RULE 128

SECTION 1

SECTION 2

Scope in the Applicability of the Rules on Evidence

1 General Rule:
It shall be the same in all courts and in all trials and hearings
2 Exception:
When otherwise provided by the law or the Rules

SECTION 3

When Evidence is Admissible:

1 When it is RELEVANT to the issue, AND

2 When it is NOT EXCLUDED by the law or the Rules [competent]

SECTION 4

Relevancy; Collateral Matters:

1 When Evidence is Relevant:

When it has such a relation to the fact in issue that it induces belief in its existence or non-existence.
2 General Rule on Admissibility:
Only RELEVANT evidence is admissible, hence, collateral matters are not allowed.
3 Exception:
Evidence on collateral matters may be allowed when it tends in any reasonable degree to establish the probability ot
improbability of the fact in issue.
4 What are Collateral Matters:
Matters OTHER then the fact in issue.

RULE 129

WHAT NEED NOT BE PROVED

Types of Judicial Notice

Sec. 1 Mandatory
Sec. 2 Discretionary
Sec. 3 When Hearing Necessary

SECTION 1

Mandatory Judicial Notice

A court shall take judicial notice without the introduction of evidence of the following:
1 the existence and territorial extent of states, their political history, forms of government and symbols of nationality,
2 the law of nations,
3 the admiralty and maritime courts of the world and their seals,
4 the political constitution and history of the Philippines,
5 the official acts of the legislative, executive and judicial departments of the Philippines,
6 the laws of nature,
7 the measure of time, and
8 the geographical divisions.

SECTION 2

Discretionary Judicial Notice

A judge hearing a case may or may not take judicial notice of the following:
1 Matters which are of public knowledge,
2 Matters which are capable of unquestionable demonstration, or
3 Matters which ought to be known to him because if his judicial functions.

SECTION 3

When the Court May Allow the Parties to be Heard with Respect to Judicial Notice; Requisites:

During the Trial After Trial and Before Judgment or During Appeal
The court announces its intention to take judicial 1 The court announces its intention to take judicial notice of any
notice of any matter matter
The court does this on its own initiative or upon 2 The court does this on its own initiative or upon request of a
request of a party party
3 The matter which the court decides to take judicial notice of
decisive of a material issue in the case

SECTION 4

Judicial Admission

1 Characteristics of a Judicial Admission

1 It may be verbal or written;
2 It is made by a party in the course of the proceedings, which may be in any of the following:
1 Pleadings, such as complaint, answer, reply, etc.;
2 Motions;
3 Modes of discovery with request for admission;
4 Stipulations of facts;
5 Statements made in the course of the trial; and
3 It is made in the same case and NOT in any other case.
2 Legal Effects When Admission is Made
1 It does not require proof; and
2 It cannot be contradicted by the party who made it
3 Only Instances When a Party May Contradict His Own Admission:
1 When he can show that the admission was made through palpable mistake; or
2 When he can show that no such admission was made.

Outline of Matters Which Need NOT be Proven in Court

1 Judicial Notice – Matters which are already within the domain or realm of judicial knowledge.
Kinds of Judicial Notice:
1 Mandatory – courts MUST take judicial notice without the introduction of evidence of the following:
1 The existence and territorial extent of states, their political history, forms of government and symbols of
 nationality,
2 The law of nations,
3 the admiralty and maritime courts of the world and their seals,
4 the political constitution and history of the Philippines,
5 the official acts of legislative, executive and judicial departments of the Philippines,
6 the laws of nature,
7 the measure of time, and
8 the geographical divisions
2 Discretionary – courts may take judicial notice of matters which:
1 are of public knowledge, or
2 Are capable of unquestionable demonstration, or
3 Ought to be known to judges because of their judicial functions.
3 When Hearing Necessary – the court may announce its intention to take judicial notice of any matter and allow
the parties to be heard thereon:
1 Before trial – on its own initiative or on request of a party
2 After trial and before judgment or on appeal:
1 on its own initiative or on request of a party; and
2 if such matter is decisive or a material issue in the case.
2 Judicial Admissions – Facts which are already judicially admitted by the other party.
Rules:
1 General Rule – A judicial admission when made does not require proof and may not be contradicted by the party
who made it.
2 Exceptions – The admission may be contradicted by the party who made it only by showing:
1 That it was made through palpable mistake, or
2 That no such admission was made by him.

RULE 130

RULES OF ADMISSIBILITY

A. OBJECT (REAL) EVIDENCE

SECTION 1

Object as Evidence

1 What is object evidence:

Evidence which is addressed to the senses of the court
2 When it may be exhibited to or viewed by the court:
When it is relevant to the fact in issue

B. DOCUMENTARY EVIDENCE

SECTION 2

Documentary Evidence

1 What they consist of:

1 Writings, or
2 Any materials containing:
1 letters,
2 words,
3 numbers,
 4 figures,
5 symbols or
6 other modes of written expression
2 What are offered as proof:
Their CONTENTS

1. Best Evidence Rule

SECTION 3

Outline of the Best Evidence Rule

1 General Rule:
When the SUBJECT of the inquiry is the CONTENTS of a document, no evidence shall be admissible other than
the original document itself.
2 Exceptions – When evidence other than the original document may be presented:
1 When the original, WITHOUT BAD FAITH on the part of the offeror:
1 has been lost, or
2 has been destroyed, or
3 cannot be produced in court,
2 When the original:
1 is in the custody or under the control of the party against whom the evidence is offered, and
2 such party fails to produce it after reasonable notice;
3 When the original consists of numerous accounts or other documents which cannot be examined in court
without great loss of time and the fact sought to be established from them is only the general result of the
whole; and
4 When the original is a public record:
1 in the custody of a public officer, or
2 is recorded in a public office.
3 When Best Evidence Rule NOT Applicable – When the subject of the inquiry is NOT the contents of the document
but other matters such as:
1 the existence of the document, or
2 the due execution of the document, or
3 the location of the document.

SECTION 4

What Can Be Considered as the “Original Document”

1 One the contents of which are the subject of inquiry;

2 All identical copies of the document – when a document is in 2 or more copies executed at or about the same time;
3 All entries repeated in the regular course of business – when copied from another at or near the time of the
transaction.

2. Secondary Evidence

SECTION 5

Secondary Evidence

1 Definition:
Evidence of the contents of the document other than the original.
2 Requisites for Presentation of Secondary Evidence:
1 The original document EXISTED and has been DULY EXECUTED,
2 It has been LOST, DESTROYED or CANNOT BE PRODUCED in court,
3 It is unavailable WITHOUT BAD FAITH on the part of the offeror, and
3 If there are several original copies, all must be ACCOUNTED FOR.
3 Types of Secondary Evidence Which May be Presented in Evidence in Lieu of the Original [In Order of Preference]:
1 A COPY of the original such as a photocopy or certified true copy,
2 A RECITAL of its contents in another authentic document, or
3 The TESTIMONY of witness.

SECTION 6

When original document in Custody or Control of Adverse Party

Requisite for Admissibility of Secondary Evidence:

1 There must be PROOF that the original document exists,
2 The adverse party must have been given REASONABLE NOTICE to produce the original, and
3 The adverse party FAILS to produce the document

SECTION 7

When the Original Document is a Public Record

1 Legal Effect:
A certified copy is admissible to prove the contents of the document.
2 Requisites for Admissibility of Certified Copy:
1 The original is either:
1 in the custody of a public officer, or
2 recorded in a public office.
2 The certified copy is issued by the public officer in custody thereof.

SECTION 8

3. Parol Evidence Rule

SECTION 9

1 General Rule:
When the agreement is in writing, it is presumed that all the terms and conditions agreed upon are written down
in the said agreement.
2 Legal Effect:
Oral or parol evidence cannot be presented to MODIFY, EXPLAIN or ADD to the terms of the written agreement:
3 Exceptions -- When Parol Evidence May be Allowed to MODIFY, EXPLAIN or ADD to the terms of the written
agreement:
1 When there is in the written agreement:
1 An INTRINSIC AMBIGUITY,
2 MISTAKE, or
3 IMPERFECTION;
2 When the written agreement FAILS to express the TRUE INTENT and agreement of the parties thereto;
3 When the written agreement is NOT VALID; or
4 There is a SUBSEQUENT agreement entered into by the parties or their successors-in-interest AFTER the
execution of the written agreement.
Requisites for the Parties to Modify, Explain or ADD to the Terms of the Agreement through Parol Evidence:

1 The party must prove that any of the above exceptions exists; and
2 The party must raise the issue in his pleading.

4. Interpretation of Documents

SECTION 10

SECTION 11

SECTION 12

SECTION 13

SECTION 14

SECTION 15

SECTION 16

SECTION 17

SECTION 18

SECTION 19

C. TESTIMONIAL EVIDENCE
1. Qualification of Witnesses

SECTION 20

Qualifications of Witnesses
1 Who are qualified to become witnesses-- All persons who:
1 can perceive, and
2 Perceiving, can make known their perception to the others.
2 What CANNOT be a ground for disqualification of witnesses:
1 Religious or political belief;
2 Interest in the outcome of the case [bias]; or
3 Conviction of a crime, unless otherwise provided by law, such as:
Rule 119 Sec 17 - An accused may not be discharged to act as a state witness if he has been convicted of a
1 crime involving moral turpitude.
2 Civil Code Art. 821 - Those who have been convicted of falsification of document, perjury, or false testimony
are disqualified from being witnessed to a will.

Summary

1 Disqualifications:
1 TOTAL or ABSOLUTE [Sec. 21] - The person is disqualified to testify in ANY case.
1 Mental Incapacity or Insanity
2 Mental Immaturity
2 PARTIAL OR RELATIVE - The person is qualified to be a witness but it disqualified from the testifying on certain
matters.
1 MARITAL DISQUALIFICATION Rule [Sec. 22]
 2 SURVIVOR's DISQUALIFICATION Rule or
3 DEAD MAN'S Statue [Sec. 23]
4 MARITAL COMMUNICATION Rule [Sec. 24 (a)]
5 ATTORNEY-CLIENT Privilege [Sec. 24(b)]
6 PHYSICIAN-PATIENT Privilege [Sec. 24(c)]
7 PRIEST-PENITENT Privilege [Sec. 24(d)]
8 Privilege of STATE SECRETS [Sec. 24(e)]
2 Privileges:
PARENTAL-FILIAL Privilege

SECTION 21

Total or Absolute Disqualifications

1 Mental Incapacity:
Refers to those whose mental condition is such that they are incapable of making known their perception to others;
Such mental condition must exist at the time of their production for examination
2 Mental Immaturity - Refers to the children whose mental maturity is such as to render them incapable:
1 of perceiving the facts respecting which they are examined, and
2 of relating them truthfully.

SECTION 22

Marital Disqualification Rule

1 General Rule - One spouse CANNOT testify in any case where the other spouse is a party, whether FOR or AGAINST
the other:
1 DURING their marriage [not when marriage has been dissolved, and
2 WITHOUT the CONSENT of the affected spouse [party to the case]
2 Exceptions - One spouse may testify AGAISNT the other spouse:
1 In a CIVIL case by one against the other; or
2 In a CRIMINAL case for a crime committed by one spouse against;
1 the other spouse, or
2 the other spouse's direct descendants or ascendant
3 Waiver - This disqualification MAY be waived when there is:
1 CONSENT - as when one calls the other as his witness
2 FAILURE to OBJECT - when the adverse party calls the party's spouse as his witness

SECTION 23

Survivors Disqualification Rule

1 Requisites for Dead Man's Statue to Apply:

1 The WITNESS is:
1 a party to a case, or
2 an assignor of a party to a case, or
3 a person in whose behalf a case is prosecuted;
2 The ACTION is against:
1 an executor or administrator or other representative of a deceased person, or
2 a person of unsound mind;
3 The SUBJECTIVE-MATTER of the action is a claim or demand against:
1 the estate of such deceased person, or
 2 a person of unsound mind;
4 The TESTIMONY of the witness refers to any matter of fact which occurred BEFORE:
1 the death of such deceased person, or
2 such person became of unsound mind.
2 Instances When Dead Man's Statue NOT Applicable
1 When the testimony does not refer to a matter which occurred before the death of the deceased but merely to
documents. [Bordalba v. CA]
2 When the executor, administrator or legal representative of the deceased, or the person of unsound mind, is the
plaintiff in the case, the defendant is free to testify against the plaintiff. [Razon v. IAC]
3 Where the defendant [estate of or person on unsound mind] files a counterclaim against the plaintiff. [Sunga-
Chan v. Chua]
4 When the person testifying against the defendant is an ORDINARY witness [Sunga-Chan v. Chua]
3 Waiver:
When a party cross-examines the witness on matters that occurred during the lifetime of the deceased he waives his
right to invoke the dead man’s statute. [Santos v. Santos]

SECTION 24

Marital Disqualification Rule

1 General Rule – One spouse cannot testify for or against the other spouse:
1 On matters referring to any communication:
1 which was received in confidence by one from the other, and
2 which was received during the marriage;
2 Without the consent of the other.
2 Exceptions – Examination of one spouse with respect to communication received from the other in confidence
during the marriage is allowed when it involves a:
1 CIVIL case, filed by one spouse against another; or
2 CRIMINAL case for a crime committed against:
1 the other spouse, or
2 the other spouse’s direct ascendants or descendants.
3 Waiver – This rule MAY be WAIVED as when:
1 There is failure to object to the testimony, or
2 The spouse himself calls the other spouse to the stand to testify on privileged matters.

Distinctions

Marital Disqualification Rule Marital Communication Rule

Sec. 22 Sec. 24
Requires that one of the spouses be a party to a 1 Does not require that one of the spouses be a
case party to a case
2 Refers only to confidential communications
Applies to any fact during the marriage
3 Claimable during or after the marriage has been
Claimable only during the marriage dissolved

Attorney-Client Privilege

First Part As to: Second Part

An attorney Who is not Allowed An attorney’s secretary, stenographer
to Testify: or clerk
His client Whose consent is The client and his employer [the
required to testify: attorney]
As to any: What matters As to any fact, the knowledge of which
1 Communication made by the cannot be testified has been acquired by him in his
client to the attorney, or on: capacity as secretary, stenographer or
2 Advice given by the attorney to clerk
the client,
In the course of, or with the view to,
professional employment
Yes, by failure to object to the Whether or not this Yes, by failure to object to the
testimony privilege may be testimony
waived:

Physician-Patient Privilege: Requisites for Privilege to Apply

1 The privilege is claimed in a civil case;

The person against whom the privilege is claimed is one duly authorized to practice medicine,
2 surgery or obstetrics;
Such person acquired the information while he was attending to the patient in his professional
3 capacity;
4 The information was necessary to enable him to act in that capacity; and
5 The information:
1 was confidential, and

2 if disclosed, would blacken the reputation of the patient.

Priest-Penitent Privilege

1 Who cannot testify:

Any PRIEST or MINISTER
2 He cannot be examined WITHOUT the CONSENT of the person making the confession as to any:
1 Confession made to him, or
2 Advice given by him
In his professional character in the course of the discipline enjoined by the church to which the
minister or priest belongs.
3 Waiver:
This privilege CANNOT be waived

Privilege of State Secrets

1 Who cannot testify:

Any PUBLIC OFFICER
2 When he cannot testify:
During his term of office or afterwards
3 He cannot be examined:
1 As to communications made to him in OFFICIAL CONFIDENCE,
2 When the court finds that the PUNBLIC INTEREST would suffer by the disclosure.
4 Waiver:
5 Requisites for the rule to apply:
1 There must by CONFIDENTIAL, OFFICIAL communication,
 2 The communication must have bee MADE by a PUBLIC OFFICER, and,
3 The disclosure of the communication would AFFECT PUBLIC INTEREST.

2. Testimonial Privilege

SECTION 25

Parental and Filial Privilege

1 General Rule – No person may be COMPELLED to testify against his:

1 Parents or other direct ascendants,
2 Children or other direct descendants
2 Exception
If the person himself volunteers to testify, he is not prohibited from doing so
3 2 Kinds of Privilege under Sec. 25:
1 PARENTAL privilege – the witness cannot be compelled to testify against his child or other direct
descendant
2 FILIAL privilege – the witness cannot be compelled to testify against his parent or other direct
ascendant

3. Admissions and Confessions

SECTION 26

Definition of Admission

1 An ACT, DECLARATION or OMISSION OF A PARTY,

2 As to a RELEVANT FACT, and
3 Which may be given in evidence AGAINST him

SECTION 27

Rules on Offer of Compromise:

1 Civil Cases – An offer of compromise:

1 is NOT an admission of any liability; and
2 is NOT admissible in evidence against the offeror.
2 Criminal Cases:
1 General Rule – An offer of compromise made by the accused MAY be RECEIVED in evidence as an
IMPLIED ADMISSION of his guilt.
2 Exceptions – When an offer of compromise is NOT an implied admission of guilt:
1 In quasi-offenses (negligence) where there is no criminal intent [such as reckless
imprudence];
2 In criminal cases allowed by law to be compromised such as:
1 National Internal Revenue Code [Sec. 7(c)] – The Commissioner or Internal Revenue has
the power to compromise minor criminal violation as may be determined by the Secretary
of Finance.
2 Local Government Code [Sec. 408] – Allowed in minor offenses whose penalties do not
exceed one year.
3 Revised Penal Code [Art. 266-C or the Anti Rape Law of 1997] – In cases of marital rape,
where subsequent forgiveness by the wife extinguishes the criminal action or penalty.
Other Rules on Admissibility

Offer or Plea Admissibility

1 Plea of guilty but later withdrawn by the
accused:
2 Offer by the accused to plead guilty to a lesser
offense but unaccepted by prosecution:
3 Offer to pay or payment of medical, hospital
or other expenses occasioned by injury:
Not admissible in evidence against the accused
who made the plea
Not admissible in evidence against the accused
who made the offer
Not admissible in evidence as proof of civil or
criminal liability for the injury

SECTION 28

Sec. 27-31- Res Inter Alios Acta Rule (Res Inter Alios Acta Nocere Non Debet)

1 General Rule – The act, declaration or omission [MADE OUT OF COURT] of a party as to a relevant
fact:
1 May be given in evidence against him [Sec. 27], BUT
2 It may NOT be given in evidence against another person [Sec. 28].
2 Exceptions – The act or omission of one party [MADE OUT OF COURT] may be used as evidence
against another, when it is an admission made by a/n:
1 PARTNER [Sec. 29]
2 AGENT [Sec. 29]
3 JOINT OWNER [Sec. 29]
4 JOINT DEBTOR [Sec. 29]
5 A person JOINTLY INTERESTED with the party [Sec. 29]
6 CONSPIRATOR [Sec. 30]
7 PRIVY or Successor-in-Interest [Sec. 31]

SECTION 29

Requisites:

1 For an Admission by a Partner to Bind his Co-partners:

1 The EXISTENCE of the partnership must be proven by INDEPENDENT evidence other than such
act or declaration [such as the Articles of Partnership];
2 The statement refers to a matter within the SCOPE of the partner’s authority; and
3 The admission is made DURING the existence of the partnership.
2 For an Admission by an Agents to Bind his Principal:
1 The EXISTENCE of the agency must be proven by INDEPENDENT evidence other than such act or
declaration [such as SPA];
2 The statement refers to a matter within the SCOPE of his authority as an agent; and
3 The admission is made DURING the existence of the agency.

SECTION 30

Requisites for an Admission by a Conspirator to Bind his Co-conspirators

1 The conspiracy is shown by evidence other than such act or declaration; (independent evidence)
2 That the statement, act or declaration relates to the purpose or object of the conspiracy;
3 The statement, act or declaration must be made during the existence of the conspiracy NOT before or
after.
SECTION 31

Admission by Privies; Elements:

1 One [successor-in-interest] derives titles to property from another [predecessor-in-interest] through

any legal means of transfer;
2 A statement, act or declaration is made by the predecessor-in-interest:
1 in relation to the property, and
2 while holding the title thereof;
3 Said statement, act or declaration is evidence against his successor-in-interest.

SECTION 32

Admission by Silence [Adoptive Omission]; Elements

1 An act or declaration made in the presence and within the hearing distance of a party;
2 It is made in the presence and within hearing distance of a party;
3 The act or declaration is such as naturally to call for action or comment from said party, if not
true;
4 Said party does or says nothing even though proper and possible for him to do so;
5 The act or declaration may be given in evidence against said party.

SECTION 33

Distinctions

Extra-judicial confession Judicial confession

That made by a party elsewhere than before a magistrate
or a court.
Deprives the other accused of the opportunity to cross-
examine the confessant.
Generally binding only upon the confessant and is not
admissible against his co-accused.
1 That made by a party in open court.
2 Is thrown wide open for cross-examination and
rebuttal.
3 May be admissible against ones co-accused.

SECTION 34

Distinctions

Admission Confession
Sec. 26 Sec. 33
It is a statement of fact without necessarily acknowledging 1 It is an acknowledgment of the guilt of the offense
guilt charged
It may be express or implied 2 It must always be express
It applies to both criminal and civil cases 3 It applies only to criminal cases

SECTION

SECTION

SECTION
SECTION

SECTION