Rule 130 of the Rules of Court, which covers the admissibility of evidence in legal proceedings in the

Philippines:

A. OBJECT (REAL) EVIDENCE

1. Object as evidence: This section explains that objects presented as evidence in court must appeal to
the senses of the court and must be relevant to the fact in issue.

B. DOCUMENTARY EVIDENCE

1. Best Evidence Rule:

- Section 3: The original document must be produced as evidence. Exceptions include situations where
the original is lost, destroyed, in the custody of the opposing party, or when examining all originals
would cause undue delay.

- Section 4: Explains what constitutes an "original document" and how duplicates or copies are treated.

(a) The original of the document is one the contents of which are the subject of inquiry.

(b) When a document is in two or more copies executed at or about the same time, with
identical contents, all such copies are equally regarded as originals.

(c) When 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 likewise equally regarded as originals.

2. Secondary Evidence:

- Section 5: Describes when secondary evidence (e.g., copies) can be used if the original document is
unavailable.

- Section 6: Explains the procedure for presenting secondary evidence when the original is in the
custody of the opposing party.

- Section 7: Allows the use of certified copies of public records as evidence.

3. Parol Evidence Rule:

- Section 9: Generally prohibits the introduction of extrinsic evidence to modify, explain, or add terms
to a written agreement unless certain exceptions are met.

(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.

4. Interpretation of Documents:

- Sections 10-19: Provide rules for interpreting written agreements, including legal meanings,
conflicting provisions, interpreting intentions, and considering circumstances.

1. **Interpretation according to legal meaning (Section 10)**:

- This section states that the language of a writing should be interpreted according to the legal
meaning it bears in the place where it was executed, unless the parties intended otherwise. This means
that words and phrases in a written agreement should be understood according to their legal
significance in the relevant jurisdiction.

2. **Giving effect to all provisions (Section 11)**:

- When interpreting an instrument (which can refer to any written document), the court should adopt
a construction that gives effect to all its provisions, if possible. This means that the court should strive to
understand the agreement in a way that makes all its parts meaningful and coherent.

3. **Interpretation according to intention; general and particular provisions (Section 12)**:

- In interpreting an instrument, the court should aim to ascertain the intention of the parties. If a
general provision conflicts with a particular provision, the latter prevails. This means that specific
provisions within the agreement are given more weight than general ones if they are inconsistent.

4. **Interpretation according to circumstances (Section 13)**:

- To properly interpret an instrument, the court may consider the circumstances under which it was
made. This includes the situation of the subject matter of the agreement and the parties involved. By
understanding the context in which the agreement was formed, the court can better grasp the parties'
intentions.

5. **Peculiar signification of terms (Section 14)**:

- While terms in a writing are presumed to have been used in their primary and general sense,
evidence can be presented to show that certain terms have a local, technical, or otherwise peculiar
meaning in the specific context of the agreement. In such cases, the agreement must be construed
accordingly.

6. **Written words control printed (Section 15)**:

- If an instrument contains both written words and printed text, and there is an inconsistency between
them, the written words prevail over the printed text.

7. **Experts and interpreters to be used in explaining certain writings (Section 16)**:

- When the characters in an instrument are difficult to decipher or the language used is not
understood by the court, experts or interpreters may be called upon to explain the characters or the
meaning of the language.

8. **Of Two constructions, which preferred (Section 17)**:

 - If the terms of an agreement are understood in different senses by the parties, the interpretation
that prevails is the one in which each party supposed the other understood it. If two constructions are
equally valid, the one most favorable to the party in whose favor the provision was made should be
adopted.

9. **Construction in favor of natural right (Section 18)**:

- When an instrument is susceptible to two interpretations, one favoring natural right and the other
against it, the interpretation in favor of natural right is preferred.

10. **Interpretation according to usage (Section 19)**:

- An instrument may be construed according to usage, in order to determine its true character. This
means that customary practices or industry standards may be considered in interpreting the terms of
the agreement.

C. TESTIMONIAL EVIDENCE

1. Qualification of Witnesses:

- Sections 20-24: Explain the qualifications of witnesses and situations where witnesses may be
disqualified, such as mental incapacity, marriage, death, or privileged communication.

1. **Qualification of Witnesses (Section 20)**:

- This section outlines the general qualifications for individuals to act as witnesses in court
proceedings. It states that any person who can perceive events and communicate their perception to
others may be a witness. However, certain factors such as religious or political beliefs, interest in the
outcome of the case, or conviction of a crime (unless otherwise provided by law) shall not serve as
grounds for disqualification.

2. **Disqualification by reason of mental incapacity or immaturity (Section 21)**:

- Section 21 specifies certain conditions under which individuals are disqualified from being witnesses.
These include:

- Persons whose mental condition at the time of their examination renders them incapable of
intelligently communicating their perception to others.

- Children whose mental maturity is such that they cannot perceive and relate facts truthfully.

3. **Disqualification by reason of marriage (Section 22)**:

- During marriage, spouses are generally disqualified from testifying for or against each other without
the consent of the affected spouse. However, there are exceptions to this rule:

- In civil cases brought by one spouse against the other.

 - In criminal cases for offenses committed by one spouse against the other or their direct descendants
or ascendants.

4. **Disqualification by reason of death or insanity of adverse party (Section 23)**:

- This section addresses situations where a party or the assignor of a party in a case, or persons
prosecuting a case on behalf of a deceased or insane individual, cannot testify as to any matter of fact
occurring before the death or insanity of said individual. This is to prevent biased or self-serving
testimony from being introduced by parties with a vested interest in the outcome of the case.

5. **Disqualification by reason of privileged communication (Section 24)**:

- Section 24 discusses privileged communications that cannot be testified about by certain individuals.
These include:

- Communications received in confidence between spouses during marriage, except in certain civil or
criminal cases involving one spouse's actions against the other.

- Communications made to an attorney, physician, or minister in the course of their professional

duties and received in confidence.

- Communications made to a public officer in official confidence, the disclosure of which would harm
the public interest.

These sections aim to ensure that witnesses are competent to testify and that their testimony is reliable
and free from undue influence or bias. They also protect certain relationships and communications from
being disclosed in court without proper consent or authorization.

2. Testimonial Privilege:

- Section 25: Protects individuals from being compelled to testify against certain family members.

3. Admissions and Confessions:

- Sections 26-35: Cover various aspects of admissions and confessions, including those made by
parties, third parties, co-partners, agents, conspirators, and silence. Also addresses offers of
compromise and previous conduct as evidence.

1. **Admission of a party (Section 26)**:

- This section states that the act, declaration, or omission of a party to a case regarding a relevant fact
may be presented as evidence against that party. In other words, statements or actions made by a party
to the case can be used against them in court.
2. **Offer of compromise not admissible (Section 27)**:

- In civil cases, an offer of compromise is not considered an admission of liability and is not admissible
as evidence against the party making the offer. However, in criminal cases (except those involving quasi-
offenses or offenses that can be compromised by law), an offer of compromise by the accused may be
received as an implied admission of guilt.

3. **Admission by third party (Section 28)**:

- This section states that the rights of a party cannot be prejudiced by an act, declaration, or omission
of another person, except as provided by law.

4. **Admission by co-partner or agent (Section 29)**:

- The act or declaration of a partner or agent within the scope of their authority and during the
existence of the partnership or agency may be used as evidence against the party they represent after
the partnership or agency is established by other evidence.

5. **Admission by conspirator (Section 30)**:

- The act or declaration of a conspirator relating to the conspiracy and made during its existence may
be admitted as evidence against the co-conspirator after the conspiracy has been established by other
evidence.

6. **Admission by privies (Section 31)**:

- When one person derives title to property from another, the act, declaration, or omission of the
former owner while holding the title may be used as evidence against the new owner.

7. **Admission by silence (Section 32)**:

- If a party remains silent in the face of an act or declaration that would naturally call for a response if
untrue, and it was proper and possible for them to respond, their silence may be considered an
admission of the truth of the act or declaration.

8. **Confession (Section 33)**:

- This section allows for the admission of confessions, which are declarations made by an accused
person acknowledging guilt of the offense charged or an offense necessarily included therein.
Confessions may be used as evidence against the accused.
9. **Similar acts as evidence (Section 34)**:

- Evidence that a person did or did not do a certain thing at one time is generally not admissible to
prove that they did or did not do the same or similar thing at another time. However, it may be
admissible to prove specific intent, knowledge, identity, plan, system, scheme, habit, custom, or usage.

10. **Unaccepted offer (Section 35)**:

- An offer in writing to pay a particular sum of money or deliver specific property, if rejected without
valid cause, is equivalent to the actual production and tender of the money, instrument, or property.

These sections aim to regulate the use of admissions, confessions, and related evidence in court
proceedings, ensuring fairness and reliability in the judicial process.

4. Testimonial Knowledge:

- Sections 36-46: Address testimonial knowledge, exceptions to the hearsay rule, including dying
declarations, declarations against interest, pedigree declarations, common reputation, part of res
gestae, entries in business records, official records, commercial lists, and learned treatises.

1. **Testimony generally confined to personal knowledge; hearsay excluded (Section 36)**:

- Witnesses are generally allowed to testify only about facts within their personal knowledge, which
are derived from their own perception. Hearsay, which is an out-of-court statement offered to prove the
truth of the matter asserted, is generally excluded as evidence.

2. **Exceptions to the Hearsay Rule**:

a. **Dying declaration (Section 37)**:

- Statements made by a dying person, under the belief of impending death, regarding the cause and
circumstances of their death, may be admissible as evidence in cases where the death is in question.

b. **Declaration against interest (Section 38)**:

- Statements made by a person, whether deceased or unable to testify, against their own interest at
the time of making the statement, may be admitted as evidence against them or their successors in
interest, and against third parties.
c. **Act or declaration about pedigree (Section 39)**:

- Statements made by a deceased or unavailable person regarding the pedigree of another person
related to them by birth or marriage may be admissible as evidence, provided the relationship between
the two persons is established by other evidence.

d. **Family reputation or tradition regarding pedigree (Section 40)**:

- Reputation or tradition existing within a family prior to the controversy regarding the pedigree of a
family member may be admissible as evidence if the witness testifying on it is also a member of the
family.

e. **Common reputation (Section 41)**:

- Common reputation existing before the controversy regarding public or general interest facts, or
facts related to marriage or moral character, may be admissible as evidence.

f. **Part of res gestae (Section 42)**:

- Statements made by a person while a startling occurrence is taking place, or immediately before or
after, which explain, qualify, or characterize the circumstances of the occurrence, may be admitted as
part of the res gestae, or the "things done."

g. **Entries in the course of business (Section 43)**:

- Entries made at or near the time of transactions by a deceased or unavailable person who was in a
position to know the facts stated, and made in the ordinary course of business, may be admitted as
evidence.

h. **Entries in official records (Section 44)**:

- Entries in official records made by a public officer in the performance of their duty are generally
admissible as evidence of the facts stated in the records.

i. **Commercial lists and the like (Section 45)**:

- Statements of matters of interest to persons engaged in an occupation contained in published

compilations may be admitted as evidence if the compilation is generally used and relied upon by
persons in that occupation.
j. **Learned treatises (Section 46)**:

- Published treatises, periodicals, or pamphlets on subjects of history, law, science, or art may be
admitted as evidence to prove the truth of a matter stated if the writer is recognized as an expert in the
subject.

These exceptions allow certain types of out-of-court statements to be admitted as evidence under
specific circumstances, ensuring fairness and flexibility in the legal system while maintaining reliability
and relevance.

5. Opinion Rule:

- Sections 48-50: Generally exclude opinions of witnesses, except for expert witnesses or in specific
circumstances where a witness has adequate knowledge.

1. **General rule (Section 48)**:

- This section establishes the general principle that the opinion of a witness is not admissible as
evidence, except in specific circumstances outlined in subsequent sections. The purpose of this rule is to
ensure that evidence presented in court is based on facts rather than subjective opinions.

2. **Opinion of expert witness (Section 49)**:

- Section 49 provides an exception to the general rule by allowing the opinion of a witness with special
knowledge, skill, experience, or training to be admitted as evidence. Such opinions are admissible if the
witness can demonstrate that they possess the requisite expertise in the matter at hand. Expert
witnesses are commonly called upon to provide opinions in fields such as medicine, engineering, or
forensic science.

3. **Opinion of ordinary witnesses (Section 50)**:

- Section 50 further expands upon the exceptions to the general rule by allowing the opinion of an
ordinary witness under specific circumstances. An ordinary witness may offer an opinion regarding:

- The identity of a person about whom they have adequate knowledge.

- Handwriting with which they are sufficiently familiar.

- The mental sanity of a person with whom they are sufficiently acquainted.

- Impressions of the emotion, behavior, condition, or appearance of a person.

These opinions are permissible if the witness provides a proper basis for their opinion.
6. Character Evidence:

- Section 51: Generally, character evidence is not admissible, except in certain circumstances in
criminal and civil cases as outlined in the rule.

**(a) In Criminal Cases:**

1. **The accused may prove his good moral character which is pertinent to the moral trait involved in
the offense charged**:

- This means that in a criminal case, the accused has the right to present evidence of their good moral
character if it is relevant to the moral trait that is in question in the offense they are charged with. For
instance, if the accused is charged with a crime of dishonesty, presenting evidence of their honesty and
integrity may be relevant.

2. **Unless in rebuttal, the prosecution may not prove his bad moral character which is pertinent to the
moral trait involved in the offense charged**:

- This states that, generally, the prosecution is not allowed to introduce evidence of the accused's bad
moral character, especially if it pertains to the same moral trait that is in question in the offense
charged. This prevents the prosecution from unfairly tarnishing the reputation of the accused.

3. **The good or bad 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**:

- This means that evidence regarding the moral character of the victim or offended party may be
admissible if it helps establish the likelihood or unlikelihood of the offense charged. For instance,
evidence of the victim's honesty may be relevant in cases where the defendant is accused of
defamation.

**(b) In Civil Cases:**

- In civil cases, evidence of the moral character of a party is admissible only when it is relevant to the
specific character issue involved in the case. This means that evidence of moral character may only be
introduced if it directly pertains to an issue that is being contested in the civil case.

**(c) In the case provided for in Rule 132, Section 14:**

- Rule 132, Section 14 states that evidence of the good character of a witness is not admissible until the
witness's character has been impeached. In other words, evidence of a witness's good character can
only be introduced after it has been challenged or called into question during the trial. This rule helps
ensure fairness and balance in the presentation of evidence during court proceedings.