PART IV REVISED RULES ON EVIDENCE RULE 128 GENERAL PROVISIONS SECTION 1. Evidence defined.

Evidence is the means, sanctioned by these rules, of ascertaining in a udicial !roceeding the truth res!ecting a matter of fact. "1# SECTION $. Scope. The rules of evidence shall be the same in all courts and in all trials and hearings, e%ce!t as other&ise !rovided by la& or these rules. "$a# SECTION '. Admissibility of evidence. Evidence is admissible &hen it is relevant to the issue and is not e%cluded by the la& or these rules. "'a# SECTION (. 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 any reasonable degree to establish the !robability or im!robability of the fact in issue. "(a# RULE 129 What Need Not Be Proved SECTION 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 history, forms of government and symbols of nationality, the la& of nations, the admiralty and maritime courts of the &orld and their seals, the !olitical constitution and history of the -hili!!ines, the official acts of the legislative, e%ecutive and udicial de!artments of the -hili!!ines, the la&s of nature, the measure of time, and the geogra!hical divisions. "1a# SECTION $. Judicial notice, when discretionary . + court may ta,e udicial notice of matters &hich are of !ublic ,no&ledge, or are ca!able of un.uestionable demonstration, or ought to be ,no&n to udges because of their udicial functions. "1a#

SECTION '. Judicial notice, when hearin necessary. /uring the trial, the court, on its o&n initiative, or on re.uest of a !arty, may announce its intention to ta,e udicial notice of any matter and allo& the !arties to be heard thereon.
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+fter the trial, and before udgment or on a!!eal, the !ro!er court, on its o&n initiative or on re.uest of a !arty, may ta,e udicial notice of any matter and allo& the !arties to be heard thereon if such matter is decisive of a material issue in the case. "n# SECTION (. Judicial admissions. +n admission, verbal or &ritten, made by a !arty in the course of the !roceedings in the same case, does not re.uire !roof. The admission may be contradicted only by sho&ing that it &as made through !al!able mista,e or that no such admission &as made. "$a# RULE 130 Rules of Admissibility +. !b"ect #Real$ Evidence SECTION 1. !b"ect as evidence. % Ob ects as evidence are those addressed to the senses of the court. 2hen an ob ect is relevant to the fact in issue, it may be e%hibited to, e%amined or vie&ed by the court. "1a#

3. /ocumentary Evidence SECTION $. /ocumentary evidence. /ocuments as evidence consist of &ritings or any material containing letters, &ords, numbers, figures, symbols or other modes of &ritten e%!ressions offered as !roof of their contents. "n# 1. 3est Evidence 4ule SECTION '. Original document must be !roduced) e%ce!tions. 2hen the sub ect of in.uiry is the contents of a document, no evidence shall be admissible other than the original document itself, e%ce!t in the follo&ing cases5

"a# 2hen the original has been lost or destroyed, or cannot be !roduced in court, &ithout bad faith on the !art of the offeror) "b# 2hen the original is in the custody or under the control of the !arty against &hom the evidence is offered, and the latter fails to !roduce it after reasonable notice) "c# 2hen the original consists of numerous accounts or other documents &hich cannot be e%amined in court &ithout great loss of time and the fact sought to be established from them is only the general result of the &hole) and "d# 2hen the original is a !ublic record in the custody of a !ublic officer or is recorded in a !ublic office. "$a# SECTION (. !ri inal of document. "a# The original of a document is one the contents of &hich are the sub ect of in.uiry. "b# 2hen 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.ually regarded as originals. "c# 2hen an entry is re!eated in the regular course of business, one being co!ied from another at or near the time of the transaction, all the entries are li,e&ise e.ually regarded as originals. "'a# $. Secondary Evidence SECTION 1. When ori inal document is unavailable . 2hen the original document has been lost or destroyed, or cannot be !roduced in court, the offeror, u!on !roof of its e%ecution or e%istence and the cause of its unavailability &ithout bad faith on his !art, may !rove its contents by a co!y, or by a recital of its contents in some authentic document, or by the testimony of &itnesses in the order stated. "(a# SECTION 6. When ori inal document is in adverse party&s custody or control. If the document is in the custody or under the control of the adverse !arty, he must have reasonable notice to !roduce it. If after such

notice and after satisfactory !roof of its e%istence, he fails to !roduce the document, secondary evidence may be !resented as in the case of its loss. "1a# SECTION 7. Evidence admissible when ori inal document is a public record. 2hen the original of a document is in the custody of a !ublic officer or is recorded in a !ublic office, its contents may be !roved by a certified co!y issued by the !ublic officer in custody thereof. "$a# SECTION 8. Party who calls for document not bound to offer it. + !arty &ho calls for the !roduction of a document and ins!ects the same is not obliged to offer it as evidence. "6a# '. Parol Evidence Rule SECTION 9. Evidence of written a reements. 2hen the terms of an agreement have been reduced to &riting, it is considered as containing all the terms agreed 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 agreement. :o&ever, a !arty may !resent evidence to modify, e%!lain or add to the terms of the &ritten agreement if he !uts in issue in his !leading5 "a# +n intrinsic ambiguity, mista,e or im!erfection in the &ritten agreement) "b# The failure of the &ritten agreement to e%!ress the true intent and agreement of the !arties thereto) "c# The validity of the &ritten agreement) or "d# The e%istence of other terms agreed to by the !arties or their successors in interest after the e%ecution of the &ritten agreement. The term ;agreement; includes &ills. "7a# (. 'nterpretation of (ocuments SECTION 10. 'nterpretation of a writin accordin to its le al meanin . The language of a &riting is to be inter!reted according to the legal meaning it bears in the !lace of its e%ecution, unless the !arties intended other&ise. "8#

SECTION 11. 'nstrument construed so as to ive effect to all provisions. In the construction of an instrument &here there are several !rovisions or !articulars, such a construction is, if !ossible, to be ado!ted as &ill give effect to all. "9# SECTION 1$. 'nterpretation accordin to intention) eneral and particular provisions. In the construction of an instrument, the intention of the !arties is to be !ursued) and &hen a general and a !articular !rovision are inconsistent, the latter is !aramount to the former. So a !articular intent &ill control a general one that is inconsistent &ith it. "10# SECTION 1'. 'nterpretation accordin to circumstances . <or the !ro!er construction of an instrument, the circumstances under &hich it &as made, including the situation of the sub ect thereof and of the !arties to it, may be sho&n, so that the udge may be !laced in the !osition of those &hose language he is to inter!ret. "11# SECTION 1(. Peculiar si nification of terms . The terms of a &riting are !resumed to have been used in their !rimary and general acce!tation, but evidence is admissible to sho& that they have a local, technical, or other&ise !eculiar signification, and &ere so used and understood in the !articular instance, in &hich case the agreement must be construed accordingly. "1$# SECTION 11. Written words control printed. 2hen an instrument consists !artly of &ritten &ords and !artly of a !rinted form, and the t&o are inconsistent, the former controls the latter. "1'# SECTION 16. E)perts and interpreters to be used in e)plainin certain writin s. 2hen the characters in &hich an instrument is &ritten are difficult to be deci!hered, or the language is not understood by the court, the evidence of !ersons s,illed in deci!hering the characters, or &ho understand the language, is admissible to declare the characters or the meaning of the language. "1(# SECTION 17. !f two constructions, which preferred. 2hen the terms of an agreement have been intended in a different sense by the different !arties to it, that sense is to !revail against either !arty in &hich he su!!osed the other understood it, and &hen different constructions of a !rovision are other&ise e.ually !ro!er, that is to be ta,en &hich is the most favorable to the !arty in &hose favor the !rovision &as made. "11#

SECTION 18. *onstruction in favor of natural ri ht. 2hen an instrument is e.ually susce!tible of t&o inter!retations, one is favor of natural right and the other against it, the former is to be ado!ted. "16# SECTION 19. 'nterpretation accordin to usa e. +n instrument may be construed according to usage, in order to determine its true character. "17# C. +estimonial Evidence 1. ,ualification of Witnesses SECTION $0. Witnesses) their -ualifications. E%ce!t as !rovided in the ne%t succeeding section, all !ersons &ho can !erceive, and !erceiving, can ma,e ,no&n their !erce!tion to others, may be &itnesses. 4eligious or !olitical belief, interest in the outcome of the case, or conviction of a crime unless other&ise !rovided by la&, shall not be a ground for dis.ualification. "18a# SECTION $1. (is-ualification by reason of mental incapacity or immaturity. The follo&ing !ersons cannot be &itnesses5 "a# Those &hose mental condition, at the time of their !roduction for e%amination, is such that they are inca!able of intelligently ma,ing ,no&n their !erce!tion to others) "b# Children &hose mental maturity is such as to render them inca!able of !erceiving the facts res!ecting &hich they are e%amined and of relating them truthfully. "19a# SECTION $$. (is-ualification by reason of marria e . /uring their marriage, neither the husband nor the &ife may testify for or against the other &ithout the consent of the affected s!ouse, e%ce!t in a civil case by one against the other, or in a criminal case for a crime committed by one against the other or the latter=s direct descendants or ascendants. "$0a# SECTION $'. (is-ualification by reason of death or insanity of adverse party. -arties or assignors of !arties to a case, or !ersons in &hose behalf a case is !rosecuted, against an e%ecutor or administrator or other re!resentative of a deceased !erson, or against a !erson of unsound mind, u!on a claim or demand against the estate of such deceased !erson or against such !erson of unsound mind, cannot testify as to any matter of

fact occurring before the death of such deceased !erson or before such !erson became of unsound mind. "$0a#
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SECTION $(. (is-ualification by reason of privile ed communication . The follo&ing !ersons cannot testify as to matters learned in confidence in the follo&ing cases5 "a# The husband or the &ife, during or after the marriage, cannot be e%amined &ithout the consent of the other as to any communication received in confidence by one from the other during the marriage e%ce!t in a civil case by one against the other, or in a criminal case for a crime committed by one against the other or the latter=s direct descendants or ascendants) "b# +n attorney cannot, &ithout the consent of his client, be e%amined as to any communication made by the client to him, or his advice given thereon in the course of, or &ith a vie& to, !rofessional em!loyment, nor can an attorney=s secretary, stenogra!her, or cler, be e%amined, &ithout the consent of the client and his em!loyer, concerning any fact the ,no&ledge of &hich has been ac.uired in such ca!acity) "c# + !erson authori>ed to !ractice medicine, surgery or obstetrics cannot in a civil case, &ithout the consent of the !atient, be e%amined as to any advice or treatment given by him or any information &hich he may have ac.uired in attending such !atient in a !rofessional ca!acity, &hich information &as necessary to enable him to act in that ca!acity, and &hich &ould blac,en the re!utation of the !atient) "d# + minister or !riest cannot, &ithout the consent of the !erson ma,ing the confession, be e%amined as to any confession made to or any advice given by him in his !rofessional character in the course of disci!line en oined by the church to &hich the minister or !riest belongs) "e# + !ublic officer cannot be e%amined during 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 by the disclosure. "$1a# $. +estimonial Privile e SECTION $1. Parental and filial privile e. No !erson may be com!elled to testify against his !arents, other direct ascendants, children or other direct descendants. "$0a# '. Admissions and *onfessions SECTION $6. Admission of a party. The act, declaration or omission of a !arty as to a relevant fact may be given in evidence against him. "$$# SECTION $7. !ffer of compromise not admissible . In civil cases, an offer of com!romise is not an admission of any liability, and is not admissible in evidence against the offeror.
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In criminal cases, e%ce!t those involving .uasi*offenses "criminal negligence# or those allo&ed by la& to be com!romised, an offer of com!romise by the accused may be received in evidence as an im!lied admission of guilt. + !lea of guilty later &ithdra&n, or an unacce!ted offer of a !lea of guilty to a lesser offense, is not admissible in evidence against the accused &ho made the !lea or offer. +n offer to !ay or the !ayment of medical, hos!ital or other e%!enses occasioned by an in ury is not admissible in evidence as !roof of civil or criminal liability for the in ury. "$(a# SECTION $8. Admission by third party. The rights of a !arty cannot be !re udiced by an act, declaration, or omission of another, e%ce!t as hereinafter !rovided. "$1a# SECTION $9. Admission by co.partner or a ent. The act or declaration of a !artner or agent of the !arty &ithin the sco!e of his authority and during the e%istence of the !artnershi! or agency, may be given in evidence against such !arty after the !artnershi! or agency is sho&n by evidence other than such act or declaration. The same rule a!!lies to the act or declaration of a oint o&ner, oint debtor, or other !erson ointly interested &ith the !arty. "$6a#

SECTION '0. Admission by conspirator. The act or declaration of a cons!irator relating to the cons!iracy and during its e%istence, may be given in evidence against the co*cons!irator after the cons!iracy is sho&n by evidence other than such act or declaration. "$7# SECTION '1. Admission by privies. 2here one derives title to !ro!erty from another, the act, declaration, or omission of the latter, &hile holding the title, in relation to the !ro!erty, is evidence against the former. "$8# SECTION '$. Admission by silence. +n act or declaration made in the !resence and &ithin the hearing or observation of a !arty &ho does or says nothing &hen the act or declaration is such as naturally to call for action or comment if not true, and &hen !ro!er and !ossible for him to do so, may be given in evidence against him. "$'a# SECTION ''. *onfession. The declaration of an accused ac,no&ledging his guilt of the offense charged, or of any offense necessarily included therein, may be given in evidence against him. "$9a# (. Previous *onduct as Evidence SECTION '(. Similar acts as evidence. Evidence that one did or did not do a certain thing at one time is not admissible to !rove that he did or did not do the same or a similar thing at another time) but it may be received to !rove a s!ecific intent or ,no&ledge, identity, !lan, system, scheme, habit, custom or usage, and the li,e. "(8a# SECTION '1. /naccepted offer. % +n offer in &riting to !ay a !articular sum of money or to deliver a &ritten instrument or s!ecific !ersonal !ro!erty is, if re ected &ithout valid cause, e.uivalent to the actual !roduction and tender of the money, instrument, or !ro!erty. "(9a# 1. +estimonial 0nowled e SECTION '6. +estimony enerally confined to personal 1nowled e) hearsay e)cluded. + &itness can testify only to those facts &hich he ,no&s of his !ersonal ,no&ledge) that is, &hich are derived from his o&n !erce!tion, e%ce!t as other&ise !rovided in these rules. "'0a# 6. E)ceptions to the 2earsay Rule SECTION '7. (yin declaration. The declaration of a dying !erson, made under the consciousness of an im!ending death, may be received in

any case &herein his death is the sub ect of in.uiry, as evidence of the cause and surrounding circumstances of such death. "'1a# SECTION '8. (eclaration a ainst interest. % The declaration made by a !erson deceased, or unable to testify, against the interest of the declarant, if the fact asserted in the declaration &as at the time it &as made so far contrary 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, may be received in evidence against himself or his successors in interest and against third !ersons. "'$a# SECTION '9. Act or declaration about pedi ree. The act or declaration of a !erson deceased, or unable to testify, in res!ect to the !edigree of another !erson related to him by birth or marriage, may be received in evidence &here it occurred before the controversy, and the relationshi! bet&een the t&o !ersons is sho&n by evidence other than such act or declaration. The &ord ;!edigree; includes relationshi!, family genealogy, birth, marriage, death, the dates &hen and the !laces &here these facts occurred, and the names of the relatives. It embraces also facts of family history intimately connected &ith !edigree. "''a# SECTION (0. 3amily reputation or tradition re ardin pedi ree . The re!utation or tradition e%isting in a family !revious to the controversy, in res!ect to the !edigree of any one of its members, may be received in evidence if the &itness testifying thereon be also a member of the family, either by consanguinity or affinity. Entries in family bibles or other family boo,s or charts, engravings on rings, family !ortraits and the li,e, may be received as evidence of !edigree. "'(a# SECTION (1. *ommon reputation. Common re!utation e%isting !revious to the controversy, res!ecting facts of !ublic or general interest more than thirty years old, or res!ecting marriage or moral character, may be given in evidence. ?onuments and inscri!tions in !ublic !laces may be received as evidence of common re!utation. "'1# SECTION ($. Part of the res estae. Statements made by a !erson &hile a startling occurrence is ta,ing !lace or immediately !rior or subse.uent thereto &ith res!ect to the circumstances thereof, may be given in evidence as !art of the res estae. So, also, statements accom!anying an e.uivocal act material to the issue, and giving it a legal significance, may be received as !art of the res estae. "'6a#

SECTION ('. Entries in the course of business . % Entries made at, or near the time of the transactions to &hich they refer, by a !erson deceased, or unable to testify, &ho &as in a !osition to ,no& the facts therein stated, may be received as prima facie evidence, if such !erson made the entries in his !rofessional ca!acity or in the !erformance of duty and in the ordinary or regular course of business or duty. "'7a# SECTION ((. Entries in official records. Entries in official records made in the !erformance of his duty by a !ublic officer of the -hili!!ines, or by a !erson in the !erformance of a duty s!ecially en oined by la&, are prima facie evidence of the facts therein stated. "'8#

SECTION (1. *ommercial lists and the li1e. Evidence of statements of matters of interest to !ersons engaged in an occu!ation contained in a list, register, !eriodical, or other !ublished com!ilation is admissible as tending to !rove the truth of any relevant matter so stated if that com!ilation is !ublished for use by !ersons engaged in that occu!ation and is generally used and relied u!on by them therein. "'9# SECTION (6. 4earned treatises. + !ublished treatise, !eriodical or !am!hlet on a sub ect of history, la&, science or art is admissible as tending 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 recogni>ed in his !rofession or calling as e%!ert in the sub ect. "(0a# SECTION (7. +estimony or deposition at a former proceedin . The testimony or de!osition of a &itness deceased or unable to testify, given in a former case or !roceeding, udicial or administrative, involving the same !arties and sub ect matter, may be given in evidence against the adverse !arty &ho had the o!!ortunity to cross*e%amine him. "(1a# 7. !pinion Rule SECTION (8. 5eneral rule. The o!inion of a &itness is not admissible, e%ce!t as indicated in the follo&ing sections. "($# SECTION (9. !pinion of e)pert witness. The o!inion of a &itness on a matter re.uiring s!ecial ,no&ledge, s,ill, e%!erience or training &hich he is sho&n to !ossess, may be received in evidence. "('a#

SECTION 10. !pinion of ordinary witnesses. The o!inion of a &itness for &hich !ro!er basis is given, may be received in evidence regarding "a# the identity of a !erson about &hom he has ade.uate ,no&ledge) "b# + hand&riting &ith &hich he has sufficient familiarity) and "c# The mental sanity of a !erson &ith &hom he is sufficiently ac.uainted. The &itness may also testify on his im!ressions of the emotion, behavior, condition or a!!earance of a !erson. "((a# 8. *haracter Evidence SECTION 11. *haracter evidence not enerally admissible) e)ceptions6 % "a# 'n *riminal *ases5 "1# The accused may !rove his good moral character &hich is !ertinent to the moral trait involved in the offense charged. "$# @nless in rebuttal, the !rosecution may not !rove his bad moral character &hich is !ertinent to the moral trait involved in the offense charged. "'# The good or bad moral character of the offended !arty may be !roved if it tends to establish in any reasonable degree the !robability or im!robability of the offense charged. "b# 'n *ivil *ases5 Evidence of the moral character of a !arty in a civil case is admissible only &hen !ertinent to the issue of character involved in the case. "c# In the case !rovided for in 4ule 1'$, Section 1(. "(6a, (7a# RULE 131

Burden of Proof and Presumptions SECTION 1. Burden of proof . 3urden of !roof is the duty of a !arty to !resent evidence on the facts in issue necessary to establish his claim or defense by the amount of evidence re.uired by la&. "1a, $a#
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SECTION $. *onclusive presumptions. The follo&ing are instances of conclusive !resum!tions5 "a# 2henever a !arty has, by his o&n declaration, act, or omission, intentionally and deliberately led another to believe a !articular thing true, and to act u!on such belief, he cannot, in any litigation arising out of such declaration, act or omission, be !ermitted to falsify it) "b# The tenant is not !ermitted to deny the title of his landlord at the time of the commencement of the relation of landlord and tenant bet&een them. "'a# SECTION '. (isputable presumptions. The follo&ing !resum!tions are satisfactory if uncontradicted, but may be contradicted and overcome by other evidence5 "a# That a !erson is innocent of crime or &rong) "b# That an unla&ful act &as done &ith an unla&ful intent) "c# That a !erson intends the ordinary conse.uences of his voluntary act) "d# That a !erson ta,es ordinary care of his concerns) "e# That evidence &illfully su!!ressed &ould be adverse if !roduced) "f# That money !aid by one to another &as due to the latter) "g# That a thing delivered by one to another belonged to the latter) "h# That an obligation delivered u! to the debtor has been !aid)

"i# That !rior rents or installments had been !aid &hen a recei!t for the later ones is !roduced) " # That a !erson found in !ossession of a thing ta,en in the doing of a recent &rongful act is the ta,er and the doer of the &hole act) other&ise, that things &hich a !erson !ossesses, or e%ercises acts of o&nershi! over, are o&ned by him) ",# That a !erson in !ossession of an order on himself for the !ayment of the money, or the delivery of anything, has !aid the money or delivered the thing accordingly) "l# That a !erson acting in a !ublic office &as regularly a!!ointed or elected to it) "m# That official duty has been regularly !erformed) "n# That a court, or udge acting as such, &hether in the -hili!!ines or else&here, &as acting in the la&ful e%ercise of urisdiction) "o# That all the matters &ithin an issue raised in a case &ere laid before the court and !assed u!on by it) 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 by them) "!# That !rivate transactions have been fair and regular) ".# That the ordinary course of business has been follo&ed) "r# That there &as a sufficient consideration for a contract) "s# That a negotiable instrument &as given or indorsed for a sufficient consideration) "t# That an indorsement of a negotiable instrument &as made before the instrument &as overdue and at the !lace &here the instrument is dated) "u# That a &riting is truly dated)

"v# That a letter duly directed and mailed &as received in the regular course of the mail) "&# That after an absence of seven years, it being 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. The absentee shall not be considered dead for the !ur!ose of o!ening his succession till after an absence of ten years. If he disa!!eared after the age of seventy*five years, an absence of five years shall be sufficient in order that his succession may be o!ened. The follo&ing shall be considered dead for all !ur!oses including the division of the estate among the heirs5 "1# + !erson on board a vessel lost during a sea voyage, or an aircraft &hich is missing, &ho has not been heard of for four years since the loss of the vessel or aircraft) "$# + member of the armed forces &ho has ta,en !art in armed hostilities, and has been missing for four years) "'# + !erson &ho has been in danger of death under other circumstances and &hose e%istence has not been ,no&n for four years) "(# If a married !erson has been absent for four consecutive years, the s!ouse !resent may contract a subse.uent marriage if he or she has a &ell*founded belief that the absent s!ouse is already dead. In case of disa!!earance, &here there is danger of death under the circumstances hereinabove !rovided, an absence of only t&o years shall be sufficient for the !ur!ose of contracting a subse.uent marriage. :o&ever, in any case, before marrying again, the s!ouse !resent must institute a summary !roceeding as !rovided in

the <amily Code and in the rules for a declaration of !resum!tive death of the absentee, &ithout !re udice to the effect of rea!!earance of the absent s!ouse. "%# That ac.uiescence resulted from a belief that the thing ac.uiesced in &as conformable to the la& or fact) "y# That things have ha!!ened according to the ordinary course of nature and the ordinary habits of life) "># That !ersons acting as co!artners have entered into a contract of co!artnershi!) "aa# That a man and &oman de!orting themselves as husband and &ife have entered into a la&ful contract of marriage) "bb# That !ro!erty ac.uired by a man and a &oman &ho are ca!acitated to marry each other and &ho live e%clusively &ith each other as husband and &ife &ithout the benefit of marriage or under a void marriage, has been obtained by their oint efforts, &or, or industry. "cc# That in cases of cohabitation by a man and a &oman &ho are not ca!acitated to marry each other and &ho have ac.uired !ro!erty through their actual oint contribution of money, !ro!erty or industry, such contributions and their corres!onding shares including oint de!osits of money and evidences of credit are e.ual. "dd# That if the marriage is terminated and the mother contracted another marriage &ithin three hundred days after such termination of the former marriage, these rides shall govern in the absence of !roof to the contrary5 "1# + child born before one hundred eighty days after the solemni>ation of the subse.uent marriage is considered to have been conceived during the former marriage, !rovided it be born &ithin three

hundred days after the termination of the former marriage) "$# + child born after one hundred eighty days follo&ing the celebration of the subse.uent marriage is considered to have been conceived during such marriage, even though it be born &ithin the three hundred days after the termination of the former marriage. "ee# That a thing once !roved to e%ist continues as long as is usual &ith things of that nature) "ff# That the la& has been obeyed) "gg# That a !rinted or !ublished boo,, !ur!orting to be !rinted or !ublished by !ublic authority, &as so !rinted or !ublished) "hh# That a !rinted or !ublished boo,, !ur!orting to contain re!orts of cases ad udged in tribunals of the country &here the boo, is !ublished, contains correct re!orts of such cases) "ii# That a trustee or other !erson &hose duty it &as to convey real !ro!erty to a !articular !erson has actually conveyed it to him &hen such !resum!tion is necessary to !erfect the title of such !erson or his successor in interest) " # That e%ce!t for !ur!oses of succession, &hen t&o !ersons !erish in the same calamity, such as &rec,, battle, or conflagration, 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 resulting from the strength and age of the se%es, according to the follo&ing rules5
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1. If both &ere under the age of fifteen years, the older is deemed to have survived)

$. If both &ere above the age of si%ty, the younger is deemed to have survived) '. If one is under fifteen and the other above si%ty, the former is deemed to have survived) (. If both be over fifteen and under si%ty, and the se% be different, the male is deemed to have survived) if the se% be the same, the older) 1. If one be under fifteen or over si%ty, and the other bet&een those ages, the latter is deemed to have survived.
!rem01cd

",,# That 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 alleges the death of one !rior to the other, shall !rove the same) in the absence of !roof, they shall be considered to have died at the same time. "1a# SECTION (. No presumption of le itimacy or ille itimacy . There is no !resum!tion of legitimacy or illegitimacy of a child born after three hundred days follo&ing the dissolution of the marriage or the se!aration of the s!ouses. 2hoever alleges the legitimacy or illegitimacy of such child must !rove his allegation. "6# RULE 132 Presentation of Evidence A. EXAMINATION OF WITNESSES SECTION 1. E)amination to be done in open court . The e%amination of &itnesses !resented in a trial or hearing shall be done in o!en court, and under oath or affirmation. @nless the &itness is inca!acitated to s!ea,, or the .uestion calls for a different mode of ans&er, the ans&ers of the &itness shall be given orally. "1a# SECTION $. Proceedin s to be recorded. The entire !roceedings of a trial or hearing, including the .uestions !ro!ounded to a &itness and his ans&ers thereto, the statements made by the udge or any of the !arties, counsel, or &itnesses &ith reference to the case, shall be recorded by

means of shorthand or stenoty!e or by other means of recording found suitable by the court. + transcri!t of the record of the !roceedings made by the official stenogra!her, stenoty!ist or recorder and certified as correct by him shall be deemed prima facie a correct statement of such !roceedings. "$a# SECTION '. Ri hts and obli ations of a witness . + &itness must ans&er .uestions, although his ans&er may tend to establish a claim against him. :o&ever, it is the right of a &itness5 "1# To be !rotected from irrelevant, im!ro!er, or insulting .uestions, and from harsh or insulting demeanor) "$# Not to be detained longer than the interests of ustice re.uire) "'# Not to be e%amined e%ce!t only as to matters !ertinent to the issue) "(# Not to give an ans&er &hich &ill tend to sub ect him to a !enalty for an offense unless other&ise !rovided by la&) or "1# Not to give an ans&er &hich &ill tend to degrade his re!utation, unless it be to the very fact at issue or to a fact from &hich the fact in issue &ould be !resumed. 3ut a &itness must ans&er to the fact of his !revious final conviction for an offense. "'a, 19a# SECTION (. !rder in the e)amination of an individual witness . The order in &hich an individual &itness may be e%amined is as follo&s5 "a# /irect e%amination by the !ro!onent) "b# Cross*e%amination by the o!!onent) "c# 4e*direct e%amination by the !ro!onent) "d# 4e*cross*e%amination by the o!!onent. "(# SECTION 1. (irect e)amination. /irect e%amination is the e%amination* in*chief of a &itness by the !arty !resenting him on the facts relevant to the issue. "1a#

SECTION 6. *ross.e)amination) its purpose and e)tent. @!on the termination of the direct e%amination, the &itness may be cross*e%amined by the adverse !arty as to any matters stated in the direct e%amination, or connected there&ith, &ith sufficient fullness and freedom to test his accuracy and truthfulness and freedom from interest or bias, or the reverse, and to elicit all im!ortant facts bearing u!on the issue. "8a# SECTION 7. Re.direct e)amination) its purpose and e)tent. +fter the cross*e%amination of the &itness has been concluded, he may be re* e%amined by the !arty calling him, to e%!lain or su!!lement his ans&ers given during the cross*e%amination. On re*direct e%amination, .uestions on matters not dealt &ith during the cross*e%amination, may be allo&ed by the court in its discretion. "1$# SECTION 8. Re.cross.e)amination. @!on the conclusion of the re*direct e%amination, the adverse !arty may re*cross*e%amine the &itness on matters stated in his re*direct e%amination, and also on such other matters as may be allo&ed by the court in its discretion. "1'# SECTION 9. Recallin witness. +fter the e%amination of a &itness by both sides has been concluded, the &itness cannot be recalled &ithout leave of the court. The court &ill grant or &ithhold leave in its discretion, as the interests of ustice may re.uire. "1(# SECTION 10. 4eadin and misleadin -uestions . + .uestion &hich suggests to the &itness the ans&er &hich the e%amining !arty desires is a leading .uestion. It is not allo&ed, e%ce!t5 "a# On cross e%amination) "b# On !reliminary matters) "c# 2hen there is difficulty in getting direct and intelligible ans&ers from a &itness &ho is ignorant, or a child of tender years, or is of feeble mind, or a deaf*mute) "d# Of an un&illing or hostile &itness) or "e# Of a &itness &ho is an adverse !arty or an officer, director, or managing agent of a !ublic or !rivate cor!oration or of a !artnershi! or association &hich is an adverse !arty.

+ misleading .uestion is one &hich assumes as true a fact not yet testified to by the &itness, or contrary to that &hich he has !reviously stated. It is not allo&ed. "1a, 6a, and 8a# SECTION 11. 'mpeachment of adverse party&s witness. + &itness may be im!eached by the !arty against &hom he &as called, by contradictory evidence, by evidence that his general re!utation for truth, honesty, or integrity is bad, or by evidence that he has made at other times statements inconsistent &ith his !resent testimony, but not by evidence of !articular &rongful acts, e%ce!t that it may be sho&n by the e%amination of the &itness, or the record of the udgment, that he has been convicted of an offense. "11# SECTION 1$. Party may not impeach his own witness . E%ce!t &ith res!ect to &itnesses referred to in !aragra!hs "d# and "e# of Section 10, the !arty !roducing a &itness is not allo&ed to im!each his credibility. + &itness may be considered as un&illing or hostile only if so declared by the court u!on ade.uate sho&ing of his adverse interest, un ustified reluctance to testify, or his having misled the !arty into calling him to the &itness stand. The un&illing or hostile &itness so declared, or the &itness &ho is an adverse !arty, may be im!eached by the !arty !resenting him in all res!ects as if he had been called by the adverse !arty, e%ce!t by evidence of his bad character. :e may also be im!eached and cross*e%amined by the adverse !arty, but such cross e%amination must only be on the sub ect matter of his e%amination*in*chief. "6a, 7a# SECTION 1'. 2ow witness impeached by evidence of inconsistent statements. 3efore a &itness can be im!eached by evidence that he has made at other times statements inconsistent &ith his !resent testimony, 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. If the statements be in &riting they must be sho&n to the &itness before any .uestion is !ut to him concerning them. "16# SECTION 1(. Evidence of ood character of witness . Evidence of the good character of a &itness is not admissible until such character has been im!eached. "17#

SECTION 11. E)clusion and separation of witnesses . On any trial or hearing, the udge may e%clude from the court any &itness not at the time under e%amination, so that he may not hear the testimony of other &itnesses. The udge may also cause &itnesses to be ,e!t se!arate and to be !revented from conversing &ith one another until all shall have been e%amined. "18# SECTION 16. When witness may refer to memorandum. + &itness may be allo&ed to refresh his memory res!ecting a fact, by anything &ritten or recorded by himself or under his direction at the time &hen the fact occurred, or immediately thereafter, or at any other time &hen the fact &as fresh in his memory and he ,ne& that the same &as correctly &ritten or recorded) but in such case the &riting or record must be !roduced and may be ins!ected by the adverse !arty, &ho may, if he chooses, cross* e%amine the &itness u!on it, and may read it in evidence. So, also, a &itness may testify from such a &riting or record, though he retain no recollection of the !articular facts, if he is able to s&ear that the &riting or record correctly stated the transaction &hen made) but such evidence must be received &ith caution. "10a# SECTION 17. When part of transaction, writin or record iven in evidence, the remainder admissible. 2hen !art of an act, declaration, conversation, &riting or record is given in evidence by one !arty, the &hole of the same sub ect may be in.uired into by the other, and &hen a detached act, declaration, conversation, &riting or record is given in evidence, any other act, declaration, conversation, &riting or record necessary to its understanding may also be given in evidence. "11a# SECTION 18. Ri ht to inspect writin shown to witness . 2henever a &riting is sho&n to a &itness, it may be ins!ected by the adverse !arty. "9a# B. AUTHENTICATION AND PROOF OF DOCUMENTS SECTION 19. *lasses of documents. <or the !ur!ose of their !resentation in evidence, documents are either !ublic or !rivate. -ublic documents are5 "a# The &ritten official acts, or records of the official acts of the sovereign authority, official bodies and tribunals, and !ublic officers, &hether of the -hili!!ines, or of a foreign country)

"b# /ocuments ac,no&ledged before a notary !ublic e%ce!t last &ills and testaments) and "c# -ublic records, ,e!t in the -hili!!ines, of !rivate documents re.uired by la& to be entered therein.

+ll other &ritings are !rivate. "$0a# SECTION $0. Proof of private document . 3efore any !rivate document offered as authentic is received in evidence, its due e%ecution and authenticity must be !roved either5 "a# 3y anyone &ho sa& the document e%ecuted or &ritten) or "b# 3y evidence of the genuineness of the signature or hand&riting of the ma,er. +ny other !rivate document need only be identified as that &hich it is claimed to be. "$1a# SECTION $1. When evidence of authenticity of private document not necessary. 2here a !rivate document is more than thirty years old, is !roduced from a custody in &hich it &ould naturally be found if genuine, and is unblemished by any alterations or circumstances of sus!icion, no other evidence of its authenticity need be given. "$$a#
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SECTION $$. 2ow enuineness of handwritin proved. The hand&riting of a !erson may be !roved by any &itness &ho believes it to be the hand&riting of such !erson because he has seen the !erson &rite, or has seen &riting !ur!orting to be his u!on &hich the &itness has acted or been charged, and has thus ac.uired ,no&ledge of the hand&riting of such !erson. Evidence res!ecting the hand&riting may also be given by a com!arison, made by the &itness or the court, &ith &ritings admitted or treated as genuine by the !arty against &hom the evidence is offered, or !roved to be genuine to the satisfaction of the udge. "$'a# SECTION $'. Public documents as evidence. /ocuments consisting of entries in !ublic records made in the !erformance of a duty by a !ublic officer are prima facie evidence of the facts therein stated. +ll other !ublic documents are evidence, even against a third !erson, of the fact &hich gave rise to their e%ecution and of the date of the latter. "$(a#

SECTION $(. Proof of official record. The record of !ublic documents referred to in !aragra!h "a# of Section 19, &hen admissible for any !ur!ose, may be evidenced by an official !ublication thereof or by a co!y attested by the officer having the legal custody of the record, or by his de!uty, and accom!anied, if the record is not ,e!t in the -hili!!ines, &ith a certificate that such officer has the custody. If the office in &hich the record is ,e!t 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 of the -hili!!ines stationed in the foreign country in &hich the record is ,e!t, and authenticated by the seal of his office. "$1a# SECTION $1. What attestation of copy must state. 2henever a co!y of a document or record is attested for the !ur!ose of evidence, the attestation must state, in substance, that the co!y is a correct co!y of the original, or a s!ecific !art thereof, as the case may be. The attestation must be under the official seal of the attesting officer, if there be any, or if he be the cler, of a court having a seal, under the seal of such court. "$6a# SECTION $6. 'rremovability of public record. +ny !ublic record, an official co!y 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 !ending case. "$7a# SECTION $7. Public record of a private document . +n authori>ed !ublic record of a !rivate document may be !roved by the original record, or by a co!y thereof, attested by the legal custodian of the record, &ith an a!!ro!riate certificate that such officer has the custody. "$8a# SECTION $8. Proof of lac1 of record. + &ritten statement signed by an officer having the custody of an official record or by his de!uty that after diligent search no record or entry of a s!ecified tenor is found to e%ist in the records of his office, accom!anied by a certificate as above !rovided, is admissible as evidence that the records of his office contain no such record or entry. "$9# SECTION $9. 2ow "udicial record impeached. +ny udicial record may be im!eached by evidence of5 "a# &ant of urisdiction in the court or udicial officer, "b# collusion bet&een the !arties, or "c# fraud in the !arty offering the record, in res!ect to the !roceedings. "'0a#

SECTION '0. Proof of notarial documents. Every instrument duly ac,no&ledged or !roved and certified as !rovided by la&, may be !resented in evidence &ithout further !roof, the certificate of ac,no&ledgment being prima facie evidence of the e%ecution of the instrument or document involved. "'1a# SECTION '1. Alterations in document, how to e)plain . The !arty !roducing a document as genuine &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. :e may sho& that the alteration &as made by another, &ithout his concurrence, or &as made &ith the consent of the !arties affected by it, or &as other&ise !ro!erly or innocently made, or that the alteration did not change the meaning or language of the instrument. If he fails to do that, the document shall not be admissible in evidence. "'$a# SECTION '$. Seal. There shall be no difference bet&een sealed and unsealed !rivate documents insofar as their admissibility as evidence is concerned. "''a# SECTION ''. (ocumentary evidence in an unofficial lan ua e . /ocuments &ritten in an unofficial language shall not be admitted as evidence, unless accom!anied &ith a translation into English or <ili!ino. To avoid interru!tion of !roceedings, !arties or their attorneys are directed to have such translation !re!ared before trial. "'(a# C. OFFER AND OBJECTION SECTION '(. !ffer of evidence. The court shall consider no evidence &hich has not been formally offered. The !ur!ose for &hich the evidence is offered must be s!ecified. "'1# SECTION '1. When to ma1e offer. +s regards the testimony of a &itness, the offer must be made at the time the &itness is called to testify. /ocumentary and ob ect evidence shall be offered after the !resentation of a !arty=s testimonial evidence. Such offer shall be done orally unless allo&ed by the court to be done in &riting. "n# SECTION '6. !b"ection. Ob ection to evidence offered orally must be made immediately after the offer is made.

Ob ection to a .uestion !ro!ounded in the course of the oral e%amination of a &itness shall be made as soon as the grounds therefor shall become reasonably a!!arent. +n offer of evidence in &riting shall be ob ected to &ithin three "'# days after notice of the offer unless a different !eriod is allo&ed by the court. In any case, the grounds for the ob ections must be s!ecified. "'6a# SECTION '7. When repetition of ob"ection unnecessary. 2hen it becomes reasonably a!!arent in the course of the e%amination of a &itness that the .uestions being !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 necessary to re!eat the ob ection, it being sufficient for the adverse !arty to record his continuing ob ection to such class of .uestions. "'7a# SECTION '8. Rulin . The ruling of the court must be given immediately after the ob ection is made, unless the court desires to ta,e a reasonable time to inform itself on the .uestion !resented) but the ruling shall al&ays be made during the trial and at such time as &ill give the !arty against &hom it is made an o!!ortunity to meet the situation !resented by the ruling. The reason for sustaining or overruling an ob ection need not be stated. :o&ever, if the ob ection is based on t&o or more grounds, a ruling sustaining the ob ection on one or some of them must s!ecify the ground or grounds relied u!on. "'8a# SECTION '9. Stri1in out answer. Should a &itness ans&er the .uestion before the adverse !arty had the o!!ortunity to voice fully 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 given to be stric,en off the record. On !ro!er motion, the court may also order the stri,ing out of ans&ers &hich are incom!etent, irrelevant, or other&ise im!ro!er. "n# SECTION (0. +ender of e)cluded evidence. If documents or things offered in evidence are e%cluded by the court, the offeror may have the same attached to or made !art of the record. If the evidence e%cluded is oral, the offeror may state for the record the name and other !ersonal

circumstances of the &itness and the substance of the !ro!osed testimony. "n# RULE 133 Wei ht and Sufficiency of Evidence SECTION 1. Preponderance of evidence, how determined. In civil cases, the !arty having the burden of !roof must establish his case by a !re!onderance of evidence. In determining &here the !re!onderance or su!erior &eight of evidence on the issues involved lies, the court may consider all the facts and circumstances of the case, the &itnesses= manner of testifying, their intelligence, their means and o!!ortunity of ,no&ing the facts to &hich they are testifying, the nature of the facts to &hich they testify, the !robability or im!robability of their testimony, their interest or &ant of interest, and also their !ersonal credibility so far as the same may legitimately a!!ear u!on the trial. The court may also consider the number of &itnesses, though the !re!onderance is not necessarily &ith the greater number. "1a# SECTION $. Proof beyond reasonable doubt. In a criminal case, the accused is entitled to an ac.uittal, unless his guilt is sho&n beyond reasonable doubt. -roof beyond reasonable doubt does not mean such a degree of !roof as, e%cluding !ossibility of error, !roduces absolute certainty. ?oral certainty only is re.uired, or that degree of !roof &hich !roduces conviction in an un!re udiced mind. "$a# SECTION '. E)tra"udicial confession, not sufficient round for conviction . +n e%tra udicial confession made by an accused, shall not be sufficient ground for conviction, unless corroborated by evidence of corpus delicti. "'#

SECTION (. *ircumstantial evidence, when sufficient. Circumstantial evidence is sufficient for conviction if) "a# There is more than one circumstance) "b# The facts from &hich the inferences are derived are !roven) and

"c# The combination of all the circumstances is such as to !roduce a conviction beyond reasonable doubt. "1# SECTION 1. Substantial evidence. In cases filed before administrative or .uasi* udicial bodies, a fact may be deemed established if it is su!!orted by substantial evidence, or that amount of relevant evidence &hich a reasonable mind might acce!t as ade.uate to ustify a conclusion. "n# SECTION 6. Power of the court to stop further evidence . The court may sto! the introduction of further testimony u!on any !articular !oint &hen the evidence u!on it is already so full that more &itnesses to the same !oint cannot be reasonably e%!ected to be additionally !ersuasive. 3ut this !o&er should be e%ercised &ith caution. "6# SECTION 7. Evidence on motion. 2hen a motion is based on facts not a!!earing of record the court may hear the matter on affidavits or de!ositions !resented by the res!ective !arties, but the court may direct that the matter be heard &holly or !artly on oral testimony or de!ositions. "7# RULE 134 Perpetuation of +estimony SECTION 1. Petition. + !erson &ho desires to !er!etuate his o&n testimony or that of another !erson regarding any matter that may be cogni>able in any court of the -hili!!ines, may file a verified !etition in the court of the !rovince of the residence of any e%!ected adverse !arty. SECTION $. *ontents of petition. The !etition shall be entitled in the name of the !etitioner and shall sho&5 "a# that the !etitioner e%!ects to be a !arty to an action in a court of the -hili!!ines but is !resently unable to bring it or cause it to be brought) "b# the sub ect matter of the e%!ected action and his interest therein) "c# the facts &hich he desires to establish by the !ro!osed testimony and his reasons for desiring to !er!etuate it) "d# the names or a descri!tion of the !ersons he e%!ects &ill be adverse !arties and their addresses so far as ,no&n) and "e# the names and addresses of the !ersons to be e%amined and the substance of the testimony &hich he e%!ects to elicit from each, and shall as, for an order authori>ing 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!etuating their testimony.

SECTION '. Notice and service. The !etitioner shall thereafter serve a notice u!on each !erson named in the !etition as an e%!ected adverse !arty, together &ith a co!y of the !etition, stating that the !etitioner &ill a!!ly to the court, at a time and !lace named therein, for the order described in the !etition. +t least t&enty "$0# days before the date of hearing the notice shall be served in the manner !rovided for service of summons. SECTION (. !rder of e)amination. If the court is satisfied that the !er!etuation of the testimony may !revent a failure or delay of ustice, it shall ma,e an order designating or describing the !ersons &hose de!osition may be ta,en and s!ecifying the sub ect matter of the e%amination, and &hether the de!ositions shall be ta,en u!on oral e%amination or &ritten interrogatories. The de!ositions may then be ta,en in accordance &ith 4ule $( before the hearing. SECTION 1. Reference to court. <or the !ur!ose of a!!lying 4ule $( to de!ositions for !er!etuating testimony, each reference therein to the court in &hich the action is !ending shall be deemed to refer to the court in &hich the !etition for such de!osition &as filed. SECTION 6. /se of deposition. If a de!osition to !er!etuate testimony is ta,en under this rule, or if, although not so ta,en, it &ould be admissible in evidence, it may be used in any action involving the same sub ect matter subse.uently brought in accordance &ith the !rovisions of Sections ( and 1 of 4ule $(. SECTION 7. (epositions pendin appeal. If an a!!eal has been ta,en from a udgment of the 4egional Trial Court or before the ta,ing of an a!!eal if the time therefor has not e%!ired, the 4egional Trial Court in &hich the udgment &as rendered may allo& the ta,ing of de!ositions of &itnesses to !er!etuate their testimony for use in the event of further !roceedings in the said court. In such case the !arty &ho desires to !er!etuate the testimony may ma,e a motion in the said 4egional Trial Court for leave to ta,e the de!ositions, u!on the same notice and service thereof as if the action &as !ending therein. The motion shall sho& "a# the names and addresses of the !ersons to be e%amined and the substance of the testimony &hich he e%!ects to elicit from each) and "b# the reason for !er!etuating their testimony. If the court finds that the !er!etuation of the testimony is !ro!er to avoid a failure or delay of ustice, it may ma,e an order allo&ing the de!ositions to be ta,en, and thereu!on the de!ositions may 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 !ending in the 4egional Trial Court. "7a#
RULE 23 DEPOSITIONS PENDING ACTIONS Section 1. /e!ositions !ending action, &hen may be ta,en. 3y leave of court after urisdiction has been obtained over any defendant or over !ro!erty &hich is the sub ect of the action, or &ithout such leave after an ans&er has been served, the testimony of any !erson, &hether a !arty or not, may be ta,en, at the instance of any !arty, by de!osition u!on oral e%amination or &ritten interrogatories. The attendance of &itnesses may be com!elled by the use of a sub!oena as !rovided in 4ule $1. /e!ositions shall be ta,en only in accordance &ith these 4ules. The de!osition of a !erson confined in !rison may be ta,en only by leave of court on such terms as the court !rescribes. Sec. $. Sco!e of e%amination. @nless other&ise ordered by the court as !rovided by section 16 or 18 of this 4ule, the de!onent may be e%amined regarding any matter, not !rivileged, &hich is relevant to the sub ect of the !ending action, &hether relating to the claim or defense of any other !arty, including the e%istence, descri!tion, nature, custody, condition, and location of any boo,s, documents, or other tangible things and the identity and location of !ersons having ,no&ledge of relevant facts. Sec. '. E%amination and cross*e%amination. E%amination and cross*e%amination of de!onents may !roceed as !ermitted at the trial under sections ' to 18 of 4ule 1'$. Sec. (. @se of de!ositions. +t the trial or u!on the hearing of a motion or an interlocutory !roceeding, any !art or all of a de!osition, so far as admissible under the rules of evidence, may be used against any !arty &ho &as !resent or re!resented at the ta,ing of the de!osition or &ho had due notice thereof, in accordance &ith any one of the follo&ing !rovisions5 "a# +ny de!osition may be used by any !arty for the !ur!ose of contradicting or im!eaching the testimony of de!onent as a &itness) "b# The de!osition of a !arty or of any one &ho at the time of ta,ing the de!osition &as an officer, director, or managing agent of a !ublic or !rivate cor!oration, !artnershi!, or association &hich is a !arty may be used by an adverse !arty for any !ur!ose)

"c# The de!osition of a &itness, &hether or not a !arty, may be used by any !arty for any !ur!ose if the court finds5 "1# that the &itness is dead) or "$# that the &itness resides at a distance more than one hundred "100# ,ilometers from the !lace of trial or hearing, or is out of the -hili!!ines, unless it a!!ears that his absence &as !rocured by the !arty offering the de!osition) or "'# that the &itness is unable to attend or testify because of age, sic,ness, infirmity, or im!risonment) or "(# that the !arty offering the de!osition has been unable to !rocure the attendance of the &itness by sub!oena) or "1# u!on a!!lication and notice, that such e%ce!tional circumstances e%ist as to ma,e it desirable, in the interest of ustice and &ith due regard to the im!ortance of !resenting the testimony of &itnesses orally in o!en court, to allo& the de!osition to be used) and "d# If only !art of a de!osition is offered in evidence by a !arty, the adverse !arty may re.uire him to introduce all of it &hich is relevant to the !art introduced, and any !arty may introduce any other !arts. Sec. 1. Effect of substitution of !arties. Substitution of !arties does not affect the right to use de!ositions !reviously ta,en) and, &hen an action has been dismissed and another action involving the same sub ect is after&ard brought bet&een the same !arties or their re!resentatives or successors in interest, all de!ositions la&fully ta,en and duly filed in the former action may be used in the latter as if originally ta,en therefor. Sec. 6. Ob ections to admissibility. Sub ect to the !rovisions of section $9 of this 4ule, ob ection may be made at the trial or hearing to receiving in evidence any de!osition or !art thereof for any reason &hich &ould re.uire the e%clusion of the evidence if the &itness &ere then !resent and testifying. Sec. 7. Effect of ta,ing de!ositions. + !arty shall not be deemed to ma,e a !erson his o&n &itness for any !ur!ose by ta,ing his de!osition. Sec. 8. Effect of using de!ositions. The introduction in evidence of the de!osition or any !art thereof for any !ur!ose other than that of contradicting or im!eaching the de!onent ma,es the de!onent the &itness of the !arty introducing the de!osition, but this shall not a!!ly to the use by an adverse !arty of a de!osition as described in !aragra!h "b# of section ( of this 4ule. Sec. 9. 4ebutting de!osition.

+t the trial or hearing, any !arty may rebut any relevant evidence contained in a de!osition &hether introduced by him or by any other !arty. Sec. 10. -ersons before &hom de!ositions may be ta,en &ithin the -hili!!ines. 2ithin the -hili!!ines, de!ositions may be ta,en before any udge, notary !ublic, or the !erson referred to in section 1( hereof. Sec. 11. -ersons before &hom de!ositions may be ta,en in foreign countries. In a foreign state or country, de!ositions may be ta,en "a# on notice before a secretary of embassy or legation, consul general, consul, vice*consul, or consular agent of the 4e!ublic of the -hili!!ines) "b# before such !erson or officer as may be a!!ointed by commission or under letters rogatory) or "c# the !erson referred to in section 1( hereof. Sec. 1$. Commission or letters rogatory. + commission or letters rogatory shall be issued only &hen necessary or convenient, on a!!lication and notice, and on such terms and &ith such direction as are ust and a!!ro!riate. Officers may be designated in notices or commissions either by name or descri!tive title and letters rogatory may be addressed to the a!!ro!riate udicial authority in the foreign country. Sec. 1'. /is.ualification by interest. No de!osition shall be ta,en before a !erson &ho is a relative &ithin the si%th degree of consanguinity or affinity, or em!loyee or counsel of any of the !arties) or &ho is a relative &ithin the same degree, or em!loyee of such counsel) or &ho is financially interested in the action. Sec. 1(. Sti!ulations regarding ta,ing of de!ositions. If the !arties so sti!ulate in &riting, de!ositions may be ta,en before any !erson authori>ed to administer oaths, at any time or !lace, in accordance &ith these 4ules, and &hen so ta,en may be used li,e other de!ositions. Sec. 11. /e!osition u!on oral e%amination) notice) time and !lace. + !arty desiring to ta,e the de!osition of any !erson u!on oral e%amination shall give reasonable notice in &riting to every other !arty to the action. The notice shall state the time and !lace for ta,ing the de!osition and the name and address of each !erson to be e%amined, if ,no&n, and if the name is not ,no&n, a general descri!tion sufficient to identify him or the !articular class or grou! to

&hich he belongs. On motion of any !arty u!on &hom the notice is served, the court may for cause sho&n enlarge or shorten the time. Sec. 16. Orders for the !rotection of !arties and de!onents. +fter notice is served for ta,ing a de!osition by oral e%amination, u!on motion seasonably made by any !arty or by the !erson to be e%amined and for good cause sho&n, the court in &hich the action is !ending may ma,e an order that the de!osition shall not be ta,en, or that it may be ta,en only at some designated !lace other than that stated in the notice, or that it may be ta,en only on &ritten interrogatories, or that certain matters shall not be in.uired into, or that the sco!e of the e%amination shall be held &ith no one !resent e%ce!t the !arties to the action and their officers or counsel, or that after being sealed the de!osition shall be o!ened only by order of the court, or that secret !rocesses, develo!ments, or research need not be disclosed, or that the !arties shall simultaneously file s!ecified documents or information enclosed in sealed envelo!es to be o!ened as directed by the court) or the court may ma,e any other order &hich ustice re.uires to !rotect the !arty or &itness from annoyance, embarrassment, or o!!ression. Sec. 17. 4ecord of e%amination) oath) ob ections. The officer before &hom the de!osition is to be ta,en shall !ut the &itness on oath and shall !ersonally, or by some one acting under his direction and in his !resence, record the testimony of the &itness. The testimony shall be ta,en stenogra!hically unless the !arties agree other&ise. +ll ob ections made at the time of the e%amination to the .ualifications of the officer ta,ing the de!osition, or to the manner of ta,ing it, or to the evidence !resented, or to the conduct of any !arty, and any other ob ection to the !roceedings, shall be noted by the officer u!on the de!osition. Evidence ob ected to shall be ta,en sub ect to the ob ections. In lieu of !artici!ating in the oral e%amination, !arties served &ith notice of ta,ing a de!osition may transmit &ritten interrogatories to the officers, &ho shall !ro!ound them to the &itness and record the ans&ers verbatim. Sec. 18. ?otion to terminate or limit e%amination. +t any time during the ta,ing of the de!osition, on motion or !etition of any !arty or of the de!onent and u!on a sho&ing that the e%amination is being conducted in bad faith or in such manner as unreasonably to annoy, embarrass, or o!!ress the de!onent or !arty, the court in &hich the action is !ending or the 4egional Trial Court of the !lace &here the de!osition is being ta,en may order the officer conducting the e%amination to cease forth&ith from ta,ing the de!osition, or may limit the sco!e and manner of the ta,ing of the de!osition, as !rovided in section 16 of this 4ule. If the order made terminates the e%amination, it shall be resumed thereafter only u!on the order of the court in &hich the action is !ending. @!on demand of the ob ecting !arty or de!onent, the ta,ing of the de!osition shall be

sus!ended for the time necessary to ma,e a notice for an order. In granting or refusing such order, the court may im!ose u!on either !arty or u!on the &itness the re.uirement to !ay such costs or e%!enses as the court may deem reasonable. Sec. 19. Submission to &itness) changes) signing. 2hen the testimony is fully transcribed, the de!osition shall be submitted to the &itness for e%amination and shall be read to or by him, unless such e%amination and reading are &aived by the &itness and by the !arties. +ny changes in form or substance &hich the &itness desires to ma,e shall be entered u!on the de!osition by the officer &ith a statement of the reasons given by the &itness for ma,ing them. The de!osition shall then be signed by the &itness, unless the !arties by sti!ulation &aive the signing or the &itness is ill or cannot be found or refuses to sign. If the de!osition is not signed by the &itness, the officer shall sign it and state on the record the fact of the &aiver or of the illness or absence of the &itness or the fact of the refusal to sign together &ith the reason given therefor, if any, and the de!osition may then be used as fully as though signed, unless on a motion to su!!ress under section $9 "f# of this 4ule, the court holds that the reasons given for the refusal to sign re.uire re ection of the de!osition in &hole or in !art. Sec. $0. Certification and filing by officer. The officer shall certify on the de!osition that the &itness &as duly s&orn to by him and that the de!osition is a true record of the testimony given by the &itness. :e shall then securely seal the de!osition in an envelo!e indorsed &ith the title of the action and mar,ed ;/e!osition of "here insert the name of &itness#; and shall !rom!tly file it &ith the court in &hich the action is !ending or send it by registered mail to the cler, thereof for filing. Sec. $1. Notice of filing. The officer ta,ing the de!osition shall give !rom!t notice of its filing to all the !arties. Sec. $$. <urnishing co!ies. @!on !ayment of reasonable charges therefor, the officer shall furnish a co!y of the de!osition to any !arty or to the de!onent. Sec. $'. <ailure to attend of !arty giving notice. If the !arty giving the notice of the ta,ing of a de!osition fails to attend and !roceed there&ith and another attends in !erson or by counsel !ursuant to the notice, the court may order the !arty giving the notice to !ay such other !arty the

amount of the reasonable e%!enses incurred by him and his counsel in so attending, including reasonable attorneyAs fees. Sec. $(. <ailure of !arty giving notice to serve sub!oena. If the !arty giving the notice of the ta,ing of a de!osition of a &itness fails to serve a sub!oena u!on him and the &itness because of such failure does not attend, and if another !arty attends in !erson or by counsel because he e%!ects the de!osition of that &itness to be ta,en, the court may order the !arty giving the notice to !ay to such other !arty the amount of the reasonable e%!enses incurred by him and his counsel in so attending, including reasonable attorneyAs fees. Sec. $1. /e!osition u!on &ritten interrogatories) service of notice and of interrogatories. + !arty desiring to ta,e the de!osition of any !erson u!on &ritten interrogatories shall serve them u!on every other !arty &ith a notice stating the name and address of the !erson &ho is to ans&er them and the name or descri!tive title and address of the officer before &hom the de!osition is to be ta,en. 2ithin ten "10# days thereafter, a !arty so served may serve cross*interrogatories u!on the !arty !ro!osing to ta,e the de!osition. 2ithin five "1# days thereafter, the latter may serve re*direct interrogatories u!on a !arty &ho has served cross* interrogatories. 2ithin three "'# days after being served &ith re*direct interrogatories, a !arty may serve recross*interrogatories u!on the !arty !ro!osing to ta,e the de!osition. Sec. $6. Officers to ta,e res!onses and !re!are record. + co!y of the notice and co!ies of all interrogatories served shall be delivered by the !arty ta,ing the de!osition to the officer designated in the notice, &ho shall !roceed !rom!tly, in the manner !rovided by sections 17, 19 and $0 of this 4ule, to ta,e the testimony of the &itness in res!onse to the interrogatories and to !re!are, certify, and file or mail the de!osition, attaching thereto the co!y of the notice and the interrogatories received by him. Sec. $7. Notice of filing and furnishing co!ies. 2hen a de!osition u!on interrogatories is filed, the officer ta,ing it shall !rom!tly give notice thereof to all the !arties, and may furnish co!ies to them or to the de!onent u!on !ayment of reasonable charges therefor. Sec. $8. Orders for the !rotection of !arties and de!onents. +fter the service of the interrogatories and !rior to the ta,ing of the testimony of the de!onent, the court in &hich the action is !ending, on motion !rom!tly made

by a !arty or a de!onent, and for good cause sho&n, may ma,e any order s!ecified in sections 11, 16 and 18 of this 4ule &hich is a!!ro!riate and ust or an order that the de!osition shall not be ta,en before the officer designated in the notice or that it shall not be ta,en e%ce!t u!on oral e%amination. Sec. $9. Effects of errors and irregularities in de!ositions. "a# +s to notice.* +ll errors and irregularities in the notice for ta,ing a de!osition are &aived unless &ritten ob ection is !rom!tly served u!on the !arty giving the notice. "b# +s to dis.ualification of officer.* Ob ection to ta,ing a de!osition because of dis.ualification of the officer before &hom it is to be ta,en is &aived unless made before the ta,ing of the de!osition begins or as soon thereafter as the dis.ualification becomes ,no&n or could be discovered &ith reasonable diligence. "c# +s to com!etency or relevancy of evidence.* Ob ections to the com!etency of a &itness or the com!etency, relevancy, or materiality of testimony are not &aived by failure to ma,e them before or during the ta,ing of the de!osition, unless the ground of the ob ection is one &hich might have been obviated or removed if !resented at that time. "d# +s to oral e%amination and other !articulars.* Errors and irregularities occurring at the oral e%amination in the manner of ta,ing the de!osition, in the form of the .uestions or ans&ers, in the oath or affirmation, or in the conduct of the !arties and errors of any ,ind &hich might be obviated, removed, or cured if !rom!tly !rosecuted, are &aived unless reasonable ob ection thereto is made at the ta,ing of the de!osition. "e# +s to form of &ritten interrogatories.* Ob ections to the form of &ritten interrogatories submitted under sections $1 and $6 of this 4ule are &aived unless served in &riting u!on the !arty !ro!ounding them &ithin the time allo&ed for serving succeeding cross or other interrogatories and &ithin three "'# days after service of the last interrogatories authori>ed. "f# +s to manner of !re!aration.* Errors and irregularities in the manner in &hich the testimony is transcribed or the de!osition is !re!ared, signed, certified, sealed, indorsed, transmitted, filed, or other&ise dealt &ith by the officer under sections 17, 19, $0 and $6 of this 4ule are &aived unless a motion to su!!ress the de!osition or some !art thereof is made &ith reasonable !rom!tness after such defect is, or &ith due diligence might have been, ascertained. RULE 24 DEPOSITIONS BEFORE ACTION OR PENDING APPEAL. Section 1. /e!ositions before action) !etition.

+ !erson &ho desires to !er!etuate his o&n testimony or that of another !erson regarding any matter that may be cogni>able in any court of the -hili!!ines, may file a verified !etition in the court of the !lace of the residence of any e%!ected adverse !arty. Sec. $. Contents of !etition. The !etition shall be entitled in the name of the !etitioner and shall sho&5 "a# that the !etitioner e%!ects to be a !arty to an action in a court of the -hili!!ines but is !resently unable to bring it or cause it to be brought) "b# the sub ect matter of the e%!ected action and his interest therein) "c# the facts &hich he desires to establish by the !ro!osed testimony and his reasons for desiring to !er!etuate it) "d# the names or a descri!tion of the !ersons he e%!ects &ill be adverse !arties and their addresses so far as ,no&n) and "e# the names and addresses of the !ersons to be e%amined and the substance of the testimony &hich he e%!ects to elicit from each, and shall as, for an order authori>ing 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!etuating their testimony. Sec. '. Notice and service. The !etitioner shall serve a notice u!on each !erson named in the !etition as an e%!ected adverse !arty, together &ith a co!y of the !etition, stating that the !etitioner &ill a!!ly to the court, at a time and !lace named therein, for the order described in the !etition. +t least t&enty "$0# days before the date of the hearing, the court shall cause notice thereof to be served on the !arties and !ros!ective de!onents in the manner !rovided for service of summons. Sec. (. Order and e%amination. If the court is satisfied that the !er!etuation of the testimony may !revent a failure or delay of ustice, it shall ma,e an order designating or describing the !ersons &hose de!osition may be ta,en and s!ecifying the sub ect matter of the e%amination and &hether the de!ositions shall be ta,en u!on oral e%amination or &ritten interrogatories. The de!ositions may then be ta,en in accordance &ith 4ule $' before the hearing. Sec. 1. 4eference to court. <or the !ur!ose of a!!lying 4ule $' to de!ositions for !er!etuating testimony, each reference therein to the court in &hich the action is !ending shall be deemed to refer to the court in &hich the !etition for such de!osition &as filed. Sec. 6. @se of de!osition.

If a de!osition to !er!etuate testimony is ta,en under this 4ule, or if, although not so ta,en, it &ould be admissible in evidence, it may be used in any action involving the same sub ect matter subse.uently brought in accordance &ith the !rovisions of sections ( and 1 of 4ule $'. Sec. 7. /e!ositions !ending a!!eal. If an a!!eal has been ta,en from a udgment of a court, including the Court of +!!eals in !ro!er cases, or before the ta,ing of an a!!eal if the time therefor has not e%!ired, the court in &hich the udgment &as rendered may allo& the ta,ing of de!ositions of &itnesses to !er!etuate their testimony for use in the event of further !roceedings in the said court. In such case the !arty &ho desires to !er!etuate the testimony may ma,e a motion in the said court for leave to ta,e the de!ositions, u!on the same notice and service thereof as if the action &as !ending therein. The motion shall state "a# the names and addresses of the !ersons to be e%amined and the substance of the testimony &hich he e%!ects to elicit from each) and "b# the reason for !er!etuating their testimony. If the court finds that the !er!etuation of the testimony is !ro!er to avoid a failure or delay of ustice, it may ma,e an order allo&ing the de!ositions to be ta,en, and thereu!on the de!ositions may be ta,en and used in the same manner and under the same conditions as are !rescribed in these 4ules for de!ositions ta,en in !ending actions. RULE 2 INTERROGATORIES TO PARTIES

Section 1. Interrogatories to !arties) service thereof. @nder the same conditions s!ecified in section 1 of 4ule $', any !arty desiring to elicit material and relevant facts from any adverse !arties shall file and serve u!on the latter &ritten interrogatories to be ans&ered by the !arty served or, if the !arty served is a !ublic or !rivate cor!oration or a !artnershi! or association, by any officer thereof com!etent to testify in its behalf. Sec. $. +ns&er to interrogatories. The interrogatories shall be ans&ered fully in &riting and shall be signed and s&orn to by the !erson ma,ing them. The !arty u!on &hom the interrogatories have been served shall file and serve a co!y of the ans&ers on the !arty submitting the interrogatories &ithin fifteen "11# days after service thereof, unless the court, on motion and for good cause sho&n, e%tends or shortens the time. Sec. '. Ob ections to interrogatories.

Ob ections to any interrogatories may be !resented to the court &ithin ten "10# days after service thereof, &ith notice as in case of a motion) and ans&ers shall be deferred until the ob ections are resolved, &hich shall be at as early a time as is !racticable. Sec. (. Number of interrogatories. No !arty may, &ithout leave of court, serve more than one set of interrogatories to be ans&ered by the same !arty. Sec. 1. Sco!e and use of interrogatories. Interrogatories may relate to any matters that can be in.uired into under section $ of 4ule $', and the ans&ers may be used for the same !ur!oses !rovided in section ( of the same 4ule. Sec. 6. Effect of failure to serve &ritten interrogatories. @nless thereafter allo&ed by the court for good cause sho&n and to !revent a failure of ustice, a !arty not served &ith &ritten interrogatories may not be com!elled by the adverse !arty to give testimony in o!en court, or to give a de!osition !ending a!!eal. RULE 2! ADMISSION B" ADVERSE PART" Section 1. 4e.uest for admission. +t any time after issues have been oined, a !arty may file and serve u!on any other !arty a &ritten re.uest for the admission by the latter of the genuineness of any material and relevant document described in and e%hibited &ith the re.uest or of the truth of any material and relevant matter of fact set forth in the re.uest. Co!ies of the documents shall be delivered &ith the re.uest unless co!ies have already been furnished. Sec. $. Im!lied admission. Each of the matters of &hich an admission is re.uested shall be deemed admitted unless, &ithin a !eriod designated in the re.uest, &hich shall not be less than fifteen "11# days after service thereof, or &ithin such further time as the court may allo& on motion, the !arty to &hom the re.uest is directed files and serves u!on the !arty re.uesting the admission a s&orn statement either denying s!ecifically the matters of &hich an admission is re.uested or setting forth in detail the reasons &hy he cannot truthfully either admit or deny those matters. Ob ections to any re.uest for admission shall be submitted to the court by the !arty re.uested &ithin the !eriod for and !rior to the filing of his s&orn statement

as contem!lated in the !receding !aragra!h and his com!liance there&ith shall be deferred until such ob ections are resolved, &hich resolution shall be made as early as !racticable. Sec. '. Effect of admission. +ny admission made by a !arty !ursuant to such re.uest is for the !ur!ose of the !ending action only and shall not constitute an admission by him for any other !ur!ose nor may the same be used against him in any other !roceeding. Sec. (. 2ithdra&al. The court may allo& the !arty ma,ing an admission under this 4ule, &hether e%!ress or im!lied, to &ithdra& or amend it u!on such terms as may be ust. Sec. 1. Effect of failure to file and serve re.uest for admission. @nless other&ise allo&ed by the court for good cause sho&n and to !revent a failure of ustice, a !arty &ho fails to file and serve a re.uest for admission on the adverse !arty of material and relevant facts at issue &hich are, or ought to be, &ithin the !ersonal ,no&ledge of the latter, shall not be !ermitted to !resent evidence on such facts. RULE 2# PRODUCTION OR INSPECTION OF DOCUMENTS OR THINGS Section 1. ?otion for !roduction or ins!ection) order. @!on motion of any !arty sho&ing good cause therefor, the court in &hich an action is !ending may "a# order any !arty to !roduce and !ermit the ins!ection and co!ying or !hotogra!hing, by or on behalf of the moving !arty, of any designated documents, !a!ers, boo,s, accounts, letters, !hotogra!hs, ob ects or tangible things, not !rivileged, &hich constitute or contain evidence material to any matter involved in the action and &hich are in his !ossession, custody or control) or "b# order any !arty to !ermit entry u!on designated land or other !ro!erty in his !ossession or control for the !ur!ose of ins!ecting, measuring, surveying, or !hotogra!hing the !ro!erty or any designated relevant ob ect or o!eration thereon. The order shall s!ecify the time, !lace and manner of ma,ing the ins!ection and ta,ing co!ies and !hotogra!hs, and may !rescribe such terms and conditions as are ust. RULE 28 PH"SICAL AND MENTAL EXAMINATION OF PERSONS Section 1. 2hen e%amination may be ordered.

In an action in &hich the mental or !hysical condition of a !arty is in controversy, the court in &hich the action is !ending may in its discretion order him to submit to a !hysical or mental e%amination by a !hysician. Sec. $. Order for e%amination. The order for e%amination may be made only on motion for good cause sho&n and u!on notice to the !arty to be e%amined and to all other !arties, and shall s!ecify the time, !lace, manner, conditions and sco!e of the e%amination and the !erson or !ersons by &hom it is to be made. Sec. '. 4e!ort of findings. If re.uested by the !arty e%amined, the !arty causing the e%amination to be made shall deliver to him a co!y of a detailed &ritten re!ort of the e%amining !hysician setting out his findings and conclusions. +fter such re.uest and delivery, the !arty causing the e%amination to be made shall be entitled u!on re.uest to receive from the !arty e%amined a li,e re!ort of any e%amination, !reviously or thereafter made, of the same mental or !hysical condition. If the !arty e%amined refuses to deliver such re!ort, the court on motion and notice may ma,e an order re.uiring delivery on such terms as are ust, and if a !hysician fails or refuses to ma,e such a re!ort the court may e%clude his testimony if offered at the trial. Sec. (. 2aiver of !rivilege. 3y re.uesting and obtaining a re!ort of the e%amination so ordered or by ta,ing the de!osition of the e%aminer, the !arty e%amined &aives any !rivilege he may have in that action or any other involving the same controversy, regarding the testimony of every other !erson &ho has e%amined or may thereafter e%amine him in res!ect of the same mental or !hysical e%amination. RULE 29 REFUSAL TO COMPL" WITH MODES OF DISCOVER"

Section 1. 4efusal to ans&er. If a !arty or other de!onent refuses to ans&er any .uestion u!on oral e%amination, the e%amination may be com!leted on other matters or ad ourned as the !ro!onent of the .uestion may !refer. The !ro!onent may thereafter a!!ly to the !ro!er court of the !lace &here the de!osition is being ta,en, for an order to com!el an ans&er. The same !rocedure may be availed of &hen a !arty or a &itness refuses to ans&er any interrogatory submitted under 4ules $' or $1. If the a!!lication is granted, the court shall re.uire the refusing !arty or de!onent to ans&er the .uestion or interrogatory and if it also finds that the refusal to

ans&er &as &ithout substantial ustification, it may re.uire the refusing !arty or de!onent or the counsel advising the refusal, or both of them, to !ay the !ro!onent the amount of the reasonable e%!enses incurred in obtaining the order, including attorneyAs fees. If the a!!lication is denied and the court finds that it &as filed &ithout substantial ustification, the court may re.uire the !ro!onent or the counsel advising the filing of the a!!lication, or both of them, to !ay to the refusing !arty or de!onent the amount of the reasonable e%!enses incurred in o!!osing the a!!lication, including attorneyAs fees. Sec. $. Contem!t of court. If a !arty or other &itness refuses to be s&orn or refuses to ans&er any .uestion after being directed to do so by the court of the !lace in &hich the de!osition is being ta,en, the refusal may be considered a contem!t of that court. Sec. '. Other conse.uences. If any !arty or an officer or managing agent of a !arty refuses to obey an order made under section 1 of this 4ule re.uiring him to ans&er designated .uestions, or an order under 4ule $7 to !roduce any document or other thing for ins!ection, co!ying, or !hotogra!hing or to !ermit it to be done, or to !ermit entry u!on land or other !ro!erty, or an order made under 4ule $8 re.uiring him to submit to a !hysical or mental e%amination, the court may ma,e such orders in regard to the refusal as are ust, and among others the follo&ing5 "a# +n order that the matters regarding &hich the .uestions &ere as,ed, or the character or descri!tion of the thing or land, or the contents of the !a!er, or the !hysical or mental condition of the !arty, or any other designated facts shall be ta,en to be established for the !ur!oses of the action in accordance &ith the claim of the !arty obtaining the order) "b# +n order refusing to allo& the disobedient !arty to su!!ort or o!!ose designated claims or defenses or !rohibiting him from introducing in evidence designated documents or things or items of testimony, or from introducing evidence of !hysical or mental condition) "c# +n order stri,ing out !leadings or !arts thereof, or staying further !roceedings until the order is obeyed, or dismissing the action or !roceeding or any !art thereof, or rendering a udgment by default against the disobedient !arty) and "d# In lieu of any of the foregoing orders or in addition thereto, an order directing the arrest of any !arty or agent of a !arty for disobeying any of such orders e%ce!t an order to submit to a !hysical or mental e%amination.

Sec. (. E%!enses on refusal to admit. If a !arty after being served &ith a re.uest under 4ule $6 to admit the genuineness of any document or the truth of any matter of fact, serves a s&orn denial thereof and if the !arty re.uesting the admissions thereafter !roves the genuineness of such document or the truth of any such matter of fact, he may a!!ly to the court for an order re.uiring the other !arty to !ay him the reasonable e%!enses incurred in ma,ing such !roof, including attorneyAs fees. @nless the court finds that there &ere good reasons for the denial or that admissions sought &ere of no substantial im!ortance, such order shall be issued. Sec. 1. <ailure of !arty to attend or serve ans&ers. If a !arty or an officer or managing agent of a !arty &ilfully fails to a!!ear before the officer &ho is to ta,e his de!osition, after being served &ith a !ro!er notice, or fails to serve ans&ers to interrogatories submitted under 4ule $1 after !ro!er service of such interrogatories, the court on motion and notice, may stri,e out all or any !art of any !leading of that !arty, or dismiss the action or !roceeding or any !art thereof, or enter a udgment by default against that !arty, and in its discretion, order him to !ay reasonable e%!enses incurred by the other, including attorneyAs fees. Sec. 6. E%!enses against the 4e!ublic of the -hili!!ines. E%!enses and attorneyAs fees are not to be im!osed u!on the 4e!ublic of the -hili!!ines under this 4ule. RULE ON DNA EVIDENCE Section. 1. Sco!e. * This 4ule shall a!!ly &henever /N+ evidence, as defined in Section ' hereof, is offered, used, or !ro!osed to be offered or used as evidence in all criminal and civil actions as &ell as s!ecial !roceedings. Sec. $. +!!lication of other 4ules on Evidence. * In all matters not s!ecifically covered by this 4ule, the 4ules of Court and other !ertinent !rovisions of la& on evidence shall a!!ly. Sec. '. /efinition of Terms. * <or !ur!oses of this 4ule, the follo&ing terms shall be defined as follo&s5 "a# ;3iological sam!le; means any organic material originating from a !erson=s body, even if found in inanimate ob ects, that is susce!tible to /N+ testing. This includes blood, saliva and other body fluids, tissues, hairs and bones)

"b# ;/N+; means deo%yribonucleic acid, &hich is the chain of molecules found in every nucleated cell of the body. The totality of an individual=s /N+ is uni.ue for the individual, e%ce!t identical t&ins) "c# ;/N+ evidence; constitutes the totality of the /N+ !rofiles, results and other genetic information directly generated from /N+ testing of biological sam!les) "d# ;/N+ !rofile; means genetic information derived from /N+ testing of a biological sam!le obtained from a !erson, &hich biological sam!le is clearly identifiable as originating from that !erson) "e# ;/N+ testing; means verified and credible scientific methods &hich include the e%traction of /N+ from biological sam!les, the generation of /N+ !rofiles and the com!arison of the information obtained from the /N+ testing of biological sam!les for the !ur!ose of determining, &ith reasonable certainty, &hether or not the /N+ obtained from t&o or more distinct biological sam!les originates from the same !erson "direct identification# or if the biological sam!les originate from related !ersons ",inshi! analysis#) and "f# ;-robability of -arentage; means the numerical estimate for the li,elihood of !arentage of a !utative !arent com!ared &ith the !robability of a random match of t&o unrelated individuals in a given !o!ulation. Sec. (. +!!lication for /N+ Testing Order. * The a!!ro!riate court may, at any time, either motu !ro!rio or on a!!lication of any !erson &ho has a legal interest in the matter in litigation, order a /N+ testing. Such order shall issue after due hearing and notice to the !arties u!on a sho&ing of the follo&ing5 "a# + biological sam!le e%ists that is relevant to the case) "b# The biological sam!le5 "i# &as not !reviously sub ected to the ty!e of /N+ testing no& re.uested) or "ii# &as !reviously sub ected to /N+ testing, but the results may re.uire confirmation for good reasons) "c# The /N+ testing uses a scientifically valid techni.ue) "d# The /N+ testing has the scientific !otential to !roduce ne& information that is relevant to the !ro!er resolution of the case) and

"e# The e%istence of other factors, if any, &hich the court may consider as !otentially affecting the accuracy or integrity of the /N+ testing. This 4ule shall not !reclude a /N+ testing, &ithout need of a !rior court order, at the behest of any !arty, including la& enforcement agencies, before a suit or !roceeding is commenced. Sec. 1. /N+ Testing Order. * If the court finds that the re.uirements in Section ( hereof have been com!lied &ith, the court shall * "a# Order, &here a!!ro!riate, that biological sam!les be ta,en from any !erson or crime scene evidence) "b# Im!ose reasonable conditions on /N+ testing designed to !rotect the Iintegrity of the biological sam!le, the testing !rocess and the reliability of the test results, including the condition that the /N+ test results shall be simultaneously disclosed to !arties involved in the case) and "c# If the biological sam!le ta,en is of such an amount that !revents the conduct of confirmatory testing by the other or the adverse !arty and &here additional biological sam!les of the same ,ind can no longer be obtained, issue an order re.uiring all !arties to the case or !roceedings to &itness the /N+ testing to be conducted. +n order granting the /N+ testing shall be immediately e%ecutory and shall not be a!!ealable. +ny !etition for certiorari initiated therefrom shall not, in any &ay, stay the im!lementation thereof, unless a higher court issues an in unctive order. The grant of a /N+ testing a!!lication shall not be construed as an automatic admission into evidence of any com!onent of the /N+ evidence that may be obtained as a result thereof. Sec. 6. -ost*conviction /N+ Testing. * -ost*conviction /N+ testing may be available, &ithout need of !rior court order, to the !rosecution or any !erson convicted by final and e%ecutory udgment !rovided that "a# a biological sam!le e%ists, "b# such sam!le is relevant to the case, and "c# the testing &ould !robably result in the reversal or modification of the udgment of conviction. Sec. 7. +ssessment of !robative value of /N+ evidence. * In assessing the !robative value of the /N+ evidence !resented, the court shall consider the follo&ing5

"a# The chain of custody, including ho& the biological sam!les &ere collected, ho& they &ere handled, and the !ossibility of contamination of the sam!les) "b# The /N+ testing methodology, including the !rocedure follo&ed in analy>ing the sam!les, the advantages and disadvantages of the !rocedure, and com!liance &ith the scientifically valid standards in conducting the tests) "c# The forensic /N+ laboratory, including accreditation by any re!utable standards*setting institution and the .ualification of the analyst &ho conducted the tests. If the laboratory is not accredited, the relevant e%!erience of the laboratory in forensic case&or, and credibility shall be !ro!erly established) and "d# The reliability of the testing result, as hereinafter !rovided. The !rovisions of the 4ules of Court concerning the a!!reciation of evidence shall a!!ly su!!letorily. Sec. 8. 4eliability of /N+ Testing ?ethodology. * In evaluating &hether the /N+ testing methodology is reliable, the court shall consider the follo&ing5 "a# The falsifiability of the !rinci!les or methods used, that is, &hether the theory or techni.ue can be and has been tested) "b# The sub ection to !eer revie& and !ublication of the !rinci!les or methods) "c# The general acce!tance of the !rinci!les or methods by the relevant scientific community) "d# The e%istence and maintenance of standards and controls to ensure the correctness of data generated) "e# The e%istence of an a!!ro!riate reference !o!ulation database) and "f# The general degree of confidence attributed to mathematical calculations used in com!aring /N+ !rofiles and the significance and limitation of statistical calculations used in com!aring /N+ !rofiles. Sec. 9. Evaluation of /N+ Testing 4esults. * In evaluating the results of /N+ testing, the court shall consider the follo&ing5

"a# The evaluation of the &eight of matching /N+ evidence or the relevance of mismatching /N+ evidence) "b# The results of the /N+ testing in the light of the totality of the other evidence !resented in the case) and that "c# /N+ results that e%clude the !utative !arent from !aternity shall be conclusive !roof of non*!aternity. If the value of the -robability of -aternity is less than 99.9B, the results of the /N+ testing shall be considered as corroborative evidence. If the value of the -robability of -aternity is 99.9B or higher, there shall be a dis!utable !resum!tion of !aternity. Sec. 10. -ost*conviction /N+ Testing. 4emedy if the 4esults +re <avorable to the Convict. * The convict or the !rosecution may file a !etition for a &rit of habeas cor!us in the court of origin if the results of the !ost*conviction /N+ testing are favorable to the convict. In case the court, after due hearing, finds the !etition to be meritorious, it shall reverse or modify the udgment of conviction and order the release of the convict, unless continued detention is ustified for a la&ful cause. + similar !etition may be filed either in the Court of +!!eals or the Su!reme Court, or &ith any member of said courts, &hich may conduct a hearing thereon or remand the !etition to the court of origin and issue the a!!ro!riate orders. Sec. 11. Confidentiality. * /N+ !rofiles and all results or other information obtained from /N+ testing shall be confidential. E%ce!t u!on order of the court, a /N+ !rofile and all results or other information obtained from /N+ testing shall only be released to any of the follo&ing, under such terms and conditions as may be set forth by the court5 "a# -erson from &hom the sam!le &as ta,en) "b# Ca&yers re!resenting !arties in the case or action &here the /N+ evidence is offered and !resented or sought to be offered and !resented) "c# Ca&yers of !rivate com!lainants in a criminal action) "d# /uly authori>ed la& enforcement agencies) and "e# Other !ersons as determined by the court.

2hoever discloses, utili>es or !ublishes in any form any information concerning a /N+ !rofile &ithout the !ro!er court order shall be liable for indirect contem!t of the court &herein such /N+ evidence &as offered, !resented or sought to be offered and !resented. 2here the !erson from &hom the biological sam!le &as ta,en files a &ritten verified re.uest to the court that allo&ed the /N+ testing for the disclosure of the /N+ !rofile of the !erson and all results or other information obtained from the /N+ testing, the same may be disclosed to the !ersons named in the &ritten verified re.uest. Sec. 1$. -reservation of /N+ Evidence. * The trial court shall !reserve the /N+ evidence in its totality, including all biological sam!les, /N+ !rofiles and results or other genetic information obtained from /N+ testing. <or this !ur!ose, the court may order the a!!ro!riate government agency to !reserve the /N+ evidence as follo&s5 "a# In criminal cases5 i. for not less than the !eriod of time that any !erson is under trial for an offense) or ii. in case the accused is serving sentence, until such time as the accused has served his sentence) and "b# In all other cases, until such time as the decision in the case &here the /N+ evidence &as introduced has become final and e%ecutory. The court may allo& the !hysical destruction of a biological sam!le before the e%!iration of the !eriods set forth above, !rovided that5 "a# + court order to that effect has been secured) or "b# The !erson from &hom the /N+ sam!le &as obtained has consented in &riting to the dis!osal of the /N+ evidence. Sec. 1'. +!!licability to -ending Cases. * E%ce!t as !rovided in Sections 6 and 10 hereof, this 4ule shall a!!ly to cases !ending at the time of its effectivity. Sec. 1(. Effectivity. * This 4ule shall ta,e effect on October 11, $007, follo&ing !ublication in a ne&s!a!er of general circulation.

RULE ON EXAMINATION OF A CHILD WITNESS Section 1. +!!licability of the 4ule. @nless other&ise !rovided, this 4ule shall govern the e%amination of child &itnesses &ho are victims of crime, accused of a crime, and &itnesses to crime. It shall a!!ly in all criminal !roceedings and non* criminal !roceedings involving child &itnesses. Sec. $. Ob ectives. The ob ectives of this 4ule are to create and maintain an environment that &ill allo& children to give reliable and com!lete evidence, minimi>e trauma to children, encourage children to testify in legal !roceedings, and facilitate the ascertainment of truth. Sec. '. Construction of the 4ule. This 4ule shall be liberally construed to u!hold the best interests of the child and to !romote ma%imum accommodation of child &itnesses &ithout !re udice to the constitutional rights of the accused. Sec. (. /efinitions. "a# + Dchild &itnessE is any !erson &ho at the time of giving testimony is belo& the age of eighteen "18# years. In child abuse cases, a child includes one over eighteen "18# years but is found by the court as unable to fully ta,e care of himself or !rotect himself from abuse, neglect, cruelty, e%!loitation or discrimination because of a !hysical or mental disability or condition. "b# DChild abuseE means !hysical, !sychological or se%ual abuse and criminal neglect as defined in 4e!ublic +ct No. 7610 and other related la&s. "c# D<acilitatorE means a !erson a!!ointed by the court to !ose .uestions to a child. "d# D4ecord regarding a childE or DrecordE means any !hotogra!h, videota!e, audiota!e, film, hand&riting, ty!e&riting, !rinting, electronic recording, com!uter data or !rintout, or other memoriali>ation, including any court document, !leading, or any co!y or re!roduction of any of the foregoing, that contains the name, descri!tion, address, school or any other !ersonal identifying information about a child or his family and that is !roduced or maintained by a !ublic agency, !rivate agency or individual. "e# + Dguardian ad litemE is a !erson a!!ointed by the court &here the case is !ending for a child &ho is a victim of, accused of, or a &itness to a crime to !rotect the best interests of the said child.

"f# + Dsu!!ort !ersonE is a !erson chosen by the child to accom!any him to testify at or attend a udicial !roceeding or de!osition to !rovide emotional su!!ort for him. "g# D3est interests of the childE means the totality of the circumstances and conditions as are most congenial to the survival, !rotection, and feelings of security of the child and most encouraging to his !hysical, !sychological, and emotional develo!ment. It also means the least detrimental available alternative for safeguarding the gro&th and develo!ment of the child. "h# D/evelo!mental levelE refers to the s!ecific gro&th !hase in &hich most individuals are e%!ected to behave and function in relation to the advancement of their !hysical, socio*emotional, cognitive, and moral abilities. "i# DIn*de!th investigative intervie&E or Ddisclosure intervie&E is an in.uiry or !roceeding conducted by duly trained members of a multi*disci!linary team or re!resentatives of la& enforcement or child !rotective services for the !ur!ose of determining &hether child abuse has been committed. Sec. 1. Fuardian ad litem. "a# The court may a!!oint a guardian ad litem for a child &ho is a victim of, accused of, or a &itness to a crime to !romote the best interests of the child. In ma,ing the a!!ointment, the court shall consider the bac,ground of the guardian ad litem and his familiarity &ith the udicial !rocess, social service !rograms, and child develo!ment, giving !reference to the !arents of the child, if .ualified. The guardian ad litem may be a member of the -hili!!ine 3ar. + !erson &ho is a &itness in any !roceeding involving the child cannot be a!!ointed as a guardian ad litem. "b# The guardian ad litem5 "1# shall attend all intervie&s, de!ositions, hearings, and trial !roceedings in &hich a child !artici!ates) . "$# shall ma,e recommendations to the court concerning the &elfare of the child)

"'# shall have access to all re!orts, evaluations, and records necessary to effectively advocate for the child, e%ce!t !rivileged communications) "(# shall marshal and coordinate the delivery of resources and s!ecial services to the child) "1# shall e%!lain, in language understandable to the child, all legal !roceedings, including !olice investigations, in &hich the child is involved) "6# shall assist the child and his family in co!ing &ith the emotional effects of crime and subse.uent criminal or non*criminal !roceedings in &hich the child is involved) "7# may remain &ith the child &hile the child &aits to testify) . "8# may intervie& &itnesses) and "9# may re.uest additional e%aminations by medical or mental health !rofessionals if there is a com!elling need therefor. "c# The guardian ad litem shall be notified of all !roceedings but shall not !artici!ate in the trial. :o&ever, he may file motions !ursuant to Sections 9, 10, $1, $6, $7 and '1"c#. If the guardian ad litem is a la&yer, he may ob ect during trial that .uestions as,ed of the child are not a!!ro!riate to his develo!mental level. "d# The guardian ad litem may communicate concerns regarding the child to the court through an officer of the court designated for that !ur!ose. "e# The guardian ad litem shall not testify in any !roceeding concerning any information, statement, or o!inion received from the child in the course of serving as a guardian ad litem, unless the court finds it necessary to !romote the best interests of the child.

"f# The guardian ad litem shall be !resumed to have acted in good faith in com!liance &ith his duties described in Sub*section "b#.

Sec. 6. Com!etency. Every child is !resumed .ualified to be a &itness. :o&ever, the court shall conduct a com!etency e%amination of a child, motu !ro!rio or on motion of a !arty, &hen it finds that substantial doubt e%ists regarding the ability of the child to !erceive, remember, communicate, distinguish truth from falsehood, or a!!reciate the duty to tell the truth in court. "a# -roof of necessity. + !arty see,ing a com!etency e%amination must !resent !roof of necessity of com!etency e%amination. The age of the child by itself is not a sufficient basis for a com!etency e%amination. "b# 3urden of !roof. To rebut the !resum!tion of com!etence en oyed by a child, the burden of !roof lies on the !arty challenging his com!etence. "c# -ersons allo&ed at com!etency e%amination. Only the follo&ing are allo&ed to attend a com!etency e%amination5 "1# The udge and necessary court !ersonnel) "$# The counsel for the !arties) "'# The guardian ad litem) "(# One or more su!!ort !ersons for the child) and "1# The defendant, unless the court determines that com!etence can be fully evaluated in his absence. "d# Conduct of e%amination. E%amination of a child as to his com!etence shall be conducted only by the udge. Counsel for the !arties, ho&ever, can submit .uestions to the udge that he may, in his discretion, as, the child. "e# /evelo!mentally a!!ro!riate .uestions. The .uestions as,ed at the com!etency e%amination shall be a!!ro!riate to the age and develo!mental level of the child) shall not be related to the issues at trial) and shall focus on the ability of the child to remember, communicate, distinguish bet&een truth and falsehood, and a!!reciate the duty to testify truthfully.

"f# Continuing duty to assess com!etence. The court has the duty of continuously assessing the com!etence of the child throughout his testimony. Sec. 7. Oath or affirmation. 3efore testifying, a child shall ta,e an oath or affirmation to tell the truth. Sec. 8. E%amination of a child &itness. The e%amination of a child &itness !resented in a hearing or any !roceeding shall be done in o!en court. @nless the &itness is inca!acitated to s!ea,, or the .uestion calls for a different mode of ans&er, the ans&ers of the &itness shall be given orally. The !arty &ho !resents a child &itness or the guardian ad litem of such child &itness may, ho&ever, move the court to allo& him to testify in the manner !rovided in this 4ule. Sec. 9. Inter!reter for child. "a# 2hen a child does not understand the English or <ili!ino language or is unable to communicate in said languages due to his develo!mental level, fear, shyness, disability, or other similar reason, an inter!reter &hom the child can understand and &ho understands the child may be a!!ointed by the court, motu !ro!rio or u!on motion, to inter!ret for the child. "b# If a &itness or member of the family of the child is the only !erson &ho can serve as an inter!reter for the child, he shall not be dis.ualified and may serve as the inter!reter of the child. The inter!reter, ho&ever, &ho is also a &itness, shall testify ahead of the child. "c# +n inter!reter shall ta,e an oath or affirmation to ma,e a true and accurate inter!retation. Sec. 10. <acilitator to !ose .uestions to child. "a# The court may, motu !ro!rio or u!on motion, a!!oint a facilitator if it determines that the child is unable to understand or res!ond to .uestions as,ed. The facilitator may be a child !sychologist, !sychiatrist, social &or,er, guidance counselor, teacher, religious leader, !arent, or relative. "b# If the court a!!oints a facilitator, the res!ective counsels for the !arties shall !ose .uestions to the child only through the facilitator. The .uestions shall either be in the &ords used by counsel or, if the child is not li,ely to understand the same, in &ords that are com!rehensible to the child and &hich convey the meaning intended by counsel.

"c# The facilitator shall ta,e an oath or affirmation to !ose .uestions to the child according to the meaning intended by counsel. Sec. 11. Su!!ort !ersons. "a# + child testifying at a udicial !roceeding or ma,ing a de!osition shall have the right to be accom!anied by one or t&o !ersons of his o&n choosing to !rovide him emotional su!!ort. "1# 3oth su!!ort !ersons shall remain &ithin the vie& of the child during his testimony. "$# One of the su!!ort !ersons may accom!any the child to the &itness stand, !rovided the su!!ort !erson does not com!letely obscure the child from the vie& of the o!!osing !arty, udge, or hearing officer. "'# The court may allo& the su!!ort !erson to hold the hand of the child or ta,e other a!!ro!riate ste!s to !rovide emotional su!!ort to the child in the course of the !roceedings. "(# The court shall instruct the su!!ort !ersons not to !rom!t, s&ay, or influence the child during his testimony. "b# If the su!!ort !erson chosen by the child is also a &itness, the court may disa!!rove the choice if it is sufficiently established that the attendance of the su!!ort !erson during the testimony of the child &ould !ose a substantial ris, of influencing or affecting the content of the testimony of the child. "c# If the su!!ort !erson &ho is also a &itness is allo&ed by the court, his testimony shall be !resented ahead of the testimony of the child. Sec . 1$. 2aiting area for child &itnesses. The courts are encouraged to !rovide a &aiting area for children that is se!arate from &aiting areas used by other !ersons. The &aiting area for children should be furnished so as to ma,e a child comfortable. Sec. 1'. Courtroom environment. To create a more comfortable environment for the child, the court may, in its discretion, direct and su!ervise the location, movement and de!ortment of all !ersons in the courtroom including the !arties, their counsel, child, &itnesses, su!!ort !ersons, guardian ad litem, facilitator, and court !ersonnel. The child may be allo&ed to testify from a !lace other than the

&itness chair. The &itness chair or other !lace from &hich the child testifies may be turned to facilitate his testimony but the o!!osing !arty and his counsel must have a frontal or !rofile vie& of the child during the testimony of the child. The &itness chair or other !lace from &hich the child testifies may also be rearranged to allo& the child to see the o!!osing !arty and his counsel, if he chooses to loo, at them, &ithout turning his body or leaving the &itness stand. The udge need not &ear his udicial robe. Nothing in this section or any other !rovision of la&, e%ce!t official in*court identification !rovisions, shall be construed to re.uire a child to loo, at the accused. +ccommodations for the child under this section need not be su!!orted by a finding of trauma to the child. Sec. 1(. Testimony during a!!ro!riate hours. The court may order that the testimony of the child should be ta,en during a time of day &hen the child is &ell* rested. Sec. 11. 4ecess during testimony. The child may be allo&ed reasonable !eriods of relief &hile undergoing direct, cross, re*direct, and re*cross e%aminations as often as necessary de!ending on his develo!mental level. Sec . 16. Testimonial aids. The court shall !ermit a child to use dolls, anatomically*correct dolls, !u!!ets, dra&ings, manne.uins, or any other a!!ro!riate demonstrative device to assist him in his testimony. Sec . 17. Emotional security item. 2hile testifying, a child shall be allo&ed to have an item of his o&n choosing such as a blan,et, toy, or doll. Sec . 18. +!!roaching the &itness. The court may !rohibit a counsel from a!!roaching a child if it a!!ears that the child is fearful of or intimidated by the counsel. Sec. 19. ?ode of .uestioning. The court shall e%ercise control over the .uestioning of children so as to "1# facilitate the ascertainment of the truth) "$# ensure that .uestions are stated in a form a!!ro!riate to the develo!mental level of the child) "'# !rotect children from harassment or undue embarrassment) and "(# avoid &aste of time. The court may allo& the child &itness to testify in a narrative form. Sec. $0. Ceading .uestions. The court may allo& leading .uestions in all stages of e%amination of a child if the same &ill further the interests of ustice.

Sec . $1. Ob ections to .uestions. Ob ections to .uestions should be couched in a manner so as not to mislead, confuse, frighten, or intimidate the child. Sec . $$. Corroboration. Corroboration shall not be re.uired of a testimony of a child. :is testimony, if credible by itself, shall be sufficient to su!!ort a finding of fact, conclusion, or udgment sub ect to the standard of !roof re.uired in criminal and non*criminal cases. Sec. $'. E%cluding the !ublic. 2hen a child testifies, the court may order the e%clusion from the courtroom of all !ersons, including members of the !ress, &ho do not have a direct interest in the case. Such an order may be made to !rotect the right to !rivacy of the child or if the court determines on the record that re.uiring the child to testify in o!en court &ould cause !sychological harm to him, hinder the ascertainment of truth, or result in his inability to effectively communicate due to embarrassment, fear, or timidity. In ma,ing its order, the court shall consider the develo!mental level of the child, the nature of the crime, the nature of his testimony regarding the crime, his relationshi! to the accused and to !ersons attending the trial, his desires, and the interests of his !arents or legal guardian. The court may, motu !ro!rio, e%clude the !ublic from the courtroom if the evidence to be !roduced during trial is of such character as to be offensive to decency or !ublic morals. The court may also, on motion of the accused, e%clude the !ublic from trial, e%ce!t court !ersonnel and the counsel of the !arties. Sec . $(. -ersons !rohibited from entering and leaving courtroom. The court may order that !ersons attending the trial shall not enter or leave the courtroom during the testimony of the child. Sec. $1. Cive*lin, television testimony in criminal cases &here the child is a victim or a &itness. "a# The !rosecutor, counsel or the guardian ad litem may a!!ly for an order that the testimony of the child be ta,en in a room outside the courtroom and be televised to the courtroom by live*lin, television. 3efore the guardian ad litem a!!lies for an order under this section, he shall consult the !rosecutor or counsel and shall defer to the udgment of the !rosecutor or counsel regarding the necessity of a!!lying for an order. In case the guardian ad litem is convinced that the decision of the !rosecutor or counsel not to a!!ly &ill cause the child serious emotional trauma, he himself may a!!ly for the order. The !erson see,ing such an order shall a!!ly at least five "1# days before the trial date, unless the court finds on the record that the need for such an order &as not reasonably foreseeable.

"b# The court may motu !ro!rio hear and determine, &ith notice to the !arties, the need for ta,ing the testimony of the child through live*lin, television. "c# The udge may .uestion the child in chambers, or in some comfortable !lace other than the courtroom, in the !resence of the su!!ort !erson, guardian ad litem, !rosecutor, and counsel for the !arties. The .uestions of the udge shall not be related to the issues at trial but to the feelings of the child about testifying in the courtroom. "d# The udge may e%clude any !erson, including the accused, &hose !resence or conduct causes fear to the child. "e# The court shall issue an order granting or denying the use of live*lin, television and stating the reasons therefor. It shall consider the follo&ing factors5 "1# The age and level of develo!ment of the child) "$# :is !hysical and mental health, including any mental or !hysical disability) "'# +ny !hysical, emotional, or !sychological in ury e%!erienced by him) "(# The nature of the alleged abuse) "1# +ny threats against the child) "6# :is relationshi! &ith the accused or adverse !arty) "7# :is reaction to any !rior encounters &ith the accused in court or else&here) "8# :is reaction !rior to trial &hen the to!ic of testifying &as discussed &ith him by !arents or !rofessionals) "9# S!ecific sym!toms of stress e%hibited by the child in the days !rior to testifying) "10# Testimony of e%!ert or lay &itnesses) "11# The custodial situation of the child and the attitude of the members of his family regarding the events about &hich he &ill testify) and

"1$# Other relevant factors, such as court atmos!here and formalities of court !rocedure. "f# The court may order that the testimony of the child be ta,en by live*lin, television if there is a substantial li,elihood that the child &ould suffer trauma from testifying in the !resence of the accused, his counsel or the !rosecutor as the case may be. The trauma must be of a ,ind &hich &ould im!air the com!leteness or truthfulness of the testimony of the child. "g# If the court orders the ta,ing of testimony by live*lin, television5 "1# The child shall testify in a room se!arate from the courtroom in the !resence of the guardian ad litem) one or both of his su!!ort !ersons) the facilitator and inter!reter, if any) a court officer a!!ointed by the court) !ersons necessary to o!erate the closed* circuit television e.ui!ment) and other !ersons &hose !resence are determined by the court to be necessary to the &elfare and &ell* being of the child) "$# The udge, !rosecutor, accused, and counsel for the !arties shall be in the courtroom. The testimony of the child shall be transmitted by live*lin, television into the courtroom for vie&ing and hearing by the udge, !rosecutor, counsel for the !arties, accused, victim, and the !ublic unless e%cluded. "'# If it is necessary for the child to identify the accused at trial, the court may allo& the child to enter the courtroom for the limited !ur!ose of identifying the accused, or the court may allo& the child to identify the accused by observing the image of the latter on a television monitor. "(# The court may set other conditions and limitations on the ta,ing of the testimony that it finds ust and a!!ro!riate, ta,ing into consideration the best interests of the child. "h# The testimony of the child shall be !reserved on videota!e, digital disc, or other similar devices &hich shall be made !art of the court record and shall be sub ect to a !rotective order as !rovided in Section '1"b#. Sec . $6. Screens, one*&ay mirrors, and other devices to shield child from accused. "a# The !rosecutor or the guardian ad litem may a!!ly for an order that the chair of the child or that a screen or other device be !laced in the

courtroom in such a manner that the child cannot see the accused &hile testifying. 3efore the guardian ad litem a!!lies for an order under this Section, he shall consult &ith the !rosecutor or counsel sub ect to the second and third !aragra!hs of Section $1"a# of this 4ule. The court shall issue an order stating the reasons and describing the a!!roved courtroom arrangement. "b# If the court grants an a!!lication to shield the child from the accused &hile testifying in the courtroom, the courtroom shall be arranged to enable the accused to vie& the child. Sec . $7. Gideota!ed de!osition. "a# The !rosecutor, counsel, or guardian ad litem may a!!ly for an order that a de!osition be ta,en of the testimony of the child and that it be recorded and !reserved on videota!e. 3efore the guardian ad litem a!!lies for an order under this Section, he shall consult &ith the !rosecutor or counsel sub ect to the second and third !aragra!hs of Section $1"a#. "b# If the court finds that the child &ill not be able to testify in o!en court at trial, it shall issue an order that the de!osition of the child be ta,en and !reserved by videota!e. "c# The udge shall !reside at the videota!ed de!osition of a child. Ob ections to de!osition testimony or evidence, or !arts thereof, and the grounds for the ob ection shall be stated and shall be ruled u!on at the time of the ta,ing of the de!osition. The other !ersons &ho may be !ermitted to be !resent at the !roceeding are5 "1# The !rosecutor) "$# The defense counsel) "'# The guardian ad litem) "(# The accused, sub ect to sub*section "e#) "1# Other !ersons &hose !resence is determined by the court to be necessary to the &elfare and &ell*being of the child) "6# One or both of his su!!ort !ersons, the facilitator and inter!reter, if any) "7# The court stenogra!her) and

"8# -ersons necessary to o!erate the videota!e e.ui!ment. "d# The rights of the accused during trial, es!ecially the right to counsel and to confront and cross*e%amine the child, shall not be violated during the de!osition. "e# If the order of the court is based on evidence that the child is unable to testify in the !hysical !resence of the accused, the court may direct the latter to be e%cluded from the room in &hich the de!osition is conducted. In case of e%clusion of the accused, the court shall order that the testimony of the child be ta,en by live*lin, television in accordance &ith Section $1 of this 4ule. If the accused is e%cluded from the de!osition, it is not necessary that the child be able to vie& an image of the accused. "f# The videota!ed de!osition shall be !reserved and stenogra!hically recorded. The videota!e and the stenogra!hic notes shall be transmitted to the cler, of the court &here the case is !ending for safe,ee!ing and shall be made a !art of the record. "g# The court may set other conditions on the ta,ing of the de!osition that it finds ust and a!!ro!riate, ta,ing into consideration the best interests of the child, the constitutional rights of the accused, and other relevant factors. "h# The videota!ed de!osition and stenogra!hic notes shall be sub ect to a !rotective order as !rovided in Section '1"b#. "i# If, at the time of trial, the court finds that the child is unable to testify for a reason stated in Section $1"f# of this 4ule, or is unavailable for any reason described in Section ("c#, 4ule $' of the 1997 4ules of Civil -rocedure, the court may admit into evidence the videota!ed de!osition of the child in lieu of his testimony at the trial. The court shall issue an order stating the reasons therefor. " # +fter the original videota!ing but before or during trial, any !arty may file any motion for additional videota!ing on the ground of ne&ly discovered evidence. The court may order an additional videota!ed de!osition to receive the ne&ly discovered evidence.

Sec . $8. :earsay e%ce!tion in child abuse cases. + statement made by a child describing any act or attem!ted act of child abuse, not other&ise admissible under the hearsay rule, may be admitted in evidence in any criminal or non* criminal !roceeding sub ect to the follo&ing rules5

"a# 3efore such hearsay statement may be admitted, its !ro!onent shall ma,e ,no&n to the adverse !arty the intention to offer such statement and its !articulars to !rovide him a fair o!!ortunity to ob ect. If the child is available, the court shall, u!on motion of the adverse !arty, re.uire the child to be !resent at the !resentation of the hearsay statement for cross* e%amination by the adverse !arty. 2hen the child is unavailable, the fact of such circumstance must be !roved by the !ro!onent. "b# In ruling on the admissibility of such hearsay statement, the court shall consider the time, content and circumstances thereof &hich !rovide sufficient indicia of reliability. It shall consider the follo&ing factors5 "1# 2hether there is a motive to lie) "$# The general character of the declarant child) "'# 2hether more than one !erson heard the statement) "(# 2hether the statement &as s!ontaneous) "1# The timing of the statement and the relationshi! bet&een the declarant child and &itness) "6# Cross*e%amination could not sho& the lac, of ,no&ledge of the declarant child) "7# The !ossibility of faulty recollection of the declarant child is remote) and "8# The circumstances surrounding the statement are such that there is no reason to su!!ose the declarant child misre!resented the involvement of the accused. "c# The child &itness shall be considered unavailable under the follo&ing situations5 "1# Is deceased, suffers from !hysical infirmity, lac, of memory, mental illness, or &ill be e%!osed to severe !sychological in ury) or "$# Is absent from the hearing and the !ro!onent of his statement has been unable to !rocure his attendance by !rocess or other reasonable means. "d# 2hen the child &itness is unavailable, his hearsay testimony shall be admitted only if corroborated by other admissible evidence.

Sec . $9. +dmissibility of videota!ed and audiota!ed in*de!th investigative or disclosure intervie&s in child abuse cases. The court may admit videota!e and audiota!e in*de!th investigative or disclosure intervie&s as evidence, under the follo&ing conditions5 "a# The child &itness is unable to testify in court on grounds and under conditions established under Section $8 "c#. "b# The intervie& of the child &as conducted by duly trained members of a multidisci!linary team or re!resentatives of la& enforcement or child !rotective services in situations &here child abuse is sus!ected so as to determine &hether child abuse occurred. "c# The !arty offering the videota!e or audiota!e must !rove that5 "1# the videota!e or audiota!e discloses the identity of all individuals !resent and at all times includes their images and voices) "$# the statement &as not made in res!onse to .uestioning calculated to lead the child to ma,e a !articular statement or is clearly sho&n to be the statement of the child and not the !roduct of im!ro!er suggestion) "'# the videota!e and audiota!e machine or device &as ca!able of recording testimony) "(# the !erson o!erating the device &as com!etent to o!erate it) "1# the videota!e or audiota!e is authentic and correct) and "6# it has been duly !reserved. The individual conducting the intervie& of the child shall be available at trial for e%amination by any !arty. 3efore the videota!e or audiota!e is offered in evidence, all !arties shall be afforded an o!!ortunity to vie& or listen to it and shall be furnished a co!y of a &ritten transcri!t of the !roceedings. The fact that an investigative intervie& is not videota!ed or audiota!ed as re.uired by this Section shall not by itself constitute a basis to e%clude from evidence out*of*court statements or testimony of the child. It may, ho&ever, be considered in determining the reliability of the statements of the child describing abuse. . Sec . '0. Se%ual abuse shield rule.

. "a# Inadmissible evidence. The follo&ing evidence is not admissible in any criminal !roceeding involving alleged child se%ual abuse5 . "1# Evidence offered to !rove that the alleged victim engaged in other se%ual behavior) and . "$# Evidence offered to !rove the se%ual !redis!osition of the alleged victim. . "b# E%ce!tion. Evidence of s!ecific instances of se%ual behavior by the alleged victim to !rove that a !erson other than the accused &as the source of semen, in ury, or other !hysical evidence shall be admissible. + !arty intending to offer such evidence must5 "1# <ile a &ritten motion at least fifteen "11# days before trial, s!ecifically describing the evidence and stating the !ur!ose for &hich it is offered, unless the court, for good cause, re.uires a different time for filing or !ermits filing during trial) and "$# Serve the motion on all !arties and the guardian ad litem at least three "'# days before the hearing of the motion. 3efore admitting such evidence, the court must conduct a hearing in chambers and afford the child, his guardian ad litem, the !arties, and their counsel a right to attend and be heard. The motion and the record of the hearing must be sealed and remain under seal and !rotected by a !rotective order set forth in Section '1"b#. The child shall not be re.uired to testify at the hearing in chambers e%ce!t &ith his consent. Sec . '1. -rotection of !rivacy and safety. "a# Confidentiality of records. +ny record regarding a child shall be confidential and ,e!t under seal. E%ce!t u!on &ritten re.uest and order of the court, a record shall only be released to the follo&ing5 "1# ?embers of the court staff for administrative use) "$# The !rosecuting attorney) "'# /efense counsel) "(# The guardian ad litem) "1# +gents of investigating la& enforcement agencies) and

"6# Other !ersons as determined by the court. "b# -rotective order. +ny videota!e or audiota!e of a child that is !art of the court record shall be under a !rotective order that !rovides as follo&s5 "1# Ta!es may be vie&ed only by !arties, their counsel, their e%!ert &itness, and the guardian ad litem. "$# No ta!e, or any !ortion thereof, shall be divulged by any !erson mentioned in Sub*section "a# to any other !erson, e%ce!t as necessary for the trial. "'# No !erson shall be granted access to the ta!e, its transcri!tion or any !art thereof unless he signs a &ritten affirmation that he has received and read a co!y of the !rotective order) that he submits to the urisdiction of the court &ith res!ect to the !rotective order) and that in case of violation thereof, he &ill be sub ect to the contem!t !o&er of the court. "(# Each of the ta!e cassettes and transcri!ts thereof made available to the !arties, their counsel, and res!ective agents shall bear the follo&ing cautionary notice5 DThis ob ect or document and the contents thereof are sub ect to a !rotective order issued by the court in "case title#, "case number#. They shall not be e%amined, ins!ected, read, vie&ed, or co!ied by any !erson, or disclosed to any !erson, e%ce!t as !rovided in the !rotective order. No additional co!ies of the ta!e or any of its !ortion shall be made, given, sold, or sho&n to any !erson &ithout !rior court order. +ny !erson violating such !rotective order is sub ect to the contem!t !o&er of the court and other !enalties !rescribed by la&.E "1# No ta!e shall be given, loaned, sold, or sho&n to any !erson e%ce!t as ordered by the court. "6# 2ithin thirty "'0# days from recei!t, all co!ies of the ta!e and any transcri!ts thereof shall be returned to the cler, of court for safe,ee!ing unless the !eriod is e%tended by the court on motion of a !arty. "7# This !rotective order shall remain in full force and effect until further order of the court.

"c# +dditional !rotective orders. The court may, motu !ro!rio or on motion of any !arty, the child, his !arents, legal guardian, or the guardian ad litem, issue additional orders to !rotect the !rivacy of the child. "d# -ublication of identity contem!tuous. 2hoever !ublishes or causes to be !ublished in any format the name, address, tele!hone number, school, or other identifying information of a child &ho is or is alleged to be a victim or accused of a crime or a &itness thereof, or an immediate family of the child shall be liable to the contem!t !o&er of the court. "e# -hysical safety of child) e%clusion of evidence. + child has a right at any court !roceeding not to testify regarding !ersonal identifying information, including his name, address, tele!hone number, school, and other information that could endanger his !hysical safety or his family. The court may, ho&ever, re.uire the child to testify regarding !ersonal identifying information in the interest of ustice. "f# /estruction of videota!es and audiota!es. +ny videota!e or audiota!e of a child !roduced under the !rovisions of this 4ule or other&ise made !art of the court record shall be destroyed after five "1# years have ela!sed from the date of entry of udgment. "g# 4ecords of youthful offender. 2here a youthful offender has been charged before any city or !rovincial !rosecutor or before any munici!al udge and the charges have been ordered dro!!ed, all the records of the case shall be considered as !rivileged and may not be disclosed directly or indirectly to anyone for any !ur!ose &hatsoever. 2here a youthful offender has been charged and the court ac.uits him, or dismisses the case or commits him to an institution and subse.uently releases him !ursuant to Cha!ter ' of -. /. No. 60', all the records of his case shall also be considered as !rivileged and may not be disclosed directly or indirectly to anyone e%ce!t to determine if a defendant may have his sentence sus!ended under +rticle 19$ of -. /. No. 60' or if he may be granted !robation under the !rovisions of -. /. No. 968 or to enforce his civil liability, if said liability has been im!osed in the criminal action. The youthful offender concerned shall not be held under any !rovision of la& to be guilty of !er ury or of concealment or misre!resentation by reason of his failure to ac,no&ledge the case or recite any fact related thereto in res!onse to any in.uiry made to him for any !ur!ose. D4ecordsE &ithin the meaning of this Sub*section shall include those &hich may be in the files of the National 3ureau of Investigation and &ith any !olice de!artment or government agency &hich may have been involved in the case. "+rt. $00, -. /. No. 60'#

Sec . '$. +!!licability of ordinary rules. The !rovisions of the 4ules of Court on de!osition, conditional e%amination of &itnesses, and evidence shall be a!!lied in a su!!letory character. Sec. ''. Effectivity. This 4ule shall ta,e effect on /ecember 11, $000 follo&ing its !ublication in t&o "$# ne&s!a!ers of general circulation. JUDICIAL AFFIDAVIT RULE $ A.M. N%. 12$8$8$SC RESOLUTION 2:E4E+S, case congestion and delays !lague most courts in cities, given the huge volume of cases filed each year and the slo& and cumbersome adversarial system that the udiciary has in !lace) Ic:+aS 2:E4E+S, about (0B of criminal cases are dismissed annually o&ing to the fact that com!lainants sim!ly give u! coming to court after re!eated !ost!onements) 2:E4E+S, fe& foreign businessmen ma,e long*term investments in the -hili!!ines because its courts are unable to !rovide am!le and s!eedy !rotection to their investments, ,ee!ing its !eo!le !oor) 2:E4E+S, in order to reduce the time needed for com!leting the testimonies of &itnesses in cases under litigation, on <ebruary $1, $01$ the Su!reme Court a!!roved for !iloting by trial courts in Hue>on City the com!ulsory use of udicial affidavits in !lace of the direct testimonies of &itnesses) 2:E4E+S, it is re!orted that such !iloting has .uic,ly resulted in reducing by about t&o*thirds the time used for !resenting the testimonies of &itnesses, thus s!eeding u! the hearing and ad udication of cases) 2:E4E+S, the Su!reme Court Committee on the 4evision of the 4ules of Court, headed by Senior +ssociate Iustice +ntonio T. Car!io, and the Sub* Committee on the 4evision of the 4ules on Civil -rocedure, headed by +ssociate Iustice 4oberto +. +bad, have recommended for ado!tion a Iudicial +ffidavit 4ule that &ill re!licate nation&ide the success of the Hue>on City e%!erience in the use of udicial affidavits) and 2:E4E+S, the Su!reme Court En 3anc finds merit in the recommendation. NO2, T:E4E<O4E, the Su!reme Court En 3anc hereby issues and !romulgates the follo&ing5

SECTION 1.Sco!e. "a# This 4ule shall a!!ly to all actions, !roceedings, and incidents re.uiring the rece!tion of evidence before5 "1#The ?etro!olitan Trial Courts, the ?unici!al Trial Courts in Cities, the ?unici!al Trial Courts, the ?unici!al Circuit Trial Courts, and the Shari=a Circuit Courts but shall not a!!ly to small claims cases under +.?. 08*8*7*SC) "$#The 4egional Trial Courts and the Shari=a /istrict Courts) "'#The Sandiganbayan, the Court of Ta% +!!eals, the Court of +!!eals, and the Shari=a +!!ellate Courts) "(#The investigating officers and bodies authori>ed by the Su!reme Court to receive evidence, including the Integrated 3ar of the -hili!!ine "I3-#) and "1#The s!ecial courts and .uasi* udicial bodies, &hose rules of !rocedure are sub ect to disa!!roval of the Su!reme Court, insofar as their e%isting rules of !rocedure contravene the !rovisions of this 4ule. 1 "b#<or the !ur!ose of brevity, the above courts, .uasi* udicial bodies, or investigating officers shall be uniformly referred to here as the ;court.; SECTION $.Submission of Iudicial +ffidavits and E%hibits in Cieu of /irect Testimonies. "a# The !arties shall file &ith the court and serve on the adverse !arty, !ersonally or by licensed courier service, not later than five days before !re*trial or !reliminary conference or the scheduled hearing &ith res!ect to motions and incidents, the follo&ing5 "1#The udicial affidavits of their &itnesses, &hich shall ta,e the !lace of such &itnesses= direct testimonies) and "$#The !arties= documentary or ob ect evidence, if any, &hich shall be attached to the udicial affidavits and mar,ed as E%hibits +, 3, C, and so on in the case of the com!lainant or the !laintiff, and as E%hibits 1, $, ', and so on in the case of the res!ondent or the defendant. "b#Should a !arty or a &itness desire to ,ee! the original document or ob ect evidence in his !ossession, he may, after the same has been identified, mar,ed as e%hibit, and authenticated, &arrant in his udicial affidavit that the co!y or re!roduction attached to such affidavit is a faithful co!y or re!roduction of that original. In addition, the !arty or &itness shall bring the original document or ob ect evidence for com!arison during the !reliminary conference &ith the attached co!y, re!roduction, or !ictures, failing &hich the latter shall not be admitted. This is &ithout !re udice to the introduction of secondary evidence in !lace of the original &hen allo&ed by e%isting rules.

SECTION '.Contents of Iudicial +ffidavit. + udicial affidavit shall be !re!ared in the language ,no&n to the &itness and, if not in English or <ili!ino, accom!anied by a translation in English or <ili!ino, and shall contain the follo&ing5 "a#The name, age, residence or business address, and occu!ation of the &itness) "b#The name and address of the la&yer &ho conducts or su!ervises the e%amination of the &itness and the !lace &here the e%amination is being held) "c#+ statement that the &itness is ans&ering the .uestions as,ed of him, fully conscious that he does so under oath, and that he may face criminal liability for false testimony or !er ury) "d#Huestions as,ed of the &itness and his corres!onding ans&ers, consecutively numbered, that5 "1#Sho& the circumstances under &hich the &itness ac.uired the facts u!on &hich he testifies) "$#Elicit from him those facts &hich are relevant to the issues that the case !resents) and "'#Identify the attached documentary and ob ect evidence and establish their authenticity in accordance &ith the 4ules of Court) "e#The signature of the &itness over his !rinted name) and "f#+ urat &ith the signature of the notary !ublic &ho administers the oath or an officer &ho is authori>ed by la& to administer the same. SECTION (.S&orn +ttestation of the Ca&yer. "a# The udicial affidavit shall contain a s&orn attestation at the end, e%ecuted by the la&yer &ho conducted or su!ervised the e%amination of the &itness, to the effect that5 "1#:e faithfully recorded or caused to be recorded the .uestions he as,ed and the corres!onding ans&ers that the &itness gave) and "$#Neither he nor any other !erson then !resent or assisting him coached the &itness regarding the latter=s ans&ers. "b#+ false attestation shall sub ect the la&yer mentioned to disci!linary action, including disbarment.

SECTION 1.Sub!oena. If the government em!loyee or official, or the re.uested &itness, &ho is neither the &itness of the adverse !arty nor a hostile &itness, un ustifiably declines to e%ecute a udicial affidavit or refuses &ithout ust cause to ma,e the relevant boo,s, documents, or other things under his control available for co!ying, authentication, and eventual !roduction in court, the re.uesting !arty may avail himself of the issuance of a sub!oena ad testificandum or duces tecum under 4ule $1 of the 4ules of Court. The rules governing the issuance of a sub!oena to the &itness in this case shall be the same as &hen ta,ing his de!osition e%ce!t that the ta,ing of a udicial affidavit shall be understood to be e% !arte. SECTION 6.Offer of and Ob ections to Testimony in Iudicial +ffidavit. The !arty !resenting the udicial affidavit of his &itness in !lace of direct testimony shall state the !ur!ose of such testimony at the start of the !resentation of the &itness. The adverse !arty may move to dis.ualify the &itness or to stri,e out his affidavit or any of the ans&ers found in it on ground of inadmissibility. The court shall !rom!tly rule on the motion and, if granted, shall cause the mar,ing of any e%cluded ans&er by !lacing it in brac,ets under the initials of an authori>ed court !ersonnel, &ithout !re udice to a tender of e%cluded evidence under Section (0 of 4ule 1'$ of the 4ules of Court. :+ECI/ SECTION 7.E%amination of the 2itness on :is Iudicial +ffidavit. The adverse !arty shall have the right to cross*e%amine the &itness on his udicial affidavit and on the e%hibits attached to the same. The !arty &ho !resents the &itness may also e%amine him as on re*direct. In every case, the court shall ta,e active !art in e%amining the &itness to determine his credibility as &ell as the truth of his testimony and to elicit the ans&ers that it needs for resolving the issues. SECTION 8.Oral Offer of and Ob ections to E%hibits. "a# @!on the termination of the testimony of his last &itness, a !arty shall immediately ma,e an oral offer of evidence of his documentary or ob ect e%hibits, !iece by !iece, in their chronological order, stating the !ur!ose or !ur!oses for &hich he offers the !articular e%hibit. "b#+fter each !iece of e%hibit is offered, the adverse !arty shall state the legal ground for his ob ection, if any, to its admission, and the court shall immediately ma,e its ruling res!ecting that e%hibit. "c#Since the documentary or ob ect e%hibits form !art of the udicial affidavits that describe and authenticate them, it is sufficient that such e%hibits are sim!ly cited by their mar,ings during the offers, the ob ections, and the rulings, dis!ensing &ith the descri!tion of each e%hibit. SECTION 9.+!!lication of 4ule to Criminal +ctions. "a# This rule shall a!!ly to all criminal actions5

"1#2here the ma%imum of the im!osable !enalty does not e%ceed si% years) "$#2here the accused agrees to the use of udicial affidavits, irres!ective of the !enalty involved) or "'#2ith res!ect to the civil as!ect of the actions, &hatever the !enalties involved are. "b#The !rosecution shall submit the udicial affidavits of its &itnesses not later than five days before the !re*trial, serving co!ies of the same u!on the accused. The com!lainant or !ublic !rosecutor shall attach to the affidavits such documentary or ob ect evidence as he may have mar,ing them as E%hibits +, 3, C, and so on. No further udicial affidavit, documentary, or ob ect evidence shall be admitted at the trial. c#If the accused desires to be heard on his defense after recei!t of the udicial affidavits of the !rosecution, he shall have the o!tion to submit his udicial affidavit as &ell as those of his &itnesses to the court &ithin ten days from recei!t of such affidavits and serve a co!y of each on the !ublic and !rivate !rosecutor, including his documentary and ob ect evidence !reviously mar,ed as E%hibits 1, $, ', and so on. These affidavits shall serve as direct testimonies of the accused and his &itnesses &hen they a!!ear before the court to testify. SECTION 10.Effect of Non*Com!liance &ith the Iudicial +ffidavit 4ule. "a# + !arty &ho fails to submit the re.uired udicial affidavits and e%hibits on time shall be deemed to have &aived their submission. The court may, ho&ever, allo& only once the late submission of the same !rovided, the delay is for a valid reason, &ould not unduly !re udice the o!!osing !arty, and the defaulting !arty !ays a fine of not less than -1,000.00 nor more than -1,000.00, at the discretion of the court. "b#The court shall not consider the affidavit of any &itness &ho fails to a!!ear at the scheduled hearing of the case as re.uired. Counsel &ho fails to a!!ear &ithout valid cause des!ite notice shall be deemed to have &aived his client=s right to confront by cross*e%amination the &itnesses there !resent. "c#The court shall not admit as evidence udicial affidavits that do not conform to the content re.uirements of Section ' and the attestation re.uirement of Section ( above. The court may, ho&ever, allo& only once the subse.uent submission of the com!liant re!lacement affidavits before the hearing or trial !rovided the delay is for a valid reason and &ould not unduly !re udice the o!!osing !arty and !rovided further, that !ublic or !rivate counsel res!onsible for their !re!aration and submission !ays a fine of not less than -1,000.00 nor more than -1,000.00, at the discretion of the court.

SECTION 11.4e!eal or ?odification of Inconsistent 4ules. The !rovisions of the 4ules of Court and the rules of !rocedure governing investigating officers and bodies authori>ed by the Su!reme Court to receive evidence are re!ealed or modified insofar as these are inconsistent &ith the !rovisions of this 4ule. The rules of !rocedure governing .uasi* udicial bodies inconsistent here&ith are hereby disa!!roved. SECTION 1$.Effectivity. This rule shall ta,e effect on Ianuary 1, $01' follo&ing its !ublication in t&o ne&s!a!ers of general circulation not later than Se!tember 11, $01$. It shall also a!!ly to e%isting cases. ?anila, Se!tember (, $01$.