COMPARATIVE NOTES AND

REMARKS
on The 2019 Proposed Amendments to the
REVISED RULES ON EVIDENCE
A.M. No. 19-08-05-SC
8 October 2019
(Effective: 1 MAY 2020)
Deputy Court Administrator RAUL B. VILLANUEVA
OCA-Supreme Court
NOTICE: This material was done for educational purposes only. The comparisons made herein were simply to determine
what were the amendments or revisions done in every Rule, if any. The reasons for the amendments or revisions, for lack of
sufficient information thereon, are not discussed. Full responsibility is assumed for any comment or remark found herein.
 RULE 128
GENERAL PROVISIONS
REVISED RULES 2019 AMENDED RULES REMARKS
(on EVIDENCE) (on EVIDENCE)

Sec. 3. Admissibility of Sec. 3. Admissibility of ❑ The amendment in Sec.

evidence. - Evidence is evidence. - Evidence is 3 is that evidence is
admissible when it is admissible when it is admissible when it is
relevant to the issue and not relevant to the issue and not relevant to the issue and
excluded by the law or excluded by the not excluded, not only by
these rules. Constitution, the law or law or the Rules, but also
these Rules. by the Constitution.

NOTE: No amendment in Sec. 1 (Evidence defined), Sec. 2 (Scope) and Sec. 4 (Relevancy; collateral matters)
 RULE 129
WHAT NEED NOT BE PROVED
REVISED RULES
(on EVIDENCE)
Sec. 1. Judicial notice, when
mandatory. - A court shall take judicial
notice, without the introduction of
evidence, of the existence and
territorial extent of states, their
political history, forms of government
and symbols of nationality, the law of
nations, the admiralty and maritime
courts of the world and their seals, the
political constitution and history of the
Philippines, official acts of the
legislative, executive and judicial
departments of the Philippines, the
laws of nature, the measure of time,
and the geographical divisions.
Sec. 3. Judicial notice, when hearing
necessary. - During the trial, the court,
on its own initiative, or on request of a
party, may announce the intention to
take judicial notice of any matter and
allow the parties to be heard thereon.
NOTE: No amendment in Sec. 2 (Judicial notice, when discretionary)
2019 AMENDED RULES
(on EVIDENCE)
Sec. 1. Judicial notice, when❑
mandatory. - A court shall take judicial
notice, without the introduction of
evidence, of the existence and
territorial extent of states, their
political history, forms of government
and symbols of nationality, the law of
nations, the admiralty and maritime
courts of the world and their seals, the
political constitution and history of the
Philippines, official acts of the
legislative, executive and judicial
departments of the National
Government of the Philippines, the
laws of nature, the measure of time,
and the geographical divisions.
Sec. 3. Judicial notice, when hearing❑
necessary. - During the pre-trial and
the trial, the court, motu proprio, or
upon motion, shall hear the parties
on the propriety of taking judicial
notice of any matter.
REMARKS
The amendment in Sec. 1 pertains
to the court taking judicial notice,
without the introduction of evidence,
of, among others, the official acts of
the legislative, executive and
judicial departments of the
National Government of the
Philippines.
The amendment in Sec. 3
recognizes, among others, that
during the pre-trial the court shall,
motu proprio or upon motion,
hear the parties on the propriety
of taking judicial notice of any
matter.
RULE 129
WHAT NEED NOT BE PROVED – cont.
REVISED RULES
(on EVIDENCE)
Sec. 3. Judicial notice, when
hearing necessary. – cont.
After the trial, and before
judgment or on appeal, the
proper court, on its own
initiative or on request of a party,
may take judicial notice of any
matter and allow the parties to
be heard thereon if such matter
is decisive of a material issue in
the case.
Sec. 4. Judicial admissions. -
An admission, verbal or written,
made by a party in the course
of the proceedings in the same
case, does not require proof.
The admission may be
contradicted only by showing
that it was made through
palpable mistake or that no
such admission was made.
2019 AMENDED RULES
(on EVIDENCE)
Sec. 3. Judicial notice, when❑
hearing necessary. – cont.
Before judgment or on appeal,❑
the court, motu proprio or
upon motion, may take judicial
notice of any matter and shall
hear the parties thereon if such
matter is decisive of a material
issue in the case.
Sec. 4. Judicial admissions. -❑
An admission, oral or written,
made by the party in the course
of the proceedings in the same
case, does not require proof.❑
The admission may be
contradicted only by showing
that it was made through
palpable mistake or that the
imputed admission was not, in
fact, made.
REMARKS
The amendment in the
second paragraph removed
the line “After the trial, and”.
Further, consistent with the
amendment in the first
paragraph, the court may
“motu proprio or upon
motion”, may take judicial
notice of any matter and hear
the parties thereon if such
matter is decisive of a
material issue in the case.
The amendment in Sec. 4
used the word “oral”, instead
of “verbal” when referring to
an admission
Also, the judicial admission
may be contradicted only by
showing that it was made
through palpable mistake or
that the imputed admission
was not, in fact, made.
 RULE 130
RULES OF ADMISSIBILITY
REVISED RULES
(on EVIDENCE)
B. DOCUMENTARY EVIDENCE
Sec. 2. Documentary evidence. -
Documents as evidence consist of
writings or any material containing
letters, words, numbers, figures,
symbols or other modes of written
expression offered as proof of their
contents.
1. Original Document Rule
(no longer the Best Evidence Rule)
Sec. 3. Original document must be Sec. 3. Original document must be
produced; exceptions. - When 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:
2019 AMENDED RULES REMARKS
(on EVIDENCE)
B. DOCUMENTARY EVIDENCE ❑ The amendment in Sec. 2
Sec. 2. Documentary evidence. - expanded the definition of
Documents as evidence consist of documentary evidence, which now
writings, recordings, photographs or includes “recordings and
any material containing letters, words, photographs”, as well as sounds,
sounds, numbers, figures, symbols, or their equivalent.
or their equivalent, or other modes❑ There is also a new sentence on
of written expression offered as proof the definition of “photographs”,
of their contents. Photographs which include still pictures,
include still pictures, drawings, drawings, stored images, x-ray
stored images, x-ray films, motion films, motion pictures or videos.
pictures or videos.
1. Original Document Rule ❑ The amendment in Sec. 3 provides
(no longer the Best Evidence Rule) that when the subject of inquiry is
the contents of, among others, a
produced; exceptions. - When the writing, recording, photograph or
subject of inquiry is the contents of other record, no evidence is
a document, writing, recording, admissible than the original
photograph or other record, no document itself.
evidence is admissible other than❑ The exception applies if, aside from
the original document itself, except the document itself, the “writing,
in the following cases: recording, photograph or other
record”, cannot be presented.

NOTE1: No amendment in A. OBJECT (REAL) EVIDENCE, Sec. 1 (Object as evidence).

NOTE2: Item B(1), Rule 130 is now sub-titled as the Original Document Rule, no longer the Best Evidence Rule.
 RULE 130
RULES OF ADMISSIBILITY – cont.

REVISED RULES 2019 AMENDED RULES REMARKS

(on EVIDENCE) (on EVIDENCE)
Sec. 3. Original document must beSec. 3. Original document must be
produced; exceptions – cont. produced; exceptions – cont.

(a) When the original has been lost or(a) When the original is lost or destroyed,❑or No amendment in items (c) and (d) in the
destroyed, or cannot be produced incannot be produced in court, without bad exceptions, while there is only a minor
court, without bad faith on the part offaith on the part of the offeror; amendment in item (a).
the offeror; (b) When the original is in the custody ❑or The amendment in item (b) includes, as an
(b) When the original is in the custodyunder the control of the party against whom exception, a situation wherein the original
or under the control of the party against the evidence is offered, and the latter fails to of a document, writing, recording,
whom the evidence is offered, and theproduce it after reasonable notice, or the photograph or other record cannot be
latter fails to produce it after reasonableoriginal cannot be obtained by local obtained by judicial processes.
notice; judicial processes or procedures;
(c) xxx xxx xxx (c) xxx ❑ Item (e) is a new provision wherein another
(d) xxx xxx xxx (d) xxx exception is when the original is not
(e) When the original is not closely- closely-related to a controlling issue.
related to a controlling issue.

Sec. 4. Original of document. – Sec. 4. Original of document. -
(a) The original of the document is one (a) An “original” of a document is the ❑
of the contents of which are the subjectdocument itself or any counterpart
of inquiry. intended to have the same effect by a
person executing or issuing it. An
“original” of a photograph includes the
negative or any print therefrom. If data❑is
stored in a computer or similar device,
any printout or other output readable by
sight or other means, shown to reflect ❑
the data accurately, is an “original”.
❑ The new item (a) completely amended the
provisions of the old Sec. 4(a).
The amendment defines what an “original
document” is, which is the document itself
or any counterpart intended to have the
same effect by a person executing or
issuing it.
Also, it provides that an “original” of a
photograph includes the negative or any
print therefrom.
Further, the data stored in a computer or
similar device, any printout thereof,
among others, shown to reflect the data
accurately, is also an “original”.
RULE 130
RULES OF ADMISSIBILITY – cont.
REVISED RULES
(on EVIDENCE)
Sec. 4. Original of
document. – cont.
(b) When a document is in
two or more copies
executed at or about the
same time, with identical
contents, all such copies
are equally regarded as
originals.
(c) When an entry is
repeated in the regular
course of business, one
being copied from another
at or near the time of the
transaction, all the entries
are likewise equally
regarded as originals.
2019 AMENDED RULES REMARKS
(on EVIDENCE)
Sec. 4. Original of document. – cont. ❑ The new item (b) completely
amended the old Sec. 4(b).
(b) A “duplicate” is a counterpart❑ The definition of a “duplicate” is
produced by the same impression more detailed, it pertains to a
as the original, or from the same counterpart produced (i) by the
matrix, or by means of same impression as the original,
photography, including or (ii) from the same matrix, or (iii)
enlargements and miniatures, or by means of photography, or (iv)
by mechanical or electronic re- by mechanical or electronic
recording, or by chemical recording, (v) by chemical
reproduction, or by other reproduction, or (vi) by other
equivalent techniques which equivalent techniques which
accurately reproduce the original. accurately reproduce the original.
(c) A duplicate is admissible to❑ The new item (c) completely
the same extent as an original amended the old Sec. 4(c).
unless (1) a genuine question is❑ The admissibility of a duplicate is
raised as to the authenticity of the allowed to the same extent as an
original, or (2) in the original unless, or subject to the
circumstances, it is unjust or following exceptions: (1) a genuine
inequitable to admit the duplicate question is raised as to the
in lieu of the original. authenticity of the original or (2) it
is unjust or inequitable to admit
the duplicate in lieu of the original.
 RULE 130
RULES OF ADMISSIBILITY – cont.

REVISED RULES 2019 AMENDED RULES REMARKS

(on EVIDENCE)
NO SIMILAR PROVISION
3. Parol Evidence Rule
Sec. 9. Evidence of written
agreements. - 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, between the parties and their
successors in interest, no evidence of
such terms other than the contents of
the written agreement.
(on EVIDENCE)
2. Secondary Evidence
Sec. 7. Summaries. - When the contents of❑
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.
The originals shall be available for ❑
examination or copying, or both, by the
adverse party at a reasonable time and
place. (n)
3. Parol Evidence Rule
Sec. 10. Evidence of written agreements. -❑
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.
Sec. 7 is a NEW SECTION.
It provides that when the contents of
documents, records, photograph, 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 thereof may be
presented in the form of a chart, summary
or calculation.
Also, the originals of said “voluminous”
evidence shall be available to the adverse
party for examination or copying, or both.
This used to be Sec. 9.
The amendment in the first paragraph of Sec.
10 is not substantial, aside from the re-
numbering thereof, the word “as” was merely
inserted.

NOTE1: The amendments in Secondary Evidence, Sec. 5 (When original document is unavailable) and Sec. 6 (When original
document is in adverse party’s custody or control) are gender-based (involves changing “he”, “him” or “his” to “he or she”, “him or
her” or “his or her”)
NOTE2: No amendment in Secondary Evidence, Sec. 8 (Evidence admissible when original document is a public record) and
Sec. 9 (Party who calls for document not bound to offer it ), except the re-numbering of said sections.
 RULE 130
RULES OF ADMISSIBILITY – cont.

REVISED RULES 2019 AMENDED RULES REMARKS

(on EVIDENCE) (on EVIDENCE)
Sec. 9. Evidence of written agreements – cont. Sec. 10. Evidence of written agreements – cont.

However, a party may present evidence to modify, However, a party may present evidence to modify,
explain or add to the terms of the written explain or add to the terms of the written ❑ No substantial amendment in the third
agreement if he puts in issue in his pleading: agreement if he or she puts in issue in a verified paragraph of Sec. 10, aside from the
(a) xxx pleading: gender-based amendment.
(b) xxx (a) xxx ❑ Also, the word “verified” was inserted
(c) xxx (b) xxx when referring to the kind of pleading
(d) xxx (c) xxx that is needed when a party presents
(d) xxx evidence to “modify explain or add to the
The term “agreement” includes wills. terms of a written agreement”.
The term “agreement” includes wills. (9)

1. Qualification of Witnesses 1. Qualification of Witnesses ❑ This used to be Sec. 22.

Sec. 22. Disqualification by reason of marriage Sec. 23. Disqualification by reason of marriage ❑ The amendment in Sec. 23 made it clear
During their marriage, neither the husband nor theDuring their marriage, the husband or the wife that the husband or the wife “cannot”
wife may testify for or against the other withoutcannot testify for or against the other without the testify against each other, subject to
the consent of the affected spouse, except in aconsent of the affected spouse, except in a civil exceptions involving a civil case filed by
civil case by one against the other, or in acase by one against the other, or in a criminal one spouse against the other or in a
criminal case for a crime committed by onecase for a crime committed by one against the criminal case committed by one spouse
against the other or the latter’s direct other or the latter’s direct descendants or against the other or the latter’s direct
descendants or ascendants. ascendants. (22) descendants or ascendants.

NOTE1: No amendment in 4. Interpretation of Documents, Sec. 11 (Interpretation of a writing according to its legal meaning), Sec. 12 (Instrument construed so
as to give effect to all provisions), Sec. 13. (Interpretation according to intention; general and particular provisions), Sec. 15 (Peculiar signification of terms), Sec. 16
(Written words control printed), Sec. 17 (Experts and interpreters to be used in explaining certain writings), Sec. 19 (Construction in favor of natural right) and Sec.
20 (Interpretation according to usage), except the re-numbering of the said sections
NOTE2: Amendments in 4. Interpretation of Documents, Sec. 14 (Interpretation according to circumstances) and Sec. 18 (Of two constructions, which preferred)
are gender-based and the re-numbering of the said sections
NOTE3: No amendment in C. TESTIMONIAL EVIDENCE, 1. Qualification of Witnesses, Sec. 21 (Witnesses; their qualifications), except the re-numbering of said
section
NOTE4: Amendments in 1. Qualification of Witnesses, Sec. 22 (Testimony confined to personal knowledge) are gender-based and the re-numbering of said
section. This is the old Sec. 36 ( Testimony generally confined to personal knowledge; hearsay excluded)
NOTE5: The old 1. Qualification of Witnesses, Sec. 21 (Disqualification by reason of mental incapacity or immaturity) was DELETED
NOTE6: The old 1. Qualification of Witnesses, Sec. 23 (Disqualification by reason of death or insanity ) was TRANSPOSED to the new Sec. 39.
RULE 130
RULES OF ADMISSIBILITY – cont.

REVISED RULES 2019 AMENDED RULES REMARKS

(on EVIDENCE) (on EVIDENCE)
Sec. 24. Disqualification by Sec. 24. Disqualification by reason of❑ There is no amendment in
reason of privileged privileged communication. - The item (a) on the privileged
communication. - The following following persons cannot testify as to communication involving the
persons cannot testify as to matters learned in confidence in the husband and wife during or
matters learned in confidence in following cases: after the marriage.
the following cases: ❑ The amendment in item (b) is
(a) xxx xxx xxx that, aside from the lawyer, a
(a) xxx xxx xxx (b) An attorney or person “person reasonably believed
(b) An attorney cannot, without reasonably believed by the client by the client to be licensed
the consent of his client, be to be licensed to engage in the to engage in the practice of
examined as to any practice of law cannot, without the law” is prohibited from
communication made by the consent of the client, be examined testifying against a client
client to him, or his advice given as to any communication made by based on privileged
thereon in the course of, or with the client to him or her, or his or her communication.
a view to, professional advice given thereon in the course of,❑ Also, item (b) included in the
employment, nor can an or with a view to, professional prohibition are the “other
attorney’s secretary, employment, nor can an attorney’s persons assisting the
stenographer, or clerk be secretary, stenographer, or clerk, or attorney”.
examined, without the consent of other persons assisting the❑ Further, the amendment in
the client and his employer, attorney be examined, without the item (b) enumerated the
concerning any fact the consent of the client and his “exceptions” to the “attorney-
knowledge of which has been employer, concerning any fact the client” privilege, which is a
acquired in such capacity. knowledge of which has been new provision.
acquired in such capacity, except in❑ The further amendment in item
the following cases: (b) is just gender-based.
RULE 130
RULES OF ADMISSIBILITY – cont.

REVISED RULES 2019 AMENDED RULES REMARKS

(on EVIDENCE) (on EVIDENCE)
Sec. 24. Disqualification by reason of privileged
communication – cont.

(i) Furtherance of crime or fraud. If the❑ Exceptions (i) to (iv) in item (b) are
services or advice of the lawyer were sought new provisions.
or obtained to enable or aid anyone to ❑ These exceptions to the lawyer-
commit or plan to commit what the client client privileged communication
knew or reasonably should have known to include cases wherein the services
be a crime or fraud; or advice of the lawyer were
(ii) Claimants through same deceased client. sought (i) in furtherance of a
As to communication relevant to an issue crime or fraud, or the
between parties who claim through the communication conveyed to the
same deceased client, regardless of whether lawyer is relevant to (ii) claimants
the claims are by testate or intestate or by through the same deceased client
inter vivos transaction; (of the lawyer), or the
(iii) Breach of duty by lawyer or client. As to communication is a (iii) breach of
a communication relevant to an issue of duty by the lawyer to his or her
breach of duty by the lawyer to his or her client, or the communication is
client, or by the client to his or her lawyer; relevant to an (iv) document
(iv) Document attested by the lawyer. As to a attested by the lawyer as the
communication relevant to any issue attesting witness, or the
concerning an attested document to which communication is relevant to the
the lawyer is an attesting witness; or common interest of (v) joint clients.
(v) Joint clients. As to a 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 of
the clients, unless they have expressly
agreed otherwise.
 RULE 130
RULES OF ADMISSIBILITY – cont.
REVISED RULES 2019 AMENDED RULES
(on EVIDENCE) (on EVIDENCE)
Sec. 24. Disqualification by reason ofSec. 24. Disqualification by reason
privileged communication – cont. privileged communication – cont.
(c) A person authorized to practice(c) A physician, psychotherapist or person
medicine, surgery or obstetrics cannot in areasonably believed by the patient to be
civil case, without the consent of the patient,authorized to practice medicine ❑or
be examined as to any advice or treatmentpsychotherapy cannot in a civil case,
given by him or any information which hewithout the consent of the patient, be
may have acquired in attending suchexamined as to any confidential
patient in a professional capacity, whichcommunication made for the purpose of
information was necessary to enable him todiagnosis or treatment of the patient’s
act in such capacity, and which whichphysical, mental or emotional condition,
would blacken the reputation of the patient; including alcohol or drug addition,
between 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.
REMARKS
of
❑ Item (c) is completely amended the old
Sec. 24(c) on “doctor-patient” privilege.
The amendment disqualifies a
physician, psychotherapist or
person reasonably believed to be
authorized to practice medicine or
psychotherapy, in a civil case and
without the consent of the patient,
from being 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.
❑
The privilege now includes “members
of the patient’s family who
participated in the diagnosis or
treatment of the patient under the
direction of the physician or
psychotherapist”.
The definition as to who is a
“psychotherapist” is a new provision
in the second paragraph of item (c).
RULE 130
RULES OF ADMISSIBILITY – cont.
REVISED RULES
(on EVIDENCE)
Sec. 24. Disqualification by reason
of privileged communication – cont.
(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
afterwards, as to communications
made to him in official confidence,
when the court finds that the public
interest would suffer by the
disclosure.
2019 AMENDED RULES REMARKS
(on EVIDENCE)
Sec. 24. Disqualification by reason of
privileged communication – cont.
(d) A minister, priest or person❑ Item (d) identifies who are covered
reasonably believed to be so cannot, by the “priest-confessant”
without the consent of the affected privileged communication, which
person, be examined as to any includes a person reasonably
communication or confession made believed to be a minister or priest
to or any advice given by him or her, by the confessant or affected
in his or her professional character, in person, regarding the confession
the course of discipline enjoined by the or advice given to him.
church to which the minster or priest
belongs.
(e) A public officer cannot be examined❑ The amendment in item (e) covers
during or after his or her tenure as to a public officer who cannot be
communications made to him or her in examined during or even after his/
official confidence, when the court her tenure as to communications
finds that the public interest would made to him/her in official
suffer by the disclosure. confidence.
❑ The second paragraph in item (e)
The communication shall be is a new provision. It states that
privileged, even in the hands of a the communication shall be
third person who may have remain privileged, even in the
obtained the information, provided hands of a third person who
that the original parties to the may have obtained the
communication took precaution to information, provided that the
protect its confidentiality. original parties to the
communication took
precautions to protect its
confidentiality.
RULE 130
RULES OF ADMISSIBILITY – cont.
REVISED RULES 2019 AMENDED RULES
(on EVIDENCE) (on EVIDENCE)
2. Testimonial Privilege 2. Testimonial Privilege
Sec. 25. Parental and filial Sec. 25. Parental and filial privilege. -❑
privilege. - No person may be No person shall be compelled to testify
compelled to testify against his against his or her parents, other direct
parents, other direct ascendants, ascendants, children or other direct
children or other direct descendants, except when such
descendants. testimony is indispensable in a crime
against that person or by one parent
against the other.
❑ The other amendment is just gender-
NO SIMILAR PROVISION Sec. 26. Privilege relating to trade❑
secrets. - A person cannot be❑
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.
REMARKS
The amendment in Sec. 25 provides
that an exception to the privilege
(parental and filial privilege) that
no person shall be compelled to
testify against his/her parents,
children, or other direct ascendants/
descendants, is when such
testimony is indispensable in a
crime against the concerned
person or by one parent against
the other.
based.
This is a NEW SECTION.
The amendment provides that a
person cannot be compelled to
testify about any trade secret,
unless the non-disclosure will
conceal fraud or otherwise work
injustice.
Also, when disclosure is directed,
the court shall take such
protective measures as the
interest of the owner of the trade
secret and of the parties and the
furtherance of justice may require.
RULE 130
RULES OF ADMISSIBILITY – cont.
REVISED RULES
(on EVIDENCE)
3. Admissions and Confessions
Sec. 27. Offer of compromise not admissible
In civil cases, an offer of compromise is not
an admission of any liability, and is not
admissible in evidence against the offeror.
xxx xxx xxx
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 of
offer.
NOTE1: The amendments in 3. Admissions and Confessions, Sec. 27 (Admission of a party), Sec. 33 ( Admission
by silence) and Sec. 34 (Confession) are gender-based and pertains to the re-numbering of the said sections
NOTE2: No amendment in 3. Admissions and Confessions, Sec. 29 (Admission by third party), except the re-
numbering of said section
2019 AMENDED RULES
(on EVIDENCE)
3. Admissions and Confessions
Sec. 28. Offer of compromise not admissible
In civil cases, an offer of compromise is not ❑
an admission of any liability, and is not
admissible in evidence against the offeror. ❑
Neither is evidence of conduct nor
statements made in compromise
negotiations admissible, except evidence
otherwise discoverable or offered for
another purpose, such as proving bias or
prejudice of a witness, negativiting a
contention of undue delay, or proving an
effort to obstruct a criminal investigation
or prosecution.
xxx xxx xxx ❑ No amendment in the second paragraph
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 of 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 .
REMARKS
The second sentence in the first
paragraph of Sec. 28 is a new provision.
The amendment provides that “neither
evidence of conduct nor statements
made in compromise negotiations” are
not admissible, except in evidence,
subject to the exception evidence
otherwise discoverable or offered for
another purpose”, such as proving bias
or prejudice of a witness, negativing a
contention of undue delay, or proving
an effort to obstruct a criminal
investigation or prosecution.
(offer of compromise in criminal cases).
The second sentence in the third
paragraph is a new provision which
provides that neither is any statement
made in the course of plea bargaining
with the prosecution admissible, if this
does not result in a plea of guilty or in a
plea of guilty later withdrawn.
RULE 130
RULES OF ADMISSIBILITY – cont.
REVISED RULES
(on EVIDENCE)
Sec. 29. Admission by co-partner or
agent. - The act or declaration of 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 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.
Sec. 30. Admission by conspirator. -
The act or declaration of a conspirator
relating to the conspiracy and during its
existence, may by given in evidence
against the co-conspirator after the
conspiracy is shown by evidence other
than such act of declaration.
Sec. 31. Admission by privies. - 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.
2019 AMENDED RULES
(on EVIDENCE)
Sec. 30. Admission by co-partner or❑
agent. - 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. (29)
Sec. 31. Admission by conspirator. - The❑
act or declaration of a conspirator in❑
furtherance of the conspiracy and during
its existence, may by given in evidence
against the co-conspirator after the
conspiracy is shown by evidence other
than such act of declaration. (30)
Sec. 32. Admission by privies. - 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. (31)
REMARKS
This used to be Sec. 29.
The amendment in the first sentence
of Sec. 30 provides that 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/her authority,
for one, may be given in evidence
against such party after the
partnership/agency is shown by
evidence other than such act or
declaration.
Also, the other amendment is just
gender-based.
This used to be Sec. 30.
The amendment in Sec. 31 is a minor
one and a matter of style.
This used to be Sec. 31.
The amendment in Sec. 32 is a minor
one and a matter of style.
Also, it clarifies that where a person
derives title to property from another
person, the act, declaration or
omission of the latter in relation to the
property is evidence against the
former, if done while the latter was
holding the title.
RULE 130
RULES OF ADMISSIBILITY – cont.
REVISED RULES 2019 AMENDED RULES
(on EVIDENCE) (on EVIDENCE)
NO SIMILAR PROVISION 5. Hearsay
Sec. 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.
❑ Hearsay evidence is inadmissible, subject
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.
NOTE1: The item on 5. Hearsay is a new item in Rule 130
NOTE2: The old 5. Testimonial Knowledge, Sec. 36 (Testimony generally confined to personal knowledge; hearsay
excluded) was TRANSPOSED to Sec. 22 (Testimony confined to personal knowledge)
REMARKS
This is a NEW SECTION. It defines what
HEARSAY is which 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. The statement may be (i) a oral
or written assertion or (ii) a non-verbal
conduct of a person.
to exceptions as provided in the Rules.
Prior thereto, there was no definition of
hearsay in the Rules of Court.
The second paragraph defines what is
NOT A HEARSAY STATEMENT, which is
when a declarant testifies and is
subject to cross-examination
concerning the statement and the
statement is: (i) inconsistent with
declarant’s testimony and was given
under oath; (ii) consistent with the
declarant’s testimony and is offered to
rebut an express or implied charge
against the declarant; or (iii) one of
identification of a person made after
perceiving him/her.
RULE 130
RULES OF ADMISSIBILITY – cont.
REVISED RULES
(on EVIDENCE)
6. Exceptions To The Hearsay
Rule
Sec. 23. Disqualification by
reason of death or insanity of
adverse party. - Parties or
assignor of parties to a case, or
persons in whose behalf a case
is prosecuted, 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, cannot testify as
to any matter of fact occurring
before the death of such
deceased person or before
such person became of
unsound mind. (old Sec. 23,
Rule 130)
NOTE1: Amendments to 6. Exceptions To The Hearsay Rule, Sec. 38 (Dying declaration), Sec. 46 ( Entries in official
records), and Sec. 48 (Learned treatises) are gender-based and pertain to the re-numbering of the said sections
NOTE2: No amendment in 6. Exceptions To The Hearsay Rule, Sec. 47 (Commercial lists and the like), except the
re-numbering of the said section
2019 AMENDED RULES
(on EVIDENCE)
6. Exceptions To The Hearsay Rule
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 decreased
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. (23)
❑ Also,
REMARKS
The title to Sec. 39 was totally changed
compared to the old Sec. 23 where it was
largely taken from.
The amendment provides, among others,
that in an action against an executor/
administrator or other representative of a
deceased person, or against a person of
unsound mind, involving the estate of
such deceased person or 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 that occurred
before the death of the deceased person
or before the person became of unsound
mind, any statement of the deceased
person or person of unsound mind
may be received in evidence if the
statement was made upon the personal
knowledge of the deceased person or
the person of unsound mind at a time
when the matter had been recently
perceived by him/her and while his/her
recollection was clear.
if the statement lacks
trustworthiness then it is inadmissible.
RULE 130
RULES OF ADMISSIBILITY – cont.
REVISED RULES
(on EVIDENCE)
Sec. 38. 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
declarant’s own interest that a would not have made the declaration unless he or
reasonable man in his position would not
have made the declaration unless he
believed it to be true, may be received in
evidence against himself or his
successors in interest and against third
persons.
Sec. 39. Act or declaration about
pedigree. - The act or declaration of a
person deceased or unable to testify, in
respect to the pedigree of another person
related to him by birth or marriage, may
be received in evidence where it
occurred before the controversy, and the
relationship between the two persons is
shown by evidence other than such act or
declaration. The word “pedigree” includes
relationship, family 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.
2019 AMENDED RULES
(on EVIDENCE)
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
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. (38)
Sec. 41. Act or declaration about pedigree. - The act❑
or declaration of a person deceased or unable to ❑
testify, in respect to the pedigree of another person
related to him or her by birth, adoption, or marriage
or, in the absence thereof, with whose family he
or she was so intimately associated as to be
likely to have accurate information concerning
his or her pedigree, may be received in evidence
where it occurred before the controversy, and the
relationship between the two persons is shown by
evidence other than such act or declaration. The
word “pedigree” includes relationship, family
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.
(39)
REMARKS
This used to be Sec. 38.
The amendment in Sec. 40, for one,
replaced the word “person” with “man”.
Also, the second sentence is a new
provision. It provides that a
statement tending to expose the
declarant to criminal liability and
offered to exculpate the accused is
not admissible in evidence, unless
corroborating circumstances
clearly indicate the trustworthiness
of the statement.
The other amendments are just
gender-based.
This used to be Sec. 39.
The amendment in Sec. 41 states
that the act or declaration of a
deceased person or unable to
testify in respect to pedigree of
another person related to him/her
by, among others, adoption, or in
the absence thereof, with whose
family he/she was so intimately
associated as to be likely to have
accurate information concerning
his/her pedigree, may be received
in evidence where it occurred before
the controversy, and the relationship
between the 2 persons is shown by
evidence other than such act or
declaration.
RULE 130
RULES OF ADMISSIBILITY – cont.
REVISED RULES
(on EVIDENCE)
Sec. 40. Family reputation or tradition
regarding pedigree. - The reputation or
tradition existing in a family previous to the
controversy, in respect to the pedigree of
any one of its members, may be received in
evidence if the witness testifying thereon be
also a member of the family, either by
consanguinity or affinity. Entries in family
bibles or other family books or charts,
engraving on rings, family portraits and the
like, may be received as evidence of
pedigree.
Sec. 41. Common reputation. - Common
reputation existing previous to the
controversy, respecting facts of public or
general interest more than thirty years old,
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.
Sec. 42. Part of the res gestae. -
Statements made by a person while a
startling occurrence is taking place or
immediately prior or subsequent thereto
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.
2019 AMENDED RULES
(on EVIDENCE)
Sec. 42. Family reputation or tradition regarding ❑
pedigree. - The reputation or tradition existing in ❑
a family previous to the controversy, in respect
to the pedigree of any one of its members, may
be received in evidence if the witness testifying
thereon be also a member of the family, either
by consanguinity, affinity, or adoption. Entries
in family bibles or other family books or charts,
engraving on rings, family portraits and the like,
may be received as evidence of pedigree.(40)
Sec. 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. (41)
Sec. 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. (42)
REMARKS
This used to be Sec. 40.
The amendment in Sec. 42 provides that
the reputation or tradition existing in a
family previous to the controversy,
regarding the pedigree of any one of its
members, may be received in evidence
if the witness testifying is also a member
of the family, either by, among others,
adoption.
This used to be Sec. 41.
The amendment in the first sentence of
Sec. 43 involves common reputation
existing previous to the controversy
involving, for one, as to boundaries of
or customs affecting lands in the
community and reputation as to
events of general history important to
the community, may be given in
evidence.
This used to be Sec. 42.
The amendment to the first sentence of
Sec. 44 provides that 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.
RULE 130
RULES OF ADMISSIBILITY – cont.
REVISED RULES
(on EVIDENCE)
Sec. 43. Entries in the course of
business. - Entries made at, or near
the time of transactions to which they
refer, by a person deceased or unable
to testify, who was in a position to
know the facts therein stated, may be
received as prima facie evidence, if
such person made the entries in his
professional capacity or I the
performance of duty and in the
ordinary or regular course of business.
(old Sec. 43, Rule 130)
Sec. 47. Testimony or deposition at a
former proceeding. - The testimony or
deposition of a witness deceased or
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.
2019 AMENDED RULES
(on EVIDENCE)
Sec. 45. Records of regularly conducted ❑
business activity. - A memorandum, report, ❑
record or data compilation of acts, events,
conditions, opinions or diagnoses, made by
writing, typing, electronic, optical or other
similar means at or near the time of or from
transmission or supply of information by a
person with knowledge thereof, and kept in
the regular course or conduct of a business
activity, and 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.
Sec. 49. Testimony or deposition at a former ❑
proceeding. - The testimony or 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. (47)
REMARKS
Sec. 45 completely amended the old Sec. 43.
The new section provides that a
memorandum, report, record or data
compilation of acts, events, conditions,
opinions or diagnoses, made by writing,
typing, electronic, optical or other similar
means at or near the time of or from
transmission or supply of information by
a person with knowledge thereof, and are
kept in the regular course or conduct of a
business activity, and this was the regular
practice as shown by the testimony of the
custodian or other qualified witness of
said items, is excepted from the rule on
hearsay evidence.
This used to be Sec. 47.
The amendment in Sec. 49 clarifies that,
aside from the testimony or deposition of a
deceased witness, the testimony or a
deposition of one who is out of the
Philippines or who cannot, with due
diligence, be found therein, or is
unavailable or unable to testify, given in a
former case or proceeding involving the
same parties, may be given in evidence
against the adverse party who had the
opportunity to cross-examine said witness.
RULE 130
RULES OF ADMISSIBILITY – cont.
REVISED RULES 2019 AMENDED RULES
(on EVIDENCE) (on EVIDENCE)
NO SIMILAR PROVISION Sec. 50. Residual exception. - 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.
REMARKS
Sec. 50 is a NEW SECTION.
The amendment on RESIDUAL
EXCEPTION recognizes that a statement
not specifically covered by Secs. 38 to
49 (exceptions to the Hearsay Rule) that
have 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 statements is more
probative on the point for which it is
offered; and (c) admitting the statement
would serve the general purposes of the
rules and the interest of justice.
This section is like a “catch all” exception to
the hearsay rule.
In the second sentence, it is provided that a
statement may not be admitted under the
exception in this section unless the
proponent makes known to the adverse
party, sufficiently in advance of the
hearing or by the pre-trial stage, (and)
provide the the adverse party with a fair
opportunity to prepare to meet the
proponent’s intention to offer the
statement and the particulars of it,
including the name and address of the
declarant.
 RULE 130
RULES OF ADMISSIBILITY – cont.

REVISED RULES 2019 AMENDED RULES REMARKS

(on EVIDENCE)
7. Opinion Rule
Sec. 49. Opinion of expert witness. - The
opinion of a witness on a matter requiring
special knowledge, skill, experience, or
training which he is shown to possess,
may be received in evidence.
(on EVIDENCE)
7. Opinion Rule
Sec. 52. Opinion of expert witness. - The❑
opinion of a witness on a matter requiring
special knowledge, skill, experience, training
or education, which he or she is shown to
possess, may be received in evidence. (49)
❑ This used to be Sec. 49.
The amendment in Sec. 52 requires that a
witness must possess, among others,
“education” on the matter that he will be
testifying on so that his opinion may be
received in evidence
❑ Another amendment is only gender-based.

8. Character Evidence 8. Character Evidence

Sec. 51. Character evidence not generally
admissible; exceptions. - (a) In Criminal
Cases
(1) The accused may prove his good
moral character which is pertinent to the
moral trait involved in the offense charged
(2) Unless in rebuttal, the prosecution (a)
may not prove his bad moral character
which is pertinent to the moral trait
involved in the offense charged
(3) The good or bad moral character of
the offended party may be proved if it
tends to establish in any reasonable
degree the probability or improbability of
the offense charged
Sec. 54. Character evidence not generally ❑ This used to be Sec. 51.
admissible; exceptions. - Evidence of ❑a The amendment in Sec. 54 states, among
person’s character or a trait of character is others, that an evidence of a person’s
not admissible for the purpose of proving character or a trait of character is not
action in conformity therewith on a admissible for the purpose of proving
particular occasion, except: action in conformity therewith on a
In Criminal Cases; particular occasion, exceptions.
(1) The character of the offended party ❑ The amendment in item (1) under “Criminal
may be proved if it tends to establish in Cases”, provides that the character of the
any reasonable degree the probability or offended party may be proved if it tends to
improbability of the offense charged. establish in any reasonable degree the
(2) The accused may prove his or her good probability or improbability of the offense
moral character, pertinent to the moral trait charged.
involved in the offense charged However, ❑ The other amendment in item (1) states that
the prosecution may not prove his or her bad the prosecution may not prove the accused’s
moral unless on rebuttal. bad moral unless on rebuttal.
❑ Further, the amendment is only gender-based.

NOTE1: No amendment in 7. Opinion Rule, Sec. 51 (General rule), except the re-numbering of the said section
NOTE2: The amendments in 7. Opinion Rule, Sec. 53 (Opinion of ordinary witnesses) are gender-based and
pertain to the re-numbering of the said sections
RULE 130
RULES OF ADMISSIBILITY – cont.
REVISED RULES
(on EVIDENCE)
Sec. 51. Character evidence not
generally admissible; exceptions – cont.
(b) In Civil Cases
Evidence of the moral character of a
party in a civil case is admissible only
when pertinent to the issue of character
involved in the case.
(c) In the case provided for in Rule 132,
Section 14 (Evidence of good character
of witness)
2019 AMENDED RULES
(on EVIDENCE)
Sec. 54. Character evidence not generally
admissible; exceptions – cont.
(b) In Civil Cases
Evidence of the moral character of a party in a
civil case is admissible only when pertinent to
the issue of character involved in the case.
(c) In Criminal and Civil Cases
❑ Item (c) for both “Criminal and Civil Cases” is
Evidence of the good character of a
witness is not admissible until such
character has been impeached. ❑ The amendment in item (c) provides that,
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.
❑ Further, on cross-examination, inquiry into
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. (51;
14[R132])
REMARKS
❑ No amendment with respect to the item
involving “Civil Cases”
a new provision and completely amends the
old item (c)
among others, evidence of good character
of a witness is not inadmissible until such
character has been impeached .
Also, in all cases in which character
evidence or a trait of a person is
admissible, proof may be made by
testimony as to reputation or by testimony
in the form of an opinion.
relevant specific instances of conduct is
allowed.
In addition, 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 of specific
instances of that person’s conduct.
 RULE 131
BURDEN OF PROOF, BURDEN OF EVIDENCE AND
PRESUMPTIONS
REVISED RULES 2019 AMENDED RULES REMARKS
(on EVIDENCE) (on EVIDENCE)
Sec. 1. Burden of proof. - Sec. 1. Burden of proof and burden❑ The amendment in the first paragraph of
Burden of proof is the duty of evidence. - Burden of proof is Sec. 1 is the statement that “burden of
of a party to present the duty of a party to present proof never shifts”, as compared to
evidence on facts in issue evidence on facts in issue “burden of evidence”.
necessary to establish his necessary to establish his or her❑ Also, the other amendment is just
claim or defense by the claim or defense by the amount of gender-based.
amount of evidence evidence required by law. Burden
required by law. of proof never shifts.

Burden of evidence is the duty❑ The second paragraph is a new

of a party to present evidence provision. It defines what “burden of
sufficient to establish or rebut a evidence” which is the duty of a party
fact in issue to establish a prima to present evidence sufficient to
facie case. Burden of evidence establish or rebut a fact in issue to
may shift from one party to the establish a prima facie case.
other in the course of the❑ Also, it is provided therein that “burden
proceedings, depending on the of evidence” may shift from one party
exigencies of the case. to another in the course of the
proceedings, depending on the
exigencies of the case.
NOTE: The amendments in Sec. 2 ( Conclusive presumptions), Sec. 3 (Disputable presumptions) and Sec. 4 (No presumption
of legitimacy or illegitimacy) are gender-based and minor clerical corrections
RULE 131
BURDEN OF PROOF, BURDEN OF EVIDENCE AND PRESUMPTIONS – cont.
REVISED RULES 2019 AMENDED RULES
(on EVIDENCE) (on EVIDENCE)
NO SIMILAR PROVISION Sec. 5. Presumption in civil❑
actions and proceedings. - In all❑
civil actions and proceedings not
otherwise provided 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.
NO SIMILAR PROVISION Sec. 6. Presumption against an❑
accused in criminal cases. - If a❑
presumed fact that establishes
guilt is an element of the 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
REMARKS
Sec. 5 is a NEW SECTION.
The amendment in Sec. 5 provides
that in all civil action and other
proceedings (otherwise provided for
by law or the Rules) a presumption
imposes on the party against
whom a presumption is directed the
burden of going forward with
evidence to rebut or meet the
presumption.
The second paragraph states that if
presumptions are inconsistent, the
weightier presumption shall apply.
Also, if considerations of policy are
of equal weight, then neither
presumption applies.
Sec. 6 is a NEW SECTION.
The amendment provides that if a
presumed fact that establishes
guilt is an element of the offense
charged, then the existence of the
basic fact must be proved beyond
reasonable doubt and the
presumed fact follows from the
basic fact beyond reasonable
 RULE 132
PRESENTATION OF EVIDENCE
REVISED RULES 2019 AMENDED RULES REMARKS
(on EVIDENCE) (on EVIDENCE)
NO SIMILAR PROVISION Sec. 12. Impeachment by evidence of❑ Sec. 12 is a NEW SECTION.
conviction of crime. - For the purpose of ❑ The amendment provides that, for impeaching
impeaching a witness, evidence that he a witness, evidence that the witness has
or she has been convicted by final been convicted by final judgment of a crime
judgment of a crime shall be admitted if shall be admitted if: (1) the crime was
(a) the crime was punishable by a punishable by a penalty in excess of one
penalty in excess of one year; or (b) the year; or (2) the crime involved moral
crime involved moral turpitude, turpitude, regardless of the penalty.
regardless of the penalty.

However, evidence of a conviction is not ❑ Evidence of a conviction is not admissible if

admissible if the conviction has been the conviction has been the subject of an
the subject of an amnesty or annulment amnesty or annulment of conviction.
of conviction.

NOTE1: No amendment in A. EXAMINATION OF WITNESSES, Sec. 1 (Examination to be done in open court), Sec. 4 (Order
in the examination of an individual witness), and Sec. 9 (Recalling witness), as well as in Sec. 17 (When part of transaction,
writing or record given in evidence) and Sec. 18 (Right to inspect writing shown to witness), except for the latter the re-
numbering of the said sections
NOTE2: The amendment in A. EXAMINATION OF WITNESSES, Sec. 2 (Proceedings to be recorded), Sec. 3 (Rights and
obligations of a witness), Sec. 5 (Direct examination), Sec. 6 (Cross-examination; its purpose and extent), Sec. 7 (Re-direct
examination; its purpose and extent), Sec. 8 (Re-cross examination), Sec. 10 ( Leading and misleading questions), Sec. 11
(Impeachment of adverse party’s witness ) and Sec. 16 (When witness may refer to memorandum), is gender-based, while
for Sec. 13 (Party may not impeach his or her own witness) and Sec. 14 (How witness impeached by evidence of
inconsistent statements ), the amendments are gender-based, minor clerical errors or matters of style and the re-numbering of
the said sections
NOTE3: The old Sec. 14 (Evidence of good character of witness ) was incorporated in the present Sec. 54, Rule 130
RULE 132
PRESENTATION OF EVIDENCE – cont.
REVISED RULES
(on EVIDENCE)
Sec. 15. Exclusion and
separation of witnesses. - On
any trial or hearing, the judge
may exclude from the court
any witness not at the time
under examination, so that
he may not hear the
testimony of the other
witnesses. The judge may
also cause witnesses to be
separate and to be
prevented from conversing
with one another until all
shall have been examined.
2019 AMENDED RULES
(on EVIDENCE)
Sec. 15. Exclusion and separation of❑
witnesses. - The court, motu proprio
or upon motion, shall order
witnesses excluded so that they
cannot hear the testimony of other
witnesses. This rules does not
authorize exclusion of (a) a party who
is a natural person, (b) a duly❑
designated representative of a The amendment provides that the rule
juridical entity which is a party to the
case, (c) a person whose 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.
REMARKS
The first sentence almost completely
amends the entire first sentence of Sec.
15. It provides that the court, motu
proprio or upon motion, shall order
witnesses excluded so that they
cannot hear the testimony of other
witnesses.
The second sentence is a new provision.
on exclusion of witnesses does not
authorize exclusion of (1) a party who
is a natural person, (2) a duly
designated representative of a
juridical entity which is a party to the
case, (3) a person whose presence is
essential to the presentation of the
party’s cause, or (4) a person
authorized by statute to be present at
the trial or hearing.
The second paragraph allows the court
to keep separate the witnesses and
prevent them to converse with one
another, directly or through
intermediaries, until all shall have been
examined
 RULE 132
PRESENTATION OF EVIDENCE – cont.

REVISED RULES 2019 AMENDED RULES REMARKS

(on EVIDENCE) (on EVIDENCE)
B. AUTHENTICATION AND B. AUTHENTICATION AND PROOF
PROOF OF DOCUMENTS OF DOCUMENTS
Sec. 19. Classes of documents. Sec. 19. Classes of documents. - For❑ There is no amendment in
- For the purpose of their the purpose of their presentation in the first paragraph of Sec.
presentation in evidence, evidence, documents are either public 19.
documents are either public or or private. ❑ The amendment in the
private. second paragraph of Sec.
Public documents are: 19, involves the insertion of
Public documents are: (a) xxx item (c) wherein documents
(a) xxx xxx xxx (b) xxx that are considered public
(b) xxx xxx xxx and (c) Documents that are considered documents under treaties
(c) xxx xxx xxx public documents under treaties and and conventions which
conventions which are in force are in force between the
between the Philippines and the Philippines and the
country of source; and country of source are
(d) xxx considered as public
documents.
All other writings are private. All other writings are private.
❑ No amendment in the third
paragraph of Sec. 19.
NOTE1: No amendment in B. AUTHENTICATION AND PROOF OF DOCUMENTS, Sec. 21 (When evidence of authenticity
of private document), Sec. 23 ( Public documents are evidence ), Sec. 26 ( Irremovability of public record), Sec. 27 ( Public
record of a private document), Sec. 29 ( How judicial record impeached), Sec. 30 ( Proof of notarial documents), and Sec. 32
(Seal)
NOTE2: The amendments in B. AUTHENTICATION AND PROOF OF DOCUMENTS, Sec. 22 (How genuineness of
handwriting proved ), Sec. 25 ( What attestation of copy must state), Sec. 28 ( Proof of lack of record), Sec. 31 ( Alteration in
document, how to explain) and Sec. 33 (Documentary evidence in an unofficial language) are only gender-based.
RULE 132
PRESENTATION OF EVIDENCE – cont.
REVISED RULES
(on EVIDENCE)
Sec. 20. Proof of private documents. -
Before any private 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 the
signature or handwriting of the maker.
Any other private document need only be
identified as that which it is claimed to be.
Sec. 24. Proof of official record. - 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
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.
2019 AMENDED RULES REMARKS
(on EVIDENCE)
Sec. 20. Proof of private documents. - Before any❑ The amendment in Sec.20 pertains
private document offered as authentic is received in to the insertion of a third means to
evidence, its due execution and authenticity must be prove the due execution and
proved by any of the following means: authenticity of a private document, i.
(a) By anyone who saw the document executed or e., by other evidence showing its
written; due execution and authenticity.
(b) By evidence of the genuineness of 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 ❑ No amendment in the second
as that which it is claimed to be. paragraph of Sec. 20.
Sec. 24. Proof of official record. - The record of❑ The amendment in the first
public documents referred to in paragraph (a) of sentence of Sec. 24 is only gender-
Section 19, when admissible for any purpose, may based.
be evidenced by an official publication thereof or by ❑ Also, the amendment in the second
a copy attested by the officer having the legal paragraph provides that the
custody of the record, or by his or her deputy, and certificate or its equivalent needed
accompanied, if the record is not kept in the with respect to a record kept in a
Philippines, with a certificate that such officer has foreign country, which is a
the custody. If the office in which the record is kept is contracting party to a treaty or
in a foreign country, which is a contracting party convention to which the
to a treaty or convention to which the Philippines Philippines is also a party, or
is also a party, or considered a public document considered a public document
under such treaty or convention pursuant to under such treaty or convention
paragraph (c) of Section 19 hereof, the certificate pursuant to par. (c) of Sec. 19
or its equivalent shall be in the form prescribed hereof, the certificate or its
by such treaty or convention subject to equivalent shall be in the form
reciprocity granted to public documents prescribed by such treaty or
originating from the Philippines. convention, subject to
reciprocity granted to public
documents originating from the
Philippines.
RULE 132
PRESENTATION OF EVIDENCE – cont.
REVISED RULES 2019 AMENDED RULES
(on EVIDENCE) (on EVIDENCE)
Sec. 24. Proof of official record – cont.
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 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.
REMARKS
The preliminary sentence in the third paragraph
of Sec. 24 provides that for documents
originating from a foreign country which is
not a contracting party to a treaty or
convention, 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 said official’s office
The fourth paragraph is a new provision.
The amendment provides that a document
already accompanied by a certificate or its
equivalent may be presented in evidence
without further proof, the certificate or its
equivalent being prima face evidence of the
due execution and genuineness of the
document involved.
Also, a certificate shall not be required if the
treaty or convention between the Philippines
and a foreign country has abolished such
requirement or has exempted the document
itself from such formality.
 RULE 132
PRESENTATION OF EVIDENCE – cont.
REVISED RULES
(on EVIDENCE)
C. OFFER AND OBJECTION
Sec. 35. When to make offer. - As regards
the testimony of a witness, the offer must
be made at the time the witness is called to
testify.
Documentary and object evidence 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.
Sec. 36. Objection. - Objection to evidence
offered orally must be made immediately
after the offer is made.
Objection to a question propounded in the
course of the oral examination of a witness
shall be made as soon as the grounds
therefor become reasonably apparent.
An offer of evidence in writing shall be
objected to within three (3) days after
notice unless a different period is allowed
by the court.
NOTE1: No amendment in C. OFFER AND OBJECTION, Sec. 34 (Offer of evidence), Sec. 38 ( Ruling), and Sec. 40
(Tender of excluded evidence)
NOTE2: The amendment in C. OFFER AND OBJECTION, Sec. 37 (When repetition of objection unnecessary) is only
gender-based.
2019 AMENDED RULES
(on EVIDENCE)
C. OFFER AND OBJECTION
Sec. 35. When to make offer. - All evidence
must be offered orally.
The offer of the testimony of a witness in
evidence must be made at the time the
witness is called to testify.
The offer of documentary and object
evidence shall be made after the
presentation of a party’s testimonial evidence.
Sec. 36. Objection. - Objection to offer of❑
evidence must be made orally immediately
after the offer is made.
Objection to the testimony of a witness ❑
for lack of a formal offer must be made as
soon as the witness begins to testify.
Objection to a question propounded in the
course of the oral examination of a witness ❑
must be made as soon as the grounds
therefor become reasonably apparent.
❑ Further, no more offer of evidence in
REMARKS
❑ The amendment in Sec. 35, for one,
requires all evidence to be offered orally.
❑ Also, the amendment gives emphasis on
when the testimony of a witness in
evidence should be offered, which is at the
time the witness is called to testify.
❑ As to the offer of documentary or object
evidence, this should be made after
presentation of a party’s testimonial
evidence.
The amendment in Sec. 36 requires
objections to offer of evidence must be
made orally immediately after the offer is
made.
Also, in the second paragraph, an
objection to a testimony of a witness for
lack of a formal offer must be made as
soon as the witness begins to testify.
In addition, objection to a question
propounded during the trial must be made
as soon as the grounds therefor become
reasonably apparent.
writing is allowed as the third paragraph of
Sec. 36 was DELETED.
RULE 132
PRESENTATION OF EVIDENCE – cont.
REVISED RULES
(on EVIDENCE)
Sec. 39. Striking out answer. -
Should a witness answer the
question before the adverse party
had the opportunity to voice fully
its objection to the same, and such
objection is found to be
meritorious, the court shall sustain
the objection and order the answer
given 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.
2019 AMENDED RULES
(on EVIDENCE)
Sec. 39. Striking out answer. -❑
Should a witness answer the
question before the adverse party
had the opportunity to voice fully its
objection to the same, or where a
question is not objectionable,
but the answer is not responsive,
or where a witness testifies
without a questions being posed
or testifies beyond limits set by
the court, or when the witness
does a narration instead of
answering the question, and such
objection is found 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.
REMARKS
The amendment in Sec. 39
provides that should a witness
answer the question before
this was objected to, or where
a question is not
objectionable but the answer
is not responsive, or where a
witness testifies without
questions being posed or
testifies beyond the limits
set by the court, or when the
witness does a narration
instead of answering the
question, and the objection is
found to be meritorious, the
court shall sustain the
objection and order such
answer, testimony or
narration to be stricken off the
record.
There is no amendment in the
second paragraph.
 RULE 133
WEIGHT AND SUFFICIENCY OF EVIDENCE
REVISED RULES 2019 AMENDED RULES REMARKS
(on EVIDENCE) (on EVIDENCE)
Sec. 4. Circumstantial evidence, when Sec. 4. Circumstantial evidence, when sufficient. - ❑ There is no amendment in the first
sufficient. - Circumstantial evidence is Circumstantial evidence is sufficient for conviction if: paragraph of Sec. 4.
sufficient for conviction if: (a) There is more than one circumstance; ❑ The amendment in the second paragraph,
(a) There is more than one (b) The facts from which the inferences are derived which is a new provision, stresses that
circumstance; are proven; and inferences cannot be based on other
(b) The facts from which the inferences (c) The combination of all the circumstances is inferences.
are derived are proven; and such as to produce a conviction beyond reasonable
(c) The combination of all the doubt.
circumstances is such as to produce a Inferences cannot be based on other inferences
conviction beyond reasonable doubt.
NO SIMILAR PROVISION Sec. 5. Weight to be given opinion of expert ❑ Sec. 5 is a NEW SECTION.
witness, how determined. - In any case where ❑ The amendment provides, among others,
the opinion of an expert witness is received in that in any case where the opinion of an
evidence, the court has a wide latitude of expert witness is received in evidence,
discretion in determining the weight to be given the court has a wide latitude of
to such opinion, and for that purpose may discretion in determining the weight to
consider the following: be given to such opinion.
(a) Whether the opinion is based upon ❑ Also, the court, in exercising such
sufficient facts or data; discretion, may consider the following: (a)
(b) Whether it is the product of reliable whether the opinion is based on
principles and methods; sufficient facts or data; (b) whether the
(c) Whether the witness has applied the opinion is the product of reliable
principles and methods reliably to the facts of principles and methods; (c) whether the
the case; and witness has applied the principles and
(d) Such other factors as the court may deem methods reliably to the facts of the case;
helpful to make such determination and (d) such other helpful factors.
NOTE1: The amendments in Sec. 1 (Preponderance of evidence, how determined ) and Sec. 2 (Proof beyond reasonable
doubt) are only gender-based, while in Sec. 7 (Power of the court to stop further evidence) it is to emphasize that the power
to stop further evidence should be exercised with caution and for the re-numbering of the said section
NOTE2: No amendment in Sec. 3 (Extrajudicial confession, not sufficient ground for conviction), while no amendment as well
in Sec. 6 (Substantial evidence) and Sec. 8. (Evidence on motion), except the re-numbering of the said sections
 END OF THE
PRESENTATION.
THANK YOU SO MUCH!