Text of the provision

Sec. 40. Declaration against interest. — The declaration made by a person deceased or unable to testify against the interest of the declarant, if the fact asserted in the declaration was at the time it was made so far contrary to the declarant's own interest that a reasonable person in his or her position would not have made the declaration unless he or she believed it to be true, may be received in evidence against himself or herself or his or her successors in interest and against third persons. A statement tending to expose the declarant to criminal liability and offered to exculpate the accused is not admissible unless corroborating circumstances clearly indicate the trustworthiness of the statement.

2019 Revised Rules on Evidence (A.M. No. 19-08-15-SC), Rule 130, Section 40. Reproduced verbatim and verified against the Supreme Court's official published text and the ChanRobles rendering.

About this section

This is Section 40 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

Cases citing this section

Note. The text above is reproduced in full from the 2019 Revised Rules on Evidence (A.M. No. 19-08-15-SC), verified against the Supreme Court's official publication and the ChanRobles rendering. The framing around it is general legal information, not legal advice. How a rule applies to a particular case depends on facts that only a lawyer reviewing your matter can assess.