COMPARISON OF THE REVISED RULES ON EVIDENCE

Section Original Provision Amended Provision Remarks

Rule 128
Sec. 3. Admissibility Evidence is Evidence is  The
of evidence admissible when it is admissible when it is amendment in
relevant to the issue relevant to the issue Sec. 3 is that
and not excluded by and not excluded by evidence may
the law or these rules. the Constitution, the be inadmissible
law or these Rules. if excluded
also by the
Constitution
 In the
Constitution,
there are basic
rights that may
affect the
admissibility of
evidence, such
as those
covered by the
Bill of Rights.

Rule 129
Sec. 1. Judicial A court shall take A court shall take  The
notice, when judicial notice, judicial notice, amendment in
mandatory without the without the Sec. 1 pertains
introduction of introduction of to recognizing
evidence, of the evidence, of the the official acts
existence and existence and of the
territorial extent of territorial extent of legislative,
states, their political states, their political executive and
history, forms of history, forms of judicial
government and government and departments of
symbols of symbols of the National
nationality, the law of nationality, the law of Government of
nations, the admiralty nations, the admiralty the Philippines
and maritime courts and maritime courts of
of the world and their the world and their
seals, the political seals, the political
constitution and constitution and
history of the history of the
Philippines, official Philippines, official
acts of the legislative, acts of the legislative,
executive and judicial executive and judicial
departments of the departments of the
Philippines, the laws National
of nature, the Government of the
measure of time, and Philippines, the laws
the geographical of nature, the measure
divisions. of time, and the
geographical
divisions.

Sec. 3. Judicial During the trial, the During the pre-trial  The
notice, when hearing court, on its own and the trial, the amendment in
necessary initiative, or on court, motu proprio, Sec. 3
request of a party, or upon motion, shall recognizes,
may announce the hear the parties on among others,
intention to take the propriety of the judicial
judicial notice of any taking judicial notice notice may be
matter and allow the of any matter. announced also
parties to be heard during the pre-
thereon. trial.
 Also, the court
may motu
proprio or
upon motion”,
instead of “on
request”, hear
the parties on
giving a matter
judicial notice

After the trial, and Before judgment or on  The

before judgment or appeal, the court, amendment in
on appeal, the proper motu proprio or upon the same
court, on its own motion, may take section
initiative or on judicial notice of any removed the
request of a party, matter and shall hear phrase “After
may take judicial the parties thereon if the trial”,
notice of any matter such matter is decisive which actually
and allow the parties of a material issue in involves
to be heard thereon if the case. proceedings
such matter is “before
decisive of a material judgment”
issue in the case.  Further, the use
of the terms
“motu proprio”
and “upon
motion” are
consistent with
the use thereof
in the 1st par. of
Sec. 3

Sec. 4. Judicial An admission, verbal An admission, oral or  The

admissions or written, made by a written, made by the amendment in
party in the course of party in the course of Sec. 4 used the
the proceedings in the the proceedings in the word “oral”,
same case, does not same case, does not instead of
require proof. The require proof. The “verbal” when
admission may be admission may be referring to an
contradicted only by contradicted only by admission
showing that it was showing that it was  Also, the
made through made through “imputed
palpable mistake or palpable mistake or admission”
that no such that the imputed simply refers to
admission was made. admission was not, in the “judicial
fact, made. admission”
  A “judicial
admission” not
“in fact” made
is just stressing
the point.

Rule 130
B. Documents as Documents as  The
DOCUMENTARY evidence consist of evidence consist of amendment in
EVIDENCE writings or any writings, recordings, Sec. 2
material containing photographs or any expanded the
Sec. 2. Documentary letters, words, material containing definition of
evidence numbers, figures, letters, words, sounds, documentary
symbols or other numbers, figures, evidence,
modes of written symbols, or their which now
expression offered as equivalent, or other includes
proof of their modes of written “recordings
contents. expression offered as and
proof of their photographs”,
contents. as well as
Photographs include “sounds”, or
still pictures, their
drawings, stored “equivalent”
images, x-ray films,  There is also a
motion pictures or new paragraph
videos. on the
definition of
“photographs”

1. Original When the subject of When the subject of  The

Document Rule (No inquiry is the contents inquiry is the contents amendment in
longer the Best of a document, no of a document, Sec. 3 includes
Evidence Rule) evidence shall be writing, recording, as a subject of
Sec. 3. Original admissible other than photograph or other inquiry, not
document must be the original document record, no evidence is only a
produced; exceptions itself, except in the admissible other than document, but
following cases: the original document also a writing,
itself, except in the recording,
following cases: photograph or
other record
 The rule is that
“no evidence is
admissible
other than
original
document
itself”
 Now, the
exception
applies if, aside
from the
document
itself, the
“writing,
recording,
photograph or
 other record”,
cannot be
presented

1. Original (a) The original of the (a) An “original” of  This item (a) is
Document Rule document is one of a document is the a new
Sec. 4. Original of the contents of which document itself or provision
document are the subject of any counterpart  The
inquiry intended to have the amendment
same effect by a defines what an
person executing or original
issuing it. An document is,
“original” of a which is the
photograph includes document itself
the negative or any or any
print therefrom. If counterpart
data is stored in a intended to
computer or similar have the same
device, any printout effect
or other output  Also, it
readable by sight or provides that
other means, shown an original of a
to reflect the data photograph
accurately, is an includes the
“original”. negative or any
print therefrom
 Further, the
data stored in a
computer or
similar device,
when printed,
is also an
original

(b) When a document (b) A “duplicate” is a  This item (b) is

is in two or more counterpart a new
copies executed at or produced by the provision.
about the same time, same impression as  The definition
with identical the original, or from of a
contents, all such the same matrix, or “duplicate” is
copies are equally by means of more detailed,
regarded as originals photography, it pertains to a
including counterpart
enlargements and produced (i) by
miniatures, or by the same
mechanical or impression as
electronic re- the original, or
recording, or by (ii) from the
chemical same matrix, or
reproduction, or by (iii) by means
other equivalent of
techniques which photography,
accurately reproduce or (iv) by
the original. mechanical or
electronic
 recording, (v)
by chemical
reproduction,
or (vi) by other
equivalent
techniques

(c) When an entry is (c) A duplicate is  This item (c) is

repeated in the admissible to the a new
regular course of same extent as an provision
business, one being original unless (1) a  The
copied from another genuine question is admissibility of
at or near the time of raised as to the a duplicate is
the transaction, all the authenticity of the allowed to the
entries are likewise original, or (2) in the same extent as
equally regarded as circumstances, it is an original,
originals unjust or inequitable except if (1) a
to admit the genuine
duplicate in lieu of question is
the original. raised as to the
authenticity of
the original or
(2) it is unjust
or inequitable
to admit the
duplicate”

Note section 5 and 6

was also amended.

2. Secondary NO ORIGINAL When the contents of  Sec. 7 is a new

Evidence PROVISION documents, records, provision
Sec. 7. Summaries photographs, or  It pertains to
numerous accounts “voluminous”
are voluminous and evidence that
cannot be examined cannot be
in court without examined in
great loss of time, court without
and the fact sought great loss of
to be established is time, so the
only the general contents
result of the whole, thereof may be
the contents of such presented in
evidence may be the form of a
presented in the chart, summary
form of a chart, or calculation
summary or  Also, the
calculation. “voluminous”
evidence must
The originals shall be available to
be available for the adverse
examination or party for
copying, or both, by examination or
the adverse party at copying
 a reasonable time
and place.

3. Parol Evidence When the terms of an When the terms of an  The

Rule agreement have been agreement have been amendment in
Sec. 10. Evidence of reduced to writing, it reduced to writing, it the first
written agreements is considered as is considered as paragraph of
containing all the containing all the Sec. 10 is not
terms agreed upon terms agreed upon and substantial,
and there can be, there can be, as aside from the
between the parties between the parties re-numbering
and their successors and their successors in thereof, the
in interest, no interest, no evidence word “as” was
evidence of such of such terms other merely inserted
terms other than the than the contents of
contents of the the written agreement.
written agreement.

3. Parol Evidence However, a party However, a party may  No substantial

Rule may present evidence present evidence to amendment in
Sec. 10. Evidence of to modify, explain or modify, explain or the third
written agreements – add to the terms of add to the terms of the paragraph of
cont. the written agreement written agreement if Sec. 10, aside
if he puts in issue in he or she puts in issue from the
his pleading: in a verified pleading: gender-based
(a) xxx (a) xxx amendment,
(b) xxx (b) xxx inserted was
(c) xxx (c) xxx word
(d) xxx (d) xxx “verified”
The term The term “agreement” when referring
“agreement” includes includes wills. to the required
wills. pleading to
“modify
explain or add
to the terms of
a written
agreement”

C. TESTIMONIAL During their During their marriage,  The

EVIDENCE marriage, neither the the husband or the amendment in
1. Qualification of husband nor the wife wife cannot testify for Sec. 23 is that
Witnesses may testify for or or against the other it made clear
Sec. 23. against the other without the consent of that the
Disqualification by without the consent the affected spouse, husband or the
reason of marriage of the affected except in a civil case wife “cannot”
spouse, except in a by one against the testify against
civil case by one other, or in a criminal each other,
against the other, or case for a crime subject to
in a criminal case for committed by one exceptions
a crime committed by against the other or involving a
one against the other the latter’s direct civil case filed
or the latter’s direct descendants or by one spouse
descendants or ascendants. against the
ascendants. other or in a
 criminal case
committed by
one spouse
against the
other or the
latter’s direct
descendants or
ascendants

Section Original Provision Amended Provision Remarks

1. Qualification of The following The following persons  The

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

1. Qualification of NO ORIGINAL (i) Furtherance of  Exceptions (i)

Witnesses PROVISION crime or fraud. If the to (iv) of item
Sec. 24. services or advice of (b) are new
Disqualification by the lawyer were provisions
reason of privileged sought or obtained to which are
communication – enable or aid anyone exceptions to
cont. to commit or plan to the lawyer-
commit what the client
client knew or privileged
reasonably should communication
have known to be a , such as, when
crime or fraud; the services or
(ii) Claimants advice of the
through same lawyer was (i)
deceased client. As to in furtherance
communication of a crime or
relevant to an issue fraud, or the
between parties who communication
claim through the conveyed to
same deceased client, the lawyer is
regardless of relevant to (ii)
whether the claims claimants
are by testate or through the
intestate or by inter same deceased
vivos transaction; client (of the
(iii) Breach of duty lawyer), or the
by lawyer or client. communication
As to a is a (iii) breach
communication of duty by the
relevant to an issue lawyer to his or
of breach of duty by her client, or
the lawyer to his or the
her client, or by the communication
client to his or her is relevant to
lawyer; an (iv) attested
(iv) Document document to
attested by the which the
lawyer. As to a lawyer was the
communication attesting
relevant to any issue witness
concerning an  Exception (v)
attested document to of item (b) is
which the lawyer is also a new
an attesting witness; provisions
or (v) Joint clients. which is an
As to a exception to
communication the lawyer-
relevant to a matter client
of common interest privileged
between two or more communication
clients if the when the
 communication was communication
made by any of them is relevant to a
to a lawyer retained common
or consulted in interest
common, when between 2 or
offered in an action more clients
between any of the
clients, unless they
have expressly
agreed otherwise.

(c) A person (c) A physician,  Item (c) is

authorized to practice psychotherapist or completely a
medicine, surgery or person reasonably different
obstetrics cannot in a believed by the provision on
civil case, without the patient to be “doctor-
consent of the patient, authorized to patient”
be examined as to practice medicine or privilege.
any advice or psychotherapy  This identifies
treatment given by cannot in a civil case, who are
him or any without the consent covered by the
information which he of the patient, be privilege, or
may have acquired in examined as to any those who
attending such patient confidential cannot be
in a professional communication examined as to
capacity, which made for the any
information was purpose of diagnosis confidential
necessary to enable or treatment of the communication
him to act in such patient’s physical, made for the
capacity, and which mental or emotional purpose or
which would blacken condition, including treatment of
the reputation of the alcohol or drug the patient’s
patient; addition, between physical,
patient and his or mental or
her physician or emotional
psychotherapist. condition,
This privilege also including
applies to persons, alcohol or drug
including members addition,
of the patient’s particularly the
family, who have physician,
participated in the psychotherapist
diagnosis or or person
treatment of the believed to be
patient under the authorized to
direction of the practice
physician or medicine
psychotherapist.  The privilege
now covers
“members of
the patient’s
family who
participated in
the diagnosis
or treatment of
 the patient
under the
direction of the
physician or
psychotherapist

NO ORIGINAL A “psychotherapist”  This definition

PROVISION is: of a
(a) A person licensed “psychotherapi
to practice medicine st” is a new
engaged in the provision in
diagnosis or item (c)
treatment of a
mental or emotional
condition, or
(b) A person licensed
as a psychologist by
the government
while similarly
engaged.

(d) A minister or (d) A minister, priest  Item (d)

priest cannot, without or person reasonably identifies who
the consent of the believed to be so are covered by
person making the cannot, without the the “priest-
confession, be consent of the confessant”
examined as to any affected person, be privileged
confession made to or examined as to any communication
any advice given by communication or , which
him in his confession made to or includes a
professional character any advice given by person
in the course of him or her, in his or reasonably
discipline enjoined by her professional believed to be
the church to which character, in the a minister or
the minister or priest course of discipline priest by the
belongs; enjoined by the confessant or
church to which the affected
minster or priest person,
belongs. regarding the
confession or
advice given to
him

(e) A public officer (e) A public officer  The

cannot be examined cannot be examined amendment in
during his term of during or after his or item (e) covers
office afterwards, as her tenure as to not only
to communications communications made communication
made to him in to him or her in s during the
official confidence, official confidence, tenure of the
when the court finds when the court finds public officer,
that the public that the public interest but even “after
interest would suffer would suffer by the his or her
by the disclosure. disclosure. tenure”
 NO ORIGINAL The communication  This last
PROVISION shall be privileged, paragraph is a
even in the hands of new provision
a third person who  For the
may have obtained communication
the information, to remain
provided that the privileged,
original parties to even if in the
the communication hands of a third
took precaution to person, the
protect its concerned
confidentiality. parties should
have taken
precautions to
protect its
confidentiality

2. Testimonial No person may be No person shall be  The

Privilege compelled to testify compelled to testify amendment in
Sec. 25. Parental and against his parents, against his or her Sec. 25 is,
filial privilege other direct parents, other direct among others,
ascendants, children ascendants, children gender-based.
or other direct or other direct  Also, there is a
descendants. descendants, except new provision
when such testimony on the
is indispensable in a exception to
crime against that the parental
person or by one and filial
parent against the privilege, i.e.,
other. when the
testimony is
indispensable
in a crime
involving the
concerned
person or by
one parent
against the
other

2. Testimonial NO ORIGINAL A person cannot be  This is a new

Privilege PROVISION compelled to testify section.
Sec. 26. Privilege about any trade  The
relating to trade secret, unless the amendment
secrets non-disclosure will considers as
conceal fraud or privilege the
otherwise work disclosure of
injustice. When “trade
disclosure is secrets”,
directed, the court unless the non-
shall take such disclosure will
protective measure conceal fraud
as the interest of the or otherwise
 owner of the trade work injustice
secret and of the  When
parties and the disclosure is
furtherance of ordered by the
justice may require. court,
protective
measures must
be taken to
protect the
interest of the
owner of the
trade secret
and of the
parties and the
furtherance of
justice may
require

3. Admissions and In civil cases, an offer In civil cases, an offer  The second
Confessions of compromise is not of compromise is not sentence in the
Sec. 28. Offer of an admission of any an admission of any first paragraph
compromise not liability, and is not liability, and is not of Sec. 28 is a
admissible admissible in admissible in new provision.
evidence against the evidence against the  The
offeror. offeror. Neither is amendment
evidence of conduct provides that
nor statements made “evidence of
in compromise conduct nor
negotiations statements
admissible, except made in
evidence otherwise compromise
discoverable or negotiations”
offered for another cannot be
purpose, such as admissible,
proving bias or except if such
prejudice of a evidence were
witness, negativiting “discoverable
a contention of or offered for
undue delay, or another
proving an effort to purpose”, such
obstruct a criminal as proving bias
investigation or or prejudice of
prosecution. a witness

 No
amendment in
the second
paragraph of
Sec. 28 (offer
of compromise
in criminal
cases)

A plea of guilty later A plea of guilty later  The second

 withdrawn, or an withdrawn, or an sentence in the
unaccepted offer of a unaccepted offer of a third
plea of guilty to a plea of guilty to a paragraph is a
lesser offense, is not lesser offense, is not new provision.
admissible in admissible in  It provides that
evidence against the evidence against the a plea
accused who made accused who made bargaining
the plea of offer. the plea of offer. with the
Neither is any prosecution
statement made in cannot be used
the course of plea in evidence
bargaining with the against the
prosecution, which accused
does not result in a  No
plea of guilty or amendment in
which results in a the fourth
plea of guilty later paragraph of
withdrawn, Sec. 28 (offer
admissible. to pay
medical,
hospital or
other
expenses)

3. Admissions and The act or declaration The act or declaration  The

Confessions of a partner or agent of a partner or agent amendment in
Sec. 30. Admission by of the party within the authorized by the the first
co-partner or agent scope of his authority party to make a paragraph of
and during the statement Sec. 30 only
existence of the concerning the clarifies the
partnership or agency, subject, or within the authority
may be given in scope of his or her given to a
evidence against such authority and during partner or
party after the the existence of the agent
partnership or agency partnership or agency,  Also, the
is shown by evidence may be given in amendment
other than such or evidence against such also is gender-
declaration. The same party after the based.
rule applies to the act partnership or agency
or declaration of a is shown by evidence
joint owner, joint other than such or
debtor, or other declaration. The same
person jointly rule applies to the act
interested with the or declaration of a
party. joint owner, joint
debtor, or other
person jointly
interested with the
party.

3. Admissions and The act or declaration The act or declaration  The

Confessions of a conspirator of a conspirator in amendment in
Sec. 31. Admission by relating to the furtherance of the Sec. 31 is a
conspirator conspiracy and during conspiracy and during minor one and
its existence, may by its existence, may by a matter of
 given in evidence given in evidence style, aside
against the co- against the co- from the re-
conspirator after the conspirator after the numbering of
conspiracy is shown conspiracy is shown the said
by evidence other by evidence other section
than such act of than such act of
declaration. declaration.

3. Admissions and Where one derives Where one derives  The

Confessions title to property from title to property from amendment in
Sec. 32. Admission by another, the act, another, the latter’s Sec. 32 is a
privies declaration, or act, declaration, or minor one and
omission of the latter, omission, in relation a matter of
while holding the to the property, is style, as well
title, in relation to the evidence against the as pertaining
property, is evidence former if done while to the
against the former. the latter was numbering of
holding the title. the said
section
 Also, it
clarifies that
the act,
declaration or
omission of
the holder of
title is
evidence
against the one
deriving title
therefrom

5. Hearsay NO ORIGINAL Hearsay is a  This a new

Sec. 37. Hearsay PROVISION statement other than provision in
one made by the Sec. 37 which
declarant while defines what
testifying at a trial HEARSAY
or hearing, offered means, which
to prove the truth of essentially is a
the facts asserted statement
therein. A statement other than one
is (1) an oral or made by the
written assertion or declarant
(2) a non-verbal while
conduct of a person, testifying at a
if it is intended by trial or
him or her as an hearing. The
assertion. Hearsay statement may
evidence is be (i) oral or
inadmissible except written or (ii)
as otherwise a non-verbal
provided in these conduct of a
Rules. person.
 Prior thereto,
A statement is not there was no
hearsay if the definition of
 declarant testifies at hearsay in the
the trial or hearing Rules of
and is subject to Court.
cross-examination  This second
concerning the paragraph of
statement, and the Sec. 37 is also
statement is (a) a new
inconsistent with the provision. It
declarant’s defines what is
testimony, and was NOT A
given under oath HEARSAY
subject to the STATEMENT
penalty of perjury at , which is
a trial, hearing or when a
other proceeding, or declarant
in a deposition; (b) testifies and is
consistent with the subject to
declarant’s cross-
testimony and is examination
offered to rebut an concerning the
express or implied statement and
charge against the the statement
declarant of recent is: (i)
fabrication or inconsistent
improper influence with
or motive; or (c) one declarant’s
of identification of a testimony; (ii)
person made after offered to
perceiving him or rebut an
her. express or
implied charge
against the
declarant; or
(iii) one of
identification
of a person
made after
perceiving him
or her

6. Exceptions To The Parties or assignor of In an action against  This is a new

Hearsay Rule parties to a case, or an executor or section
Sec. 39. Statement of persons in whose administrator or other regarding the
decedent or person of behalf a case is representative of a statement of a
unsound mind prosecuted, against an deceased person, or decedent or
executor or against a person of person of
administrator or other unsound mind, upon a unsound mind.
representative of a claim or demand  The
deceased person, or against the estate of amendment
against a person of such deceased person requires,
unsound mind, upon a or against such person among others,
claim or demand of unsound mind, that any
against the estate of where a party or statement that
such deceased person assignor of a party will be used in
or against such person or a person in whose an action
of unsound mind, behalf a case is against an
 cannot testify as to prosecuted testifies executor,
any matter of fact on a matter of fact administrator
occurring before the occurring before the or other
death of such death of the decreased representative
deceased person or person or before the of a deceased
before such person person became of person or of an
became of unsound unsound mind, any unsound mind,
mind (old Sec. 23, statement of the should be
Rule 130) deceased or the based on the
person of unsound statement of
mind, may be the deceased
received in evidence or the person
if the statement was of unsound
made upon the mind made
personal knowledge upon the
of the deceased or personal
the person of knowledge of
unsound mind at a the latter at a
time when the time when the
matter had been matter had
recently perceived been recently
by him or her and perceived by
while his or her him/her and
recollection was while his/her
clear. Such recollection
statement, however, was clear
is inadmissible if
made under
circumstances
indicating its lack of
trustworthiness.

6. Exceptions To The The declaration made The declaration made  The

Hearsay Rule by a person deceased by a person deceased amendment in
Sec. 40. Declaration or unable to testify or unable to testify Sec. 40 is,
against interest against the interest of against the interest of among others,
the declarant, if the the declarant, if the gender-based.
fact asserted in the fact asserted in the  Also, the
declaration was at the declaration was at the second
time it was made so time it was made so sentence of
far contrary to far contrary to the Sec. 40 is a
declarant’s own declarant’s own new provision.
interest that a interest that a  The new
reasonable man in his reasonable person in provision
position would not his or her position specifies that
have made the would not have made if the
declaration unless he the declaration unless statement will
believed it to be true, he or she believed it expose the
may be received in to be true, may be declarant to
evidence against received in evidence criminal
himself or his against himself or liability and
successors in interest herself or his or her offered to
and against third successors in interest exculpate the
persons. and against third accused, then
persons. A statement this is not
tending to expose the admissible in
 declarant to evidence
criminal liability
and offered to
exculpate the
accused is not
admissible unless
corroborating
circumstances
clearly indicate the
trustworthiness of
the statement.

6. Exceptions To The The reputation or The reputation or  The

Hearsay Rule tradition existing in a tradition existing in a amendment in
Sec. 42. Family family previous to the family previous to the Sec. 42
reputation or tradition controversy, in controversy, in provides that a
regarding pedigree respect to the respect to the member of the
pedigree of any one pedigree of any one family by
of its members, may of its members, may adoption may
be received in be received in testify about
evidence if the evidence if the family
witness testifying witness testifying reputation or
thereon be also a thereon be also a tradition
member of the member of the family, regarding
family, either by either by pedigree
consanguinity or consanguinity,
affinity. Entries in affinity, or adoption.
family bibles or other Entries in family
family books or bibles or other family
charts, engraving on books or charts,
rings, family portraits engraving on rings,
and the like, may be family portraits and
received as evidence the like, may be
of pedigree. received as evidence
of pedigree.

6. Exceptions To The Common reputation Common reputation  The

Hearsay Rule existing previous to existing previous to amendment in
Sec. 43. Common the controversy, the controversy, as to the first
reputation respecting facts of boundaries of or sentence of
public or general customs affecting Sec. 43
interest more than lands in the involves
thirty years old, or community and common
respecting marriage reputation as to reputation,
or moral character, events of general existing
may be given in history important to previous to the
evidence. Monuments the community, or controversy,
and inscriptions in respecting marriage regarding
public places may be or moral character, boundaries of
received as evidence may be given in or customs
of common evidence. Monuments affecting
reputation. and inscriptions in lands, as well
public places may be as reputation
received as evidence as to events of
of common general history
 reputation. important to
the
community,
among others,
may be given
in evidence

6. Exceptions To The Statements made by a Statements made by a  The

Hearsay Rule person while a person while a amendment to
Sec. 44. Part of the res startling occurrence is startling occurrence is the first
gestae taking place or taking place or sentence of
immediately prior or immediately prior or Sec. 44 gives
subsequent thereto subsequent thereto, emphasis to
with respect to the under the stress of the fact that
circumstances excitement caused the
thereof, may be given by the occurrence “statements
in evidence as part of with respect to the made by a
the res gestae. So, circumstances person while a
also, statements thereof, may be given startling
accompanying an in evidence as part of occurrence is
equivocal act material the res gestae. So, taking place”,
to the issue, and also, statements should be
giving it a legal accompanying an “under the
significance, may be equivocal act material stress of
received as part of the to the issue, and excitement
res gestae. giving it a legal caused by the
significance, may be occurrence”
received as part of the
res gestae.

6. Exceptions To The Entries made at, or A memorandum,  Sec. 45

Hearsay Rule near the time of report, record or completely
Sec. 45. Records of transactions to which data compilation of amended the
regularly conducted they refer, by a acts, events, old Sec. 43
business activity person deceased or conditions, opinions (Entries in the
unable to testify, who or diagnoses, made course of
was in a position to by writing, typing, business)
know the facts therein electronic, optical or  This section
stated, may be other similar means provides that a
received as prima at or near the time memorandum,
facie evidence, if of or from report, record
such person made the transmission or or data
entries in his supply of compilation of
professional capacity information by a acts, events,
or I the performance person with conditions,
of duty and in the knowledge thereof, opinions or
ordinary or regular and kept in the diagnoses,
course of business. regular course or made by
(old Sec. 43, Rule conduct of a writing,
130) business activity, typing,
and such was the electronic,
regular practice to optical or
make the other similar
memorandum, means that are
report, record, or “kept in the
 data compilation by regular course
electronic, optical or or conduct of a
similar means, all of business
which are shown by activity”, and
the testimony of the this was the
custodian or other regular
qualified witnesses, practice as
is excepted from the shown by the
rule on hearsay testimony of
evidence. the custodian
of said items,
is excepted
from the rule
on hearsay
evidence

6. Exceptions To The NO ORIGINAL A statement not  Sec. 50 is a

Hearsay Rule PROVISION specifically covered new provision.
Sec. 50. Residual by any of the  The
exception foregoing amendment
exceptions, having recognizes
equivalent other
circumstantial statements that
guarantees of may be
trustworthiness, is excepted from
admissible if the the hearsay
court determines evidence rule
that (a) the that may not
statement is offered have been
as evidence of a specifically
material fact; (b) the covered by
statement is more Secs. 38 to 49,
probative on the that have
point for which it is equivalent
offered than any circumstantial
other evidence guarantees of
which the proponent trustworthines
can procure through s
reasonable efforts;  It is like a
and (c) the general “catch all”
purposes of these exception to
rules and the the hearsay
interests of justice rule
will be best served  Such may be
by admission of the admissible if
statement into the court
evidence. 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
therules and
the interest of
justice

However, a  However,
statement may not before
be admitted under invoking the
this exception unless exception
the proponent under this
makes known to the section, the
adverse party, proponent
sufficiently in must make
advance of the known to the
hearing or by the adverse party
pre-trial stage in the in advance of
case of a trial of the the hearing or
main case, to by the pre-trial
provide the adverse stage, the
party with a fair proponent’s
opportunity to intention to
prepare to meet it, offer such
the proponent’s statement and
intention to offer the the particulars
statement and the thereof,
particulars of it, including the
including the name name and
and address of the address of the
declarant. declarant

7. Opinion Rule The opinion of a The opinion of a  The

Sec. 52. Opinion of witness on a matter witness on a matter amendment in
expert witness requiring special requiring special Sec. 52
knowledge, skill, knowledge, skill, requires that a
experience, or experience, training witness must
training which he is or education, which possess
shown to possess, he or she is shown to “education” on
may be received in possess, may be the matter that
evidence. received in evidence. he will be
testifying on
so that his
opinion may
be received in
evidence
 Another
amendment is
only gender-
 based.

8. Character (a) In Criminal Evidence of a  The

Evidence Cases person’s character amendment in
Sec. 54. Character (1) The accused may or a trait of Sec. 54 states,
evidence not generally prove his good moral character is not among others,
admissible; exceptions character which is admissible for the that an
pertinent to the moral purpose of proving evidence of a
trait involved in the action in conformity person’s
offense charged therewith on a character or a
(2) Unless in rebuttal, particular occasion, trait of
the prosecution may except: character is
not prove his bad (a) In Criminal not admissible
moral character Cases; to prove action
which is pertinent to (1) The character of in conformity
the moral trait the offended party therewith on a
involved in the may be proved if it particular
offense charged tends to establish in occasion,
(3) The good or bad any reasonable degree subject to
moral character of the the probability or exceptions
offended party may improbability of the  In criminal
be proved if it tends offense charged. cases, the new
to establish in any (2) The accused may item (1) is a
reasonable degree the prove his or her good re-wording of
probability or moral character, and largely
improbability of the pertinent to the moral taken from the
offense charged trait involved in the old item (3) of
offense charged Sec. 51 (now
However, the Sec. 54)
prosecution may not  Also, the new
prove his or her bad item (2) is a
moral unless on combination
rebuttal. of both the old
items (1) and
(2) of Sec. 51
(now Sec. 54)

8. Character (b) In Civil Cases (b) In Civil Cases  No

Evidence Evidence of the moral Evidence of the moral amendment
Sec. 54. Character character of a party in character of a party in with respect to
evidence not generally a civil case is a civil case is the item
admissible; exceptions admissible only when admissible only when involving
– cont. pertinent to the issue pertinent to the issue Civil Cases
of character involved of character involved
in the case. in the case.
(c) In the case (c) In Criminal and
provided for in Rule Civil Cases  Item (c) for
132, Section 14 Evidence of the good both “Criminal
(Evidence of good character of a and Civil
character of witness) witness is not Cases” is a
admissible until such new provision
character has been and
impeached. completely
In all cases in which amends the old
evidence of item (c)
 character or a trait  The
of character of a amendment in
person is admissible, item (c)
proof may be made provides that,
by testimony as to among
reputation or by others, ,
testimony in the “character
form of an opinion. evidence” is
On cross- admissible
examination, inquiry only if the
is allowable into witness is
relevant specific impeached.
instances of conduct.  Also, in all
In cases in which cases in which
character or a trait character
of character of a evidence or a
person is an essential trait thereof is
element of a charge, admissible,
claim or defense, proof thereof
proof may also be may be made
made of specific by testimony
instances of that as to
person’s conduct. reputation or
by testimony
in the form of
an opinion.
 During cross-
examination,
an inquiry into
relevant
specific
instances of
conduct is
allowed
 In cases in
which
character or a
trait of
character of a
person is an
essential
element of a
charge, claim
or defense,
proof thereof
may be of
specific
instances of
that person’s
conduct

Sec. 1. Burden of Burden of proof is the Burden of proof is the  The

proof and burden of duty of a party to duty of a party to amendment in
evidence present evidence on present evidence on the first
facts in issue facts in issue paragraph of
necessary to establish necessary to establish Sec. 1 is the
 his claim or defense his or her claim or statement that
by the amount of defense by the “burden of
evidence required by amount of evidence proof never
law. required by law. shifts”, as
Burden of proof compared to
never shifts. “burden of
Burden of evidence evidence”
is the duty of a party  The second
to present evidence paragraph of
sufficient to Sec. 1 is a new
establish or rebut a provision. This
fact in issue to is the reason
establish a prima why Sec. 1 is
facie case. Burden of included in its
evidence may shift title.
from one party to  Burden of
the other in the evidence is
course of the defined as the
proceedings, duty of a party
depending on the to present
exigencies of the evidence
case. sufficient to
establish or
rebut a fact in
issue to
establish a
prima facie
case.
 Also, burden
of evidence
may shift from
one party to
another in the
course of the
proceedings..

Sec. 5. Presumption NO ORIGINAL In all civil actions  Sec. 5 is a new

in civil actions and PROVISION and proceedings not provision.
proceedings otherwise provided  The
for by the law or amendment
these Rules, a provides that
presumption in all civil
imposes on the party action and
against whom it is other
directed the burden proceedings, a
of going forward presumption is
with evidence to imposed upon
rebut or meet the a party against
presumption. whom a
presumption it
is directed the
burden of
going forward
with evidence
to rebut or
meet the
 presumption.

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

Sec. 6. Presumption NO ORIGINAL If a presumed fact  Sec. 6 is a new

against an accused in PROVISION that establishes guilt provision.
criminal cases is an element of the  It pertains to a
offense charged, or presumed fact
negates a defense, that
the existence of the establishes
basic fact must be guilt and
proved beyond which is an
reasonable doubt element of the
and the presumed offense
fact follows from the charge, then
basic fact beyond the existence
reasonable doubt. of the basic
fact must be
proved beyond
reasonable
doubt while
the presumed
fact follows
from the basic
fact beyond
reasonable
doubt.

A. EXAMINATION NO ORIGNAL For the purpose of  Sec. 12 is a

OF WITNESSES PROVISION impeaching a new provision.
Sec. 12. Impeachment witness, evidence  The
by evidence of that he or she has amendment
conviction of crime been convicted by provides that
final judgment of a impeaching a
crime shall be witness
admitted if (a) the through
crime was evidence of
punishable by a conviction by
penalty in excess of final judgment
one year; or (b) the is admitted
crime involved provided the
 moral turpitude, penalty
regardless of the imposed is
penalty. imprisonment
of more than
one year or the
crime involved
moral
turpitude,
regardless of
the penalty.

 If the
However, evidence conviction has
of a conviction is not been the
admissible if the subject of an
conviction has been amnesty or
the subject of an annulment of
amnesty or conviction,
annulment of then evidence
conviction. of prior
conviction
cannot be used

Sec. 15. Exclusion and On any trial or The court, motu  The
separation of hearing, the judge proprio or upon amendment in
witnesses may exclude from the motion, shall order the first
court any witness not witnesses excluded sentence of
at the time under so that they cannot Sec. 15 allows
examination, so that hear the testimony of the judge to
he may not hear the other witnesses. This exclude a
testimony of the other rules does not witness, motu
witnesses. The judge authorize exclusion proprio or
may also cause of (a) a party who is upon motion
witnesses to be a natural person, (b)  The second
separate and to be a duly designated sentence of
prevented from representative of a Sec. 15 is a
conversing with one juridical entity new provision.
another until all shall which is a party to  The
have been examined. the case, (c) a person amendment
whose presence is provides the
essential to the grounds for
presentation of the not
party’s cause, or (d) authorizing the
a person authorized exclusion of a
by a statute to be witness who
present. is: (a) a natural
person, (b) a
person duly
designated
representative
of a juridical
entity party to
the case, (c)
one whose
presence is
 essential to the
presentation of
the party’s
cause, or (d) a
person
authorized by
statute to be
present at the
trial or
hearing.

The court may also  The second

cause witnesses to be paragraph of
kept separate and to Sec. 15 allows
be prevented from the court to
conversing with one keep separate
another, directly or the witnesses
through and prevent
intermediaries, until them to
all shall have been converse with
examined. one another,
directly or
through
intermediaries,
until all shall
have been
examined

B. For the purpose of For the purpose of  There is no

AUTHENTICATION their presentation in their presentation in amendment in
AND PROOF OF evidence, documents evidence, documents the first
DOCUMENTS are either public or are either public or paragraph of
Sec. 19. Classes of private. private. Sec. 19.
documents  The
Public documents are: Public documents are: amendment in
(a) xxx xxx xxx (a) xxx the second
(b) xxx xxx xxx and (b) xxx paragraph of
(c) xxx xxx xxx (c) Documents that Sec. 19,
are considered involves the
public documents insertion of
under treaties and item (c)
conventions which wherein
are in force between treaties and
the Philippines and conventions
the country of which are in
source; and force between
(d) xxx the Philippines
and the
country of
All other writings are All other writings are source being
private. private. considered are
also
considered as
public
 documents
 No
amendment in
the third
paragraph of
Sec. 19

B. Before any private Before any private  The

AUTHENTICATION document offered as document offered as amendment in
AND PROOF OF authentic is received authentic is received Sec.20
DOCUMENTS in evidence, its due in evidence, its due pertains to a
Sec. 20. Proof of execution and execution and third means to
private documents authenticity must be authenticity must be prove the due
proved either: proved by any of the execution and
(a) By anyone who following means: authenticity of
saw the document (a) By anyone who a private
executed or written; saw the document document, i.e.,
or executed or written; by “other
(b) By evidence of (b) By evidence of the evidence
the genuineness of the genuineness of the showing its
signature or signature or due execution
handwriting of the handwriting of the and
maker. maker; or authenticity”,
(c) By other evidence aside from by
Any other private showing its due anyone who
document need only execution and saw it being
be identified as that authenticity. executed or
which it is claimed to proving the
be. Any other private genuineness of
document need only the signature
be identified as that or handwriting
which it is claimed to of the maker
be.  No
amendment in
the second
paragraph of
Sec. 20.

B. The record of public The record of public  The

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

For documents  The

originating from a preliminary
foreign country sentence in the
which is not a third
contracting party to paragraph of
a treaty or Sec. 24 refers
convention referred to documents
to in the next originating
preceding sentence, from a foreign
the certificate may be country which
made by a secretary is not a
of the embassy or contracting to
legation, consul a treaty or
general, consul, vice- convention
consul, or consular involving the
agent or by any Philippines, in
officer in the foreign which case the
service of the certificate may
Philippines stationed be made by a
in the foreign country secretary of
in which the record is the embassy or
kept, and legation,
authenticated by the consul general,
 seal of his office. 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,
authenticated
by the seal of
the office

NO ORIGINAL A document that is  The fourth

PROVISION accompanied by a paragraph of
certificate or its Sec. 24 is a
equivalent may be new provision.
presented in  The
evidence without amendment
further proof, the pertains to a
certificate or its document
equivalent being already
prima facie evidence accompanied
of the due execution by a certificate
and genuineness of or its
the document equivalent
involved. The which needs
certificate shall not no more proof,
be required when a since the
treaty or convention certificate or
between a foreign its equivalent
country and the is prima facie
Philippines has evidence of its
abolished the due execution
requirement, or has and
exempted the genuineness.
document itself from  Also, a
this formality. certificate is
no longer
required if the
treaty or
convention
between the
Philippines
and a foreign
country has
abolished such
requirement or
exempted the
document
itself from
such formality.
C. OFFER AND As regards the All evidence must be  The
OBJECTION testimony of a offered orally. amendment in
Sec. 35. When to make witness, the offer Sec. 35, for
offer must be made at the The offer of the one, requires
time the witness is testimony of a all evidence to
called to testify. witness in evidence be offered
Documentary and must be made at the ORALLY.
object evidence shall time the witness is  Also, the
be offered after the called to testify. amendment
presentation of a gives
party’s testimonial The offer of emphasis on
evidence. Such offer documentary and when
shall be done orally object evidence shall testimonial
unless allowed by the be made after the evidence
court to be done in presentation of a should be
writing. party’s testimonial offered, which
evidence. is at the time
the witness is
called to
testify.
 As to
documentary
or object
evidence, the
offer should be
made after
presentation of
a party’s
testimonial
evidence.

C. OFFER AND Objection to evidence Objection to offer of  The

OBJECTION offered orally must be evidence must be amendment in
Sec. 36. Objection made immediately made orally Sec. 36
after the offer is immediately after the requires all
made. offer is made. objections to
offer of
Objection to a Objection to the evidence to be
question propounded testimony of a done
in the course of the witness for lack of a ORALLY.
oral examination of a formal offer must be  Also, an
witness shall be made made as soon as the objection to a
as soon as the witness begins to testimony of a
grounds therefor testify. Objection to a witness for
become reasonably question propounded lack of a
apparent. in the course of the formal offer
oral examination of a must be made
An offer of evidence witness must be made as soon as the
in writing shall be as soon as the witness begins
objected to within grounds therefor to testify.
three (3) days after become reasonably  Objection to a
notice unless a apparent. question
different period is propounded
allowed by the court. during the trial
 must be made
as soon as the
grounds
therefor
become
reasonably
apparent.
 Further, no
more offer of
evidence in
writing is
allowed as the
third
paragraph of
Sec. 36 was
deleted.

Sec. 4. Circumstantial Circumstantial Circumstantial  There is no

evidence, when evidence is sufficient evidence is sufficient amendment in
sufficient for conviction if: for conviction if: the first
(a) There is more than (a) There is more than paragraph of
one circumstance; one circumstance; Sec. 4.
(b) The facts from (b) The facts from  The
which the inferences which the inferences amendment in
are derived are are derived are the second
proven; and proven; and paragraph of
(c) The combination (c) The combination Sec. 4, which
of all the of all the is a new
circumstances is such circumstances is such provision,
as to produce a as to produce a stresses that
conviction beyond conviction beyond inferences
reasonable doubt. reasonable doubt. cannot be
Inferences cannot be based on other
based on other inferences.
inferences