RULE 132 (5) Not to give an answer which will

Presentation of Evidence tend to degrade his reputation, unless it to

be the very fact at issue or to a fact from
which the fact in issue would be
A. EXAMINATION OF WITNESSES presumed. But a witness must answer to
the fact of his previous final conviction for
an offense. (3a, 19a)
Section 1. Examination to be done in open
court. — The examination of witnesses
presented in a trial or hearing shall be Section 4. Order in the examination of an
done in open court, and under oath or individual witness. — The order in which
affirmation. Unless the witness is the individual witness may be examined is
incapacitated to speak, or the questions as follows;
calls for a different mode of answer, the (a) Direct examination by the
answers of the witness shall be given proponent;
orally. (1a) (b) Cross-examination by the
opponent;
(c) Re-direct examination by the
Section 2. Proceedings to be recorded. — proponent;
The entire proceedings of a trial or hearing, (d) Re-cross-examination by the
including the questions propounded to a opponent. (4)
witness and his answers thereto, the
statements made by the judge or any of the
parties, counsel, or witnesses with Section 5. Direct examination. — Direct
reference to the case, shall be recorded by examination is the examination-in-chief of
means of shorthand or stenotype or by a witness by the party presenting him on
other means of recording found suitable by the facts relevant to the issue. (5a)
the court.

A transcript of the record of the Section 6. Cross-examination; its purpose

proceedings made by the official and extent. — Upon the termination of the
stenographer, stenotypist or recorder and direct examination, the witness may be
certified as correct by him shall be cross-examined by the adverse party as to
deemed prima facie a correct statement of many matters stated in the direct
such proceedings. (2a) examination, or connected therewith, with
sufficient fullness and freedom to test his
accuracy and truthfulness and freedom
Section 3. Rights and obligations of a from interest or bias, or the reverse, and to
witness. — A witness must answer elicit all important facts bearing upon the
questions, although his answer may tend issue. (8a)
to establish a claim against him. However,
it is the right of a witness:
(1) To be protected from irrelevant, Section 7. Re-direct examination; its
improper, or insulting questions, and from purpose and extent. — After the cross-
harsh or insulting demeanor; examination of the witness has been
(2) Not to be detained longer than concluded, he may be re-examined by the
the interests of justice require; party calling him, to explain or
(3) Not to be examined except only supplement his answers given during the
as to matters pertinent to the issue; cross-examination. On re-direct-
(4) Not to give an answer which will examination, questions on matters not
tend to subject him to a penalty for an dealt with during the cross-examination,
offense unless otherwise provided by law; may be allowed by the court in its
or discretion. (12)
Section 8. Re-cross-examination. — Upon
the conclusion of the re-direct
examination, the adverse party may re-
cross-examine the witness on matters
stated in his re-direct examination, and
also on such other matters as may be
allowed by the court in its discretion. (13)

Section 9. Recalling witness. — After the

examination of a witness by both sides has
been concluded, the witness cannot be
recalled without leave of the court. The
court will grant or withhold leave in its
discretion, as the interests of justice may
require. (14)

Section 10. Leading and misleading

questions. — A question which suggests to
the witness the answer which the
examining party desires is a leading
question. It is not allowed, except:
(a) On cross examination;
(b) On preliminary matters;
(c) When there is a difficulty is
getting direct and intelligible answers from
a witness who is ignorant, or a child of
tender years, or is of feeble mind, or a deaf-
mute;
(d) Of an unwilling or hostile
witness; or
(e) 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.

A misleading question is 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.
(5a, 6a, and 8a)
Section 11. Impeachment of adverse  but such cross-examination must only
party's witness. be on the subject matter of his
A witness may be impeached by the examination-in-chief. (6a, 7a)
party against whom he was called,
 by contradictory evidence,
 by evidence that his general Section 13. How witness impeached by
reputation for truth, honestly, or evidence of inconsistent statements.
integrity is bad, or
 by evidence that he has made at  Before a witness can be impeached by
other times statements inconsistent evidence
with his present, testimony,  that he has made at other times
 but not by evidence of particular statements inconsistent with his
wrongful acts, present testimony,
 except that it may be shown by the  the statements must be related to him,
examination of the witness, or the  with the circumstances of the times
record of the judgment, and places and the persons present,
 that he has been convicted of an  and he must be asked whether he made
offense. (15) such statements,
 and if so, allowed to explain them.
 If the statements be in writing
Section 12. Party may not impeach his  they must be shown to the witness
own witness. before any question is put to him
Except with respect to witnesses referred concerning them. (16)
to in paragraphs (d) and (e) of Section 10,
the party producing a witness is not
allowed to impeach his credibility. Section 14. Evidence of good character of
witness. —Evidence of the good character
Section 10. Leading and misleading questions.
(d) Of an unwilling or hostile witness; or
of a witness is not admissible until such
(e) Of a witness who is an adverse party or character has been impeached. (17)
an officer, director, or managing agent of a public
or private corporation or of a partnership or
association which is an adverse party. Section 15. Exclusion and separation of
witnesses.
 A witness may be considered as
unwilling or hostile  On any trial or hearing,
 only if so declared by the court upon  the judge may exclude from the court
adequate showing any witness not at the time under
 of his adverse interest, examination,
 unjustified reluctance to testify,  so that he may not hear the testimony
 or his having misled the party into of other witnesses.
calling him to the witness stand.  The judge may also cause witnesses to
be kept separate
 The unwilling or hostile witness so  and to be prevented from conversing
declared, with one another until all shall have
 or the witness who is an adverse party, been examined. (18)
 may be impeached by the party
presenting him in all respects as if he
had been called by the adverse party, Section 16. When witness may refer to
 except by evidence of his bad character. memorandum.
 He may also be impeached and cross-
examined by the adverse party,  A witness may be allowed to refresh his
memory respecting a fact,
 by anything written or recorded by
himself
 or under his direction at the time when
the fact occurred,
 or immediately thereafter,
 or at any other time when the fact was
fresh in his memory
 and knew that the same was correctly
written or recorded;
 but in such case the writing or record
must be produced and may be
inspected by the adverse party,
 who may, if he chooses, cross examine
the witness upon it,
 and may read it in evidence.
 So, also, a witness may testify from
such writing or record,
 though he retain no recollection of the
particular facts, if he is able to swear
that the writing or record correctly
stated the transaction when made;
 but such evidence must be received
with caution. (10a)

Section 17. When part of transaction,

writing or record given in evidence, the
remainder, the remainder admissible.

 When part of an act, declaration,

conversation, writing or record
 is given in evidence by one party,
 the whole of the same subject may be
inquired into by the other,
 and when a detached act, declaration,
conversation, writing or record is given
in evidence,
 any other act, declaration,
conversation, writing or record
necessary to its understanding
 may also be given in evidence. (11a)

Section 18. Right to respect writing shown

to witness. — Whenever a writing is shown
to a witness, it may be inspected by the
adverse party. (9a)
 B. AUTHENTICATION AND PROOF OF has thus acquired knowledge of the
DOCUMENTS handwriting of such person. Evidence
respecting the handwriting may also be
given by a comparison, made by the
Section 19. Classes of Documents. — For witness or the court, with writings
the purpose of their presentation evidence, admitted or treated as genuine by the
documents are either public or private. party against whom the evidence is
Public documents are: offered, or proved to be genuine to the
(a) The written official acts, or satisfaction of the judge. (23a)
records of the official acts of the sovereign Section 23. Public documents as
authority, official bodies and tribunals, evidence. — Documents consisting of
and public officers, whether of the entries in public records made in the
Philippines, or of a foreign country; performance of a duty by a public officer
(b) Documents acknowledge before a are prima facie evidence of the facts
notary public except last wills and therein stated. All other public documents
testaments; and are evidence, even against a third person,
(c) Public records, kept in the of the fact which gave rise to their
Philippines, of private documents required execution and of the date of the latter.
by law to the entered therein. (24a)
Section 24. Proof of official record. — The
All other writings are private. (20a) record of public documents referred to in
paragraph (a) of Section 19, when
admissible for any purpose, may be
Section 20. Proof of private evidenced by an official publication thereof
document. — Before any private document or by a copy attested by the officer having
offered as authentic is received in the legal custody of the record, or by his
evidence, its due execution and deputy, and accompanied, if the record is
authenticity must be proved either: not kept in the Philippines, with a
(a) By anyone who saw the certificate that such officer has the
document executed or written; or custody. If the office in which the record is
(b) By evidence of the genuineness of kept is in foreign country, the certificate
the signature or handwriting of the may be made by a secretary of the
maker. embassy or legation, consul general,
Any other private document need only be consul, vice consul, or consular agent or
identified as that which it is claimed to be. by any officer in the foreign service of the
(21a) Philippines stationed in the foreign
Section 21. When evidence of authenticity country in which the record is kept, and
of private document not authenticated by the seal of his office.
necessary. — Where a private document is (25a)
more than thirty years old, is produced Section 25. What attestation of copy must
from the custody in which it would state. — Whenever a copy of a document
naturally be found if genuine, and is or record is attested for the purpose of
unblemished by any alterations or evidence, the attestation must state, in
circumstances of suspicion, no other substance, that the copy is a correct copy
evidence of its authenticity need be given. of the original, or a specific part thereof, as
(22a) the case may be. The attestation must be
Section 22. How genuineness of under the official seal of the attesting
handwriting proved. — The handwriting of officer, if there be any, or if he be the clerk
a person may be proved by any witness of a court having a seal, under the seal of
who believes it to be the handwriting of such court. (26a)
such person because he has seen the Section 26. Irremovability of public
person write, or has seen writing record. — Any public record, an official
purporting to be his upon which the copy of which is admissible in evidence,
witness has acted or been charged, and must not be removed from the office in
which it is kept, except upon order of a admissibility as evidence is concerned.
court where the inspection of the record is (33a)
essential to the just determination of a Section 33. Documentary evidence in an
pending case. (27a) unofficial language. — Documents written
Section 27. Public record of a private in an unofficial language shall not be
document. — An authorized public record admitted as evidence, unless accompanied
of a private document may be proved by with a translation into English or Filipino.
the original record, or by a copy thereof, To avoid interruption of proceedings,
attested by the legal custodian of the parties or their attorneys are directed to
record, with an appropriate certificate that have such translation prepared before
such officer has the custody. (28a) trial. (34a)
Section 28. Proof of lack of record. — A C. OFFER AND OBJECTION
written statement signed by an officer Section 34. Offer of evidence. — The court
having the custody of an official record or shall consider no evidence which has not
by his deputy that after diligent search no been formally offered. The purpose for
record or entry of a specified tenor is found which the evidence is offered must be
to exist in the records of his office, specified. (35)
accompanied by a certificate as above Section 35. When to make offer. — As
provided, is admissible as evidence that regards the testimony of a witness, the
the records of his office contain no such offer must be made at the time the witness
record or entry. (29) is called to testify.
Section 29. How judicial record Documentary and object evidence shall be
impeached. — Any judicial record may be offered after the presentation of a party's
impeached by evidence of: (a) want of testimonial evidence. Such offer shall be
jurisdiction in the court or judicial officer, done orally unless allowed by the court to
(b) collusion between the parties, or (c) be done in writing. (n)
fraud in the party offering the record, in Section 36. Objection. — Objection to
respect to the proceedings. (30a) evidence offered orally must be made
Section 30. Proof of notarial immediately after the offer is made.
documents. — Every instrument duly Objection to a question propounded in the
acknowledged or proved and certified as course of the oral examination of a witness
provided by law, may be presented in shall be made as soon as the grounds
evidence without further proof, the therefor shall become reasonably
certificate of acknowledgment being prima apparent.
facie evidence of the execution of the An offer of evidence in writing shall be
instrument or document involved. (31a) objected to within three (3) days after
Section 31. Alteration in document, how to notice of the unless a different period is
explain. — The party producing a allowed by the court.
document as genuine which has been In any case, the grounds for the objections
altered and appears to have been altered must be specified. (36a)
after its execution, in a part material to the Section 37. When repetition of objection
question in dispute, must account for the unnecessary. — When it becomes
alteration. He may show that the reasonably apparent in the course of the
alteration was made by another, without examination of a witness that the question
his concurrence, or was made with the being propounded are of the same class as
consent of the parties affected by it, or was those to which objection has been made,
otherwise properly or innocent made, or whether such objection was sustained or
that the alteration did not change the overruled, it shall not be necessary to
meaning or language of the instrument. If repeat the objection, it being sufficient for
he fails to do that, the document shall not the adverse party to record his continuing
be admissible in evidence. (32a) objection to such class of questions. (37a)
Section 32. Seal. — There shall be no Section 38. Ruling. — The ruling of the
difference between sealed and unsealed court must be given immediately after the
private documents insofar as their objection is made, unless the court desires
to take a reasonable time to inform itself consider the number of witnesses, though
on the question presented; but the ruling the preponderance is not necessarily with
shall always be made during the trial and the greater number. (1a)
at such time as will give the party against Section 2. Proof beyond reasonable
whom it is made an opportunity to meet doubt. — In a criminal case, the accused is
the situation presented by the ruling. entitled to an acquittal, unless his guilt is
The reason for sustaining or overruling an shown beyond reasonable doubt. Proof
objection need not be stated. However, if beyond reasonable doubt does not mean
the objection is based on two or more such a degree of proof, excluding
grounds, a ruling sustaining the objection possibility of error, produces absolute
on one or some of them must specify the certainly. Moral certainly only is required,
ground or grounds relied upon. (38a) or that degree of proof which produces
Section 39. Striking out conviction in an unprejudiced mind. (2a)
answer. — Should a witness answer the Section 3. Extrajudicial confession, not
question before the adverse party had the sufficient ground for conviction. — An
opportunity to voice fully its objection to extrajudicial confession made by an
the same, and such objection is found to accused, shall not be sufficient ground for
be meritorious, the court shall sustain the conviction, unless corroborated by
objection and order the answer given to be evidence of corpus delicti. (3)
stricken off the record. Section 4. Circumstantial evidence, when
On proper motion, the court may also sufficient. — Circumstantial evidence is
order the striking out of answers which are sufficient for conviction if:
incompetent, irrelevant, or otherwise (a) There is more than one
improper. (n) circumstances;
Section 40. Tender of excluded (b) The facts from which the
evidence. — If documents or things offered inferences are derived are proven;
in evidence are excluded by the court, the and
offeror may have the same attached to or (c) The combination of all the
made part of the record. If the evidence circumstances is such as to produce
excluded is oral, the offeror may state for a conviction beyond reasonable
the record the name and other personal doubt. (5)
circumstances of the witness and the Section 5. Substantial evidence. — In
substance of the proposed testimony. (n) cases filed before administrative or quasi-
judicial bodies, a fact may be deemed
RULE 133 established if it is supported by
Weight and Sufficiency of Evidence substantial evidence, or that amount of
Section 1. Preponderance of evidence, relevant evidence which a reasonable
how determined. — In civil cases, the mind might accept as adequate to justify a
party having burden of proof must conclusion. (n)
establish his case by a preponderance of Section 6. Power of the court to stop
evidence. In determining where the further evidence. — The court may stop
preponderance or superior weight of the introduction of further testimony upon
evidence on the issues involved lies, the any particular point when the evidence
court may consider all the facts and upon it is already so full that more
circumstances of the case, the witnesses' witnesses to the same point cannot be
manner of testifying, their intelligence, reasonably expected to be additionally
their means and opportunity of knowing persuasive. But this power should be
the facts to which there are testifying, the exercised with caution. (6)
nature of the facts to which they testify, Section 7. Evidence on motion. — When a
the probability or improbability of their motion is based on facts not appearing of
testimony, their interest or want of record the court may hear the matter on
interest, and also their personal credibility affidavits or depositions presented by the
so far as the same may legitimately appear respective parties, but the court may
upon the trial. The court may also
direct that the matter be heard wholly or
partly on oral testimony or depositions. (7)