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Rules on Evidence - Rules of Court (1989)
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Case
Agency Issuance Number
Published Date
Rules on Evidence - Rules of Court (1989)
Rules 128-134
March 14, 1989
Case Overview and Summary
REVISED RULES OF EVIDENCESummary:
• Evidence is defined as the means to ascertain the truth in judicial proceedings. (Sec. 1, Rule 128)
• The rules apply to all courts and trials, except as provided by law. (Sec. 2, Rule 128)
• Evidence is admissible if relevant and not excluded by law. (Sec. 3, Rule 128)
• Evidence must relate to the fact in issue to induce belief in its existence or non-existence. (Sec. 4, Rule 128)
Judicial Notice (Rule 129):
• Courts must take judicial notice of certain facts without evidence, such as:
- Existence and extent of states, their history, laws, and symbols (Sec. 1)
- Matters of public knowledge or capable of unquestionable demonstration (Sec. 2)
• Courts may take judicial notice of any matter and allow parties to be heard if it is decisive. (Sec. 3)
• Judicial admissions made by a party during proceedings do not require proof. (Sec. 4)
Rules of Admissibility (Rule 130):
• Objects as evidence are those addressed to the senses of the court. (Sec. 1)
• Documentary evidence consists of writings or materials containing written expressions. (Sec. 2)
Best Evidence Rule (Secs. 3-8):
• The original document must be produced, except in certain cases like loss, possession by adverse party, or public records. (Sec. 3)
• Secondary evidence like copies or testimony may be allowed if the original is unavailable. (Secs. 5-7)
• A party who calls for a document is not bound to offer it as evidence. (Sec. 8)
Parol Evidence Rule (Sec. 9):
• When an agreement is in writing, no other evidence of its terms is allowed, except to:
- Explain ambiguity, mistake, or imperfection in the writing
- Show the true intent of the parties
- Prove the validity of the writing
- Prove additional terms agreed upon after execution
Interpretation of Documents (Secs. 10-19):
• Documents should be interpreted according to their legal meaning, intention of parties, circumstances, and usage.
• Specific rules are provided for interpreting written words, technical terms, printed forms, and ambiguous provisions.
Testimonial Evidence (Rule 130):
Qualification of Witnesses (Secs. 20-25):
• Generally, all persons who can perceive and make known their perception may be witnesses. (Sec. 20)
• Exceptions include those with mental incapacity, immaturity, or privileged communications. (Secs. 21-24)
• Parental and filial privilege allows not testifying against certain relatives. (Sec. 25)
Admissions and Confessions (Secs. 26-33):
• Acts, declarations, or omissions of a party relevant to the fact may be given as evidence against them. (Sec. 26)
• Offers of compromise are not admissible in civil cases, but may be in criminal cases. (Sec. 27)
• Admissions by co-partners, agents, conspirators, or privies may be given as evidence. (Secs. 29-31)
• Silence in response to an act or declaration may be considered an admission. (Sec. 32)
• Confessions by the accused acknowledging guilt may be given as evidence. (Sec. 33)
Previous Conduct as Evidence (Secs. 34-35):
• Similar acts may be evidence to prove intent, identity, plan, habit, or custom. (Sec. 34)
• An unaccepted offer in writing may be equivalent to the actual tender. (Sec. 35)
Hearsay Rule and Exceptions (Secs. 36-47):
• A witness can testify only to facts within their personal knowledge; hearsay is excluded. (Sec. 36)
• Exceptions to the hearsay rule include dying declarations, declarations against interest, pedigree, res gestae, entries in the course of business, official records, commercial lists, learned treatises, and former testimony. (Secs. 37-47)
Opinion Rule (Secs. 48-50):
• Generally, opinion evidence is not admissible, except for expert witnesses and ordinary witnesses on certain matters like identity, handwriting, mental sanity, and impressions. (Secs. 48-50)
Character Evidence (Sec. 51):
• In criminal cases, the accused may prove good moral character, and the prosecution may rebut it. The victim's character may be proved if relevant. (Sec. 51a)
• In civil cases, character evidence is admissible only if pertinent to the issue. (Sec. 51b)
Burden of Proof and Presumptions (Rule 131):
• The burden of proof is the duty to present evidence necessary to establish a claim or defense. (Sec. 1)
• Conclusive presumptions, like estoppel and landlord-tenant relationship, are provided. (Sec. 2)
• Disputable presumptions, like innocence, ordinary care, and regularity of transactions, are satisfactory if uncontradicted. (Sec. 3)
• There is no presumption of legitimacy or illegitimacy of a child born after 300 days of marriage dissolution. (Sec. 4)
Presentation of Evidence (Rule 132):
Examination of Witnesses (Secs. 1-18):
• Witness examination must be done in open court and under oath, with proceedings recorded. (Secs. 1-2)
• Witnesses have rights, like protection from improper questions and not being detained longer than necessary. (Sec. 3)
• The order of examination is direct, cross, re-direct, and re-cross. (Secs. 4-8)
• Rules on leading questions, impeachment of witnesses, and refreshing memory are provided. (Secs. 10-16)
• Witnesses may be excluded or separated during examination. (Sec. 15)
Authentication and Proof of Documents (Secs. 19-33):
• Documents are classified as public or private for purposes of authentication. (Sec. 19)
• Private documents must be authenticated by proof of execution or handwriting. (Secs. 20-22)
• Public documents are evidence of the facts stated and their execution. (Sec. 23)
• Rules on proving official records, lack of records, and notarial documents are provided. (Secs. 24-30)
• Alterations in documents must be explained by the party producing them. (Sec. 31)
• Documents in unofficial languages must be accompanied by a translation. (Sec. 33)
Offer and Objection (Secs. 34-40):
• Evidence must be formally offered, specifying the purpose. (Sec. 34)
• Objections must be made immediately after the offer, specifying the grounds. (Sec. 36)
• The court must rule on objections during the trial, providing an opportunity to meet the situation. (Sec. 38)
• Excluded evidence may be attached to the record or stated for the record. (Sec. 40)
Weight and Sufficiency of Evidence (Rule 133):
• In civil cases, the preponderance of evidence determines the superior weight. (Sec. 1)
• In criminal cases, guilt must be proven beyond reasonable doubt. (Sec. 2)
• An extrajudicial confession is not sufficient for conviction unless corroborated. (Sec. 3)
• Circumstantial evidence is sufficient if there are multiple circumstances, proven facts, and the combination produces conviction beyond reasonable doubt. (Sec. 4)
• In administrative cases, substantial evidence is the amount a reasonable mind might accept as adequate. (Sec. 5)
• The court may stop further evidence on a point when it is already full. (Sec. 6)
• Evidence on motions may be heard through affidavits, depositions, or oral testimony. (Sec. 7)
Perpetuation of Testimony (Rule 134):
• A person may file a petition to perpetuate testimony before bringing an action. (Sec. 1)
• The petition must show the expected action, subject matter, reasons, and names of adverse parties and witnesses. (Sec. 2)
• Notice must be served on expected adverse parties before the hearing. (Sec. 3)
• The court may order the depositions to be taken if it prevents failure or delay of justice. (Sec. 4)
• The depositions may be used in any subsequent action involving the same subject matter. (Sec. 6)
• Depositions pending appeal may also be allowed by the court. (Sec. 7)
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Rules
evidence
judicial proceedings
rules of evidence
burden of proof
presumptions
witness examination
documentary evidence
testimonial evidence
hearsay rule
opinion evidence
character evidence
authentication
offer of evidence
objections
weight of evidence
sufficiency of evidence
perpetuation of testimony
Law
Rules on Evidence - Rules of Court (1989)
Rules 128-134
•March 14, 1989
REVISED RULES OF EVIDENCE
RULES 128 TO 134, RULES OF COURT
AS AMENDED PER RESOLUTION
ADOPTED ON MARCH 14, 1989
PART IV
RULES OF EVIDENCE
RULE 128
General Provisions
SECTION 1 . Evidence defined. — Evidence is the means, sanctioned by these rules, of ascertaining in a judicial proceeding the truth respecting a matter of fact. (1)
Sec. 2 . Scope. — The rules of evidence shall be the same in all courts and in all trials and hearings, except as otherwise provided by law or these rules. (2a)
Sec. 3 . Admissibility of evidence. — Evidence is admissible when it is relevant to the issue and is not excluded by the law of these rules. (3a)
Sec. 4 . Relevancy; collateral matters. — Evidence must have such a relation to the fact in issue as to induce belief in its existence or non-existence. Evidence on collateral matters shall not be allowed, except when it tends in any reasonable degree to establish the probability or improbability of the fact in issue. (4a)
RULE 129
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Amends
n/a
Amended by
n/a
Tags
Rules
evidence
judicial proceedings
rules of evidence
burden of proof
presumptions
witness examination
documentary evidence
testimonial evidence
hearsay rule
opinion evidence
character evidence
authentication
offer of evidence
objections
weight of evidence
sufficiency of evidence
perpetuation of testimony
REVISED RULES OF EVIDENCE
RULES 128 TO 134, RULES OF COURT
AS AMENDED PER RESOLUTION
ADOPTED ON MARCH 14, 1989
PART IV
RULES OF EVIDENCE
RULE 128
General Provisions
SECTION 1 . Evidence defined. — Evidence is the means, sanctioned by these rules, of ascertaining in a judicial proceeding the truth respecting a matter of fact. (1)
Sec. 2 . Scope. — The rules of evidence shall be the same in all courts and in all trials and hearings, except as otherwise provided by law or these rules. (2a)
Sec. 3 . Admissibility of evidence. — Evidence is admissible when it is relevant to the issue and is not excluded by the law of these rules. (3a)
Sec. 4 . Relevancy; collateral matters. — Evidence must have such a relation to the fact in issue as to induce belief in its existence or non-existence. Evidence on collateral matters shall not be allowed, except when it tends in any reasonable degree to establish the probability or improbability of the fact in issue. (4a)
RULE 129
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