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Rule 128 Rules of Evidence

Definition (Sec 1) means of ascertaining in a judicial proceeding the truth respecting a matter of
Scope (Sec 2) same in all courts and trials, except when otherwise provided by law or rules
Admissibility (Sec 3) - Evidence is admissible when it is:
a. Relevant
b. Not excluded by law or the Rules of Court (Competence)
Relevancy (Sec 4)
1. Must have a relation to the fact in issue as to induce belief in its existence or non-existence
2. General Rule : Collateral matters shall not be allowed
: When it tends to establish the probability or improbability of the facts in issue

Rule 129 What need not be Proved

1. Judicial Notice
a. Mandatory (Sec 1) the court shall take notice, without introduction of evidence of the following :
Existence and territorial extent of states
Political history
Forms of government
Symbols of nationality
Law of nations
Admiralty and maritime courts of the world and their seals
Political constitution and history of the Philippines
Official acts of legislative, executive and judicial departments of the Philippines
Laws of nature
Measure of time
Geographical divisions
b. Discretionary (Sec 2) the court may take judicial notice of matters which are :
Of public knowledge; OR
Are capable to unquestionable demonstration; OR
Ought to be known to judges because of their judicial functions
c. When Hearing Necessary (Sec 3)
During Trial
o Upon courts initiative or on request of a party
o On any matter
After trial, before judgment or on appeal
o Upon courts initiative or on request of a party
o On any matter, if such is decisive of a material issue in the case
2. Judicial Admission (Sec 4) does not require proof
Includes :
o Verbal or written admissions
o Made by the party in the course of the proceeding
o In the same case
May be contradicted only by showing that:


It was a palpable mistake ; OR

No such admission was made

Rule 130 Rules of Admissibility

1. Are those addressed to the senses of the court
2. When relevant, it may be exhibited to, examined or viewed by the court

1. Definition (Sec 2)
a. Consist of :
Writing ; OR
Any material containing:
o Letters
o Words
o Numbers
o Figures
o Symbols
o Other modes of expression
b. Offered as proof of contents
2. Applicable Rules to Documentary Evidence
a. Best Evidence Rule
General Rule (Sec 3) : When the object of inquiry is the contents of a document,
the only evidence admissible is the ORIGINAL DOCUMENT itself (Sec 3)
o An original document is (Sec 4):
The contents of which are the subject of inquiry
When there are two or more copies, all such copies are regarded as
originals when:
Executed at or about the same time
With identical contents
Entries are equally regarded as originals when :
An entry is repeated in the regular course of business
One being copied from another at or near the time of the transaction
Exceptions (Sec 3) :
o When the original has been :
Lost or destroyed; OR
Cannot be produced in court; OR
Without bad faith on the part of offeror
o When the original is in the custody or control of the adverse party and the latter
fails to produce it after reasonable notice;
o When the original consists of numerous accounts or other documents which
cannot be examined in court :
Without great loss of time; and
The fact to be established in only the general result of the whole
o When the original is a public record in the custody of a public officer or is recorded
in a public office

b. Secondary Evidence
When original document is lost,
destroyed or cannot be produced

When original document under the

custody or control of the adverse
When original document is a public

Secondary Evidence Allowed (Sec 5, 6,7)

Contents may be proven by in the ff order :
1. A copy of such
2. Recital of its contents in some authentic
3. Testimony of witnesses
Same secondary evidence as above if:
Adverse party given reasonable time to
produce it but failed
After satisfactory proof of its existence
Certified copy issued by the public officer in
custody thereof

A party who calls for the production of a document is not obliged to offer it as
evidence (Sec 8).

c. Parol Evidence (Sec 9)

General Rule No evidence of the terms of a written agreement shall be allowed except
the written agreement itself
Exception a party may present additional evidence that modify, explain or add to the
terms therein, if he puts in issue in his pleading:
o An intrinsic ambiguity, mistake or imperfection therein
o Failure of such agreement to express the true intent and agreement of the parties
o Validity of such written agreement
o Existence of other terms agreed to by the parties or their successors in interest after
its execution
*** Agreement includes wills.
d. Interpretation of Documents
According to its legal meaning it bears on its execution, unless otherwise intended by the
parties (Sec 10)
When there are several provisions or particulars, it shall be construed so as to give effect
to all (Sec 11)
Intention of the parties shall be pursued (Sec 12)
A particular provision shall prevail over a general provision, when there inconsistency
(Sec 12)
The circumstances under which an instrument was made including the situation of the
subject thereof and the parties thereto may be shown to place the judge in a position of
those whose language he is to interpret (Sec 13)
The terms therein are to be used in their primary and general acceptation, however,
evidence is admissible to show that they have a local, technical or peculiar signification
(Sec 14)
Written words prevail over the printed form, when there are inconsistencies (Sec 15)
When the characters in an instrument are difficult to decipher or when the language is not
understood, evidence of person skilled in deciphering or interpreting such is admissible
(Sec 16)

When there are 2 inconsistent constructions to an agreement and when both are equally
proper, the construction to be taken is that which is most favorable to the party in
whose favor the provision was made (Sec 17)
When an instrument has two equally susceptible interpretations, it is to be taken in favor
of a natural right (Sec 18)
A document may be construed according to usage, to determine its true character (Sec
1. The following witnesses may testify (Sec 20):
a. Those who can perceive
b. And perceiving, can make known their perception to others
c. The following shall not be ground for disqualification :
Religious or political belief
Interest in the outcome of the case
Conviction of a crime, unless otherwise provided by law
2. Disqualifications by reason of :
a. Mental Incapacity or Immaturity (Sec 21) the following cannot testify:
Those who, at the time of their presentation, are incapable of making known their
perception to others
Children whose mental maturity renders them incapable of perceiving the facts and
relating them truthfully
b. Marriage (Sec 22) the following cannot testify:
Husband and wife, for or against the other without his/her consent
During their marriage
Exception :
o Civil case by one against the other;
o Criminal case for a crime committed by one against the other or his/her direct
ascendants or descendants
c. Death or Insanity of Adverse Party (Sec 23) the following cannot testify:
Parties or assignor of parties or persons in whose behalf a case is prosecuted
Against a(n) :
o Executor or administrator or other representative of a deceased person
o Person of unsound mind
Upon a claim or demand against the estate of the deceased or a person of unsound mind
As to matter of fact occurring before the death of the deceased or before the
person became of unsound mind
d. Privileged Communication (Sec 24)
Husband or Wife cannot testify:
o During or after marriage without the consent of the other
o On any information received in confidence by one from the other during marriage
o Except:
In civil case by one against the other
In criminal case for a crime committed by one against the other or his/her
descendants or ascendants
Attorney, his/her secretary, stenographer or clerk cannot testify :
o On any communication made by the client to his or any advice given in the course of
or with a view towards professional employment
o Concerning any fact obtained in such capacity
o Without the consent of the client

Person authorized to practice medicine, surgery or obstretics cannot testify :

o On the following :
Any advice or treatment given by him ; OR
Any information acquired from a patient in a professional capacity
Which would blacken the reputation of the patient
o Without consent of the patient

Minister or Priest cannot testify:

o any confession made to or any advice given by him in professional character
o enjoined by the church to which the minister or priest belongs
o without the consent of the person making the confession

Public Officer cannot testify or be examined :

o During his term or afterwards
o As to communications made to him in official confidence
o When the court finds that the public interest would suffer by such disclosure

3. Parental and Filial Privilege (Sec 25) no person may be compelled to testify against his :
a. Parents
b. Other direct ascendants
c. Children
d. Other direct descendants
4. Admissions and Confessions
a. General Rule (Sec 26) The act, declaration or omission of a party as to a relevant fact may
be given in evidence against him.
b. Offer of Compromise (Sec 27)
In civil cases is not :
o An admission of any liability
o Admissible in evidence against the offerror
In criminal cases
o General Rule : May be received in evidence as an implied admission of guild
o Exception :
Those involving quasi-offenses (criminal negligence); OR
Those allowed by law to be compromised by the accused
c. The following is not admissible in evidence against the accused (Sec 27):
Plea of guilty later withdrawn
Unaccepted offer of plea of guilty to a lesser offense
d. The offer to pay or the payment of medical, hospital or other expenses is not
admissible in evidence as proof of civil or criminal liability (Sec 27)
e. Admissions by a Third Party
General Rule (Sec 28) The rights of party cannot be prejudiced by an act, declaration
or omission of another.
Exceptions :
Co-Partner or Agent, Joint Owner, Joint Debtor or persons jointly interested
with the party (Sec 29)
Act or declaration of such

Within the scope of his authority

During the existence of the partnership or agency

Conspirator (Sec 30)

Acts or declaration of a conspirator against the other
o Relating to the conspiracy
o During the existence of such conspiracy
When the conspiracy is shown by evidence other than such act or
Privies (Sec 31)
Act, declaration or omission of a previous owner of a property
While holding the title
Is evidence against the transferee or assignee

Admission by Silence (Sec 32) the following may be given in evidence:

An act or declaration
Made in the presence and within hearing or observation
Of a party who:
o Does not say anything
o When the act or declaration calls for an action or comment if not ture
o When proper and possible for him to do so

g. Confession (Sec 33) declaration of an accused acknowledging his guilt of the offense
charged or one necessarily included therein, may be given in evidence against him
5. Previous Conduct
Evidence that one did or did not do a certain thing at one time (Sec 34) :
o Is not admissible to prove that he did or did not do the same at another time
o Is admissible to prove :
A specific intent or knowledge
Unaccepted Offer (Sec 35) The following is equivalent to actual production and tender of
money, instrument or property:
o An offer in writing
o To pay a particular sum or money or to deliver a written instrument or property
o Rejected without valid cause
6. Hearsay
a. General Rule (Sec 36) A witness can only testify to facts which:
He knows of his personal knowledge
Are derived from his own perception
b. Exceptions

Dying Declaration (Sec 37) may be received as evidence of the cause and
surrounding circumstances of death:
o Declaration of a dying person
o Made under the consciousness of an impending death
o In a case where his death is the subject of inquiry

Declaration against Interest (Sec 38) may be received in evidence :

o Declaration by a one who is deceased or unable to testify
o Where fact asserted is contrary to the declarants own interest
o Where a reasonable man in his position would not have made them unless he
believed it to be true
o Such evidence may be received against:
His successors in interest
Third persons
Act or declaration against Pedegree (Sec 39)
o Act or declaration of a person deceased or unable to testify
o On the pedigree of another person related to him by birth or marriage
Pedigree includes :
Family Genealogy
Places where the facts occurred
Names of the relatives
Facts of family history intimately connected with pedigree
o Where it occurred before the controversy
o The relationship between such persons is shown by evidence other than such act or

Family Reputation or Tradition regarding Pedigree (Sec 40)

o Witness is a member of the family, either by consanguinity or affinity
o Reputation or tradition existing in the family
o Previous to the controversy
o As to pedigree of any one of its members
o The following may be received as evidence of pedigree :
Entries in the family bibles
Other family books or charts
Engravings on rings
Family portraits and the like

Common Reputation (Sec 41)

o Existing previous to the controversy
o On facts of public or general interest more than 30 years old
o Respecting marriage or moral character
o Includes :
Inscriptions in public places

Res Gestae (Sec 42) statements made by a person:


While a startling occurrence is taking place or immediately prior or subsequent

thereto; OR
Accompanying an equivocal act material to the issue and giving it legal significance

Entries in the Course of Business (Sec 43)

o Made :
At or near the time of transactions
In his professional capacity or in the performance of duty and in the regular
course of business or duty
o By a person deceased or unable to testify, who was in a position to know the facts
stated therein

Entries in Official Records (Sec 44) the following are prima facie evidence of the
facts stated therein:
o Made in the performance of his duty by a :
Public officer of the Phils
Person in the performance of a duty specially enjoined by law

Commercial List and the Like (Sec 45)

o Matters of interest to persons engaged in an occupation contained in a list, register,
periodical or other published compilation
o Tends to prove a relevant matter
o Such compilation is :
Published for use by persons engaged in that occupation
Generally used and relied upon by them

Learned Treatises (Sec 46)

o Published treatise, periodical or pamphlet on a subject of :
o Tend to prove the truth of a matter stated therein if the court takes judicial notice or a
witness expert in the subject testifies
o The writer is recognized in his profession or calling as an expert

Testimony or Deposition at a Former Proceeding (Sec 47)

o By a witness who is deceased or unable to testify
o Testimony in a former case or proceeding, judicial or administrative
o Involving the same parties and subject matter
o Against an adverse party who had the opportunity to examine him

7. Opinion Rule
a. General Rule (Sec 48) : The opinion of a witness is not acceptable
b. Exceptions :
Expert Witness (Sec 49) on a matter requiring special knowledge, skill, experience or
training which he is shown to possess
Ordinary Witness (Sec 50) regarding the following, with proper basis :
o Identity of a person about whom he has adequate knowledge
o Handwriting with which he has sufficient familiarity
o Mental sanity of a person with whom he is sufficiently acquainted

Impressions on emotion, behavior, condition or appearance of a person

8. Character Evidence (Sec 51)

a. Criminal Case
Accused the following may be proved :
o Good moral character accused may prove such if pertinent to the moral trait
involved in the offense charged
o Bad moral character
If pertinent to the moral trait involved in the offense charged
May not be proved by the prosecution
Unless in rebuttal
Offended Party Good or bad moral character may be proved if it tends to establish the
probability or improbability of the offense charged
b. Civil Case
As to a Party in the Civil Case his/her moral character admissible only when
pertinent to the issue of character involved in the case
As to a Witness his/her good character is not admissible until such character has been
impeached (Sec 14, Rule 132)

Rule 131 Burden of Proof and Presumptions

Burden of Proof (Sec 1) the duty of a party to present evidence on the facts in issue necessary to
establish his claim or defense by the amount of evidence required by law

Conclusive Presumptions (Sec 2) :

a. Whenever a party has, by his own declaration, act, or omission, intentionally and
deliberately led to another to believe a particular thing true, and to act upon such belief, he
cannot, in any litigation arising out of such declaration, act or omission, be permitted to falsify it:
b. The tenant is not permitted to deny the title of his landlord at the time of commencement of
the relation of landlord and tenant between them

Disputable Presumptions (Sec 3) the following may be contradicted and overcome by evidence :
1. That a person is innocent of crime or wrong;
2. That an unlawful act was done with an unlawful intent;
3. That a person intends the ordinary consequences of his voluntary act;
4. That a person takes ordinary care of his concerns;
5. That evidence willfully suppressed would be adverse if produced;
6. That money paid by one to another was due to the latter;
7. That a thing delivered by one to another belonged to the latter;
8. That an obligation delivered up to the debtor has been paid;
9. That prior rents or installments had been paid when a receipt for the later one is produced;
10. That a person found in possession of a thing taken in the doing of a recent wrongful act is the
taker and the doer of the whole act; otherwise, that things which a person possess, or exercises
acts of ownership over, are owned by him;
11. That a person in possession of an order on himself for the payment of the money, or the delivery
of anything, has paid the money or delivered the thing accordingly;
12. That a person acting in a public office was regularly appointed or elected to it;
13. That official duty has been regularly performed;
14. That a court, or judge acting as such, whether in the Philippines or elsewhere, was acting in the
lawful exercise of jurisdiction;

15. That all the matters within an issue raised in a case were laid before the court and passed upon
by it; and in like manner that all matters within an issue raised in a dispute submitted for
arbitration were laid before the arbitrators and passed upon by them;
16. That private transactions have been fair and regular;
17. That the ordinary course of business has been followed;
18. That there was a sufficient consideration for a contract;
19. That a negotiable instrument was given or indorsed for a sufficient consideration;
20. That an endorsement of negotiable instrument was made before the instrument was overdue and
at the place where the instrument is dated;
21. That a writing is truly dated;
22. That a letter duly directed and mailed was received in the regular course of the mail;
23. That after an absence of seven years, it being unknown whether or not the absentee still lives, he
is considered dead for all purposes, except for those of succession.
The absentee shall not be considered dead for the purpose of opening his succession till after an
absence of ten years. If he disappeared after the age of seventy-five years, an absence of five
years shall be sufficient in order that his succession may be opened.
The following shall be considered dead for all purposes including the division of the estate among
the heirs:
a. A person on board a vessel lost during a sea voyage, or an aircraft with is missing, who has
not been heard of for four years since the loss of the vessel or aircraft;
b. A member of the armed forces who has taken part in armed hostilities, and has been missing
for four years;
c. A person who has been in danger of death under other circumstances and whose existence
has not been known for four years;
d. If a married person has been absent for four consecutive years, the spouse present may
contract a subsequent marriage if he or she has well-founded belief that the absent spouse is
already death. In case of disappearance, where there is a danger of death the circumstances
hereinabove provided, an absence of only two years shall be sufficient for the purpose of
contracting a subsequent marriage. However, in any case, before marrying again, the spouse
present must institute a summary proceedings as provided in the Family Code and in the
rules for declaration of presumptive death of the absentee, without prejudice to the effect of
reappearance of the absent spouse.
24. That acquiescence resulted from a belief that the thing acquiesced in was conformable to the law
or fact;
25. That things have happened according to the ordinary course of nature and ordinary nature habits
of life;
26. That persons acting as copartners have entered into a contract of co-partnership;
27. That a man and woman deporting themselves as husband and wife have entered into a lawful
contract of marriage;
28. That property acquired by a man and a woman who are capacitated to marry each other and who
live exclusively with each other as husband and wife without the benefit of marriage or under void
marriage, has been obtained by their joint efforts, work or industry.
29. That in cases of cohabitation by a man and a woman who are not capacitated to marry each
other and who have acquire properly through their actual joint contribution of money, property or
industry, such contributions and their corresponding shares including joint deposits of money and
evidences of credit are equal.
30. That if the marriage is terminated and the mother contracted another marriage within three
hundred days after such termination of the former marriage, these rules shall govern in the
absence of proof to the contrary:
a. A child born before one hundred eighty days after the solemnization of the
subsequent marriage is considered to have been conceived during such
marriage, even though it be born within the three hundred days after the
termination of the former marriage.




b. A child born after one hundred eighty days following the celebration of the
subsequent marriage is considered to have been conceived during such
marriage, even though it be born within the three hundred days after the
termination of the former marriage.
That a thing once proved to exist continues as long as is usual with things of the nature;
That the law has been obeyed;
or published;
That a printed or published book, purporting contain reports of cases adjudged in tribunals of the
country where the book is published, contains correct reports of such cases;
That a trustee or other person whose duty it was to convey real property to a particular person
has actually conveyed it to him when such presumption is necessary to perfect the title of such
person or his successor in interest;
That except for purposes of succession, when two persons perish in the same calamity, such as
wreck, battle, or conflagration, and it is not shown who died first, and there are no particular
circumstances from which it can be inferred, the survivorship is determined from the probabilities
resulting from the strength and the age of the sexes, according to the following rules:
If both were under the age of fifteen years, the older is deemed to have survived;
If both were above the age sixty, the younger is deemed to have survived;
If one is under fifteen and the other above sixty, the former is deemed to have survived;
If both be over fifteen and under sixty, and the sex be different, the male is deemed to
have survived, if the sex be the same, the older;
If one be under fifteen or over sixty, and the other between those ages, the latter is
deemed to have survived.
That if there is a doubt, as between two or more persons who are called to succeed each other,
as to which of them died first, whoever alleges the death of one prior to the other, shall prove the
same; in the absence of proof, they shall be considered to have died at the same time. (5a)

When there is no presumption (Sec 4)

1. There is no presumption of legitimacy of a child born after 300 days after the dissolution or
2. Whoever alleges legitimacy or illegitimacy must prove his allegation.

Rule 132 Presentation of Evidence

Examination of Witness
1. Manner (Sec 1)
a. Shall be done in open court
b. Under oath or affirmation
c. Answers shall be given orally, except when :
Incapacitated; OR
When the question calls for a different mode
2. Recording (Sec 2)
a. The entire proceedings of the trial or hearing shall be recorded by means of shorthand or
stenotype or other means found suitable by the court, including the following:
Questions propounded to a witness and his answers to
The statements made by the judge or any of the parties, counsel or witness with
reference to the case
b. The transcript of the record of the proceedings made by the official stenographer, stenotypist
or recorder and certified as correct by him shall be deemed prima facie a correct statement of
such proceedings.
3. Rights and Obligations of a Witness (Sec 3)


a. General Rule : A witness must answer question, although his answer may tend to establish a
claim against him
b. However, the following are his rights :
To be protected from irrelevant, improper, or insulting questions, and from harsh or
insulting demeanor;
Not to be detained longer than the interests of justice require;
Not to be examined except only as to matters pertinent to the issue;
Not to give an answer which will tend to subject him to a penalty for an offense
unless otherwise provided by law; or
Not to give an answer which will 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 presumed. But a
witness must answer to the fact of his previous final conviction for an offense
4. Order of the Examination (Sec 4)
a. Direct Examination (Sec 5) is the examination-in-chief of a witness by the party presenting
him on the fact relevant to issue
b. Cross-Examination (Sec 6)
Upon termination of the direct examination
As to matters stated in the direct examination or connected therewith
Purpose of such examination:
o To test accuracy and truthfulness and freedom from interest or bias; OR
o To elicit all important facts bearing upon the issue
c. Re-direct Examination (Sec 7)
After the cross-examination of the witness has been concluded
In order to explain or supplement his answers given during the cross-examination
Questions on matters not dealt with during the cross-examination may be allowed by the
court in its discretion
d. Re-cross-examination (Sec 8)
Upon conclusion of the re-direct examination
On matters stated in his re-direct examination
Other matters may be allowed by the court in its discretion
5. Recalling Witness (Sec 9)
After examination of a witness by both sides has been concluded
By leave of court
Court will grant or withhold leave as the interest of justice may require
6. Leading and Misleading Questions (Sec 10)
a. Leading Question
One which suggests to the witness his answer which the examining party desire
Leading questions are generally no allowed, except :
o On cross examination;
o On preliminary matters;
o 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;
o Of an unwilling or hostile witness; or
o 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
b. Misleading Question
One which assumes as true a fact not yet testified to by the witness or contrary to that
which he has previously stated


Is not allowed

7. Impeachment of a Witness
a. Of Adverse Partys Witness (Sec 11) may be impeached by:
Contradictory evidence
Evidence that his general reputation for truth, honestly or integrity is bad
Evidence that he has made at other times inconsistent statements with his present
evidence ; requisites to impeach by previous inconsistent statements (Sec 13)
o Relate the statements to him with the circumstances of the times and places and
persons present; if in writing, show the statement to the witness before any question
is put to him
o Ask whether he made such statements
o Allow him to explain them
Conviction of an offense, if it may be shown by the examination of a witness or the record
of the judgment (but not by evidence of a particular wrongful acts)
b. Of Partys Own Witness (Sec 12)
General Rule : A party producing a witness is not allowed to impeach his credibility
Exception :
o Unwilling or hostile
o One 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
Requisites for the exception:
o If declared by the court
o Upon adequate showing of his adverse interest, unjustified reluctance to testify or his
having misled the party into calling him to the witness stand
Exception to the exception: Cannot be impeached by evidence of his bad character
8. Exclusion and Separation of Witnesses (Sec15)
On any trial or hearing, the judge may exclude any witness not at the time under examination
so that he may not hear the testimony of the other witnesses
Judge may also cause witnesses to be kept separate and to be prevented from conversing
with another until after his examination
9. When witness may refer to memorandum (Sec 16) a witness may be allowed to refresh his
memory respecting a fact by:
a. Anything written or recorded by himself or under his direction at the time the fact occurred or
immediate thereafter or any other time when the fact was fresh in his memory
b. Testifying from a writing or record of which he retains no recollection of the particular facts but
is able to swear that the writing or record correctly stated the transaction when made; such
evidence must be received with caution.
10. Effect when a writing / record or part thereof is given in evidence :
a. When a part is given in evidence the whole of the subject matter may be inquired into by the
other party (Sec 17)
b. 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 (Sec 17)
c. When a writing is shown to the witness, it may be inspected by the adverse party (Sec 18)

Authentication and Proof of Documents

1. Classes of Documents (Sec 19)
a. Public Documents


The written official acts, or records of the official acts of the sovereign authority,
official bodies and tribunals, and public officers, whether of the Philippines, or of a
foreign country Proof of Official Record (Sec 24) may be evidenced by :
An official publication thereof; OR
A copy attested by the officer having legal custody of the record and
accompanied, if not kept in the Phils, by a certificate that such officer has
If the office is in a foreign country, the certificate may be made by a secretary
of the embassy or legation, consul general, consul, vice consul or consular
agent or by any officer in the foreign service in the foreign country in which
such record is kept; authenticated by the seal of his office
Attestation (Sec 25) when a copy of a record is attested for evidence, the
attestation must :
State that the copy is a correct copy of the original or a specific part thereof
Be under the official seal of the attesting officer
Be under the seal of a court, if the attesting officer be the clerk of court
o Documents acknowledge before a notary public except last wills and testaments;
Proof of Notarial Documents (Sec 30)
Consist of every instrument duly acknowledged or proved and certified as
provided by law
May be presented without further proof
Such being prima facie evidence of the execution of the instrument or
o Public records, kept in the Philippines, of private documents required by law to the
entered therein
Irremovability of public records (Sec 26) must not be removed from the
office which it is kept except :
Upon order of the court
Where inspection of the record is essential to the just determination of
the pending case
Proof of a public record of a private document (Sec 27) may be proved by:
The original record; OR
A copy thereof :
- Attested by the legal custodian of the record
- With an appropriate certificate that such officer has custody
Nature as evidence (Sec 23)
o Entries in public records made by a public officer in the performance of a duty are
prima facie evidence of the facts stated there
o All other public documents are evidence of the facts that give rise to their execution
and of the date of such, even against third persons
Proof of Lack of Record (Sec 28) the following is admissible as evidence that the
there are no such record or entry in the office:
o Written statement signed by an officer having custody of an official record or his
o That no record or entry of a specified tenor is found to exist in the records of his office
o After diligent search
Any judicial record may be impeached by evidence of (Sec 29):
o Want of jurisdiction in the court or judicial officer
o Collusion between the parties
o Fraud in the party offering the record

b. Private Documents


Consists of all other writings

Proof of private document (Sec 20) its due execution and authenticity must be
proved before it is offered as authentic by:
o Anyone who saw the document executed or written; or
o Evidence of the genuineness of the signature or handwriting of the maker.
The handwriting of a person may be proved by (Sec 22) :
Any witness who believes it to be so because he has seen the person write
or has seen writing
Comparison by the witness or the court with writings admitted or treated as
genuine by the party against whom the evidence is offered or proved to be
genuine to the satisfaction of the judge
Any other private document may be identified as that which it is claimed to be (Sec 20)
When evidence of authenticity not necessary (Sec 21) no other evidence of
authenticity need be given under the following:
o When a private document is more than 30 years old
o Produced from the custody in which it would naturally be found if genuine
o Unblemished by any alterations or circumstances of suspicion
There shall be no difference between sealed and unsealed private documents as to
admissibility (Sec 32)
2. Alteration in Document (Sec 31)
a. The party producing an altered or seemingly altered document must account for the alteration
by showing that the alteration was
Made by another, without his concurrence
Made with the consent of the parties affected by it
Was properly or innocently made
Did not change the meaning or language of the instrument
b. Failure to do so would render the document inadmissible in evidence.

3. Documentary Evidence in Unofficial Language (Sec 33) shall not be admitted in evidence
unless accompanied by a translation in English or Filipino; parties or their attorneys are directed
to have such translation before trial to avoid interruption of proceedings
Offer and Objection
1. No evidence shall be considered when not formally offered; its purpose must be specified (Sec
2. When to make offer (Sec 35):
Kind of Evidence
When to Offer
Testimony of a witness
At the time the witness is called to testify
After the presentation of a partys testimonial
Documentary and object evidence
evidence; such offer shall be done orally
unless allowed by the court in writing
3. Objection
a. When to Object (Sec 36)
If offered orally
On question propounded during oral
Offer in writing

When to Object
Immediately after the offer
As soon as the grounds for objections
become reasonably apparent
Within 3 days after notice, unless a different
period is allowed by the court
***The grounds for objections must be specified.

b. Continuing Objection (Sec 37) may be raised by the adverse party when :


It becomes reasonable apparent that the question propounded are of the same class to
which an objection was made
Whether such objection is sustained or overruled

c. Ruling (Sec 38)

Ruling of the court may be given immediately after the objection is made
Unless the court desires to take a reasonable time to inform itself on the question
Such ruling shall always be made :
o During the trial and
o At such time as will give the party an opportunity to meet the situation presented by
the ruling
The reason for sustaining or overruling need not be stated.
If objection is based on 2 or more grounds, the ruling must specify the ground or grounds
relied upon.
4. Striking out an Answer (Sec 39) the court may order an answer to be striken off the report
a. A witness answers the question before the adverse party had the opportunity to object and
when such is meritorious
b. The answers are incompetent, irrelevant or otherwise improper, upon proper motion.
5. Tender of Excluded Evidence (Sec 40)
a. If a document or thing offered in evidence is excluded by the court, the offer may have the
same attached to or made part of the record
b. If the evidence excluded is oral, the offeror may state for the record the:
Name and other personal circumstances of the witness; and
Substance of the proposed testimony

Rule 133 Weight and Sufficiency of Evidence

Required Burden of Proof
A. Preponderance of Evidence (Sec 1)
1. Applicable in civil cases by the party having the burden of proof
2. To determine such, the court may consider :
a. All the acts and circumstances of the case
b. Witnesses:
Manner of testifying
Means and opportunity of knowing the facts to which they are testifying
Nature of the facts to which they testify
Probability or improbability of the testimony
Interest or want of interest
Personal credibility as may legitimately appear on trial
Number, though preponderance is not necessarily with the greater number
B. Proof Beyond Reasonable Doubt (Sec 2)
1. Applies to a criminal case
2. Accused is entitled to an acquittal unless guilt is shown beyond reasonable ground


3. Does not mean such degree of proof, excluding possibility of error, produced absolute
4. Moral certainty only is required that degree of proof which produces conviction in an
unprejudiced mind.
5. An extrajudicial confession by the accused shall not be sufficient ground for conviction
unless corroborated by corpus delicti (Sec 3)
C. Circumstantial Evidence (Sec 4) is sufficient when:
1. There is more than one circumstances;
2. The facts from which the inferences are derived are proven; and
3. The combination of all the circumstances is such as to produce a conviction beyond
reasonable doubt
D. Substantial Evidence (Sec 5)
1. Applicable to cases before administrative or quasi-judicial bodies
2. Refers to the amount of relevant evidence which a reasonable mind might accept as
adequate to justify a conclusion.

The court may stop the introduction of further testimony when the evidence upon it is so full that
more witnesses cannot be reasonable expected to be additional persuasive; such power to be
exercised with caution (Sec 6)

Evidence on Motion (Sec 7) - When a motion is based on facts not appearing of record the court
may hear the matters on affidavits or deposition, but the court may direct the matter to be heard
wholly or partly on oral testimony or depositions