competent witness had he survived ; and
4) The declaration was offered in a criminal case for homicide , murder, or parricide , in which the declarant
was the victim
Reason for the Rule: When a person is at the point of death, every motive for falsehood is silenced and the mind is
induced by the most powerful consideration to speak the truth.
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)
 -In claims against estate of a deceased person or person of unsound mind filed against his or her executor or
administrator, a party or his assignor or a person in whose behalf a case is prosecuted may now testify on any statement given
by the deceased or a person of unsound mind: 1) on matter of fact occurring before the death of the deceased person or before
the person became of unsound mind 2) if the statement was made upon the personal knowledge of the deceased or the person
of unsound mind 3) at the time when the matter had been recently perceived by him or her 4) while his or her recollection was
clear.
Section 40. Declaration against interest. — The declaration made by a person deceased or unable to testify
against the interest of the declarant, if the fact asserted in the declaration was at the time it was made so far
contrary to the declarant's own interest that a reasonable person in his or her position would not have made the
declaration unless he or she believed it to be true, may be received in evidence against himself 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)

Declaration Against Interest is also known as Dead Man’s Statute

Interest
Section 41. Act or declaration about pedigree. - The act or declaration of a person
deceased or unable to testify, in respect to the pedigree of another person related to
him or her by birth, adoption, or marriage or, in the absence thereof, with whose 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 occurred before the
controversy, and the relationship between the two persons is shown by evidence other
than such act or declaration. The word "pedigree" includes relationship, family
genealogy, birth, marriage, death, the dates when and the places where these facts
occurred, and the names of the relatives. It embraces also facts of family history
intimately connected with pedigree. (39a)
Section 42. Family reputation or tradition regarding pedigree. — The reputation or
tradition existing in a family previous to the controversy, in respect to the pedigree of any
one of its members, may be received in evidence if the witness testifying thereon be also
a member of the family, either by consanguinity, affinity, or adoption. Entries in family
bibles or other family books or charts, engraving on rings, family portraits and the like,
may be received as evidence of pedigree. (40a)
Section 43. Common reputation. — Common reputation existing previous to the
controversy, as to boundaries of or customs affecting lands in the community and
reputation as to events of general history important to the community, or respecting
marriage or moral character, may be given in evidence. Monuments and inscriptions in
public places may be received as evidence of common reputation. (41a)
Section 44. Part of the res gestae. — Statements made by a person while a startling
occurrence is taking place or immediately prior or subsequent thereto, under the stress
of excitement caused by the occurrence 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. (42a)
Section 45. Records of regularly conducted business activity. - A memorandum, report,
record or data compilation of acts, events, conditions, opinions, or diagnoses, made by
writing, typing, electronic, optical or other similar means at or near the time of or from
transmission or supply of information by a person with knowledge thereof, and kept in
the regular course or 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 the testimony of the custodian or other
qualified witnesses, is excepted from the rule on hearsay evidence. (43a)
Section 46. Entries in official records. - Entries in official records made in the
performance of his or her 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. (44a)
Section 47. Commercial lists and the like. -Evidence of statements of matters of interest
to persons engaged in an occupation contained in a list, register, periodical, or other
published compilation is admissible as tending to prove the truth of any relevant matter
so stated if that compilation is published for use by persons engaged in that occupation
and is generally used and relied upon by them therein. (45)
Section 48. Learned treatises. — A published treatise, periodical or pamphlet on a
subject of history, law, science, or art is admissible as tending to prove the truth of a
matter stated therein if the court takes judicial notice, or a witness expert in the subject
testifies, that the writer of the statement in the treatise, periodical or pamphlet is
recognized in his or her profession or calling as expert in the subject. (46a)
Section 49. Testimony or deposition at a former proceeding. - The testimony or
deposition of a witness deceased or out of the Philippines or who cannot, with due
diligence, be found therein, or is unavailable or otherwise 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 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 purposes of these rules and the interests of justice will
be best served bv 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 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 51. General rule. - The opinion of a witness is not admissible,
except as indicated in the following sections. (48)
Section 52. Opinion of expert witness. - The opinion of a witness on a
matter requiring special knowledge, skill, experience, training or education,
which he or she is shown to possess, may be received in evidence. (49a)
Section 53. Opinion of ordinary witnesses. - The opinion of a witness, for which
proper basis is given, may be received in evidence regarding -
(a) The identity of a person about whom he or she has adequate knowledge;
(b) A handwriting with which he or she has sufficient familiarity; and
(c) The mental sanity of a person with whom he or she is sufficiently acquainted.
The witness may also testify on his or her impressions of the emotion, behavior,
condition or appearance of a person. (50a)
8. Character Evidence
Section 54. Character evidence not generally 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:
(a) In Criminal Cases:
(1) The character of the offended party may be proved if it tends to establish in any reasonable
degree the probability, or improbability of the offense charged.
(2) The accused may prove his or her good moral character, pertinent to the moral trait involved in
the offense charged.ℒαwρhi৷ However, the prosecution may not prove his or her bad moral character
unless on rebuttal.
(b) In Civil Cases:
Evidence of the moral character of a party in a civil case is admissible only when pertinent to the issue of
character involved in the case.
(c) In Criminal and Civil Cases:
Evidence of the good 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)