THE RULES OF EVIDENCE

I. RULE 128. GENERAL PROVISIONS

A. Section 1. Evidence, defined – the means sanctioned by the rules, of ascertaining in a judicial
proceeding the truth respecting a matter of fact.

Proof is the result or effect of evidence. When the requisite quantum of evidence of a particular fact has
been duly admitted and given weight, the result is called the proof of such fact.

Factum probandum is the ultimate fact or the fact sought to be established

Factum probans is the evidentiary fact or the fact by which the factum probandum is to be established

B. Section 2. Scope – the same in all courts and in all trials and hearings, except as otherwise provided
by these rules.
1. Rules of Court apply to all judicial proceedings.
2. Exception: When otherwise provided:
a) RA 4200-Anti-Wire Tapping Act;
b) Code of Commerce
c) Presumptions of law in the Civil Code and the Revised Penal Code
d) The Bill of Rights in the 1987 Constitution:
(1) Section 2- Right against illegal searches and seizures;
(2) Section 3- Right to privacy of communication.

C. Kinds of Evidence:
1. Direct and Circumstantial:
a) Direct – that which proves the fact in dispute;
b) Circumstantial – proof of facts from which taken collectively,
the existence of the particular fact in dispute may be inferred as a
necessary or probable consequence
2. Primary and Secondary
a)
3. Positive Evidence and Negative
a) Positive – when the witness states that a fact did or did not occur
b) Negative – when the witness states that he did not see or know the occurrence of a
fact.
4. Corroborative and Cumulative
a) Corroborative – additional evidence of a different kind and character, tending to prove
the same point.
b) Cumulative – evidence of the same kind and character as that already given, and tends
to prove the same proposition.
5. Prima Facie and Conclusive
a) Prima Facie – that which suffices proof of a particular fact, until contradicted and
overcome by other evidence.
b) Conclusive – that which is incontrovertible.
6. Relevant and Material
a) Relevant – it has a tendency in reason to establish the probability or improbability of a
fact in issue.
b) Material – that which is directed to prove a fact in issue as determined by the rules of
substantive law and pleadings.
c) Competent – that which is not excluded by the law in a particular case, i.e, best
evidence rule, parol evidence rules, hearsay rule.
7. Rebuttal and Sur-rebuttal Evidence
a) Rebuttal – that which is given to explain, repel, counteract or disprove facts given in
evidence by the adverse party.
b) Sur-rebuttal – that which is permitted to be introduced by the defendant after new
matter is introduced in rebuttal.
8. Object (Real) – evidence addressed to the senses of the tribunal, as where objects are
presented for the inspection of the court.
9. Documentary – evidence supplied by written instruments, or derived from conventional
symbols, such as letters, by which ideas are presented on material substances, books, papers,
accounts and the like; offered as proof of their written contents.
10. Testimonial – testimony given in court of the deposition by one who has observed that to
which he is testifying; or one who, though he has not observed the facts, is nevertheless qualified
to give an opinion relative to such facts.
 11. Expert – testimony of one possessing in regard to a particular subject or department of
human activity, knowledge not usually acquired by other persons.
12. Substantial – that amount of evidence which a reasonable mind might accept as adequate to
justify a conclusion.

D. Section 3. Admissibility of Evidence – when evidence will be considered as proof of a fact.

1. When is evidence admissible?

a) Relevant – induce belief as to its existence or non-existence
b) Competent – not excluded by the rules
Evidence is admissible when it is RELEVANT AND COMPETENT

Evidence is relevant when it has such a relation to the fact in Issue as to Induce belief in its
existence or non - existence.

Evidence is competent if it is not excluded by the rules of court.

2. 2 Axioms of admissibility:
a) None but facts having rational probative value are admissible.
b) All facts having rational probative value are admissible, unless some specific rule
forbids it.

3. Doctrines on Admissibility:
a) Conditional Admissibility – Where the evidence at the time of its offer appears to be
immaterial or irrelevant unless it is connected with the other facts to be subsequently
proved, such evidence may be received on the condition that the other facts will be
proved thereafter, otherwise the evidence already given will be stricken out.
b) Multiple Evidence – When evidence is relevant and competent for two or more
purposes, such evidence should be admitted for any or all the purposes for which it is
offered provided it satisfies all the requirements of law for its admissibility therefore.
c) Curative Admissibility – the right of a party to introduce incompetent evidence in his
behalf where the court has admitted the same kind of evidence adduced by the adverse
party.

E. 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.

II. RULE 130 Rules of Admissibility

A. Object (Real) Evidence

1. 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.

B. Documentary Evidence (Section 2. Definition) – Documents as evidence consist of writings or any

material containing letters, words, numbers, figures, symbols or other modes of written expressions
offered a proof of their contents.

1. Best Evidence Rule –

a) Section 3 – when the subject of the inquiry are the contents of the document, now
evidence shall be admissible other than the original.
(1) Exceptions:
(a) Documents is lost, destroyed and cannot be produced without bad
faith on the person asked to produce it.
(b) When the document is in the custody of another and fails to produce it
within reasonable time.
(c) When evidence consists of numerous accounts and it would take time
to examine it or the relevant issue is the general result of the whole.

(i) Requisites:
 (a) Voluminous character of the records must be
established;

(b) Such records must be made accessible to the adverse

party so that their correctness may be tested on cross-
examination.

(d) When the original is public record in custody of public officer or

recorded in a public office.

b) Section 4. Original Document, defined –

(1) One the contents of which are the subject of inquiry.
(2) A document is in two or more copies executed at or about the same time, with
identical contents.
(3) Entry is repeated in regular course of business, one being copied from the
other at or near the time of the transaction, all the entries are original.

2. Secondary Evidence
a) Section 5. When original document is unavailable –
(1) What are the conditions for admission of secondary evidence?
(a) There must be proof of due execution of and the existence of the
original.

(i) How due execution is proven?

(ii) Testimony of the person who executed it.

(iii) Testimony of the person before whom it was executed.

(iv) Testimony of any person who saw the execution, knows the
signatures, one to whom the parties confessed execution.

(b) The loss or destruction of the original or its non-production in court.

(c) Reasonable diligence and good faith in the search for or attempt to
produce the original.

b) Section 6. When original document is in adverse party’s custody or control

(1) What are the document is in the custody or under the control of the adverse
party;
(a) When the document is in the custody or under the control of the
adverse party;
(b) Adverse party has reasonable notice to produce it;
(c) If after such notice and proof of its existence, adverse party fails to
produce the document.

c) Section 7. When original document is a public record

(1) What are the conditions for admission of secondary evidence?
(a) Original is in the custody of a public officer or is recorded in a public
record;
(b) Contents may be proved by a certified copy issued by the public
officer in custody thereof.
d) Secondary Evidence may not be admissible when the law otherwise provides.
(1) Rule 76, Sec. 6, lost notarial will

3. Parol Evidence Rule

a) Section 9. Evidence of Written Agreement – when agreement is reduced in writing,
it is considered as containing all the terms agreed upon and there can be, between the
parties and their successors-in-interest, no evidence of such terms other than the contents
of the written agreement.
b) Exceptions: when the party/parties may modify the terms of the agreement if he puts
in issue in his pleadings:
(1) Intrinsic ambiguity, mistake or imperfection in the written agreement;
(2) Failure of the written agreement to express the true intent and agreement of
the parties;
(3) Validity of the written agreement;
 (4) Existence of other terms agreed to by the parties or their successors-in-
interest after the execution of the agreement.
c) When Parol Evidence Rule does not apply:
(1) Where at least one party to the suit is not a party or privy of a party to the
written instrument; and,
(2) Where a party does base a claim or a right originating in the instrument of the
relation established thereby.

d) How can patrol evidence be admitted? The mistake, imperfection, failure to express
the true intent and agreement of the parities, and intrinsic, ambiguity, or the
validity of the agreement must be put in issue in the pleadings.

4. Best Evidence vs. Parol Evidence.

a) Original not in court or is in dispute – Presupposes original is in court.
b) Prohibits introduction of substitutionary evidence. – Prohibits alterations.
c) All kinds of evidence. - applies only to written contracts and wills
d) Can be invoked by any party against another. – Can be invoked only between parties.

5. Interpretation of Documents:
a) Section 10 – based on its legal meaning
b) Section 11 – construed as to give effect to all provisions
c) Section12 – according to the intention, and when a general provision and a particular
provision are inconsistent, the latter will control.
d) Section 13 – the circumstances under which the instrument 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 is to interpret.
e) Section 14 – peculiar signification of terms; language in general acceptation, but
evidence is admissible to show that they have a local, technical, or otherwise peculiar
signification
f) Section 15 – Written words control printed
g) Section 16 – experts and interpreters to be used in explaining certain writings
h) Section 17 – Of two constructions, that sense is to prevail against either party in which
he supposed the other understood it; when different constructions are equally proper, it is
understood in the sense favorable to the party in who favor the provision was made
i) Section 18 – construction in favor of natural right
j) Section 19 – interpretation according to usage

C. Testimonial Evidence
1. Qualification of Witnesses
a) Section 20. Who may be witnesses?
(1) Those not disqualified by the rules and all persons who can perceive, and
perceiving can make their perceptions known to others.
(2) 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
b) Who may not be witnesses?
(1) Section 21
(a) Those whose mental condition, at the time of the production for
examination, is such that they are incapable of intelligently making known
their perceptions to others.
(b) Children whose mental maturity is such as to render them incapable of
perceiving the facts respecting which thay are examined and relating them
truthfully.
(2) Section 22. Marital Disqualification Rule – during the marriage, neither
spouse may testify against the other without the consent of the affected spouse
(a) except:

(i) When in a civil case by one against the other

(ii) When in a criminal case for a crime against the other, or the
latter’s direct descendants or ascendants

(b) When does the rule apply? It is necessary that the marriage is valid
and existing at the time of the offer of the testimony
 (3) Section 23. Survivorship Disqualification Rule or Dead Man
Statute/Disqualification by reason of death or insanity of adverse party.
(a) Requisites:

(i) The witnesses offered for examination is a party plaintiff, or

the assignor of the said party, or person in whose behalf a case is
prosecuted;

(ii) The case is against the executor or administrator or other

representative of a person deceased or of unsound mind;

(iii) The case is upon a claim or demand against the estate of such
person who is deceased or of unsound mind;

(iv) The testimony to be given is on a matter of fact occurring

before the death of such deceased person or before such person
became of unsound mind.

(4) Section 24. Disqualification by reason of privileged communication:

(a) Marital Privilege – Spouse cannot testify against the other after a valid
marriage without the consent of the other spouse, when the subject of the
testimony is confidential and received during the marriage, except in a
case against the other spouse, and in a criminal case when the crime is
committed against the spouse of direct ascendants/descendants of the
latter.
(b) Atty – Client Privilege – a lawyer, his secretary, stenographer or clerk
cannot testify, without the consent of the client, against said client
regarding a communication or advice for a lawful purpose, made during
the professional employment.
(c) Physician-Patient Privilege – in a civil case, a physician authorized to
practice medicine, surgery or obstetrics, cannot testify against his patient
regarding a communication made in such professional capacity, which
would blacken the reputation of the patient.
(d) Priest or Minister Privilege – any confession made cannot be made the
subject of the testimony of the priest or minister.
(e) Public Officer Privilege – no public officer during his term or service,
may be made to testify as to any communication made to him in official
confidence, when the court finds that the public interest would suffer by
the disclosure.

2. Testimonial Privilege
a) Section 25. Parental or Filial Privilege – no person may be compelled to testify
against his parents, other direct ascendants, children or other direct descendants.
3. Admission and Confessions
a) Section 26. Admissions of a party – act, declaration or omission of a party as to a
relevant fact may be given in evidence against him.
(1) Admissions vs. Confession
(2) Admission vs. Declarations against interest

b) Section 27. Offer of compromise

(1) Criminal case- except in quasi-offenses, admissible to prove guilt
(2) Civil case – inadmissible
(3) 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.
(4) 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.
c) Section 28. Admission by third party – FIRST BRANCH OF THE RES INTER
ALIOS acta RULES. The rights of a party cannot be prejudiced by an act, declaration, or
omission of another, except as hereinafter provided

(1) Exceptions: (when the admission of a third party is admissible in evidence

against another)
 (a) Section 29. Admission by co-partner or agent- act or declaration
made within the scope of agent’s or partner’s authority, and the agency or
partnership should first be proven by other evidence other than the act.
(b) Section 30. Admission by co-conspirator- must relate to the
conspiracy and during its existence, after the conspiracy is shown by
evidence other than such act or declaration.
(c) Section 31. Admission by privies – witness is predecessor-in-interest
of the person against whom testimony is made.
(d) Section 32. Admission by silence – person against whom statement
made heard or observed the act or declaration against him and had the
opportunity to deny it and he understood the statement, and he is
interested to object to the statement, and would have investigation or in
the exercise of his right to remain silent.

(i) Requisites:

(a) He must have heard or observed the act or declaration

of the other person;

(b) He must have had the opportunity to deny it;

(c) He must have understood the statement;

(d) He must have an interest to object, such that he would

naturally have done so, if the statement was not true;

(e) The facts were within his knowledge;

(f) The fact admitted or the inference to be drawn from his

silence is material to the issue.

(ii) Is participation in reenactment an admission? Voluntary

participation in a reenactment is considered tacit admission
of complicity.

d) Section 33. Confession – the declaration of an accused acknowledging guilt of the

offense charged, or of any offense necessarily included therein, may be given in evidence
against him.

(1) Kinds:
(a) Judicial – court
(b) Extrajudicial – outside the court room

(2) When admissible?

(a) The confessions must involve an express and categorical admission of
guilt;
(b) When facts admitted consists of a criminal offense.
(c) Voluntary
(d) Intelligently given
(e) No violation of Article III, Section 12 of the Constitution:

“(1) Any person under custodial investigation for the

commission of an offense shall have the right to be
informed of his right to remain silent and to have
competent and independent counsel preferably of his own
choice. If the person cannot afford the service of counsel,
he must be provided with one. These rights cannot be
waived except in writing and in the presence of counsel.

(2) Nor torture, force, violence, threat, intimidation, or any

other means which vitiate free will shall be used against
him. Secret detention places, solitary, incommunicado, or
other similar forms of detention shall be prohibited.
 (3) Any confession or admission obtained in violation of
this or Section 17 hereof shall be inadmissible in evidence
against him.

(4) The law shall provide for penal and civil sanctions for
violations of this section as well as compensation to and
rehabilitation of victims of torture or similar practices, and
their families.”

(3) Extrajudicial Confession –

(a) RULE: binding only upon himself and is not admissible against his co-
accused.
(b) EXCEPTIONS:

(i) If the latter impliedly acquiesced in or adopted said confession

by not questioning its truthfulness, as where it was made in his
presence and he did not remonstrate against his being implicated
therein;

(ii) If the accused persons voluntarily and independently executed

identical confessions without collusion, commonly known as
interlocking confessions and without contradiction by the co-
accused who was present;

(iii) Where the accused admitted the facts stated by the confessant
after being apprised of such confession;

(iv) If they are charged as co-conspirators of the crime which was

confessed by one of the accused and said confession is used only
as corroborating evidence;

(v) Where the confession is used as circumstantial evidenced to

show the probability of participation by the co-conspirator;

(vi) Where the confessant testified for his co-defendant;

(vii) Where the co-conspirator’s extrajudicial confession is

corroborated by other evidence of record.

(4) Admission vs. Confession

(a) No acknowledgement of guilt- Acknowledgement of guilt
(b) May be express of tacit- Must be express
(c) May be admissible against third parties –
Inadmissible against co-accused or third parties

4. Previous Conduct as Evidence

a) Section 34. Similar acts as evidence. SECOND BRANCH OF RES INTER ALIOS
RULE.

(1) Exceptions- where similar acts may prove:

(a) Specific intent or knowledge
(b) Identity
(c) A plan, system or scheme
(d) A specific habit
(e) Established customs, usages and the like
b) Section 35. 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 the property.
(1) Complement to Civil Code on tender of payment which must however be
followed by consignation of the amount in court.
5. Testimonial Knowledge
a) Hearsay Evidence Rule – Section 36. Testimony generally confined to personal
knowledge, hearsay excluded. a person can only testify to those facts which he knows
of his personal knowledge; that is, which are derived from his own perception
b) Reason for the Rule: the party against whom it is presented is deprived of his right
and opportunity to cross-examine the persons to whom the statements or writings are
attributed. Thus, if a party does not object to the hearsay evidence, the same is
admissible, as a party can waive his right to cross-examine.
c) Independent Relevant Statements – Independent of whether the facts stated are true
or not, they are relevant since they re the facts in issue or are circumstantial evidence of
the facts in issue.
d) Exceptions:
(1) Section 37. Dying Declaration/Ante Mortem Statement -
(a) Requisites:
(i) That death is imminent and the declarant is conscious of that
fact;

(a) Considerations on imminent death:

(i) The words or statements of the declarant on the

same occasion;

(ii) His conduct at the time the declaration was

made;

(iii) The serious nature of the wounds as would

necessarily engender a belief on his part that he
would not survive therefrom.

(ii) That the declaration refers to the cause and surrounding

circumstances of such death;
(iii) That the declaration relates to the facts which the victim is
competent to testify for;

(iv) That the declaration is offered in a case wherein the

declarant’s death is the subject of the inquiry

(2) Section 38. Declaration Against Interest

(a) Requisites:

(i) declarant dead or unable to testify,

(ii) relates to a fact against the interest of the declarant,

(iii) at the time of the declaration, the declarant was aware that it
was against his interest.

(iv) declarant had no motive to falsify and believed such

declaration to be true

(3) Section 39. Act or Declaration About Pedigree –

The act or declaration of a person deceased, or unable to testify in respect to the
pedigree or another person related to him by birth or marriage, may be received in
evidence where it occurred before the controversy, and the relationship between the
two persons is shown by evidence other than such act or declaration. 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.

(4) Section 40. Family Reputation or Tradition Regarding

Pedigree – The reputation or tradition existing in a family previous to the
controversy, in respect to the pedigree of anyone of its members, may be received
in evidence if the witness testifying thereon be also a member of the family, either
by consanguinity or affinity. Entries in family bibles or other family books or
charts, engravings on rings, family portraits and the like, may be received in
evidence of pedigree.
(5) Section 41. Common Reputation – Common reputation existing previous to
the controversy, respecting facts of public or general interest more than thirty years
old, or respecting marriage or moral character, may be given in evidence.
Monuments and inscriptions in public places may be received as evidence of
common reputation.

(6) Section 42. Res Gestae (things done) Rule-

 (a) Kinds:

(i) Spontaneous statements in connection with a startling

occurrence relating to that fact and in fact forming a part thereof.

(a) Requisites:

(i) Principal act be a startling occurrence;

(ii) Statements forming part thereof were made

before the declarant had the opportunity to contrive

(iii) Statement refer to the occurrence in question

(ii) Statements accompanying an equivocal act/verbal acts.

(a) Requisites:

(i) Principal act must be equivocal

(ii) Such act must be material to the issue

(iii) The statements must accompany the verbal act

(iv) Statement give a legal significance to the

equivocal act.

(7) Section 43. Entries in the course of business:

(a) Requisites:

(i) The person who made the entry must be dead or unable to
testify.

(ii) The entries were made at or near the time of the transactions to
which they refer.

(iii) The entrant was in a position to know the facts stated in the
entries.

(iv) The entries were made in his professional capacity or in the

performance of a duty, whether legal, contractual, moral, of
religious.

(v) The entries were made in the ordinary or regular course of

business or duty.

(8) Section 44. Entries in Official Records.-

(a) _Requisites for admissibility:

(i) The entries were made by a public officer in the

performance of his duties or by a person in the performance of a
duty especially enjoined by law.

(ii) The entrant had personal knowledge of the facts stated by him
or such facts were acquired by him from reports made by persons
under a legal duty to submit the same.

(iii) Such entries were duly entered in a regular manner in the

official records.

(9) Section 45. Commercial list and the like.-

(10) Section 46. Learned treatises.-
(11) Section 47. Testimony or deposition at a former
proceeding.- (a)
Requisites:

(i) The witness is dead or unable to testify.

 (ii) His testimony or deposition was given in a former case or
proceeding, judicial or administrative, between the same parties or
those representing the same interest.

(iii) The former case involved the same subject as that in the
present case, although on different causes of action.

(iv) The issue testified to by the witness in the former trial is the
same issue involved in the present case.

(v) The adverse party had on opportunity to cross-examine the

witness in the former case.

6. Section 48. Opinion Rule-inadmissible

a) Exceptions:
(1) Section 49.-Expert Witness-
(a) when the matter requires expertise
(b) when the witness is proven to be an expert.
(2) Section 50.-Ordinary Witness, only when:
(a) identify of another person of whom he has Adequate knowledge;
(b) handwriting with which he has sufficient
Familiarity;
(c) mental sanity of a person with whom he is sufficient acquainted.
7. Section 51. Character Evidence – not admissible
a) Exceptions:
(1) Criminal cases -
(a) accused may prove his good moral character which is pertinent to the
moral trait involved in the offense;
(b) unless in rebuttal the prosecution may not prove the bad moral
character of an accused;
(c) good or bad moral 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) Civil Cases –
(a) Evidence of the moral character of a party in civil cases is admissible
only when pertinent to the issue of character involved in the case.
(3) In the case provided for in Rule 132, Section 14: Evidence of Good Character
of witness.- Evidence of the good character of the witness is not admissible until
such character has been impeached.

III. RULE 131 Burden of proof and presumptions

A. Section 1. Burden of Proof- obligation imposed upon a party who alleges the existence of facts
necessary for the prosecution of his action or defense to establish the same by the requisite quantum of
evidence.
1. Quantum of Evidence in Cases:
a) Criminal Cases:
(1) For the issuance of Warrant of Arrest – evidence of probable causes;
(2) For filing of information – prima facie evidence;
(3) For conviction – guilt beyond reasonable doubt.
b) Civil Cases – preponderance of evidence.
c) For charges judges –
(1) For misconduct – clear and convincing evidence.
(2) For removal – beyond reasonable doubt.
d) For agrarian cases - less than preponderance of evidence, as substantial evidence is
such relevant evidence as a reasonable mind might accept to support a conclusion.
2. Who has burden of Proof?
a) Civil Cases – on the who would be defeated if no evidence were given on either side,
thus, burdenof proof on the plaintiff with respect to his complaint, and the burden of
proof is on the defendant with respect to his counterclaim, and on the cross-claimant with
respect to his cross-claim,
b) Criminal Cases – prosecution.
3. Burden of Proof –
a) Does not shift as it remains during the trail
b) Determined by the pleadings filed
4. Burden of Evidence-
a) Shifts from party to party
 b) Determined by the developments of the cases wherein no evidence need not be
presented, i.e. judicial notice
B. What need to be proved:
1. Facts which are presumed:
a) Section 2. –Conclusive presumptions/Estoppel in pais –
(1) Whenever a party has, by his own declaration, act or omission, intentionally
and deliberately led another to believe a particular thing true, and to act upon such
belief, he cannot, in any litigation arising out of such declaration, act or omission,
be permitted to falsify it;
(2) ownership of the land by the landlord cannot be denied by the tenant at the
time of the relation.
b) Section 3. Disputable Presumptions

2. Rule 129
a) Facts of judicial notice:
(1) Section 1. Judicial Notice, when mandatory.-
Existence of territorial extent of states, political history, form of government and
symbols of nationality, law of nations, constitution and law of the Philippines,
official acts of legislative, executive and judicial departments of the Philippines,
laws of nature, measures of time, geographical subdivisions.
(2) Section 2. Judicial Notice, when discretionary.- of matters which are of
public knowledge, or are capable of unquestionable demonstration, or ought to be
kown to judges because of their judicial functions.
(3) Section 3. Judicial Notice, when hearing necessary.- During the trial, the
court, on its own initiative, or on request of a party, may announce its intention to
take judicial notice of any matter and allow the parties to be heard thereon. After
the trial, and before judgment or on appeal, the proper court, on its own initiative
or on request of a party, may take judicial notice and allow the parties to be hared
thereon if such matter is decisive of a material issued in the case.
3. Facts Judicially Admitted:
a) Section 4. An admission, verbal or written, made by a 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 no such admission
was made.

IV. RULE 132 Presentation of Evidence

A. Examination of Witness
1. Section 1. Examination to be done in open court.-
2. Section 2. Proceedings to be recorded.- note: tsn prima facie a correct statement of such
proceedings.
3. Section 3. Rights and Obligations of a Witness:
a) To be protected from irrelevant, improper or insulting question and from harsh or
insulting demeanor;
b) Not to be detained longer than the interest of justice.
c) Not to be examined as to matters not pertinent to the issue.
d) Not to given an answer that will incriminate him. (right against self-incrimination)
e) Not given an answer that will ruin his reputation (right against self-degradation),
unless it is the very fact at issue or to a fact from which the fact in issue would be
presumed. But a witness must answer to the fact of his previous final conviction for an
offense.
4. Section 4. Order of examination of a witness:
a) Section 5. Direct
b) Section 6. Cross
c) Section 7. Re-direct
d) Section 8. Re-cross
5. Section 5. Recalling witnesses. – After the examination of the witness by both sides has been
concluded, the witness cannot be recalled without leave of court. The court will grant or
withhold the leave in its discretion as the interest of justice may require.
6. Section 10. Leading and misleading questions.-
a) Leading Question. – A question which suggests to the witness the answer which the
examining party desires is a leading question. It is not allo0wed, except;
(1) On cross
(2) On preliminary matters
(3) When there is difficulty in getting direct and intelligible answers from a
witness who is ignorant, or child of tender years, or is of feeble mind, or a deaf
mute;
(4) Of an unwilling or hostile witness; or
 (5) Of a witness who is an adverse party or an officer, director, or managing agent
of a public or private corporation or of a partnership or association which is an
adverse party.
b) Misleading Question. – one which assumes as true a fact not yet testified to by the
witness, or contrary to that which he has previously stated. It is not allowed.
7. Section 11. Impeachment of adverse party’s witness.-
a) By contradictory evidence
b) By evidence that his general reputation for truth, honesty, or integrity is bad.
c) By Evidence that he has made at other times statement inconsistent with his present
testimony, but not by evidence of particular wrongful acts, except that it may be shown
by the examination of the witness, or the record of the judgment, that he has been
convicted of an offense.
(1) Impeachment by prior inconsistent statement can be done by laying the
predicate:
(a) By confronting him with such statement
(b) By asking him whether he has made such statement
(c) By giving him a chance to explain the inconsistency.
8. Section 14. Evidence of good character of a witness. – not admissible until such character has
been impeached.
9. Section 15. exclusion and separation of witnesses.-
10. Section 16. When witness may refer to memorandum.-
11. Section 17. When part of transaction or record given in evidence, the remainders is
admissible.
12. Section 18. Right to inspect writing shown to a witness.
B. Authentication & Proof of Documents
1. Section 19. Classes of documents:
a) Public-
(1) official and written acts;
(2) notarized documents;
(3) public records kept in the Philippines of private records required by law to be
entered therein .
b) Private – all other writings
2. Proof of Documents:
a) Authentication of Private Document:
(1) Section 20. Private Document – authenticity and due execution must be
proved, as follows:
(a) By the testimony of anyone who saw the document executed or
written; or
(b) By evidence of the genuineness of the signature or handwriting of the
maker.
(2) When evidence of authenticity of private document not necessary.-
(a) Section 21. Ancient Document.-

(i) Where it is more than thirty years old;

(ii) Produced from a custody in which it would naturally be found

if genuine;

(iii) Unblemished by any alteration or circumstances of suspicion

(b) Section 19. – when writing a public document or record

(c) Section 30. – when it is a national document acknowledged proved or
certified in accordance with section 30
(3) Section 22. How genuineness of handwriting proved:
(a) By witness who saw the person writing the instrument.
(b) By witness familiar with such handwriting, and he can give his
opinion thereon by way of exception of opinion rule
(c) Compassion by the court of the questioned handwriting and admitted
genuine specimens thereon
(d) By the expert evidence.
b) Public Document, how proved:
(1) Section 23. Public Documents as evidence.- Documents consisting of entries
in public records made in the performance of a duty by a public officer are prima
facie evidence of the fact therein stated. All other public documents are evidence,
even against a third person, of the fact of which gave rise to their execution and
the date of the latter.
(2) Section 24. Proof of official record.-
 (a) Official publication
(b) Copy attested by the officer having legal custody;
(c) When kept in a foreign country, certificate may be made by a
secretary of the embassy or legation, consul general, consul, vice consul,
or consular agent or by any officer in the foreign service of the Philippines
stationed in the foreign country in which the record is kept, and the
authenticated by the seal of the office.
(3) Section 25. What attestation copy must state. –
(a) That the copy is a correct copy of the original, or specific part thereof:
(b) Attestation must be under the official seal of the attesting officer, if
there be any, or of the clerk of a court having a seal.
(4) Section 26. Irremovability of a public record.- any public record, an official
copy of which is admissible in evidence, must not be removed from the office in
which it is kept, except upon order of a court where the inspection of the record is
essential to the just determination of a pending case.
(5) Section 27. Public record of a private document.- An authorized public record
of a private document may be proved by the original record, or by a copy thereof,
attested by the legal custodian of the record, with an appropriate certificate that
such officer has the custody.
(6) Section 28. Proof of the lack of record. – A written statement signed by an
officer having the custody of an official record or by his deputy that after diligent
search no record or entry of a specified tenor is found to exist in the record of his
office, accompanied by a certificate as above provided, is admissible as evidence
that the records of his office contain no such record or entry.
(7) Section 29. How judicial record impeached. – By evidence of:
(a) Want of jurisdiction in the court of judicial officer;
(b) Collusion between the parties, or
(c) Fraud in the party offering the record, in the respect to the
proceedings.
(8) Section 30. Prof of notarial documents. – Every instrument duly
acknowledgment or proved and certified being prima facie evidence of the
execution of the instrument or document involved.
(9) Section 31. Alterations in documents, how to explain. – The party producing
a document as genuine which has been altered and appears to have been altered
after its execution, in a part material to the question in dispute, must account for
the alteration. He may show that:
(a) the alteration was made with the consent of the parties affected by it, or
(b) was otherwise properly or innocently made, or
(c) that the alteration did not change the meaning or language of the
instrument. If he fails to do that the document shall not be admissible in
evidence.
(10) Section 32. Seal. – There shall be no difference between sealed and
unsealed private documents insofar as their admissibility as evidence is
concerned.
(11) Section 33. Documentary evidence in an unofficial language. – shall not
be admitted unless accompanied with a translation into English or Filipino. To
avoid interruption of proceedings, parties or their attorneys are directed to have
such translation prepared before trial.
C. Offer and Objection
1. Offer
a) Section 34. Offer of evidence. – the Court shall not consider evidence which has not
been formally offered; and the purpose of the evidence must be specified.
b) Section 35. When to make offer. –
(1) Testimonial – at the time witness is called to testify.
(2) Documentary and Object – after the presentation of a party’s testimonial
evidence. Such offer shall be done orally unless allowed by the court to be done
in writing.

2. Objection
a) Section 36. Objection. –
(1) Must be made immediately after the offer is made.
(2) Offer to a question propounded in the course of the oral examination of
witnesses shall be made as soon as the grounds therefore shall become reasonably
apparent.
(3) In any case, the grounds for the objection must be specified.
b) Section 36. When repetition of an objection unnecessary.
 - When is become reasonably apparent in the course of the examination of a witness that
the questions being propounded are of the same class as those to which the objection has
been made, whether such objection was sustained or overrules, it shall not be necessary to
repeat the objection, it being sufficient for the adverse party to record his continuing
objection to such class of questions.
3. Ruling (Section 38). – The ruling of the court must be given immediately after the objection
is made, unless the court desires to take reasonable time to inform itself on the question
presented; but the ruling shall always be made during the trial at such time as will give the party
against whom it is made an opportunity to meet the situation presented by the ruling.
4. Striking out answer (Section 39). –
a) Should a witness answer the question before the adverse party had the opportunity to
voice fully its objection to the same, and such objection is found to be meritorious, the
court shall sustain the objection and order the answer given to be stricken off the record.
b) On proper motion, the court may also order the striking out of answers which are
incompetent, irrelevant, or otherwise improper.
5. Tender of Excluded Evidence (Section 40). – If documents or things offered in evidence are
excluded by the court, the offeror may have the same attached to or made part of the record. If
the evidence excluded is oral, the offeror may state for the record the name and other personal
circumstances of the witness and the substance of the proposed testimony.

V. RULE 133 Weight & Sufficiency of Evidence

A. Quantum of Evidence in Civil Cases
1. Section 1. Preponderance of Evidence, how determined – In civil cases, the party having
the burden of proof must established his case by a preponderance of evidence. In determining
where the preponderance or superior weight of evidence on the issues involved lies, the court
may consider:
a) all the facts and circumstances of the case,
b) the witnesses manner of testifying:
(1) their intelligence,
(2) their means and opportunity of knowing the facts to which they are testifying,
(3) the nature of the facts to which they testify,
(4) the probability or improbability of their testimony,
(5) their interest or want of interest, and also
(6) their personal credibility so far as the same may legitimately appear upon the
trial.
c) The court may also consider the number of witnesses, though the preponderance is not
necessarily with the greater number.
B. Quantum of Evidence in Criminal Cases
1. Section 2. Proof beyond reasonable doubt – In a criminal case, the accused is entitled to an
acquittal, unless his guilt is shown beyond reasonable doubt.
2. Definition. Does not mean such degree of proof as, excluding possibility of error, produces
absolute certainty. Moral certainty only is required, or that degree of proof which produces
conviction in an unprejudiced mind.
C. Is an extra-judicial confession sufficient ground for conviction?
1. Section 3. Extrajudicial confession, not sufficient ground for conviction. – An
extrajudicial confession made by an accused, shall not be sufficient ground for conviction, unless
corroborated by evidence of corpus delicti.
2. What is corpus delicti? Means the actual commission by someone of a particular crime.
(People vs. Mones, et al., 58 Phil. 46)
a) Elements: (1) existence of a certain act; or result forming the basis of the criminal
charge; and (2) the existence of the criminal agency as the cause of the act or result.
b) Examples of corpus delicti:
(1) Theft- (a) loss of a personal thing by the owner; (b) loss by felonious taking.
(2) Illegal Possession of firearm: (a) existence of the firearm; (b) actually held by
the accused without the corresponding license.
D. Circumstantial Evidence
1. Section 4. Circumstantial evidence, when sufficient.-
a) If there is more than one circumstance.
b) The facts from which the inferences are derived are proven;
and
c) The combination of all the circumstances is such as to produce a conviction beyond
reasonable doubt.
2. Cases:
a) In order to convict an accused of a crime on the strength of circumstantial evidence
alone, it is incumbent upon the prosecution to present such circumstantial evidence which
will and must necessarily lead to the conclusion that the accused is guilty beyond
 reasonable doubt, excluding all and each and every reasonable doubt, consistent with his
innocence. (People vs. Tan-Choco, 76 Phil 463)
E. Substantial Evidence
1. Section 5. Substantial evidence. – In cases filed before administrative or quasi-judicial
bodies, a fact may be deemed established it is supported by substantial evidence, or that amount
of relevant evidence which a reasonable mind might accept as adequate to justify a conclusion.
F. Power of the court to stop further evidence.
1. Section 6. 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. But this power should be exercised with
caution.
G. Evidence on Motion
1. Section 7.- 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.