[ 1989-07-01] REVISED RULES ON EVIDENCE(RULES 128-134, RULES OF COURT) Resolution dated March 14, 1989 Bar Matter No.

411. Re: Proposed Rules on Evidence as submitted by the Rules o !ourt Revision !ommittee on "u#ust $1% 1&'(. )he !ourt Resolved to *a+ "PPR,-E the Proposed Rules on Evidence as submitted by the Rules o !ourt Revision !ommittee on "u#ust $1% 1&'( e ective .uly 1% 1&'& and *b+ cause its P/B01!")1,N immediately in the , icial 2a3ette and ne4spapers o #eneral circulation. 5eliciano% ..% is on leave. PART IV RULES ON EVIDENCE RULE 128 G ! "#$ P"%&'('%!( SECTION 1) Evidence defined. Evidence is the means% sanctioned by these rules% o ascertainin# in a 6udicial proceedin# the truth respectin# a matter o act. *1+ SEC) 2) Scope. )he rules o evidence shall be the same in all courts and in all trials and hearin#s% e7cept as other4ise provided by la4 or these rules. *8a+ SEC) 3) Admissibility of evidence. Evidence is admissible 4hen it is relevant to the issue and is not e7cluded by the la4 or these rules. *$a+ SEC) 4) Relevancy; collateral matters. Evidence must have such a relation to the act in issue as to induce belie in its e7istence or non9e7istence. Evidence on collateral matters shall not be allo4ed% e7cept 4hen it tends in any reasonable de#ree to establish the probability or improbability o the act in issue. *4a+ RULE 129 *+#, N - N%, . P"%& SECTION 1) Judicial notice, when mandatory. " court shall ta:e 6udicial notice% 4ithout the introduction o evidence% o the e7istence and territorial e7tent o states% their political history% orms o #overnment and symbols o nationality% the la4 o nations% the admiralty and maritime courts o the 4orld and their seals% the political constitution and history o the Philippines% the o icial acts o the le#islative% e7ecutive and 6udicial departments o the Philippines% the la4s o nature% the measure o time% and the #eo#raphical divisions. *1a+ SEC) 2) Judicial notice, when discretionary. " court may ta:e 6udicial notice o matters 4hich are o public :no4led#e% or are capable o un;uestionable demonstration% or ou#ht to be :no4n to 6ud#es because o their 6udicial unctions. *1a+

SEC) 3) Judicial notice, when hearing necessary. <urin# the trial% the court% on its o4n initiative% or on re;uest o a party% may announce its intention to ta:e 6udicial notice o any matter and allo4 the parties to be heard thereon. " ter the trial% and be ore 6ud#ment or on appeal% the proper court% on its o4n initiative or on re;uest o a party% may ta:e 6udicial notice o any matter and allo4 the parties to be heard thereon i such matter is decisive o a material issue in the case. *n+ SEC) 4) Judicial admissions. "n admission% verbal or 4ritten% made by a party in the course o the proceedin#s in the same case% does not re;uire proo . )he admission may be contradicted only by sho4in# that it 4as made throu#h palpable mista:e or that no such admission 4as made. *8a+ RULE 130 R/$ ( %0 A-1'(('.'$',2 ". ,B.E!) *RE"0+ E-1<EN!E SECTION 1) Ob ect as evidence. ,b6ects as evidence are those addressed to the senses o the court. =hen an ob6ect is relevant to the act in issue% it may be e7hibited to% e7amined or vie4ed by the court. *1a+ B. <,!/MEN)"R> E-1<EN!E ?E!. 8. <ocumentary evidence. <ocuments as evidence consists o 4ritin#s or any material containin# letters% 4ords% numbers% i#ures% symbols or other modes o 4ritten e7pressions o ered as proo o their contents. *n+ 1. BE?) E-1<EN!E R/0E SEC) 3) Original document must be produced; e!ceptions. =hen the sub6ect o in;uiry is the contents o a document% no evidence shall be admissible other than the ori#inal document itsel % e7cept in the ollo4in# cases: *a+ =hen the ori#inal has been lost or destroyed% or cannot be produced in court% 4ithout bad aith on the part o the o eror@ *b+ =hen the ori#inal is in the custody or under the control o the party a#ainst 4hom the evidence is o ered% and the latter ails to produce it a ter reasonable notice@ *c+ =hen the ori#inal consists o numerous accounts or other documents 4hich cannot be e7amined in court 4ithout #reat loss o time and the act sou#ht to be established rom them is only the #eneral result o the 4hole@ and *d+ =hen the ori#inal is a public record in the custody o a public o icer or is recorded in a

public o ice. *8a+ SEC) 4) Original of document. *a+ )he ori#inal o a document is one the contents o 4hich are the sub6ect o in;uiry. *b+ =hen a document is in t4o or more copies e7ecuted at or about the same time% 4ith identical contents% all such copies are e;ually re#arded as ori#inals. *c+ =hen an entry is repeated in the re#ular course o business% one bein# copied rom another at or near the time o the transaction% all the entries are li:e4ise e;ually re#arded as ori#inals. *$a+ 8. ?E!,N<"R> E-1<EN!E SEC) 3) "hen original document is unavailable. =hen the ori#inal document has been lost or destroyed% or cannot be produced in court% the o eror% upon proo o its e7ecution or e7istence and the cause o its unavailability 4ithout bad aith on his part% may prove its contents by a copy% or by a recital o its contents in some authentic document% or by the testimony o 4itnesses in the order stated. *4a+ SEC) 4) "hen original document is in adverse party#s custody or control. 1 the document is in the custody o under the control o the adverse party% he must have reasonable notice to produce it. 1 a ter such notice and a ter satis actory proo o its e7istence% he ails to produce the document% secondary evidence may be presented as in the case o its loss. *Aa+ SEC) 7) Evidence admissible when original document is a public record. =hen the ori#inal o a document is in the custody o a public o icer or is recorded in a public o ice% its contents may be proved by a certi ied copy issued by the public o icer in custody thereo . *8a+ SEC) 8) $arty who calls for document not bound to offer it. " party 4ho calls or the production o a document and inspects the same is not obli#ed to o er it as evidence. *Ba+ $. P"R,0 E-1<EN!E R/0E SEC) 9) Evidence of written agreements. =hen the terms o an a#reement have been reduced to 4ritin#% it is considered as containin# all the terms a#reed upon and there can be% bet4een the parties and their successors in interest% no evidence o such terms other than the contents o the 4ritten a#reement. Co4ever% a party may present evidence to modi y% e7plain or add to the terms o the 4ritten a#reement i he puts in issue in his pleadin#: *a+ "n intrinsic ambi#uity% mista:e or imper ection in the 4ritten a#reement@ *b+ )he ailure o the 4ritten a#reement to e7press the true intent and a#reement o the parties thereto@

*c+ )he validity o the 4ritten a#reement@ or *d+ )he e7istence o other terms a#reed to by the parties or their successors in interest a ter the e7ecution o the 4ritten a#reement. )he term a#reementD includes 4ills. *(a+ 4. 1N)ERPRE)")1,N ,5 <,!/MEN)? SEC) 10) %nterpretation of a writing according to its legal meaning. )he lan#ua#e o a 4ritin# is to be interpreted accordin# to the le#al meanin# it bears in the place o its e7ecution% unless the parties intended other4ise. *'+ SEC) 11) %nstrument construed so as to give effect to all provisions. 1n the construction o an instrument 4here there are several provisions or particulars% such a constructions is% i possible% to be adopted as 4ill #ive e ect to all. *&+ SEC) 12) %nterpretation according to intention; general and particular provisions. 1n the construction i an instrument% the intention o the parties is to be pursued@ and 4hen a #eneral and a particular provision are inconsistent% the latter is paramount to the ormer. ?o a particular intent 4ill control a #eneral one that is inconsistent 4ith it. *1E+ SEC) 13) %nterpretation according to circumstances. 5or the proper construction o an instrument% the circumstances under 4hich it 4as made% includin# the situation o the sub6ect thereo and o the parties to it% may be sho4n% so that the 6ud#e may be placed in the position o those 4hose lan#ua#e he is to interpret. *11+ SEC) 14) $eculiar signification of terms. )he terms o a 4ritin# are presumed to have been used in their primary and #eneral acceptation% but evidence is admissible to sho4 that they have a local% technical% or other4ise peculiar si#ni ication% and 4ere so used and understood in the particular instance% in 4hich case the a#reement must be construed accordin#ly. *18+ SEC) 13) "ritten words control printed. =hen an instrument consists partly o 4ritten 4ords and partly o a printed orm% and the t4o are inconsistent% the ormer controls the latter. *1$+ SEC) 14) E!perts and interpreters to be used in e!plaining certain writings. =hen the characters in 4hich an instrument is 4ritten are di icult to be deciphered% or the lan#ua#e is not understood by the court% the evidence o persons s:illed in decipherin# the characters% or 4ho understand the lan#ua#e% is admissible to declare the characters or the meanin# o the lan#ua#e. *14+ SEC) 17) Of two constructions, which preferred. =hen the terms o an a#reement have been intended in a di erent sense by the di erent parties to it% that sense is to prevail a#ainst either partly in 4hich he supposed the other understood it% and 4hen di erent constructions o a provision are other4ise e;ually proper% that is to be ta:en 4hich is the most avorable to the party in 4hose avor the provision 4as made. *1A+

SEC) 18) &onstruction in favor of natural right. =hen an instrument is e;ually susceptible o t4o interpretations% one in avor o natural ri#ht and the other a#ainst it% the ormer is to be adopted. *1B+ SEC) 19) %nterpretation according to usage. "n instrument may be construed accordin# to usa#e% in order to determine its true character. *1(+ !. )E?)1M,N1"0 E-1<EN!E 1. F/"0151!")1,N ,5 =1)NE??E? SEC) 20) "itnesses; their 'ualifications. E7cept as provided in the ne7t succeedin# section% all persons 4ho can perceive% and perceivin#% can ma:e :no4n their perception to others% may be 4itnesses. Reli#ious or political belie % interest in the outcome o the case% or conviction o a crime unless other4ise provided by la4% shall not be a #round or dis;uali ication. *1'a+ SEC) 21) (is'ualification by reason of mental incapacity or immaturity. )he ollo4in# persons cannot be 4itnesses: *a+ )hose 4hose mental condition% at the time o their production or e7amination% is such that they are incapable o intelli#ently ma:in# :no4n their perception to others@ *b+ !hildren 4hose mental maturity is such as to render them incapable o perceivin# the acts respectin# 4hich they are e7amined and o relatin# them truth ully. *1&a+ SEC) 22) (is'ualification by reason of marriage. <urin# their marria#e% neither the husband nor the 4i e may testi y or or a#ainst the other 4ithout the consent o the a ected spouse% e7cept in a civil case by one a#ainst the other% or in a criminal case or a crime committed by one a#ainst the other or the latterGs direct descendants or ascendants. *8Ea+ SEC) 23) (is'ualification by reason of death or insanity of adverse party. Parties or assi#nors o parties to a case% or persons in 4hose behal a case i prosecuted% a#ainst an e7ecutor or administrator or other representative o a deceased person% or a#ainst a person o unsound mind% upon a claim or demand a#ainst the estate o such deceased person or a#ainst such person o unsound mind% cannot testi y as to any matter o act occurrin# be ore the death o such deceased person or be ore such person became o unsound mind. *8Ea+ SEC) 24) (is'ualification by reason of privileged communication. )he ollo4in# persons cannot testi y as to matters learned in con idence in the ollo4in# cases: *a+ )he husband or the 4i e% durin# or a ter the marria#e% cannot be e7amined 4ithout the consent o the other as to any communication received in con idence by one rom the other durin# the marria#e e7cept in a civil case by one a#ainst the other% or in a criminal case or a crime committed by one a#ainst the other or the latterGs direct descendants or ascendants@ *b+ "n attorney cannot% 4ithout the consent o his client% be e7amined as to any communication made by the client to him% or his advice #iven thereon in the course o % or

4ith a vie4 to% pro essional employment% nor can an attorneyGs secretary% steno#rapher% or cler: be e7amined% 4ithout the consent o the client and his employer% concernin# any act the :no4led#e o 4hich has been ac;uired in such capacity@ *c+ " person authori3ed to practice medicine% sur#ery or obstetrics cannot in a civil case% 4ithout the consent o the patient% be e7amined as to any advice or treatment #iven by him or any in ormation 4hich he may have ac;uired in attendin# such patient in a pro essional capacity% 4hich in ormation 4as necessary to enable him to act in that capacity% and 4hich 4ould blac:en the reputation o the patient@ *d+ " minister or priest cannot% 4ithout the consent o the person ma:in# the con ession% be e7amined as to any con ession made to or any advice #iven by him in his pro essional character in the course o discipline en6oined by the church to 4hich the minister or priest belon#s@ *e+ " public o icer cannot be e7amined durin# his term o o ice or a ter4ards% as to communications made to him in o icial con idence% 4hen the court inds that the public interest 4ould su er by the disclosure. *81a+ 8. )E?)1M,N1"0 PR1-10E2E SEC) 23) $arental and filial privilege. No person may be compelled to testi y a#ainst his parents% other direct ascendants% children or other direct descendants. *8Ea+ $. "<M1??1,N? "N< !,N5E??1,N? SEC) 24) Admissions of a party. )he act% declaration or omission o a party as to a relevant act may be #iven in evidence a#ainst him. *88+ SEC) 27) Offer of compromise not admissible. 1n civil cases% an o er o compromise is not an admission o any liability% and is not admissible in evidence a#ainst the o error. 1n criminal cases% e7cept those involvin# ;uasi9o enses *criminal ne#li#ence+ or those allo4ed by la4 to be compromised% an o er o compromise by the accused may be received in evidence as an implied admission o #uilt. " plea o #uilty later 4ithdra4n% or an unaccepted o er o a plea o #uilty to a lesser o ense% is not admissible in evidence a#ainst the accused 4ho made the plea or o er. "n o er to pay or the payment o medical% hospital or other e7penses occasioned by an in6ury is not admissible in evidence as proo o civil or criminal liability or the in6ury. *84a+ SEC) 28) Admission by third party. )he ri#hts o a party cannot be pre6udiced by an act% declaration% or omission o another% e7cept as hereina ter provided. *8Aa+ SEC) 29) Admission by co)partner or agent. )he act or declaration o a partner or a#ent o the party 4ithin the scope o his authority and durin# the e7istence o the partnership or

a#ency% may be #iven in evidence a#ainst such party a ter the partnership or a#ency is sho4n by evidence other than such act or declaration. )he same rule applies to the act or declaration o a 6oint o4ner% 6oint debtor% or other person 6ointly interested 4ith the party. *8Ba+ SEC) 30) Admission by conspirator. )he act or declaration o a conspirator relatin# to the conspiracy and durin# its e7istence% may be #iven in evidence a#ainst the co9conspirator a ter the conspiracy is sho4n by evidence other than such act or declaration. *8(+ SEC) 31) Admission by privies. =here one derives title to property rom another% the act% declaration% or omission o the latter% 4hile holdin# the title% in relation to the property% is evidence a#ainst the ormer. *8'+ SEC) 32) Admission by silence. "n act or declaration made in the presence and 4ithin the hearin# or observation o a party 4ho does or says nothin# 4hen the act or declaration is such as naturally to call or action or comment i not true% and 4hen proper and possible or him to do so% may be #iven in evidence a#ainst him. *8$a+ SEC) 33) &onfession. )he declaration o an accused ac:no4led#in# his #uilt o the o ense char#ed% or o any o ense necessarily included therein% may be #iven in evidence a#ainst him. *8&a+ 4. PRE-1,/? !,N</!) "? E-1<EN!E SEC) 34) Similar acts as evidence. Evidence that one did or did not do a certain thin# at one time is not admissible to prove that he did or did not do the same or a similar thin# at another time@ but it may be received to prove a speci ic intent or :no4led#e% identity% plan% system% scheme% habit% custom or usa#e% and the li:e. *4'a+ SEC) 33) *naccepted offer. "n o er in 4ritin# to pay a particular sum o money or to deliver a 4ritten instrument or speci ic personal property is% i re6ected 4ithout valid cause% e;uivalent to the actual production and tender o the money% instrument% or property. *4&a+ A. )E?)1M,N1"0 HN,=0E<2E SEC) 34) +estimony generally confined to personal ,nowledge; hearsay e!cluded. " 4itnesses can testi y only to those acts 4hich he :no4s o his personal :no4led#e@ that is% 4hich are derived rom his o4n perception% e7cept as other4ise provided in these rules. *$Ea+ B. EI!EP)1,N? ), )CE CE"R?"> R/0E SEC) 37) (ying declaration. )he declaration o a dyin# person% made under the consciousness o an impendin# death% may be received in any case 4herein his death is the sub6ect o in;uiry% as evidence o the cause and surroundin# circumstances o such death. *$1a+ SEC) 38) (eclaration against interest. )he declaration made by a person deceased% or unable to testi y% a#ainst the interest o the declarant% i the act asserted in the declaration

4as at the time it 4as made so ar contrary to declarantGs o4n interest% that a reasonable man in his position 4ould not have made the declaration unless he believed it to be true% may be received in evidence a#ainst himsel or his successors in interest and a#ainst third persons. *$8a+ SEC) 39) Act or declaration about pedigree. )he act or declaration o a person deceased% or unable to testi y% in respect to the pedi#ree o another person related to him by birth or marria#e% may be received in evidence 4here it occurred be ore the controversy% and the relationship bet4een the t4o persons is sho4n by evidence other than such act or declaration. )he 4ord pedi#reeD includes relationship% amily #enealo#y% birth% marria#e% death% the dates 4hen the places 4here these acts occurred% and the names o the relatives. 1t embraces also acts o amily history intimately connected 4ith pedi#ree. *$$a+ SEC) 40) -amily reputation or tradition regarding pedigree. )he reputation o tradition e7istin# in a amily previous to the controversy% in respect to the pedi#ree o any one o its members% may be received in evidence i the 4itness testi yin# thereon be also a member o the amily% either by consan#uinity or a inity. Entries in amily bibles or other amily boo:s or charts% en#ravin#s on rin#s% amily portraits and the li:e% may be received as evidence o pedi#ree. *$4a+ SEC) 41) &ommon reputation. !ommon reputation e7istin# previous to the controversy% respectin# acts o public or #eneral interest more than thirty years old% or respectin# marria#e or moral character% may be #iven in evidence. Monuments and inscriptions in public places may be received as evidence o common reputation. *$A+ SEC) 42) $art of the res gestae. ?tatements made by a person 4hile a startlin# occurrence is ta:in# place or immediately prior or subse;uent thereto 4ith respect to the circumstances thereo % may be #iven in evidence as part o the res #estae. ?o% also% statements accompanyin# an e;uivocal act material to the issue% and #ivin# it a le#al si#ni icance% may be received as part o the res #estae. *$Ba+ SEC) 43) Entries in the course of business. Entries made at% or near the time o the transactions to 4hich they re er% by a person deceased% or unable to testi y% 4ho 4as in a position to :no4 the acts therein stated% may be received as prima acie evidence% i such person made the entries in his pro essional capacity or in the per ormance o duty and in the ordinary or re#ular course o business or duty. *$(a+ SEC) 44) Entries in official records. Entries in o icial records made in the per ormance o his duty by a public o icer o the Philippines% or by a person in the per ormance o a duty specially en6oined by la4% are prima acie evidence o the acts therein stated. *$'+ SEC) 43) &ommercial lists and the li,e. Evidence o statements o matters o interest to persons en#a#ed in an occupation contained in a list% re#ister% periodical% or other published compilation is admissible as tendin# to prove the truth o any relevant matter so stated i that compilation is published or use by persons en#a#ed in that occupation and is #enerally used and relied upon by them therein. *$&+ SEC) 44) .earned treatises. " published treatise% periodical or pamphlet on a sub6ect o history% la4% science or art is admissible as tendin# to prove the truth o a matter stated therein i the court ta:es 6udicial notice% or a 4itness e7pert in the sub6ect testi ies% that the

4riter o the statement in the treatise% periodical or pamphlet is reco#ni3ed in his pro ession or callin# as e7pert in the sub6ect. *4Ea+ SEC) 47) +estimony or deposition at a former proceeding. )he )estimony or deposition o a 4itnesses deceased or unable to testi y% #iven in a ormer case or proceedin#% 6udicial or administrative% involvin# the same parties and sub6ect matter% may be #iven in evidence a#ainst the adverse party 4ho had the opportunity to cross9e7amine him. *41a+ (. ,P1N1,N R/0E SEC) 48) /eneral rule. )he opinion o a 4itness is not admissible% e7cept as indicated in the ollo4in# sections. *48+ SEC) 49) Opinion of e!pert witness. )he opinion o a 4itness on a matter re;uirin# special :no4led#e% s:ill% e7perience or trainin# 4hich he is sho4n to possess% may be received in evidence. *4$a+ SEC) 30) Opinion of ordinary witnesses. )he opinion o a 4itness or 4hich proper basis is #iven% may be received in evidence re#ardin# *a+ the identity o a person about 4hom he has ade;uate :no4led#e@ *b+ " hand4ritin# 4ith 4hich he has su icient amiliarity@ and *c+ )he mental sanity o a person 4ith 4hom he is su iciently ac;uainted. )he 4itness may also testi y on his impressions o the emotion% behavior% condition or appearance o a person. *44a+ '. !C"R"!)ER E-1<EN!E SEC) 31) &haracter evidence not generally admissible; e!ceptions0 9 *a+ 1n !riminal !ases: 1. )he accused may prove his hood moral character 4hich is pertinent to the moral trait involved in the o ense char#ed. 8. /nless in rebuttal% the prosecution may not prove his bad moral character 4hich is pertinent to the moral trait involved in the o ense char#ed. $. )he #ood or bad moral character o the o ended party may be proved i it tends to establish in any reasonable de#ree the probability or improbability o the o ense char#ed.

*b+ 1n !ivil !ases: Evidence o the moral character o a party in a civil case is admissible only 4hen pertinent to the issue o character involved in the case. *c+ 1n the case provided or in Rule 1$8% ?ection 14. *4Ba% 4(a+ R/$ 131 5/"- ! %0 P"%%0 #!- P" (/16,'%!( SECTION 1) 1urden of proof. J Burden o proo is the duty o a party to present evidence on the acts in issue necessary to establish his claim or de ense by the amount o evidence re;uired by la4. *1a% 8a+ SEC) 2) &onclusive presumptions.J )he ollo4in# are instances o conclusive presumptions: *a+ =henever a party has% by his o4n declaration% act% or omission% intentionally and deliberately led another to believe a particular thin# true% and to act upon such belie % he cannot% in any liti#ation arisin# out o such declaration% act or omission% be permitted to alsi y it@ *b+ )he tenant is not permitted to deny the title o his landlord at the time o the commencement o the relation o landlord and tenant bet4een them. *$a+ SEC) 3) (isputable presumptions.J )he ollo4in# presumptions are satis actory i uncontradicted% but may be contradicted and overcome by other evidence: *a+ )hat a person is innocent o crime or 4ron#@ *b+ )hat an unla4 ul act 4as done 4ith an unla4 ul intent@ *c+ )hat a person intends the ordinary conse;uences o his voluntary act@ *d+ )hat a person ta:es ordinary care o his concerns@ *e+ )hat evidence 4ill ully suppressed 4ould be adverse i produced@ * + )hat money paid by one to another 4as due to the latter@ *#+ )hat a thin# delivered by one to another belon#ed to the latter@ *h+ )hat an obli#ation delivered up to the debtor has been paid@ *i+ )hat prior rents or installments had been paid 4hen a receipt or the later ones is produced@ *6+ )hat a person ound in possession o a thin# ta:en in the doin# o a recent 4ron# ul act is

the ta:er and the doer o the 4hole act@ other4ise% that thin#s 4hich a person possesses% or e7ercises acts o o4nership over% are o4ned by him@ *:+ )hat a person in possession o an order on himsel or the payment o the money% or the delivery o anythin#% has paid the money or delivered the thin# accordin#ly@ *l+ )hat a person actin# in a public o ice 4as re#ularly appointed or elected to it@ *m+ )hat o icial duty has been re#ularly per ormed@ *n+ )hat a court% or 6ud#e actin# as such% 4hether in the Philippines or else4here% 4as actin# in the la4 ul e7ercise o 6urisdiction@ *o+ )hat all the matters 4ithin an issue raised in a case 4ere laid be ore the court and passed upon by it@ and in li:e manner that all matters 4ithin an issue raised in a dispute submitted or arbitration 4ere laid be ore the arbitrators and passed upon by them@ *p+ )hat private transactions have been air and re#ular@ *;+ )hat the ordinary course o business has been ollo4ed@ *r+ )hat there 4as a su icient consideration or a contract@ *s+ )hat a ne#otiable instrument 4as #iven or indorsed or a su icient consideration@ *t+ )hat an indorsement o a ne#otiable instrument 4as made be ore the instrument 4as overdue and at the place 4here the instrument is dated@ *u+ )hat a 4ritin# is truly dated@ *v+ )hat a letter duly directed and mailed 4as received in the re#ular course o the mail@ *4+ )hat a ter an absence o seven years% it bein# un:no4n 4hether or not the absentee still lives% he is considered dead or all purposes% e7cept or those o succession. )he absentee shall not be considered dead or the purpose o openin# his succession till a ter an absence o ten years. 1 he disappeared a ter the a#e o seventy9 ive years% an absence o ive years shall be su icient in order that his succession may be opened. )he ollo4in# shall be considered dead or all purposes includin# the division o the estate amon# the heirs: 1. " person on board a vessel lost durin# a sea voya#e% or an aircra t 4hich is missin#% 4ho has not been heard o or our years since the loss o the vessel or aircra t@ 8. " member o the armed orces 4ho has ta:en part in armed hostilities% and has been missin# or our years@

$. " person 4ho has been in dan#er o death under other circumstances and 4hose e7istence has not been :no4n or our years@ 4. 1 a married person has been absent or our consecutive years% the spouse present may contract a subse;uent marria#e i he or she has a 4ell9 ounded belie that the absent spouse is already dead. 1n case o disappearance% 4here there is dan#er o death under the circumstances hereinabove provided% an absence o only t4o years shall be su icient or the purpose o contractin# a subse;uent marria#e. Co4ever% in any case% be ore marryin# a#ain% the spouse present must institute a summary proceedin# as provided in the 5amily !ode and in the rules or a declaration o presumptive death o the absentee% 4ithout pre6udice to the e ect o reappearance o the absent spouse.

*7+ )hat ac;uiescence resulted rom a belie that the thin# ac;uiesced in 4as con ormable to the la4 or act@ *y+ )hat thin#s have happened accordin# to the ordinary course o nature and the ordinary habits o li e@ *3+ )hat persons actin# as copartners have entered into a contract o copartnership@ *aa+ )hat a man and 4oman deportin# themselves as husband and 4i e have entered into a la4 ul contract o marria#e@ *bb+ )hat property ac;uired by a man and a 4oman 4ho are capacitated to marry each other and 4ho live e7clusively 4ith each other as husband and 4i e 4ithout the bene it o marria#e or under a void marria#e% has been obtained by their 6oint e orts% 4or: or industry. *cc+ )hat in cases o cohabitation by a man and a 4oman 4ho are not capacitated to marry each other and 4ho have ac;uired property throu#h their actual 6oint contribution o money% property or industry% such contributions and their correspondin# shares includin# 6oint deposits o money and evidences o credit are e;ual. *dd+ )hat i the marria#e is terminated and the mother contracted another marria#e 4ithin three hundred days a ter such termination o the ormer marria#e% these rules shall #overn in the absence o proo to the contrary:

1. " child born be ore one hundred ei#hty days a ter the solemni3ation o the subse;uent marria#e is considered to have been conceived durin# the ormer marria#e% provided it be born 4ithin three hundred days a ter the termination o the ormer marria#e@ 8. " child born a ter one hundred ei#hty days ollo4in# the celebration o the subse;uent mana#e is considered to have been conceived durin# such marria#e% even thou#h it be born 4ithin the three hundred days a ter the termination o the ormer marria#e.

*ee+ )hat a thin# once proved to e7ist continues as lon# as is usual 4ith thin#s o that nature@ * + )hat the la4 has been obeyed@ *##+ )hat a printed or published boo:% purportin# to be printed or published by public authority% 4as so printed or published@ *hh+ )hat a printed or published boo:% purportin# to contain reports o cases ad6ud#ed in tribunals o the country 4here the boo: is published% contains correct reports o such cases@ *ii+ )hat a trustee or other person 4hose duty it 4as to convey real property to a particular person has actually conveyed it to him 4hen such presumption is necessary to per ect the title o such person or his successor in interest@ *66+ )hat e7cept or purposes o succession% 4hen t4o persons perish in the same calamity% such as 4rec:% battle% or con la#ration% and it is not sho4n 4ho died irst% and there are no particular circumstances rom 4hich it can be in erred% the survivorship is determined rom the probabilities resultin# rom the stren#th and a#e o the se7es% accordin# to the ollo4in# rules:

1. 1 both 4ere under the a#e o i teen years% the older is deemed to have survived@ 8. 1 both 4ere above the a#e o si7ty% the youn#er is deemed to have survived@ $. 1 one is under i teen and the other above si7ty% the ormer is deemed to have survived@ 4. 1 both be over i teen and under si7ty% and the se7 be di erent% the male is deemed to have survived@ i the se7 be the same% the older@ A. 1 one be under i teen or over si7ty% and the other bet4een those a#es% the latter is deemed to have survived.

*::+ )hat i there is a doubt% as bet4een t4o or more persons 4ho are called to succeed each other% as to 4hich o them died irst% 4hoever alle#es the death o one prior to the other% shall prove the same@ in the absence o proo % they shall be considered to have died at the same time. *Aa+

SEC) 4) 2o presumption of legitimacy or illegitimacy. J )here is no presumption o le#itimacy or ille#itimacy o a child born a ter three hundred days ollo4in# the dissolution o the marria#e or the separation o the spouses. =hoever alle#es the le#itimacy or ille#itimacy o such child must prove his alle#ation. *B+

RULE 132 P" ( !,#,'%! %0 E&'- !7 A) E8A9INATION OF *ITNESSES SECTION 1) E!amination to be done in open court. J )he e7amination o 4itnesses presented in a trial or hearin# shall be done in open court% and under oath or a irmation. /nless the 4itness is incapacitated to spea:% or the ;uestion calls or a di erent mode o ans4er% the ans4ers o the 4itness shall be #iven orally. *1a+ SEC) 2) $roceedings to be recorded.J )he entire proceedin#s o a trial or hearin#% includin# the ;uestions propounded to a 4itness and his ans4ers thereto% the statements made by the 6ud#e or any o the parties% counsel% or 4itnesses 4ith re erence to the case% shall be recorded by means o shorthand or stenotype or by other means o recordin# ound suitable by the court. " transcript o the record o the proceedin#s made by the o icial steno#rapher% stenotypist or recorder and certi ied as correct by him shall be deemed prima acie a correct statement o such proceedin#s. *8a+ SEC) 3) Rights and obligations of a witness. J " 4itness must ans4er ;uestions% althou#h his ans4er may tend to establish a claim a#ainst him. Co4ever% it is the ri#ht o a 4itness: 1. )o be protected rom irrelevant% improper% or insultin# ;uestions% and rom harsh or insultin# demeanor@ 8. Not to be detained lon#er than the interests o 6ustice re;uire@ $. Not to be e7amined e7cept only as to matters pertinent to the issue@ 4. Not to #ive an ans4er 4hich 4ill tend to sub6ect him to a penalty or an o ense unless other4ise provided by la4@ or A. Not to #ive an ans4er 4hich 4ill tend to de#rade his reputation% unless it be to the very act at issue or to a act rom 4hich the act in issue 4ould be presumed. But a 4itness must ans4er to the act o his previous inal conviction or an o ense. *$a% 1&a+

SEC) 4) Order in the e!amination of an individual witness.J )he order in 4hich an individual 4itness may be e7amined is as ollo4s: *a+ <irect e7amination by the proponent@ *b+ !ross9e7amination by the opponent@ *c+ Re9direct e7amination by the proponent@

*d+ Re9cross9e7amination by the opponent. *4+ SEC) 3) (irect e!amination.J <irect e7amination is the e7amination9in9chie o a 4itness by the party presentin# him on the acts relevant to the issue. *Aa+ SEC) 4) &ross)e!amination; its purpose and e!tent.J /pon the termination o the direct e7amination% the 4itness may be cross9e7amined by the adverse party as to any matters stated in the direct e7amination% or connected there4ith% 4ith su icient ullness and reedom to test his accuracy and truth ulness and reedom rom interest or bias% or the reverse% and to elicit all important acts bearin# upon the issue. *'a+ SEC) 7) Re)direct e!amination; its purpose and e!tent.J " ter the cross9e7amination o the 4itness has been concluded% he may be re9e7amined by the party callin# him% to e7plain or supplement his ans4ers #iven durin# the cross9e7amination. ,n re9direct e7amination% ;uestions on matters not dealt 4ith durin# the cross9e7amination% may be allo4ed by the court in its discretion. *18+ SEC) 8) Re)cross)e!amination. J /pon the conclusion o the re9direct e7amination% the adverse party may re9cross9e7amine the 4itness on matters stated in his re9direct e7amination% and also on such other matters as may be allo4ed by the court in its discretion. *1$+ SEC) 9) Recalling witness.J " ter the e7amination o a 4itness by both sides has been concluded% the 4itness cannot be recalled 4ithout leave o the court. )he court 4ill #rant or 4ithhold leave in its discretion% as the interests o 6ustice may re;uire. *14+ SEC) 10) .eading and misleading 'uestions. J " ;uestion 4hich su##ests to the 4itness the ans4er 4hich the e7aminin# party desires is a leadin# ;uestion. 1t is not allo4ed% e7cept: *a+ ,n cross e7amination@ *b+ ,n preliminary matters@ *c+ =hen there is di iculty in #ettin# direct and intelli#ible ans4ers rom a 4itness 4ho is i#norant% or a child o tender years% or is o eeble mind% or a dea 9mute@ *d+ , an un4illin# or hostile 4itness@ or *e+ , a 4itness 4ho is an adverse party or an o icer% director% or mana#in# a#ent o a public or private corporation or o a partnership or association 4hich is an adverse party. " misleadin# ;uestion is one 4hich assumes as true a act not yet testi ied to by the 4itness% or contrary to that 4hich he has previously stated. 1t is not allo4ed. *Aa% Ba% and 'a+ SEC) 11) %mpeachment of adverse party3s witness. J " 4itness may be impeached by the party a#ainst 4hom he 4as called% by contradictory evidence% by evidence that his #eneral reputation or truth% honesty% or inte#rity is bad% or by evidence that he has made at other

times statements inconsistent 4ith his present testimony% but not by evidence o particular 4ron# ul acts% e7cept that it may be sho4n by the e7amination o the 4itness% or the record o the 6ud#ment% that he has been convicted o an o ense. *1A+ SEC) 12) $arty may not impeach his own witness. J E7cept 4ith respect to 4itnesses re erred to in para#raphs *d+ and *e+ o ?ection 1E% the party producin# a 4itness is not allo4ed to impeach his credibility. " 4itness may be considered as un4illin# or hostile only i so declared by the court upon ade;uate sho4in# o his adverse interest% un6usti ied reluctance to testi y% or his havin# misled the party into callin# him to the 4itness stand. )he un4illin# or hostile 4itness so declared% or the 4itness 4ho is an adverse party% may be impeached by the party presentin# him in all respects as i he had been called by the adverse party% e7cept by evidence o his bad character. Ce may also be impeached and cross9 e7amined by the adverse party% but such cross9e7amination must only be on the sub6ect matter o his e7amination9in9chie . *Ba% (a+ SEC) 13) 4ow witness impeached by evidence of inconsistent statements.JBe ore a 4itness can be impeached by evidence that he has made at other times statements inconsistent 4ith his present testimony% the statements must be related to him% 4ith the circumstances o the times and places and the persons present% and he must be as:ed 4hether he made such statements% and i so% allo4ed to e7plain them. 1 the statements be in 4ritin# they must be sho4n to the 4itness be ore any ;uestion is put to him concernin# them. *1B+ SEC) 14) Evidence of good character of witness. J Evidence o the #ood character o a 4itness is not admissible until such character has been impeached. *1(+ SEC) 13) E!clusion and separation of witnesses. J ,n any trial or hearin#% the 6ud#e may e7clude rom the court any 4itness not at the time under e7amination% so that he may not hear the testimony o other 4itnesses. )he 6ud#e may also cause 4itnesses to be :ept separate and to be prevented rom conversin# 4ith one another until all shall have been e7amined. *1'+ SEC) 14) "hen witness may refer to memorandum. J " 4itness may be allo4ed to re resh his memory respectin# a act% by anythin# 4ritten or recorded by himsel or under his direction at the time 4hen the act occurred% or immediately therea ter% or at any other time 4hen the act 4as resh in his memory and he :ne4 that the same 4as correctly 4ritten or recorded@ but in such case the 4ritin# or record must be produced and may be inspected by the adverse party% 4ho may% i he chooses% cross9e7amine the 4itness upon it% and may read it in evidence. ?o% also% a 4itness may testi y rom such a 4ritin# or record% thou#h he retain no recollection o the particular acts% i he is able to s4ear that the 4ritin# or record correctly stated the transaction 4hen made@ but such evidence must be received 4ith caution. *1Ea+ SEC) 17) "hen part of transaction, writing or record given in evidence, the remainder admissible. J =hen part o an act% declaration% conversation% 4ritin# or record is #iven in evidence by one party% the 4hole o the same sub6ect may be in;uired into by the other% and 4hen a detached act% declaration% conversation% 4ritin# or record is #iven in evidence% any other act% declaration% conversation% 4ritin# or record necessary to its understandin# may also be #iven in evidence. *11a+

SEC) 18) Right to inspect writing shown to witness.J =henever a 4ritin# is sho4n to a 4itness% it may be inspected by the adverse party. *&a+ B. "/)CEN)1!")1,N "N< PR,,5 ,5 <,!/MEN)? SEC) 19) &lasses of documents.J 5or the purpose o their presentation in evidence% documents are either public or private. Public documents are: *a+ )he 4ritten o icial acts% or records o the o icial acts o the soverei#n authority% o icial bodies and tribunals% and public o icers% 4hether o the Philippines% or o a orei#n country@ *b+ <ocuments ac:no4led#ed be ore a notary public e7cept last 4ills and testaments@ and *c+ Public records% :ept in the Philippines% o private documents re;uired by la4 to be entered therein. "ll other 4ritin#s are private. *8Ea+ SEC) 20) $roof of private document. J Be ore any private document o ered as authentic is received in evidence% its due e7ecution and authenticity must be proved either: *a+ By anyone 4ho sa4 the document e7ecuted or 4ritten@ or *b+ By evidence o the #enuineness o the si#nature or hand4ritin# o the ma:er. "ny other private document need only be identi ied as that 4hich it is claimed to be. *81a+ SEC) 21) "hen evidence of authenticity of private document not necessary. 9 =here a private document is more than thirty years old% is produced rom a custody in 4hich it 4ould naturally be ound i #enuine% and is unblemished by any alterations or circumstances o suspicion% no other evidence o its authenticity need be #iven. *88a+ SEC) 22) 4ow genuineness of handwriting proved.J )he hand4ritin# o a person may be proved by any 4itness 4ho believes it to be the hand4ritin# o such person because he has seen the person 4rite% or has seen 4ritin# purportin# to be his upon 4hich the 4itness has acted or been char#ed% and has thus ac;uired :no4led#e o the hand4ritin# o such person. Evidence respectin# the hand4ritin# may also be #iven by a comparison% made by the 4itness or the court% 4ith 4ritin#s admitted or treated as #enuine by the party a#ainst 4hom the evidence is o ered% or proved to be #enuine to the satis action o the 6ud#e. *8$a+ SEC) 23) $ublic documents as evidence.J <ocuments consistin# o entries in public records made in the per ormance o a duty by a public o icer are prima acie evidence o the acts therein stated. "ll other public documents are evidence% even a#ainst a third person% o the act 4hich #ave rise to their e7ecution and o the date o the latter. *84a+ SEC) 24) $roof of official record.J )he record o public documents re erred to in para#raph

*a+ o ?ection 1&% 4hen admissible or any purpose% may be evidenced by an o icial publication thereo or by a copy attested by the o icer havin# the le#al custody o the record% or by his deputy% and accompanied% i the record is not :ept in the Philippines% 4ith a certi icate that such o icer has the custody. 1 the o ice in 4hich the record is :ept is in a orei#n country% the certi icate may be made by a secretary o the embassy or le#ation% consul #eneral% consul% vice consul% or consular a#ent or by any o icer in the orei#n service o the Philippines stationed in the orei#n country in 4hich the record is :ept% and authenticated by the seal o his o ice. *8Aa+ SEC) 23) "hat attestation of copy must state. J =henever a copy o a document or record is attested or the purpose o evidence% the attestation must state% in substance% that the copy is a correct copy o the ori#inal% or a speci ic part thereo % as the case may be. )he attestation must be under the o icial seal o the attestin# o icer% i there be any% or i he be the cler: o a court havin# a seal% under the seal o such court. *8Ba+ SEC) 24) %rremovability of public record. J "ny public record% an o icial copy o 4hich is admissible in evidence% must not be removed rom the o ice in 4hich it is :ept% e7cept upon order o a court 4here the inspection o the record is essential to the 6ust determination o a pendin# case. *8(a+ SEC) 27) $ublic record of a private document.J "n authori3ed public record o a private document may be proved by the ori#inal record% or by a copy thereo % attested by the le#al custodian o the record% 4ith an appropriate certi icate that such o icer has the custody. *8'a+ SEC) 28) $roof of lac, of record.J " 4ritten statement si#ned by an o icer havin# the custody o an o icial record or by his deputy that a ter dili#ent search no record or entry o a speci ied tenor is ound to e7ist in the records o his o ice% accompanied by a certi icate as above provided% is admissible as evidence that the records o his o ice contain no such record or entry. *8&+ SEC) 29) 4ow udicial record impeached.J "ny 6udicial record may be impeached by evidence o : *a+ 4ant o 6urisdiction in the court or 6udicial o icer% *b+ collusion bet4een the parties% or *c+ raud in the party o erin# the record% in respect to the proceedin#s. *$Ea+ SEC) 30) $roof of notarial documents.J Every instrument duly ac:no4led#ed or proved and certi ied as provided by la4% may be presented in evidence 4ithout urther proo % the certi icate o ac:no4led#ment bein# prima acie evidence o the e7ecution o the instrument or document involved. *$1a+ SEC) 31) Alterations in document, how to e!plain.J )he party producin# a document as #enuine 4hich has been altered and appears to have been altered a ter its e7ecution% in a part material to the ;uestion in dispute% must account or the alteration. Ce may sho4 that the alteration 4as made by another% 4ithout his concurrence% or 4as made 4ith the consent o the parties a ected by it% or 4as other4ise properly or innocently made% or that the alteration did not chan#e the meanin# or lan#ua#e o the instrument. 1 he ails to do that% the document shall not be admissible in evidence. *$8a+ SEC) 32) Seal.J)here shall be no di erence bet4een sealed and unsealed private documents inso ar as their admissibility as evidence is concerned. *$$a+

K BK?E!. $$. Documentary evidence in an unofficial language.J <ocuments 4ritten in an uno icial lan#ua#e shall not be admitted as evidence% unless accompanied 4ith a translation into En#lish or 5ilipino. )o avoid interruption o proceedin#s% parties or their attorneys are directed to have such translation prepared be ore trial. *$4a+ !. ,55ER "N< ,B.E!)1,N SEC) 34) Offer of evidence.J )he court shall consider no evidence 4hich has not been ormally o ered. )he purpose or 4hich the evidence is o ered must be speci ied. *$A+ SEC) 33) "hen to ma,e offer.J "s re#ards the testimony o a 4itness% the o er must be made at the time the 4itness is called to testi y. <ocumentary and ob6ect evidence shall be o ered a ter the presentation o a partyLs testimonial evidence. ?uch o er shall be done orally unless allo4ed by the court to be done in 4ritin#% *n+ SEC) 34) Ob ection.J ,b6ection to evidence o ered orally must be made immediately a ter the o er is made. ,b6ection to a ;uestion propounded in the course o the oral e7amination o a 4itness shall be made as soon as the #rounds there or shall become reasonably apparent. "n o er o evidence in 4ritin# shall be ob6ected to 4ithin three *$+ days a ter notice o the o er unless a di erent period is allo4ed by the court. 1n any case% the #rounds or the ob6ections must be speci ied. *$Ba+ SEC) 37) "hen repetition of ob ection unnecessary.J =hen it becomes reasonably apparent in the course o the e7amination o a 4itness that the ;uestions bein# propounded are o the same class as those to 4hich ob6ection has been made% 4hether such ob6ection 4as sustained or overruled% it shall not be necessary to repeat the ob6ection% it bein# su icient or the adverse party to record his continuin# ob6ection to such class o ;uestions. *$(a+ SEC) 38) Ruling.J )he rulin# o the court must be #iven immediately a ter the ob6ection is made% unless the court desires to ta:e a reasonable time to in orm itsel on the ;uestion presented@ but the rulin# shall al4ays be made durin# the trial and at such time as 4ill #ive the party a#ainst 4hom it is made an opportunity to meet the situation presented by the rulin#. )he reason or sustainin# or overrulin# an ob6ection need not be stated. Co4ever% i the ob6ection is based on t4o or more #rounds% a rulin# sustainin# the ob6ection on one or some o them must speci y the #round or #rounds relied upon. *$'a+ SEC) 39) Stri,ing out answer.J ?hould a 4itness ans4er the ;uestion be ore the adverse party had the opportunity to voice ully its ob6ection to the same% and such ob6ection is ound to be meritorious% the court shall sustain the ob6ection and order the ans4er #iven to be stric:en o the record.

,n proper motion% the court may also order the stri:in# out o ans4ers 4hich are incompetent% irrelevant% or other4ise improper. *n+ SEC) 40) +ender of e!cluded evidence.J 1 documents or thin#s o ered in evidence are e7cluded by the court% the o eror may have the same attached to or made part o the record. 1 the evidence e7cluded is oral% the o eror may state or the record the name and other personal circumstances o the 4itness and the substance o the proposed testimony. *n+ RULE 133 *EIG:T AND SUFFICIENC; OF EVIDENCE SECTION 1) $reponderance of evidence, how determined.J 1n civil cases% the party havin# the burden o proo must establish his case by a preponderance o evidence. 1n determinin# 4here the preponderance or superior 4ei#ht o evidence on the issues involved lies% the court may consider all the acts and circumstances o the case% the 4itnessesL manner o testi yin#% their intelli#ence% their means and opportunity o :no4in# the acts to 4hich they are testi yin#% the nature o the acts to 4hich they testi y% the probability or improbability o their testimony% their interest or 4ant o interest% and also their personal credibility so ar as the same may le#itimately appear upon the trial. )he court may also consider the number o 4itnesses% thou#h the preponderance is not necessarily 4ith the #reater number. *1a+ SEC) 2) $roof beyond reasonable doubt.J 1n a criminal case% the accused is entitled to an ac;uittal% unless his #uilt is sho4n beyond reasonable doubt. Proo beyond reasonable doubt does not mean such a de#ree o proo as% e7cludin# possibility o error% produces absolute certainty. Moral certainty only is re;uired% or that de#ree o proo 4hich produces conviction in an unpre6udiced mind. *8a+ SEC) 3) E!tra udicial confession, not sufficient ground for conviction. J "n e7tra6udicial con ession made by an accused% shall not be su icient #round or conviction% unless corroborated by evidence o corpus delicti. *$+ SEC) 4) &ircumstantial evidence, when sufficient.J !ircumstantial evidence is su icient or conviction i : *a+ )here is more than one circumstance@ *b+ )he acts rom 4hich the in erences are derived are proven@ and *c+ )he combination o all the circumstances is such as to produce a conviction beyond reasonable doubt. *A+ SEC) 3) Substantial evidence.J 1n cases tiled be ore administrative or ;uasi96udicial bodies% a act maybe deemed established i it is supported by substantial evidence% or that amount o relevant evidence 4hich a reasonable mind mi#ht accept as ade;uate to 6usti y a conclusion. *n+ SEC) 4) $ower of the court to stop further evidence. J )he court may stop the introduction

o urther testimony upon any particular point 4hen the evidence upon it is already so ull that more 4itnesses to the same point cannot be reasonably e7pected to be additionally persuasive. But this po4er should be e7ercised 4ith caution. *B+ SEC) 7) Evidence on motion.J =hen a motion is based on acts not appearin# o record the court may hear the matter on a idavits or depositions presented by the respective parties% but the court may direct that the matter be heard 4holly or partly on oral testimony or depositions. *(+. RULE 134[1] P "6 ,/#,'%! %0 T (,'1%!2 SECTION 1) $etition. J " person 4ho desires to perpetuate his o4n testimony or that o another person re#ardin# any matter that may be co#ni3able in any court o the Philippines% may ile a veri ied petition in the court o the province o the residence o any e7pected adverse party. SEC) 2) &ontents of petition.J )he petition shall be entitled in the name o the petitioner and shall sho4: *a+ that the petitioner e7pects to be a party to an action in a court o the Philippines but is presently unable to brin# it or cause it to be brou#ht@ *b+ the sub6ect matter o the e7pected action and his interest therein@ *c+ the acts 4hich he desires to establish by the proposed testimony and his reasons or desirin# to perpetuate it@ *d+ the names or a description o the persons he e7pects 4ill be adverse parties and their addresses so ar as :no4n@ and *e+ the names and addresses o the persons to be e7amined and the substance o the testimony 4hich he e7pects to elicit rom each% and shall as: or an order authori3in# the petitioner to ta:e the depositions o the persons to be e7amined named in the petition or the purpose o perpetuatin# their testimony. SEC) 3) 2otice and service. J )he petitioner shall therea ter serve a notice upon each person named in the petition as an e7pected adverse party% to#ether 4ith a copy o the petition% statin# that the petitioner 4ill apply to the court% at a time and place named therein% or the order described in the petition. "t least t4enty *8E+ days be ore the date o hearin# the notice shall be served in the manner provided or service o summons. SEC) 4) Order of e!amination.J 1t the court is satis ied that the perpetuation o the testimony may prevent a ailure or delay o 6ustice% it shall ma:e an order desi#natin# or describin# the persons 4hose deposition may be ta:en and speci yin# the sub6ect matter o the e7amination% and 4hether the depositions shall be ta:en upon oral e7amination or 4ritten interro#atories. )he depositions may then be ta:en in accordance 4ith Rule 84 be ore the hearin#. SEC) 3) Reference to court.9J 5or the purpose o applyin# Rule 84 to depositions or perpetuatin# testimony% each re erence therein to the court in 4hich the action is pendin# shall be deemed to re er to the court in 4hich the petition or such deposition 4as iled. SEC) 4) *se of deposition.J 1 a deposition to perpetuate testimony is ta:en under this rule% or i % althou#h not so ta:en% it 4ould be admissible in evidence% it may be used in any action .involvin# the same sub6ect matter subse;uently brou#ht in accordance 4ith the

provisions o ?ections 4 and A o Rule 84. SEC) 7) (epositions pending appeal.J 1 an appeal has been ta:en rom a 6ud#ment o the Re#ional )rial !ourt or be ore the ta:in# o an appeal i the time there or has not e7pired% the Re#ional )rial !ourt in 4hich the 6ud#ment 4as rendered may allo4 the ta:in# o depositions o 4itnesses to perpetuate their testimony or use in the event o urther proceedin#s in the said court. 1n such case the party 4ho desires to perpetuate the testimony may ma:e a motion in the said Re#ional )rial !ourt or leave to ta:e the depositions% upon the same notice and service thereo as i the action 4as pendin# therein. )he motion shall sho4 *a+ the names and addresses o the persons to be e7amined and the substance o the testimony 4hich he e7pects to elicit rom each@ and *b+ the reason or perpetuatin# their testimony. 1 the court inds that the perpetuation o the testimony is proper to avoid a ailure or delay o 6ustice% it may ma:e an order allo4in# the depositions to be ta:en% and thereupon the depositions may be ta:en and used in the same manner and under the same conditions as are prescribed in these rules or depositions ta:en in actions pendin# in the Re#ional )rial !ourt. *(a+ M1N )his rule 4ill be transposed to Part 1 o the Rules o !ourt on <epositions and <iscovery.