RULE 128 party, may take judicial notice of any matter and allow

General Provisions the parties to be heard thereon if such matter is

SECTION 1 . Evidence defined. — Evidence is the decisive of a material issue in the case. (n)
means, sanctioned by these rules, of ascertaining in a
judicial proceeding the truth respecting a matter of Sec. 4 . Judicial admissions. — An admission, verbal or
fact. (1) written, made by the party in the course of the
Sec. 2 . Scope. — The rules of evidence shall be the proceedings in the same case, does not require proof.
same in all courts and in all trials and hearings, except The admission may be contradicted only by showing
as otherwise provided by law or these rules. (2a) that it was made through palpable mistake or that no
Sec. 3 . Admissibility of evidence. — Evidence is such admission was made. (2a)
admissible when it is relevant to the issue and is not
excluded by the law of these rules. (3a) RULE 130
Sec. 4 . Relevancy; collateral matters. — Evidence Rules of Admissibility
must have such a relation to the fact in issue as to A. OBJECT (REAL) EVIDENCE
induce belief in its existence or non-existence. SECTION 1 . Object as evidence. — Objects as
Evidence on collateral matters shall not be allowed, evidence are those addressed to the senses of the
except when it tends in any reasonable degree to court. When an object is relevant to the fact in issue,
establish the probability or improbability of the fact in it may be exhibited to, examined or viewed by the
issue. (4a) court. (1a)

RULE 129 B. DOCUMENTARY EVIDENCE

What Need Not Be Proved Sec. 2 . Documentary evidence. — Documents as
SECTION 1 . Judicial notice, when mandatory. — A evidence consist of writing or any material containing
court shall take judicial notice, without the letters, words, numbers, figures, symbols or other
introduction of evidence, of the existence and modes of written expression offered as proof of their
territorial extent of states, their political history, contents. (n)
forms of government and symbols of nationality, the
law of nations, the admiralty and maritime courts of 1. BEST EVIDENCE RULE
the world and their seals, the political constitution Sec. 3 . Original document must be produced;
and history of the Philippines, the official acts of exceptions. — When the subject of inquiry is the
legislative, executive and judicial departments of the contents of a document, no evidence shall be
Philippines, the laws of nature, the measure of time, admissible other than the original document itself,
and the geographical divisions. (1a) except in the following cases:
(a)When the original has been lost or destroyed, or
Sec. 2 . Judicial notice, when discretionary. — A court cannot be produced in court, without bad faith on the
may take judicial notice of matters which are of public part of the offeror;
knowledge, or are capable to unquestionable (b)When the original is in the custody or under the
demonstration, or ought to be known to judges control of the party against whom the evidence is
because of their judicial functions. (1a) offered, and the latter fails to produce it after
reasonable notice;
Sec. 3 . Judicial notice, when hearing necessary. — (c)When the original consists of numerous accounts or
During the trial, the court, on its own initiative, or on other documents which cannot be examined in court
request of a party, may announce its intention to take without great loss of time and the fact sought to be
judicial notice of any matter and allow the parties to established from them is only the general result of the
be heard thereon. whole; and
(d)When the original is a public record in the custody
After the trial, and before judgment or on appeal, the of a public officer or is recorded in a public office. (2a)
proper court, on its own initiative or on request of a Sec. 4 . Original of document. —
(a)The original of the document is one the contents of successors in interest, no evidence of such terms
which are the subject of inquiry. other than the contents of the written agreement.
(b)When a document is in two or more copies However, a party may present evidence to modify,
executed at or about the same time, with identical explain or add to the terms of written agreement if he
contents, all such copies are equally regarded as puts in issue in his pleading:
originals. (a)An intrinsic ambiguity, mistake or imperfection in
(c)When an entry is repeated in the regular course of the written agreement;
business, one being copied from another at or near (b)The failure of the written agreement to express the
the time of the transaction, all the entries are likewise true intent and agreement of the parties thereto;
equally regarded as originals. (3a) (c)The validity of the written agreement; or
(d)The existence of other terms agreed to by the
2. SECONDARY EVIDENCE parties or their successors in interest after the
Sec. 5 . When original document is unavailable. — execution of the written agreement.
When the original document has been lost or The term "agreement" includes wills. (7a)
destroyed, or cannot be produced in court, the
offeror, upon proof of its execution or existence and 4. INTERPRETATION OF DOCUMENTS
the cause of its unavailability without bad faith on his Sec. 10 . Interpretation of a writingaccording to its
part, may prove its contents by a copy, or by a recital legal meaning. — The language of a writing is to be
of its contents in some authentic document, or by the interpreted according to the legal meaning it bears in
testimony of witnesses in the order stated. (4a) the place of its execution, unless the parties intended
otherwise. (8)
Sec. 6 . When original document is in adverse party's Sec. 11 . Instrument construed so as to give effect to
custody or control. — If the document is in the all provisions. — In the construction of an instrument,
custody or under the control of adverse party, he where there are several provisions or particulars, such
must have reasonable notice to produce it. If after a construction is, if possible, to be adopted as will give
such notice and after satisfactory proof of its effect to all. (9)
existence, he fails to produce the document, Sec. 12 . Interpretation according to intention; general
secondary evidence may be presented as in the case and particular provisions. — In the construction of an
of its loss. (5a) instrument, the intention of the parties is to be
pursued; and when a general and a particular
Sec. 7 . Evidence admissible when original document provision are inconsistent, the latter is paramount to
is a public record. — When the original of document the former. So a particular intent will control a general
is in the custody of public officer or is recorded in a one that is inconsistent with it. (10)
public office, its contents may be proved by a certified Sec. 13 . Interpretation according to circumstances. —
copy issued by the public officer in custody thereof. For the proper construction of an instrument, the
(2a) circumstances under which it was made, including the
situation of the subject thereof and of the parties to
Sec. 8 . Party who calls for document not bound to it, may be shown, so that the judge may be placed in
offer it. — A party who calls for the production of a the position of those who language he is to interpret.
document and inspects the same is not obliged to (11)
offer it as evidence. (6a) Sec. 14 . Peculiar signification of terms. — The terms
of a writing are presumed to have been used in their
3. PAROL EVIDENCE RULE primary and general acceptation, but evidence is
Sec. 9 .Evidence of written agreements. — When the admissible to show that they have a local, technical,
terms of an agreement have been reduced to writing, or otherwise peculiar signification, and were so used
it is considered as containing all the terms agreed and understood in the particular instance, in which
upon and there can be, between the parties and their case the agreement must be construed accordingly.
(12)
Sec. 15 . Written words control printed. — When an (b)Children whose mental maturity is such as to
instrument consists partly of written words and partly render them incapable of perceiving the facts
of a printed form, and the two are inconsistent, the respecting which they are examined and of relating
former controls the latter. (13) them truthfully. (19a)
Sec. 16 . Experts and interpreters to be used in Sec. 22 . Disqualification by reason of marriage. —
explaining certain writings. — When the characters in During their marriage, neither the husband nor the
which an instrument is written are difficult to be wife may testify for or against the other without the
deciphered, or the language is not understood by the consent of the affected spouse, except in a civil case
court, the evidence of persons skilled in deciphering by one against the other, or in a criminal case for a
the characters, or who understand the language, is crime committed by one against the other or the
admissible to declare the characters or the meaning latter's direct descendants or ascendants. (20a)
of the language. (14) Sec. 23 . Disqualification by reason of death or insanity
Sec. 17 . Of Two constructions, which preferred. — of adverse party. — Parties or assignor of parties to a
When the terms of an agreement have been intended case, or persons in whose behalf a case is prosecuted,
in a different sense by the different parties to it, that against an executor or administrator or other
sense is to prevail against either party in which he representative of a deceased person, or against a
supposed the other understood it, and when different person of unsound mind, upon a claim or demand
constructions of a provision are otherwise equally against the estate of such deceased person or against
proper, that is to be taken which is the most favorable such person of unsound mind, cannot testify as to any
to the party in whose favor the provision was made. matter of fact occurring before the death of such
(15) deceased person or before such person became of
Sec. 18 . Construction in favor of natural right. — unsound mind. (20a)
When an instrument is equally susceptible of two Sec. 24 . Disqualification by reason of privileged
interpretations, one in favor of natural right and the communication. — The following persons cannot
other against it, the former is to be adopted. (16) testify as to matters learned in confidence in the
Sec. 19 . Interpretation according to usage. —An following cases:
instrument may be construed according to usage, in (a)The husband or the wife, during or after the
order to determine its true character. (17) marriage, cannot be examined without the consent of
the other as to any communication received in
C. TESTIMONIAL EVIDENCE confidence by one from the other during the marriage
1. QUALIFICATION OF WITNESSES except in a civil case by one against the other, or in a
Sec. 20 . Witnesses; their qualifications. — Except as criminal case for a crime committed by one against
provided in the next succeeding section, all persons the other or the latter's direct descendants or
who can perceive, and perceiving, can make their ascendants;
known perception to others, may be witnesses. (b)An attorney cannot, without the consent of his
Religious or political belief, interest in the outcome of client, be examined as to any communication made by
the case, or conviction of a crime unless otherwise the client to him, or his advice given thereon in the
provided by law, shall not be ground for course of, or with a view to, professional employment,
disqualification. (18a) nor can an attorney's secretary, stenographer, or clerk
Sec. 21 . Disqualification by reason of mental be examined, without the consent of the client and his
incapacity or immaturity. — The following persons employer, concerning any fact the knowledge of
cannot be witnesses: which has been acquired in such capacity;
(a)Those whose mental condition, at the time of their (c)A person authorized to practice medicine, surgery
production for examination, is such that they are or obstetrics cannot in a civil case, without the
incapable of intelligently making known their consent of the patient, be examined as to any advice
perception to others; or treatment given by him or any information which
he may have acquired in attending such patient in a
professional capacity, which information was
necessary to enable him to act in capacity, and which may be given in evidence against such party after the
would blacken the reputation of the patient; partnership or agency is shown by evidence other
(d)A minister or priest cannot, without the consent of than such act or declaration. The same rule applies to
the person making the confession, be examined as to the act or declaration of a joint owner, joint debtor, or
any confession made to or any advice given by him in other person jointly interested with the party. (26a)
his professional character in the course of discipline Sec. 30 . Admission by conspirator. — The act or
enjoined by the church to which the minister or priest declaration of a conspirator relating to the conspiracy
belongs; and during its existence, may be given in evidence
(e)A public officer cannot be examined during his term against the co-conspirator after the conspiracy is
of office or afterwards, as to communications made to shown by evidence other than such act of declaration.
him in official confidence, when the court finds that (27)
the public interest would suffer by the disclosure. Sec. 31 . Admission by privies. — Where one derives
(21a) title to property from another, the act, declaration, or
omission of the latter, while holding the title, in
2. TESTIMONIAL PRIVILEGE relation to the property, is evidence against the
Sec. 25 . Parental and filial privilege. — No person former. (28)
may be compelled to testify against his parents, other Sec. 32 . Admission by silence. — An act or
direct ascendants, children or other direct declaration made in the presence and within the
descendants. (20a) hearing or observation of a party who does or says
nothing when the act or declaration is such as
3. ADMISSIONS AND CONFESSIONS naturally to call for action or comment if not true, and
Sec. 26 . Admission of a party. — The act, declaration when proper and possible for him to do so, may be
or omission of a party as to a relevant fact may be given in evidence against him. (23a)
given in evidence against him. (22) Sec. 33 . Confession. — The declaration of an accused
Sec. 27 . Offer of compromise not admissible. — In acknowledging his guilt of the offense charged, or of
civil cases, an offer of compromise is not an admission any offense necessarily included therein, may be
of any liability, and is not admissible in evidence given in evidence against him. (29a)
against the offeror.
In criminal cases, except those involving quasi- 4. PREVIOUS CONDUCT AS EVIDENCE
offenses (criminal negligence) or those allowed by law Sec. 34 . Similar acts as evidence. — Evidence that one
to be compromised, an offer of compromised by the did or did not do a certain thing at one time is not
accused may be received in evidence as an implied admissible to prove that he did or did not do the same
admission of guilt. or similar thing at another time; but it may be received
A plea of guilty later withdrawn, or an unaccepted to prove a specific intent or knowledge; identity, plan,
offer of a plea of guilty to lesser offense, is not system, scheme, habit, custom or usage, and the like.
admissible in evidence against the accused who made (48a)
the plea or offer. Sec. 35 . Unaccepted offer. — An offer in writing to
An offer to pay or the payment of medical, hospital or pay a particular sum of money or to deliver a written
other expenses occasioned by an injury is not instrument or specific personal property is, if rejected
admissible in evidence as proof of civil or criminal without valid cause, equivalent to the actual
liability for the injury. (24a) production and tender of the money, instrument, or
Sec. 28 . Admission by third party. — The rights of a property. (49a)
party cannot be prejudiced by an act, declaration, or
omission of another, except as hereinafter provided. 5. TESTIMONIAL KNOWLEDGE
(25a) Sec. 36 . Testimony generally confined to personal
knowledge; hearsay excluded. — A witness can
of the party within the scope of his authority and testify only to those facts which he knows of his
during the existence of the partnership or agency, personal knowledge; that is, which are derived from
his own perception, except as otherwise provided in public places may be received as evidence of common
these rules. (30a) reputation. (35)
Sec. 37 . Dying declaration. — The declaration of a Sec. 42 . Part of res gestae. — Statements made by a
dying person, made under the consciousness of an person while a starting occurrence is taking place or
impending death, may be received in any case immediately prior or subsequent thereto with respect
wherein his death is the subject of inquiry, as evidence to the circumstances thereof, may be given in
of the cause and surrounding circumstances of such evidence as part of res gestae. So, also, statements
death. (31a) accompanying an equivocal act material to the issue,
Sec. 38 . Declaration against interest. — The and giving it a legal significance, may be received as
declaration made by a person deceased, or unable to part of the res gestae. (36a)
testify, against the interest of the declarant, if the Sec. 43 . Entries in the course of business. — Entries
fact is asserted in the declaration was at the time it made at, or near the time of transactions to which
was made so far contrary to declarant's own interest, they refer, by a person deceased, or unable to testify,
that a reasonable man in his position would not have who was in a position to know the facts therein stated,
may be received as prima facie evidence, if such
made the declaration unless he believed it to be true,
person made the entries in his professional capacity
may be received in evidence against himself or his
or in the performance of duty and in the ordinary or
successors in interest and against third persons. regular course of business or duty. (37a)
(32a) Sec. 44 . Entries in official records. — Entries in official
EXCEPTIONS TO THE HEARSAY RULE records made in the performance of his duty by a
Sec. 39 . Act or declaration about pedigree. — The act public officer of the Philippines, or by a person in the
or declaration of a person deceased, or unable to performance of a duty specially enjoined by law, are
testify, in respect to the pedigree of another person prima facie evidence of the facts therein stated. (38)
related to him by birth or marriage, may be received Sec. 45 . Commercial lists and the like. — Evidence of
in evidence where it occurred before the controversy, statements of matters of interest to persons engaged
and the relationship between the two persons is in an occupation contained in a list, register,
shown by evidence other than such act or declaration. periodical, or other published compilation is
The word "pedigree" includes relationship, family admissible as tending to prove the truth of any
genealogy, birth, marriage, death, the dates when and relevant matter so stated if that compilation is
the places where these fast occurred, and the names published for use by persons engaged in that
of the relatives. It embraces also facts of family history occupation and is generally used and relied upon by
intimately connected with pedigree. (33a) them therein. (39)
Sec. 40 . Family reputation or tradition regarding Sec. 46 . Learned treatises. — A published treatise,
pedigree. — The reputation or tradition existing in a periodical or pamphlet on a subject of history, law,
family previous to the controversy, in respect to the science, or art is admissible as tending to prove the
pedigree of any one of its members, may be received truth of a matter stated therein if the court takes
in evidence if the witness testifying thereon be also a judicial notice, or a witness expert in the subject
member of the family, either by consanguinity or testifies, that the writer of the statement in the
affinity. Entries in family bibles or other family books treatise, periodical or pamphlet is recognized in his
or charts, engravings on rings, family portraits and the profession or calling as expert in the subject. (40a)
like, may be received as evidence of pedigree. (34a) Sec. 47 . Testimony or deposition at a former
Sec. 41 . Common reputation. — Common reputation proceeding. — The testimony or deposition of a
existing previous to the controversy, respecting facts witness deceased or unable to testify, given in a
of public or general interest more than thirty years former case or proceeding, judicial or administrative,
old, or respecting marriage or moral character, may involving the same parties and subject matter, may be
be given in evidence. Monuments and inscriptions in given in evidence against the adverse party who had
the opportunity to cross-examine him. (41a)
7. OPINION RULE
Sec. 48 . General rule. — The opinion of witness is not
admissible, except as indicated in the following
sections. (42)
Sec. 49 . Opinion of expert witness. — The opinion of
a witness on a matter requiring special knowledge,
skill, experience or training which he shown to posses,
may be received in evidence. (43a)
Sec. 50 . Opinion of ordinary witnesses. — The
opinion of a witness for which proper basis is given,
may be received in evidence regarding —
(a)the identity of a person about whom he has
adequate knowledge;
(b)A handwriting with which he has sufficient
familiarity; and
(c)The mental sanity of a person with whom he is
sufficiently acquainted.
The witness may also testify on his impressions of the
emotion, behavior, condition or appearance of a
person. (44a)

8. CHARACTER EVIDENCE
Sec. 51 . Character evidence not generally
admissible; exceptions: —
(a)In Criminal Cases:
(1)The accused may prove his good moral character
which is pertinent to the moral trait involved in the
offense charged.
(2)Unless in rebuttal, the prosecution may not prove
his bad moral character which is pertinent to the
moral trait involved in the offense charged.
(3)The 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.
(b)In Civil Cases:
Evidence of the moral character of a party in civil case
is admissible only when pertinent to the issue of
character involved in the case.
(c)In the case provided for in Rule 132, Section 14,
(46a, 47a)