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Rules on Witness Testimony and Evidence

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0% found this document useful (0 votes)
16 views1 page

Rules on Witness Testimony and Evidence

Uploaded by

gyvtfzxv94
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

Section 22. Testimony confined to personal knowledge.

- A witness can testify only to those facts


which he or she knows of his or her personal knowledge; that is, which are derived from his or her
own perception.

Section 37. Hearsay. -Hearsay is a statement other than one made by the declarant while testifying
at a trial or hearing, offered to prove the truth of the facts asserted therein. A statement is (1) an oral
or written assertion or (2) a non-verbal conduct of a person, if it is intended by him or her as an
assertion. Hearsay evidence is inadmissible except as otherwise provided in these Rules.

Section 38. Dying declaration. - The declaration of a dying person, made under the consciousness
of an impending death, may be received in any case wherein his or her death is the subject of
inquiry, as evidence of the cause and surrounding circumstances of such death.

Section 43. Common reputation. — Common reputation existing previous to the controversy, as to
boundaries of or customs affecting lands in the community and reputation as to events of general
history important to the community, or respecting marriage or moral character, may be given in
evidence. Monuments and inscriptions in public places may be received as evidence of common
reputation.

Section 44. Part of the res gestae. — Statements made by a person while a startling occurrence is
taking place or immediately prior or subsequent thereto, under the stress of excitement caused by
the occurrence with respect to the circumstances thereof, may be given in evidence as part of the
res gestae. So, also, statements accompanying an equivocal act material to the issue, and giving it a
legal significance, may be received as part of the res gestae.

Section 46. Entries in official records. - Entries in official records made in the performance of his or
her duty by a public officer of the Philippines, or by a person in the performance of a duty specially
enjoined by law, are prima facie evidence of the facts therein stated.

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