Preponderance of evidence, how determined.
SEC. 273. Preponderance of evidence, how determined. — In determining where the preponderance or superior weight of evidence on the issues involved lies, the court may consider all the facts and circumstances of the case, the witnesses' manner of testifying, their intelligence, their means and opportunity of knowing the facts to which they are testifying, the nature of the facts to which they testify, the probability or improbability of their testimony, their interest or want of interest, and also their personal credibility so far as the same may legitimately appear upon the trial. The court may also consider the number of the witnesses, though the preponderance is not necessarily with the greatest number.
The Same rules in all cases in all Courts of the Islands.
SEC. 274. The Same rules in all cases in all Courts of the Islands. — The rules of evidence shall be the same in all courts of the Islands, and upon every trial, unless otherwise expressly provided by statute.
Matters judicially recognized.
SEC. 275. Matters judicially recognized. — The existence and territorial extent of states, and of the several islands forming the Philippine Archipelago, their forms of government, and symbols of nationality, the law of nations, the admiralty and maritime courts of the world and their seals, the political constitution and history of the United States and of the Philippine Islands, the seals of the several departments of the Government of the United States, and of the States of the Union, and of the Philippine Islands, public and private, and official acts of the legislative, executive, and judicial departments of the United States and of the Philippine Islands, the laws of nature, and the measure of time, the geographical divisions and political history of the world, and all similar matters of public knowledge shall be judicially recognized by the court without the introduction of proof; but the court may receive evidence upon any of the subjects in this section stated, when it shall find it necessary for its own information, and may resort for its aid to appropriate books, documents, or evidence.
Personal knowledge and hearsay evidence.
SEC. 276. Personal knowledge and hearsay evidence. — A witness can testify to those facts only which he knows of his own knowledge; that is, which are derived from his own perception, except in those few express cases in which his opinions or inferences from the declarations of others, as hereinafter stated, are admissible.
Rights of party not prejudiced by act, declaration, or omission of another.
SEC. 277. Rights of party not prejudiced by act, declaration, or omission of another. — The rights of a party can not be prejudiced by the declaration, act, or omission of another, except by virtue of a particular relation between them, as hereinafter stated; therefore, proceedings against one can not affect another.
Exceptions where one derives title to real property from another.
SEC. 278. Exceptions where one derives title to real property from another. — Where, however, one derives title to real property from another, the declaration, act, or omission of the latter, while holding the title, in relation to the property, is evidence against the former.
Exception where declaration, act, or omission forms part of the transaction.
SEC. 279. Exception where declaration, act, or omission forms part of the transaction. — Where, also, the declaration, act, or omission forms part of a transaction, which is itself a fact in dispute, or evidence of that fact, such declaration, act, or omission, is evidence as part of the transaction. Such evidence may be termed admissible as constituting a part of the res gestae.
Where dispute relates to obligation or duty of third person; prima facie evidence.
SEC. 280. Where dispute relates to obligation or duty of third person; prima facie evidence. — Where the question in dispute between the parties is the obligation or duty of a third person, whatever would be the evidence for or against such person is prima facie evidence between the parties; prima facie evidence being that which suffices for the proof of a particular fact, until contradicted and overcome by other evidence.
Hearsay evidence of questions of pedigree.
SEC. 281. Hearsay evidence of questions of pedigree. — The declaration, act, or omission of a member of a family who is not living, or is outside the jurisdiction of the Philippine Islands, is admissible as evidence of pedigree or relationship, or family genealogy in cases where pedigree, relationship, or family genealogy are questions at issue.
Declaration, act, or omission of deceased person against his interests.
SEC. 282. Declaration, act, or omission of deceased person against his interests. — The declaration, act, or omission of a deceased person, having sufficient knowledge of the subject, against his pecuniary interest, is admissible as evidence to that extent against his successor in interest.
SEC. 283. When part of act, declaration, or writing given in evidence, the remainder available to opposite party. — When part of an act, declaration, conversation, or writing is given in evidence by one party, the whole of the same subject may be inquired into by the other, and when a detached act, declaration, conversation, or writing is given in evidence, any other act, declaration, conversation, or writing which is necessary to make it understood, may also be given in evidence.
Original writing must ordinarily be produced.
SEC. 284. Original writing must ordinarily be produced. — There can be no evidence of the contents of a writing, other than the writing itself, except in the following cases:
1. When the original has been lost or destroyed, in which case proof of the loss or destruction must first be made;
2. When the original is in possession of the party against whom the evidence is offered, and who fails to produce it after reasonable notice;
3. When the original is a record or other document in the custody of a public officer;
4. When the original has been recorded and a certified copy of the record is made evidence by the Code or other statute;
5. When the original consists of numerous accounts or other documents, which can not be examined in court without great loss of time and fact sought to be established from them is only the general result of the whole.
Written agreement presumed to contain all the terms of the agreement.
SEC. 285. Written agreement presumed to contain all the terms of the agreement. — When the terms of an agreement have been reduced to writing by the parties, it is to be considered as containing all those terms, and therefore there can be, between the parties and their representatives or successors in interest, no evidence of the terms of agreement other than the contents of the writing, except in the following cases:
1. Where a mistake or imperfection of the writing, or its failure to express the true intent and agreement of the parties, is put in issue by the pleadings;
2. Where the validity of the agreement is the fact in dispute. But this section does not exclude other evidence of the circumstances under which the agreement was made, or to which it relates, or to explain an intrinsic ambiguity, or to establish its illegality or fraud. The term "agreement" includes deeds and instruments conveying real estate, and wills as well as contracts between parties.
Writing to be interpreted according to legal meaning.
SEC. 286. Writing to be interpreted according to 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 have reference to a different place.
Construction of a statute or instrument containing several provisions.
SEC. 287. Construction of a statute or instrument containing several provisions. — In the construction of a statute or instrument where there are several provisions or particulars, such a construction is, if possible, to be adopted as will give effect to all.
General rule for construction of statute or instrument.
SEC. 288. General rule for construction of statute or instrument. — In the construction of a statute, the intention of the legislature, and in the construction of an instrument, the intention of the parties, is to be pursued; and when a general and 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.
For construction of an instrument circumstances may be shown.
SEC. 289. For construction of an instrument circumstances may be shown. — For the proper construction of an instrument, the circumstances under which it is made, including the situation of the subject of the instrument and the parties to it, may also be shown, so that the judge may be placed in the position of those whose language he is to interpret.
Terms of a writing presumed to be in their ordinary sense.
SEC. 290. Terms of a writing presumed to be in their ordinary sense. — The terms of a writing are presumed to have been used in their primary and general acceptation, but evidence is nevertheless admissible 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.
Instrument partly written and partly printed.
SEC. 291. Instrument partly written and partly 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.
Experts and interpreters to be used in explaining certain writings.
SEC. 292. 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 understands the language, is admissible to declare the characters or meaning of the language.
Where intention of different parties to instrument not the same.
SEC. 293. Where intention of different parties to instrument not the same. — 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 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.
Construction in favor of natural right.
SEC. 294. Construction in favor of natural right. — When a statute or instrument is equally susceptible of two interpretations, one in favor of natural right and the other against it, the former is to be adopted.
Material allegations only need be proved.
SEC. 295. Material allegations only need be proved. — No allegation contained in the complaint or answer immaterial to the issues need be proved.
Evidence must be relevant.
SEC. 296. Evidence must be relevant. — Evidence must correspond with the substance of the material allegations and be relevant to the question in dispute. Collateral questions must therefore be avoided. It is, however, within the discretion of the court to permit the inquiry into a collateral fact when such fact is directly connected with the question in dispute and is essential to its proper determination, or when it affects the credibility of a witness.
Party must prove his affirmative allegations.
SEC. 297. Party must prove his affirmative allegations. — Each party must prove his own affirmative allegations. Evidence need not be given in support of a negative allegation except when such negative allegation is essential part of the statement of the right or title on which the cause of action or defense is founded, nor even in such case when the allegation is a denial of the existence of a document the custody of which belongs to the opposite party.
To what facts evidence may be given.
SEC. 298. To what facts evidence may be given. — In conformity with the preceding provisions evidence may be given upon a trial of the following facts:
1. The precise fact in dispute;
2. The act, declaration, or omission of a party as evidence against such party;
3. An act or declaration of another in the presence and within the observation of a party, and his conduct in relation thereto, where the act or declaration is such as naturally to call for action or comment by such party;
4. The act of declaration, verbal or written, of a deceased person, or a person not in the Philippine Islands, in respect to the relationship, birth, marriage, or death of any person related by blood or marriage to such deceased person or person not in the Philippine Islands; the act or declaration of a deceased person done or made against his interests in respect to his real property;
5. After proof of a partnership or agency, the act of declaration of a partner or agent of the party within the scope of the partnership or agency during its existence. The same rule applies to the act or declaration of a joint owner, or joint debtor, or other person jointly interested with the party;
6. After proof of a conspiracy, the act or declaration of a conspirator relating to the conspiracy;
7. The act, declaration, or omission forming part of a transaction;
8. The testimony of a witness deceased or out of the jurisdiction, or unable to testify, given in a former action between the same parties, relating to the same matter;
9. The opinion of a witness respecting the identity or handwriting of a person, when he has knowledge of the person or handwriting; his opinion on a question of science, art, or trade, when he is skilled therein;
10. The opinion of a subscribing witness to a writing, the validity of which is in dispute, respecting the mental sanity of the signer; and the opinion of an intimate acquaintance respecting the matter of sanity of a person, the reason for the opinion being given;
11. Common reputation existing previous to the controversy, respecting facts of a public or general interest more than thirty years old, and in cases of pedigree and boundary;
12. Usage, to explain the true character of an act, contract, or instrument, where such true character is not otherwise plain; but usage is never admissible except as an instrument of interpretation;
13. Monument and inscription in public places, as evidence of common reputation; and entries in family bibles or other family books or charts; engravings on rings, family portraits and the like, as evidence of pedigree;
14. The contents of a writing, when oral evidence thereof is admissible;
15. Any other facts from which the facts in issue are presumed or are logically inferable;
16. Such facts as serve to show the credibility of a witness by affecting his reputation for truth, and by showing his motives, and by evidence of contradictory statements made by him as to the subject matter of his evidence.
Public writings.
SEC. 299. Public writings. — The written acts or record of the acts of the sovereign authority, of official bodies and tribunals and of public officers, legislative, judicial, and executive of the Philippine Islands, or of the United States, or of any States of the United States or of a foreign country, and public records kept in the Philippine Islands or private writings are public writings. A copy of a public writing, duly certified to be a true copy thereof, is admissible evidence in like cases and in like effect as the original writing.
Printed laws of the state or country.
SEC. 300. Printed laws of the state or country. — Books printed or published under the authority of the United States, or one of the states of the United States, or a foreign country, and purporting to contain statutes, codes, or other written law of such State or country or proved to be commonly admitted in the tribunals of such State or country as evidence of the written law thereof, are admissible in the Philippine Islands as evidence of such law.
Attested copy of foreign law.
SEC. 301. Attested copy of foreign law. — A copy of the written law or other public writing of any state or country, attested by the certificate of the officer having charge of the original, under the seal of the state or country, is admissible as evidence of such law or writing.
Oral proof of United States or foreign unwritten law.
SEC. 302. Oral proof of United States or foreign unwritten law. — The oral testimony of witnesses, skilled therein, is admissible as evidence of the unwritten law of the United States or of any State of the United States, or foreign country, as are also printed and published books of reports of decisions of the courts of the United States or of such State or country, or proved to be commonly admitted in such courts.
Proof of domestic judicial records.
SEC. 303. Proof of domestic judicial records. — A judicial record of the proceedings in a court of justice, or of official acts of a judicial officer in an action or special proceedings within the United States or any State or Territory thereof, or within the Philippine Islands, may be proved by the production of the original or by a copy thereof, certified by the clerk or other person having the legal custody thereof, with the seal of the court annexed, together with a certificate of the chief judge or presiding magistrate that the attestation is in due form.
Proof of foreign judicial records.
SEC. 304. Proof of foreign judicial records. — A judicial record of a foreign country may be proved by the attestation of the clerk, with the seal of the court annexed, if there be a clerk and seal, or of the legal keeper of the record, with the seal of his office annexed, if there be a seal, together with a certificate of the chief judge or presiding magistrate that the person making the attestation is the clerk of the court, or legal keeper of the record, and, in either case, that the signature of such person is genuine and that the attestation is in due form. The signature of the chief judge or presiding magistrate must be authenticated by the certificate of a minister or ambassador, or a consul, vice-consul, or consular agents of the United States in such foreign country.
Proof of foreign judicial record by examined copy.
SEC. 305. Proof of foreign judicial record by examined copy. — A copy of the judicial record of a foreign country is also admissible in evidence, upon proof:
1. If the copy has been compared by the witness with the original, and is an exact transcription of the whole;
2. That such original was in the custody of the clerk of the court, or other legal keeper of the same;
3. That the copy is duly attested with the seal, if there prove to be a seal of the court where the record remains, if it be the record of the court; or if there be no such seal, or if it be not the record of the court, by the signature of the legal keeper of the original.
Effect of judgment.
SEC. 306. Effect of judgment. — The effect of a judgment or final order in an action or special proceeding before a court or judge of the Philippine Islands or of the United States, or of any State or Territory of the United States, having jurisdiction to pronounce the judgment or order, may be as follows:
1. In case of a judgment or order against a specific thing, or in respect to the probate of a will, or the administration of the estate of a deceased person, or in respect to the personal, political, or legal condition or relation of a particular person, the judgment or order is conclusive upon the title of the thing, the will or administration, or the condition or relation of the person: Provided, That the probate of a will or granting of letters of administration shall only be prima facie evidence of the death of the testator or intestate;
2. In other cases the judgment so ordered is, in respect to the matter directly adjudged, conclusive between the parties and their successors in interest by title subsequent to commencement of the action or special proceedings, litigating for the same thing and under the same title and in the same capacity.
What is deemed to have been adjudged in a former judgment.
SEC. 307. What is deemed to have been adjudged in a former judgment. — That only is deemed to have been adjudged in a former judgment which appears upon its face to have been so adjudged, or which was actually and necessarily included therein or necessary thereto.
When principal bound by judgment against surety.
SEC. 308. When principal bound by judgment against surety. — When the party is bound by a record, and such party stands in the relation of surety for another, the latter is also bound from the time that he has notice of the action or proceeding, and an opportunity at the surety's request to join in the defense.
Effect of judicial record of a court in the United States.
SEC. 309. Effect of judicial record of a court in the United States. — The effect of a judicial record of a court of the United States or of a court of one of the States or Territories of the United States, is the same in the Philippine Islands as in the United States, or in the State or Territory where it was made, except that it can only be enforced here by an action or special proceeding, and except, also, that the authority of a guardian, or executor, or administrator does not extend beyond the jurisdiction of the Government under which he was invested with his authority.
Effect of judicial record of a court of admiralty for a foreign country.
SEC. 310. Effect of judicial record of a court of admiralty for a foreign country. — The effect of a judicial record of a court of admiralty of a foreign country is the same as if it were the record of a court of admiralty within the Philippine Islands.
Effect of other foreign judgment.
SEC. 311. Effect of other foreign judgment. — The effect of a judgment of any other tribunal of a foreign country, having jurisdiction to pronounce the judgment, is as follows:
1. In case of a judgment against a specific thing, the judgment is conclusive upon the title to the thing;
2. In case of a judgment against a person, the judgment is presumptive evidence of a right as between the parties and their successors in interest by a subsequent title; but the judgment may be repelled by evidence of a want of jurisdiction, want of notice to the party, collusion, fraud, or clear mistake of law or fact.
How judicial record may be impeached.
SEC. 312. How judicial record may be impeached. — Any judicial record may be impeached by evidence of a want of jurisdiction in the court or judicial officer, or collusion between the parties, or of fraud in the party offering the record, in respect to the proceedings.
Proof of other official documents.
SEC. 313. Proof of other official documents. — Official documents may be proved, as follows:
1. Acts of the Chief Executive of the Philippine Islands, by the record of his office, certified by his secretary under the seal thereof, if there be one; acts of the Executive of the United States, by records of the Departments of the United States Government, wherein are contained the records of such acts, certified by the heads of such departments. They may also be proved by public documents, printed by the order of the Chief Executive of the Philippine Islands, or the President of the United States, or by order of Congress, or either House thereof, or by the order of the Philippine Commission, or by the order of any legislative assembly which may be provided for the Philippine Islands. Acts of the Executive of the Philippine Islands under Spanish administration may be proved by the records thereof in the custody of the United States officials, or officials of the Government of the Philippine Islands, certified by the legal keeper of the records. They may also be proved by public documents printed by order of the Chief Executive of the Philippine Islands. Acts of the Chief Executive of Spain may be proved by the records of any department of the Executive, certified by the head of the department in which the record is;
2. The proceedings of the United States Philippine Commission, or of any legislative body that may be provided for the Philippine Islands, or of Congress, by the journals of those bodies, or of either House thereof, or by published statutes or resolutions, or by copies certified by the clerk or secretary, or printed by their order. The proceedings of the legislative branch of the Government of Spain prior to the eighteenth day of August, eighteen hundred and ninety-eight, may be proved by public documents, or statutes or resolutions, printed by the order of the executive or legislative departments of the Government of Spain, or commonly received in that country as such, or by copy certified under the seal of either the executive or the legislative branch of the Government of Spain, or by a recognition thereof in some public act of the Executive of the United States;
3. The acts of the executive or the proceedings of the legislature of any State or Territory of the United States, in the same manner as provided in paragraphs one and two;
4. The acts of the executive or the proceedings of legislature of a foreign country, by journals published by their authority, or commonly received in that country as such, or by a copy certified under the seal of the country or sovereign, or by recognition thereof in some public act of the Executive of the United States;
5. The acts of a municipal corporation of the Philippine Islands, or of a board or department thereof, by a copy certified by the legal keeper thereof, or by a printed book published by the authority of such corporation;
6. Official documents of any other class in the Philippine Islands, by the original, or by copy certified by the legal keeper thereof;
7. Official documents of any other class in the United States, or in any State or Territory thereof, by the original, or by a copy, certified by the legal keeper thereof, together with the certificate of the secretary of state, judge of the supreme, superior, or county court, or a mayor of a city of the United States, or of such State or Territory, that the copy is duly certified by the officer having the legal custody of the original;
8. Official documents of any other class of a foreign country, by the original, or by a copy certified by the legal keeper thereof, with a certificate, under the seal of the country or sovereign, that the document is a valid and subsisting document of such country, and that the copy is duly certified by the officer having legal custody of the original;
9. Official documents in departments of the United States Government, by the certificates of the legal custodian thereof.
Proof of public record of private writing.
SEC. 314. Proof of public record of private writing. — An authorized public record of a private writing may be proved by the original record, or by a copy thereof, certified by the legal keeper of the record.
Entries in official book.
SEC. 315. Entries in official book. — Entries in public or other official books or records, made in the performance of his duty by a public officer of the Philippine Islands; or by another person in these Islands in the performance of a duty specially enjoined by law, are prima facie evidence of the facts therein stated.
Proof of judgment of justice of the peace.
SEC. 316. Proof of judgment of justice of the peace. — A transcript from the record or docket of a justice of the peace within the United States, or any State or Territory thereof, or within the Philippine Islands, of a judgment rendered by him of the proceedings in the action before the judgment, of the execution and return, if any, subscribed by the justice and verified in the manner prescribed in the next section, is admissible evidence of the facts stated therein.
Certificate attached to transcript of justice's record.
SEC. 317. Certificate attached to transcript of justice's record. — There must be attached to the transcript a certificate of the justice that the transcript is in all respects correct, and that he had jurisdiction of the action, and also a further certificate of the clerk of the county, if within the United States, or a State or Territory thereof, or of the clerk of the Court of First Instance of the province, if within the Philippine Islands, in which the justice resided at the time of rendering the judgment, under the seal of the county, or of the Court of Common Pleas, or County Court, or Court of First Instance thereof, certifying that the person subscribing the transcript was at the date of the judgment a justice of the peace in the county or province, and that the signature is genuine. Such judgment, proceedings, and jurisdiction may also be proved by the justice himself, on the production of his docket, or by a copy of the judgment and his oral examination as a witness.
What certificate of copy of writing must state.
SEC. 318. What certificate of copy of writing must state. — Whenever a copy of a writing is certified for the purpose of evidence, the certificate 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 certificate must be under the official seal of the certifying officer, if there be any, or if he be the clerk of a court having a seal, under the seal of such court.
Effect of a seal.
SEC. 319. Effect of a seal. — A seal or particular sign, made to attest in the most formal manner the execution of an instrument, does not effect its validity. There shall be no difference in legal effect between sealed and unsealed private writings.
Historical works, books of science, and maps.
SEC. 320. Historical works, books of science, and maps. — Historical works, books of science, or art, published maps or charts, when made by persons indifferent between the parties are prima facie evidence of facts of general notoriety and interest.
Secondary evidence of the contents of a lost writing.
SEC. 321. Secondary evidence of the contents of a lost writing. — An original writing must be produced and proved, except as otherwise provided in this Act. If it has been lost, proof of the loss must first be made before evidence can be given of its contents. Upon such proof being made, together with proof of the due execution of the writing, its contents may be proved by a copy or by a recital of its contents in some authentic document, or by the recollection of a witness.
Secondary evidence of writing in custody of adverse party.
SEC. 322. Secondary evidence of writing in custody of adverse party. — If the writing be in the custody of the adverse party, he must have reasonable notice to produce it. If he then fail to do so, the contents of the writing may be proved as in the case of its loss. But the notice to produce it is not necessary where the writing is itself a notice, or where it has been wrongfully obtained or withheld by the adverse party.
Party calling for writing not bound to offer it as evidence.
SEC. 323. Party calling for writing not bound to offer it as evidence. — Though a writing called for by one party is produced by the other, and is thereupon inspected by the party calling for it, he is not obliged to produce it as evidence in the case.
Proof of writing.
SEC. 324. Proof of writing. — Any writing may be proved, either:
1. By anyone who saw the writing executed; or
2. By evidence of the genuineness of the handwriting of the maker; or
3. By a subscribing witness.
Denial of execution by subscribing witness.
SEC. 325. Denial of execution by subscribing witness. — If the subscribing witness denies, or does not recollect the execution of the writing, its execution may still be proved by other evidence.
When other evidence of the execution of writing need not be produced.
SEC. 326. When other evidence of the execution of writing need not be produced. — Where a writing is more than thirty years old, and evidence is given that the party against whom the writing is offered has at any time admitted its execution, or where the writing is one produced from the custody of the adverse party, and has been acted upon by him as genuine, no other evidence of the execution need be given.
Proof of handwriting.
SEC. 327. Proof of handwriting. — The handwriting of a person may be proved by anyone who believes it to be his, and has seen him write, or has seen writing purporting to be his, upon which he has acted, or been charged, and he has thus acquired knowledge of his handwriting. Evidence respecting the handwriting may also be given by comparison, made by the court, with writings admitted or treated as genuine by the party against whom the evidence is offered, or proved to be genuine to the satisfaction of the judge. Where the writing is more than thirty years old, the comparisons may be made with writings purported to be genuine, and generally respected and acted upon as such by persons having an interest and knowing the fact.
Writings of a deceased person.
SEC. 328. Writings of a deceased person. — The entries and other writings of a deceased person, made at or near the time of the transaction, and in a position to know the facts stated therein, may be read as prima facie evidence of the facts therein stated, in the following cases:
1. When the entry was made against the interests of the person making it;
2. When it was made in a professional capacity, and in the ordinary course of professional conduct;
3. When it was made in the performance of a duty specially enjoined by law, or in the course of the ordinary and regular duties of the person making the entry.
What are original entries.
SEC. 329. What are original entries. — 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 equally regarded as originals.
Original records not to be removed from office.
SEC. 330. Original records not to be removed from office. — The record of a conveyance of real property, or any other record, transcript of which is admissible in evidence, must not be removed from the office at which it is kept, except upon order of a court, in cases where the inspection of the record is shown to be essential to the just determination of the cause or action or proceeding pending, or where the court is held in the same building with such office.
Proof of real-estate titles.
SEC. 331. Proof of real-estate titles. — Every instrument conveying or affecting real property situated in the Philippine Islands, acknowledged or proved and certified as provided by law prevailing in the Philippine Islands, may, together with the certificate of the acknowledgment or proof, be read in evidence in an action or proceeding without further proof; also the original record of such conveyance or instrument thus acknowledged or proved, or a certified copy of the record of such conveyance or instrument thus acknowledged or proved, may be read in evidence with the like effect as the original instrument, without further proof.
View of an object by the court.
SEC. 332. View of an object by the court. — Whenever an object has such a relation to the fact in dispute as to afford reasonable grounds of belief respecting it, such object may be exhibited to the court, or its existence, situation, or character proved by witnesses, as the court in its discretion may determine.
Conclusive presumptions.
SEC. 333. Conclusive presumptions. — The following presumptions or deductions, which the law expressly directs to be made from particular facts, are deemed conclusive:
1. Whenever a party has, by his own declaration, act, or omission, intentionally and deliberately led another to believe a particular thing true, and to act upon such belief, he can not, in any litigation arising out of such declaration, act, or omission, be permitted to falsify it;
2. The tenant is not permitted to deny the title of his landlord at the time of the commencement of the relation of landlord and tenant between them;
3. The issue of a wife cohabiting with her husband, who is not impotent, is indisputably presumed to be legitimate, if not born within the one hundred and eighty days immediately succeeding the marriage, or after the expiration of three hundred days following its dissolution;
4. The judgment or order of a court, when declared by the court to be conclusive.
Disputable presumptions.
SEC. 334. Disputable presumptions. — The following presumptions are satisfactory, if uncontradicted, but they are disputable, and may be contradicted by other evidence:
1. That a person is innocent of crime or wrong;
2. That an unlawful act was done with an unlawful intent;
3. That a person intends the ordinary consequence of his voluntary act;
4. That a person takes ordinary care of his own concerns;
5. That evidence willfully suppressed would be adverse if produced;
6. That money paid by one to another was due to the latter;
7. That a thing delivered by one to another belonged to the latter;
8. That an obligation delivered up to the debtor has been paid;
9. That former rents or installments had been paid when a receipt for the later ones is produced;
10. That things which a person possesses are owned by him;
11. That a person is the owner of property from exercising act of ownership over it, or from common reputation of his ownership;
12. That a person in possession of an order on himself for payment of money, or the delivery of anything, has paid the money or delivered the thing accordingly;
13. That a person acting in a public office was regularly appointed or elected to it;
14. That official duty has been regularly performed;
15. That a court, or judge acting as such, whether in the Philippine Islands or elsewhere, was acting in the lawful exercise of his jurisdiction;
16. That all the matters within an issue in an action were laid before the court and passed upon by it; and in like manner that all matters within a submission to arbitration were laid before the arbitrators and passed upon by them;
17. That private transactions have been fair and regular;
18. That the ordinary course of business has been followed;
19. That a promissory note or bill of exchange was given or indorsed for a sufficient consideration;
20. That an indorsement of a negotiable promissory note or bill of exchange was made after the time and at the place of making the note or bill;
21. That a writing is duly dated;
22. That a letter duly directed and mailed was received in the regular course of the mail;
23. Identity of person from identity of name;
24. That a person not heard from in seven years is dead;
25. That acquiescence resulted from a belief that the thing acquiesced in was conformable to the law or fact;
26. That things have happened according to the ordinary course of nature and the ordinary habits of life;
27. That persons acting as copartners have entered into a contract of copartnership;
28. That a man and woman deporting themselves as husband and wife have entered into a lawful contract of marriage;
29. That a child born in lawful wedlock, there being no divorce, absolute or from bed and board, is legitimate;
30. That a thing once proved to exist continues as long as is usual with things of that nature;
31. That the law has been obeyed;
32. That a document or writing more than thirty years old is genuine, when the same has since been generally acted upon as genuine by persons having an interest in the question, and its custody has been satisfactorily explained;
33. That a printed or .published book, purporting to be printed or published by public authority was so printed or published;
34. That a printed or published book, purporting to contain reports of cases adjudged in tribunals of the State or country where the book is published, contains correct reports of such cases;
35. That a trustee or other person whose duty was to convey real property to a particular person has actually conveyed to him when such presumption is necessary to perfect the title of such person or his successor in interest;
36. That there was a good and sufficient consideration for a written contract;
37. When two persons perish in the same calamity, such as wreck, battle, or conflagration, and it is not shown who died first, and there are no particular circumstances from which it can be inferred, the survivorship is presumed from the probabilities resulting from the strength and age of the sexes, according to the following rules:
First. If both those who have perished were under the age of fifteen years, the older is presumed to have survived;
Second. If both were above the age of sixty, the younger is presumed to have survived;
Third. If one be under fifteen and the other above sixty, the former is presumed to have survived;
Fourth. If both be over fifteen and under sixty, and the sexes be different, the male is presumed to have survived. If the sexes be the same, then the older;
Fifth. If one be under fifteen or over sixty, and the other between those ages, the latter is presumed to have survived.
Agreements invalid unless made in writing.
SEC. 335. Agreements invalid unless made in writing. — In the following cases an agreement hereafter made shall be unenforceable by action unless the same, or some note or memorandum thereof, be in writing, and subscribed by the party charged, or by his agent; evidence, therefore, of the agreement can not be received without the writing, or secondary evidence of its contents:
1. An agreement that by its terms is not to be performed within a year from the making thereof
2. A special promise to answer for the debt, default, or miscarriage of another;
3. An agreement made upon the consideration of marriage other than a mutual promise to marry;
4. An agreement for the sale of goods, chattels, or things in action, at a price not less than one hundred pesos, unless the buyer accept and receive part of such goods and chattels, or the evidences, or some of them, of such things in action, or pay at the time some part of the purchase money; but when a sale is made by auction and entry is made by the auctioneer in his sales book, at the time of the sale, of the amount of property sold, terms of sale, price, names of the purchasers, and person on whose account the sale is made, it is a sufficient memorandum;
5. An agreement for the leasing for a longer period than one year, or for the sale of real property, or of an interest therein, and such agreement, if made by the agent of the party sought to be charged, is invalid unless the authority of the agent be in writing and subscribed by the party sought to be charged;
6. No evidence is admissible to charge a person upon a representation as to the credit of a third person, unless such representation, or some memorandum thereof, be in writing, and either subscribed by or in the writing of the party to be charged.
Alteration in writing.
SEC. 336. Alteration in writing. — The party producing a writing as genuine which has been altered, and appears to have been altered after its execution, in a part material to the question in dispute, must account for the appearance of the alteration. He may show that the alteration was made by another, without his concurrence, or was made with the consent of parties affected by it or otherwise properly or innocently made, or that alteration did not change the meaning or language of the instrument. If he do that, he may give the writing in evidence, but not otherwise.
Leading questions.
SEC. 337. Leading questions. — A question which suggests to the witness the answer which the examining party desires, is a leading question. On direct examination, leading questions are not allowed, except in the sound discretion of the court under special circumstances making it appear that the interests of justice require it.
Witness may refer to memorandum.
SEC. 338. Witness may refer to memorandum. — A witness may be allowed to refresh his memory respecting a fact, by anything written by himself or under his direction at the time when the fact occurred, or immediately thereafter, or at any time when the fact was fresh in his memory and he knew that the same was correctly stated in writing; but in such case the writing must be produced and may be seen by the adverse party, who may, if he choose, cross-examine the witness upon it, and may read it in evidence.
So, also, a witness may testify from such a writing, though he retain no recollection of the particular facts, if he is able to swear that the writing correctly stated the transaction when made; but such evidence must be received with caution.
Leading questions on cross-examination.
SEC. 339. Leading questions on cross-examination. — The opposite party may cross-examine a witness to any facts stated in his direct examination, or connected therewith, and in so doing he may put leading questions. But, if he examine him as to other matters, such examination is to be subject to the same rules as a direct examination.
Party may not impeach his own witness.
SEC. 340. Party may not impeach his own witness. — The party producing a witness is not allowed to impeach his credit by evidence of bad character, but may contradict him by other evidence, and in the discretion of the court, in order to show that the witness has misled him into calling him to the stand, may also show that he has made at other times statements inconsistent with present testimony.
Recalling witness.
SEC. 341. Recalling witness. — After the examination of a witness by both sides has been concluded, the witness can not be recalled without leave of the court. The court will grant or withhold leave in its discretion, as the interests of justice may require.
Impeaching witness.
SEC. 342. Impeaching witness. — A witness may be impeached by the party against whom he was called, by contradictory evidence, or by evidence that his general reputation for truth, honesty, or integrity is bad; but not by evidence, of particular wrongful acts, except that it may be shown by the examination of the witness, or the record of the judgment, that he has been convicted of a high crime.
Impeaching of witness by inconsistent statements.
SEC. 343. Impeaching of witness by inconsistent statements. — A witness may also be impeached by evidence that he has made at other times statements inconsistent with his present testimony; but before this can be done, the statement must be related to him, with the circumstances of the times and places, and the persons present, and he must be asked whether he made such statements, and, if so, allowed to explain them. If the statements be in writing they must be shown to the witness before any question is put to him concerning them.
Evidence of good character of the witness.
SEC. 344. Evidence of good character of the witness. — Evidence of good character of a party or witness is not admissible in a civil action until the character of such party or witness has been impeached, or unless the issue involved is character.
Right of opposite party to inspect writing shown to a witness.
SEC. 345. Right of opposite party to inspect writing shown to a witness. — Whenever a writing is shown to a witness, it may be inspected by the opposite party.
Offer of compromise.
SEC. 346. Offer of compromise. — An offer of compromise is not an admission that anything is due, and is not admissible in evidence.
Unaccepted offer in writing equivalent to tender.
SEC. 347. Unaccepted offer in writing equivalent to tender. — An offer in writing to pay a particular sum of money, or to deliver a written instrument or specific personal property is, if rejected, equivalent to the actual production and tender of the money, instrument, or property.
AFFIDAVITS AND DEPOSITIONS
Use of affidavit.
SEC. 348. Use of affidavit. — An affidavit, which is a written declaration under oath, made without notice to the adverse party, may be used to verify the pleading or paper in a special proceeding to prove the service of a summons, notice, or other paper, in an action or special proceeding to obtain a provisional remedy, examination of witnesses, or stay of proceedings, or upon a motion, and in any other case specially permitted by some other provision of this Code. Evidence of the publication of a document, or notice required by law, or by an order of a court or judge, to be published in a newspaper, may be given by the affidavit of the printer of the newspaper, or his foreman, or principal clerk, annexed to a copy of the document or notice specifying the times when and the paper in which the publication was made. If such affidavit be made in an action or special proceeding pending in a court, it may be filed with the court or the clerk thereof. In such case the original affidavit or a copy thereof, certified by the judge of the court or the clerk having it in custody, is prima facie evidence of the facts stated therein.
Who may administer oath for affidavit to be used in the Islands.
SEC. 349. Who may administer oath for affidavit to be used in the Islands. — An affidavit to be used before any court, judge, or officer of the Philippine Islands, may be taken before any judge or clerk of any court, or any justice of the peace, or any notary public in the Islands.
Who may administer oath for affidavit taken in the United States.
SEC. 350. Who may administer oath for affidavit taken in the United States. — An affidavit taken in the United States, or in any State or Territory thereof, to be used in the Philippine Islands, may be taken before a commissioner, appointed by the Chief Executive of the Philippine Islands, to take affidavits and depositions in the United States, or in such State or Territory, or before any judge, or clerk of court of record having a seal.
Affidavit taken in a foreign country.
SEC. 351. Affidavit taken in a foreign country. — An affidavit taken in a foreign country, to be used in the Philippine Islands, may be taken before an ambassador, minister, consul, or vice-consul, or consular agent of the United States, or before any judge of a court of record having a seal, in said foreign country.
Certification of affidavit taken in the United States or a foreign country.
SEC. 352. Certification of affidavit taken in the United States or a foreign country. — When an affidavit is taken before a judge or a court in the United States, or in any State or Territory thereof, or in a foreign country, the genuineness of the signature of the judge, the existence of the court, and the fact that such judge is a member thereof must be certified by the clerk of the court under the seal thereof.
DEPOSITIONS
Depositions may be used.
SEC. 353. Depositions may be used. — In all cases other than those expressly provided in this Code, where a written declaration under oath is used, it must be a deposition, as prescribed by this Code.
Testimony of a witness out of the islands may be taken by deposition.
SEC. 354. Testimony of a witness out of the islands may be taken by deposition. — Testimony of a witness out of the Philippine Islands may be taken by deposition in an action at any time after the service of a summons or the appearance of the defendant; and, in the special proceeding, at any time after a question of fact has arisen therein.
Deposition of a witness within the Philippine Islands.
SEC. 355. Deposition of a witness within the Philippine Islands. — The testimony of a witness in the Philippine Islands may be taken by deposition, in an action, any time after the service of the summons or the appearance of the defendant, and, in a special proceeding, after the question of fact has arisen therein, in the following cases:
1. When the witness is a party to the action or proceeding, or an officer, or a member of a corporation which is a party to the action or proceeding, or a person or whose immediate benefit the action of proceeding is prosecuted or defended;
2. When the witness resides out of the province in which his testimony is to be used;
3. When the witness is about to leave the province where the action is to be tried and will probably continue absent when the testimony is required;
4. When the witness otherwise liable to attend the trial is nevertheless too ill or infirm to attend;
5. When the testimony is required upon a motion, or in any other case, when the oral examination of a witness is not required;
6. When the witness is the only one who can establish facts or a fact material to the issue: Provided, The deposition of such witness shall not be used if his presence can be procured at the time of the trial of the cause.
How deposition of a witness out of the Philippine Islands may be taken.
SEC. 356. How deposition of a witness out of the Philippine Islands may be taken. — The deposition of a witness out of the Philippine Islands may be taken upon a commission issued from the court in which the action or proceeding is pending, under the seal of the court, upon an order of the court, or a judge or justice thereof, on the application of either party, upon five days' previous notice to the other. If the court be that of a justice of the peace, the commission shall have attached to it a certificate under seal by the clerk of the Court of First Instance of the province in which the court is held, to the effect that the person issuing the same was an acting justice of the peace at the date of the commission. If issued to any place within the United States, or any State or Territory thereof, it may be directed to a person agreed upon by the parties, or, if they do not agree, to any justice of the peace, or to any Federal or State judge, or to any commissioner authorized by the laws of the United States to administer oaths and write depositions. If issued to any country out of the United States, or the territories thereof, it may be directed to a minister, ambassador, consul, vice-consul, or consular agent of the United States in such country, or to any person agreed upon by the parties.
Interrogatories may be annexed to the commission.
SEC. 357. Interrogatories may be annexed to the commission. — Such proper interrogatories, direct and cross, as the respective parties may prepare to be settled, if the parties disagree as to their form, by the judge or officer granting the order for the commission, at a day fixed in the order, may be annexed to the commission; or, when the parties agree to that mode, the examination may be oral and without written interrogatories.
Duties of official taking the deposition.
SEC. 358. Duties of official taking the deposition. — The commission must authorize the commissioner to administer an oath to the witness and to take his deposition in answer to the interrogatories, or, when the examination is to be without interrogatories, in answer to oral questions, in respect to the question in dispute, and to certify the deposition to the court, in a sealed envelope directed to the clerk or other person designated or agreed upon, and forwarded to him by mail or other channel of conveyance.
Trial not necessarily delayed pending taking of deposition.
SEC. 359. Trial not necessarily delayed pending taking of deposition. — A trial or other proceeding must not be postponed by reason of a commission not returned, except upon evidence satisfactory to the court that the testimony of the witness is necessary, and that proper diligence has been used to obtain it.
Such deposition may be used by either party.
SEC. 360. Such deposition may be used by either party. — The deposition mentioned in the four preceding sections may be used by either party on the trial or other proceeding against any other party giving or receiving a notice, subject to all just exceptions.
Taking depositions within the Philippine Islands.
SEC. 361. Taking depositions within the Philippine Islands. — Either party may have the deposition taken of a witness in the Philippine Islands, in either of the cases mentioned in section three hundred and fifty-five, before any judge, justice of the peace, or notary public, on serving on the adverse party previous notice of the time and place of examination, together with a copy of an affidavit showing that the case is within section three hundred and fifty-five. Such notice must be served at least two days before the time is fixed for taking the deposition, and must in all cases give the party reasonable time after notice to be present at the taking thereof, and without a notice of such reasonable length of time the deposition shall not be admissible in evidence. The court shall determine, if the deposition is offered in evidence, whether a reasonable notice of taking has been given.
Manner of taking, certifying, and transmitting depositions.
SEC. 362. Manner of taking, certifying, and transmitting depositions. — Either party may attend the examination and put such questions, direct and cross, as may be proper. The deposition, when completed, must be carefully read to the witness and corrected by him in any particular, if desired; it must then be subscribed by the witness, certified by the judge or officer taking the deposition, inclosed in an envelope or wrapper, sealed, and directed to the clerk of the court in which the action is pending, or to such person as the parties in writing may agree upon, and either delivered by the judge or officer to the clerk or such person, or transmitted through the mail, or by some other private conveyance, and thereupon such deposition may be used by either party upon the trial or other proceedings against any party giving or receiving a notice, subject to all legal exceptions; but if the parties attend the examination, no objection to the form of an interrogatory can be made at the trial unless the same was stated and recorded by the magistrate at the time of the examination. The deposition thus taken may be also read in case of the death of the witness; but the deposition may be excluded if the court finds that the taking was in any respect unfair and fraudulent.
A stenographer may be employed in taking deposition.
SEC. 363. A stenographer may be employed in taking deposition. — The deposition shall be written by the judge or officer taking it, or by some disinterested person in the presence and under the direction of the judge or officer. Such disinterested person may be a stenographer and may take the deposition in shorthand, but must forthwith reproduce it in longhand, and then it shall be carefully read to or by the deponent, and shall then be subscribed by him and certified, inclosed and forwarded as in the last preceding section provided.
Deposition may be read at any stage of action.
SEC. 364. Deposition may be read at any stage of action. — When a deposition has been once taken, it may be read by either party in any stage of the same action or proceeding where the reception of evidence is proper, or in any other action between the same parties upon the same subject-matter, and is then deemed the evidence of the party reading it.
Deposition to be used outside the Philippine Islands.
SEC. 365. Deposition to be used outside the Philippine Islands. — Any party to an action or special proceeding in a court, or before a judge of the United States, or any State or Territory thereof, or of any foreign country, may obtain the testimony of a witness residing in the Philippine Islands, to be used in such action or proceeding, in the cases mentioned in the next two sections.
Summoning witnesses to appear before commissioner.
SEC. 366. Summoning witnesses to appear before commissioner. — If a commission to take such testimony has been issued from the court, or a judge thereof, before which such action or proceeding is pending, on producing the commission to a judge or a justice of the peace in the Philippine Islands, with an affidavit satisfactory to him of the materiality of the testimony, he may issue a subpoena to the witness, requiring him to appear and testify before the commission named in the commission, at a specified time and place.
When commission has not been issued.
SEC. 367. When commission has not been issued. — If a commission has not been issued, and it is made to appear to any judge or justice of the peace by an affidavit satisfactory to him:
1. That the testimony of the witness is material to either party;
2. That a commission to take the testimony of such witness has not been issued;
3. That according to the law of the State or country where the action or special proceeding is pending, the deposition of a witness taken under such circumstances and before such judge or justice, will be received in the action or proceeding; he must issue his subpoena requiring the witness to appear and testify before him, at a specified time and place.
Taking the deposition.
SEC. 368. Taking the deposition. — Upon the appearance of the witness,. the judge or justice of the peace, or commissioner, as the case may be, must cause his testimony to be taken in writing, and must certify and transmit the same to the court or judge before whom the action or proceeding is pending, in such manner as the law of that State or country requires.
Oath of witness giving deposition.
SEC. 369. Oath of witness giving deposition. — Every witness giving a deposition shall take an oath that the deposition by him subscribed contains the truth, the whole truth, and nothing but the truth, and the authority taking the deposition shall certify that such oath has been administered.
PERPETUATION OF TESTIMONY
Perpetuation of testimony.
SEC. 370. Perpetuation of testimony. — The testimony of any witness may be taken for perpetual preservation, when the party desiring to take it shall present to any judge of the Supreme Court, or of a Court of First Instance, a petition verified by oath of the applicant, stating:
1. That the applicant expects to be a party to an action in a court in the Philippine Islands, and the names of the persons whom he expects will be adverse parties; or
2. That the proof of some fact is necessary to perfect the title of property in which he is interested, or to establish marriage, descent, heirship, or any other matter which may hereafter become material to establish, though no action may at the time be anticipated, or, if anticipated, he may not know the parties to such action; and
3. The name of the witness to be examined, his place of residence, and the general outline of facts expected to be proved.
Order of judge for perpetuation of testimony.
SEC. 371. Order of judge for perpetuation of testimony. — The judge to whom such petition is presented shall make an order allowing the examination, before himself, and prescribing the time and place for taking the testimony, and the notice to be given, which notice, if the parties expectant are known to reside within the Philippine Islands, must be personally served; and, if unknown, must be served on the clerk of the Court of First Instance where the property to be affected by such evidence is situated, and by publication thereof in some newspaper of general circulation in the province where the property is situated, to be designated by the judge, for three successive weeks prior to the time of taking the testimony.
Taking the testimony.
SEC. 372. Taking the testimony. — At the time and place designated in the notice provided in the last preceding section the judge shall require proof that the order of notice has been complied with, and certify that fact, and shall thereupon proceed to take the deposition named in the order of the judge; or, if more than one witness is thus named, such of them as appear before him at the time designated, and the taking of the same may be continued from time to time.
Manner of conducting examination.
SEC. 373. Manner of conducting examination. — The examination must be by question and answer. The deposition when completed, must be carefully read to and subscribed by the witness, and certified by the judge taking the same, who shall also certify that the witness was duly sworn, and the deposition shall then, together with the petition and order of the judge for taking the testimony, be sealed up and delivered or transmitted to the clerk of the Court of First Instance of the province in which the applicant resides. The clerk shall indorse on the deposition the date when the same with its accompanying papers was filed in his office, and shall securely retain the same, for the use hereinafter provided.
Any party having a legal interest in the subject-matter of the deposition shall be entitled to receive from the clerk of the court having the lawful custody thereof a certified copy of the deposition, upon payment of lawful fees for making and certifying such copy.
Papers filed prima facie evidence of regularity.
SEC. 374. Papers filed prima facie evidence of regularity. — The petition and order, and certificate of service, and papers filed by the judge as provided in the last preceding section, are prima facie evidence of the facts stated therein, to show compliance with the provisions of the four preceding sections.
Use of such deposition.
SEC. 375. Use of such deposition. — If a trial be had between the parties named in the petition as parties expectant, or their successors in interest, or between any parties wherein it may be material to establish the facts which such deposition proves, or tends to prove, whose interest was unknown to the party taking the deposition at the time of taking, upon proof of the death or insanity of the witnesses, or that they can not be found, or are unable, by reason of age or other infirmity, to give their testimony in court, the depositions, or certified copies thereof, may be used by either party, subject to all legal objections; but, if the parties attended at the examination, no objections to the form of an interrogatory can be made at the trial, unless the same were stated at the examination.
Effect of testimony so taken.
SEC. 376. Effect of testimony so taken. — The deposition so taken and read in evidence shall have the same effect as the oral testimony of the witness, and no other, and every objection to the witness or to the relevancy of any question put to him, or of any answer given by him, may be made in the same manner as if he were examined orally at the trial.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
