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RULE 130

Rules of Admissibility

5. Testimonial Knowledge

Section 36. Testimony generally confined to personal knowledge; hearsay excluded. A

witness can testify only to those facts which he knows of his personal knowledge; that is,

which are derived from his own perception, except as otherwise provided in these rules. (30a)

RULE 130

Rules of Admissibility

6. Exceptions To The Hearsay Rule

DYING DECLARATION

Section 37.Dying declaration.The declaration of a dying person, made under

the consciousness of an impending death, may be received in any case wherein his death is thesubject of inquiry, as evidence of the cause and surrounding circumstances of such death.

(31a)

DECLARATION AGAINST INTEREST

Section 38.Declaration against interest. The declaration made by a person deceased, or

unable to testify, against the interest of the declarant, if the fact is 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.(32a)

PEDIGREE

Section 39.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 by birth ormarriage, 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 dateswhen and the places where these fast occurred, and the names of the relatives. It embraces also

facts of family history intimately connected with pedigree. (33a)

Section 40.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 ofthe family, either by consanguinity or affinity. Entries in family bibles or other family books

or charts, engravings on rings, family portraits and the like, may be received as evidence of

pedigree. (34a)

COMMON REPUTATION

Section 41.Common reputation.Common 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. Monuments and inscriptions in public places

may be received as evidence of common reputation. (35)

RES GESTAE

Section 42.Part of res gestae .Statements made by a person while a starting occurrence istaking place or immediately prior or subsequent thereto with respect to the circumstances

thereof, may be given in evidence as part of 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. (36a)

ENTRIES IN THE COURSE OF BUSINESS

Section 43.Entries in the course of business. Entries made at, or near the time of

transactions to which they refer, by a person deceased, or unable to testify, who was in a

position to know the facts therein stated, may be received as prima facie evidence, if suchperson made the entries in his professional capacity or in the performance of duty and in the

ordinary or regular course of business or duty. (37a)

OFFICIAL RECORDS

Section 44.Entries in official records.Entries in official records made in the performance

of his duty by a public officer of the Philippines, or by a person in the performance of a duty

specially enjoined by law, areprima facie evidence of the facts therein stated. (38)

RULE 132

Presentation of Evidence

Section 24.Proof of official record.The record of public documents referred to in

paragraph (a) of Section 19, when admissible for any purpose, may be evidenced by an official

publication thereof or by a copy attested by the officer having the legal custody of the record,

or by his deputy, and accompanied, if the record is not kept in the Philippines, with a

certificate that such officer has the custody. If the office in which the record is kept is in

foreign country, the certificate may be made by a secretary of the embassy or legation, consulgeneral, consul, vice consul, or consular agent or by any officer in the foreign service of the

Philippines stationed in the foreign country in which the record is kept, and authenticated by

the seal of his office. (25a)

Section 25.What attestation of copy must state.Whenever a copy of a document or record

is attested for the purpose of evidence, the attestation must state, in substance, that the copy is

a correct copy of the original, or a specific part thereof, as the case may be. The attestation

must be under the official seal of the attesting officer, if there be any, or if he be the clerk of a

court having a seal, under the seal of such court. (26a)

COMMERCIAL LISTS

Section 45.Commercial lists and the like.Evidence of statements of matters of interest topersons engaged in an occupation contained in a li st, register, periodical, or other published

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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. (39)

LEARNED TREATISES

Section 46.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 profession or callingas expert in the subject. (40a)

PRIOR TESTIMONY

Section 47.Testimony or deposition at a former proceeding.The testimony or deposition

of a witness deceased or unable to testify, given in a former case or proceeding, judicial oradministrative, involving the same parties and subject matter, may be given in evidence

against the adverse party who had the opportunity to cross-examine him. (41a)

RULE 23

Depositions Pending Action

Section 4. Use of depositions. At the trial or upon the hearing of a motion or an

interlocutory proceeding, any part or all of a deposition, so far as admissible under the rules of

evidence, may be used against any party who was present or represented at the taking of the

deposition or who had due notice thereof, in accordance with any one of the following

provisions;

(a) Any deposition may be used by any party for the purpose of contradicting or

impeaching the testimony of deponent as a witness;

(b) The deposition of a party or of any one who at the time of taking the deposition

was an officer, director, or managing agent of a public or private corporation,

partnership, or association which is a party may be used by an adverse party for any

purpose;(c) The deposition of a witness, whether or not a party, may be used by any party for

any purpose if the court finds: (1) that the witness is dead, or (2) that the witness

resides at a distance more than one hundred (100) kilometers from the place of trial

or hearing, or is out of the Philippines, unless it appears that his absence wasprocured by the party offering the deposition, or (3) that the witness is unable to

attend or testify because of age, sickness, infirmity, or imprisonment, or (4) that the

party offering the deposition has been unable to procure the attendance of the

witness by subpoena; or (5) upon application and notice, that such exceptionalcircumstances exist as to make it desirable, in the interest of justice and with due

regard to the importance of presenting the testimony of witnesses orally in open

court, to allow the deposition to be used; and

(d) If only part of a deposition is offered in evidence by a party, the adverse partymay require him to introduce all of it which is relevant to the part introduced, and

any party may introduce any other parts. (4a, R24)

Rule 803. Exceptions to the Rule Against Hearsay

The following are not excluded by the rule against hearsay, regardless of whether the declarant

is available as a witness:

(1) Present Sense Impression.A statement describing or explaining an event or condition,

made while or immediately after the declarant perceived it.

(2) Excit ed Utterance.A statement relating to a startling event or condition, made while the

declarant was under the stress of excitement that it caused.

(3) Then-Exi sting Mental, Emotional, or Physical Condition. A statement of the declarantsthen-existing state of mind (such as motive, intent, or plan) or emotional, sensory, or physicalcondition (such as mental feeling, pain, or bodily health), but not including a statement of

memory or belief to prove the fact remembered or believed unless it relates to the validity or

terms of the declarants will.

(4) Statement Made for Medical D iagnosis or Tr eatment.A statement that:

(A)is made forand is reasonably pertinent tomedical diagnosis or treatment; and

(B)describes medical history; past or present symptoms or sensations; their inception; or their

general cause.

(5) Recorded Recollection.A record that:

(A)is on a matter the witness once knew about but now cannot recall well enough to testify

fully and accurately;

(B)was made or adopted by the witness when the matter was fresh in the witnesss memory;

and

(C)accurately reflects the witnesss knowledge.

If admitted, the record may be read into evidence but may be received as an exhibit only if

offered by an adverse party.

(6) Records of a Regularly Conducted Activi ty.A record of an act, event, condition, opinion,

or diagnosis if:

(A) the record was made at or near the time by or from information transmitted by

someone with knowledge;

(B) the record was kept in the course of a regularly conducted activity of a business,organization, occupation, or calling, whether or not for profit;

(C)making the record was a regular practice of that activity;

(D) all these conditions are shown by the testimony of the custodian or another qualified

witness, or by a certification that complies with Rule 902(11) or (12) or with a statute

permitting certification; and

(E)neither the source of information nor the method or circumstances of preparation indicate

a lack of trustworthiness.

(7) Absence of a Record of a Regular ly Conducted Activi ty.Evidence that a matter is not

included in a record described in paragraph (6) if:

(A)the evidence is admitted to prove that the matter did not occur or exist;

(B)a record was regularly kept for a matter of that kind; and

http://www.law.cornell.edu/rules/fre/rule_803#rule_902_11http://www.law.cornell.edu/rules/fre/rule_803#rule_902_11http://www.law.cornell.edu/rules/fre/rule_803#rule_902_11

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(C)neither the possible source of the information nor other circumstances indicate a lack of

trustworthiness.

(8) Publi c Records.A record or statement of a public office if:

(A)it sets out:

(i)the offices activities;

(ii)a matter observed while under a legal duty to report, but not including, in a criminal case, amatter observed by law-enforcement personnel; or

(iii)in a civil case or against the government in a criminal case, factual findings from a legally

authorized investigation; and

(B) neither the source of information nor other circumstances indicate a lack of

trustworthiness.

(9) Publi c Records of V ital Statistics.A record of a birth, death, or marriage, if reported to a

public office in accordance with a legal duty.

(10) Absence of a Publ ic Record.Testimony or a certification under Rule 902 that a

diligent search failed to disclose a public record or statement if:

(A) the testimony or certification is admitted to prove that

(i)the record or statement does not exist; or

(ii)a matter did not occur or exist, if a public office regularly kept a record or statement for a

matter of that kind; and

(B)in a criminal case, a prosecutor who intends to offer a certification provides written noticeof that intent at least 14 days before trial, and the defendant does not object in writing within 7

days of receiving the notice unless the court sets a different time for the notice or the

objection.

(11) Records of Religious Organizations Concerning Personal or Family History. Astatement of birth, legitimacy, ancestry, marriage, divorce, death, relationship by blood or

marriage, or similar facts of personal or family history, contained in a regularly kept record of

a religious organization.

(12) Certificates of Marriage, Baptism, and Similar Ceremonies. A statement of fact

contained in a certificate:

(A)made by a person who is authorized by a religious organization or by law to perform the

act certified;

(B) attesting that the person performed a marriage or similar ceremony or administered asacrament; and

(C)purporting to have been issued at the time of the act or within a reasonable time after it.

(13) Fami ly Records. A statement of fact about personal or family history contained in a

family record, such as a Bible, genealogy, chart, engraving on a ring, inscription on a portrait,

or engraving on an urn or burial marker.

(14) Records of Documents That Aff ect an I nterest in Property.The record of a documentthat purports to establish or affect an interest in property if:

(A)the record is admitted to prove the content of the original recorded document, along with

its signing and its delivery by each person who purports to have signed it;

(B)the record is kept in a public office; and

(C)a statute authorizes recording documents of that kind in that office.

(15) Statements in Documents That Af fect an I nterest in Property.A statement contained ina document that purports to establish or affect an interest in property if the matter stated was

relevant to the documents purpose unless later dealings with the property are inconsistent

with the truth of the statement or the purport of the document.

(16) Statements in Ancient Documents.A statement in a document that is at least 20 years oldand whose authenticity is established.

(17) Market Reports and Similar Commercial Publications. Market quotations, lists,

directories, or other compilations that are generally relied on by the public or by persons in

particular occupations.

(18) Statements in Learned Treatises, Peri odical s, or Pamphl ets.A statement contained in atreatise, periodical, or pamphlet if:

(A)the statement is called to the attention of an expert witness on cross-examination or relied

on by the expert on direct examination; and

(B) the publication is established as a reliable authority by the experts admission or

testimony, by another experts testimony, or by judicial notice.

If admitted, the statement may be read into evidence but not received as an exhibit.

(19) Reputation Concerning Personal or Fami ly Hi story. A reputation among a persons

family by blood, adoption, or marriageor among a persons associates or in the community

concerning the persons birth, adoption, legitimacy, ancestry, marriage, divorce, death,

relationship by blood, adoption, or marriage, or similar facts of personal or family history.

(20) Reputation Concerni ng Boundari es or General H istory.A reputation in a community

arising before the controversyconcerning boundaries of land in the community or customs

that affect the land, or concerning general historical events important to that community, state,

or nation.

(21) Reputation Concerni ng Character.A reputation among a persons associates or in the

community concerning the persons character.(22) Judgment of a Previous Conviction.Evidence of a final judgment of conviction if:

(A)the judgment was entered after a trial or guilty plea, but not a nolo contendere plea;

(B)the conviction was for a crime punishable by death or by imprisonment for more than a

year;

(C)the evidence is admitted to prove any fact essential to the judgment; and

(D)when offered by the prosecutor in a criminal case for a purpose other than impeachment,

the judgment was against the defendant.

The pendency of an appeal may be shown but does not affect admissibility.

(23) Judgments I nvolving Personal, Famil y, or General H istory, or a Boundary. A

judgment that is admitted to prove a matter of personal, family, or general history, orboundaries, if the matter:

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(A)was essential to the judgment; and

(B)could be proved by evidence of reputation.

(24) [Other Exceptions.][Transferred to Rule 807.]

RULE ON EXAMINATION OF A CHILD WITNESS

Section 28. Hearsay exception in chi ld abuse cases.- A statement made by a child describing

any act or attempted act of child abuse, not otherwise admissible under the hearsay rule, may

be admitted in evidence in any criminal or non-criminal proceeding subject to the following

rules:

(a) Before such hearsay statement may be admitted, its proponent shall make known

to the adverse party the intention to offer such statement and its particulars to

provide him a fair opportunity to object. If the child is available, the court shall,

upon motion of the adverse party, require the child to be present at the presentation

of the hearsay statement for cross-examination by the adverse party. When the childis unavailable, the fact of such circumstance must be proved by the proponent.

(b) In ruling on the admissibility of such hearsay statement, the court shall consider

the time, content and circumstances thereof which provide sufficient indicia of

reliability. It shall consider the following factors:

(1) Whether there is a motive to lie;(2) The general character of the declarant child;

(3) Whether more than one person heard the statement;

(4) Whether the statement was spontaneous;

(5) The timing of the statement and the relationship between the declarant

child and witness;

(6) Cross-examination could not show the lack of knowledge of the

declarant child;

(7) The possibility of faulty recollection of the declarant child is remote;

and

(8) The circumstances surrounding the statement are such that there is noreason to suppose the declarant child misrepresented the involvement of

the accused.

(c) The child witness shall be considered unavailable under the following situations:

(1) Is deceased, suffers from physical infirmity, lack of memory, mental

illness, or will be exposed to severe psychological injury; or

(2) Is absent from the hearing and the proponent of his statement has been

unable to procure his attendance by process or other reasonable means.

(d) When the child witness is unavailable, his hearsay testimony shall be admitted

only if corroborated by other admissible evidence.