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1. RULE 128 General Provisions SECTION 1 .

Evidence defined. Evidence is the production reasonable effect
sanctioned by these legal issue addressed party
of in a judicial proceeding the judges general fails request
respecting a of fact. meaning parties adopted
(1) Sec. 2 . Scope. The rules of
unquestionable examined
shall be the same in all
court construed original lost
and in all and
matter words figures,
except as otherwise provided by law
identical accounts equally
or these rules. (2a) chanrobles virtua law library
Sec. 3 . Admissibility of evidence. Evidence is explain official authentic
when it is to the unavailability admission bears
and is not by the recorded characters situation
law of these rules. (3a) Sec. 4 . Relevancy;
usage, deciphering
collateral matters. Evidence must have such a
execution, execution sense
to the in issue as to
rules, relation recorded
belief in its or
transaction, construed
Evidence on matters
shall not be allowed, except when it tends in any construction admissible
degree to establish the provisions successors under
or of the fact in executed inspects
issue. (4a) RULE 129 What Need Not Be Proved knowledge, inquiry.
SECTION 1 . Judicial notice, when mandatory.
A court shall take judicial notice, without the determine initiative, political

of evidence, of the produce construction

and territorial extent of states, their presumed intention palpable

history, forms of and deciphered, testimony

of nationality, the law of nations, the produced improbability
and maritime courts of the world evidence contents particular
and their seals, the political and general symbols reasonable
history of the Philippines, the acts contradicted course viewed
of legislative, executive and judicial departments of
the Philippines, the laws of nature, the measure of inconsistent, former
admission, containing
time, and the divisions. (1a)
chanrobles virtua law library Sec. 2 . Judicial exhibited contents consist
notice, when discretionary. A agreement printed written
may take judicial notice of matters which are of
validity general particular
public or are capable to
terms party express equally
demonstration, or to
contents hearings,
be known to because of their non-existence. repeated
judicial functions. (1a) Sec. 3 . Judicial notice,
when hearing necessary. During the trial, the natural appeal, public
court, on its own or on adverse ascertaining intent
of a party, may its material expression
intention to take judicial notice of any matter and paramount existence judge
 sense inquiry imperfection
allow the to be heard thereon.
After the trial, and before judgment or on probability trials construction
the proper court, on its own recital language instrument,
initiative or on request of a party, may take language evidence. courts
judicial notice of any matter and allow the parties
to be heard thereon if such matter is intended equally writing,
of a issue in the offeror, interpreted custody
case. (n) Sec. 4 . Judicial admissions. An secondary excluded
verbal or written, made by the proceedings senses induce
in the course of the reasonable custody truth
in the same case, does not require proof. The
ought former collateral
admission may be only by showing
existence different parties
that it was made through mistake or
control favorable contents
that no such was made. (2a) RULE
130 Rules of Admissibility A. OBJECT (REAL) public existence announce
EVIDENCE SECTION 1 . Object as evidence. custody certified constitution
Objects as evidence are those to geographical government
the of the court. When an object satisfactory successors
is to the fact in issue, it may be relevant susceptible proper
to, examined or by loss admissible written
the court. (1a) B. DOCUMENTARY EVIDENCE
inconsistent technical, fact
Sec. 2 . Documentary evidence. Documents as
decisive relevant peculiar
evidence of writing or any material
obliged admissible primary
containing letters, words, numbers,
admiralty introduction partly
symbols or other modes of written
offered as proof of their contents. (n) 1. BEST constructions means,
EVIDENCE RULE Sec. 3 . Original document
must be produced; exceptions. When the subject
of is the of a document, no evidence shall be
other than the document itself, except in the following
cases:chanroblesvirtuallawlibrary (a)When the original has been or destroyed,
or cannot be in court, without bad faith on the part of the offeror;
(b)When the original is in the or under the of the
against whom the evidence is offered, and the latter to
produce it after notice; (c)When the original consists of numerous
or other documents which cannot be in court without great
of time and the fact sought to be established from them is only the
result of the whole; and (d)When the original is a record
in the custody of a officer or is in a public office.
(2a) Sec. 4 . Original of document. (a)The original of the document is one the
of which are the subject of (b)When a document is in
two or more copies at or about the same time, with
contents, all such copies are regarded as originals. (c)When an entry is
in the regular of business, one being copied from another
at or near the time of the all the entries are likewise
regarded as originals. (3a) 2. SECONDARY EVIDENCE Sec. 5 . When original
document is unavailable. When the original document has been lost or destroyed, or
cannot be produced in court, the upon proof of its execution or
and the cause of its without bad faith on his part, may
prove its by a copy, or by a of its contents in some
document, or by the of witnesses in the order stated. (4a)
Sec. 6 . When original document is in adverse party's custody or control. If the
document is in the custody or the control of party, he
must have notice to it. If after such notice and after
proof of its existence, he fails to produce the document,
evidence may be presented as in the case of its loss. (5a) Sec. 7 . Evidence
admissible when original document is a public record. When the original of
document is in the of public officer or is in a public
office, its may be proved by a copy issued by the
public officer in thereof. (2a) Sec. 8 . Party who calls for document
not bound to offer it. A party who calls for the of a document
and the same is not to offer it as (6a)
3. PAROL EVIDENCE RULE Sec. 9 .Evidence of written agreements. When the
terms of an have been reduced to it is considered as
all the terms agreed upon and there can be, between the parties and
their in interest, no evidence of such terms other than the contents of
the written agreement. However, a party may present evidence to modify,
or add to the terms of written agreement if he puts in issue in his
pleading:chanroblesvirtuallawlibrary (a)An intrinsic ambiguity, mistake or in the
agreement; (b)The failure of the written agreement to the
true and agreement of the thereto; (c)The
of the written agreement; or (d)The existence of other agreed to by the
parties or their in interest after the of the written
agreement. The term "agreement" includes wills. (7a) 4. INTERPRETATION OF
DOCUMENTS Sec. 10 . Interpretation of a writingaccording to its legal meaning.
The language of a writing is to be according to the
meaning it in the place of its unless the parties intended
otherwise. (8) Sec. 11 . Instrument construed so as to give effect to all provisions.
In the of an instrument, where there are several or
particulars, such a is, if possible, to be as will give
to all. (9) Sec. 12 . Interpretation according to intention; general and
particular provisions. In the of an instrument, the of
the parties is to be pursued; and when a general and a particular provision are
inconsistent, the latter is to the former. So a intent will
control a one that is with it. (10) Sec. 13 . Interpretation
according to circumstances. For the construction of an
the circumstances under which it was made, including the of the subject
thereof and of the parties to it, may be shown, so that the may be
placed in the position of those who he is to interpret. (11) Sec. 14 .
Peculiar signification of terms. The terms of a writing are to have
been used in their and acceptation, but evidence is
to show that they have a local, or otherwise
 signification, and were so used and understood in the
instance, in which case the agreement must be accordingly. (12) Sec. 15
. Written words control printed. When an instrument consists of
written and partly of a form, and the two are
the controls the latter. (13) Sec. 16 . Experts and
interpreters to be used in explaining certain writings. When the in
which an instrument is are difficult to be or the
is not understood by the court, the evidence of persons skilled in
the characters, or who understand the language, is admissible to declare
the characters or the of the language. (14) Sec. 17 . Of Two
constructions, which preferred. When the terms of an agreement have been
in a different by the parties to it, that
is to prevail against either party in which he supposed the other
understood it, and when different of a provision are otherwise
proper, that is to be taken which is the most to the
party in whose favor the provision was made. (15) Sec. 18 . Construction in favor of
natural right. When an instrument is equally of two interpretations, one
in favor of right and the other against it, the is to be
adopted. (16) chanrobles virtua law library Sec. 19 . Interpretation according to usage.
An instrument may be according to in order to
its true character. (17)