4 1989 Rules on evidence.doc

8/12/2019 4 1989 Rules on evidence.doc

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[ 1989-07-01]

REVISED RULES ON EVIDENCE(RULES 128-134, RULES OF COURT)

Resolution dated March 14, 1989

Bar Matter No. 411. Re: Proposed Rules on Evidence as submitted by the Rules o !ourtRevision !ommittee on "u#ust $1% 1&'(. )he !ourt Resolved to *a+ "PPR,-E theProposed Rules on Evidence as submitted by the Rules o !ourt Revision !ommittee on"u#ust $1% 1&'( e ective uly 1% 1&'& and *b+ cause its P/B0 !") ,N immediately in the, icial 2a3ette and ne spapers o #eneral circulation. 5eliciano% .% is on leave.

PART IV

RULES ON EVIDENCE

RULE 128

G ! "#$ P"%&' '%!

SECTION 1 Evidence defined. Evidence is the means% sanctioned by these rules% oascertainin# in a 6udicial proceedin# the truth respectin# a matter o act. *1+

SEC 2 Scope. )he rules o evidence shall be the same in all courts and in all trials andhearin#s% e7cept as other ise provided by la or these rules. *8a+

SEC 3 Admissibility of evidence. Evidence is admissible hen it is relevant to the issueand is not e7cluded by the la or these rules. *$a+

SEC 4 Relevancy; collateral matters. Evidence must have such a relation to the act inissue as to induce belie in its e7istence or non9e7istence. Evidence on collateral matters shallnot be allo ed% e7cept hen it tends in any reasonable de#ree to establish the probability orimprobability o the act in issue. *4a+

RULE 129

*+# N N% . P"%&

SECTION 1 Judicial notice, when mandatory. " court shall ta e 6udicial notice% ithoutthe introduction o evidence% o the e7istence and territorial e7tent o states% their politicalhistory% orms o #overnment and symbols o nationality% the la o nations% the admiraltyand maritime courts o the orld and their seals% the political constitution and history o thePhilippines% the o icial acts o the le#islative% e7ecutive and 6udicial departments o thePhilippines% the la s o nature% the measure o time% and the #eo#raphical divisions. *1a+

SEC 2 Judicial notice, when discretionary. " court may ta e 6udicial notice o matters

hich are o public no led#e% or are capable o un;uestionable demonstration% or ou#ht to be no n to 6ud#es because o their 6udicial unctions. *1a+


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SEC 3 Judicial notice, when hearing necessary.


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public o ice. *8a+

SEC 4 Original of document.

*a+ )he ori#inal o a document is one the contents o hich are the sub6ect o in;uiry.

*b+ =hen a document is in t o or more copies e7ecuted at or about the same time% ithidentical contents% all such copies are e;ually re#arded as ori#inals.

*c+ =hen an entry is repeated in the re#ular course o business% one bein# copied romanother at or near the time o the transaction% all the entries are li e ise e;ually re#arded asori#inals. *$a+

8. ?E!,N


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*c+ )he validity o the ritten a#reement@ or

*d+ )he e7istence o other terms a#reed to by the parties or their successors in interest a terthe e7ecution o the ritten a#reement.

)he term a#reementD includes ills. *(a+

4. N)ERPRE)") ,N ,5


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SEC 18 &onstruction in favor of natural right. =hen an instrument is e;uallysusceptible o t o interpretations% one in avor o natural ri#ht and the other a#ainst it% the

ormer is to be adopted. *1 +

SEC 19 %nterpretation according to usage. "n instrument may be construed accordin# to

usa#e% in order to determine its true character. *1(+

!. )E?) M,N "0 E-


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ith a vie to% pro essional employment% nor can an attorneyGs secretary% steno#rapher% orcler be e7amined% ithout the consent o the client and his employer% concernin# any actthe no led#e o hich has been ac;uired in such capacity@

*c+ " person authori3ed to practice medicine% sur#ery or obstetrics cannot in a civil case%

ithout the consent o the patient% be e7amined as to any advice or treatment #iven by him orany in ormation hich he may have ac;uired in attendin# such patient in a pro essionalcapacity% hich in ormation as necessary to enable him to act in that capacity% and hich

ould blac en the reputation o the patient@

*d+ " minister or priest cannot% ithout the consent o the person ma in# the con ession% bee7amined as to any con ession made to or any advice #iven by him in his pro essionalcharacter in the course o discipline en6oined by the church to hich the minister or priest

belon#s@

*e+ " public o icer cannot be e7amined durin# his term o o ice or a ter ards% as tocommunications made to him in o icial con idence% hen the court inds that the publicinterest ould su er by the disclosure. *81a+

8. )E?) M,N "0 PR - 0E2E

SEC 2 $arental and filial privilege. No person may be compelled to testi y a#ainst his parents% other direct ascendants% children or other direct descendants. *8 a+

$. "


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a#ency% may be #iven in evidence a#ainst such party a ter the partnership or a#ency is sho n by evidence other than such act or declaration. )he same rule applies to the act or declarationo a 6oint o ner% 6oint debtor% or other person 6ointly interested ith the party. *8 a+

SEC 30 Admission by conspirator. )he act or declaration o a conspirator relatin# to the

conspiracy and durin# its e7istence% may be #iven in evidence a#ainst the co9conspirator a terthe conspiracy is sho n by evidence other than such act or declaration. *8(+

SEC 31 Admission by privies. =here one derives title to property rom another% the act%declaration% or omission o the latter% hile holdin# the title% in relation to the property% isevidence a#ainst the ormer. *8'+

SEC 32 Admission by silence. "n act or declaration made in the presence and ithin thehearin# or observation o a party ho does or says nothin# hen the act or declaration is suchas naturally to call or action or comment i not true% and hen proper and possible or him todo so% may be #iven in evidence a#ainst him. *8$a+

SEC 33 &onfession. )he declaration o an accused ac no led#in# his #uilt o the o ensechar#ed% or o any o ense necessarily included therein% may be #iven in evidence a#ainsthim. *8&a+

4. PRE- ,/? !,N R/0E

SEC 37 (ying declaration. )he declaration o a dyin# person% made under theconsciousness o an impendin# death% may be received in any case herein his death is thesub6ect o in;uiry% as evidence o the cause and surroundin# circumstances o such death.*$1a+

SEC 38 (eclaration against interest. )he declaration made by a person deceased% orunable to testi y% a#ainst the interest o the declarant% i the act asserted in the declaration


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as at the time it as made so ar contrary to declarantGs o n interest% that a reasonable manin his position ould not have made the declaration unless he believed it to be true% may bereceived in evidence a#ainst himsel or his successors in interest and a#ainst third persons.*$8a+

SEC 39 Act or declaration about pedigree. )he act or declaration o a person deceased% orunable to testi y% in respect to the pedi#ree o another person related to him by birth ormarria#e% may be received in evidence here it occurred be ore the controversy% and therelationship bet een the t o persons is sho n by evidence other than such act or declaration.)he ord pedi#reeD includes relationship% amily #enealo#y% birth% marria#e% death% the dates

hen the places here these acts occurred% and the names o the relatives. t embraces alsoacts o amily history intimately connected ith pedi#ree. *$$a+

SEC 40 -amily reputation or tradition regarding pedigree. )he reputation o traditione7istin# in a amily previous to the controversy% in respect to the pedi#ree o any one o itsmembers% may be received in evidence i the itness testi yin# thereon be also a member othe amily% either by consan#uinity or a inity. Entries in amily bibles or other amily boo sor charts% en#ravin#s on rin#s% amily portraits and the li e% may be received as evidence o

pedi#ree. *$4a+

SEC 41 &ommon reputation. !ommon reputation e7istin# previous to the controversy%respectin# acts o public or #eneral interest more than thirty years old% or respectin#marria#e or moral character% may be #iven in evidence. Monuments and inscriptions in public

places may be received as evidence o common reputation. *$A+

SEC 42 $art of the res gestae. ?tatements made by a person hile a startlin# occurrenceis ta in# place or immediately prior or subse;uent thereto ith respect to the circumstancesthereo % may be #iven in evidence as part o the res #estae. ?o% also% statementsaccompanyin# an e;uivocal act material to the issue% and #ivin# it a le#al si#ni icance% may

be received as part o the res #estae. *$ a+

SEC 43 Entries in the course of business. Entries made at% or near the time o thetransactions to hich they re er% by a person deceased% or unable to testi y% ho as in a

position to no the acts therein stated% may be received as prima acie evidence% i such person made the entries in his pro essional capacity or in the per ormance o duty and in theordinary or re#ular course o business or duty. *$(a+

SEC 44 Entries in official records. Entries in o icial records made in the per ormance ohis duty by a public o icer o the Philippines% or by a person in the per ormance o a dutyspecially en6oined by la % are prima acie evidence o the acts therein stated. *$'+

SEC 4 &ommercial lists and the li e. Evidence o statements o matters o interest to persons en#a#ed in an occupation contained in a list% re#ister% periodical% or other publishedcompilation is admissible as tendin# to prove the truth o any relevant matter so stated i thatcompilation is published or use by persons en#a#ed in that occupation and is #enerally usedand relied upon by them therein. *$&+

SEC 4 earned treatises. " published treatise% periodical or pamphlet on a sub6ect o

history% la % science or art is admissible as tendin# to prove the truth o a matter statedtherein i the court ta es 6udicial notice% or a itness e7pert in the sub6ect testi ies% that the


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riter o the statement in the treatise% periodical or pamphlet is reco#ni3ed in his pro essionor callin# as e7pert in the sub6ect. *4 a+

SEC 47 +estimony or deposition at a former proceeding. )he )estimony or deposition oa itnesses deceased or unable to testi y% #iven in a ormer case or proceedin#% 6udicial or

administrative% involvin# the same parties and sub6ect matter% may be #iven in evidencea#ainst the adverse party ho had the opportunity to cross9e7amine him. *41a+

(. ,P N ,N R/0E

SEC 48 /eneral rule. )he opinion o a itness is not admissible% e7cept as indicated inthe ollo in# sections. *48+

SEC 49 Opinion of e!pert witness. )he opinion o a itness on a matter re;uirin# specialno led#e% s ill% e7perience or trainin# hich he is sho n to possess% may be received in

evidence. *4$a+

SEC 0 Opinion of ordinary witnesses. )he opinion o a itness or hich proper basis is#iven% may be received in evidence re#ardin#

*a+ the identity o a person about hom he has ade;uate no led#e@

*b+ " hand ritin# ith hich he has su icient amiliarity@ and

*c+ )he mental sanity o a person ith hom he is su iciently ac;uainted.

)he itness may also testi y on his impressions o the emotion% behavior% condition orappearance o a person. *44a+

'. !C"R"!)ER E-


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*b+ n !ivil !ases:

Evidence o the moral character o a party in a civil case is admissible only hen pertinent tothe issue o character involved in the case.

*c+ n the case provided or in Rule 1$8% ?ection 14. *4 a% 4(a+

R/$ 131

5/" ! % P"%% #! P" / 6 '%!

SECTION 1 1urden of proof. J Burden o proo is the duty o a party to present evidenceon the acts in issue necessary to establish his claim or de ense by the amount o evidencere;uired by la . *1a% 8a+

SEC 2 &onclusive presumptions. J )he ollo in# are instances o conclusive presumptions:

*a+ =henever a party has% by his o n declaration% act% or omission% intentionally anddeliberately led another to believe a particular thin# true% and to act upon such belie % hecannot% in any liti#ation arisin# out o such declaration% act or omission% be permitted to

alsi y it@

*b+ )he tenant is not permitted to deny the title o his landlord at the time o thecommencement o the relation o landlord and tenant bet een them. *$a+

SEC 3 (isputable presumptions. J )he ollo in# presumptions are satis actory iuncontradicted% but may be contradicted and overcome by other evidence:

*a+ )hat a person is innocent o crime or ron#@

*b+ )hat an unla ul act as done ith an unla ul intent@

*c+ )hat a person intends the ordinary conse;uences o his voluntary act@

*d+ )hat a person ta es ordinary care o his concerns@

*e+ )hat evidence ill ully suppressed ould be adverse i produced@

* + )hat money paid by one to another as due to the latter@

*#+ )hat a thin# delivered by one to another belon#ed to the latter@

*h+ )hat an obli#ation delivered up to the debtor has been paid@

*i+ )hat prior rents or installments had been paid hen a receipt or the later ones is produced@

*6+ )hat a person ound in possession o a thin# ta en in the doin# o a recent ron# ul act is


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the ta er and the doer o the hole act@ other ise% that thin#s hich a person possesses% ore7ercises acts o o nership over% are o ned by him@

* + )hat a person in possession o an order on himsel or the payment o the money% or thedelivery o anythin#% has paid the money or delivered the thin# accordin#ly@

*l+ )hat a person actin# in a public o ice as re#ularly appointed or elected to it@

*m+ )hat o icial duty has been re#ularly per ormed@

*n+ )hat a court% or 6ud#e actin# as such% hether in the Philippines or else here% as actin#in the la ul e7ercise o 6urisdiction@

*o+ )hat all the matters ithin an issue raised in a case ere laid be ore the court and passedupon by it@ and in li e manner that all matters ithin an issue raised in a dispute submitted orarbitration ere laid be ore the arbitrators and passed upon by them@

*p+ )hat private transactions have been air and re#ular@

*;+ )hat the ordinary course o business has been ollo ed@

*r+ )hat there as a su icient consideration or a contract@

*s+ )hat a ne#otiable instrument as #iven or indorsed or a su icient consideration@

*t+ )hat an indorsement o a ne#otiable instrument as made be ore the instrument asoverdue and at the place here the instrument is dated@

*u+ )hat a ritin# is truly dated@

*v+ )hat a letter duly directed and mailed as received in the re#ular course o the mail@

* + )hat a ter an absence o seven years% it bein# un no n hether or not the absentee stilllives% he is considered dead or all purposes% e7cept or those o succession.

)he absentee shall not be considered dead or the purpose o openin# his succession till a ter

an absence o ten years. he disappeared a ter the a#e o seventy9 ive years% an absence oive years shall be su icient in order that his succession may be opened.

)he ollo in# shall be considered dead or all purposes includin# the division o the estateamon# the heirs:

1. " person on board a vessel lost durin# a sea voya#e% or an aircra t hich ismissin#% ho has not been heard o or our years since the loss o the vesselor aircra t@

8. " member o the armed orces ho has ta en part in armed hostilities% and has been missin# or our years@


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$. " person ho has been in dan#er o death under other circumstances andhose e7istence has not been no n or our years@

4. a married person has been absent or our consecutive years% the spouse present may contract a subse;uent marria#e i he or she has a ell9 ounded

belie that the absent spouse is already dead. n case o disappearance% herethere is dan#er o death under the circumstances hereinabove provided% anabsence o only t o years shall be su icient or the purpose o contractin# asubse;uent marria#e. Co ever% in any case% be ore marryin# a#ain% the spouse

present must institute a summary proceedin# as provided in the 5amily !odeand in the rules or a declaration o presumptive death o the absentee% ithout

pre6udice to the e ect o reappearance o the absent spouse.

*7+ )hat ac;uiescence resulted rom a belie that the thin# ac;uiesced in as con ormable to

the la or act@

*y+ )hat thin#s have happened accordin# to the ordinary course o nature and the ordinaryhabits o li e@

*3+ )hat persons actin# as copartners have entered into a contract o copartnership@

*aa+ )hat a man and oman deportin# themselves as husband and i e have entered into ala ul contract o marria#e@

*bb+ )hat property ac;uired by a man and a oman ho are capacitated to marry each otherand ho live e7clusively ith each other as husband and i e ithout the bene it o marria#eor under a void marria#e% has been obtained by their 6oint e orts% or or industry.

*cc+ )hat in cases o cohabitation by a man and a oman ho are not capacitated to marryeach other and ho have ac;uired property throu#h their actual 6oint contribution o money%

property or industry% such contributions and their correspondin# shares includin# 6ointdeposits o money and evidences o credit are e;ual.

*dd+ )hat i the marria#e is terminated and the mother contracted another marria#e ithinthree hundred days a ter such termination o the ormer marria#e% these rules shall #overn inthe absence o proo to the contrary:

1. " child born be ore one hundred ei#hty days a ter the solemni3ation o thesubse;uent marria#e is considered to have been conceived durin# the ormermarria#e% provided it be born ithin three hundred days a ter the terminationo the ormer marria#e@

8. " child born a ter one hundred ei#hty days ollo in# the celebration o thesubse;uent mana#e is considered to have been conceived durin# such

marria#e% even thou#h it be born ithin the three hundred days a ter thetermination o the ormer marria#e.


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*ee+ )hat a thin# once proved to e7ist continues as lon# as is usual ith thin#s o that nature@

* + )hat the la has been obeyed@

*##+ )hat a printed or published boo % purportin# to be printed or published by publicauthority% as so printed or published@

*hh+ )hat a printed or published boo % purportin# to contain reports o cases ad6ud#ed intribunals o the country here the boo is published% contains correct reports o such cases@

*ii+ )hat a trustee or other person hose duty it as to convey real property to a particular person has actually conveyed it to him hen such presumption is necessary to per ect the titleo such person or his successor in interest@

*66+ )hat e7cept or purposes o succession% hen t o persons perish in the same calamity%such as rec % battle% or con la#ration% and it is not sho n ho died irst% and there are no

particular circumstances rom hich it can be in erred% the survivorship is determined romthe probabilities resultin# rom the stren#th and a#e o the se7es% accordin# to the ollo in#rules:

1. both ere under the a#e o i teen years% the older is deemed to havesurvived@

8. both ere above the a#e o si7ty% the youn#er is deemed to have survived@

$. one is under i teen and the other above si7ty% the ormer is deemed to havesurvived@

4. both be over i teen and under si7ty% and the se7 be di erent% the male isdeemed to have survived@ i the se7 be the same% the older@

A. one be under i teen or over si7ty% and the other bet een those a#es% thelatter is deemed to have survived.

* + )hat i there is a doubt% as bet een t o or more persons ho are called to succeed eachother% as to hich o them died irst% hoever alle#es the death o one prior to the other% shall

prove the same@ in the absence o proo % they shall be considered to have died at the sametime. *Aa+

SEC 4 2o presumption of legitimacy or illegitimacy. J )here is no presumption ole#itimacy or ille#itimacy o a child born a ter three hundred days ollo in# the dissolution

o the marria#e or the separation o the spouses. =hoever alle#es the le#itimacy orille#itimacy o such child must prove his alle#ation. * +


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RULE 132

P" ! # '%! % E&' !

A E A INATION OF *ITNESSES

SECTION 1 E!amination to be done in open court. J )he e7amination o itnesses presented in a trial or hearin# shall be done in open court% and under oath or a irmation./nless the itness is incapacitated to spea % or the ;uestion calls or a di erent mode oans er% the ans ers o the itness shall be #iven orally. *1a+

SEC 2 $roceedings to be recorded. J )he entire proceedin#s o a trial or hearin#% includin#the ;uestions propounded to a itness and his ans ers thereto% the statements made by the

6ud#e or any o the parties% counsel% or itnesses ith re erence to the case% shall be recorded by means o shorthand or stenotype or by other means o recordin# ound suitable by thecourt.

" transcript o the record o the proceedin#s made by the o icial steno#rapher% stenotypist orrecorder and certi ied as correct by him shall be deemed prima acie a correct statement osuch proceedin#s. *8a+

SEC 3 Rights and obligations of a witness. J " itness must ans er ;uestions% althou#hhis ans er may tend to establish a claim a#ainst him. Co ever% it is the ri#ht o a itness:

1. )o be protected rom irrelevant% improper% or insultin# ;uestions% and rom harsh orinsultin# demeanor@

8. Not to be detained lon#er than the interests o 6ustice re;uire@

$. Not to be e7amined e7cept only as to matters pertinent to the issue@

4. Not to #ive an ans er hich ill tend to sub6ect him to a penalty or an o enseunless other ise provided by la @ or

A. Not to #ive an ans er hich ill tend to de#rade his reputation% unless it be to thevery act at issue or to a act rom hich the act in issue ould be presumed. But a

itness must ans er to the act o his previous inal conviction or an o ense. *$a%1&a+

SEC 4 Order in the e!amination of an individual witness. J )he order in hich anindividual itness may be e7amined is as ollo s:

*a+


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*d+ Re9cross9e7amination by the opponent. *4+

SEC (irect e!amination. J


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times statements inconsistent ith his present testimony% but not by evidence o particularron# ul acts% e7cept that it may be sho n by the e7amination o the itness% or the record o

the 6ud#ment% that he has been convicted o an o ense. *1A+

SEC 12 $arty may not impeach his own witness. J E7cept ith respect to itnesses

re erred to in para#raphs *d+ and *e+ o ?ection 1 % the party producin# a itness is notallo ed to impeach his credibility.

" itness may be considered as un illin# or hostile only i so declared by the court uponade;uate sho in# o his adverse interest% un6usti ied reluctance to testi y% or his havin#misled the party into callin# him to the itness stand.

)he un illin# or hostile itness so declared% or the itness ho is an adverse party% may beimpeached by the party presentin# him in all respects as i he had been called by the adverse

party% e7cept by evidence o his bad character. Ce may also be impeached and cross9e7amined by the adverse party% but such cross9e7amination must only be on the sub6ectmatter o his e7amination9in9chie . * a% (a+

SEC 13 4ow witness impeached by evidence of inconsistent statements. JBe ore a itnesscan be impeached by evidence that he has made at other times statements inconsistent ithhis present testimony% the statements must be related to him% ith the circumstances o thetimes and places and the persons present% and he must be as ed hether he made suchstatements% and i so% allo ed to e7plain them. the statements be in ritin# they must besho n to the itness be ore any ;uestion is put to him concernin# them. *1 +

SEC 14 Evidence of good character of witness. J Evidence o the #ood character o aitness is not admissible until such character has been impeached. *1(+

SEC 1 E!clusion and separation of witnesses. J ,n any trial or hearin#% the 6ud#e maye7clude rom the court any itness not at the time under e7amination% so that he may not hearthe testimony o other itnesses. )he 6ud#e may also cause itnesses to be ept separate andto be prevented rom conversin# ith one another until all shall have been e7amined. *1'+

SEC 1 "hen witness may refer to memorandum. J " itness may be allo ed to re reshhis memory respectin# a act% by anythin# ritten or recorded by himsel or under hisdirection at the time hen the act occurred% or immediately therea ter% or at any other time

hen the act as resh in his memory and he ne that the same as correctly ritten or

recorded@ but in such case the ritin# or record must be produced and may be inspected bythe adverse party% ho may% i he chooses% cross9e7amine the itness upon it% and may read itin evidence. ?o% also% a itness may testi y rom such a ritin# or record% thou#h he retain norecollection o the particular acts% i he is able to s ear that the ritin# or record correctlystated the transaction hen made@ but such evidence must be received ith caution. *1 a+

SEC 17 "hen part of transaction, writing or record given in evidence, the remainderadmissible. J =hen part o an act% declaration% conversation% ritin# or record is #iven inevidence by one party% the hole o the same sub6ect may be in;uired into by the other% and

hen a detached act% declaration% conversation% ritin# or record is #iven in evidence% anyother act% declaration% conversation% ritin# or record necessary to its understandin# may also

be #iven in evidence. *11a+


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SEC 18 Right to inspect writing shown to witness. J =henever a ritin# is sho n to aitness% it may be inspected by the adverse party. *&a+

B. "/)CEN) !") ,N "N< PR,,5 ,5


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*a+ o ?ection 1&% hen admissible or any purpose% may be evidenced by an o icial publication thereo or by a copy attested by the o icer havin# the le#al custody o the record%or by his deputy% and accompanied% i the record is not ept in the Philippines% ith acerti icate that such o icer has the custody. the o ice in hich the record is ept is in a

orei#n country% the certi icate may be made by a secretary o the embassy or le#ation% consul

#eneral% consul% vice consul% or consular a#ent or by any o icer in the orei#n service o thePhilippines stationed in the orei#n country in hich the record is ept% and authenticated bythe seal o his o ice. *8Aa+

SEC 2 "hat attestation of copy must state. J =henever a copy o a document or recordis attested or the purpose o evidence% the attestation must state% in substance% that the copy isa correct copy o the ori#inal% or a speci ic part thereo % as the case may be. )he attestationmust be under the o icial seal o the attestin# o icer% i there be any% or i he be the cler o acourt havin# a seal% under the seal o such court. *8 a+

SEC 2 %rremovability of public record. J "ny public record% an o icial copy o hich isadmissible in evidence% must not be removed rom the o ice in hich it is ept% e7cept uponorder o a court here the inspection o the record is essential to the 6ust determination o a

pendin# case. *8(a+

SEC 27 $ublic record of a private document. J "n authori3ed public record o a privatedocument may be proved by the ori#inal record% or by a copy thereo % attested by the le#alcustodian o the record% ith an appropriate certi icate that such o icer has the custody. *8'a+

SEC 28 $roof of lac of record. J " ritten statement si#ned by an o icer havin# thecustody o an o icial record or by his deputy that a ter dili#ent search no record or entry o aspeci ied tenor is ound to e7ist in the records o his o ice% accompanied by a certi icate asabove provided% is admissible as evidence that the records o his o ice contain no such recordor entry. *8&+

SEC 29 4ow udicial record impeached. J "ny 6udicial record may be impeached byevidence o : *a+ ant o 6urisdiction in the court or 6udicial o icer% *b+ collusion bet een the

parties% or *c+ raud in the party o erin# the record% in respect to the proceedin#s. *$ a+

SEC 30 $roof of notarial documents. J Every instrument duly ac no led#ed or provedand certi ied as provided by la % may be presented in evidence ithout urther proo % thecerti icate o ac no led#ment bein# prima acie evidence o the e7ecution o the instrument

or document involved. *$1a+

SEC 31 Alterations in document, how to e!plain. J )he party producin# a document as#enuine hich has been altered and appears to have been altered a ter its e7ecution% in a partmaterial to the ;uestion in dispute% must account or the alteration. Ce may sho that thealteration as made by another% ithout his concurrence% or as made ith the consent o the

parties a ected by it% or as other ise properly or innocently made% or that the alteration didnot chan#e the meanin# or lan#ua#e o the instrument. he ails to do that% the documentshall not be admissible in evidence. *$8a+

SEC 32 Seal. J)here shall be no di erence bet een sealed and unsealed private documents

inso ar as their admissibility as evidence is concerned. *$$a+


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K BK?E!. $$. Documentary evidence in an unofficial language. J


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,n proper motion% the court may also order the stri in# out o ans ers hich areincompetent% irrelevant% or other ise improper. *n+

SEC 40 +ender of e!cluded evidence. J documents or thin#s o ered in evidence aree7cluded by the court% the o eror may have the same attached to or made part o the record.

the evidence e7cluded is oral% the o eror may state or the record the name and other personal circumstances o the itness and the substance o the proposed testimony. *n+

RULE 133

*EIG:T AND SUFFICIENC; OF EVIDENCE

SECTION 1 $reponderance of evidence, how determined. J n civil cases% the partyhavin# the burden o proo must establish his case by a preponderance o evidence. ndeterminin# here the preponderance or superior ei#ht o evidence on the issues involvedlies% the court may consider all the acts and circumstances o the case% the itnessesL mannero testi yin#% their intelli#ence% their means and opportunity o no in# the acts to hichthey are testi yin#% the nature o the acts to hich they testi y% the probability orimprobability o their testimony% their interest or ant o interest% and also their personalcredibility so ar as the same may le#itimately appear upon the trial. )he court may alsoconsider the number o itnesses% thou#h the preponderance is not necessarily ith the#reater number. *1a+

SEC 2 $roof beyond reasonable doubt. J n a criminal case% the accused is entitled to anac;uittal% unless his #uilt is sho n beyond reasonable doubt. Proo beyond reasonable doubtdoes not mean such a de#ree o proo as% e7cludin# possibility o error% produces absolutecertainty. Moral certainty only is re;uired% or that de#ree o proo hich produces convictionin an unpre6udiced mind. *8a+

SEC 3 E!tra udicial confession, not sufficient ground for conviction. J "n e7tra6udicialcon ession made by an accused% shall not be su icient #round or conviction% unlesscorroborated by evidence o corpus delicti. *$+

SEC 4 &ircumstantial evidence, when sufficient. J !ircumstantial evidence is su icientor conviction i :

*a+ )here is more than one circumstance@*b+ )he acts rom hich the in erences are derived are proven@ and

*c+ )he combination o all the circumstances is such as to produce a conviction beyondreasonable doubt. *A+

SEC Substantial evidence. J n cases tiled be ore administrative or ;uasi96udicial bodies%a act maybe deemed established i it is supported by substantial evidence% or that amount orelevant evidence hich a reasonable mind mi#ht accept as ade;uate to 6usti y a conclusion.*n+

SEC $ower of the court to stop further evidence. J )he court may stop the introduction


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o urther testimony upon any particular point hen the evidence upon it is already so ullthat more itnesses to the same point cannot be reasonably e7pected to be additionally

persuasive. But this po er should be e7ercised ith caution. * +

SEC 7 Evidence on motion. J =hen a motion is based on acts not appearin# o record the

court may hear the matter on a idavits or depositions presented by the respective parties% butthe court may direct that the matter be heard holly or partly on oral testimony ordepositions. *(+.

RULE 134[1]

P "6 /# '%! % T ' %!

SECTION 1 $etition. J " person ho desires to perpetuate his o n testimony or that oanother person re#ardin# any matter that may be co#ni3able in any court o the Philippines%may ile a veri ied petition in the court o the province o the residence o any e7pectedadverse party.

SEC 2 &ontents of petition. J )he petition shall be entitled in the name o the petitionerand shall sho : *a+ that the petitioner e7pects to be a party to an action in a court o thePhilippines but is presently unable to brin# it or cause it to be brou#ht@ *b+ the sub6ect mattero the e7pected action and his interest therein@ *c+ the acts hich he desires to establish bythe proposed testimony and his reasons or desirin# to perpetuate it@ *d+ the names or adescription o the persons he e7pects ill be adverse parties and their addresses so ar as

no n@ and *e+ the names and addresses o the persons to be e7amined and the substance othe testimony hich he e7pects to elicit rom each% and shall as or an order authori3in# the

petitioner to ta e the depositions o the persons to be e7amined named in the petition or the purpose o perpetuatin# their testimony.

SEC 3 2otice and service. J )he petitioner shall therea ter serve a notice upon each personnamed in the petition as an e7pected adverse party% to#ether ith a copy o the petition%statin# that the petitioner ill apply to the court% at a time and place named therein% or theorder described in the petition. "t least t enty *8 + days be ore the date o hearin# the noticeshall be served in the manner provided or service o summons.

SEC 4 Order of e!amination. J t the court is satis ied that the perpetuation o the

testimony may prevent a ailure or delay o 6ustice% it shall ma e an order desi#natin# ordescribin# the persons hose deposition may be ta en and speci yin# the sub6ect matter othe e7amination% and hether the depositions shall be ta en upon oral e7amination or ritteninterro#atories. )he depositions may then be ta en in accordance ith Rule 84 be ore thehearin#.

SEC Reference to court. 9J 5or the purpose o applyin# Rule 84 to depositions or perpetuatin# testimony% each re erence therein to the court in hich the action is pendin#shall be deemed to re er to the court in hich the petition or such deposition as iled.

SEC *se of deposition. J a deposition to perpetuate testimony is ta en under this rule%

or i % althou#h not so ta en% it ould be admissible in evidence% it may be used in anyaction .involvin# the same sub6ect matter subse;uently brou#ht in accordance ith the


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provisions o ?ections 4 and A o Rule 84.

SEC 7 (epositions pending appeal. J an appeal has been ta en rom a 6ud#ment o theRe#ional )rial !ourt or be ore the ta in# o an appeal i the time there or has not e7pired% theRe#ional )rial !ourt in hich the 6ud#ment as rendered may allo the ta in# o

depositions o itnesses to perpetuate their testimony or use in the event o urther proceedin#s in the said court. n such case the party ho desires to perpetuate the testimonymay ma e a motion in the said Re#ional )rial !ourt or leave to ta e the depositions% uponthe same notice and service thereo as i the action as pendin# therein. )he motion shallsho *a+ the names and addresses o the persons to be e7amined and the substance o thetestimony hich he e7pects to elicit rom each@ and *b+ the reason or perpetuatin# theirtestimony. the court inds that the perpetuation o the testimony is proper to avoid a ailureor delay o 6ustice% it may ma e an order allo in# the depositions to be ta en% and thereuponthe depositions may be ta en and used in the same manner and under the same conditions asare prescribed in these rules or depositions ta en in actions pendin# in the Re#ional )rial!ourt. *(a+

1 )his rule ill be transposed to Part o the Rules o !ourt on

Documents

4 1989 Rules on evidence.doc