REVISED RULES ON EVIDENCE (Rules 128-134, Rules of Court) AS AMENDED PER RESOLUTION ADOPTED ON MARCH 14, 1989 PART

IV RULES OF EVIDENCE RULE 128 General Pro !"!on" Se#$!on 1% Evidence defined% Evidence is the means, sanctioned b ascertainin! in a "udicial #roceedin! the truth res#ectin! a matter of fact$ (1) these rules, of

Se#$!on 2% Scope% %he rules of evidence shall be the same in all courts and in all trials and hearin!s, e&ce#t as other'ise #rovided b la' or these rules$ (2a) Se#$!on &% Admissibility of evidence% Evidence is admissible 'hen it is issue and is 2) not e&cluded b the la' of these rules$ (3a) 1) relevant to the

Se#$!on 4% Relevancy' collateral matters% Evidence must have such a relation to the fact in issue as to induce belief in its e&istence or non-e&istence$ Evidence on collateral matters shall not be allo'ed, e&ce#t 'hen it tends in an reasonable de!ree to establish the #robabilit or im#robabilit of the fact in issue$ (4a) RULE 129 ()a$ Nee* No$ +e Pro e* Se#$!on 1% Judicial notice, when mandatory % ( court shall ta)e "udicial notice, 'ithout the introduction of evidence, of the e&istence and territorial e&tent of states, their #olitical histor , forms of !overnment and s mbols of nationalit , the la' of nations, the admiralt and maritime courts of the 'orld and their seals, the #olitical constitution and histor of the *hili##ines, the official acts of le!islative, e&ecutive and "udicial de#artments of the *hili##ines, the la's of nature, the measure of time, and the !eo!ra#hical divisions$ (1a) Se#$!on 2% Judicial notice, when discretionary % ( court ma ta)e "udicial notice of matters 'hich are of #ublic )no'led!e, or are ca#able to un+uestionable demonstration, or ou!ht to be )no'n to "ud!es because of their "udicial functions$ (1a) Se#$!on &% Judicial notice, when hearing necessary % ,urin! the trial, the court, on its o'n initiative, or on re+uest of a #art , ma announce its intention to ta)e "udicial notice of an matter and allo' the #arties to be heard thereon$ (fter the trial, and before "ud!ment or on a##eal, the #ro#er court, on its o'n initiative or on re+uest of a #art , ma ta)e "udicial notice of an matter and allo' the #arties to be heard thereon if such matter is decisive of a material issue in the case$ (n) Se#$!on 4% Judicial admissions% (n admission, verbal or 'ritten, made b the #art in the course of the #roceedin!s in the same case, does not re+uire #roof$ %he admission ma be contradicted onl b sho'in! that it 'as made throu!h #al#able mista)e or that no such admission 'as made$ (2a)

RULE 1&, R-le" o. A*/!""!0!l!$1 A% O+2ECT 3REAL4 EVIDENCE Se#$!on 1% Object as evidence% -b"ects as evidence are those addressed to the senses of the court$ .hen an ob"ect is relevant to the fact in issue, it ma be e&hibited to, e&amined or vie'ed b the court$ (1a) +% DOCUMENTAR5 EVIDENCE Se#$!on 2% Documentary evidence% ,ocuments as evidence consist of 'ritin! or an material containin! letters, 'ords, numbers, fi!ures, s mbols or other modes of 'ritten e&#ression offered as #roof of their contents$ (n) 1% +e"$ E !*en#e R-le

Se#$!on &% Original document must be produced ' e ceptions% .hen the sub"ect of in+uir is the contents of a document, no evidence shall be admissible other than the ori!inal document itself, e&ce#t in the follo'in! cases/ (a).hen the ori!inal has been lost or destro ed, or cannot be #roduced in court, 'ithout bad faith on the #art of the offeror0 (b) .hen the ori!inal is in the custod or under the control of the #art evidence is offered, and the latter fails to #roduce it after reasonable notice0 a!ainst 'hom the

(c) .hen the ori!inal consists of numerous accounts or other documents 'hich cannot be e&amined in court 'ithout !reat loss of time and the fact sou!ht to be established from them is onl the !eneral result of the 'hole0 and (d) .hen the ori!inal is a #ublic record in the custod of a #ublic officer or is recorded in a #ublic office$ (2a) Se#$!on 4% Original of document% (a) %he ori!inal of the document is one the contents of 'hich are the sub"ect of in+uir $ (b) .hen a document is in t'o or more co#ies e&ecuted at or about the same time, 'ith identical contents, all such co#ies are e+uall re!arded as ori!inals$ (c) .hen an entr is re#eated in the re!ular course of business, one bein! co#ied from another at or near the time of the transaction, all the entries are li)e'ise e+uall re!arded as ori!inals$ (3a) 2% Se#on*ar1 E !*en#e

Se#$!on 6% !hen original document is unavailable % .hen the ori!inal document has been lost or destro ed, or cannot be #roduced in court, the offeror, u#on #roof of its e&ecution or e&istence and the cause of its unavailabilit 'ithout bad faith on his #art, ma #rove its contents b / 1) a co# , 2) or b a recital of its contents in some authentic document, 3) or b the testimon of 'itnesses in the order stated$ (4a) Se#$!on 7% !hen original document is in adverse party"s custody or control % 1f the document is in the custod or under the control of adverse #art , he must have reasonable notice

to #roduce it$ 1f after such notice and after satisfactor #roof of its e&istence, he fails to #roduce the document, secondar evidence ma be #resented as in the case of its loss$ (2a) Se#$!on 8% Evidence admissible when original document is a public record % .hen the ori!inal of document is in the custod of #ublic officer or is recorded in a #ublic office, its contents ma be #roved b a certified co# issued b the #ublic officer in custod thereof$ (2a) Se#$!on 8% #arty who calls for document not bound to offer it% ( #art 'ho calls for the #roduction of a document and ins#ects the same is not obli!ed to offer it as evidence$ (3a) &% Parol E !*en#e R-le

Se#$!on 9% E !*en#e o. 9r!$$en a:ree/en$"% .hen the terms of an a!reement have been reduced to 'ritin!, it is considered as containin! all the terms a!reed u#on and there can be, bet'een the #arties and their successors in interest, no evidence of such terms other than the contents of the 'ritten a!reement$ 4o'ever, a #art ma #resent evidence to modif , e&#lain or add to the terms of 'ritten a!reement if he #uts in issue in his #leadin!/ 3CODE; MIVA4 (a) (n intrinsic ambi!uit , mista)e or im#erfection in the 'ritten a!reement0 (b) %he failure of the 'ritten a!reement to e&#ress the true intent and a!reement of the #arties thereto0 (c) %he validit of the 'ritten a!reement0 or (d) %he e&istence of other terms a!reed to b the #arties or their successors in interest after the e&ecution of the 'ritten a!reement$ %he term 5a!reement5 includes 'ills$ (6a) 4% In$er<re$a$!on O. Do#-/en$" Se#$!on 1,% $nterpretation of a writing according to its legal meaning % %he lan!ua!e of a 'ritin! is to be inter#reted accordin! to the le!al meanin! it bears in the #lace of its e&ecution, unless the #arties intended other'ise$ (8) Se#$!on 11% $nstrument construed so as to give effect to all provisions % 1n the construction of an instrument, 'here there are several #rovisions or #articulars, such a construction is, if #ossible, to be ado#ted as 'ill !ive effect to all$ (7) Se#$!on 12% $nterpretation according to intention' general and particular provisions % 1n the construction of an instrument, the intention of the #arties is to be #ursued0 and 'hen a !eneral and a #articular #rovision are inconsistent, the latter is #aramount to the former$ 8o a #articular intent 'ill control a !eneral one that is inconsistent 'ith it$ (19) Se#$!on 1&% $nterpretation according to circumstances % :or the #ro#er construction of an instrument, the circumstances under 'hich it 'as made, includin! the situation of the sub"ect thereof and of the #arties to it, ma be sho'n, so that the "ud!e ma be #laced in the #osition of those 'ho lan!ua!e he is to inter#ret$ (11) Se#$!on 14% #eculiar signification of terms % %he terms of a 'ritin! are #resumed to have been used in their #rimar and !eneral acce#tation, but evidence is admissible to sho' that the have a local, technical, or other'ise #eculiar si!nification, and 'ere so used and understood in the #articular instance, in 'hich case the a!reement must be construed accordin!l $ (12)

Se#$!on 16% !ritten words control printed% .hen an instrument consists #artl of 'ritten 'ords and #artl of a #rinted form, and the t'o are inconsistent, the former controls the latter$ (13) Se#$!on 17% E perts and interpreters to be used in e plaining certain writings % .hen the characters in 'hich an instrument is 'ritten are difficult to be deci#hered, or the lan!ua!e is not understood b the court, the evidence of #ersons s)illed in deci#herin! the characters, or 'ho understand the lan!ua!e, is admissible to declare the characters or the meanin! of the lan!ua!e$ (14) Se#$!on 18% Of %wo constructions, which preferred% .hen the terms of an a!reement have been intended in a different sense b the different #arties to it, that sense is to #revail a!ainst either #art in 'hich he su##osed the other understood it, and 'hen different constructions of a #rovision are other'ise e+uall #ro#er, that is to be ta)en 'hich is the most favorable to the #art in 'hose favor the #rovision 'as made$ (12) Se#$!on 18% &onstruction in favor of natural right % .hen an instrument is e+uall susce#tible of t'o inter#retations, one in favor of natural ri!ht and the other a!ainst it, the former is to be ado#ted$ (13) Se#$!on 19% $nterpretation according to usage% (n instrument ma be construed accordin! to usa!e, in order to determine its true character$ (16) C% TESTIMONIAL EVIDENCE 1% =-al!.!#a$!on o. (!$ne""e" Se#$!on 2,% !itnesses' their 'ualifications% E&ce#t as #rovided in the ne&t succeedin! section, all #ersons 'ho can #erceive, and #erceivin!, can ma)e their )no'n #erce#tion to others, ma be 'itnesses$ Reli!ious or #olitical belief, interest in the outcome of the case, or conviction of a crime unless other'ise #rovided b la', shall not be !round for dis+ualification$ (18a) Se#$!on 21% Dis'ualification by reason of mental incapacity or immaturity % %he follo'in! #ersons cannot be 'itnesses/ (a) %hose 'hose mental condition, at the time of their #roduction for e&amination, is such that the are inca#able of intelli!entl ma)in! )no'n their #erce#tion to others0 (b) Children 'hose mental maturit is such as to render them inca#able of #erceivin! the facts res#ectin! 'hich the are e&amined and of relatin! them truthfull $ (17a) Se#$!on 22% Dis'ualification by reason of marriage % ,urin! their marria!e, neither the husband nor the 'ife ma testif for or a!ainst the other 'ithout the consent of the affected s#ouse, e&ce#t in a civil case b one a!ainst the other, or in a criminal case for a crime committed b one a!ainst the other or the latter;s direct descendants or ascendants$ (29a) Se#$!on 2&% Dis'ualification by reason of death or insanity of adverse party % *arties or assi!nor of #arties to a case, or #ersons in 'hose behalf a case is #rosecuted, a!ainst an e&ecutor or administrator or other re#resentative of a deceased #erson, or a!ainst a #erson of unsound mind, u#on a claim or demand a!ainst the estate of such deceased #erson or a!ainst such #erson of unsound mind, cannot testif as to an matter of fact occurrin! before the death of such deceased #erson or before such #erson became of unsound mind$ (29a) Se#$!on 24% Dis'ualification by reason of privileged communication % %he follo'in! #ersons cannot testif as to matters learned in confidence in the follo'in! cases/

(a) %he husband or the 'ife, durin! or after the marria!e, cannot be e&amined 'ithout the consent of the other as to an communication received in confidence b one from the other durin! the marria!e e&ce#t in a civil case b one a!ainst the other, or in a criminal case for a crime committed b one a!ainst the other or the latter;s direct descendants or ascendants0 (b) (n attorne cannot, 'ithout the consent of his client, be e&amined as to an communication made b the client to him, or his advice !iven thereon in the course of, or 'ith a vie' to, #rofessional em#lo ment, nor can an attorne ;s secretar , steno!ra#her, or cler) be e&amined, 'ithout the consent of the client and his em#lo er, concernin! an fact the )no'led!e of 'hich has been ac+uired in such ca#acit 0 (c) ( #erson authori<ed to #ractice medicine, sur!er or obstetrics cannot in a civil case, 'ithout the consent of the #atient, be e&amined as to an advice or treatment !iven b him or an information 'hich he ma have ac+uired in attendin! such #atient in a #rofessional ca#acit , 'hich information 'as necessar to enable him to act in ca#acit , and 'hich 'ould blac)en the re#utation of the #atient0 (d) ( minister or #riest cannot, 'ithout the consent of the #erson ma)in! the confession, be e&amined as to an confession made to or an advice !iven b him in his #rofessional character in the course of disci#line en"oined b the church to 'hich the minister or #riest belon!s0 (e) ( #ublic officer cannot be e&amined durin! his term of office or after'ards, as to communications made to him in official confidence, 'hen the court finds that the #ublic interest 'ould suffer b the disclosure$ (21a) 2% Te"$!/on!al Pr! !le:e Se#$!on 26% #arental and filial privilege% =o #erson ma be com#elled to testif a!ainst his #arents, other direct ascendants, children or other direct descendants$ (29a) &% A*/!""!on" an* Con.e""!on" Se#$!on 27% Admission of a party% %he act, declaration or omission of a #art as to a relevant fact ma be !iven in evidence a!ainst him$ (22) Se#$!on 28% Offer of compromise not admissible % 1n civil cases, an offer of com#romise is not an admission of an liabilit , and is not admissible in evidence a!ainst the offeror$ 1n criminal cases, e&ce#t those involvin! +uasi-offenses (criminal ne!li!ence) or those allo'ed b la' to be com#romised, an offer of com#romised b the accused ma be received in evidence as an im#lied admission of !uilt$ ( #lea of !uilt later 'ithdra'n, or an unacce#ted offer of a #lea of !uilt to lesser offense, is not admissible in evidence a!ainst the accused 'ho made the #lea or offer$ (n offer to #a or the #a ment of medical, hos#ital or other e&#enses occasioned b an in"ur is not admissible in evidence as #roof of civil or criminal liabilit for the in"ur $ (24a) Se#$!on 28% Admission by third party% %he ri!hts of a #art cannot be #re"udiced b an act, declaration, or omission of another, e&ce#t as hereinafter #rovided$ (22a) Se#$!on 29% Admission by co(partner or agent% %he act or declaration of a #artner or a!ent of the #art 'ithin the sco#e of his authorit and durin! the e&istence of the #artnershi# or a!enc , ma be !iven in evidence a!ainst such #art after the #artnershi# or a!enc is sho'n b

evidence other than such act or declaration$ %he same rule a##lies to the act or declaration of a "oint o'ner, "oint debtor, or other #erson "ointl interested 'ith the #art $ (23a) Se#$!on &,% Admission by conspirator% %he act or declaration of a cons#irator relatin! to the cons#irac and durin! its e&istence, ma be !iven in evidence a!ainst the co-cons#irator after the cons#irac is sho'n b evidence other than such act of declaration$ (26) Se#$!on &1% Admission by privies% .here one derives title to #ro#ert from another, the act, declaration, or omission of the latter, 'hile holdin! the title, in relation to the #ro#ert , is evidence a!ainst the former$ (28) Se#$!on &2% Admission by silence% (n act or declaration made in the #resence and 'ithin the hearin! or observation of a #art 'ho does or sa s nothin! 'hen the act or declaration is such as naturall to call for action or comment if not true, and 'hen #ro#er and #ossible for him to do so, ma be !iven in evidence a!ainst him$ (23a) Se#$!on &&% &onfession$ %he declaration of an accused ac)no'led!in! his !uilt of the offense char!ed, or of an offense necessaril included therein, ma be !iven in evidence a!ainst him$ (27a) 4% Pre !o-" Con*-#$ a" E !*en#e Se#$!on &4% Similar acts as evidence% Evidence that one did or did not do a certain thin! at one time is not admissible to #rove that he did or did not do the same or similar thin! at another time0 but it ma be received to #rove a s#ecific intent or )no'led!e0 identit , #lan, s stem, scheme, habit, custom or usa!e, and the li)e$ (48a) Se#$!on &6% )naccepted offer% (n offer in 'ritin! to #a a #articular sum of mone or to deliver a 'ritten instrument or s#ecific #ersonal #ro#ert is, if re"ected 'ithout valid cause, e+uivalent to the actual #roduction and tender of the mone , instrument, or #ro#ert $ (47a) 6% Te"$!/on!al >no9le*:e Se#$!on &7% %estimony generally confined to personal *nowledge ' hearsay e cluded% ( 'itness can testif onl to those facts 'hich he )no's of his #ersonal )no'led!e0 that is, 'hich are derived from his o'n #erce#tion, e&ce#t as other'ise #rovided in these rules$ (39a) 7% E?#e<$!on" To T)e Hear"a1 R-le Se#$!on &8% Dying declaration% %he declaration of a d in! #erson, made under the consciousness of an im#endin! death, ma be received in an case 'herein his death is the sub"ect of in+uir , as evidence of the cause and surroundin! circumstances of such death$ (31a) Se#$!on &8% Declaration against interest% %he declaration made b a #erson deceased, or unable to testif , a!ainst the interest of the declarant, if the fact is asserted in the declaration 'as at the time it 'as made so far contrar to declarant;s o'n interest, that a reasonable man in his #osition 'ould not have made the declaration unless he believed it to be true, ma be received in evidence a!ainst himself or his successors in interest and a!ainst third #ersons$ (32a) Se#$!on &9% Act or declaration about pedigree% %he act or declaration of a #erson deceased, or unable to testif , in res#ect to the #edi!ree of another #erson related to him b birth or marria!e, ma be received in evidence 'here it occurred before the controvers , and the relationshi# bet'een the t'o #ersons is sho'n b evidence other than such act or declaration$ %he 'ord 5#edi!ree5 includes relationshi#, famil !enealo! , birth, marria!e, death, the dates 'hen and the #laces 'here these fast occurred, and the names of the relatives$ 1t embraces also facts of famil histor intimatel connected 'ith #edi!ree$ (33a)

Se#$!on 4,% +amily reputation or tradition regarding pedigree % %he re#utation or tradition e&istin! in a famil #revious to the controvers , in res#ect to the #edi!ree of an one of its members, ma be received in evidence if the 'itness testif in! thereon be also a member of the famil , either b consan!uinit or affinit $ Entries in famil bibles or other famil boo)s or charts, en!ravin!s on rin!s, famil #ortraits and the li)e, ma be received as evidence of #edi!ree$ (34a) Se#$!on 41% &ommon reputation% Common re#utation e&istin! #revious to the controvers , res#ectin! facts of #ublic or !eneral interest more than thirt ears old, or res#ectin! marria!e or moral character, ma be !iven in evidence$ >onuments and inscri#tions in #ublic #laces ma be received as evidence of common re#utation$ (32) Se#$!on 42% #art of res gestae% 8tatements made b a #erson 'hile a startin! occurrence is ta)in! #lace or immediatel #rior or subse+uent thereto 'ith res#ect to the circumstances thereof, ma be !iven in evidence as #art of res gestae$ 8o, also, statements accom#an in! an e+uivocal act material to the issue, and !ivin! it a le!al si!nificance, ma be received as #art of the res gestae$ (33a) Se#$!on 4&% Entries in the course of business% Entries made at, or near the time of transactions to 'hich the refer, b a #erson deceased, or unable to testif , 'ho 'as in a #osition to )no' the facts therein stated, ma be received as prima facie evidence, if such #erson made the entries in his #rofessional ca#acit or in the #erformance of dut and in the ordinar or re!ular course of business or dut $ (36a) Se#$!on 44% Entries in official records% Entries in official records made in the #erformance of his dut b a #ublic officer of the *hili##ines, or b a #erson in the #erformance of a dut s#eciall en"oined b la', are prima facie evidence of the facts therein stated$ (38) Se#$!on 46% &ommercial lists and the li*e% Evidence of statements of matters of interest to #ersons en!a!ed in an occu#ation contained in a list, re!ister, #eriodical, or other #ublished com#ilation is admissible as tendin! to #rove the truth of an relevant matter so stated if that com#ilation is #ublished for use b #ersons en!a!ed in that occu#ation and is !enerall used and relied u#on b them therein$ (37) Se#$!on 47% ,earned treatises% ( #ublished treatise, #eriodical or #am#hlet on a sub"ect of histor , la', science, or art is admissible as tendin! to #rove the truth of a matter stated therein if the court ta)es "udicial notice, or a 'itness e&#ert in the sub"ect testifies, that the 'riter of the statement in the treatise, #eriodical or #am#hlet is reco!ni<ed in his #rofession or callin! as e&#ert in the sub"ect$ (49a) Se#$!on 48% %estimony or deposition at a former proceeding % %he testimon or de#osition of a 'itness deceased or unable to testif , !iven in a former case or #roceedin!, "udicial or administrative, involvin! the same #arties and sub"ect matter, ma be !iven in evidence a!ainst the adverse #art 'ho had the o##ortunit to cross-e&amine him$ (41a) 8% O<!n!on R-le Se#$!on 48% -eneral rule% %he o#inion of 'itness is not admissible, e&ce#t as indicated in the follo'in! sections$ (42) Se#$!on 49% Opinion of e pert witness% %he o#inion of a 'itness on a matter re+uirin! s#ecial )no'led!e, s)ill, e&#erience or trainin! 'hich he sho'n to #osses, ma be received in evidence$ (43a) Se#$!on 6,% Opinion of ordinary witnesses% %he o#inion of a 'itness for 'hich #ro#er basis is !iven, ma be received in evidence re!ardin! (a) the identit of a #erson about 'hom he has ade+uate )no'led!e0

(b) ( hand'ritin! 'ith 'hich he has sufficient familiarit 0 and (c) %he mental sanit of a #erson 'ith 'hom he is sufficientl ac+uainted$ %he 'itness ma also testif a##earance of a #erson$ (44a) 8% C)ara#$er E !*en#e Se#$!on 61% &haracter evidence not generally admissible' e ceptions; (a) 1n Criminal Cases/ (1) %he accused ma #rove his !ood moral character 'hich is #ertinent to the moral trait involved in the offense char!ed$ (2) ?nless in rebuttal, the #rosecution ma not #rove his bad moral character 'hich is #ertinent to the moral trait involved in the offense char!ed$ (3) %he !ood or bad moral character of the offended #art ma be #roved if it tends to establish in an reasonable de!ree the #robabilit or im#robabilit of the offense char!ed$ (b) 1n Civil Cases/ Evidence of the moral character of a #art in civil case is admissible onl 'hen #ertinent to the issue of character involved in the case$ (c) 1n the case #rovided for in Rule 132, 8ection 14, (43a, 46a) on his im#ressions of the emotion, behavior, condition or

RULE 1&1 +-r*en o. Proo. an* Pre"-/<$!on" Se#$!on 1% .urden of proof/ @urden of #roof is the dut of a #art to #resent evidence on the facts in issue necessar to establish his claim or defense b the amount of evidence re+uired b la'$ (1a, 2a) Se#$!on 2% &onclusive presumptions% %he follo'in! are instances of conclusive #resum#tions/ (a) .henever a #art has, b his o'n declaration, act, or omission, intentionall and deliberatel led to another to believe a #articular thin! true, and to act u#on such belief, he cannot, in an liti!ation arisin! out of such declaration, act or omission, be #ermitted to falsif it/ (b) %he tenant is not #ermitted to den the title of his landlord at the time of commencement of the relation of landlord and tenant bet'een them$ (3a) Se#$!on &% Disputable presumptions% %he follo'in! #resum#tions are satisfactor uncontradicted, but ma be contradicted and overcome b other evidence/ (a) %hat a #erson is innocent of crime or 'ron!0 if

(b) %hat an unla'ful act 'as done 'ith an unla'ful intent0 (c) %hat a #erson intends the ordinar conse+uences of his voluntar act0 (d) %hat a #erson ta)es ordinar care of his concerns0 (e) %hat evidence 'illfull su##ressed 'ould be adverse if #roduced0 (f) %hat mone #aid b one to another 'as due to the latter0 (!) %hat a thin! delivered b one to another belon!ed to the latter0 (h) %hat an obli!ation delivered u# to the debtor has been #aid0 (i) %hat #rior rents or installments had been #aid 'hen a recei#t for the later one is #roduced0 (") %hat a #erson found in #ossession of a thin! ta)en in the doin! of a recent 'ron!ful act is the ta)er and the doer of the 'hole act0 other'ise, that thin!s 'hich a #erson #ossess, or e&ercises acts of o'nershi# over, are o'ned b him0 ()) %hat a #erson in #ossession of an order on himself for the #a ment of the mone , or the deliver of an thin!, has #aid the mone or delivered the thin! accordin!l 0 (l) %hat a #erson actin! in a #ublic office 'as re!ularl a##ointed or elected to it0 (m) %hat official dut has been re!ularl #erformed0 (n) %hat a court, or "ud!e actin! as such, 'hether in the *hili##ines or else'here, 'as actin! in the la'ful e&ercise of "urisdiction0 (o) %hat all the matters 'ithin an issue raised in a case 'ere laid before the court and #assed u#on b it0 and in li)e manner that all matters 'ithin an issue raised in a dis#ute submitted for arbitration 'ere laid before the arbitrators and #assed u#on b them0 (#) %hat #rivate transactions have been fair and re!ular0 (+) %hat the ordinar course of business has been follo'ed0 (r) %hat there 'as a sufficient consideration for a contract0 (s) %hat a ne!otiable instrument 'as !iven or indorsed for a sufficient consideration0 (t) %hat an endorsement of ne!otiable instrument 'as made before the instrument 'as overdue and at the #lace 'here the instrument is dated0 (u) %hat a 'ritin! is trul dated0 (v) %hat a letter dul directed and mailed 'as received in the re!ular course of the mail0 (') %hat after an absence of seven ears, it bein! un)no'n 'hether or not the absentee still lives, he is considered dead for all #ur#oses, e&ce#t for those of succession$

%he absentee shall not be considered dead for the #ur#ose of o#enin! his succession till after an absence of ten ears$ 1f he disa##eared after the a!e of sevent -five ears, an absence of five ears shall be sufficient in order that his succession ma be o#ened$ %he follo'in! shall be considered dead for all #ur#oses includin! the division of the estate amon! the heirs/ (1) ( #erson on board a vessel lost durin! a sea vo a!e, or an aircraft 'ith is missin!, 'ho has not been heard of for four ears since the loss of the vessel or aircraft0 (2) ( member of the armed forces 'ho has ta)en #art in armed hostilities, and has been missin! for four ears0 (3) ( #erson 'ho has been in dan!er of death under other circumstances and 'hose e&istence has not been )no'n for four ears0 (4) 1f a married #erson has been absent for four consecutive ears, the s#ouse #resent ma contract a subse+uent marria!e if he or she has 'ell-founded belief that the absent s#ouse is alread death$ 1n case of disa##earance, 'here there is a dan!er of death the circumstances hereinabove #rovided, an absence of onl t'o ears shall be sufficient for the #ur#ose of contractin! a subse+uent marria!e$ 4o'ever, in an case, before marr in! a!ain, the s#ouse #resent must institute a summar #roceedin!s as #rovided in the :amil Code and in the rules for declaration of #resum#tive death of the absentee, 'ithout #re"udice to the effect of rea##earance of the absent s#ouse$ (&) %hat ac+uiescence resulted from a belief that the thin! ac+uiesced in 'as conformable to the la' or fact0 ( ) %hat thin!s have ha##ened accordin! to the ordinar course of nature and ordinar nature habits of life0 (<) %hat #ersons actin! as co#artners have entered into a contract of co#artneshi#0 (aa) %hat a man and 'oman de#ortin! themselves as husband and 'ife have entered into a la'ful contract of marria!e0 (bb) %hat #ro#ert ac+uired b a man and a 'oman 'ho are ca#acitated to marr each other and 'ho live e&clusivel 'ith each other as husband and 'ife 'ithout the benefit of marria!e or under void marria!e, has been obtained b their "oint efforts, 'or) or industr $ (cc) %hat in cases of cohabitation b a man and a 'oman 'ho are not ca#acitated to marr each other and 'ho have ac+uire #ro#erl throu!h their actual "oint contribution of mone , #ro#ert or industr , such contributions and their corres#ondin! shares includin! "oint de#osits of mone and evidences of credit are e+ual$ (dd) %hat if the marria!e is terminated and the mother contracted another marria!e 'ithin three hundred da s after such termination of the former marria!e, these rules shall !overn in the absence of #roof to the contrar / (1) ( child born before one hundred ei!ht da s after the solemni<ation of the subse+uent marria!e is considered to have been conceived durin! such marria!e, even thou!h it be born 'ithin the three hundred da s after the termination of the former marria!e$

(2) ( child born after one hundred ei!ht da s follo'in! the celebration of the subse+uent marria!e is considered to have been conceived durin! such marria!e, even thou!h it be born 'ithin the three hundred da s after the termination of the former marria!e$ (ee) %hat a thin! once #roved to e&ist continues as lon! as is usual 'ith thin!s of the nature0 (ff) %hat the la' has been obe ed0 (!!) %hat a #rinted or #ublished boo), #ur#ortin! to be #rinted or #ublished b #ublic authorit , 'as so #rinted or #ublished0 (hh) %hat a #rinted or #ublished boo), #ur#ortin! contain re#orts of cases ad"ud!ed in tribunals of the countr 'here the boo) is #ublished, contains correct re#orts of such cases0 (ii) %hat a trustee or other #erson 'hose dut it 'as to conve real #ro#ert to a #articular #erson has actuall conve ed it to him 'hen such #resum#tion is necessar to #erfect the title of such #erson or his successor in interest0 ("") %hat e&ce#t for #ur#oses of succession, 'hen t'o #ersons #erish in the same calamit , such as 'rec), battle, or confla!ration, and it is not sho'n 'ho died first, and there are no #articular circumstances from 'hich it can be inferred, the survivorshi# is determined from the #robabilities resultin! from the stren!th and the a!e of the se&es, accordin! to the follo'in! rules/ 1$ 1f both 'ere under the a!e of fifteen ears, the older is deemed to have survived0 2$ 1f both 'ere above the a!e si&t , the oun!er is deemed to have survived0 3$ 1f one is under fifteen and the other above si&t , the former is deemed to have survived0 4$ 1f both be over fifteen and under si&t , and the se& be different, the male is deemed to have survived, if the se& be the same, the older0 2$ 1f one be under fifteen or over si&t , and the other bet'een those a!es, the latter is deemed to have survived$ ())) %hat if there is a doubt, as bet'een t'o or more #ersons 'ho are called to succeed each other, as to 'hich of them died first, 'hoever alle!es the death of one #rior to the other, shall #rove the same0 in the absence of #roof, the shall be considered to have died at the same time$ (2a) Se#$!on 4% 0o presumption of legitimacy or illegitimacy % %here is no #resum#tion of le!itimac of a child born after three hundred da s follo'in! the dissolution of the marria!e or the se#aration of the s#ouses$ .hoever alle!es the le!itimac or ille!itimac of such child must #rove his alle!ation$ (3) RULE 1&2 Pre"en$a$!on o. E !*en#e A% E@AMINATION OF (ITNESSES

Se#$!on 1% E amination to be done in open court % %he e&amination of 'itnesses #resented in a trial or hearin! shall be done in o#en court, and under oath or affirmation$ ?nless the 'itness is inca#acitated to s#ea), or the +uestions calls for a different mode of ans'er, the ans'ers of the 'itness shall be !iven orall $ (1a) Se#$!on 2% #roceedings to be recorded% %he entire #roceedin!s of a trial or hearin!, includin! the +uestions #ro#ounded to a 'itness and his ans'ers thereto, the statements made b the "ud!e or an of the #arties, counsel, or 'itnesses 'ith reference to the case, shall be recorded b means of shorthand or stenot #e or b other means of recordin! found suitable b the court$ ( transcri#t of the record of the #roceedin!s made b the official steno!ra#her, stenot #ist or recorder and certified as correct b him shall be deemed prima facie a correct statement of such #roceedin!s$ (2a) Se#$!on &% Rights and obligations of a witness% ( 'itness must ans'er +uestions, althou!h his ans'er ma tend to establish a claim a!ainst him$ 4o'ever, it is the ri!ht of a 'itness/ (1) %o be #rotected from irrelevant, im#ro#er, or insultin! +uestions, and from harsh or insultin! demeanor0 (2) =ot to be detained lon!er than the interests of "ustice re+uire0 (3) =ot to be e&amined e&ce#t onl as to matters #ertinent to the issue0 (4) =ot to !ive an ans'er 'hich 'ill tend to sub"ect him to a #enalt for an offense unless other'ise #rovided b la'0 or (2) =ot to !ive an ans'er 'hich 'ill tend to de!rade his re#utation, unless it to be the ver fact at issue or to a fact from 'hich the fact in issue 'ould be #resumed$ @ut a 'itness must ans'er to the fact of his #revious final conviction for an offense$ (3a, 17a) Se#$!on 4% Order in the e amination of an individual witness % %he order in 'hich the individual 'itness ma be e&amined is as follo's0 (a) ,irect e&amination b the #ro#onent0 (b) Cross-e&amination b the o##onent0 (c) Re-direct e&amination b the #ro#onent0 (d) Re-cross-e&amination b the o##onent$ (4) Se#$!on 6% Direct e amination% ,irect e&amination is the e&amination-in-chief of a 'itness b the #art #resentin! him on the facts relevant to the issue$ (2a) Se#$!on 7% &ross(e amination1 its purpose and e tent% ?#on the termination of the direct e&amination, the 'itness ma be cross-e&amined b the adverse #art as to man matters stated in the direct e&amination, or connected there'ith, 'ith sufficient fullness and freedom to test his accurac and truthfulness and freedom from interest or bias, or the reverse, and to elicit all im#ortant facts bearin! u#on the issue$ (8a) Se#$!on 8% Re(direct e amination1 its purpose and e tent % (fter the cross-e&amination of the 'itness has been concluded, he ma be re-e&amined b the #art callin! him, to e&#lain or su##lement his ans'ers !iven durin! the cross-e&amination$ -n re-direct-e&amination, +uestions

on matters not dealt 'ith durin! the cross-e&amination, ma discretion$ (12)

be allo'ed b

the court in its

Se#$!on 8% Re(cross(e amination% ?#on the conclusion of the re-direct e&amination, the adverse #art ma re-cross-e&amine the 'itness on matters stated in his re-direct e&amination, and also on such other matters as ma be allo'ed b the court in its discretion$ (13) Se#$!on 9% Recalling witness% (fter the e&amination of a 'itness b both sides has been concluded, the 'itness cannot be recalled 'ithout leave of the court$ %he court 'ill !rant or 'ithhold leave in its discretion, as the interests of "ustice ma re+uire$ (14) Se#$!on 1,% ,eading and misleading 'uestions% ( +uestion 'hich su!!ests to the 'itness the ans'er 'hich the e&aminin! #art desires is a leadin! +uestion$ 1t is not allo'ed, e&ce#t/ (a) -n cross e&amination0 (b) -n #reliminar matters0 (c) .hen there is a difficult is !ettin! direct and intelli!ible ans'ers from a 'itness 'ho is i!norant, or a child of tender ears, or is of feeble mind, or a deaf-mute0 (d) -f an un'illin! or hostile 'itness0 or (e) -f a 'itness 'ho is an adverse #art or an officer, director, or mana!in! a!ent of a #ublic or #rivate cor#oration or of a #artnershi# or association 'hich is an adverse #art $ ( misleadin! +uestion is one 'hich assumes as true a fact not et testified to b the 'itness, or contrar to that 'hich he has #reviousl stated$ 1t is not allo'ed$ (2a, 3a, and 8a) Se#$!on 11% $mpeachment of adverse party"s witness % ( 'itness ma be im#eached b the #art a!ainst 'hom he 'as called, b contradictor evidence, b evidence that his !eneral re#utation for truth, honestl , or inte!rit is bad, or b evidence that he has made at other times statements inconsistent 'ith his #resent, testimon , but not b evidence of #articular 'ron!ful acts, e&ce#t that it ma be sho'n b the e&amination of the 'itness, or the record of the "ud!ment, that he has been convicted of an offense$ (12) Se#$!on 12% #arty may not impeach his own witness % E&ce#t 'ith res#ect to 'itnesses referred to in #ara!ra#hs (d) and (e) of 8ection 19, the #art #roducin! a 'itness is not allo'ed to im#each his credibilit $ ( 'itness ma be considered as un'illin! or hostile onl if so declared b the court u#on ade+uate sho'in! of his adverse interest, un"ustified reluctance to testif , or his havin! misled the #art into callin! him to the 'itness stand$ %he un'illin! or hostile 'itness so declared, or the 'itness 'ho is an adverse #art , ma be im#eached b the #art #resentin! him in all res#ects as if he had been called b the adverse #art , e&ce#t b evidence of his bad character$ 4e ma also be im#eached and cross-e&amined b the adverse #art , but such cross-e&amination must onl be on the sub"ect matter of his e&amination-in-chief$ (3a, 6a) Se#$!on 1&% 2ow witness impeached by evidence of inconsistent statements $ @efore a 'itness can be im#eached b evidence that he has made at other times statements inconsistent 'ith his #resent testimon , the statements must be related to him, 'ith the circumstances of the times and #laces and the #ersons #resent, and he must be as)ed 'hether he made such statements, and if so, allo'ed to e&#lain them$ 1f the statements be in 'ritin! the must be sho'n to the 'itness before an +uestion is #ut to him concernin! them$ (13)

Se#$!on 14% Evidence of good character of witness % Evidence of the !ood character of a 'itness is not admissible until such character has been im#eached$ (16) Se#$!on 16% E clusion and separation of witnesses% -n an trial or hearin!, the "ud!e ma e&clude from the court an 'itness not at the time under e&amination, so that he ma not hear the testimon of other 'itnesses$ %he "ud!e ma also cause 'itnesses to be )e#t se#arate and to be #revented from conversin! 'ith one another until all shall have been e&amined$ (18) Se#$!on 17% !hen witness may refer to memorandum% ( 'itness ma be allo'ed to refresh his memor res#ectin! a fact, b an thin! 'ritten or recorded b himself or under his direction at the time 'hen the fact occurred, or immediatel thereafter, or at an other time 'hen the fact 'as fresh in his memor and )ne' that the same 'as correctl 'ritten or recorded0 but in such case the 'ritin! or record must be #roduced and ma be ins#ected b the adverse #art , 'ho ma , if he chooses, cross e&amine the 'itness u#on it, and ma read it in evidence$ 8o, also, a 'itness ma testif from such 'ritin! or record, thou!h he retain no recollection of the #articular facts, if he is able to s'ear that the 'ritin! or record correctl stated the transaction 'hen made0 but such evidence must be received 'ith caution$ (19a) Se#$!on 18% !hen part of transaction, writing or record given in evidence, the remainder, the remainder admissible$ .hen #art of an act, declaration, conversation, 'ritin! or record is !iven in evidence b one #art , the 'hole of the same sub"ect ma be in+uired into b the other, and 'hen a detached act, declaration, conversation, 'ritin! or record is !iven in evidence, an other act, declaration, conversation, 'ritin! or record necessar to its understandin! ma also be !iven in evidence$ (11a) Se#$!on 18% Right to respect writing shown to witness% .henever a 'ritin! is sho'n to a 'itness, it ma be ins#ected b the adverse #art $ (7a) +% AUTHENTICATION AND PROOF OF DOCUMENTS Se#$!on 19% &lasses of Documents% :or the #ur#ose of their #resentation evidence, documents are either #ublic or #rivate$ *ublic documents are/ (a) %he 'ritten official acts, or records of the official acts of the soverei!n authorit , official bodies and tribunals, and #ublic officers, 'hether of the *hili##ines, or of a forei!n countr 0 (b) ,ocuments ac)no'led!e before a notar #ublic e&ce#t last 'ills and testaments0 and (c) *ublic records, )e#t in the *hili##ines, of #rivate documents re+uired b la' to the entered therein$ (ll other 'ritin!s are #rivate$ (29a) Se#$!on 2,% #roof of private document% @efore an #rivate document offered as authentic is received in evidence, its due e&ecution and authenticit must be #roved either/ (a) @ an one 'ho sa' the document e&ecuted or 'ritten0 or (b) @ evidence of the !enuineness of the si!nature or hand'ritin! of the ma)er$ (n other #rivate document need onl be identified as that 'hich it is claimed to be$ (21a)

Se#$!on 21% !hen evidence of authenticity of private document not necessary % .here a #rivate document is more than thirt ears old, is #roduced from the custod in 'hich it 'ould naturall be found if !enuine, and is unblemished b an alterations or circumstances of sus#icion, no other evidence of its authenticit need be !iven$ (22a) Se#$!on 22% 2ow genuineness of handwriting proved% %he hand'ritin! of a #erson ma be #roved b an 'itness 'ho believes it to be the hand'ritin! of such #erson because he has seen the #erson 'rite, or has seen 'ritin! #ur#ortin! to be his u#on 'hich the 'itness has acted or been char!ed, and has thus ac+uired )no'led!e of the hand'ritin! of such #erson$ Evidence res#ectin! the hand'ritin! ma also be !iven b a com#arison, made b the 'itness or the court, 'ith 'ritin!s admitted or treated as !enuine b the #art a!ainst 'hom the evidence is offered, or #roved to be !enuine to the satisfaction of the "ud!e$ (23a) Se#$!on 2&% #ublic documents as evidence% ,ocuments consistin! of entries in #ublic records made in the #erformance of a dut b a #ublic officer are prima facie evidence of the facts therein stated$ (ll other #ublic documents are evidence, even a!ainst a third #erson, of the fact 'hich !ave rise to their e&ecution and of the date of the latter$ (24a) Se#$!on 24% #roof of official record% %he record of #ublic documents referred to in #ara!ra#h (a) of 8ection 17, 'hen admissible for an #ur#ose, ma be evidenced b an official #ublication thereof or b a co# attested b the officer havin! the le!al custod of the record, or b his de#ut , and accom#anied, if the record is not )e#t in the *hili##ines, 'ith a certificate that such officer has the custod $ 1f the office in 'hich the record is )e#t is in forei!n countr , the certificate ma be made b a secretar of the embass or le!ation, consul !eneral, consul, vice consul, or consular a!ent or b an officer in the forei!n service of the *hili##ines stationed in the forei!n countr in 'hich the record is )e#t, and authenticated b the seal of his office$ (22a) Se#$!on 26% !hat attestation of copy must state% .henever a co# of a document or record is attested for the #ur#ose of evidence, the attestation must state, in substance, that the co# is a correct co# of the ori!inal, or a s#ecific #art thereof, as the case ma be$ %he attestation must be under the official seal of the attestin! officer, if there be an , or if he be the cler) of a court havin! a seal, under the seal of such court$ (23a) Se#$!on 27% $rremovability of public record% (n #ublic record, an official co# of 'hich is admissible in evidence, must not be removed from the office in 'hich it is )e#t, e&ce#t u#on order of a court 'here the ins#ection of the record is essential to the "ust determination of a #endin! case$ (26a) Se#$!on 28% #ublic record of a private document% (n authori<ed #ublic record of a #rivate document ma be #roved b the ori!inal record, or b a co# thereof, attested b the le!al custodian of the record, 'ith an a##ro#riate certificate that such officer has the custod $ (28a) Se#$!on 28% #roof of lac* of record% ( 'ritten statement si!ned b an officer havin! the custod of an official record or b his de#ut that after dili!ent search no record or entr of a s#ecified tenor is found to e&ist in the records of his office, accom#anied b a certificate as above #rovided, is admissible as evidence that the records of his office contain no such record or entr $ (27) Se#$!on 29% 2ow judicial record impeached% (n "udicial record ma be im#eached b evidence of/ (a) 'ant of "urisdiction in the court or "udicial officer, (b) collusion bet'een the #arties, or (c) fraud in the #art offerin! the record, in res#ect to the #roceedin!s$ (39a) Se#$!on &,% #roof of notarial documents% Ever instrument dul ac)no'led!ed or #roved and certified as #rovided b la', ma be #resented in evidence 'ithout further #roof, the certificate of ac)no'led!ment bein! prima facie evidence of the e&ecution of the instrument or document involved$ (31a)

Se#$!on &1% Alteration in document, how to e plain% %he #art #roducin! a document as !enuine 'hich has been altered and a##ears to have been altered after its e&ecution, in a #art material to the +uestion in dis#ute, must account for the alteration$ 4e ma sho' that the alteration 'as made b another, 'ithout his concurrence, or 'as made 'ith the consent of the #arties affected b it, or 'as other'ise #ro#erl or innocent made, or that the alteration did not chan!e the meanin! or lan!ua!e of the instrument$ 1f he fails to do that, the document shall not be admissible in evidence$ (32a) Se#$!on &2% Seal% %here shall be no difference bet'een sealed and unsealed #rivate documents insofar as their admissibilit as evidence is concerned$ (33a) Se#$!on &&% Documentary evidence in an unofficial language % ,ocuments 'ritten in an unofficial lan!ua!e shall not be admitted as evidence, unless accom#anied 'ith a translation into En!lish or :ili#ino$ %o avoid interru#tion of #roceedin!s, #arties or their attorne s are directed to have such translation #re#ared before trial$ (34a) C% OFFER AND O+2ECTION Se#$!on &4% Offer of evidence% %he court shall consider no evidence 'hich has not been formall offered$ %he #ur#ose for 'hich the evidence is offered must be s#ecified$ (32) Se#$!on &6% !hen to ma*e offer % (s re!ards the testimon of a 'itness, the offer must be made at the time the 'itness is called to testif $ ,ocumentar and ob"ect evidence shall be offered after the #resentation of a #art ;s testimonial evidence$ 8uch offer shall be done orall unless allo'ed b the court to be done in 'ritin!$ (n) Se#$!on &7% Objection% -b"ection to evidence offered orall must be made immediatel after the offer is made$ -b"ection to a +uestion #ro#ounded in the course of the oral e&amination of a 'itness shall be made as soon as the !rounds therefor shall become reasonabl a##arent$ (n offer of evidence in 'ritin! shall be ob"ected to 'ithin three (3) da s after notice of the unless a different #eriod is allo'ed b the court$ 1n an case, the !rounds for the ob"ections must be s#ecified$ (33a) Se#$!on &8% !hen repetition of objection unnecessary% .hen it becomes reasonabl a##arent in the course of the e&amination of a 'itness that the +uestion bein! #ro#ounded are of the same class as those to 'hich ob"ection has been made, 'hether such ob"ection 'as sustained or overruled, it shall not be necessar to re#eat the ob"ection, it bein! sufficient for the adverse #art to record his continuin! ob"ection to such class of +uestions$ (36a) Se#$!on &8% Ruling% %he rulin! of the court must be !iven immediatel after the ob"ection is made, unless the court desires to ta)e a reasonable time to inform itself on the +uestion #resented0 but the rulin! shall al'a s be made durin! the trial and at such time as 'ill !ive the #art a!ainst 'hom it is made an o##ortunit to meet the situation #resented b the rulin!$ %he reason for sustainin! or overrulin! an ob"ection need not be stated$ 4o'ever, if the ob"ection is based on t'o or more !rounds, a rulin! sustainin! the ob"ection on one or some of them must s#ecif the !round or !rounds relied u#on$ (38a) Se#$!on &9% Stri*ing out answer% 8hould a 'itness ans'er the +uestion before the adverse #art had the o##ortunit to voice full its ob"ection to the same, and such ob"ection is found to be meritorious, the court shall sustain the ob"ection and order the ans'er !iven to be stric)en off the record$

-n #ro#er motion, the court ma also order the stri)in! out of ans'ers 'hich are incom#etent, irrelevant, or other'ise im#ro#er$ (n) Se#$!on 4,% %ender of e cluded evidence% 1f documents or thin!s offered in evidence are e&cluded b the court, the offeror ma have the same attached to or made #art of the record$ 1f the evidence e&cluded is oral, the offeror ma state for the record the name and other #ersonal circumstances of the 'itness and the substance of the #ro#osed testimon $ (n) RULE 1&& (e!:)$ an* S-..!#!en#1 o. E !*en#e Se#$!on 1% #reponderance of evidence, how determined% 1n civil cases, the #art havin! burden of #roof must establish his case b a #re#onderance of evidence$ 1n determinin! 'here the #re#onderance or su#erior 'ei!ht of evidence on the issues involved lies, the court ma consider all the facts and circumstances of the case, the 'itnesses; manner of testif in!, their intelli!ence, their means and o##ortunit of )no'in! the facts to 'hich there are testif in!, the nature of the facts to 'hich the testif , the #robabilit or im#robabilit of their testimon , their interest or 'ant of interest, and also their #ersonal credibilit so far as the same ma le!itimatel a##ear u#on the trial$ %he court ma also consider the number of 'itnesses, thou!h the #re#onderance is not necessaril 'ith the !reater number$ (1a) Se#$!on 2% #roof beyond reasonable doubt% 1n a criminal case, the accused is entitled to an ac+uittal, unless his !uilt is sho'n be ond reasonable doubt$ *roof be ond reasonable doubt does not mean such a de!ree of #roof, e&cludin! #ossibilit of error, #roduces absolute certainl $ >oral certainl onl is re+uired, or that de!ree of #roof 'hich #roduces conviction in an un#re"udiced mind$ (2a) Se#$!on &% E trajudicial confession, not sufficient ground for conviction % (n e&tra"udicial confession made b an accused, shall not be sufficient !round for conviction, unless corroborated b evidence of corpus delicti$ (3) Se#$!on 4% &ircumstantial evidence, when sufficient % Circumstantial evidence is sufficient for conviction if/ (a) %here is more than one circumstances0 (b) %he facts from 'hich the inferences are derived are #roven0 and (c) %he combination of all the circumstances is such as to #roduce a conviction be ond reasonable doubt$ (2) Se#$!on 6% Substantial evidence% 1n cases filed before administrative or +uasi-"udicial bodies, a fact ma be deemed established if it is su##orted b substantial evidence, or that amount of relevant evidence 'hich a reasonable mind mi!ht acce#t as ade+uate to "ustif a conclusion$ (n) Se#$!on 7% #ower of the court to stop further evidence% %he court ma sto# the introduction of further testimon u#on an #articular #oint 'hen the evidence u#on it is alread so full that more 'itnesses to the same #oint cannot be reasonabl e&#ected to be additionall #ersuasive$ @ut this #o'er should be e&ercised 'ith caution$ (3) Se#$!on 8% Evidence on motion% .hen a motion is based on facts not a##earin! of record the court ma hear the matter on affidavits or de#ositions #resented b the res#ective #arties, but the court ma direct that the matter be heard 'holl or #artl on oral testimon or de#ositions$ (6) RULE 1&4

Per<e$-a$!on o. Te"$!/on1 Se#$!on 1% #etition% ( #erson 'ho desires to #er#etuate his o'n testimon or that of another #erson re!ardin! an matter that ma be co!ni<able in an court of the *hili##ines, an file a verified #etition in the court of the #rovince of the residence of an e&#ected adverse #art $ Se#$!on 2% &ontents of petition% %he #etition shall be entitled in the name of the #etitioner and shall sho'/ (a) that the #etitioner e&#ects to be a #art to an action in a court of the *hili##ines b is #resentl unable to brin! it or cause it to be brou!ht0 (b) the sub"ect matter of the e&#ected action and his interest therein0 (c) the facts 'hich he desires to establish b the #ro#osed testimon and his reasons for desirin! to #er#etuate it0 (d) the names of a descri#tion of the #ersons he e&#ects 'ill be adverse #arties and their addresses so far as )no'n0 and (e) the names and addresses of the #ersons to be e&amined and the substance of the testimon 'hich he e&#ects to elicit from each, and shall as) for an order authori<in! the #etitioner to ta)e the de#ositions of the #ersons to be e&amined named in the #etition for the #ur#ose of #er#etuatin! their testimon $ Se#$!on &% 0otice and service% %he #etitioner shall thereafter serve a notice u#on each #erson named in the #etition as an e&#ected adverse #art , to!ether 'ith a co# of a #etition, statin! that the #etitioner 'ill a##l to the court, at a time and #lace named therein, for the order described in the #etition$ (t least t'ent (29) da s before the date of hearin! the notice shall be served in the manner #rovided for service of summons$ Se#$!on 4% Order of e amination% 1f the court is satisfied that the #er#etuation of the testimon ma #revent a failure or dela of "ustice, it shall ma)e an order desi!natin! or describin! the #ersons 'hose de#osition ma be ta)en and s#ecif in! the sub"ect matter of the e&amination, and 'hether the de#ositions shall be ta)en u#on oral e&amination or 'ritten interro!atories$ %he de#ositions ma then be ta)en in accordance 'ith Rule 24 before the hearin!$ Se#$!on 6% Reference to court% :or the #ur#ose of a##l in! Rule 24 to de#ositions for #er#etuatin! testimon , each reference therein to the court in 'hich the action is #endin! shall be deemed to refer to the court in 'hich the #etition for such de#osition 'as filed$ Se#$!on 7% )se of deposition% 1f a de#osition to #er#etuate testimon is ta)en under this rule, or if, althou!h not so ta)en, it 'ould be admissible in evidence, it ma be used in an action involvin! the same sub"ect matter subse+uentl brou!ht in accordance 'ith the #rovisions of 8ections 4 and 2 of Rule 24$ Se#$!on 8% Depositions pending appeal% 1f an a##eal has been ta)en from a "ud!ment of the Re!ional %rial Court or before the ta)in! of an a##eal if the time therefor has not e&#ired, the Re!ional %rial Court in 'hich the "ud!ment 'as rendered ma allo' the ta)in! of de#ositions of 'itnesses to #er#etuate their testimon for use in the event of further #roceedin!s in the said court$ 1n such case the #art 'ho desires to #er#etuate the testimon ma ma)e a motion in the said Re!ional %rial Court for leave to ta)e the de#ositions, u#on the same notice and service thereof as if the action 'as #endin! therein$ %he motion shall sho' (a) the name and the addresses of the #ersons to be e&amined and the substance of the testimon 'hich he e&#ects to elicit from each0 and (b) the reason for #er#etuatin! their testimon $ 1f the court finds that the #er#etuation of the testimon is #ro#er to avoid a failure or dela of "ustice, it ma ma)e an order allo'in! the de#ositions to be ta)en, and thereu#on the de#ositions ma be ta)en and used in the same manner and under the same conditions as are #rescribed in these rules for de#ositions ta)en in actions #endin! in the Re!ional %rial Court$ (6a) Foo$no$e %his rule 'ill be trans#osed to *art 1 of the Rules of Court on ,e#osition and ,iscover $