GREAT BIG SUMMARY OF SUCCESSION PROVISIONS

PROVISION CONCEPT EXPANSION

RULE 128: GENERAL PROVISIONS
R128.S1 Evidence defined Means, sanctioned by rules, of ascertaining in judicial proceeding, the
truth re. matter of fact
R128.S2 Scope Same in all courts and all trials and hearings, expt as otherwise provided by
law or Rules
R128.S3 Admissibility of evidence Admissible when:
- relevant to issue; AND
- not excluded by CONST, law, Rules
R128.S4 Relevancy - Relation to fact in issue
- As to induce belief in its non/existence
Collateral matters GR: Evidence of collateral matters NOT allowed
EXP: when it tends (in any reasonable deg.) to establish im/probability of
fact in issue
RULE 129: WHAT NEED NOT BE PROVED
R129.S1 Mandatory judicial notice Court shall take judicial notice (w/o intro of evid) of the:
- existence and territorial extent of states
- their political history
- forms of gov and symbols of nationality
- law of nations
- admiralty and maritime courts of world and their seals
- political constitution and history of PH
- official acts of legislative, executive, and judicial departments of
the national gov of PH
- laws of nature
- measure of time
- geographical divisions
R129.S2 Discretionary judicial Matters which are:
notice - of public knowledge
- capable of unquestionable demonstration
- ought to be known to judges bc of their judicial functions
R129.S3 When hearing necessary Par 1. During pre-trial and trial
- motu proprio
- SHALL hearing on propriety of taking judicial notice
Par 2. Before judgment or on appeal
- motu proprio
- SHALL hear parties If such matter is decisive of material issue in
case
R129.S4 Judicial admission Admission:
- Oral or written
- Made by party in course of proceedings in same case
- Does not require proof
May be contradicted by showing it was made thru:
- Palpable mistake
- Imputed admission was not in fact made
RULE 130: RULES OF ADMISSIBILITY
A. OBJECT (REAL) EVIDENCE
R130.S1 Object as evidence Define: evidence addressed to senses of court
- When relevant to fact in issue
- May be exhibited to, examined, or viewed by ct
R130.S2 Documentary evidence Define:
 - consist of writings, recordings, photos…or
- any material containing letters, words, sounds, numbers, figures,
symbols, or their equivalent…or
- other modes of written expression offered as proof of their
contents
photos include: still pics, drawings, stored images, xray films, motion
pictures, or videos
1. Original document rule
R130.S3 Original doc requirement When: subject of inquiry is contents of document, writing, recording,
photograph, other record
GR: no evidence admissible other than OG
EXP:
(a) OG lost, destroyed, cannot be produced in ct who BF of offeror
(b) In custody/ under ctrl of party against whom evidence is offered;
AND
- Latter fails to produce it after reasonable notice, OR
- OG cant be obtained by local judicial processes/ procedures
(c) When 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 whole
(d) When original a public record in the custody of a public officer or is
recorded in a public office
(e) When original is not closely-related to controlling issue
R130.S4 Original of document (a)
- The doc itself or any counterpart intended to have same effect by
original a person executing or issuing it
Photograph original
- Includes negative or
- Any print therefrom
Data stored in computer or similar
- Any print out or other output readable by sight or other means
- shown to reflect data accurately
Duplicate (b)
Counterpart produced by:
- same impression as original, or from same matrix, or
- photography (inc. enlargements, miniatures, or
- mechanical or electronic re-recording
- chemical reproduction
- Other equivalent techniques w/c accurately reproduce original
(c)
Duplicate is admissible to same extent as OG unless:
(1) genuine question is raised re authenticity of OG
(2) unjust or inequitable to admit duplicate in lieu of OG (in the
circumstances)
2. Secondary evidence
R130.S5 When: Required:
Original document is - OG doc is lost, destroyed, cannot be produced in court
unavailable - Offeror to prove execution or existence and
- Cause of unavailability
- W/o BF on his/he part
How:
- recital of contents in some authentic doc; OR
 - testimony of witnesses in order stated
R130.S6 When: Required:
OG is in adverse party’s - OG is in adverse party’s custody or control
custody or control - Adverse party has reasonable notice to produce it
- s/he fails to produce such
R130.S7 Summaries Par 1. When:
- contents of documents, records, photos, numerous accounts are
voluminous and
- cannot be examined in court without great loss of time, and
- fact sought to be established is only general result of whole
How: contents of such evid may be presented in form of chart, summary,
calculation
Par 2.
- OGs shall be available for examination or copying, or both, by
adverse party at reasonable time and place
- Ct may order that they be produced in ct
R130.S8 [evidence admissible When public record:
when] OG is a public - OG of docu is in custody of public officer
record - Recorded in public office
Contents may be proved by:
- certified copy
- issued by public officer in custody thereof
R130.S9 Party who calls for Party who:
document not bound to - calls for production of document and inspects it
offer it - is not obliged to offer it as evidence
3. Parol evidence rule
R130.S10 Written agreements Par 1. When agreement terms are reduced to writing:
` GR - considered containing all terms agreed upon; AND
- no evidence of such terms others than contents of written
agreement
EXP (modifying Par 2. Any party may present evid to modify, explain, add to terms
agreement) - by putting in issue in a verified pleading:
(a) intrinsic ambiguity, mistake, or imperfection
(b) failure of written agreement to express true intent and
agreement of parties
(c) validity of WA
(d) existence of other terms agreed upon, after exec of WA
a. by parties or
b. successors in interest
Wills = agreement Par 3. Term agreement includes wills
4. Interpretation of documents
R130.S11 Legal meaning GR: Language of writing is to be int accd to legal meaning it bears in place
of execution
EXP: UNLESS parties intended otherwise
R130.S12 Give effect to all If possible, construction be adopted as will give effect to all
provisions - In construction of an instrument
- And several provisions or particulars
R130.S13 Intention Intention of parties is to be pursued;
General vs particular When a general and a particular provision are inconsistent
provis Particular > general
R130.S14 Circumstances For the proper construction of an instrument, ______ may be shown:
- circumstances under which it was made…
 - including situation of subject and of parties thereof
purpose: So that judge may be placed in the position of those whose
language s/he is to interpret.
R130.S15 Peculiar signification of Terms are presumed to have been used in their primary and general
terms acceptation
- but evidence is admissible to show that they have local, technical,
or otherwise peculiar signification
- and were used and understood in the particular instance, in which
case the agreement must be construed accordingly
R130.S16 Written words > printed Written controls printed
- When instrument in partly written and partly printed
- 2 are inconsistent
R130.S17 Experts and interpreters Evidence of persons skilled in deciphering characters, or who understand
to be used in explaining the language is admissible to declare the characters/ meaning of the
certain writings language
- When chars in which an instrument is written are difficult to be
deciphered, or
- Language is not understood by ct
R130.S18 Two constructions When: terms of an agreement have been intended in diff sense by diff
parties
- That sense is to prevail against either party in w/c s/he supposed
the other understood it
When: different constructions of provi are equally proper
- That is to be taken which is the most favorable to the party in
whose favor the provi was made
R130.S19 Natural right When: an instrument is equally susceptible of 2 interpretations, one favor
of natural and other against
- Favor natural right
R130.S20 Usage An instrument may be construed according to usage, in order to determine
its true character
C. TESTIMONIAL EVIDENCE
1. qualification of witnesses
R130.S21 Witness qualifications Who may be witnesses:
- All persons who can perceive
- and perceiving, can make known their perception to others

Non-grounds for disqualification

- religious/ pol belief
- interest in outcome of case
- conviction of crime
- *unless otherwise provided by law

DEELETED grounds for disqual (old S21):

- Mental incapacity
- immaturity
R130.S22 Personal knowledge A witness can testify:
- only facts w/c s/he knows
- of personal knowledge
- which is derived from his/her own perception
R130.S23 Marriage disqualification GR:
- During marriage
- husband OR wife cannot testify against other
- without consent of affected spouse
 EXP:
- in a civil case by one against other
- in a criminal case – crime committed by one against other or
other’s direct desc/asc
R130.S24 Privileged The ff cannot testify as to matters learned in confidence:
communications (a) husband or wife
(b) attorney or person reasonably
believed by client to be licensed to
engage in law practice
Atty’s secretary, stenographer,
clerk, other persons assisting atty
- During or after marriage
- without consent of other
Info:
- as to any comm received in
confid by one from other during
the marriage
EXP:
- civil case
- Crim case
- w/o consent of client
Info:
- as to any comm made by client to
atty
- Or his/her advice given thereon
in the course of, or w. view to,
professional employment
w/o consent of client OR employer
info:
- re any fact the K of which has
been acquired in such capacity
EXP:
- furtherance of crime or fraud:
services or advice of the lawyer are
to enable anyone to [plan to]
commit what client knew or
reasonably should have known to
be crime/ fraud
- Claimants thru same deceased
client: comm between parties who
claim thru same deceased client –
regardless of WON claims are by
testate or intestate or by
intervivos
- Breach of duty by atty or client:
comm relevant to isse of breach of
duty by each other
- document attested by lawyer:
issue re attested document to w/c
lawyer is an attesting witness
- joint clients: comm re matter of
common interest between 2 or
more clients – if comm was made
by any of them to a lawyer

(c) physical, psychotherapist or
person reasonably believed by
patient to be authorized to
practice med or psycho
- - confidential comm made re
Includes persons, members of
family, who participated in the
diagnosis or treatment
(d) minister, priest or person
reasonably believed to be
(e) public officer
2. Testimonial privilege
R130.S25 Parental and filial privilege No person shall be compelled to testify against:
retained or consulted in common,
when offered in an action bet any
of clients, UNLESS they have
expressly agreed otherwise
- In a civil case
- w/o consent of patient
Info:
diagnosis or treatment of patient’s
physical, mental, emotional
condition
- inc. alcohol or durg addiction
- between patient and
phys/psycho
Par 2. NOTE.
Psychotherapist define:
(a) person licensed to practice
medicine in
diag/treatment of menral
or emotional condition
(b) licensed as psychologist by
gov while similarly
engaged as ^
- w/o consent of affected person
- any comm or confession
made to or
- any advice given by him or
her, in his or her
professional character
- in the course of discipline
enjoined by the church to which
the minister or priest belongs
- during his or her tenure
Info:
- communications made to him or
her in official confidence,
- when court finds public interest
would suffer by disclosure
Par 2.
- Comm shall remain privileged,
even in hands of 3rd person who
may have obtained info
- provided that original parties to
the comm took reasonable
precaution to protect
confidentiality
 - his or her parents
- other direct asc
- children or other direct desc
EXP:
- such testimony is indispensable in a crime against that person or
by one parents against each other
R130.S26 Privilege relating to trade A person cannot be compelled to testify about any trade secret
secrets EXP:
- non-disclosure will conceal fraud or otherwise work injustice

When disclosure is directed:

- court to take protective measure as interest of the owner of trade
secret and of parties and furtherance of justice may require
3. Admissions and confessions
R130.S27 Admission Act, declaration, omission of a party re relevant fact may be given in
evidence against him/her
R130.S28 Offer of compromise not Par 1. Civil cases
admissible - in civil cases, offer of compromise
o =/= admission of any liability
o not admissible in evidence against the offeror
- neither is evidence of conduct nor statement made in compromise
negotiations admissible
o EXP: evidence otherwise discoverable or offered for
another purpose; Such as:
 proving bias or prejudice of witness
 negativing contention of undue delay
 proving effort to obstruct criminal investigation or
prosecution
Par 2. Criminal cases
- crim cases
o expt those re quasi-offenses (criminal negligence) or those
allowed by law to be compromised
- offer of compromise by accused may be received in evidence as
implied admission of guilt
Par 3. Not admissible evidence against accused:
- Plea of guilty later withdrawn or
- unaccepted offer of plea of guilty to lesser offense
- any statement made in course of plea bargaining w/ prosecution
o w/c does NOT result in plea of guilty or
o w/c results in plea of guilty later withdrawn
Par 4. Not admissible in evidence as proof of civil or crim liability for injury
- offer to pay
- payment of medical, hospital, other expenses occasioned by inj
R130.S29 Admission by 3rd party Rights of a party cannot be prejudiced by act, declaration or omission of
another
R130.S30 Admission by co-partner MAY be given in evid against party:
or agent *MUST prove partnership and agency by evidence other than such act/dec
- act or declaration of a partner or agent
o authorized by party to make statement re subject
o or w/in scope of his/her authority
o during existence of part. Or agency
- act or declaration of joint owner, joint debtor, other person jointly
 interested w/ party
R130.S31 Admission by conspirator MAY be given in evidence against co-conspirator:
*MUST prove conspiracy by evid other than such act or dec
- act/dec of conspirator
o in furtherance of conspiracy AND
o during existence
R130.S32 Admission by privies - if one derives title to property from another
- latter’s act, declaration, or omission re property
- done while latter is holding the title
- is evid against former
R130.S33 Admission by silence MAY be given in evidence
- act or declaration:
o made in presence and
o within the hearing or observation of a party
o who does/ says nothing
o when act/dec naturally calls for action or comment if not
true
o and when proper and possible for him/her to do so
R130.S34 Confession Declaration of an accused:
- acknowledging his or her guilt of offense charged
- or of any offense necessarily inc. therein
- may be given in evidence against him/her
4. Previous conduct as evidence
R130.S35 Similar acts as evidence Evidence that one did or did not do a certain thing at one time
- not admissible to prove that s/he did or did not do the same or
similar thing at another time;
- but it may be received to prove a specific intent or knowledge,
identify, plan, system, scheme, habit, custom, or usage, and the
like
R130.S36 Unaccepted offer An offer in writing to pay a particular sum of money or to deliver a written
instrument or specific personal property is, if rejected without valid cause,
equivalent to the actual production and tender of money, instrument, or
property
5. Hearsay
R130.S37 Hearsay Hearsay – is a statement other than one made by declarant while testifying
at trial or hearing, offered to prove truth of facts asserted therein

Statement – not hearsay:

- if declarant testifies at the trial or hearing, and is subject to cross-
examination concerning the statement, and:
o (a) inconsistent w/ declarant’s testimony, and was given
under oath subj to penalty of perjury at trial, hearing, or
proceeding, or in a deposition, OR
o (b) consistent w/ declarant’s testimony and is offered to
rebut an express or implied charge against declarant of
recent fabrication or improper influence or motive, OR
o (c) one of identification of a person made after perceiving
him or her
R130.S38 Dying declaration Dying declaration – Declaration of dying person, made under
consciousness of impending death
- may be received when his or her death is subject of inquiry
- as evidence of cause and surrounding circ of death
R130.S39