Codal provisions Rule 130

Question 1

RULE 130. Section 1.

Answer 1

Section 1. Object as evidence. — Objects as evidence are those addressed to the senses of the court. When an object is relevant to the fact in issue, it may be exhibited to, examined or viewed by the court.

Question 2

RULE 130. Section 2.

Answer 2

Section 2. Documentary evidence. — Documents as evidence consist of writings, recordings, photographs 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.

Photographs include still pictures, drawings, stored images, x-ray films, motion pictures or videos.

Question 3

RULE 130. Section 3.

Answer 3

Section 3. Original document must be produced; exceptions. — When the subject of inquiry is the contents of a document, writing, recording, photograph or other record, no evidence is admissible other than the original document itself, except in the following cases:

(a) When the original is lost or destroyed, or cannot be produced in court, without bad faith on the part of the offeror;

(b) When the original is in the custody or under the control of the party against whom the evidence is offered, and the latter fails to produce it after reasonable notice, or the original cannot be obtained by local judicial processes or procedures;

(c) When the original consists of numerous accounts or other documents which cannot be examined in court without great loss of time and the fact sought to be established from them is only the general result of the whole;

(d) When the original is a public record in the custody of a public officer or is recorded in a public office; and

(e) When the original is not closely-related to a controlling issue.

Question 4

RULE 130. Section 4.

Answer 4

Section 4. Original of document. —
An “original” of a document is the document itself or any counterpart intended to have the same effect by a person executing or issuing it. An “original” of a photograph includes the negative or any print therefrom. If data is stored in a computer or similar device, any printout or other output readable by sight or other means, shown to reflect the data accurately, is an “original.”

A “duplicate” is a counterpart produced by the same impression as the original, or from the same matrix, or by means of photography, including enlargements and miniatures, or by mechanical or electronic re-recording, or by chemical reproduction, or by other equivalent techniques which accurately reproduce the original.

A duplicate is admissible to the same extent as an original unless (1) a genuine question is raised as to the authenticity of the original, or (2) in the circumstances, it is unjust or inequitable to admit the duplicate in lieu of the original..

Question 5

RULE 130. Section 5.

Answer 5

Section 5. When original document is unavailable. — When the original document has been lost or destroyed, or cannot be produced in court, the offeror, upon proof of its execution or existence and the cause of its unavailability without bad faith on his or her part, may prove its contents by a copy, or by a recital of its contents in some authentic document, or by the testimony of witnesses in the order stated.

Question 6

RULE 130. Section 6.

Answer 6

Section 6. When original document is in adverse party’s custody or control. — If the document is in the custody or under the control of adverse party, he or she must have reasonable notice to produce it. If after such notice and after satisfactory proof of its existence, he or she fails to produce the document, secondary evidence may be presented as in the case of its loss.

Question 7

RULE 130. Section 7.

Answer 7

Section 7. Summaries. — When the contents of documents, records, photographs, or numerous accounts are voluminous and cannot be examined in court without great loss of time, and the fact sought to be established is only the general result of the whole, the contents of such evidence may be presented in the form of a chart, summary, or calculation.
The originals shall be available for examination or copying, or both, by the adverse party at a reasonable time and place. The court may order that they be produced in court.

Question 8

RULE 130. Section 8.

Answer 8

Section 8. Evidence admissible when original document is a public record. — When the original of document is in the custody of public officer or is recorded in a public office, its contents may be proved by a certified copy issued by the public officer in custody thereof. (7)

Question 9

RULE 130. Section 9.

Answer 9

Section 9. Party who calls for document not bound to offer it. — A party who calls for the production of a document and inspects the same is not obliged to offer it as evidence.

Question 9

RULE 130. Section 10.

Answer 9

Section 10. Evidence of written agreements. — When the terms of an agreement have been reduced to writing, it is considered as containing all the terms agreed upon and there can be, as between the parties and their successors in interest, no evidence of such terms other than the contents of the written agreement.

However, a party may present evidence to modify, explain or add to the terms of written agreement if he or she puts in issue in a verified pleading:

An intrinsic ambiguity, mistake or imperfection in the written agreement;

The failure of the written agreement to express the true intent and agreement of the parties thereto;

The validity of the written agreement; or

The existence of other terms agreed to by the parties or their successors in interest after the execution of the written agreement.

The term “agreement” includes wills. (9a)

Question 10

Rule 130 Section 21

Answer 10

Section 21. Witnesses; their qualifications. — Except as provided in the next succeeding section, all persons who can perceive, and perceiving, can make their known perception to others, may be witnesses. (20a)
Religious or political belief, interest in the outcome of the case, or conviction of a crime unless otherwise provided by law, shall not be ground for disqualification. (20)

Question 11

Rule 130 Section 22

Answer 11

Section 22. Testimony confined to personal knowledge. — A witness can testify only to those facts which he or she knows of his or her personal knowledge; that is, which are derived from his or her own perception.

Question 12

Rule 130 Section 23

Answer 12

Section 23. Disqualification by reason of marriage. — During their marriage, the husband or the wife cannot testify against the other without the consent of the affected spouse, except in a civil case by one against the other, or in a criminal case for a crime committed by one against the other or the latter’s direct descendants or ascendants.

Question 13

Rule 130 Section 24

Answer 13

Section 24. Disqualification by reason of privileged communication. — The following persons cannot testify as to matters learned in confidence in the following cases:

The husband or the wife, during or after the marriage, cannot be examined without the consent of the other as to any communication received in confidence by one from the other during the marriage except in a civil case by one against the other, or in a criminal case for a crime committed by one against the other or the latter’s direct descendants or ascendants;

An attorney or person reasonably believed by the client to be licensed to engage in the practice of law cannot, without the consent of the client, be examined as to any communication made by the client to him or her, or his or her advice given thereon in the course of, or with a view to, professional employment, nor can an attorney’s secretary, stenographer, or clerk, or other persons assisting the attorney be examined, without the consent of the client and his employer, concerning any fact the knowledge of which has been acquired in such capacity, except in the following cases:

Furtherance of crime or fraud. If the services or advice of the lawyer were sought or obtained to enable or aid anyone to commit or plan to commit what the client knew or reasonably should have known to be a crime or fraud;

Claimants through same deceased client. As to a communication relevant to an issue between parties who claim through the same deceased client, regardless of whether the claims are by testate or intestate or by inter vivos transaction;

Breach of duty by lawyer or client. As to a communication relevant to an issue of breach of duty by the lawyer to his or her client, or by the client to his or her lawyer;

Document attested by the lawyer. As to a communication relevant to an issue concerning an attested document to which the lawyer is an attesting witness; or

Joint clients. As to a communication relevant to a matter of common interest between two or more clients if the communication was made by any of them to a lawyer retained or consulted in common, when offered in an action between any of the clients, unless they have expressly agreed otherwise.

A physician, psychotherapist or person reasonably believed by the patient to be authorized to practice medicine or psychotherapy cannot in a civil case, without the consent of the patient, be examined as to any confidential communication made for the purpose of diagnosis or treatment of the patient’s physical, mental or emotional condition, including alcohol or drug addiction, between the patient and his or her physician or psychotherapist. This privilege also applies to persons, including members of the patient’s family, who have participated in the diagnosis or treatment of the patient under the direction of the physician or psychotherapist.

A “psychotherapist” is:

1. A person licensed to practice medicine engaged in the diagnosis or treatment of a mental or emotional condition, or
2. A person licensed as a psychologist by the government while similarly engaged.

A minister, priest or person reasonably believed to be so cannot, without the consent of the affected person, be examined as to any communication 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.

A public officer cannot be examined during or after his or her tenure as to communications made to him or her in official confidence, when the court finds that the public interest would suffer by the disclosure.

The communication shall remain privileged, even in the hands of a third person who may have obtained the information, provided that the original parties to the communication took reasonable precaution to protect its confidentiality.

Question 14

Rule 130 Section 25

Answer 14

Section 25. Parental and filial privilege. — No person shall be compelled to testify against his or her parents, other direct ascendants, children or other direct descendants, except when such testimony is indispensable in a crime against that person or by one parent against the other..

Question 15

Rule 130 Section 26

Answer 15

Section 26. Privilege relating to trade secrets. — A person cannot be compelled to testify about any trade secret, unless the non-disclosure will conceal fraud or otherwise work injustice. When disclosure is directed, the court shall take such protective measure as the interest of the owner of the trade secret and of the parties and the furtherance of justice may require.

Question 16

Rule 130 Section 27

Answer 16

Section 27. Admission of a party. — The act, declaration or omission of a party as to a relevant fact may be given in evidence against him or her.

Question 17

Rule 130 Section 28

Answer 17

Section 28. Offer of compromise not admissible. — In civil cases, an offer of compromise is not an admission of any liability, and is not admissible in evidence against the offeror. Neither is evidence of conduct nor statements made in compromise negotiations admissible, except evidence otherwise discoverable or offered for another purpose, such as proving bias or prejudice of a witness, negativing a contention of undue delay, or proving an effort to obstruct a criminal investigation or prosecution.

In criminal cases, except those involving quasi-offenses (criminal negligence) or those allowed by law to be compromised, an offer of compromise by the accused may be received in evidence as an implied admission of guilt.

A plea of guilty later withdrawn, or an unaccepted offer of a plea of guilty to lesser offense, is not admissible in evidence against the accused who made the plea or offer. Neither is any statement made in the course of plea bargaining with the prosecution, which does not result in a plea of guilty or which results in a plea of guilty later withdrawn, admissible.

An offer to pay or the payment of medical, hospital or other expenses occasioned by an injury is not admissible in evidence as proof of civil or criminal liability for the injury.

Question 18

Rule 130 Section 29

Answer 18

Section 29. Admission by third party. — The rights of a party cannot be prejudiced by an act, declaration, or omission of another, except as hereinafter provided.

Question 19

Rule 130 Section 30

Answer 19

Section 30. Admission by co-partner or agent. — The act or declaration of a partner or agent authorized by the party to make a statement concerning the subject, or within the scope of his or her authority and during the existence of the partnership or agency, may be given in evidence against such party after the partnership or agency is shown by evidence other than such act or declaration. The same rule applies to the act or declaration of a joint owner, joint debtor, or other person jointly interested with the party.

Question 20

Rule 130 Section 31

Answer 20

Section 31. Admission by conspirator. — The act or declaration of a conspirator in furtherance of the conspiracy and during its existence, may be given in evidence against the co-conspirator after the conspiracy is shown by evidence other than such act of declaration.

Question 21

Rule 130 Section 32

Answer 21

Section 32. Admission by privies. — Where one derives title to property from another, the latter’s act, declaration, or omission, in relation to the property, is evidence against the former if done while the latter was holding the title.

Question 22

Rule 130 Section 33

Answer 22

Section 33. Admission by silence. — An act or declaration made in the presence and within the hearing or observation of a party who does or says nothing when the act or declaration is such as naturally to call for action or comment if not true, and when proper and possible for him to do so, may be given in evidence against him or her.

Question 23

Rule 130 Section 34

Answer 23

Section 34. Confession. — The declaration of an accused acknowledging his or her guilt of the offense charged, or of any offense necessarily included therein, may be given in evidence against him or her.

Question 24

Rule 130 Section 35

Answer 24

4. Previous Conduct as Evidence

Section 35. Similar acts as evidence. — Evidence that one did or did not do a certain thing at one time is not admissible to prove that he or she 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; identity, plan, system, scheme, habit, custom or usage, and the like.

Question 25

Rule 130 Section 36

Answer 25

Section 36. 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 the money, instrument, or property.

Question 26

Rule 130 Section 37

Answer 26

5. Hearsay

Section 37. Hearsay. — Hearsay is a statement other than one made by the declarant while testifying at a trial or hearing, offered to prove the truth of the facts asserted therein. A statement is (1) an oral or written assertion or (2) a non-verbal conduct of a person, if it is intended by him or her as an assertion. Hearsay evidence is inadmissible except as otherwise provided in these Rules.
A statement is not hearsay if the declarant testifies at the trial or hearing and is subject to cross-examination concerning the statement, and the statement is (a) inconsistent with the declarant’s testimony, and was given under oath subject to the penalty of perjury at a trial, hearing, or other proceeding, or in a deposition; (b) consistent with the declarant’s testimony and is offered to rebut an express or implied charge against the declarant of recent fabrication or improper influence or motive; or (c) one of identification of a person made after perceiving him or her.

Question 27

Rule 130 Section 38

Answer 27

6. Exceptions To The Hearsay Rule

Section 38. Dying declaration. — The declaration of a dying person, made under the consciousness of an impending death, may be received in any case wherein his or her death is the subject of inquiry, as evidence of the cause and surrounding circumstances of such death.

Question 28

Rule 130 Section 39

Answer 28

Section 39. Statement of decedent or person of unsound mind. — In an action against an executor or administrator or other representative of a deceased person, or against a person of unsound mind, upon a claim or demand against the estate of such deceased person or against such person of unsound mind, where a party or assignor of a party or a person in whose behalf a case is prosecuted testifies on a matter of fact occurring before the death of the deceased person or before the person became of unsound mind, any statement of the deceased or the person of unsound mind, may be received in evidence if the statement was made upon the personal knowledge of the deceased or the person of unsound mind at a time when the matter had been recently perceived by him or her and while his or her recollection was clear. Such statement, however, is inadmissible if made under circumstances indicating its lack of trustworthiness.

Question 29

Rule 130 Section 40

Answer 29

Section 40. Declaration against interest. — The declaration made by a person deceased, or unable to testify, against the interest of the declarant, if the fact is asserted in the declaration was at the time it was made so far contrary to the declarant’s own interest, that a reasonable person in his or her position would not have made the declaration unless he or she believed it to be true, may be received in evidence against himself or herself or his or her successors in interest and against third persons. A statement tending to expose the declarant to criminal liability and offered to exculpate the accused is not admissible unless corroborating circumstances clearly indicate the trustworthiness of the statement.

Question 30

Rule 130 Section 41

Answer 30

Section 41. Act or declaration about pedigree. — The act or declaration of a person deceased, or unable to testify, in respect to the pedigree of another person related to him or her by birth, adoption, or marriage or, in the absence thereof, with whose family he or she was so intimately associated as to be likely to have accurate information concerning his or her pedigree, may be received in evidence where it occurred before the controversy, and the relationship between the two persons is shown by evidence other than such act or declaration. The word “pedigree” includes relationship, family genealogy, birth, marriage, death, the dates when and the places where these fast occurred, and the names of the relatives. It embraces also facts of family history intimately connected with pedigree.

Question 31

Rule 130 Section 42

Answer 31

Section 42. Family reputation or tradition regarding pedigree. — The reputation or tradition existing in a family previous to the controversy, in respect to the pedigree of any one of its members, may be received in evidence if the witness testifying thereon be also a member of the family, either by consanguinity or affinity, or adoption. Entries in family bibles or other family books or charts, engravings on rings, family portraits and the like, may be received as evidence of pedigree.

Question 32

Rule 130 Section 43

Answer 32

Section 43. Common reputation. — Common reputation existing previous to the controversy, as to boundaries of or customs affecting lands in the community and reputation as to events of general history important to the community, or respecting marriage or moral character, may be given in evidence. Monuments and inscriptions in public places may be received as evidence of common reputation.

Question 33

Rule 130 Section 44

Answer 33

Section 44. Part of res gestae. — Statements made by a person while a starting occurrence is taking place or immediately prior or subsequent thereto, under the stress of excitement caused by the occurrence with respect to the circumstances thereof, may be given in evidence as part of res gestae. So, also, statements accompanying an equivocal act material to the issue, and giving it a legal significance, may be received as part of the res gestae

Question 34

Rule 130 Section 45

Answer 34

Section 45. Records of regularly conducted business activity. — A memorandum, report, record or data compilation of acts, events, conditions, opinions, or diagnoses, made by writing, typing, electronic, optical or other similar means at or near the time of or from transmission or supply of information by a person with knowledge thereof, and kept in the regular course or conduct of a business activity, and such was the regular practice to make the memorandum, report, record, or data compilation by electronic, optical or similar means, all of which are shown by the testimony of the custodian or other qualified witnesses, is excepted from the rule on hearsay evidence.

Question 35

Rule 130 Section 46

Answer 35

Section 46. Entries in official records. — Entries in official records made in the performance of his or her duty by a public officer of the Philippines, or by a person in the performance of a duty specially enjoined by law, are prima facie evidence of the facts therein stated.

Question 36

Rule 130 Section 47

Answer 36

Section 47. Commercial lists and the like. — Evidence of statements of matters of interest to persons engaged in an occupation contained in a list, register, periodical, or other published compilation is admissible as tending to prove the truth of any relevant matter so stated if that compilation is published for use by persons engaged in that occupation and is generally used and relied upon by them therein.

Question 37

Rule 130 Section 48

Answer 37

Section 48. Learned treatises. — A published treatise, periodical or pamphlet on a subject of history, law, science, or art is admissible as tending to prove the truth of a matter stated therein if the court takes judicial notice, or a witness expert in the subject testifies, that the writer of the statement in the treatise, periodical or pamphlet is recognized in his or her profession or calling as expert in the subject.

Question 38

Rule 130 Section 49

Answer 38

Section 49. Testimony or deposition at a former proceeding. — The testimony or deposition of a witness deceased or out of the Philippines or who cannot, with due diligence, be found therein, or is unavailable or otherwise unable to testify, given in a former case or proceeding, judicial or administrative, involving the same parties and subject matter, may be given in evidence against the adverse party who had the opportunity to cross-examine him or her.

Question 39

Rule 130 Section 50

Answer 39

Section 50. Residual exception. — A statement not specifically covered by any of the foregoing exceptions, having equivalent circumstantial guarantees of trustworthiness, is admissible if the court determines that
the statement is offered as evidence of a material fact;
the statement is more probative on the point for which it is offered than any other evidence which the proponent can procure through reasonable efforts; and
the general purposes of these rules and the interests of justice will be best served by admission of the statement into evidence.
However, a statement may not be admitted under this exception unless the proponent makes known to the adverse party, sufficiently in advance of the hearing, or by the pre-trial stage in the case of a trial of the main case, to provide the adverse party with a fair opportunity to prepare to meet it, the proponent’s intention to offer the statement and the particulars of it, including the name and address of the declarant.

Question 40

Rule 130 Section 51

Answer 40

7. Opinion Rule

Section 51. General rule. — The opinion of witness is not admissible, except as indicated in the following sections.

Question 41

Rule 130 Section 52

Answer 41

Section 52. Opinion of expert witness. — The opinion of a witness on a matter requiring special knowledge, skill, experience, training or education, which he or she is shown to posses, may be received in evidence.

Question 42

Rule 130 Section 53

Answer 42

Section 53. Opinion of ordinary witnesses. — The opinion of a witness for which proper basis is given, may be received in evidence regarding —
The identity of a person about whom he or she has adequate knowledge;
A handwriting with which he or she has sufficient familiarity; and
The mental sanity of a person with whom he or she is sufficiently acquainted.
The witness may also testify on his or her impressions of the emotion, behavior, condition or appearance of a person.

Question 43

Rule 130 Section 54

Answer 43

8. Character Evidence
   Section 54. Character evidence not generally admissible; exceptions: — Evidence of a person’s character or a trait of character is not admissible for the purpose of proving action in conformity therewith on a particular occasion, except:
   In Criminal Cases:
   The character of the offended party may be proved if it tends to establish in any reasonable degree the probability or improbability of the offense charged.
   The accused may prove his or her good moral character, pertinent to the moral trait involved in the offense charged. However, the prosecution may not prove his or her bad moral character unless on rebuttal.
   In Civil Cases:
   Evidence of the moral character of a party in civil case is admissible only when pertinent to the issue of character involved in the case.
   In Criminal and Civil Cases:
   Evidence of the good character of a witness is not admissible until such character has been impeached.
   In all cases in which evidence of character or a trait of character of a person is admissible, proof may be made by testimony as to reputation or by testimony in the form of an opinion. On cross-examination, inquiry is allowable into relevant specific instances of conduct.
   In cases in which character or a trait of character of a person is an essential element of a charge, claim or defense, proof may also be made of specific instances of that person’s conduct.