RULES OF EVIDENCE

Evidence the means, sanctioned by the Rules, of ascertaining in a judicial proceeding the truth respecting
a matter of fact.
Relevant evidence evidence which has a relation to the fact in issue as to induce belief in its existence or
non-existence; evidence which tends in any reasonable degree to establish the probability or improbability
of the fact in issue.
aterial evidence evidence which is directed to prove a fact in issue as determined by the rules of
substantive law and pleadings; evidence of such !uality of substantial importance to the particular issue,
apart from its relevance
"he terms #relevant$ and #material$ are practically the same. "hey are used interchangeably by the %&.
&ompetent evidence evidence which is not excluded by the law or by the Rules of &ourt
'irect evidence evidence which proves a fact in dispute without the aid of any inference or presumption
&ircumstantial evidence proof of facts from which, ta(en collectively, the existence of the particular fact in
dispute may be inferred as a necessary or probable conse!uence
Expert evidence testimony of a witness regarding a !uestion of science, art or trade, when he is s(illed
therein
)rima facie evidence evidence which suffices for the proof of a particular fact until contradicted and
overcome by other evidence
&onclusive evidence evidence which is incontrovertible and which the law does not allow to be contradicted
&umulative evidence evidence of the same (ind and character as that already given and tends to prove
the same proposition
&orroborative evidence evidence of a different (ind and character tending to prove the same point
*est evidence evidence which affords the greatest certainty of the fact in !uestion
%econdary evidence evidence which is necessarily inferior to primary+best evidence and shows on its fact
that better evidence exists
,actum probans the evidentiary fact by which the factum probandum is to be established;
material evidencing the proposition, existent, and offered for the consideration of the tribunal
,actum probandum the ultimate fact sought to be established; proposition to be established, hypothetical,
and that which one party affirms and the other denies

,actum probandum ,actum )robans
)roposition to be established aterial evidencing the proposition
&onceived of as hypothetical; that which one
party affirms and the other denies
&onceived of for practical purposes as existent,
and is offered as such for the consideration of the
court

&ollateral facts matters other than facts in issue and which are offered as a basis merely for inference as
to the existence or non-existence of the facts in issue
Real evidence evidence furnished by the things themselves, or view or inspection as distinguished from a
description by them of a witness; that which is addressed directly to the senses of the court without the
intervention of a witness
Rebuttal evidence evidence which is given to explain, repel, counteract or disprove facts given in evidence
by the adverse party
)ositive evidence when a witness affirms that a fact did or did not occur
-egative evidence when a witness states that he did not see or (now the occurrence of a fact
.dmissibility of evidence /eight of evidence
)ertains to the ability of the evidence to be allowed
and accepted subject to its relevancy and
competence
)ertains to the effect of evidence admitted
%ubstantive essence or characteristic feature of
evidence as would ma(e it worthy of consideration
by the court before its admission
"he probative value of evidence which the court
may give to admit after complying with the
rules of relevancy and competency

)roof Evidence
Effect and result of evidence edium of proof
End Result eans to the end
Evidence must have such a relation to the fact in issue as to induce belief in its existence or non-existence.
Evidence on collateral matters shall not be allowed, except when it tends in any reasonable degree to
establish the probability or improbability of the fact in issue.

RULE 129 WHAT NEED NOT BE PROVED
Judicial notice, when mandatory. - . court shall ta(e judicial notice, without the introduction of
evidence, of the existence and territorial extent of states, their political history, forms of government and
symbols of nationality, the law of nations, the admiralty and maritime courts of the world and their seals,
the political constitution and history of the )hilippines, the official acts of the legislative, executive and
judicial departments of the )hilippines, the laws of nature, the measure of time, and the geographical
divisions.
Judicial notice, when discretionary. - . court may ta(e judicial notice of matters which are of public
(nowledge, or are capable of un!uestionable demonstration, or ought to be (nown to judges because of
their judicial functions.
When court t!e" #u$%c%& not%ce
0. 'uring trial, on any matter allow the parties to be heard thereon
1. .fter trial, and before judgment or on appeal any matter and allow the parties to be heard
thereon if such matter is decisive of a material issue in the case
Her%n' %" nece""r( )hen
0. 'uring the trial, the court
0. motu propio, on re!uest of a party
1. announces its intention to ta(e judicial notice of any matter
2. .fter trial
0. before judgment or on appeal
1. motu propio, on re!uest of a party
2. ta(es judicial notice of any matter, and
3. if such matter is decisive of a material issue in the case
4ence, the court can ta(e judicial notice of any matter during the trial as long as there is a hearing. 5f trial is
already over, the court can ta(e judicial notice only of matters decisive of a material issue in the case as
long as there is a hearing.
In"tnce" o* +u$%c%& $,%""%on"
0. the genuineness and due execution of an actionable document copied or attached to a pleading,
when the other party fails to specifically deny under oath 6Rule 7 879
1. material allegations in the complaint, when the other party fails to specifically deny it 6Rule 7
8009
2. admissions in superseded pleadings, when offered in evidence 6Rule 0: 879
3. act, declaration, or omission of a party as to a relevant fact 6Rule 02: 81;9
<. implied admission of guilt in an offer of compromise by the accused in criminal cases, except
!uasi-offenses and those allowed by law to be compromised 6Rule 02: 81=9
;. admission by silence 6Rule 02: 8219

RULES OF AD-ISSIBILIT. /RULE 1012
>bjects as evidence are those addressed to the senses of the court. /hen an object is relevant to the fact in
issue, it may be exhibited to, examined or viewed by the court.
'ocuments as evidence consist of writings or any material containing letters, words, numbers, figures,
symbols or other modes of written expressions offered as proof of their contents.
Be"t E3%$ence Ru&e /hen the subject of in!uiry is the contents of a document, no evidence shall be
admissible other than the original document itself
Exceptions? /hen the original
0. has been lost or destroyed, or cannot be produced in court, without bad faith on the part of the
offeror;
1. 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;
2. consists of numerous accounts or other documents which cannot be examined in court without
great loss of time and the fact sought to be established from them is only the general result of the
whole; and
3. the original is a public record in the custody of a public officer or is recorded in a public office
Or%'%n& $ocu,ent"
0. one the contents of which are the subject of in!uiry.
1. /hen a document is in two or more copies executed at or about the same time, with identical
contents, all such copies are e!ually regarded as originals.
2. /hen an entry is repeated in the regular course of business, one being copied from another at
or near the time of the transaction, all the entries are li(ewise e!ually regarded as originals
Re4u%"%te" *or $,%""%on o* "econ$r( e3%$ence5 ccor$%n' to 'roun$"
0. the original has been lost or destroyed, or cannot be produced in court
0. prove execution or existence
1. prove cause of unavailability without bad faith of the offeror
2. proof of contents in the following order
09 copy
19 recital of its contents in
a9 some authentic document, or
b9 testimony of witnesses
0. the original is in the custody or under the control of the adverse party
0. adverse party had reasonable notice to produce the original 6Subpoena duces
tecum9
1. proof of the original@s existence
2. adverse party fails to produce the original
3. proof of contents in the following order
09 copy
19 recital of its contents in
a9 some authentic document, or
b9 testimony of witnesses
0. the original consists of numerous accounts or other documents which cannot be examined in
court without great loss of time and the fact sought to be established from them is only the
general result of the whole; and
1. the original is a public record in the custody of a public officer or is recorded in a public office
contents may be proved by a certified copy issued by the public officer in custody thereof
0. Rule 021 81<? /hat attestation of copy must state
09 the copy is a correct copy of the original, or a specific part thereof
19 under the official seal of the attesting officer, if there be any, or if he be the cler( of a court having a
seal, under the seal of such court
0. Rule 021 81=? )ublic record of a private document may be proved by
09 the original record, or
19 by a copy thereof
a9 attested by the legal custodian of the record
b9 with an appropriate certificate that such officer has the custody

Pro& E3%$ence Ru&e? /hen the terms of an, agreement have been reduced to writing, it is considered as
containing all the terms agreed upon and there can be, between the parties and their successors in interest,
no evidence of such terms other than the contents of the written agreement.
Exceptions? a party may present evidence to modify, explain or add to the terms of the written agreement if
he puts in issue in his pleading
0. .n intrinsic ambiguity, mista(e or imperfection in the written agreement
1. failure of the written agreement to express the true intent and agreement of the parties
2. validity of the written agreement; or
3. "he existence of other terms agreed to by the parties or their successors in interest after the
execution of the written agreement
5f the ground is subse!uently-agreed terms, the subse!uently-agreed terms must also be put in issue in the
pleadings.
"he rule applies only to the terms of an agreement. 5f the evidence sought to be admitted refers to matters
other than the terms of the agreement 6e.g. statement of facts9, then the )ER does not apply, such
evidence is admissible.
)ER applies only to the parties to the agreement. 5t does not apply where )ER is invo(ed against a litigant
who is a stranger to the agreement.
Re4u%"%te" *or ,%"t!e " e6ce7t%on to PER
0. mutual between the parties
1. of fact, not of law
2. alleged and put in issue in the pleadings
3. proved by clear and convincing, not merely preponderance of, evidence

)arol Evidence Rule *est Evidence Rule
-o issue as to the contents of a writing 5ssue is contents of a writing
)arol evidence is offered %econdary evidence is offered
)resupposes that original is in court .pplies when the original is not available
Effect is can not add, subtract, or explain the
contents
Effect is can not present any evidence on the
contents other than the original
5nvo(ed only if the controversy is between parties
to the agreement
5nvo(ed by anybody, whether a party to the
instrument or not
.pplies only to agreements and wills .pplies to all (inds of writing
The *o&&o)%n' 7er"on" cnnot 8e )%tne""e"9
6a9 "hose whose mental condition, at the time of their production for examination, is such that they are
incapable of intelligently ma(ing (nown their perception to others;
6b9 &hildren whose mental maturity is such as to render them incapable of perceiving the facts respecting
which they are examined and of relating them truthfully.
,or a mentally defective person to be a witness, he must be mentally capable at the time of production,
even if he was not so at the time of perception. . child must be mentally mature both at the time of
perception and at the time of production. /ith regards to the subject matter of the testimony, we must
ma(e a distinction between absolute dis!ualifications and relative dis!ualifications. >bjections based on
absolute dis!ualifications may be raised upon the calling of the dis!ualified witness. >bjections based on
relative dis!ualifications may be raised when it becomes apparent that the subject matter of the testimony
covers inadmissible matters.
-r%t& D%"4u&%*%ct%on /Sec: 222 -r%t& Co,,un%ct%on" /Sec: 2;2
&overs all matters regardless of source &overs only those communicated by one
spouse to another
.pplies during the marriage .pplies during and after the marriage
. spouse must be a litigant . spouse need not be a litigant
5nvo(ed when a spouse is called to testify 5nvo(ed when the testimony appears to cover
privileged matters

Re4u%"%te" *or $e$ ,n<" "ttute /Sec: 202
0. the witness sought to be dis!ualified is the plaintiff
1. Executor, administrator or representative of a deceased person, or the person of unsound mind
is the defendant
2. upon claim or demand against the estate of such deceased person or against such person of
unsound mind
3. as to any matter of fact occurring before the death of such deceased person or before such
person became of unsound mind.
<. Ano counterclaim is filedB
Pr%3%&e'e$ Co,,un%ct%on /Sec: 2;2
"he 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;
.n attorney cannot, without the consent of his client, be examined as to any communication made by the
client to him, or his advice given thereon in the course of, or with a view to, professional employment, nor
can an attorney@s secretary, stenographer, or cler( be examined, without the consent of the client and his
employer, concerning any fact the (nowledge of which has been ac!uired in such capacity;
. person authoriCed to practice medicine, surgery or obstetrics cannot in a civil case, without the consent of
the patient, be examined as to any advice or treatment given by him or any information which he may have
ac!uired in attending such patient in a professional capacity, which information was necessary to enable him
to act in that capacity, and which would blac(en the reputation of the patient;
. minister or priest cannot, without the consent of the person ma(ing the confession, be examined as to any
confession made to or any advice given by him in his professional character in the course of discipline
enjoined by the church to which the minister or priest belongs;
. public officer cannot be examined during his term of office or afterwards, as to communications made to
him in official confidence, when the court finds that the public interest would suffer by the disclosure.
5n civil cases, an o**er o* co,7ro,%"e is inadmissible regardless of the cause of action. 5n criminal cases,
the general rule is an offer of compromise is admissible. 4owever, it is inadmissible under the following
cases?
0. !uasi-offenses 6criminal negligence9
1. cases allowed by law to be compromised 6e.g. *5R can compromise tax cases9
2. plea of guilty later withdrawn
3. unaccepted offer to plead guilty to a lesser offense
<. offer to pay or payment of expenses occasioned by an injury
;. Athe offer is made only to avoid the conse!uences of litigationB
=.
-ote that the inadmissible offer to pay refers only to expenses occasioned by an injury. 5t does not include
offers to pay other expenses. Ergo, an offer to pay for damages to property is admissible in criminal cases.
,urther note that an offer to pay for expenses other than those occasioned by an injury is inadmissible
in civil cases. "hough the 2
rd
paragraph of 81= excludes in civil cases offers to pay only for expenses
occasioned by an injury, offers to pay for other expenses fall under the general rule that an offer to
compromise in civil cases is not admissible. "he exclusion in civil cases of offers to pay for expenses
occasioned by an injury is merely a superfluity. Even if the exclusion was expressly applied to only criminal
cases, an offer to pay for expenses occasioned by an injury is in the nature of an offer to compromise which
is undoubtedly admissible in civil cases. "he bottomline is? an offer to pay for any expense in civil cases is
inadmissible.
Re4u%"%te" *or $,%""%on 8( "%&ence
0. "he act or declaration is made in the presence and within the hearing or observation of a party
1. "he party does or says nothing
2. "he act or declaration naturally calls for action or comment if not true
3. %uch action or comment is proper and possible on the part of the party.
Re4u%"%te" *or the $,%""%8%&%t( o* con*e""%on
0. the confession must be voluntary;
1. the confession must be made with the assistance of a competent and independent counsel;
2. the confession must be express;
3.. the confession must be in writing.
Te"t%,on%& =no)&e$'e /Her"( Ru&e Sec: 0>2
. witness can testify only to those facts which he (nows of his personal (nowledge; that is, which are
derived from his own perception, except as otherwise provided in these rules.
E6ce7t%on" to the Her"( Ru&e /Sec": 0?@;?2
0. D(%n' $ec&rt%on the declaration of a dying person, made under the consciousness of an
impending death, may be received in any case wherein his death is the subject of in!uiry, as evidence
of the cause and surrounding circumstances of such death.
1. Dec&rt%on '%n"t %ntere"t "he declaration made by a 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
so far contrary to declarant@s own interest, that a reasonable man in his position would not have made
the declaration unless he believed it to be true, may be received in evidence against himself or his
successors in interest and against third persons.
2. Act or $ec&rt%on '%n"t 7e$%'ree "he act or declaration of a person deceased, or unable to
testify, in respect to the pedigree of another person related to him by birth or marriage, 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. "he word #pedigree$ includes
relationship, family genealogy, birth, marriage, death, the dates when and the places where these
facts occurred, and the names of the relatives. 5t embraces also facts of family history intimately
connected with pedigree.
3. F,%&( re7utt%on or tr$%t%on re'r$%n' 7e$%'ree "he reputation or tradition existing in a
family previous to the controversy, in respect to the pedigree of any one of its members, may be
received in evidence if the witness testifying thereon be also a member of the family, either by
consanguinity or affinity. Entries in family bibles or other family boo(s or charts, engravings on rings,
family portraits and the li(e, may be received as evidence of pedigree.
<. Co,,on re7utt%on &ommon reputation existing previous to the controversy, respecting facts
of public or general interest more than thirty years old, or respecting marriage or moral character,
may be given in evidence. onuments and inscriptions in public places may be received as evidence of
common reputation.
;. Prt" o* the re" 'e"te %tatements made by a person while a startling occurrence is ta(ing
place or immediately prior or subse!uent thereto with respect to the circumstances thereof, may be
given in evidence as part of the res gestae. %o, also, statements accompanying an e!uivocal act
material to the issue, and giving it a legal significance, may be received as part of the res gestae.
=. Entr%e" %n the cour"e o* 8u"%ne"" Entries made at, or near the time of the transactions to
which they refer, by a person deceased, or unable to testify, who was in a position to (now the facts
therein stated, may be received as prima facie evidence, if such person made the entries in his
professional capacity or in the performance of duty and in the ordinary or regular course of business or
duty.
7. Entr%e" %n o**%c%& recor$" Entries in official records made in the performance of his duty by a
public officer of the )hilippines, or by a person in the performance of a duty specially enjoined by law,
are prima facie evidence of the facts therein stated.
D. Co,,erc%& &%"t" n$ the &%!e 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.
0:. Lerne$ tret%"e" . 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 ta(es
judicial notice, or a witness expert in the subject testifies that the writer of the statement in the
treatise, periodical or pamphlet is recogniCed in his profession or calling as expert in the subject.
00. Te"t%,on( or $e7o"%t%on t *or,er 7rocee$%n' "he testimony or deposition of a witness
deceased or 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.
ER? "he opinion of a witness is not admissible. 6%ec. 379
Exceptions? .dmissible opinion evidence
0. a matter re!uiring special (nowledge, s(ill, experience or training which he is shown to possess,
may be received in evidence.
1. the identity of a person about whom he has ade!uate (nowledge;
2. a handwriting with which he has sufficient familiarity
3. the mental sanity of a person with whom he is sufficiently ac!uainted.
<. his impressions of the emotion, behavior, condition or the appearance of a person
ER? &haracter evidence not generally admissible 6%ec. <09
Exceptions
0. 5n &riminal &ases?
0. accused may prove his good moral character which is pertinent to the moral trait
involved in the offense charged.
1. 5n rebuttal, the prosecution may prove the bad moral character of the accused
which is pertinent it to the moral trait involved in the offense charged.
2. moral 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.
3. 5n &ivil &ases only when pertinent to the issue of character involved in the case.
<. good character of an impeached witness

BURDEN OF PROOF /RULE 1012
*urden of proof the duty of a party to present evidence on the facts in issue necessary to establish his
claim or defense by the amount of evidence re!uired by law
In"tnce" o* conc&u"%3e 7re"u,7t%on"
0. a party has, by his own declaration, act, or omission, intentionally and deliberately led another
to believe a particular thing true, and to act upon such belief, he cannot, in any litigation arising
out of such declaration, act or omission, be permitted to falsify it?
1. "he tenant is not permitted to deny the title of his landlord at the time of the commencement of
the relation of landlord and tenant between them.
Sttutor( %n"tnce" o* e"to77e&
0. non-owner transferor who later ac!uires title passes ownership to the transferee by operation of
law 6.rt. 0323 -&&9
1. agent who alienates can not claim title against the transferee 6.rt. 032< -&&9
2. a lessee or a bailee is estopped from asserting title to the thing leased or received, as against
the lessor or bailor. 6.rt. 032; -&&9
3. in a contract between 2
rd
persons concerning immovable property, one of them is misled by a
person with respect to the ownership or real right over the real estate, the latter is precluded from
asserting his legal title or interest therein, provided all these re!uisites are present?
0. fraudulent representation or wrongful concealment of facts (nown to the party
estopped;
1. party precluded must intend that the other should act upon the facts as
misrepresented;
2. party misled must have been unaware of the true facts; and
3. party defrauded must have acted in accordance with the misrepresentation. 6.rt.
032= -&&9
<. >ne who has allowed another to assume apparent ownership of personal property
for the purpose of ma(ing any transfer of it, cannot, if he received the sum for which a
pledge has been constituted, set up his own title to defeat the pledge of the property,
made by the other to a pledgee who received the same in good faith and for value. 6.rt.
0327 -&&9
'isputable presumptions "he following presumptions are satisfactory if uncontradicted, but may be
contradicted and overcome by other evidence?
6a9 "hat a person is innocent of crime or wrong;
6b9 "hat an unlawful act was done with an unlawful intent;
6c9 "hat a person intends the ordinary conse!uences of his voluntary act;
6d9 "hat a person ta(es ordinary care of his concerns;
6e9 "hat evidence willfully suppressed would be adverse if produced;
6f9 "hat money paid by one to another was due to the latter;
6g9 "hat a thing delivered by one to another belonged to the latter;
6h9 "hat an obligation delivered up to the debtor has been paid;
6i9 "hat prior rents or installments had been paid when a receipt for the later ones is produced;
6j9 "hat a person found in possession of a thing ta(en in the doing of a recent wrongful act is the ta(er and
the doer of the whole act; otherwise, that things which a person possesses, or exercises acts of ownership
over, are owned by him;
6(9 "hat a person in possession of an order on himself for the payment of the money, or the delivery of
anything, has paid the money or delivered the thing accordingly;
609 "hat a person acting in a public office was regularly appointed or elected to it;
6m9 "hat official duty has been regularly performed;
6n9 "hat a court, or judge acting as such, whether in the )hilippines or elsewhere, was acting in the lawful
exercise of jurisdiction;
6o9 "hat all the matters within an issue raised in a case were laid before the court and passed upon by it;
and in li(e manner that all matters within an issue raised in a dispute submitted for arbitration were laid
before the arbitrators and passed upon by them;
6p9 "hat private transactions have been fair and regular;
6!9 "hat the ordinary course of business has been followed;
6r9 "hat there was a sufficient consideration for a contract;
6s9 "hat a negotiable instrument was given or indorsed for a sufficient consideration;
6t9 "hat an indorsement of a negotiable instrument was made before the instrument was overdue and at the
place where the instrument is dated;
6u9 "hat a writing is truly dated;
6v9 "hat a letter duly directed and mailed was received in the regular course of the mail;
6w9 "hat after an absence of seven years, it being un(nown whether or not the absentee still lives, he is
considered dead for all purposes, except for those of succession.
"he absentee shall not be considered dead for the purpose of opening his succession till after an absence of
ten years. 5f he disappeared after the age of seventy-five years, an absence of five years shall be sufficient
in order that his succession may be opened.
The *o&&o)%n' "h&& 8e con"%$ere$ $e$ *or && 7ur7o"e" %nc&u$%n' the $%3%"%on o* the e"tte ,on'
the he%r"9
609 . person on board a vessel lost during a sea voyage, or an aircraft which is missing, who has not been
heard of for four years since the loss of the vessel or aircraft;
619 . member of the armed forces who has ta(en part in armed hostilities, and has been missing for four
years;
629 . person who has been in danger of death under other circumstances and whose existence has not been
(nown for four years;
639 5f a married person has been absent for four consecutive years, the spouse present may contract a
subse!uent marriage if he or she has a well-founded belief that the absent spouse is already dead. 5n case
of disappearance, where there is danger of death under the circumstances hereinabove provided, an
absence of only two years shall be sufficient for the purpose of contracting a subse!uent marriage. 4owever,
in any case, before marrying again, the spouse present must institute a summary proceeding as provided in
the ,amily &ode and in the rules for a declaration of presumptive death of the absentee, without prejudice
to the effect of reappearance of the absent spouse.

6x9 "hat ac!uiescence resulted from a belief that the thing ac!uiesced in was conformable to the law or fact;
6y9 "hat things have happened according to the ordinary course of nature and the ordinary habits of life;
6C9 "hat persons acting as copartners have entered into a contract of copartnership;
6aa9 "hat a man and woman deporting themselves as husband and wife have entered into a lawful contract
of marriage;
6bb9 "hat property ac!uired by a man and a woman who are capacitated to marry each other and who live
exclusively with each other as husband and wife without the benefit of marriage or under a void marriage,
has been obtained by their joint efforts, wor( or industry.
6cc9 "hat in cases of cohabitation by a man and a woman who are not capacitated to marry each other and
who have ac!uired property through their actual joint contribution of money, property or industry, such
contributions and their corresponding shares including joint deposits of money and evidences of credit are
e!ual.
6dd9 "hat if the marriage is terminated and the mother contracted another marriage within three hundred
days after such termination of the former marriage, these rides shall govern in the absence of proof to the
contrary?
609 . child born before one hundred eighty days after the solemniCation of the subse!uent marriage is
considered to have been conceived during the former marriage, provided it be born within three hundred
days after the termination of the former marriage;
619 . child born after one hundred eighty days following the celebration of the subse!uent marriage is
considered to have been conceived during such marriage, even though it be born within the three hundred
days after the termination of the former marriage.

6ee9 "hat a thing once proved to exist continues as long as is usual with things of that nature;
6ff9 "hat the law has been obeyed;
6gg9 "hat a printed or published boo(, purporting to be printed or published by public authority, was so
printed or published;
6hh9 "hat a printed or published boo(, purporting to contain reports of cases adjudged in tribunals of the
country where the boo( is published, contains correct reports of such cases;
6ii9 "hat a trustee or other person whose duty it was to convey real property to a particular person has
actually conveyed it to him when such presumption is necessary to perfect the title of such person or his
successor in interest;
6jj9 "hat except for purposes of succession, when two persons perish in the same calamity, such as wrec(,
battle, or conflagration, and it is not shown who died first, and there are no particular circumstances from
which it can be inferred, the survivorship is determined from the probabilities resulting from the strength
and age of the sexes, according to the following rules?
0. 5f both were under the age of fifteen years, the older is deemed to have survived;
1. 5f both were above the age of sixty, the younger is deemed to have survived;
2. 5f one is under fifteen and the other above sixty, the former is deemed to have survived;
3. 5f both be over fifteen and under sixty, and the sex be different, the male is deemed to have survived; if
the sex be the same, the older;
<. 5f one be under fifteen or over sixty, and the other between those ages, the latter is deemed to have
survived.

6((9 "hat if there is a doubt, as between two or more persons who are called to succeed each other, as to
which of them died first, whoever alleges the death of one prior to the other, shall prove the same; in the
absence of proof, they shall be considered to have died at the same time.

PRESENTATION OF EVIDENCE /RULE 1022
"he order in which an individual witness may be examined is as follows?
0. 'irect examination by the proponent the examination-in-chief of a witness by the party presenting him
on the facts relevant to the issue.
1. &ross-examination by the opponent Fpon the termination of the direct examination, the witness may
be cross-examined by the adverse party as to any matters stated in the direct examination, or connected
therewith, with sufficient fullness and freedom to test his accuracy and truthfulness and freedom from
interest or bias, or the reverse, and to elicit all important facts bearing upon the issue.
2. Re-direct examination by the proponent .fter the cross-examination of the witness has been concluded,
he may be re-examined by the party calling him, to explain or supplement his answers given during the
cross-examination. >n re-direct examination, !uestions on matters not dealt with during the cross-
examination, may be allowed by the court in its discretion.
3. Re-cross-examination by the opponent Fpon the conclusion of the re-direct examination, the adverse
party may re-cross-examine the witness on matters stated in his re-direct examination, and also on such
other matters as may be allowed by the court in its discretion.
Geading !uestions a !uestion which suggests to the witness the answer which the examining party desires
ER? Geading !uestions not allowed.
Exceptions
0. cross examination;
1. )reliminary matters;
2. difficulty in getting direct and intelligible answers from a witness who is
0. ignorant, or
1. a child of tender years, or
2. feeble mind, or
3. a deaf-mute;
<. unwilling or hostile witness; or
;. witness is an adverse party or an officer, director, or managing agent of a public or
private corporation or of a partnership or association which is an adverse party.
isleading !uestion one which assumes as true a fact not yet testified to by the witness, or contrary to
that which he has previously stated.
isleading !uestions are never allowed. -o exceptions.
Sec: 11: Impeachment of adverse partys witness. . witness may be impeached by the party against
whom he was called, by contradictory evidence, by evidence that his general reputation for truth, honesty,
or integrity is bad, or by evidence that he has made at other times statements inconsistent with his present
testimony, but not by evidence of particular wrongful acts, except that it may be shown by the examination
of the witness, or the record of the judgment, that he has been convicted of an offense.
ER? "he party producing a witness is not allowed to impeach his credibility.
Exceptions? /hen party may impeach his own witness 6except evidence of bad character9
0. an unwilling or hostile witness; or
1. a witness who is an adverse party or an officer, director, or managing agent of a public or
private corporation or of a partnership or association which is an adverse party.
Erounds for declaring a witness unwilling or hostile
0. adverse interest
1. unjustified reluctance to testify, or
2. misled the party into calling him to the witness stand.
&onse!uences of being an unwilling, hostile, or adverse witness
0. may be impeached by the proponent, except by evidence of bad character
1. may also be impeached by the opponent
2. may be cross-examined by the opponent, only on the subject matter of his direct examination
3. proponent may as( leading !uestions
%ec. 2;. >bjection to evidence offered orally must be made immediately after the offer is made.
>bjection to a !uestion propounded in the course of the oral examination of a witness shall be made as soon
as the grounds therefor shall become reasonably apparent.
.n offer of evidence in writing shall be objected to within three 629 days after notice of the offer unless a
different period is allowed by the court.
5n any case, the grounds for the objections must be specified.
Aroun$" *or o8#ect%on 4earsay, argumentative, leading, misleading, incompetent, irrelevant, best
evidence rule, parol evidence rule, !uestion has no basis
When e3%$ence con"%$ere$ o**ere$
People v. Franco, 1;D %&R. 100 60DD=9 "he court shall consider no evidence, even an extra-judicial
confession, which has not been formally offered. ere fact that evidence has been identified and mar(ed in
the course of the examination of a witness, without the contents being recited in his testimony, does not
mean that it has been formally offered as evidence. 5dentification of documentary evidence is done in the
course of the trial and is accompanied by the mar(ing of the evidence as an exhibit, while the formal offer of
documentary evidence is done only when the party rests its case.
Philippine Bank of Commerce v. CA, 0D< %&R. <;= 60DD09 /here the genuineness and due execution of
documents of an instrument attached to a complaint are deemed admitted by failure to specifically deny it
under oath, such instruments are considered as evidence although they were not formally offered.
Rule 7, %ec. 7. How to contest such documents. H /hen an action or defense is founded upon a written
instrument, copied in or attached to the corresponding pleading as provided in the preceding section, the
genuineness and due execution of the instrument shall be deemed admitted unless the adverse party, under
oath, specifically denies them, and sets forth what he claims to be the facts; but the re!uirement of an oath
does not apply when the adverse party does not appear to be a party to the instrument or when compliance
with an order for an inspection of the original instrument is refused.
When o8#ect%on "hou&$ 8e ,$e
People v. Java, 11= %&R. ;;7 60DD29 >bjection to testimony on the ground of lac( of a formal offer of the
testimony should be done when the witness was called to testify.
Interpacific ransit! Inc. v. Aviles, 07; %&R. 27< 60DD:9 >bjection to documentary evidence must be made
at the time it is formally offered 6i.e. when the party rests its case9 as an exhibit and not before. >bjection
prior to that time 6e.g. identification of the evidence9 is premature. ere identification and mar(ing is not
e!uivalent to a formal offer of the evidence. . party may decide to not offer evidence already identified and
mar(ed.

WEIAHT AND SUFFICIENC. OF EVIDENCE /RULE 1002
5n civil cases, the party having the burden of proof must establish his case by a preponderance of evidence.
5n determining where the preponderance or superior weight of evidence on the issues involved lies, the
court may consider
0. all the facts and circumstances of the case
1. the witnesses@ manner of testifying
2. their intelligence
3. their means and opportunity of (nowing the facts to which they are testifying
<. the nature of the facts to which they testify
;. the probability or improbability of their testimony
=. their interest or want of interest
7. their personal credibility so far as the same may legitimately appear upon the trial.
D. number of witnesses, though the preponderance is not necessarily with the greater number.
. cause of action on the ground of reformation of instrument must be proven by clear and convincing
evidence.
5n a criminal case, the accused is entitled to an ac!uittal, unless his guilt is shown beyond reasonable doubt.
)roof beyond reasonable doubt does not mean such a degree of proof as, excluding possibility of error,
produces absolute certainty. oral certainty only is re!uired, or that degree of proof which produces
conviction in an unprejudiced mind.
. defense of self-defense must be proven by clear and convincing evidence.
5n cases filed before administrative or !uasi-judicial bodies, a fact may be deemed established if it is
supported by substantial evidence
%ubstantial evidence that amount of relevant evidence which a reasonable mind might accept as ade!uate
to justify a conclusion
Eenerally, the motive of the accused is immaterial in a criminal case, not being an essential element of the
crime, hence, it does not need to be proved.
Exceptions?
0. when there is no eyewitness and the suspicion is li(ely to fall on a considerable number of persons;
1. when there is doubt as to whether the accused is or is not the person who committed the offense;
2. when it is necessary to determine the sanity of the accused or the voluntariness of the act, the specific
nature of the crime committed, or whether the shooting was intentional or accidental;
3. when the accused interposes self-defense or defense of stranger.
H- > H-