Philippine Rules of Evidence 128 to 134 Reviewer

Below is a consolidated “reviewer-style” guide to Rules 128-134 of the 2019 Amendments to the Revised Rules on Evidence (Rules of Court, Philippines). It is written for quick recall in law-school or bar-review settings, yet detailed enough for courtroom application. Pinpoint citations (e.g., “§ 2”) refer to the specific section of each Rule. Jurisprudence is included only where it illustrates the controlling doctrine.


1. Rule 128 – General Provisions

Core Themes Key Take-aways
Definition (§ 1) Evidence encompasses any matter presented to establish the truth or falsity of an alleged fact.
Scope (§ 2) Rules govern all courts and quasi-judicial bodies unless a statute states otherwise (e.g., NLRC follows “substantial evidence” rule).
Admissibility (§ 3) A matter is admissible when relevant and not excluded by the Constitution, statute, or Rules.
Hierarchical Control (§ 4) Constitution > Statutes > Rules of Court. Special evidentiary statutes (e.g., Rules on DNA Evidence; Rules on Electronic Evidence) prevail over Rules 128-134 in case of conflict.
Interpretation (§ 5) Rules must be liberally construed to secure a just, speedy, inexpensive disposition of every action.

Quick-Memory Prompts

  • R-A-C” ⟶ Relevance, Admissibility, Constitution.
  • Scope is universal unless Congress or the Constitution says otherwise.

2. Rule 129 – What Need Not Be Proved

  1. Judicial Notice

    • Mandatory (§ 1) – Matters of public knowledge, subject to ready verification, or ought to be known to judges by mandatory law.
    • Discretionary (§ 2) – Courts may notice matters of public knowledge in the province/city, or capable of unquestionable demonstration.
    • Opportunity to Be Heard (§ 3) – Party adversely affected must be allowed to contest the noticed matter.
  2. Judicial Admissions (§ 4)

    • Formal admissions in pleadings, stipulations, or verbal in open court are binding and require no proof.
    • Rescission only upon express withdrawal or court approval showing admission made through palpable mistake.

Case Hooks

  • Salita v. Mangubat (1979): Courts need not accept adjudicative fact if outdated, even if once subject of judicial notice.
  • People v. Mercado (2017): Unrescinded extrajudicial admission in a Complaint-Affidavit binds the admitting party.

3. Rule 130 – Rules on Admissibility (as amended 2019)

A. Object & Documentary Evidence

Sub-topic Rule Notes
Original Document Rule (§§ 3-4) Contents proved by original; duplicates admissible unless authenticity is challenged or fairness requires original.
Secondary Evidence (§ 5) May be introduced upon proof of loss, destruction, or unavailability without bad faith.
Parol Evidence Rule (§ 9) Written agreement supersedes prior oral agreements; exceptions include intrinsic ambiguity, failure to express true intent, validity issues, and subsequent agreements.

B. Testimonial Evidence

  1. Competency (§§ 19-20) – All persons capable of perception & communication may testify; dead-man’s statute survives in civil actions against an estate.
  2. Oath or Affirmation (§ 21) – Required unless exempt (e.g., child witness under special procedure).
  3. Examination of Witnesses (§§ 23-28) – Direct, cross, re-direct, re-cross; leading questions allowed only on cross, preliminary matters, or hostile witness.
  4. Impeachment & Rehabilitation (§§ 14-18) – Intrinsic (bias, incapacity, prior inconsistent statement) and extrinsic (reputation for truth). Rehabilitation by prior consistent statement or good reputation evidence.

C. Hearsay & Exceptions

Category Section Mnemonic / Notes
Hearsay Rule (§ 37) O-O-T-C” – Out Of The Court statement offered to prove truth.
Admissions & Confessions (§§ 32-34) Party, adoptive, authorized, agent, co-conspirator.
Spontaneous Statements (§ 43) Excited utterance (“startled”).
Business & Official Records (§§ 44-45) Regular course entries; official publications; prima facie authenticity.
Dying Declaration (§ 40) Belief in impending death + homicide/civil action re the death.
Residual Exception (§ 47) Equivalence test: trustworthiness + material fact + necessity + notice.

D. Opinion & Character Evidence

  • Expert Opinion (§ 22) – Witness with special knowledge; basis must be disclosed.
  • Lay Opinion (§ 50) – Limited to perceptions helpful to understanding testimony.
  • Character Evidence (§ 54) – In criminal cases, accused may introduce pertinent character; prosecution may rebut. In civil, character admissible only if it is in issue.

4. Rule 131 – Burden of Proof & Presumptions

  1. Burden of Proof (§ 1) – Duty to establish prima facie case; lies with asserting party.
  2. Burden of Evidence (§ 2) – Shifts as evidence develops; party who would lose if no further evidence is introduced.

Presumptions

Type Examples Notes
Conclusive (§ 3) Minor under 9 incapable of crime; ACAD principle (res judicata). Cannot be contradicted.
Disputable (§ 3) Regularity of official acts; mail received in ordinary course; property acquired during marriage is conjugal. Can be overcome by evidence.

Prima Facie Presumptions by Statute

  • BP 22: Knowledge of insufficient funds if notice of dishonor not refuted within 5 days.
  • Comprehensive Dangerous Drugs Act: Possession presumes knowledge/intent unless satisfactorily explained.

5. Rule 132 – Presentation of Evidence

A. Offer & Objection

Stage Rule Bar Tip
Offer of Evidence (§ 34) Must be made orally after presentation, stating purpose; documentary/objects marked & attached to record. If court rejects, make tender of excluded evidence (§ 40) to preserve for appeal.
Objection (§ 36) Must be specific, timely; sustained objections remove evidence from record unless stated purpose still allowed.

B. Examining Witnesses

  • Order: Direct → Cross → Re-Direct → Re-Cross (§ 3).
  • Mode: Witness seated or standing as court directs; interpreters under oath.
  • Memoranda & Writing: Refreshing recollection (§ 16); past recollection recorded (§ 17).
  • Impeachment: Prior inconsistent statements must be confronted (§ 13).

C. Subpoena & Contempt (§§ 8-12)

  • Duces Tecum or Ad Testificandum issued by court/authorized officer; failure without lawful excuse = contempt.

6. Rule 133 – Weight & Sufficiency of Evidence

Standard Applicable Actions Bench-Use Doctrine
Proof Beyond Reasonable Doubt (§ 1) Criminal Moral certainty ≠ absolute certainty.
Preponderance of Evidence (§ 2) Ordinary civil Evidence as a whole more convincing; consider credibility, number not determinant.
Clear & Convincing Evidence Certain civil (e.g., reformation of instruments; lost will probate) Higher than preponderance, lower than BD.
Substantial Evidence (§ 5) Administrative “Relevant evidence a reasonable mind might accept.”

Circumstantial Evidence (§ 4)

  • At least two circumstances + proved + combination produces conviction beyond reasonable doubt.
  • People v. Dizon (2023): Circumstantial chain must exclude all reasonable hypothesis of innocence.

7. Rule 134 – Perpetuation of Testimony

  1. Before Action (§ 1) – Petition verified; shows (a) expected action, (b) subject matter, (c) facts to establish, (d) names of adverse parties & witnesses; heard like motion.
  2. Pending Appeal (§ 2) – Court may allow depositions to preserve testimony if appeal could moot live testimony.
  3. Procedure (§ 3) – Follows deposition rules in Rule 23; transcript filed with court may be used like deposition.
  4. Use (§ 4) – Permitted where witness becomes unavailable (death, absence, infirmity) or as impeachment.

Practical Usage

Common in probate (elderly witness to handwriting), land registration, and family law for witnesses emigrating abroad.


8. Synthesis Chart

Rule          Focus                        Mnemonic
128           Foundations                  "R-A-C" (Relevance-Admissibility-Constitution)
129           Dispensed Proof              "J-NOTICE / J-ADMIT"
130           Admissibility Mechanics      "HOP DOC" (Hearsay-Opinion-Privilege / Documents-Objects-Competency)
131           Who Bears the Risk           "B-PoPs" (Burden-Presumptions)
132           Courtroom Process            "POET" (Presentation-Offer-Examination-Tender)
133           Decision Standards           "S-P-C" (Substantial-Preponderance-Clear/Beyond)
134           Lock in Testimony            "PET" (Perpetuation Evidence Testimony)

9. Bar & Practice Pointers

  1. Always object on both form and substance grounds to avoid waiver (§ 36).
  2. Tender excluded evidence; failure is fatal on appeal (§ 40).
  3. Electronic and DNA evidence: Remember they are governed by special rules but still hinge on Rule 128 principles of relevance and authenticity.
  4. Burden-shifting: Once plaintiff establishes prima facie case, defendant must overcome burden of evidence, not the burden of proof.
  5. Preservation of error: Mark exhibits early; reiterate purpose when offering; move to strike inadmissible testimony.
  6. Character evidence: In rape cases, victim’s past sexual conduct generally inadmissible (Rape Shield).
  7. Judicial notice: Appellate courts may take notice even if trial court did not, sua sponte for matters of public knowledge.
  8. Confrontation-Hearsay interplay: In criminal cases, hearsay exception is insufficient if it violates the accused’s right to confrontation unless unavailability + prior cross-opportunity.
  9. Circumstantial evidence: Emphasize “linking chain”—each circumstance is a link; break one, chain breaks.
  10. Perpetuation petition: Verify that testimony is material and risk of loss is real, else petition will be dismissed for being a fishing expedition.

10. Quick Quiz (Self-Check)

  1. Distinguish mandatory vs. discretionary judicial notice.
  2. List five hearsay exceptions where the declarant is unavailable.
  3. When does the burden of evidence shift in an estafa prosecution?
  4. What are the requisites for admissibility of secondary evidence?
  5. Explain substantial evidence and cite an administrative case applying it.

Try answering without looking back; use the mnemonics above. If you struggle, revisit the corresponding Rule.


Closing Note

This reviewer condenses the essentials, landmark doctrines, and practical techniques for Rules 128-134. Always consult the exact text of the Rules, the latest Supreme Court pronouncements, and special evidentiary statutes for nuanced issues (e.g., AMLA records, cyber-crime logs). May this serve as a solid scaffold upon which you build deeper mastery.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.