DECONSTRUCTED CODAL PROVISIONS ON EVIDENCE - the admiralty and maritime courts of the world and their seals,

By Katrina Angela D. Loyola - the political constitution and history of the Philippines,
- official acts of the legislative, executive and judicial departments
of the National Government of the Philippines,
RULE 128 General Provisions
- the laws of nature,
- the measure of time,
SECTION 1. Evidence Defined. — Evidence is the means,
- and the geographical divisions. (1a)
- sanctioned by these rules,
- of ascertaining in a judicial proceeding
SECTION 2 . Judicial Notice, When Discretionary. — A court may take
- the truth respecting a matter of fact. (1)
judicial notice
- of matters which are of public knowledge,
SECTION 2. Scope. — The rules of evidence shall be the same
- or are capable of unquestionable demonstration,
- in all courts
- or ought to be known to judges because of their judicial functions.
- and in all trials and hearings,
- except as otherwise provided by law or these rules. (2)
SECTION 3. Judicial Notice, When Hearing Necessary. — During the PRE-
TRIAL and THE TRIAL,
SECTION 3. Admissibility of Evidence. — Evidence is admissible
- the court, motu proprio or upon motion,
- when it is relevant to the issue
- shall hear the parties
- and not excluded by the Constitution, the law or these Rules. (3a)
- on the propriety of taking judicial notice of any matter.

SECTION 4. Relevancy; Collateral Matters. — Evidence must have

BEFORE JUDGMENT or ON APPEAL,
- such a relation to the fact in issue
- the court, motu proprio or upon motion,
- as to induce belief in its existence or non-existence.
- may take judicial notice of any matter
- and shall hear the parties thereon
Evidence on COLLATERAL MATTERS
- if such matter is decisive of a material issue in the case. (3a)
- shall not be allowed,
- except when it tends in any reasonable degree
SECTION 4. Judicial Admissions. — An admission,
- to establish the probability or improbability of the fact in issue. (4)
- oral or written,
- made by the party in the course of the proceedings
RULE 129 W hat Need Not be Proved
- IN THE SAME CASE, does not require proof.

SECTION 1. Judicial Notice, When Mandatory. — A court shall take

The admission may be contradicted only by showing
judicial notice,
- that it was made through palpable mistake
- without the introduction of evidence,
- or that the imputed admission was not, in fact, made. (4a)
- of the existence and territorial extent of states,
- their political history,
RULE 130 Rules of Admissibility
- forms of government and symbols of nationality,
- the law of nations,
A. OBJECT (REAL) EVIDENCE

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 d. When the original is a public record in the custody of a public
SECTION 1. Object as Evidence. — Objects as evidence are those officer or is recorded in a public office; and
- addressed to the senses of the court. e. When the original is not closely-related to a controlling issue.

When an object is relevant to the fact in issue, SECTION 4 . Original of Document. —

- it may be exhibited to, examined or viewed by the court. (1) (a) An "original" of a document is the document itself or any
counterpart intended to have the same effect by a person
B. DOCUMENTARY EVIDENCE executing or issuing it. An "original" of a photograph includes the
negative or any print therefrom. If data is stored in a computer or
SECTION 2. Documentary Evidence. — Documents as evidence consist of similar device, any printout or other output readable by sight or
- writings, recordings, photographs or other means, shown to reflect the data accurately, is an "original."
- any material containing letters, words, sounds, numbers, figures, (b) A "duplicate" is a counterpart produced by the same impression
symbols, or their equivalent, as the original, or from the same matrix, or by means of
- or other modes of written expression photography, including enlargements and miniatures, or by
- offered as proof of their contents. mechanical or electronic re-recording, or by chemical
reproduction, or by other equivalent techniques which accurately
Photographs include reproduce the original.
- still pictures, drawings, stored images, x-ray films, motion pictures (c) A duplicate is admissible to the same extent as an original unless
or videos. (2a) 1) a genuine question is raised as to the authenticity of the
original, or
1. Original Document Rule (Best Evidence Rule) 2) in the circumstances, it is unjust or inequitable to admit the
duplicate in lieu of the original. (4a)
SECTION 3. Original Document Must be Produced; Exceptions. — When
the subject of inquiry is 2. Secondary Evidence
- the CONTENTS of a document, writing, recording, photograph or
other record, SECTION 5. When Original Document is Unavailable. — When the
- no evidence is admissible other than the original document itself, original document has been lost or destroyed, or cannot be produced in
- except in the following cases: court,
a. When the original is lost or destroyed, or cannot be produced - the offeror,
in court, without bad faith on the part of the offeror; - upon proof of its execution or existence and
b. When the original is in the custody or under the control of the - the cause of its unavailability without bad faith on his or her part,
party against whom the evidence is offered, and the latter fails - may prove its contents by
to produce it after reasonable notice, or the original cannot be o a copy, or
obtained by local judicial processes or procedures; o by recital of its contents in some authentic document, or
c. When the original consists of numerous accounts or other o by the testimony of witnesses in the order stated. (5a)
documents which cannot be examined in court without great
loss of time and the fact sought to be established from them is SECTION 6. When Original Document is in Adverse Party's Custody or
only the general result of the whole; Control. — If the document is in the custody or under the control of the

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adverse party, SECTION 10. Evidence of Written Agreements. — When the terms of an
- he or she must have reasonable notice to produce it. agreement have been reduced to writing,
- it is considered as containing all the terms agreed upon and there
If after such notice and after satisfactory proof of its existence, can be,
- he or she fails to produce the document, - as between the parties and their successors in interest,
- secondary evidence may be presented - no evidence of such terms other than the contents of the written
- as in the case of its loss. (6a) agreement.

SECTION 7. Summaries. — When the contents of documents, records, However, a party may present evidence
photographs, or numerous accounts - to modify, explain or add to the terms of the written agreement
- are voluminous and - if he or she puts in issue in a verified pleading:
- cannot be examined in court without great loss of time, a. An intrinsic ambiguity, mistake or imperfection in the written
- and the fact sought to be established is only the general result of agreement;
the whole, b. The failure of the written agreement to express the true intent
- the contents of such evidence may be presented in the form of a and agreement of the parties thereto;
chart, summary, or calculation. c. The validity of the written agreement; or
d. The existence of other terms agreed to by the parties or their
The originals shall be available successors in interest after the execution of the written
- for examination or copying, or both, agreement.
- by the adverse party at a reasonable time and place.
The term "agreement" includes wills. (9a)
The court may order that they be produced in court. (n)
4. Interpretation of Documents
SECTION 8. Evidence Admissible When Original Document is a Public
Record. — When the original of a document SECTION 11. Interpretation of a Writing According to Its Legal Meaning.
- is in the custody of a public officer — The language of a writing is to be interpreted
- or is recorded in a public office, - according to the legal meaning it bears
- its contents may be proved by a certified copy - in the place of its execution,
- issued by the public officer in custody thereof. (7) - unless the parties intended otherwise. (10)

SECTION 9. Party Who Calls for Document Not Bound to Offer It. — A SECTION 12. Instrument Construed so as to Give Effect to All Provisions.
party — In the construction of an instrument,
- who calls for the production of a document and - where there are several provisions or particulars,
- inspects the same - such a construction is, if possible,
- is not obliged to offer it as evidence. (8) - to be adopted as will give effect to all. (11)

3. Parol Evidence Rule SECTION 13. Interpretation According to Intention; General and
Particular Provisions. — In the construction of an instrument,

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 - the intention of the parties is to be pursued; of an agreement have been intended in a different sense by the different
- and when a general and a particular provision are inconsistent, parties to it,
- the latter is paramount to the former. - that sense is to prevail against either party
- So a particular intent will control a general one that is inconsistent - in which he or she supposed the other understood it,
with it. (12) - and when different constructions of a provision are otherwise
equally proper,
SECTION 14. Interpretation According to Circumstances. — For the - that is to be taken which is the most favorable to the party
proper construction of an instrument, - in whose favor the provision was made. (17a)
- the circumstances under which it was made,
- including the situation of the subject thereof and of the parties to SECTION 19. Construction in Favor of Natural Right. — When an
it, may be shown, instrument is equally susceptible of two interpretations,
- so that the judge may be placed in the position of those whose - one in favor of natural right and the other against it,
language he or she is to interpret. (13a) - the former is to be adopted. (18)

SECTION 15. Peculiar Signification of Terms. — The terms of a writing are SECTION 20. Interpretation According to Usage. — An instrument
- presumed to have been used in their primary and general - may be construed according to usage,
acceptation, - in order to determine its true character. (19)
- but evidence is admissible to show that
- they have a local, technical, or otherwise peculiar signification, C. TESTIMONIAL EVIDENCE
- and were so used and understood in the particular instance, 1. Qualification of W itnesses
- in which case the agreement must be construed accordingly. (14)
SECTION 21. Witnesses; Their Qualifications. — All persons
SECTION 16. Written Words Control Printed. — When an instrument - who can perceive, and perceiving,
- consists partly of written words - can make known their perception to others,
- and partly of a printed form, - may be witnesses. (20a)
- and the two are inconsistent, - Religious or political belief,
- the former controls the latter. (15) - interest in the outcome of the case,
- or conviction of a crime,
SECTION 17. Experts and Interpreters to be Used in Explaining Certain - unless otherwise provided by law,
Writings. — When the characters in which an instrument is written are - shall not be a ground for disqualification. (20)
difficult to be deciphered,
- or the language is not understood by the court, [SECTION 21. Disqualification by Reason of Mental Incapacity or
- the evidence of persons skilled in deciphering the characters, Immaturity. — (Deleted)]
- or who understand the language,
- is admissible to declare the characters or the meaning of the SECTION 22. Testimony Confined to Personal Knowledge . — A witness
language. (16) can testify
- only to those facts
SECTION 18. Of Two Constructions, Which Preferred. — When the terms - which he or she knows of his or her personal knowledge;

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 - that is, which are derived from his or her own perception. (36a) vivos transaction;
(iii) Breach of duty by lawyer or client. As to a communication
SECTION 23. Disqualification by Reason of Marriage. — During their relevant to an issue of breach of duty by the lawyer to his
marriage, or her client, or by the client to his or her lawyer;
- the husband or the wife cannot testify against the other (iv) Document attested by the lawyer. As to a communication
- without the consent of the affected spouse, relevant to an issue concerning an attested document to
- except in a civil case by one against the other, which the lawyer is an attesting witness; or
- or in a criminal case for a crime committed by one against the (v) Joint clients. As to a communication relevant to a matter of
other common interest between two or more clients if the
- or the latter's direct descendants or ascendants. (22a) communication was made by any of them to a lawyer
retained or consulted in common, when offered in an
SECTION 24. Disqualification by Reason of Privileged Communications. action between any of the clients, unless they have
— The following persons CANNOT TESTIFY as to matters learned IN expressly agreed otherwise.
CONFIDENCE in the following cases: c. A physician, psychotherapist or person reasonably believed by the
a. The husband or the wife, during or after the marriage, cannot be patient to be authorized to practice medicine or psychotherapy
examined without the CONSENT of the other as to any cannot in a civil case, without the consent of the patient, be
communication received in confidence by one from the other examined as to any confidential communication made for the
during the marriage except in a civil case by one against the other, purpose of diagnosis or treatment of the patient's physical, mental
or in a criminal case for a crime committed by one against the or emotional condition, including alcohol or drug addiction,
other or the latter's direct descendants or ascendants. between the patient and his or her physician or psychotherapist.
b. An attorney or person reasonably believed by the client to be This privilege also applies to persons, including members of the
licensed to engage in the practice of law cannot, without the patient's family, who have participated in the diagnosis or
consent of the client, be examined as to any communication made treatment of the patient under the direction of the physician or
by the client to him or her, or his or her advice given thereon in the psychotherapist.
course of, or with a view to, professional employment, nor can an
attorney's secretary, stenographer, or clerk, or other persons A "psychotherapist" is:
assisting the attorney be examined without the consent of the (a) A person licensed to practice medicine
client and his or her employer, concerning any fact the knowledge engaged in the diagnosis or treatment of a
of which has been acquired in such capacity, except in the mental or emotional condition, or
following cases: (b) A person licensed as a psychologist by the
(i) Furtherance of crime or fraud. If the services or advice of government while similarly engaged.
the lawyer were sought or obtained to enable or aid d. A minister, priest or person reasonably believed to be so cannot,
anyone to commit or plan to commit what the client knew without the consent of the affected person, be examined as to any
or reasonably should have known to be a crime or fraud; communication or confession made to or any advice given by him
(ii) Claimants through same deceased client. As to a or her, in his or her professional character, in the course of
communication relevant to an issue between parties who discipline enjoined by the church to which the minister or priest
claim through the same deceased client, regardless of belongs.
whether the claims are by testate or intestate or by inter e. A public officer cannot be examined during or after his or her

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 tenure as to communications made to him or her in official - and is not admissible in evidence against the offeror.
confidence, when the court finds that the public interest would
suffer by the disclosure. Neither is EVIDENCE OF CONDUCT nor statements made in
COMPROMISE NEGOTIATIONS admissible,
The communication shall remain privileged, even in the hands of a third - EXCEPT evidence otherwise discoverable or offered for another
person who may have obtained the information, provided that the original purpose,
parties to the communication took reasonable precaution to protect its - such as proving bias or prejudice of a witness,
confidentiality. (24a) - negativing a contention of undue delay,
- or proving an effort to obstruct a criminal investigation or
2. Testimonial Privilege prosecution.

SECTION 25. Parental and Filial Privilege. — No person shall be In CRIMINAL CASES, except those involving quasi-offenses (criminal
compelled to testify negligence) or those allowed by law to be compromised,
- against his or her parents, other direct ascendants, - an offer of compromise by the accused
- children or other direct descendants, - may be received in evidence as an implied admission of guilt.
- except when such testimony is indispensable in a crime A PLEA OF GUILTY later withdrawn
- against that person or by one parent against the other. (25a) - or an unaccepted offer of a plea of guilty to a lesser offense
- is not admissible in evidence against the accused who made the
SECTION 26 . Privilege Relating to Trade Secrets. — A person cannot be plea or offer.
compelled to testify - Neither is any statement made in the course of PLEA BARGAINING
- about any trade secret, with the prosecution,
- unless the non-disclosure will conceal fraud - which does not result in a plea of guilty or which results in a plea
- or otherwise work injustice. of guilty later withdrawn,
- admissible.
When disclosure is directed,
- the court shall take such protective measure An offer to pay, or the payment of medical, hospital or other expenses
- as the interest of the owner of the trade secret and of the parties occasioned by an injury,
- and the furtherance of justice may require. (n) - is not admissible in evidence as proof of civil or criminal liability
for the injury. (27a)
3. Admissions and Confessions
SECTION 29. Admission by Third Party. — The rights of a party cannot be
SECTION 27. Admission of a Party. — The act, declaration or omission of prejudiced
- a party as to a relevant fact may be given in evidence against him - by an act, declaration, or omission of another,
or her. (26a) - except as hereinafter provided. (28)

SECTION 28. Offer of Compromise Not Admissible. — In civil cases, an SECTION 30. Admission by Co-Partner or Agent. — The act or
OFFER OF COMPROMISE declaration of a partner or agent
- is not an admission of any liability, – authorized by the party to make a statement concerning the

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 subject, not do a certain thing at one time is NOT ADMISSIBLE
– or within the scope of his or her authority, - to prove that he or she did or did not do the same or similar thing
– and during the existence of the partnership or agency, at another time;
– may be given in evidence against such party - but it may be received to prove a specific intent or knowledge,
– after the partnership or agency is shown by evidence other than identity, plan, system, scheme, habit, custom or usage, and the
such act or declaration. like. (34a)
– The same rule applies to the act or declaration of a joint owner,
joint debtor, or other person jointly interested with the party. (29a) SECTION 36. Unaccepted Offer. — An offer in writing to pay a particular
sum of money
SECTION 31. Admission by Conspirator. — The act or declaration of a - or to deliver a written instrument or specific personal property is,
conspirator - if rejected without valid cause,
- in furtherance of the conspiracy and during its existence - equivalent to the actual production and tender of the money,
- may be given in evidence against the co-conspirator instrument, or property. (35)
- after the conspiracy is shown by evidence other than such act of
declaration. (30a) [SECTION 36. Testimony Generally Confined to Personal Knowledge;
Hearsay Excluded. — (Transposed to Sec. 22. Testimony confined to
SECTION 32. Admission by Privies. — Where one derives title to property personal knowledge.)]
from another, 5. Hearsay
- the latter's act, declaration, or omission, in relation to the property,
- is evidence against the former SECTION 37. Hearsay. — Hearsay is
- if done while the latter was holding the title. (31a) - a statement other than one made by the declarant while testifying
at a trial or hearing,
SECTION 33. Admission by Silence. — An act or declaration - offered to prove the truth of the facts asserted therein.
- made in the presence and
- within the hearing or observation of a party A statement is
- who does or says nothing when the act or declaration is such as - (1) an oral or written assertion or
naturally to call for action or comment if not true, - (2) a non-verbal conduct of a person,
- and when proper and possible for him or her to do so, - if it is intended by him or her as an assertion.
- may be given in evidence against him or her. (32a)
Hearsay evidence is inadmissible except as otherwise provided in these
SECTION 34. Confession. — The declaration of an accused Rule.
acknowledging his or her guilt of the offense charged,
- or of any offense necessarily included therein, A statement is NOT HEARSAY
- may be given in evidence against him or her. (33a) - if the declarant testifies at the trial or hearing
- and is subject to cross-examination concerning the statement, and
4. Previous Conduct as Evidence the statement is

SECTION 35. Similar Acts as Evidence. — Evidence that one did or did - (a) inconsistent with the declarant's testimony,

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 - and was given under oath subject to the penalty of perjury SECTION 40. Declaration against Interest. — The declaration made by a
- at a trial hearing, or other proceeding, or in a deposition; person deceased or unable to testify against the interest of the declarant,
- if the fact asserted in the declaration was at the time it was made
- (b) consistent with the declarant's testimony and - so far contrary to the declarant's own interest
- is offered to rebut an express or implied charge - that a reasonable person in his or her position would not have
- against the declarant of recent fabrication or improper influence made the declaration
or motive; or - unless he or she believed it to be true,
- may be received in evidence against himself or herself or his or
- (c) one of identification of a person made after perceiving him or her successors in interest and against third persons.
her. (n) - A statement tending to expose the declarant to criminal liability
- and offered to exculpate the accused
6. Exceptions to the Hearsay Rule - is not admissible unless corroborating circumstances clearly
indicate the trustworthiness of the statement. (38a)
SECTION 38. Dying Declaration. — The declaration of a dying person,
- made under the consciousness of an impending death, SECTION 41. Act or Declaration About Pedigree. — The act or
- may be received in any case wherein his or her death is the subject declaration of a person deceased or unable to testify,
of inquiry, - in respect to the pedigree of another person related to him or her
- as evidence of the cause and surrounding circumstances of such by birth, adoption, or marriage or,
death. (37a) - in the absence thereof, with whose family he or she was so
intimately associated as to be likely to have accurate information
SECTION 39. Statement of Decedent or Person of Unsound Mind. — In an concerning his or her pedigree,
action against an executor or administrator or other representative of a - may be received in evidence where it occurred before the
deceased person, or against a person of unsound mind, controversy,
- upon a claim or demand against the estate of such deceased - and the relationship between the two persons is shown by
person or against such person of unsound mind, evidence other than such act or declaration.
- where a party or assignor of a party or a person in whose behalf a
case is prosecuted The word "pedigree" includes
- testifies on a matter of fact occurring before the death of the - relationship, family genealogy, birth, marriage, death,
deceased person or before the person became of unsound mind, - the dates when and the places where these facts occurred, and the
- any statement of the deceased or the person of unsound mind, names of the relatives.
may be received in evidence - It embraces also facts of family history intimately connected with
- if the statement was made upon the personal knowledge of the pedigree. (39a)
deceased or the person of unsound mind
- at a time when the matter had been recently perceived by him or SECTION 42. Family Reputation or Tradition Regarding Pedigree. — The
her and while his or her recollection was clear. reputation or tradition existing in a family previous to the controversy, in
- Such statement, however, is INADMISSIBLE if made under respect to the pedigree of any one of its members, may be received in
circumstances indicating its lack of trustworthiness. (23a) evidence
- if the witness testifying thereon be also a member of the family,

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 - either by consanguinity, affinity, or adoption. qualified witnesses,
- Entries in family bibles or other family books or charts, engraving - is excepted from the rule on hearsay evidence. (43a)
on rings, family portraits and the like,
- may be received as evidence of pedigree. (40a) SECTION 46. Entries in Official Records. — Entries in official records
- made in the performance of his or her duty
SECTION 43. Common Reputation. — Common reputation - by a public officer of the Philippines, or
- existing previous to the controversy, by a person in the performance of a duty specially enjoined by
- as to boundaries of or customs affecting lands in the community law,
and - are prima facie evidence of the facts therein stated. (44a)
- reputation as to events of general history important to the
community, SECTION 47. Commercial Lists and the Like. — Evidence of statements of
- or respecting marriage or moral character, matters of interest to persons engaged in an occupation
- may be given in evidence. - contained in a list, register, periodical, or other published
- Monuments and inscriptions in public places compilation
- may be received as evidence of common reputation. (41a) - is admissible as tending to prove the truth of any relevant matter
so stated
SECTION 44. Part of the Res Gestae. — Statements made by a person - if that compilation is published for use by persons engaged in that
- while a startling occurrence is taking place occupation and is generally used and relied upon by them therein.
- or immediately prior or subsequent thereto, (45)
- under the stress of excitement caused by the occurrence with
respect to the circumstances thereof, SECTION 48. Learned Treatises. — A published treatise, periodical or
- may be given in evidence as part of the res gestae. pamphlet on a subject of history, law, science, or art
- is admissible as tending to prove the truth of a matter stated
So, also, statements accompanying an equivocal act material to the issue, therein
- and giving it a legal significance, - if the court takes judicial notice,
- may be received as part of the res gestae. (42a) - or a witness expert in the subject testifies,
- that the writer of the statement in the treatise, periodical or
SECTION 45. Records of Regularly Conducted Business Activity. — A pamphlet is recognized in his or her profession or calling as expert
memorandum, report, record or data compilation in the subject. (46a)
- of acts, events, conditions, opinions, or diagnoses,
- made by writing, typing, electronic, optical or other similar means SECTION 49. Testimony or Deposition at a Former Proceeding. — The
- at or near the time of or from transmission or supply of information testimony or deposition of a witness
- by a person with knowledge thereof, - deceased or
- and kept in the regular course or conduct of a business activity, - out of the Philippines or
- and such was the regular practice to make the memorandum, - who cannot, with due diligence, be found therein,
report, record, or data compilation by electronic, optical or similar - or is unavailable or otherwise unable to testify,
means, - given in a former case or proceeding, judicial or administrative,
- all of which are shown by the testimony of the custodian or other - involving the same parties and subject matter,

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 - may be given in evidence against the adverse party who had the knowledge;
opportunity to cross-examine him or her. (47a) b. A handwriting with which he or she has sufficient familiarity; and
c. The mental sanity of a person with whom he or she is sufficiently
SECTION 50. Residual Exception. — A statement not specifically covered acquainted.
by any of the foregoing exceptions,
- having equivalent circumstantial guarantees of trustworthiness, The witness may also testify on his or her impressions of the emotion,
- is admissible if the court determines that behavior, condition or appearance of a person. (50a)
- (a) the statement is offered as evidence of a material fact;
- (b) the statement is more probative on the point for which it is 8. Character Evidence
offered than any other evidence which the proponent can procure
through reasonable efforts; and SECTION 54. Character Evidence Not Generally Admissible; Exceptions.
- (c) the general purposes of these rules and the interests of justice — Evidence of a person's character or a trait of character is not admissible
will be best served by admission of the statement into evidence. for the purpose of proving action in conformity therewith on a particular
occasion, except:
However, a statement may not be admitted under this exception a. In Criminal Cases:
- unless the proponent makes known to the adverse party, 1. The character of the offended party may be proved if it
- sufficiently in advance of the hearing, tends to establish in any reasonable degree the
- or by the pre-trial stage in the case of a trial of the main case, probability or improbability of the offense charged.
- to provide the adverse party with a fair opportunity to prepare to 2. The accused may prove his or her good moral character,
meet it, pertinent to the moral trait involved in the offense
- the proponent's intention to offer the statement and the charged. However, the prosecution may not prove his or
particulars of it, including the name and address of the declarant. her bad moral character unless on rebuttal.
(n) b. In Civil Cases:
7. Opinion Rule Evidence of the moral character of a party in a civil case is
admissible only when pertinent to the issue of character involved
SECTION 51. General Rule. — The opinion of a witness is NOT in the case.
ADMISSIBLE, except as indicated in the following sections. (48) c. In Criminal and Civil Cases:
Evidence of the good character of a witness is not admissible until
SECTION 52. Opinion of Expert Witness. — The opinion of a witness on a such character has been impeached.
matter requiring
- special knowledge, skill, experience, training or education, In all cases in which evidence of character or a trait of character of a
- which he or she is shown to possess, may be received in evidence. person is admissible, proof may be made by testimony as to reputation or
(49a) by testimony in the form of an opinion. On cross-examination, inquiry is
allowable into relevant specific instances of conduct.
SECTION 53. Opinion of Ordinary Witnesses. — The opinion of a witness, In cases in which character or a trait of character of a person is an essential
for which proper basis is given, may be received in evidence regarding — element of a charge, claim or defense, proof may also be made of specific
instances of that person's conduct. (51a; 14, Rule 132)
a. The identity of a person about whom he or she has adequate

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RULE 131 Burden of Proof, Burden of Evidence and Presumptions g) That a thing delivered by one to another belonged to the latter;
h) That an obligation delivered up to the debtor has been paid;
SECTION 1. Burden of Proof and Burden of Evidence. — BURDEN OF i) That prior rents or installments had been paid when a receipt for
PROOF the later one is produced;
- is the duty of a party to present evidence on the facts in issue j) That a person found in possession of a thing taken in the doing of
- necessary to establish his or her claim or defense a recent wrongful act is the taker and the doer of the whole act;
- by the amount of evidence required by law. otherwise, that things which a person possesses, or exercises acts
- Burden of proof never shifts. of ownership over, are owned by him or her;
k) That a person in possession of an order on himself or herself for
BURDEN OF EVIDENCE the payment of the money, or the delivery of anything, has paid
- is the duty of a party to present evidence sufficient to establish or the money or delivered the thing accordingly;
rebut a fact in issue l) That a person acting in a public office was regularly appointed or
- to establish a prima facie case. elected to it;
- Burden of evidence may shift from one party to the other in the m) That official duty has been regularly performed;
course of the proceedings, n) That a court, or judge acting as such, whether in the Philippines or
- depending on the exigencies of the case. (1a) elsewhere, was acting in the lawful exercise of jurisdiction;
o) That all the matters within an issue raised in a case were laid
SECTION 2. Conclusive Presumptions. — The following are instances of before the court and passed upon by it; and in like manner that all
conclusive presumptions: matters within an issue raised in a dispute submitted for
a) Whenever a party has, by his or her own declaration, act, or arbitration were laid before the arbitrators and passed upon by
omission, intentionally and deliberately led another to believe a them;
particular thing true, and to act upon such belief, he or she cannot, p) That private transactions have been fair and regular;
in any litigation arising out of such declaration, act or omission, be q) That the ordinary course of business has been followed;
permitted to falsify it; and r) That there was a sufficient consideration for a contract;
b) The tenant is not permitted to deny the title of his or her landlord s) That a negotiable instrument was given or indorsed for a sufficient
at the time of the commencement of the relation of landlord and consideration;
tenant between them. (2a) t) That an indorsement of a negotiable instrument was made before
the instrument was overdue and at the place where the instrument
SECTION 3 . Disputable Presumptions. — The following presumptions are is dated;
satisfactory if uncontradicted, but may be contradicted and overcome by u) That a writing is truly dated;
other evidence: v) That a letter duly directed and mailed was received in the regular
a) That a person is innocent of crime or wrong; course of the mail;
b) That an unlawful act was done with an unlawful intent; w) That after an absence of seven years,
c) That a person intends the ordinary consequences of his or her - it being unknown whether or not the absentee still lives,
voluntary act; - he or she is considered dead for all purposes,
d) That a person takes ordinary care of his or her concerns; - except for those of succession.
e) That evidence willfully suppressed would be adverse if produced;
f) That money paid by one to another was due to the latter; The absentee shall not be considered dead

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 - for the purpose of opening his or her succession capacitated to marry each other and who live exclusively with each
- until after an absence of ten years. other as husband and wife, without the benefit of marriage or
- If he or she disappeared after the age of seventy-five years, under a void marriage, has been obtained by their joint efforts,
- an absence of five years shall be sufficient work or industry;
- in order that his or her succession may be opened. cc) That in cases of cohabitation by a man and a woman who are not
capacitated to marry each other and who have acquired property
The following shall be considered dead for all purposes including through their actual joint contribution of money, property or
the division of the estate among the heirs: industry, such contributions and their corresponding shares,
1) A person on board a vessel lost during a sea voyage, or an including joint deposits of money and evidences of credit, are
aircraft which is missing, who has not been heard of for equal;
four years since the loss of the vessel or aircraft; dd) That if the marriage is terminated and the mother contracted
2) A member of the armed forces who has taken part in another marriage within three hundred days after such termination
armed hostilities, and has been missing for four years; of the former marriage, these rules shall govern in the absence of
3) A person who has been in danger of death under other proof to the contrary:
circumstances and whose existence has not been known 1) A child born before one hundred eighty (180) days after
for four years; and the solemnization of the subsequent marriage is
4) If a married person has been absent for four consecutive considered to have been conceived during such marriage,
years, the spouse present may contract a subsequent even though it be born within the three hundred days after
marriage if he or she has a well-founded belief that the the termination of the former marriage; and
absent spouse is already dead. In case of disappearance, 2) A child born after one hundred eighty (180) days following
where there is a danger of death, the circumstances the celebration of the subsequent marriage is considered
hereinabove provided, an absence of only two years shall to have been conceived during such marriage, even
be sufficient for the purpose of contracting a subsequent though it be born within the three hundred days after the
marriage. However, in any case, before marrying again, termination of the former marriage.
the spouse present must institute summary proceedings as ee) That a thing once proved to exist continues as long as is usual with
provided in the Family Code and in the rules for things of that nature;
declaration of presumptive death of the absentee, without ff) That the law has been obeyed;
prejudice to the effect of reappearance of the absent gg) That a printed or published book, purporting to be printed or
spouse. published by public authority, was so printed or published;
x) That acquiescence resulted from a belief that the thing acquiesced hh) That a printed or published book, purporting to contain reports of
in was conformable to the law or fact; cases adjudged in tribunals of the country where the book is
y) That things have happened according to the ordinary course of published, contains correct reports of such cases;
nature and ordinary nature habits of life; ii) That a trustee or other person whose duty it was to convey real
z) That persons acting as copartners have entered into a contract of property to a particular person has actually conveyed it to him or
co- partnership; her when such presumption is necessary to perfect the title of such
aa) That a man and woman deporting themselves as husband and person or his or her successor in interest;
wife have entered into a lawful contract of marriage; jj) That except for purposes of succession, when two persons perish
bb) That property acquired by a man and a woman who are in the same calamity, such as wreck, battle, or conflagration, and it

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 is not shown who died first, and there are no particular If considerations of policy are of equal weight,
circumstances from which it can be inferred, the survivorship is - neither presumption applies. (n)
determined from the probabilities resulting from the strength and
the age of the sexes, according to the following rules: SECTION 6. Presumption against an Accused in Criminal Cases. — If a
1) If both were under the age of fifteen years, the older is presumed fact that establishes guilt,
deemed to have survived; - is an element of the offense charged,
2) If both were above the age of sixty, the younger is - or negates a defense,
deemed to have survived; - the existence of the basic fact must be proved beyond reasonable
3) If one is under fifteen and the other above sixty, the former doubt
is deemed to have survived; - and the presumed fact follows from the basic fact beyond
4) If both be over fifteen and under sixty, and the sex be reasonable doubt. (n)
different, the male is deemed to have survived, if the sex
be the same, the older; and RULE 132 Presentation of Evidence
5) If one be under fifteen or over sixty, and the other
between those ages, the latter is deemed to have A. EXAMINATION OF W ITNESSES
survived.
kk) That if there is a doubt, as between two or more persons who are SECTION 1 . Examination to be Done in Open Court. — The examination
called to succeed each other, as to which of them died first, of witnesses presented in a trial or hearing shall be
whoever alleges the death of one prior to the other, shall prove - done in open court,
the same; in the absence of proof, they shall be considered to - and under oath or affirmation.
have died at the same time. (3a) - Unless the witness is incapacitated to speak,
- or the question calls for a different mode of answer,
SECTION 4. No Presumption of Legitimacy or Illegitimacy. — There is no - the answers of the witness shall be given orally. (1)
presumption of legitimacy or illegitimacy of a child
- born after three hundred days following the dissolution of the SECTION 2. Proceedings to be Recorded. — The entire proceedings of a
marriage or the separation of the spouses. trial or hearing,
- Whoever alleges the legitimacy or illegitimacy of such child must - including the questions propounded to a witness and his or her
prove his or her allegation. (4a) answers thereto,
- and the statements made by the judge or any of the parties,
SECTION 5 . Presumptions in Civil Actions and Proceedings. — In all civil counsel, or witnesses with reference to the case,
actions and proceedings not otherwise provided for by the law or these - shall be recorded by means of shorthand or stenotype
Rules, - or by other means of recording found suitable by the court.
- a presumption imposes on the party against whom it is directed - A transcript of the record of the proceedings made by the official
- the burden of going forward with evidence to rebut or meet the stenographer, stenotypist or recorder
presumption. - and certified as correct by him or her,
If presumptions are inconsistent, - shall be deemed prima facie a correct statement of such
- the presumption that is founded upon weightier considerations of proceedings. (2a)
policy shall apply.

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SECTION 3. Rights and Obligations of a Witness. — A witness must SECTION 7. Re-direct Examination; Its Purpose and Extent. — After the
answer questions, although his or her answer may tend to establish a cross- examination of the witness has been concluded,
claim against him or her. However, it is the right of a witness: - he or she may be re-examined by the party calling him or her
1) To be protected from irrelevant, improper, or insulting - to explain or supplement his or her answers given during the
questions, and from harsh or insulting demeanor; cross-examination.
2) Not to be detained longer than the interests of justice On re-direct examination, questions on matters not dealt with during the
require; cross-examination
3) Not to be examined except only as to matters pertinent to - MAY be allowed by the court in its discretion. (7a)
the issue;
4) Not to give an answer which will tend to subject him or her SECTION 8. Re-cross Examination. — Upon the conclusion of the re-direct
to a penalty for an offense unless otherwise provided by examination,
law; or - the adverse party may re-cross-examine the witness
5) Not to give an answer which will tend to degrade his or - on matters stated in his or her re-direct examination,
her reputation, unless it be to the very fact at issue or to a - and also on such other matters as may be allowed by the court in
fact from which the fact in issue would be presumed. But a its discretion. (8a)
witness must answer to the fact of his or her previous final
conviction for an offense. (3a) SECTION 9. Recalling Witness. — After the examination of a witness by
both sides has been concluded,
SECTION 4. Order in the Examination of an Individual Witness. — The - the witness cannot be recalled without leave of the court.
order in which an individual witness may be examined is as follows: - The court will grant or withhold leave in its discretion,
a) Direct examination by the proponent; - as the interests of justice may require. (9)
b) Cross-examination by the opponent;
c) Re-direct examination by the proponent; SECTION 10. Leading and Misleading Questions. — A question which
d) Re-cross examination by the opponent. (4) suggests to the witness the answer which the examining party desires is a
LEADING QUESTION. It is not allowed, EXCEPT:
SECTION 5. Direct Examination. — Direct examination is a) On cross-examination;
- the examination-in- chief of a witness b) On preliminary matters;
- by the party presenting him or her c) When there is difficulty in getting direct and intelligible answers
- on the facts relevant to the issue. (5a) from a witness who is ignorant, a child of tender years, is of feeble
mind, or a deaf-mute;
SECTION 6. Cross-examination; Its Purpose and Extent. — Upon the d) Of an unwilling or hostile witness; or
termination of the direct examination, e) Of a witness who is an adverse party or an officer, director, or
- the witness may be cross-examined by the adverse party managing agent of a public or private corporation, or of a
- on any relevant matter, with sufficient fullness and freedom partnership or association which is an adverse party.
- to test his or her accuracy and truthfulness A MISLEADING QUESTION is one which assumes as true a fact not yet
- and freedom from interest or bias, or the reverse, testified to by the witness, or contrary to that which he or she has
- and to elicit all important facts bearing upon the issue. (6a) previously stated. It is not allowed. (10a)

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SECTION 11. Impeachment of Adverse Party's Witness. — A witness may respects
be impeached - as if he or she had been called by the adverse party,
- by the party against whom he or she was called, - except by evidence of his or her bad character.
- by contradictory evidence, He or she may also be impeached and cross-examined by the adverse
- by evidence that his or her general reputation for truth, honesty, or party,
integrity is bad, or - but such cross-examination must only be on the subject matter of
- by evidence that he or she has made at other times statements his or her examination-in-chief. (12a)
inconsistent with his or her present testimony,
- BUT NOT by evidence of particular wrongful acts, SECTION 14 . How Witness Impeached by Evidence of Inconsistent
- except that it may be shown by the examination of the witness, or Statements. — Before a witness can be impeached by evidence that he or
record of the judgment, she has made at other times statements inconsistent with his or her
- that he or she has been convicted of an offense. (11a) present testimony,
- the statements must be related to him or her,
SECTION 12. Impeachment by Evidence of Conviction of Crime. — For - with the circumstances of the times and places and the persons
the purpose of impeaching a witness, present,
- evidence that he or she has been convicted by final judgment of a - and he or she must be asked whether he or she made such
crime shall be admitted if statements,
- (a) the crime was punishable by a penalty in excess of one year; or - and if so, allowed to explain them.
- (b) the crime involved moral turpitude, regardless of the penalty. If the statements be in writing,
- they must be shown to the witness before any question is put to
However, evidence of a conviction is not admissible him or her concerning them. (13a)
- if the conviction has been the subject of an amnesty
- or annulment of the conviction. (n) [SECTION 14. Evidence of Good Character of Witness. — (Incorporated in
Section 54, Rule 130)]
SECTION 13. Party May Not Impeach His or Her Own Witness. — Except
with respect to witnesses referred to in paragraphs (d) and (e) of Section SECTION 15. Exclusion and Separation of Witnesses. — The court,
10 of this Rule, the party presenting the witness is not allowed to impeach - motu proprio or upon motion,
his or her credibility. - shall order witnesses excluded
- so that they cannot hear the testimony of other witnesses.
A witness may be considered as unwilling or hostile
- only if so declared by the court This rule does not authorize exclusion of
- upon adequate showing of his or her adverse interest, a) a party who is a natural person,
- unjustified reluctance to testify, b) a duly designated representative of a juridical entity which is a
- or his or her having misled the party into calling him or her to the party to the case,
witness stand. c) a person whose presence is essential to the presentation of the
The unwilling or hostile witness so declared, or the witness who is an party's cause, or
adverse party, d) a person authorized by a statute to be present.
- may be impeached by the party presenting him or her in all

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The court may also cause witnesses
- to be kept separate and SECTION 19. Classes of Documents. — For the purpose of their
- to be prevented from conversing with one another, presentation in evidence, documents are either public or private.
- directly or through intermediaries, PUBLIC DOCUMENTS are:
- until all shall have been examined. (15a) a) The written official acts, or records of the sovereign authority,
official bodies and tribunals, and public officers, whether of the
SECTION 16. When Witness May Refer to Memorandum. — A witness Philippines, or of a foreign country;
may be allowed to refresh his or her memory respecting a fact b) Documents acknowledged before a notary public except last wills
- by anything written or recorded by himself or herself, or under his and testaments;
or her direction, c) Documents that are considered public documents under treaties
- at the time when the fact occurred, or immediately thereafter, or at and conventions which are in force between the Philippines and
any other time when the fact was fresh in his or her memory the country of source; and
- and he or she knew that the same was correctly written or d) Public records, kept in the Philippines, of private documents
recorded; required by law to be entered therein.
- but in such case, the writing or record must be produced and may
be inspected by the adverse party, All other writings are PRIVATE. (19a)
- who may, if he or she chooses, cross-examine the witness upon it
and may read it in evidence. SECTION 20. Proof of Private Documents. — Before any private
A witness may also testify from such a writing or record, document
- though he or she retains no recollection of the particular facts, - offered as authentic is received in evidence,
- if he or she is able to swear that the writing or record correctly - its due execution and authenticity
stated the transaction when made; - must be proved by any of the following means:
- but such evidence must be received with caution. (16a) a) By anyone who saw the document executed or written;
b) By evidence of the genuineness of the signature or
SECTION 17. When Part of Transaction, Writing or Record Given in handwriting of the maker; or
Evidence, the Remainder Admissible. — When part of an act, declaration, c) By other evidence showing its due execution and authenticity.
conversation, writing or record is given in evidence by one party,
- the whole of the same subject may be inquired into by the other, Any other private document need only be identified as that which it is
- and when a detached act, declaration, conversation, writing or claimed to be. (20)
record is given in evidence,
- any other act, declaration, conversation, writing or record SECTION 21. When Evidence of Authenticity of Private Document Not
- necessary to its understanding may also be given in evidence. (17) Necessary. — Where a private document
- is more than thirty (30) years old,
SECTION 18. Right to Inspect Writing Shown to Witness. — Whenever a - is produced from a custody in which it would naturally be found if
writing is shown to a witness, it may be inspected by the adverse party. genuine, and
(18) - is unblemished by any alterations or circumstances of suspicion,
- no other evidence of its authenticity need be given. (21)
B. AUTHENTICATION AND PROOF OF DOCUMENTS

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SECTION 22. How Genuineness of Handwriting Proved. — The - or considered a public document under such treaty or convention
handwriting of a person pursuant to paragraph (c) of Section 19 hereof,
- MAY be proved by any witness - the certificate or its equivalent shall be in the form prescribed by
- who believes it to be the handwriting of such person such treaty or convention
- because he or she has seen the person write, or has seen writing - subject to reciprocity granted to public documents originating
purporting to be his or hers from the Philippines.
- upon which the witness has acted or been charged,
- and has thus acquired knowledge of the handwriting of such For documents originating from a foreign country
person. - which is not a contracting party to a treaty or convention referred
Evidence respecting the handwriting may also be given to in the next preceding sentence,
- by a comparison, - the certificate may be made
- made by the witness or the court, - by a secretary of the embassy or legation, consul general, consul,
- with writings admitted or treated as genuine by the party against vice- consul, or consular agent
whom the evidence is offered, - or by any officer in the foreign service of the Philippines
- or proved to be genuine to the satisfaction of the judge. (22) - stationed in the foreign country in which the record is kept,
- and authenticated by the seal of his or her office.
SECTION 23. Public Documents as Evidence. — Documents consisting of
entries in public records A document that is accompanied by a certificate or its equivalent
- made in the performance of a duty by a public officer - may be presented in evidence without further proof,
- are prima facie evidence of the facts therein stated. - the certificate or its equivalent being prima facie evidence of the
All other public documents are evidence, due execution and genuineness of the document involved.
- even against a third person, - The certificate shall not be required
- of the fact which gave rise to their execution - when a treaty or convention between a foreign country and the
- and of the date of the latter. (23) Philippines has abolished the requirement,
- or has exempted the document itself from this formality. (24a)
SECTION 24. Proof of Official Record. — The record of public documents
referred to in paragraph (a) of Section 19, SECTION 25. What Attestation of Copy Must State. — Whenever a copy
- when admissible for any purpose, of a document or record is attested for the purpose of evidence,
- may be evidenced by an official publication thereof or - the attestation must state, in substance,
- by a copy attested by the officer having the legal custody of the - that the copy is a correct copy of the original,
record, or by his or her deputy, - or a specific part thereof, as the case may be.
- and accompanied, if the record is not kept in the Philippines, with - The attestation must be under the official seal of the attesting
a certificate that such officer has the custody. officer, if there be any,
- or if he or she be the clerk of a court having a seal, under the seal
If the office in which the record is kept of such court. (25a)
- is in a foreign country,
- which is a contracting party to a treaty or convention to which the SECTION 26. Irremovability of Public Record. — Any public record,
Philippines is also a party, - an official copy of which is admissible in evidence,

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 - must not be removed from the office in which it is kept, producing a document as genuine
- except upon order of a court - which has been altered and
- where the inspection of the record is essential to the just - appears to have been altered after its execution,
determination of a pending case. (26) - in a part material to the question in dispute,
- must account for the alteration.
SECTION 27. Public Record of a Private Document. — An authorized He or she may show that the alteration was made by another,
public record of a private document - without his or her concurrence,
- may be proved by the original record, - or was made with the consent of the parties affected by it,
- or by a copy thereof, - or was otherwise properly or innocently made,
- attested by the legal custodian of the record, - or that the alteration did not change the meaning or language of
- with an appropriate certificate that such officer has the custody. the instrument.
(27) If he or she fails to do that, the document shall not be admissible in
evidence. (31a)
SECTION 28. Proof of Lack of Record. — A written statement
- signed by an officer having the custody of an official record or by SECTION 32. Seal. — There shall be no difference between sealed and
his or her deputy that, unsealed private documents insofar as their admissibility as evidence is
- after diligent search, concerned. (32)
- no record or entry of a specified tenor is found to exist in the
records of his or her office, SECTION 33. Documentary Evidence in an Unofficial Language. —
- accompanied by a certificate as above provided, Documents written in an unofficial language
- is admissible as evidence that the records of his or her office - shall not be admitted as evidence,
contain no such record or entry. (28a) - unless accompanied with a translation into English or Filipino.
To avoid interruption of proceedings, parties or their attorneys are
SECTION 29. How Judicial Record Impeached. — Any judicial record may - directed to have such translation prepared before trial. (33)
be impeached by evidence of:
a) want of jurisdiction in the court or judicial officer; C. OFFER AND OBJECTION
b) collusion between the parties; or
c) fraud in the party offering the record, in respect to the proceedings. SECTION 34. Offer of Evidence. — The court shall consider
(29) - no evidence which has not been formally offered.
- The purpose for which the evidence is offered
SECTION 30 . Proof of Notarial Documents. — Every instrument - must be specified. (34)
- duly acknowledged or proved
- and certified as provided by law, SECTION 35 . When to Make Offer. — All evidence
- may be presented in evidence without further proof, - MUST be offered orally.
- the certificate of acknowledgment being prima facie evidence - The offer of the testimony of a witness in evidence
- of the execution of the instrument or document involved. (30) - must be made at the time the witness is called to testify.
- The offer of documentary and object evidence shall be made
SECTION 31. Alteration in Document, How to Explain. — The party - after the presentation of a party's testimonial evidence. (35a)

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 - before the adverse party had the opportunity to voice fully its
SECTION 36. Objection. — Objection to offer of evidence objection to the same,
- must be made orally IMMEDIATELY after the offer is made. - or where a question is not objectionable, but the answer is not
Objection to the testimony of a witness responsive,
- for lack of a formal offer - or where a witness testifies without a question being posed
- must be made as soon as the witness begins to testify. - or testifies beyond limits set by the court,
Objection to a question propounded - or when the witness does a narration instead of answering the
- in the course of the oral examination of a witness question,
- must be made as soon as the grounds therefor become - and such objection is found to be meritorious,
reasonably apparent. - the court shall sustain the objection and order such answer,
The grounds for the objections must be specified. (36a) testimony or narration to be stricken off the record.
On proper motion, the court
SECTION 37. When Repetition of Objection Unnecessary. — When it - may also order the striking out of answers
becomes reasonably apparent - which are incompetent, irrelevant, or otherwise improper. (39a)
- in the course of the examination of a witness
- that the questions being propounded are of the same class as SECTION 40. Tender of Excluded Evidence. — If documents or things
those to which objection has been made, offered in evidence
- whether such objection was sustained or overruled, - are excluded by the court,
- it shall not be necessary to repeat the objection, - the offeror may have the same attached to or made part of the
- it being sufficient for the adverse party to record his or her record.
continuing objection to such class of questions. (37a) If the evidence excluded is oral,
- the offeror may state for the record
SECTION 38. Ruling. — The ruling of the court - the name and other personal circumstances of the witness and
- must be given immediately after the objection is made, - the substance of the proposed testimony. (40)
- unless the court desires to take a reasonable time
- to inform itself on the question presented; RULE 133 W eight and Sufficiency of Evidence
- but the ruling shall always be made during the trial
- and at such time as will give the party against whom it is made SECTION 1. Preponderance of Evidence, How Determined. — In civil
- an opportunity to meet the situation presented by the ruling. cases,
- the party having the burden of proof
The reason for sustaining or overruling an objection need not be stated. - must establish his or her case
However, if the objection - by a preponderance of evidence.
- is based on two or more grounds,
- a ruling sustaining the objection on one or some of them In determining where the preponderance or superior weight of evidence
- must specify the ground or grounds relied upon. (38) on the issues involved lies,
- the court may consider all the facts and circumstances of the case,
SECTION 39. Striking out of Answer. — Should a witness answer the - the witnesses' manner of testifying,
question - their intelligence,

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 - their means and opportunity of knowing the facts to which they Inferences cannot be based on other inferences. (4a)
are testifying,
- the nature of the facts to which they testify, SECTION 5. Weight to be Given Opinion of Expert Witness, How
- the probability or improbability of their testimony, Determined. — In any case where
- their interest or want of interest, - the opinion of an expert witness is received in evidence,
- and also their personal credibility - the court has a wide latitude of discretion in determining
- so far as the same may legitimately appear upon the trial. - the weight to be given to such opinion,
The court may also consider - and for that purpose may consider the following:
- the number of witnesses, a) Whether the opinion is based upon sufficient facts or data;
- though the preponderance is not necessarily with the greater b) Whether it is the product of reliable principles and methods;
number. (1a) c) Whether the witness has applied the principles and methods
reliably to the facts of the case; and
SECTION 2. Proof beyond Reasonable Doubt. — In a criminal case, d) Such other factors as the court may deem helpful to make such
- the accused is entitled to an acquittal, determination.
- unless his or her guilt
- is shown beyond reasonable doubt. SECTION 6. Substantial Evidence. — In cases led before administrative or
quasi-judicial bodies,
Proof beyond reasonable doubt - a fact may be deemed established
- does not mean such a degree of proof as, - if it is supported by SUBSTANTIAL EVIDENCE,
- excluding possibility of error, - or that amount of relevant evidence
- produces absolute certainty. - which a reasonable mind might accept as adequate to justify a
Moral certainty only is required, conclusion. (5)
- or that degree of proof which produces conviction in an
unprejudiced mind. (2a) SECTION 7. Power of the Court to Stop Further Evidence. — The court
- may stop the introduction of further testimony
SECTION 3. Extrajudicial Confession, Not Sufficient Ground for - upon any particular point
Conviction. — An extrajudicial confession - when the evidence upon it is already so full
- made by an accused - that more witnesses to the same point
- shall not be sufficient ground for conviction, - cannot be reasonably expected to be additionally persuasive.
- unless corroborated by evidence of corpus delicti. (3) - This power shall be exercised with caution. (6a)

SECTION 4. Circumstantial Evidence, When Sufficient. — Circumstantial SECTION 8. Evidence on Motion. — When a motion
evidence is sufficient for conviction if: - is based on facts not appearing of record,
a) There is more than one circumstance; - the court may hear the matter on affidavits or depositions
b) The facts from which the inferences are derived are proven; and - presented by the respective parties,
c) The combination of all the circumstances is such as to produce a - but the court may direct that the matter
conviction beyond reasonable doubt. - be heard wholly or partly on oral testimony or depositions. (7)

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