Text of the provision
Sec. 39. Statement of decedent or person of unsound mind. — In an action against an executor or administrator or other representative of a deceased person, or against a person of unsound mind, upon a claim or demand against the estate of such deceased person or against such person of unsound mind, where a party or assignor of a party or a person in whose behalf a case is prosecuted testifies on a matter of fact occurring before the death of the deceased person or before the person became of unsound mind, any statement of the deceased or the person of unsound mind, may be received in evidence if the statement was made upon the personal knowledge of the deceased or the person of unsound mind at a time when the matter had been recently perceived by him or her and while his or her recollection was clear. Such statement however, is inadmissible if made under circumstances indicating its lack of trustworthiness.
2019 Revised Rules on Evidence (A.M. No. 19-08-15-SC), Rule 130, Section 39. Reproduced verbatim and verified against the Supreme Court's official published text and the ChanRobles rendering.
About this section
This is Section 39 of Rule 130 (Rules Of Admissibility A. Object (Real) Evidence) of the 2019 Revised Rules on Evidence, the rules promulgated by the Supreme Court in A.M. No. 19-08-15-SC and in force since May 1, 2020. The text above is reproduced verbatim from the current rules.
Related provisions
- Section 38 — Dying declaration.
- Section 40 — Declaration against interest.
Cases citing this section
- Authorities on this section will be added here as each is verified against primary sources.