1997 REVISED RULES OF COURT VS 2019 PROPOSED AMENDMENTS

CIVIL PROCEDURE

1997 REVISED RULES OF COURT 2019 PROPOSED AMENDMENTS

RULES ON EVIDENCE

1997 REVISED RULES OF COURT 2019 PROPOSED AMENDMENTS

RULE 128

Admissibility of Section 3. Evidence is admissible Section 3. Evidence is admissible

Evidence when it is relevant to the issue and is when it is relevant to the issue and
not excluded by the law or these not excluded by the Constitution, the
rules. law or these Rules. (3a)
RULE 129

Judicial Notice, Section 1. A court shall take judicial Section 1. A court shall take judicial
When Mandatory notice, without the introduction of notice, without the introduction of
evidence, of the existence and evidence, of the existence and
territorial extent of states, their territorial extent of states, their
political history, forms of government political history, forms of government
and symbols of nationality, the law of and symbols of nationality, the law of
nations, the admiralty and maritime nations, the admiralty and maritime
courts of the world and their seals, courts of the world and their seals,
the political constitution and history the political constitution and history
of the Philippines, o􏰁cial acts of the
of the Philippines, the official acts of
the legislative, executive and judiciallegislative, executive and judicial
departments of the Philippines, the departments of the National
laws of nature, the measure of time, Government of the Philippines, the
and the geographical divisions. laws of nature, the measure of time,
and the geographical divisions.
Judicial Notice, Section 2. A court may take judicial Section 2. During the pre-trial and the
When Discretionary notice of matters which are of public trial, the court, motu proprio or upon
knowledge, or are capable of motion, shall hear the parties on the
unquestionable demonstration, or propriety of taking judicial notice of
ought to be known to judges any matter.
because of their judicial functions.
Judicial Admissions Section 4. An admission, verbal or Section 4. An admission, oral or
written, made by a party in the written, made by the party in the
course of the proceedings in the course of the proceedings in the
same case, does not require proof. same case, does not require proof.
The admission may be contradicted The admission may be contradicted
only by showing that it was made only by showing that it was made
through palpable mistake or that no through palpable mistake or that the
such admission was made. imputed admission was not, in fact,
made.
RULE 130

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Documentary Section 2. Documents as evidence Section 2. Documents as evidence

Evidence consist of writings or any material consist of writings, recordings,
containing letters, words, numbers, photographs or any material
figures, symbols or other modes of containing letters, words, sounds,
written expressions offered as proof numbers, figures, symbols, or their
of their contents. equivalent, or other modes of written
expression offered as proof of their
contents. Photographs include still
pictures, drawings, stored images, x-
ray films, motion pictures or videos.
(2a)
Original Document Rule (Best Evidence Rule)

Original Document Section 3. Original document must
Must be Produced; be produced; exceptions. — When
Exceptions the subject of inquiry is the contents
of a document, no evidence shall be
admissible other than the original
document itself, except in the
following cases:
Section 3. A When the subject of
inquiry is the contents of a
document, writing, recording,
photograph or other record, no
evidence is admissible other than the
original document itself, except in the
following cases:

a. When the original is lost or a. When the original is lost or

destroyed, or cannot be
produced in court, without bad
faith on the part of the offeror;
b. When the original is in the custody
or under the control of the party
against whom the evidence is
offered, and the latter fails to
produce it after reasonable notice;
c. When the original consists of
numerous accounts or other
documents which cannot be
examined in court without great loss
of time and the fact sought to be
established from them is only the
general result of the whole; and
d. When the original is a public
record in the custody of a public
officer or is recorded in a public
office.
destroyed, or cannot be
produced in court, without bad
faith on the part of the offeror;
b. When the original is in the custody
or under the control of the party
against whom the evidence is
offered, and the latter fails to
produce it after reasonable notice,
or the original cannot be obtained by
local judicial processes or
procedures;
c. When the original consists of
numerous accounts or other
documents which cannot be
examined in court without great loss
of time and the fact sought to be
established from them is only the
general result of the whole;
d. When the original is a public
record in the custody of a public
officer or is recorded in a public
office; and

e. When the original is not closely-

related to a controlling issue.

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Original of Section 4. Original of document — Section 4. Original of Document. —

Document
a. The original of a document is one a. An "original" of a document is the
the contents of which are the document itself or any counterpart
subject of inquiry. intended to have the same effect
by a person executing or issuing it.
b. When a document is in two or An "original" of a photograph
more copies executed at or about includes the negative or any print
the same time, with identical therefrom. If data is stored in a
contents, all such copies are computer or similar device, any
equally regarded as originals. printout or other output readable
by sight or other means, shown to
c. When an entry is repeated in the reflect the data accurately, is an
regular course of business, one "original."
being copied from another at or
near the time of the transaction, b. A "duplicate" is a counterpart
all the entries are likewise equally produced by the same impression
regarded as originals as the original, or from the same
matrix, or by means of
photography, including
enlargements and miniatures, or
by mechanical or electronic re-
recording, or by chemical
reproduction, or by other
equivalent techniques which
accurately reproduce the original.

c. A duplicate is admissible to the

same extent as an original unless
(1) a genuine question is raised as
to the authenticity of the original,
or (2) in the circumstances, it is
unjust or inequitable to admit the
duplicate in lieu of the original.

When Original is Section 5. Section 5. His or her

Unavailable
When Original is in Section 6. Section 6. He or she
Adverse Party’s
Custody or Control
Summaries Section 7. When the contents of the
documents, records, photographs, or
numerous accounts are voluminous
and cannot be examined in court
without great loss of time, and the
fact sought to be established is only
the general result of the whole, the
contents of such evidence may be
presented in the form of a chart,
summary, or calculation.

Evidence Section 7 Section 8

Admissible When
Original Document
is a Public Record
Party Who Calls Section 8 Section 9

Parol Evidence Rule

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Evidence of Written Section 9. When the terms of an
Agreements. agreement have been reduced to
writing, it is considered as containing
all the terms agreed upon and there
can be, as between the parties and
their successors in interest, no
evidence of such terms other than
the contents of the written
agreement.
Section 10. When the terms of an
agreement have been reduced to
writing, it is considered as containing
all the terms agreed upon and there
can be, as between the parties and
their successors in interest, no
evidence of such terms other than
the contents of the written
agreement.

However, a party may present However, a party may present

evidence to modify, explain or add evidence to modify, explain or add
to the terms of the written agreement to the terms of the written agreement
if he puts in issue in a his pleading: if he or she puts in issue in a verified
pleading:
a. An intrinsic ambiguity, mistake or
imperfection in the written a. An intrinsic ambiguity, mistake or
agreement; imperfection in the written
agreement;
b. The failure of the written
agreement to express the true b. The failure of the written
intent and agreement of the agreement to express the true
parties thereto; intent and agreement of the
parties thereto;
c. The validity of the written
agreement; or c. The validity of the written
agreement; or
d. The existence of other terms
agreed to by the parties or their d. The existence of other terms
successors in interest after the agreed to by the parties or their
execution of the written successors in interest after the
agreement. execution of the written
agreement.
The term "agreement" includes wills.
The term "agreement" includes wills.
Interpretation of a Section 10 Section 11
Writing According
to Its Legal Meaning

Instrument Section 11 Section 12

Construed so as to
Give Effect to All
Provisions
Interpretation Section 12 Section 13
According to
Intention; General
and Particular
Provisions
Interpretation Section 13. Section 14. he or she
According to
Circumstances
Peculiar Section 14 Section 15
Signification of
Terms
Written Words Section 15 Section 16
Control Printed
Experts and Section 16 Section 17
Interpreters to be
Used in Explaining
Certain Writings
Of Two Section 17. Section 18. he or she
Constructions,
Which Preferred
Construction in Section 18 Section 19
Favor of Natural
Right
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Interpretation Section 19 Section 20

According to Usage

Witnesses; Their Section 20. Except as provided in the
Qualifications next succeeding section, all persons
who can perceive, and perceiving,
can make known their perception to
others, may be witnesses.
Religious or political belief, interest in
the outcome of the case, or
conviction of a crime unless
otherwise provided by law, shall not
be a ground for disqualification.
Section 21. All persons who can
perceive, and perceiving, can make
known their perception to others,
may be witnesses.
Religious or political belief, interest in
the outcome of the case, or
conviction of a crime, unless
otherwise provided by law, shall not
be a ground for disqualification.

Disqualification by Section 21. Disqualification by reason Deleted

Reason of Mental of mental incapacity or immaturity.
Incapacity or — The following persons cannot be
Immaturity witnesses:

a. Those whose mental condition, at

the time of their production for
examination, is such that they are
incapable of intelligently making
known their perception to others;
b. Children whose mental maturity is
such as to render them incapable
of perceiving the facts respecting
which they are examined and of
relating them truthfully.
Disqualification by Section 22. During their marriage, Section 23. During their marriage, the
Reason of Marriage neither the husband nor the wife may husband or the wife cannot testify
testify for or against the other without against the other without the consent
the consent of the affected spouse, of the affected spouse, except in a
except in a civil case by one against civil case by one against the other, or
the other, or in a criminal case for a in a criminal case for a crime
crime committed by one against the committed by one against the other
other or the latter's direct or the latter's direct descendants or
descendants or ascendants. ascendants.

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Disqualification by Section 24. The following persons
Reason of Privileged cannot testify as to matters learned cannot testify as to matters learned in
Communications in confidence in the following cases: confidence in the following cases:
a. The husband or the wife, during or a. The husband or the wife, during or
after the marriage, cannot be
examined without the consent of
the other as to any
communication received in
confidence by one from the other
during the marriage except in a
civil case by one against the
other, or in a criminal case for a
crime committed by one against
the other or the latter's direct
descendants or ascendants;
b. An attorney cannot, without the b.
consent of his client, be examined
as to any communication made
by the client to him, or his advice
given thereon in the course of, or
with a view to, professional
employment, nor can an
attorney's secretary, stenographer,
or clerk be examined, without the
consent of the client and his
employer, concerning any fact
the knowledge of which has been
acquired in such capacity;
c. A person authorized to practice
medicine, surgery or obstetrics
cannot in a civil case, without the
consent of the patient, be
examined as to any advice or
treatment given by him or any
information which he may have
acquired in attending such patient
in a professional capacity, which
information was necessary to
enable him to act in that
capacity, and which would
blacken the reputation of the
patient;
d. A minister or priest cannot, without
the consent of the person making
the confession, be examined as to
any confession made to or any
advice given by him in his
professional character in the
course of discipline enjoined by
the church to which the minister or
priest belongs;
e. A public officer cannot be
examined during his term of office
or afterwards, as to
communications made to him in
official confidence, when the
court finds that the public interest v. Joint clients. As to a
would suffer by the disclosure.
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Section 24. The following persons
after the marriage, cannot be
examined without the consent of
the other as to any
communication received in
confidence by one from the other
during the marriage except in a
civil case by one against the
other, or in a criminal case for a
crime committed by one against
the other or the latter's direct
descendants or ascendants
An attorney or person reasonably
believed by the client to be
licensed to engage in the practice
of law cannot, without the consent
of the client, be examined as to
any communication made by the
client to him or her, or his or her
advice given thereon in the
course of, or with a view to,
professional employment, nor can
an attorney's secretary,
stenographer, or clerk, or other
persons assisting the attorney be
examined without the consent of
the client and his or her employer,
concerning any fact the
knowledge of which has been
acquired in such capacity, except
in the following cases:
i. Furtherance of crime or fraud. If
the services or advice of the
lawyer were sought or obtained to
enable or aid anyone to commit
or plan to commit what the client
knew or reasonably should have
known to be a crime or fraud;
ii. Claimants through same
deceased client. As to a
communication relevant to an
issue between parties who claim
through the same deceased
client, regardless of whether the
claims are by testate or intestate
or by inter vivos transaction;
iii. Breach of duty by lawyer or client.
As to a communication relevant
to an issue of breach of duty by
the lawyer to his or her client, or
by the client to his or her lawyer;
iv. Document attested by the lawyer.
As to a communication relevant
to an issue concerning an
attested document to which the
lawyer is an attesting witness; or
communication relevant to a
matter of common interest
between two or more clients if the
communication was made by
any of them to a lawyer retained
or consulted in common, when
offered in an action between any
Page 6 of 22
 of the clients, unless they have
expressly agreed otherwise.

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c. A physician, psychotherapist or
person reasonably believed by the
patent to be authorized to practice
medicine or psychotherapy cannot
in a civil case, without the consent of
the patient, be examined as to any
confidential communication made
for the purpose of diagnosis or
treatment of the patient's physical,
mental or emotional condition,
including alcohol or drug addiction,
between the patient and his or her
physician or psychotherapist. This
privilege also applies to persons,
including members of the patient's
family, who have participated in the
diagnosis or treatment of the patient
under the direction of the physician
or psychotherapist.

A psychotherapist is:
a. A person licensed to
practice medicine
engaged in the
diagnosis or treatment
of a mental or emotional
condition, or
b. A person licensed as a
psychologist by the
government while
similarly engaged.

d. A minister, priest or person

reasonably believed to be so cannot,
without the consent of the affected
person, be examined as to any
communication or confession made
to or any advice given by him or her,
in his or her professional character, in
the course of discipline enjoined by
the church to which the minister or
priest belongs.

e. A public officer cannot be

examined during or after his or her
tenure as to communications made
to him or her in official confidence,
when the court finds that the public
interest would suffer by the disclosure.

The communication shall remain

privileged, even in the hands of a
third person who may have obtained
the information, provided that the
original parties to the communication
took reasonable precaution to
protect its confidentiality.

Testimonial Privilege

Parental and Filial Section 25. No person may be Section 25. No person shall be
Privilege compelled to testify against his compelled to testify against his or her
parents, other direct ascendants, parents, other direct ascendants,
children or other direct descendants. children or other direct descendants,
except when such testimony is
indispensable in a crime against that
person or by one parent against the
other. (25a)
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Privilege Relating to Section 26. A person cannot be

Trade Secrets compelled to testify about any trade
secret, unless the non-disclosure will
conceal fraud or otherwise work
injustice. When disclosure is directed,
the court shall take such protective
measure as the interest of the owner
of the trade secret and of the parties
and the furtherance of justice may
require.
Admissions and Confessions

Admission of a Party Section 26 Section 27. Him or her

Offer of Section 27. In civil cases, an offer of Section 28. In civil cases, an offer of
Compromise Not compromise is not an admission of compromise is not an admission of
Admissible any liability, and is not admissible in any liability, and is not admissible in
evidence against the offeror. evidence against the offeror. Neither
is evidence of conduct nor
In criminal cases, except those statements made in compromise
involving quasi-offenses (criminal negotiations admissible, except
negligence) or those allowed by law evidence otherwise discoverable or
to be compromised, an offer of offered for another purpose, such as
compromise by the accused may be proving bias or prejudice of a
received in evidence as an implied witness, negativing a contention of
admission of guilt. undue delay, or proving an effort to
obstruct a criminal investigation or
A plea of guilty later withdrawn, or an prosecution.
unaccepted offer of a plea of guilty
to a lesser offense, is not admissible in In criminal cases, except those
evidence against the accused who involving quasi-offenses (criminal
made the plea or offer. negligence) or those allowed by law
to be compromised, an offer of
An offer to pay or the payment of compromise by the accused may be
medical, hospital or other expenses received in evidence as an implied
occasioned by an injury is not admission of guilt.
admissible in evidence as proof of
civil or criminal liability for the injury. A plea of guilty later withdrawn or an
unaccepted offer of a plea of guilty
to a lesser offense is not admissible in
evidence against the accused who
made the plea or offer. Neither is any
statement made in the course of plea
bargaining with the prosecution,
which does not result in a plea of
guilty or which results in a plea of
guilty later withdrawn, admissible.

An offer to pay, or the payment of

medical, hospital or other expenses
occasioned by an injury, is not
admissible in evidence as proof of
civil or criminal liability for the injury.
(27a)
Admission by Third Section 28 Section 29
Party

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Admission by Co- Section 29. The act or declaration of
Partner or Agent a partner or agent of the party within
the scope of his authority and during
the existence of the partnership or
agency, may be given in evidence
against such party after the
partnership or agency is shown by
evidence other than such act or
declaration. The same rule applies to
the act or declaration of a joint
owner, joint debtor, or other person
jointly interested with the party.
Admission by Section 30. The act or declaration of
Conspirator a conspirator relating to the
conspiracy and during its existence,
may be given in evidence against
the co-conspirator after the
conspiracy is shown by evidence
other than such act or declaration.
Admission by Privies Section 31. Where one derives title to
property from another, the act,
declaration, or omission of the latter,
while holding the title, in relation to
the property, is evidence against the
former.
Admission by Section 32
Silence
Confession Section 33
Previous Conduct as Evidence
Similar Act as Section 34
Evidence
Unaccepted Offer Section 35
Hearsay
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Section 30. The act or declaration of
a partner or agent authorized by the
party to make a statement
concerning the subject, or within the
scope of his or her authority, and
during the existence of the
partnership or agency, may be given
in evidence against such party after
the partnership or agency is shown
by evidence other than such act or
declaration. The same rule applies to
the act or declaration of a joint
owner, joint debtor, or other person
jointly interested with the party.
Section 31. The act or declaration of
a conspirator in furtherance of the
conspiracy and during its existence
may be given in evidence against
the co-conspirator after the
conspiracy is shown by evidence
other than such act of declaration.
Section 32. Where one derives title to
property from another, the latter's
act, declaration, or omission, in
relation to the property, is evidence
against the former if done while the
latter was holding the title.
Section 33. Him or her
Section 34. Him or her
Section 35. He or she; him or her
Section 36
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Hearsay Section 37. 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 Rule.
A statement is not hearsay if the
declarant testifies at the trial or
hearing and is subject to cross-
examination concerning the
statement, and the statement is (a)
inconsistent with the declarant's
testimony, and was given under oath
subject to the penalty of perjury at a
trial hearing, or other proceeding, or
in a deposition; (b) consistent with the
declarant's testimony and is offered
to rebut an express or implied charge
against the declarant of recent
fabrication or improper influence or
motive; or (c) one of identification of
a person made after perceiving him
or her.
Exceptions to the Hearsay Rule

Dying Declaration Section 37. Section 38. His or her

Statement of Section 23. Parties or assignors of Section 39. In an action against an

Decedent or Person parties to a case, or persons in whose executor or administrator or other
of Unsound Mind behalf a case is prosecuted, against representative of a deceased
an executor or administrator or other person, or against a person of
representative of a deceased unsound mind, upon a claim or
person, or against a person of demand against the estate of such
unsound mind, upon a claim or deceased person or against such
demand against the estate of such person of unsound mind, where a
deceased person or against such party or assignor of a party or a
person of unsound mind, cannot person in whose behalf a case is
testify as to any matter of fact prosecuted testifies on a matter of
occurring before the death of such fact occurring before the death of
deceased person or before such the deceased person or before the
person became of unsound mind. 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.

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Declaration against Section 38. The declaration made by Section 40. The declaration made by
Interest a person deceased, or unable to a person deceased or unable to
testify, against the interest of the testify against the interest of the
declarant, if the fact asserted in the declarant, if the fact asserted in the
declaration was at the time it was declaration was at the time it was
made so far contrary to declarant's made so far contrary to the
own interest, that a reasonable man declarant's own interest that a
in his position would not have made reasonable person in his or her
the declaration unless he believed it position would not have made the
to be true, may be received in declaration unless he or she believed
evidence against himself or his it to be true, may be received in
successors in interest and against evidence against himself or herself or
third persons. 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.
Act or Declaration Section 39. The act or declaration of Section 41. The act or declaration of
About Pedigree a person deceased, or unable to a person deceased or unable to
testify, in respect to the pedigree of testify, in respect to the pedigree of
another person related to him by another person related to him or her
birth or marriage, may be received in by birth, adoption, or marriage or, in
evidence where it occurred before the absence thereof, with whose
the controversy, and the relationship family he or she was so intimately
between the two persons is shown by associated as to be likely to have
evidence other than such act or accurate information concerning his
declaration. The word "pedigree" or her pedigree, may be received in
includes relationship, family evidence where it occurred before
genealogy, birth, marriage, death, the controversy, and the relationship
the dates when and the places between the two persons is shown by
where these facts occurred, and the evidence other than such act or
names of the relatives. It embraces declaration. The word "pedigree"
also facts of family history intimately includes relationship, family
connected with pedigree. genealogy, birth, marriage, death,
the dates when and the places
where these facts occurred, and the
names of the relatives. It embraces
also facts of family history intimately
connected with pedigree.
Family Reputation or Section 40. The reputation or tradition Section 42. The reputation or tradition
Tradition Regarding existing in a family previous to the existing in a family previous to the
Pedigree controversy, in respect to the controversy, in respect to the
pedigree of any one of its members, pedigree of any one of its members,
may be received in evidence if the may be received in evidence if the
witness testifying thereon be also a witness testifying thereon be also a
member of the family, either by member of the family, either by
consanguinity or affinity. Entries in consanguinity, affinity, or adoption.
family bibles or other family books or Entries in family bibles or other family
charts, engravings on rings, family books or charts, engraving on rings,
portraits and the like, may be family portraits and the like, may be
received as evidence of pedigree. received as evidence of pedigree.
Common Section 41. Common reputation Section 43. Common reputation
Reputation existing previous to the controversy, existing previous to the controversy,
respecting facts of public or general as to boundaries of or customs
interest more than thirty years old, or affecting lands in the community and
respecting marriage or moral reputation as to events of general
character, may be given in history important to the community,
evidence. Monuments and or respecting marriage or moral
inscriptions in public places may be character, may be given in
received as evidence of common evidence. Monuments and
reputation. inscriptions in public places may be
received as evidence of common
reputation.

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Part of the Res Section 42. Statements made by a Section 44. Statements made by a
Gestae person while a startling occurrence isperson while a startling occurrence is
taking place or immediately prior or taking place or immediately prior or
subsequent thereto with respect to subsequent thereto, under the stress
the circumstances thereof, may be of excitement caused by the
given in evidence as part of the res occurrence with respect to the
gestae. So, also, statements circumstances thereof, may be given
accompanying an equivocal act in evidence as part of the res gestae.
material to the issue, and giving it aSo, also, statements accompanying
legal significance, may be received an equivocal act material to the
as part of the res gestae. issue, and giving it a legal
significance, may be received as
part of the res gestae.
Records of Section 43. Entries made at, or near Section 45. A memorandum, report,
Regularly the time of the transactions to which record or data compilation of acts,
Conducted Business they refer, by a person deceased, or events, conditions, opinions, or
Activity unable to testify, who was in a diagnoses, made by writing, typing,
position to know the facts therein electronic, optical or other similar
stated, may be received as prima means at or near the time of or from
facie evidence, if such person made transmission or supply of information
the entries in his professional by a person with knowledge thereof,
capacity or in the performance of and kept in the regular course or
duty and in the ordinary or regular conduct of a business activity, and
course of business or duty. such was the regular practice to
make the memorandum, report,
record, or data compilation by
electronic, optical or similar means,
all of which are shown by the
testimony of the custodian or other
qualified witnesses, is excepted from
the rule on hearsay evidence.
Entries in Official Section 44. Section 46. His or her
Records
Commercial Lists Section 45 Section 47
and the Like
Learned Treatises Section 46. Section 48. His or her

Testimony or Section 47. The testimony or Section 49. The testimony or

Deposition at a deposition of a witness deceased or
Former Proceeding unable to testify, given in a former
case or proceeding, judicial or
administrative, involving the same
parties and subject matter, may be
given in evidence against the
adverse party who had the
opportunity to cross-examine him.
deposition of a witness deceased or
out of the Philippines or who cannot,
with due diligence, be found therein,
or is unavailable or otherwise unable
to testify, given in a former case or
proceeding, judicial or
administrative, involving the same
parties and subject matter, may be
given in evidence against the
adverse party who had the
opportunity to cross-examine him or
her.

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Residual Exception Section 50. A statement not

specifically covered by any of the
foregoing exceptions, having
equivalent circumstantial guarantees
of trustworthiness, is admissible if the
court determines that (a) the
statement is offered as evidence of a
material fact; (b) the statement is
more probative on the point for which
it is offered than any other evidence
which the proponent can procure
through reasonable efforts; and (c)
the general purposes of these rules
and the interests of justice will be best
served by admission of the statement
into evidence. However, a statement
may not be admitted under this
exception unless the proponent
makes known to the adverse party,
sufficiently in advance of the hearing,
or by the pre-trial stage in the case of
a trial of the main case, to provide
the adverse party with a fair
opportunity to prepare to meet it, the
proponent's intention to offer the
statement and the particulars of it,
including the name and address of
the declarant.

Opinion Rule

General Rule Section 48 Section 51

Opinion of Expert Section 49. The opinion of a witness Section 52. The opinion of a witness
Witness on a matter requiring special on a matter requiring special
knowledge, skill, experience or knowledge, skill, experience, training
training which he is shown to possess, or education, which he or she is
may be received in evidence. shown to possess, may be received in
evidence.
Opinion of Ordinary Section 50. Section 53. He or she; his or her
Witnesses
Character Evidence

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Character Evidence Section 51. Section 54. Evidence of a person's

Not Generally character or a trait of character is not
Admissible; a. In Criminal Cases: admissible for the purpose of proving
Exceptions i. The accused may prove his good action in conformity therewith on a
moral character which is pertinent particular occasion, except:
to the moral trait involved in the
offense charged. a. In Criminal Cases:
ii. Unless in rebuttal, the prosecution 1. The character of the offended
may not prove his bad moral party may be proved if it tends to
character which is pertinent to establish in any reasonable
the moral trait involved in the degree the probability or
offense charged. improbability of the offense
iii. The good or bad moral character charged.
of the offended party may be 2. The accused may prove his or her
proved if it tends to establish in good moral character, pertinent
any reasonable degree the to the moral trait involved in the
probability or improbability of the offense charged. However, the
offense charged. prosecution may not prove his or
her bad moral character unless
b. In Civil Cases: on rebuttal.
Evidence of the moral character of a
party in a civil case is admissible only b. In Civil Cases:
when pertinent to the issue of
character involved in the case. Evidence of the moral character of a
party in a civil case is admissible only
c. In the case provided for in Rule when pertinent to the issue of
132, Section 14. character involved in the case.

c. In Criminal and Civil Cases:

Section 14, Rule 132. Evidence of the Evidence of the good character of a
good character of a witness is not witness is not admissible until such
admissible until such character has character has been impeached.
been impeached.
In all cases in which evidence of
character or a trait of character of a
person is admissible, proof may be
made by testimony as to reputation
or by testimony in the form of an
opinion. On cross-examination,
inquiry is allowable into relevant
specific instances of conduct.

In cases in which character or a trait

of character of a person is an
essential element of a charge, claim
or defense, proof may also be made
of specific instances of that person's
conduct.

RULE 131

Burden of Proof, Burden of Evidence and Presumptions

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Burden of Proof and Section 1. Burden of Proof. — Burden Section 1. Burden of Proof and
Burden of Evidence of proof is the duty of a party to Burden of Evidence. — Burden of
present evidence on the facts in issue proof is the duty of a party to present
necessary to establish his claim or evidence on the facts in issue
defense by the amount of evidence necessary to establish his or her claim
required by law. or defense by the amount of
evidence required by law. Burden of
proof never shifts.

Burden of evidence is the duty of a

party to present evidence sufficient
to establish or rebut a fact in issue to
establish a prima facie case. Burden
of evidence may shift from one party
to the other in the course of the
proceedings, depending on the
exigencies of the case.
Conclusive Section 2 Section 2. His or her; he or she
Presumptions
Disputable Section 3 Section 3. His or her
Presumptions
dd. That if the marriage is terminated dd. That if the marriage is terminated
and the mother contracted another and the mother contracted another
marriage within three hundred days marriage within three hundred days
after such termination of the former after such termination of the former
marriage, these rules shall govern in marriage, these rules shall govern in
the absence of proof to the contrary: the absence of proof to the contrary:
1. A child born before one hundred 1. A child born before one hundred
eighty (180) days after the eighty (180) days after the
solemnization of the subsequent solemnization of the subsequent
marriage is considered to have marriage is considered to have
been conceived during such been conceived during such
marriage, even though it be born marriage, even though it be born
within the three hundred days within the three hundred days
after the termination of the former after the termination of the former
marriage; marriage; and
2. A child born after one hundred 2. A child born after one hundred
eighty (180) days following the eighty (180) days following the
celebration of the subsequent celebration of the subsequent
marriage is considered to have marriage is considered to have
been conceived during such been conceived during such
marriage, even though it be born marriage, even though it be born
within the three hundred days within the three hundred days
after the termination of the former after the termination of the former
marriage. marriage.
No presumption of Section 4. Section 4. His or her
Legitimacy or
Illegitimacy
Presumptions in Civil Section 5. In all civil actions and
Actions and proceedings not otherwise provided
Proceedings. for by the law or these Rules, a
presumption imposes on the party
against whom it is directed the
burden of going forward with
evidence to rebut or meet the
presumption.

If presumptions are inconsistent, the

presumption that is founded upon
weightier considerations of policy
shall apply. If considerations of policy
are of equal weight, neither
presumption applies.

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Sec Presumption Section 6. If a presumed fact that

against an Accused establishes guilt, is an element of the
in Criminal Cases offense charged, or negates a
defense, the existence of the basic
fact must be proved beyond
reasonable doubt and the presumed
fact follows from the basic fact
beyond reasonable doubt.
RULE 132

A. Examination of Witnesses

Proceedings to be Section 2 Section 2. His or her/him or her

Recorded
Rights and Section 3 Section 3. His or her/him or her
Obligations of a
Witness
Direct Examination Section 5 Section 5. Him or her

Cross-examination; Section 6. Upon the termination of Section 6. Upon the termination of

Its Purpose and the direct examination, the witness the direct examination, the witness
Extent may be cross-examined by the may be cross-examined by the
adverse party as to any matters adverse party on any relevant
stated in the direct examination, or matter, with sufficient fullness and
connected therewith, with sufficient freedom to test his or her accuracy
fullness and freedom to test his and truthfulness and freedom from
accuracy and truthfulness and interest or bias, or the reverse, and to
freedom from interest or bias, or the elicit all important facts bearing upon
reverse, and to elicit all important the issue.
facts bearing upon the issue.
Re-direct Section 7 Section 7. He or she; him or her; his or
Examination; Its her
Purpose and Extent
Re-cross Section 8 Section 8. His or her
Examination
Leading and Section 10 Section 10. He or she
Misleading
Questions
Impeachment of Section 11 Section 11. He or she
Adverse Party’s
Witness
Impeachment by Section 12. For the purpose of
Evidence of impeaching a witness, evidence that
Conviction of Crime he or she has been convicted by final
judgment of a crime shall be
admitted if (a) the crime was
punishable by a penalty in excess of
one year; or (b) the crime involved
moral turpitude, regardless of the
penalty.

However, evidence of a conviction is

not admissible if the conviction has
been the subject of an amnesty or
annulment of the conviction.

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Party May Not Section 12. Except with respect to Section 13. Except with respect to
Impeach His or Her witnesses referred to in paragraphs witnesses referred to in paragraphs
Own Witness (d) and (e) of Section 10, the party (d) and (e) of Section 10 of this Rule,
producing a witness is not allowed to the party presenting the witness is not
impeach his credibility. allowed to impeach his or her
credibility.
A witness may be considered as
unwilling or hostile only if so declared A witness may be considered as
by the court upon adequate showing unwilling or hostile only if so declared
of his adverse interest, unjustified by the court upon adequate showing
reluctance to testify, or his having of his or her adverse interest,
misled the party into calling him to unjustified reluctance to testify, or his
the witness stand. or her having misled the party into
calling him or her to the witness
The unwilling or hostile witness so stand.
declared, or the witness who is an
adverse party, may be impeached The unwilling or hostile witness so
by the party presenting him in all declared, or the witness who is an
respects as if he had been called by adverse party, may be impeached
the adverse party, except by by the party presenting him or her in
evidence of his bad character. He all respects as if he or she had been
may also be impeached and cross- called by the adverse party, except
examined by the adverse party, but by evidence of his or her bad
such cross examination must only be character. He or she may also be
on the subject matter of his impeached and cross-examined by
examination-in-chief. the adverse party, but such cross-
examination must only be on the
subject matter of his or her
examination-in-chief.
How Witness Section 13 Section 14. His or her; him or her
Impeached by
Evidence of
Inconsistent
Statements
Exclusion and Section 15. On any trial or hearing, Section 15. The court, motu proprio or
Separation of the judge may exclude from the upon motion, shall order witnesses
Witnesses court any witness not at the time excluded so that they cannot hear
under examination, so that he may the testimony of other witnesses. This
not hear the testimony of other rule does not authorize exclusion of
witnesses. The judge may also cause (a) a party who is a natural person,
witnesses to be kept separate and to (b) a duly designated representative
be prevented from conversing with of a juridical entity which is a party to
one another until all shall have been the case, (c) a person whose
examined. presence is essential to the
presentation of the party's cause, or
(d) a person authorized by a statute
to be present.

The court may also cause witnesses

to be kept separate and to be
prevented from conversing with one
another, directly or through
intermediaries, until all shall have
been examined.
When Witnesses Section 16 Section 16. His or her; himself or
May Refer to herself; he or she
Memorandum
B. Authentication and Proof of Documents

Classes of Section 19. For the purpose of their Section 19. For the purpose of their
Documents presentation in evidence, documents presentation in evidence, documents
are either public or private. are either public or private.

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Public documents are: Public documents are:

a. The written official acts, or records a. The written official acts, or records
of the sovereign authority, official of the sovereign authority, official
bodies and tribunals, and public bodies and tribunals, and public
officers, whether of the Philippines, officers, whether of the Philippines,
or of a foreign country; or of a foreign country;

b. Documents acknowledged before b. Documents acknowledged before

a notary public except last wills a notary public except last wills
and testaments; and and testaments;

c. Public records, kept in the c. Documents that are considered

Philippines, of private documents public documents under treaties
required by law to be entered and conventions which are in
therein. force between the Philippines and
the country of source; and
All other writings are private.
d. Public records, kept in the
Philippines, of private documents
required by law to be entered
therein.

All other writings are private.

Proof of Private Section 20. Before any private
Documents document offered as authentic is
received in evidence, its due
execution and authenticity must be
proved either:
a. By anyone who saw the
document executed or written; or
b. By evidence of the genuineness of b. By evidence of the genuineness of
the signature or handwriting of the
maker.
Any other private document need
only be identi􏰁ed as that which it is
claimed to be
How Genuineness of Section 22
Handwriting Proved
Section 20. Before any private
document offered as authentic is
received in evidence, its due
execution and authenticity must be
proved by any of the following
means:
a. By anyone who saw the
document executed or written;
the signature or handwriting of the
maker; or
c. By other evidence showing its due
execution and authenticity.
Any other private document need
only be identified as that which it is
claimed to be.
Section 22. His or hers.

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Proof of Official Section 24. The record of public
Record documents referred to in paragraph
(a) of Section 19, when admissible for
any purpose, may be evidenced by
an official publication thereof or by a
copy attested by the officer having
the legal custody of the record, or by
his deputy, and accompanied, if the
record is not kept in the Philippines,
with a certificate that such officer
has the custody. If the office in which
the record is kept is in a foreign
country, the certificate may be
made by a secretary of the embassy
or legation, consul general, consul,
vice consul, or consular agent or by
any officer in the foreign service of
the Philippines stationed in the
foreign country in which the record is
kept, and authenticated by the seal
of his office.
Section 24. The record of public
documents referred to in paragraph
(a) of Section 19, when admissible for
any purpose, may be evidenced by
an official publication thereof or by a
copy attested by the officer having
the legal custody of the record, or by
his or her deputy, and accompanied,
if the record is not kept in the
Philippines, with a certificate that
such officer has the custody.
If the office in which the record is
kept is in a foreign country, which is a
contracting party to a treaty or
convention to which the Philippines is
also a party, or considered a public
document under such treaty or
convention pursuant to paragraph
(c) of Section 19 hereof, the
certificate or its equivalent shall be in
the form prescribed by such treaty or
convention subject to reciprocity
granted to public documents
originating from the Philippines.

For documents originating from a

foreign country which is not a
contracting party to a treaty or
convention referred to in the next
preceding sentence, the certificate
may be made by a secretary of the
embassy or legation, consul general,
consul, vice- consul, or consular
agent or by any officer in the foreign
service of the Philippines stationed in
the foreign country in which the
record is kept, and authenticated by
the seal of his or her office.

A document that is accompanied by

a certificate or its equivalent may be
presented in evidence without further
proof, the certificate or its equivalent
being prima facie evidence of the
due execution and genuineness of
the document involved. The
certificate shall not be required when
a treaty or convention between a
foreign country and the Philippines
has abolished the requirement, or has
exempted the document itself from
this formality.

When Attestation of Section 25 Section 25. He or she

Copy Must State
Alteration in Section 31 Section 31. He or she
Document, How to
Explain
C. Offer and Objection

When to Make Offer Section 35. As regards the testimony Section 35. All evidence must be
of a witness, the offer must be made offered orally.
at the time the witness is called to
testify. The offer of the testimony of a witness
in evidence must be made at the
time the witness is called to testify.

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Documentary and object evidence The offer of documentary and object

shall be offered after the
presentation of a party's testimonial
evidence. Such offer shall be done
orally unless allowed by the court to
be done in writing.
Objection Section 36. Objection to evidence
offered orally must be made
immediately after the offer is made.
evidence shall be made after the
presentation of a party's testimonial
evidence.
Section 36. Objection to offer of
evidence must be made orally
immediately after the offer is made.

Objection to a question propounded Objection to the testimony of a

in the course of the oral examination witness for lack of a formal offer must
of a witness shall be made as soon as be made as soon as the witness
the grounds therefor shall become begins to testify. Objection to a
reasonably apparent. question propounded in the course
of the oral examination of a witness
An offer of evidence in writing shall must be made as soon as the
be objected to within three (3) days grounds therefor become reasonably
after notice of the offer unless a apparent.
different period is allowed by the
court. The grounds for the objections must
be specified.
In any case, the grounds for the
objections must be specified.

When Repetition of Section 37 Section 37. His or her

Objection
Unnecessary
Striking out of Section 39. Should a witness answer Section 39. Should a witness answer
Answer the question before the adverse the question before the adverse
party had the opportunity to voice party had the opportunity to voice
fully its objection to the same, and fully its objection to the same, or
such objection is found to be where a question is not
meritorious, the court shall sustain the objectionable, but the answer is not
objection and order the answer responsive, or where a witness
given to be stricken off the record. testifies without a question being
posed or testifies beyond limits set by
On proper motion, the court may the court, or when the witness does a
also order the striking out of answers narration instead of answering the
which are incompetent, irrelevant, or question, and such objection is found
otherwise improper. to be meritorious, the court shall
sustain the objection and order such
answer, testimony or narration to be
stricken off the record.

On proper motion, the court may

also order the striking out of answers
which are incompetent, irrelevant, or
otherwise improper.

RULE 133

Preponderance of Section 1 Section 1. His or her

Evidence, How
Determined
Proof beyond Section 2 Section 2. His or her
Reasonable Doubt

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Circumstantial Section 4. Circumstantial evidence is Section 4. Circumstantial evidence is
Evidence, When sufficient for conviction if;
Sufficient
a. There is more than one
circumstance;
b. The facts from which the
inferences are derived are proven;
and
c. The combination of all the
circumstances is such as to
produce a conviction beyond
reasonable doubt.
Weight to be Given
Opinion of Expert
Witness, How
Determined
Substantial Section 5
Evidence
Power of the Court Section 6. The court may stop the
to Stop Further introduction of further testimony
Evidence upon any particular point when the
evidence upon it is already so full
that more witnesses to the same
point cannot be reasonably
expected to be additionally
persuasive. But this power should be
exercised with caution.
Evidence on Motion Section 7
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sufficient for conviction if:
a. There is more than one
circumstance;
b. The facts from which the
inferences are derived are proven;
and
c. The combination of all the
circumstances is such as to
produce a conviction beyond
reasonable doubt.
Inferences cannot be based on other
inferences.
Section 5. In any case where the
opinion of an expert witness is
received in evidence, the court has a
wide latitude of discretion in
determining the weight to be given to
such opinion, and for that purpose
may consider the following:
a. Whether the opinion is based upon
sufficient facts or data;
b. Whether it is the product of reliable
principles and methods;
c. Whether the witness has applied
the principles and methods
reliably to the facts of the case;
and
d. Such other factors as the court
may deem helpful to make such
determination.
Section 6
Section 7. The court may stop the
introduction of further testimony upon
any particular point when the
evidence upon it is already so full
that more witnesses to the same
point cannot be reasonably
expected to be additionally
persuasive. This power shall be
exercised with caution.
Section 8
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