Rules on Electronic Evidence

Evidence defined

Section 1.

Evidence defined. - Evidence is the means, sanctioned by these rules, of ascertaining in a judicial proceeding the truth respecting a matter of fact. (1)

Scope

Section 2.

Scope. - The rules of evidence shall be the same in all courts and in all trials and hearings, except as otherwise provided by law or these rules. (2)

Admissibility of evidence

Section 3.

Admissibility of evidence. - Evidence is admissible when it is relevant to the issue and not excluded by—the Constitution, the law or these Rules. (3a)

Relevancy; collateral matters

Section 4.

Relevancy; collateral matters. - Evidence must have such a relation to the fact in issue as to induce belief in its existence or non-existence. Evidence on collateral matters shall not be allowed, except when it tends in any reasonable degree to establish the probability or improbability of the fact in issue. (4)

RULE 129 WHAT NEED NOT BE PROVED

When original document is unavailable

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 recital of its contents in some authentic document, or by the testimony of witnesses in the order stated. (5a)

When original document is in adverse party's custody or control

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 the 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. (6a)

Summaries

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.—(n)

Evidence admissible when original document is a public record

Section 8.

Evidence admissible when original document is a public record. — When the original of a document is in the custody of a 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)

Party who calls for document not bound to offer it

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. (8)

3. Parol Evidence Rule

Evidence of written agreements

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 the written agreement if he—or she—puts in issue in—a verified—pleading:

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

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

(c) The validity of the written agreement; or

(d) 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)

4. Interpretation of Documents

Interpretation of a writing according to its legal meaning

Section 11.

Interpretation of a writing according to its legal meaning. — The language of a writing is to be interpreted according to the legal meaning it bears in the place of its execution, unless the parties intended otherwise. (10)

Instrument construed so as to give effect to all provisions

Section 12.

Instrument construed so as to give effect to all provisions. — In the construction of an instrument, where there are several provisions or particulars, such a construction is, if possible, to be adopted as will give effect to all. (11)

Interpretation according to intention; general and particular provisions

Section 13.

Interpretation according to intention; general and particular provisions. — In the construction of an instrument, the intention of the parties is to be pursued; and when a general and a particular provision are inconsistent, the latter is paramount to the former. So a particular intent will control a general one that is inconsistent with it. (12)

Interpretation according to circumstances

Section 14.

Interpretation according to circumstances. — For the proper construction of an instrument, the circumstances under which it was made, including the situation of the subject thereof and of the parties to it, may be shown, so that the judge may be placed in the position of those whose language he—or she—is to interpret. (13a)

Peculiar signification of terms

Section 15.

Peculiar signification of terms. — The terms of a writing are presumed to have been used in their primary and general acceptation, but evidence is admissible to show that they have a local, technical, or otherwise peculiar signification, and were so used and understood in the particular instance, in which case the agreement must be construed accordingly. (14)

Written words control printed

Section 16.

Written words control printed. — When an instrument consists partly of written words and partly of a printed form, and the two are inconsistent, the former controls the latter. (15)

Experts and interpreters to be used in explaining certain writings

Section 17.

Experts and interpreters to be used in explaining certain writings. —— When the characters in which an instrument is written are difficult to be deciphered, or the language is not understood by the court, the evidence of persons skilled in deciphering the characters, or who understand the language, is admissible to declare the characters or the meaning of the language. (16)

Of two constructions, which preferred

Section 18.

Of two constructions, which preferred .—— When the terms of an agreement have been intended in a different sense by the different parties to it, that sense is to prevail against either party in which he—or she—supposed the other understood it, and when different constructions of a provision are otherwise equally proper, that is to be taken which is the most favorable to the party in whose favor the provision was made. (17a)

Construction in favor of natural right

Section 19.

Construction in favor of natural right . — When an instrument is equally susceptible of two interpretations, one in favor of natural right and the other against it, the former is to be adopted. (18)

Interpretation according to usage

Section 20.

Interpretation according to usage. — An instrument may be construed according to usage, in order to determine its true character. (19)

C. TESTIMONIAL EVIDENCE

1. Qualification of Witnesses

Witnesses; their qualifications

Section 21.

Witnesses; their qualifications. - All persons who can perceive, and perceiving, can make known their 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 a ground for disqualification.(20)

[Section 21.—Disqualification by reason of mental incapacity or immaturity. (Deleted)]

Testimony confined to personal knowledge

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. (36a)

Disqualification by reason of marriage

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. (22a)

Disqualification by reason of privileged communications

Section 24.

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

(a) 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.

(b) An attorney—or person reasonably believed bv 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—or her—employer, concerning any fact the knowledge of which has been acquired in such capacity,—except in the following cases

(i) 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;

(ii) 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;

(iii) 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;

(iv) 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

(v) 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.

(c) 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:

(a) A person licensed to practice medicine engaged in the diagnosis or treatment of a mental or emotional condition, or

(b) A person licensed as a psychologist by the government while similarly engaged.

(d) 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.

(e) 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.—(24a)

2. Testimonial Privilege

Parental and filial privilege

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.—(25a)

Privilege relating to trade secrets

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.—(n)

3. Admissions and Confessions

Admission of a party

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. (26a)

Offer of compromise not admissible

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 a 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. (27a)

Admission by third party

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. (28)

Admission by co-partner or agent

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. (29a)

Admission by conspirator

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. (30a)

Admission by privies

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.—(31a)

Admission by silence

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—or her—to do so, may be given in evidence against him—or her. (32a)

Confession

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. (33a)

4. Previous Conduct As Evidence

Similar acts 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. (34a)

Unaccepted offer

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. (35)

[Sec. 36.—Testimony generally confined to personal knowledge; hearsay excluded.—(Transposed to Sec. 22.—Testimony confined to personal knowledge.)]

5.—Hearsay

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.—(n)

6. Exceptions To The Hearsay Rule

Dying declaration

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. (37a)

Statement of decedent or person of unsound mind

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.—(23a)

Declaration against interest

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 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.—(38a)

Act or declaration about pedigree

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 facts occurred, and the names of the relatives. It embraces also facts of family history intimately connected with pedigree. (39a)

Family reputation or tradition regarding pedigree

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, affinity,—or adoption. Entries in family bibles or other family books or charts, engraving on rings, family portraits and the like, may be received as evidence of pedigree. (40a)

Common reputation

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. (41a)

Part of the res gestae

Section 44.

Part of the res gestae. — Statements made by a person while a startling 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 the 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. (42a)

Records of regularly conducted business activity

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.—(43a)

Entries in official records

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. (44a)

Commercial lists and the like

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. (45)

Learned treatises

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. (46a)

Testimony or deposition at a former proceeding

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. (47a)

Residual exception

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 (a) the statement is offered as evidence of a material fact; (b) 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 (c) the general purposes of these rules and the interests of justice will be best served bv 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.—(n)

7. Opinion Rule

General rule

Section 51.

General rule. - The opinion of a witness is not admissible, except as indicated in the following sections. (48)

Opinion of expert witness

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 possess, may be received in evidence. (49a)

Opinion of ordinary witnesses

Section 53.

Opinion of ordinary witnesses. - The opinion of a witness, for which proper basis is given, may be received in evidence regarding -

(a) The identity of a person about whom he—or she—has adequate knowledge;

(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 acquainted.

The witness may also testify on his—or her—impressions of the emotion, behavior, condition or appearance of a person. (50a)

8. Character Evidence

Character evidence not generally admissible; exceptions

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:

(a) In Criminal Cases:

(1) 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.

(2) The accused may prove his—or her—good moral character, pertinent to the moral trait involved in the offense charged. ℒαwρhi৷ —However, the prosecution may not prove his—or her—bad moral character unless on rebuttal.

(b) In Civil Cases:

Evidence of the moral character of a party in a civil case is admissible only when pertinent to the issue of character involved in the case.

(c) 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.—(51a; 14, Rule 132)

RULE 131 BURDEN OF PROOF,—BURDEN OF EVIDENCE—AND PRESUMPTIONS