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  The Lawphil Project – Arellano Law Foundation REVISED RULES ON EVIDENCE(Rules 128-134, Rules of Court)AS AMENDED ER RESOLU!IONADO!ED ON MARC 14, 1#8# AR! IVRULES O$ EVIDENCERULE 128%e&er'l roso&sSe*to& 1+  Evidence defined  . — Evidence is the means, sanctioned by these rules, of ascertaining in a judicial proceeding the truth respecting a matter of fact. (1) Se*to& 2+ Scope . — The rules of evidence shall be the same in all courts and in all trials andhearings, except as otherise provided by la or these rules. (!a) Se*to& 3+  Admissibility of evidence . — Evidence is admissible hen it is relevant to the issue and isnot excluded by the la of these rules. ( a) Se*to& 4+  Relevancy # collateral matters . — Evidence must have such a relation to the fact in issue asto induce belief in its existence or non$existence. Evidence on collateral matters shall not be alloed,except hen it tends in any reasonable degree to establish the probability or improbability of the fact inissue. (%a) RULE 12#'t Nee. Not /e roe.Se*to& 1+  Judicial notice, when mandatory . — & court shall ta'e judicial notice, ithout theintroduction of evidence, of the existence and territorial extent of states, their political history, forms of government and symbols of nationality, the la of nations, the admiralty and maritime courts of theorld and their seals, the political constitution and history of the hilippines, the official acts of legislative, executive and judicial departments of the hilippines, the las of nature, the measure of time,and the geographical divisions. (1a) Se*to& 2+  Judicial notice, when discretionary . — & court may ta'e judicial notice of matters hichare of public 'noledge, or are capable to unuestionable demonstration, or ought to be 'non to judges because of their judicial functions. (1a) Se*to& 3+  Judicial notice, when hearing necessary . — *uring the trial, the court, on its oninitiative, or on reuest of a party, may announce its intention to ta'e judicial notice of any matter andallo the parties to be heard thereon.&fter the trial, and before judgment or on appeal, the proper court, on its on initiative or on reuest of a party, may ta'e judicial notice of any matter and allo the parties to be heard thereon if such matter isdecisive of a material issue in the case. (n) Se*to& 4+  Judicial admissions . — &n admission, verbal or ritten, made by the party in the courseof the proceedings in the same case, does not reuire proof. The admission may be contradicted only byshoing that it as made through palpable mista'e or that no such admission as made. (!a)  RULE 130Rules of A.ssltA+ O/EC! (REAL) EVIDENCESe*to& 1+ Object as evidence . — +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 vieed by the court.(1a) /+ DOCUMEN!AR5 EVIDENCESe*to& 2+  Documentary evidence . — *ocuments as evidence consist of riting or any materialcontaining letters, ords, numbers, figures, symbols or other modes of ritten expression offered as proof of their contents. (n) 1+ /est E.e&*e RuleSe*to& 3+ Original document must be produced  # eceptions . — hen the subject of inuiry is thecontents of a document, no evidence shall be admissible other than the srcinal document itself, except inthe folloing cases-(a)hen the srcinal has been lost or destroyed, or cannot be produced in court, ithout bad faith onthe part of the offeror#(b)hen the srcinal is in the custody or under the control of the party against hom the evidence isoffered, and the latter fails to produce it after reasonable notice#(c)hen the srcinal consists of numerous accounts or other documents hich cannot be examinedin court ithout great loss of time and the fact sought to be established from them is only the generalresult of the hole# and(d)hen the srcinal is a public record in the custody of a public officer or is recorded in a publicoffice. (!a) Se*to& 4+ Original of document  . — (a)The srcinal of the document is one the contents of hich are the subject of inuiry.(b)hen a document is in to or more copies executed at or about the same time, ith identicalcontents, all such copies are eually regarded as srcinals.(c)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'eise eually regarded as srcinals. ( a) 2+ Se*o&.'r E.e&*eSe*to& 6+ !hen srcinal document is unavailable . — hen the srcinal document has been lost or destroyed, or cannot be produced in court, the offeror, upon proof of its execution or existence and thecause of its unavailability ithout bad faith on his part, may prove its contents by a copy, or by a recitalof its contents in some authentic document, or by the testimony of itnesses in the order stated. (%a) Se*to& 7+ !hen srcinal document is in adverse party s custody or control  . — f the document is inthe custody or under the control of adverse party, he must have reasonable notice to produce it. f after such notice and after satisfactory proof of its existence, he fails to produce the document, secondaryevidence may be presented as in the case of its loss. (/a) Se*to& +  Evidence admissible when srcinal document is a public record  . — hen the srcinal 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. (!a) Se*to& 8+  #arty who calls for document not bound to offer it  . — & party ho calls for the productionof a document and inspects the same is not obliged to offer it as evidence. (0a) 3+ 'rol E.e&*e Rule  Se*to& #+ Evidence of ritten agreements. — hen the terms of an agreement have been reduced toriting, it is considered as containing all the terms agreed upon and there can be, beteen the parties andtheir successors in interest, no evidence of such terms other than the contents of the ritten agreement.oever, a party may present evidence to modify, explain or add to the terms of ritten agreement if he puts in issue in his pleading-(a)&n intrinsic ambiguity, mista'e or imperfection in the ritten agreement#(b)The failure of the ritten agreement to express the true intent and agreement of the partiesthereto#(c)The validity of the ritten agreement# or (d)The existence of other terms agreed to by the parties or their successors in interest after theexecution of the ritten agreement.The term 2agreement2 includes ills. (3a) 4+ I&ter9ret'to& Of Do*ue&tsSe*to& 10+  $nterpretation of a writing according to its legal meaning  . — The language of a riting isto be interpreted according to the legal meaning it bears in the place of its execution, unless the partiesintended otherise. (4) Se*to& 11+  $nstrument construed so as to give effect to all provisions . — n the construction of aninstrument, here there are several provisions or particulars, such a construction is, if possible, to beadopted as ill give effect to all. (5) Se*to& 12+  $nterpretation according to intention #  general and particular provisions . — n theconstruction of an instrument, the intention of the parties is to be pursued# and hen a general and a particular provision are inconsistent, the latter is paramount to the former. 6o a particular intent illcontrol a general one that is inconsistent ith it. (17) Se*to& 13+  $nterpretation according to circumstances . — 8or the proper construction of aninstrument, the circumstances under hich it as made, including the situation of the subject thereof andof the parties to it, may be shon, so that the judge may be placed in the position of those ho languagehe is to interpret. (11) Se*to& 14+  #eculiar signification of terms . — The terms of a riting are presumed to have been usedin their primary and general acceptation, but evidence is admissible to sho that they have a local,technical, or otherise peculiar signification, and ere so used and understood in the particular instance,in hich case the agreement must be construed accordingly. (1!) Se*to& 16+ !ritten words control printed  . — hen an instrument consists partly of ritten ords and partly of a printed form, and the to are inconsistent, the former controls the latter. (1 ) Se*to& 17+  Eperts and interpreters to be used in eplaining certain writings . — hen the charactersin hich an instrument is ritten are difficult to be deciphered, or the language is not understood by thecourt, the evidence of persons s'illed in deciphering the characters, or ho understand the language, isadmissible to declare the characters or the meaning of the language. (1%) Se*to& 1+ Of %wo constructions, which preferred  . — hen the terms of an agreement have beenintended in a different sense by the different parties to it, that sense is to prevail against either party inhich he supposed the other understood it, and hen different constructions of a provision are otheriseeually proper, that is to be ta'en hich is the most favorable to the party in hose favor the provisionas made. (1/) Se*to& 18+ &onstruction in favor of natural right  . — hen an instrument is eually susceptible of to interpretations, one in favor of natural right and the other against it, the former is to be adopted. (10) Se*to& 1#+  $nterpretation according to usage . — &n instrument may be construed according to usage,in order to determine its true character. (13)  C+ !ES!IMONIAL EVIDENCE1+ :u'lf*'to& of t&essesSe*to& 20+ !itnesses # their 'ualifications . — Except as provided in the next succeeding section, all persons ho can perceive, and perceiving, can ma'e their 'non perception to others, may be itnesses.9eligious or political belief, interest in the outcome of the case, or conviction of a crime unless otherise provided by la, shall not be ground for disualification. (14a) Se*to& 21+  Dis'ualification by reason of mental incapacity or immaturity . — The folloing personscannot be itnesses-(a)Those hose mental condition, at the time of their production for examination, is such that theyare incapable of intelligently ma'ing 'non their perception to others#(b):hildren hose mental maturity is such as to render them incapable of perceiving the factsrespecting hich they are examined and of relating them truthfully. (15a) Se*to& 22+  Dis'ualification by reason of marriage . — *uring their marriage, neither the husband nor the ife may testify for or against the other ithout the consent of the affected spouse, except in a civilcase by one against the other, or in a criminal case for a crime committed by one against the other or thelatter;s direct descendants or ascendants. (!7a) Se*to& 23+  Dis'ualification by reason of death or insanity of adverse party . — arties or assignor of  parties to a case, or persons in hose behalf a case is prosecuted, against an executor or administrator or other representative of a deceased person, or against a person of unsound mind, upon a claim or demandagainst the estate of such deceased person or against such person of unsound mind, cannot testify as toany matter of fact occurring before the death of such deceased person or before such person became of unsound mind. (!7a) Se*to& 24+  Dis'ualification by reason of privileged communication . — The folloing persons cannottestify as to matters learned in confidence in the folloing cases-(a)The husband or the ife, during or after the marriage, cannot be examined ithout the consent of the other as to any communication received in confidence by one from the other during the marriageexcept in a civil case by one against the other, or in a criminal case for a crime committed by oneagainst the other or the latter;s direct descendants or ascendants#(b)&n attorney cannot, ithout 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 ith a vie to, professionalemployment, nor can an attorney;s secretary, stenographer, or cler' be examined, ithout the consentof the client and his employer, concerning any fact the 'noledge of hich has been acuired in suchcapacity#(c)& person authori<ed to practice medicine, surgery or obstetrics cannot in a civil case, ithout theconsent of the patient, be examined as to any advice or treatment given by him or any informationhich he may have acuired in attending such patient in a professional capacity, hich informationas necessary to enable him to act in capacity, and hich ould blac'en the reputation of the patient#(d)& minister or priest cannot, ithout the consent of the person ma'ing the confession, be examinedas 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 hich the minister or priest belongs#(e)& public officer cannot be examined during his term of office or afterards, as to communicationsmade to him in official confidence, hen the court finds that the public interest ould suffer by thedisclosure. (!1a) 2+ !esto&'l rle;eSe*to& 26+  #arental and filial privilege . — =o person may be compelled to testify against his parents,other direct ascendants, children or other direct descendants. (!7a)
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