RULE 128.

GENERAL PROVISIONS applies

privileged communication does not apply
rule between physician and
patient applies
SEC 1. Definition of evidence: admission by conspirator admission by conspirator
does not bind defendant applies
 means sanctioned by the Rules of Court rule on extrajudicial rule applies
confession does not apply
 of ascertaining in a judicial proceeding
 the truth respecting a matter of fact
Proof: probative effect of evidence; persuasion of the mind
resulting from the consideration of evidence.

SEC 2. Scope: rules of evidence is the same in all Rules on evidence may be waived; EG when objectionable
courts and all trials and hearings. EXC: otherwise evidence is not objected to, it becomes admissible because of
waiver.
provided by law or the Rules.

Rules of Court, Rule 1, Sec 4. These Rules shall not apply to SEC 3. Admissibility: evidence is admissible when:
election cases, land registration, cadastral, naturalization and
1. relevant to the issue
insolvency proceedings, and other cases not herein provided
for. EXC: by analogy or in a suppletory character AND when 2. not excluded by law or the Rules
practicable and convenient.

Administrative agencies are not bound by the rules on

Evidence as to the credibility of a witness is always relevant.
evidence (EG labor tribunals, Civil Service Commission.
Multiple admissibility: evidence may be admissible for two or
more purposes; evidence may be admissible for one purpose
When evidence is no longer required: and inadmissible for another; evidence may be admissible
against one party but not against the other.
 pleadings do not tender a question of fact
 agreement of the parties upon the facts Conditional admissibility: relevance of a piece of evidence is
 matters of judicial notice not apparent at the time it is offered, but its relevance is
 matters judicially admitted readily seen when connected to other evidence not yet
 law presumes the truth of a fact offered.
 Rule presumes the truth of a fact
Doctrine of curative admissibility: a party is allowed to
introduce otherwise inadmissible evidence to answer an
opposing party’s previous introduction of inadmissible
Civil case Criminal case
evidence.
preponderance of evidence proof beyond reasonable
doubt Requisites for conviction on circumstantial evidence:
offer of compromise is not offer of compromise MAY
admission of liability against be received in evidence as  more than one
the offeror implied admission of guilt;  facts from which the inferences are derived are
EXC: quasi-offenses or those proven
allowed by law to be  combination of all circumstances is such as to
compromised produce conviction beyond reasonable doubt
presumption of innocence constitutional presumption
does not apply of innocence applies Equipoise rule: in case the evidence is evenly balanced or
no concept of confession accused may confess his there is doubt as to which side the evidence preponderates,
guilt as to the offense the decision must be against the party with the burden of
charged proof.
evidence of moral character not admissible
is admissible
disqualification by death or does not apply
insanity under Rule 130
SEC 4. Relevancy: evidence must have such a
relation to the fact as to induce belief in its
existence or non-existence.
GR: Evidence on collateral matters NOT allowed.
EXC: when it tends in any reasonable degree to
establish the probability or improbability of the
fact in issue.
RULE 129. WHAT NEED NOT BE PROVED
SEC 1. Judicial notice (mandatory): A court shall
take judicial notice, without introduction of
evidence, of:
 existence and territorial extent of states
and their political history, forms of
government and symbols of nationality
 law of nations
 admiralty and maritime courts of the world
and their seals
 political constitution and history of the
Philippines
 the official acts of the legislative, executive
and judicial departments of the PH
 laws of nature
 measure of time
 geographical divisions
SEC 2. Judicial notice (discretionary): A court may
take judicial notice of:
 matters of public knowledge
 matters capable to unquestionable
demonstration
 ought to be known to judges because of
their judicial functions
SEC 3. Judicial notice, hearing: The court may, on
its own initiative or on request of a party,
announce its intention to take judicial notice of
any matter and allow the parties to be heard
thereon.
After the trial and before judgment, or on appeal:
the court may, on its own initiative or on request
of a party, take judicial notice of any matter and
allow the parties to be heard thereon if such
matter is decisive of a material issue in a case.
SEC 4. Judicial admission: an admission, verbal or RULE 130. RULES OF ADMISSIBILITY
written, made by a party in the course of
proceedings in the same case, does not require
proof. EXC: may be contradicted by showing that it A. OBJECT (REAL) EVIDENCE
was made through palpable mistake or no such
admission is made.
SEC 1. Object as evidence: objects as evidence are
those addressed to the sense of the court.
Requisites:
If relevant to the fact in issue, it may be exhibited
 admission is made by a party to a case
 made in the course of proceedings in the same case to, examined or viewed by the court.
 written or oral

Stipulations of facts in the pre-trial constitute judicial

admissions. Requisites:

 relevant and competent

 authenticated
o someone must identify the actual thing
involved in litigation
 authentication must be done by a competent
witness
 must be formally offered in evidence

Rule 132, Sec 34: The court shall not consider evidence which
had not been formally offered.

The right against self-incrimination cannot be invoked against

object evidence, as no testimonial compulsion is involved.

Demonstrative evidence: not the actual thing itself, but a

representation thereof.

Photograph is competent when authenticated by a witness

familiar with the scene or person portrayed, and testifies that
the photograph faithfully represents what it depicts (Sison v
People)
Categories of object evidence:
1. unique objects
 have readily identifiable marks
 witness must testify as to the unique
characteristic, that he saw the same on a
certain date and remembered the
characteristic, and the object shown to him
in court is the same
2. objects made unique
 made readily identifiable
 witness must testify as to what he did to
make the object identifiable, and that the
object presented to him in court has the
characteristics he made on the object
3. non-unique objects
 no identifying mark
 chain of custody must be established to
ensure that the integrity and evidentiary
value of the seized item is preserved
 chain of custody: duly recorded and
authorized movements and custody of an
object from the time of its seizure to the
time it is presented in court
 links of the chain (persons handling the
object) must testify as to how he received
the object, how he handled it to prevent
substitution, and how it was transferred to
another
 drug cases: apprehending officer to
investigating officer to forensic chemist to
the court
 DNA test: how the sample was collected,
how handled, possibility of contamination,
analysis procedure, whether or not
standards and procedure is followed,
qualification of the analyst
B. DOCUMENTARY EVIDENCE
SEC 2. Documentary evidence: Documents as
evidence consist of:
 writing or any material containing letters,
words, numbers, figures, symbols or other
modes of written expression
 offered as proof of their contents
Requisites for admissibility:
 relevant and competent
 authenticated
 authenticated by a competent witness
 formally offered in evidence
B-1. BEST EVIDENCE RULE
SEC 3. When the subject of inquiry is the contents
of a document, no evidence shall be admissible
other than the original document itself. EXC:
1. original had been lost or destroyed, or
cannot be produced in court, without bad
faith on the part of the offeror
2. original is in the custody or under the
control of the party against whom it is
offered, and the latter fails to produce it
after reasonable notice
3. original consists of numerous accounts and
other documents which cannot be
examined in court without great loss of
time, and the fact sought to be established
from them is only the general result of the
whole
4. original is a public record kept in the
custody of a public officer, or is recorded in
a public office
May be waived if not raised in the trial.
Two requisites for the application of the best evidence rule: must be given to the latter to produce it. If after
1. subject matter involves a document such notice, (2) he fails to produce the document
2. subject of inquiry is the contents of the document and (3) satisfactory proof of its existence is
provided, secondary evidence may be presented
as in SEC 5.
SEC 4. Original of a document: the one the
contents of which are the subject of the inquiry.
Requisites for application:
If two or more copies are executed at or about the
same time, with identical contents, all such copies 1. original exists
2. document is in the custody or control of the adverse
are equally regarded as originals. party
3. reasonable notice was given to the adverse party
When an entry is repeated in the regular course of
4. failure to produce the evidence despite notice
business, one being copied from another at or
near the time of transaction, all entries are Requisite for application of numerous accounts exception:
equally regarded as originals. 1. original consists of numerous accounts or documents
2. accounts or documents cannot be examined without
great loss of time
3. the fact sought to be established from them is only
B-2. SECONDARY EVIDENCE the general result of the whole

SEC 5. When the original is lost or destroyed, or
cannot be produced in court, after the offeror
proved (1) its execution and existence and (2)
cause of the unavailability (3) without bad faith on
his part, may prove its contents by the following,
in such order:
SEC 7. When the original of a document is in the
custody of a public officer or recorded in public
office, its contents may be proved by a certified
copy issued by the officer in custody thereof.

 a copy SEC 8. A party who calls for the production of a

 recital of the contents in some authentic document is not obliged to offer it as evidence.
document
 testimony of witnesses

Requisites for application:

1. offeror must prove existence and execution of the

original document
2. offeror must show cause of unavailability
3. no bad faith on his part

Afterwards, he may prove the content by secondary evidence.

SEC 6. When the original is under the custody or

control of the adverse party, (1) reasonable notice
B-3. PAROL EVIDENCE
Best evidence rule Parol evidence
preference for the original not concerned with the
SEC 9. Written agreements (including wills) are document over secondary primacy of evidence;
evidence original is available
considered as containing all terms agreed upon
precludes admission of precludes admission of
and there can be, between the parties and their secondary evidence if the extraneous evidence to
successors in interest, no evidence of terms other original is available prove the terms of a
than the contents of the written agreement. document
can be invoked by any can be invoked only by the
EXC: A party may present evidence to modify, litigant whether or not he is parties to the document
party to the document and their successors in
explain or add to the terms of written agreement interest
if he puts in issue: applies to all forms of applies to written
writing agreements and wills
 intrinsic ambiguity, mistake or
imperfection in the written agreement
 failure of the written agreement to express
the true intent and agreement of the B-4. INTERPRETATION OF DOCUMENTS
parties
 validity of the agreement
 existence of other terms agreed to by the SEC 10. The language of a writing is to be
parties or their successors in interest after interpreted according to the legal meaning it bears
execution of the written agreement in the place of execution. EXC: parties intended
otherwise.

Parol evidence: reference to contracts, it refers to evidence

aliunde or extraneous evidence. Under the rules, it refers not
only to oral but also to written evidence outside the written SEC 11. Construction of an instrument: such as to
contract between the parties. give effect to all provisions.
Becomes operative if the issue in litigation are the terms of
the written agreement.
SEC 12. Construction: intent of the parties is
The ruled does not distinguish between private or public
pursued. Inconsistency with a general and
writing.
particular provision: particular provision is
The rule binds only the parties to the contract and their paramount. Particular intent > general intent.
successors in interest; it does not bind strangers to the
contract, such that a stranger may introduce parol evidence
against the efficacy of the writing.
SEC 13. Construction: circumstances under which
it was made. including the situation of the subject
Intrinsic ambiguity: one which does not appear on the face of thereof and the parties to it, may be shown, so
the writing but lies in the person or thing that is the subject of that the judge may be placed in the position of
the document or deed, or when matters extraneous to the
those whose language he is to interpret.
writing creates ambiguity.

Extrinsic ambiguity: that which appears on the very face of

the instrument, and arises from the defective, obscure or
SEC 14. Terms of a writing are presumed used in
insensible language used.
their primary and general acceptation. EXC:
Only intrinsic ambiguity allows presentation of parol evidence is shown that they have local, technical
evidence.
or otherwise peculiar signification, and were so
used in that particular instance.
SEC 15. Written words control printed words.
SEC 16. When the characters are difficult to
decipher or the language is not understood by the
court, evidence of persons skilled in deciphering
the characters or those who understand the
language is admissible.
SEC 17.
SEC 18. Construction in favor of natural right.
SEC 19. Instrument may be construed according to
usage.
C. TESTIMONIAL EVIDENCE
Testimonial evidence is evidence elicited from the mouth of a
witness.
C-1. QUALIFICATION OF WITNESSES
SEC 20. All persons who can perceive, and
perceiving, can make known their perception to
others, may be witnesses.
Religious or political belief, interest in the
outcome of the case, or conviction of a crime
unless otherwise provided by law, shall NOT be a
ground for disqualification.
Basic qualifications of a witness:
 able to observe
 able to recollect
 able to communicate
In addition, he must also:
 take an oath or affirmation
 not possess any disqualification imposed by law or
the rules
A witness can testify only as to those facts which he knows of
his personal knowledge, in other words derived from his own
perception.
Crimes which are ground for disqualification: those convicted
of falsification of a document, perjury or false testimony
cannot be witnesses to a will.
SEC 21. Disqualification by mental incapacity or
immaturity: The ff cannot be witnesses:
 those whose mental condition , AT THE
TIME OF THEIR PRODUCTION FOR
EXAMINATION, is such that they are
incapable of intelligently making known
their perception to others
 children whose mental maturity is such as
to render them incapable of (1) perceiving
or (2) relating truthfully the facts
respecting which they are examined
Requisites, disqualification by mental incapacity:
 person is incapable of intelligently making known his
perception to others
 incapability exists at the time of his production for
examination
Requisites, disqualification by immaturity:
 mental maturity of witness renders him incapable of
perceiving the facts respecting which he is examined
 he is incapable of relating his perception truthfully

SEC 22. Disqualification by marriage: DURING
THEIR MARRIAGE, neither the husband nor the
wife may testify for or against the other without
consent of the affected spouse. EXC:
 civil case by one against the other
 criminal case for a crime committed by one
against the other, or the latter’s direct
descendants or ascendants
Reasons:
 identity of interests
 to not foster perjury
 guard the security and confidences of private life and
prevent domestic disunion and happiness
 prevent danger of punishment
Application presupposes valid marriage.
Does not distinguish when the facts came to the knowledge
of the testifying spouse; what matters is that the testimony is
given during the marriage.
The wife can testify against other co-accused with her
husband.
In the case of Alvarez v Ramirez, estranged spouse may testify
against or for his or her spouse, even when the marital bonds
had not been severed.
SEC 23. Disqualification by reason of death or
insanity of the other party: parties or assignor of
parties to a case, or persons in whose behalf the
case is prosecuted, against the executor or
administrator or other representative of a
deceased person or a person of unsound mind,
upon a claim or demand against the estate of the
deceased or person of unsound mind, cannot
testify as to any matter of fact occurring before
the death or before the person became of
unsound mind.
Dead Man’s statute, requisites:
 suit is a claim by plaintiff against the estate of the
deceased or person of unsound mind
 defendant is the executor or administrator or
representative of the deceased or person of UM
 witness is the plaintiff, or his assignor, or a person in
whose behalf the case is prosecuted
 subject matter of testimony is any matter of fact
occurring before the death of the deceased or before
the person became of unsound mind
Purpose: to close the lips of the plaintiff when death has
closed the lips of the defendant, in order to remove
temptation to do falsehood against the deceased.
When a counterclaim is set up by the administrator or
executor, the case is removed from the operation of Dead
Man’s statute.
Dead Man’s statute, when waived:
 failure to object
 cross-examination on the prohibited testimony
 offering evidence to rebut the testimony
SEC 24. Disqualification by reason of privileged
communication:
1. husband or wife, DURING OR AFTER the
marriage, as to any communication
received in confidence by one from the
other DURING THE MARRIAGE
 EXC: consent of the other; civil case
by one against the other; criminal
case for a crime committed by one
against the other, or the latter’s
direct descendants or ascendants
2. attorney, as to any communication made
by the client to him, or his advice thereon
IN THE COURSE OF OR WITH A VIEW TO
professional employment. EXC: consent of
the client.
 attorney’s secretary, stenographer
or clerk, concerning any fact the
knowledge of which had been
acquired in such capacity. EXC:
consent of the client and the
employer
3. person authorized to practice medicine,
surgery or obstetrics, IN A CIVIL CASE, as to
any advice or treatment given by him or
any information he acquired in attending
such patient in a professional capacity,
which information was necessary to enable
him to act in such capacity, and which
would blacken the reputation of the
patient. EXC: consent of the patient.
4. minister or priest, as to any confession
made to or advice given by him in his
professional character in the course of
discipline enjoined by the church to which
he belongs. EXC: consent of the person
making the confession.
5. public officer, DURING HIS TERM OR
AFTERWARDS, as to communications made
to him in official confidence, when public
interest would suffer by the disclosure.
Marital privileged communications, requisites:
 valid marriage
 communication received in confidence
 communication was received during the marriage
Confidential information from a third person is not covered.
Marital disqualification Marital privileged
communication
does not refer to such confidential
confidential communications received
communications during marriage
can refer to information limited to information
known prior to the acquired during the
marriage marriage
can no longer be invoked spouse may object even
upon dissolution of after dissolution of
marriage marriage
requires that the affected this does not apply
spouse is a party to the
action
Attorney-client privilege, requisites:
 communication made by the client to attorney, or
advice given by attorney to the client
 communication or advice given in confidence
 communication or advice given in the course of
professional employment, or with a view thereto
EXC:
 client’s purpose is the furtherance of future intended
crime or fraud
 for the purpose of committing a crime
 made in furtherance of an illicit activity
But disclosures after commission of a crime remains
privileged.
Physician-patient privilege, requisites:
 person against whom the privilege is claimed is a
person duly authorized to practice medicine, surgery
or obstetrics
 information refers to:
o advice or treatment given to the client
o made or acquired in a professional capacity
 information was necessary to enable the physician to
act in that capacity
 information sought to be disclosed will blacken the
reputation of the patient
Applies only to civil cases, whether the patient is party
thereto or not.
Priest/minister-penitent privilege
Minister or priest must be ordained or consecrated by his
sect.
Communication must be made pursuant to confession of sins,
made in the minister’s professional or spiritual capacity.
Privilege communications of public officers
Executive privilege: power of the government to withhold
information from the public, the courts and Congress.
There is privilege against disclosure on state secrets on:
 military
 diplomatic
 other national security matters
 information of crimes by law enforcement prior to
prosecution of the accused
 presidential conversations, correspondences and
discussions in closed-door cabinet meetings
Right of the people to information on matters of public
concern: not absolute; final text of treaties and executive
agreements may not be left confidential, the offers exchanged
by the parties during negotiations are privileged.
C-2. TESTIMONIAL PRIVILEGE
SEC 25. Parental and filial privilege: no person may
be compelled to testify against his parents, other
direct ascendants, children or other direct
descendants.
Parntal privilege rule: parent cannot be compelled to testify
against his child or other direct descendants.
Filial privilege: a child may not be compelled to testify agasint
his parents or other direct ascendants.
Family Code: no descendant shall be compelled, IN A
CRIMINAL CASE, to testify against this parents and
grandparents. EXC: testimony is indispensable in a crime
committed against the descendant, or crime committed by
one parent against the other.
Other privileged communication not mentioned in Rules:
 editor may not be compelled to disclose source of
published news
 voters may not be compelled to disclose for whom
they voted
 trade secrets
 information contained in tax census returns
 bank deposits
 information and statements made in conciliation
proceedings
 institutions and its officers and employees who
communicated a suspicious transaction under the
AMLA cannot disclose the fact of such report, that
such report was made and other related information
C-3. ADMISSIONS AND CONFESSIONS SEC 30. Conspirator:

 relating to the conspiracy

 during existence of the conspiracy
SEC 26. Admission:
o shown by evidence other than the
 act, declaration or omission of a party act or declaration
 as to a relevant fact
Admissions may be given in evidence against the
SEC 31. Privies: when the party derives title to
admitting party.
property from another, the act or declaration of
the latter WHILE HOLDING THE TITLE is evidence
against the former.
SEC 27. Offer of compromise:

 Civil case: not admission of liability; not

admissible in evidence against offeror
 Criminal case: may be received in evidence
as implied admission of guilt.
o EXC: quasi-offenses and offenses
allowed by law to be compromised
Plea of guilty later withdrawn, or unaccepted plea
of guilty to a lesser offense: NOT admissible
against the accused.
SEC 32. Admission by silence:
 act or declaration made in the presence
and within the hearing or observation of
the party
 party does or says nothing when proper
and possible for him to do so
 act or declaration naturally calls for action
or comment if not true

Offer to pay or payment of expenses occasioned

by injury: NOT admissible as proof of criminal or
SEC 33. Confession: declaration of an accused
civil liability.
acknowledging his guilt of the offense charged is
admissible.

SEC 28. GR: Rights of a party cannot be prejudiced

by an act, declaration or omission of another.

EXC:

SEC 29. Partner, agent, joint owner, joint debtor,

other persons with which the party is with joint
interest:

 within the scope of authority

 during the existence of the partnership or
agency or joint interest
o must be shown by evidence other
than the act or declaration
C-4. PREVIOUS CONDUCT AS EVIDENCE
SEC 34. Evidence that one did or did not do a thing
one time is NOT evidence that one did or did not
do a similar thing at another time.
EXC: may be proof of specific intent or knowledge:
identity, plan, system, scheme, habit, custom or
usage.
SEC 35. Rejection without valid cause of offer in
writing to pay a particular sum or deliver a written
instrument or personal property is equivalent to
actual production or tender of the same.
C-5. TESTIMONIAL KNOWLEDGE
SEC 36. GR: Witness can testify only as to facts
which he knows of his personal knowledge
(derived from his own perception).
C-6. EXCEPTIONS TO THE HEARSAY RULE
SEC 37. Dying declaration, requisites:
 declaration of a dying person
 made under consciousness of impending
death
 death is subject of inquiry
 may be taken as evidence of the cause and
surrounding circumstances of such death
SEC 38. Declaration against interest:
 declaration made by a deceased person or
person unable to testify
 against his own interest
 a reasonable man in his position would not
have made the declaration unless he
believed it to be true
 may be received in evidence against him,
his successors in interest and third persons
SEC 39. Act or declaration about pedigree:
 declaration of a deceased or unable to
testify
 occurred before the controversy
 in respect to pedigree of another person
related to him by birth or marriage
o relationship shown by evidence
other than the declaration
Pedigree includes: relationship, family genealogy,
birth, marriage, death, dates and places when
these occurred, names of relative.
SEC 42. Res gestae:
  statement made by a person while a
startling occurrence is taking place or
immediately prior or subsequent thereto
o with respect to the circumstances
of the starting occurrence
 statement accompanying an equivocal act
material to the issue
o giving it legal significance
 published treatise, periodical or pamphlet
on a subject of science, history, law or art
 writer is recognized in his profession or
calling as expert
o judicial notice; or
o witness expert in the subject
testifies
 admissible to prove the truth of
statements therein

Elements of res gestae (statement):

 startling occurrence SEC 47. Testimony or deposition at a former

 statement made during the startling occurrence
 made without time to devise falsehood
 relates to the occurrence and its surrounding
circumstances
Elements of res gestae (act):
 principal act which is equivocal
 act is material to the issue
 statement accompanies the act
 statement gives legal significance to the act
proceeding:
 testimony or deposition of deceased or
person unable to testify
 given in a former case or proceeding
o judicial or administrative
 same parties and same subject matter
 adverse party had opportunity to cross-
examine him

SEC 43. Entries in the course of business:

 entries made at, or near the time of

transactions to which they refer
o made in professional capacity or
performance of duty in the ordinary
course of business
 by persons deceased or unable to testify
 who was in position to know the facts
stated therein

SEC 44. Entries in official records:

 made in performance of public duty by a

public officer of the Philippines
 made by a person in the performance of a
duty enjoined by law
 prima facie evidence of the facts stated
therein
SEC 46. Learned treatises:
C-7. OPINION RULE
SEC 48. GR: witness opinion is NOT admissible.
EXC:
SEC 49. Opinion of expert witness:
 matter requiring special knowledge, skill,
experience or training
 in which he is shown to possess
SEC 50. Opinion of ordinary witness:
 identity of person about whom he has
adequate knowledge;
 handwriting in which he has sufficient
familiarity;
 mental sanity of a person with whom he is
sufficiently acquainted
 witness’ impression of the emotion,
behavior, condition or appearance of a
person
C-8. CHARACTER EVIDENCE
SEC 51. GR: Character evidence NOT admissible.
EXC:
 criminal case
o accused may prove his good moral
character pertinent in the moral
trait involved in the offense charged
o prosecution may prove accused’s
bad moral character pertinent to
the crime charged ONLY IN
REBUTTAL
o good or bad moral character of
OFFENDED PARTY may be proved if
it tends to prove in any reasonable
degree the probability or improba-
bility of the offense charged
 civil case:
o ONLY IF pertinent to the issue of
character involved in the case
 RULE 132, SEC 14
RULE 131. BURDEN OF PROOF AND
PRESUMPTIONS
SEC 1. Burden of proof:
 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
SEC 2. Conclusive presumptions:
 estoppel
o a party, by act, omission or
declaration
o intentionally and deliberately led
another to believe a particular thing
true and to act upon such belief
 tenant not permitted to deny title of his
landlord at the time of the commencement
of the relation of landlord and tenant
SEC 3. Disputable presumptions:
 person is innocent of a crime or wrong
 unlawful act is done with unlawful intent
 intention to cause ordinary consequences
of voluntary act
 person takes ordinary care of his concerns
 evidence willfully suppressed will be
adverse if produced
 money paid by one to another is due to the
latter
 thing delivered by one to the other belongs
to the latter
 obligation delivered up to the debtor had
been paid
 prior rents or installments had been paid
when receipt for a later one is produced
 person found in possession of a thing taken
recently through an unlawful act is the
taker and doer of the whole act
 things a person possesses or exercises acts
of ownership over, are owned by him
 person in possession of an order on
himself to pay or deliver anything had
already paid or delivered
 person acting in public office was regularly
appointed or elected thereto
 official duty had been regularly performed
 court, in PH or abroad, was acting in the
lawful exercise of its jurisdiction
 all matters raised in a case were laid before
a court and passed upon by it; same with
arbitrators
 private transactions are fair and regular
 ordinary course of business had been
followed
 there is sufficient consideration for a
contract
 endorsement of a negotiable instrument
was made before it was overdue and at the
place where the instrument is dated
 writing is truly dated
 letter duly directed and mailed was
received in the regular course of the mail
 after absence of 7 years, a person is
presumed dead for all purposes except
succession
 acquiescence made in the belief that the
thing acquiesced was conformable to law
or fact
 things happened according to the ordinary
course of nature
 persons acting as co-partners entered into
a contract of co-partnership
 man and woman deporting themselves as
husband and wife entered into a contract
of marriage
 property acquired by man and woman
capacitated to marry each other but
without benefit of marriage or under void
marriage was obtained through joint effort
SEC 4. No presumption of legitimacy of a child
born after 300 days from dissolution of marriage
or separation of spouses; he who alleges
legitimacy or illegitimacy shall prove the same.
RULE 132: PRESENTATION OF EVIDENCE

A. EXAMINATION OF WITNESSES
SEC 1. Examination of witnesses:

 done in open court

 under oath or affirmation
 answers given orally
o EXC: witness is incapacitated to
speak OR question calls for a
different mode of answer

SEC 2. Transcript of records by stenographer is

prima facie deemed to be correct.

SEC 3. Witness must answer questions though his

answers may establish a claim against him.
Rights of a witness:

 protection from irrelevant, improper or

insulting questions, and from harsh or
insulting demeanor
 not to be detained longer than the
interests of justice requires
 no to be examined unless to matters
pertinent to the issue
 not to give an answer which will tend to
subject him to penalty for an offense
 not to give an answer which will tend to
degrade his reputation EXC if it is the very
fact in issue
o EXC: a witness must answer to the
fact of his previous conviction of an
offense

SEC 4. Order of examination

SEC 5. Direct examination: examination-in-chief of

a witness by the party presenting him on the facts
relevant to the issue.
SEC 6. Cross-examination: extends to matters
stated in the direct examination OR connected
therewith.
SEC 7. Re-direct examination: GR: extends to
answers given during the cross-examination. EXC:
matters not dealt with during cross, at the
discretion of the court.
SEC 11. Impeachment, grounds:
 contradictory evidence
 evidence that his general reputation for
truth, honesty or integrity is bad
 evidence that he has made at other times
statements inconsistent with his present
testimony
Non-impeachable grounds:

 evidence of particular wrongful acts

o EXC, when impeachable ground:
SEC 8. Re-cross: extends to matters stated in the
conviction of an offense shown
re-direct. Court has direction to allow other
through examination of the witness
matters.
or records of judgment

SEC 9. After examination, the witness cannot be

SEC 12. GR: a party presenting a witness is not
recalled to testify. EXC: leave of court.
allowed to impeach the latter’s credibility.
EXC:
SEC 10. Leading question, or a question which
 unwilling or hostile witness
suggests to the witness the answer which the
 witness which is adverse party or officer of
examining party desires, GR: NOT allowed.
adverse corporation or association
EXC:
Unwilling or hostile witness:
 on cross-examination
 declared so by the court
 on preliminary matters
 grounds:
 when there is difficulty in getting direct o adverse interest
and intelligible answers from witness who o unjustified reluctance to testify
is ignorant, a child of tender years, of o having misled the party to call him
feeble mind, or a deaf-mute to the witness stand
 unwilling or hostile witness
 witness who is an adverse party, or an Unwilling or hostile witness may be impeached by
officer director or managing agent to a the presenting party on any ground EXCEPT bad
public or private corporation, partnership character.
or association which is an adverse party
Misleading question, or 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.

SEC 13. Impeachment by inconsistent statements:

  statements must be related to him
 circumstances of place, time and persons
present
 he must be asked whether he made such
statements
o if so, allowed to explain them
 if in writing, they must first be shown to
the witness before he is questioned
SEC 14. GR: Evidence of good character of a
witness is NOT admissible. EXC: when such
character had been impeached.
SEC 16. Witness may be allowed to refresh his
memory as to a fact by anything recorded or
written by himself or upon his direction, at any
time when the event was still fresh in his memory
when recorded.
SEC 17. When an act, declaration, conversation,
writing or record is given in evidence by one party,
the whole of the same subject may be inquired
into by the other.
Any other act, declaration, conversation, writing
or record necessary to its understanding may also
be given in evidence.
SEC 18. Whenever a writing is shown to a witness,
it may be inspected by the adverse party.
B. AUTHENTICATION AND PROOF OF DOCUMENTS
SEC 19. Documents are either public or private.
Public documents:
 written official acts, records of the official
acts of the sovereign authority, official
bodies and tribunals, and public officers,
whether of PH or foreign country
 documents acknowledged before a notary
public EXC last wills and testaments
 public records kept in PH of private
documents required by law to be entered
therein
Private documents: documents not public.
SEC 20. If offered as authentic, due execution and
authenticity of private document must be proved:
 by anyone who saw the document
executed or written
 by evidence of the genuineness of the
signature and handwriting of the maker
SEC 21. When evidence of authenticity of private
document not necessary:
 more than 30 years old
 produced from custody in which it would
naturally be found if genuine
 unblemished by alteration or
circumstances of suspicion
SEC 22. How genuineness of handwriting is SEC 33. Document evidence in unofficial language
proved: shall not be admitted as evidence, UNLESS
accompanied by translation to English or Filipino.
 witness
o has seen the person write
o has seen writing purporting to be
his
 by comparison with writings admitted or
treated as genuine by the party against
whom the evidence is offered
 any other manner to the satisfaction of the
judge

SEC 23. Public records are prima facie evidence of

the facts stated therein.
All other public documents are evidence of the
fact which gave rise to their execution and date
therein.

SEC 28. Proof of lack of record:

 written statement signed by officer having

custody of the official record
 after diligent search, no record of the
specified tenor is found to exist in his office
 certificate that such officer has custody

SEC 29. Judicial records, grounds for

impeachment:

 want of jurisdiction
 collusion
 fraud by party offering the record

SEC 30. Notarial documents prima facie proof of

the due execution thereof.

SEC 31. Seal: no difference between sealed and

unsealed private document insofar as
admissibility as evidence is concerned.
C. OFFER AND OBJECTION will give the party opportunity to meet the
situation presented by the ruling.
Reason for sustaining or overruling need not be
SEC 34. The court shall consider no evidence
stated. EXC: objection made on two or more
UNLESS formally offered, and the purpose for
grounds, ruling sustaining one or more objections
which specified.
must be stated.

SEC 35. When to offer:

 witness testimony: at the time the witness
is called to testify.
 documentary and object evidence: after
the presentation of a party’s testimonial
evidence.
SEC 36. Objection, when done:
 evidence offered orally: immediately after
offer is made
 question propounded in the course of oral
examination: as soon as the ground
therefor becomes reasonably apparent
 evidence offered in writing: within 3 days
after notice
Grounds for objection must be specified.
SEC 37. Repetition of objection, when
unnecessary:
SEC 39. Should a witness answer question before
adverse party had the opportunity to fully voice
its objection to the same, and the objection is
found to be meritorious, the court shall sustain
the objection and order the answer stricken off
the record.
On proper motion, the court may also order
striking out of incompetent, irrelevant or
otherwise improper.
SEC 40. Tender of excluded evidence: when
documents or things offered in evidence are
excluded by the court, the offeror may have the
same attached to or made part of the record.
If oral evidence is excluded, the offeror may state
for the record the name and other personal
circumstance of witness and substance of
proposed testimony.

 question being propounded is the same

class as those to which objection had been
made
 whether such objection had been
sustained or overruled
 adverse party shall record his continuing
objection to such class of questions

SEC 38. Ruling of court on objection must be given

immediately after the objection is made. EXC:
court desires to take a reasonable time to inform
itself of the question presented. But the ruling
shall be made during the trial and at such time as
Flowchart

1. Check if it needs to be proved.

 judicial notice
 judicial admission
 presumption

2. Who has the burden?

3. Distinguish between the kinds of evidence.

 Object
 is it relevant and competent?
 is it authenticated?
 is it the thing itself?
 was it offered?
 was the chain of custody proved?
 Documentary
 is it offered to prove the truth of its
contents?
 best evidence
 EXC to best evidence
 parole evidence
 is it authenticated?
 public or private?
 Testimonial
 is the witness qualified?
 is the witness impeachable?
 is the testimony hearsay?
 EXC to hearsay

4. Was it offered?