AMENDMENTS TO THE 1997 RULES OF CIVIL PROCEDURE, BY ATTY.

OCJ

AMENDMENTS TO THE 1997 RULES OF CIVIL

PROCEDURE: NOTABLE AND BASIC CHANGES THAT EVERY LAWYER NEEDS TO
KNOW, AN ELEMENTARY APPROACH
by Atty. Oliver Cachapero, Jr.

What are the obvious and basic changes?

The entirety of the Rules is now gender inclusive.

No need to debate whether it’s working or calendar days.

All periods are now qualified to calendar days.

When will the court allow the filing of a Reply?

A Reply is allowed only if the defending party attaches an actionable
document to the Answer.

What’s the effect if no Reply has been filed despite the

Answer attaches an actionable document?
Failure to file a Reply to an Answer which attaches an actionable document
results in the admission of the genuineness and due execution of the said
actionable document.

Can the defendant file a Rejoinder?

A defendant may file a Rejoinder if the same is based solely on an
actionable document.

What does the signature of the counsel imply?

Signature by the counsel certifies that he has read not just the pleading
but the documents attached to it as well, and that:
a.) it is not being presented for any improper purpose, such as to harass,
cause unnecessary delay, or needlessly increase the cost of litigation;
b.) the claims, defenses, and other legal contentions are warranted by
existing law or jurisprudence, or by a non frivolous argument for
extending, modifying, or reversing existing jurisprudence;
c.) the factual contentions have evidentiary support or, if specifically so
identified, will likely have evidentiary support after availment of the modes
of discovery under these rules; and
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 AMENDMENTS TO THE 1997 RULES OF CIVIL PROCEDURE, BY ATTY. OCJ

d.) the denials of factual contentions are warranted on the evidence or, if
specifically so identified, are reasonably based on belief or a lack of
information.

What is the consequence if the counsel signs but

violates/retracts what he certifies?
Any violation on this rule may subject the lawyer, law firm, or party to
appropriate sanction or referral to the proper office for disciplinary action.
Law firm may be held jointly and severally liable with the lawyer.

Who verifies the pleading?

A pleading must be verified by the party or someone authorized by the
party. Such authorization must be attached to the pleading.

What does such verification imply?

The one verifying is not just intimating that he has read the pleading and
that the allegations are true and correct but likewise verifies that it is not
frivolous and it is with evidentiary support.

What should now be included/attached to the pleading?

All pleadings stating a claim or defense must also include:
a.) name of witnesses;
b.) summary of witness’ testimonies (the judicial affidavit must
already be attached);
c.) documentary and object evidence.

What should be included if a party pleads a judgment or

decision?
In pleading a judgment or decision of a domestic or foreign court, an
authenticated copy of the said judgment or decision must be attached.

What affirmative defenses are allowed to be raised in the

Answer?
Affirmative defenses shall be raised in the Answer which shall be limited to
the following grounds:
a.) the court has no jurisdiction over the person of the defending party;
b.) venue is improperly laid;
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 AMENDMENTS TO THE 1997 RULES OF CIVIL PROCEDURE, BY ATTY. OCJ

c.) plaintiff has no legal capacity to sue;

d.) no cause of action;
e.) condition precedent has not been complied with.

What is the period for the court to resolve these

affirmative defenses?
The court will have 30 calendar days to resolve the same.

What if the ones raised are denied, what’s the remedy?

If any of these grounds is denied, the denial can no longer be subject to
MR, certiorari or mandamus, but can be raised on appeal after judgment
on the merits.

Revised periods:
➢ Period to file an Answer of a defendant foreign private juridical entity is
increased from 30 to 60 calendar days after receipt of summons.
➢ Period to file an Answer to an amended complaint which was filed as a
matter of right is increased from 15 to 30 calendar days after being
served of a copy; increased from 10 to 15 calendar days from notice of
order admitting the same if amended complaint was filed not as a
matter of right.
➢ Period to file an Answer to a cross-claim or counterclaim is increased
from 10 to 20 calendar days from service.
➢ Period to file a Reply is increased from 10 to 15 calendar days from
service of the pleading responded to.
➢ Period to file an Answer to a supplemental complaint is increased from
10 to 20 calendar days from notice of order admitting the same.

Can a defendant move for an extension of time to file

Answer?
A defendant may be allowed once only for an extension of time to file an
Answer for a period of 30 calendar days. Motion for extension to file a
pleading other than answer is a mere scrap of paper.

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Who should you serve the pleading to, counsel or the

party?
If a party has appeared with counsel, the general rule is that service of
pleading or other court submissions shall be made upon the counsel. The
exception is if the court orders that service be made upon the counsel and
the party.

How many copies should you furnish if the counsel is

representing several clients?
A counsel representing several clients shall only be entitled one copy of the
pleading or other court submissions.

What are the new manners of filing a pleading and other

court submissions to court?
a.) personal submission to the court of the original copy;
b.) by registered mail;
c.) by accredited courier;
d.) by e-mail or other electronic means as authorized by the court,
but only when the court is electronically equipped.

Under these manners of filing, what to consider in

determining the date of filing?
a.) if personally submitted, the date stamped on the pleading;
b.) if by registered mail or accredited courier, the date of mailing as shown
by the post office stamp on the envelope of the registry receipt. Said
envelope must be attached to the record of the case;
c.) if by e-mail or other electronic means, the date of electronic
transmission.

What are the new manners of serving pleadings and other

court submissions to the other party?
Manners of service of pleadings and other court submissions:
a.) personal service;
b.) registered mail;
c.) accredited courier;

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d.) e-mail, fax, other electronic means as may be authorized by

the courts;
e.) service as provided for in international conventions to which the
Philippines is a party.

Can a pleading be now served to someone other than the

party or counsel?
Under personal service of pleading, service can now be made not just to
the party or counsel but also to an authorized representative named
in the pleading or motion.

When can service to other party by e-mail, fax or other

electronic means be allowed?
Service by e-mail, fax, or other electronic means may be allowed if both
parties gave their consent.

What is the concept of Presumptive Service/Notice?

Presumptive service is a new concept. Under this, there is a presumptive
notice to a party if such notice appears on the records to have been mailed
at least 20 calendar days prior to the scheduled date of hearing and if the
addressee is within the same judicial region; at least 30 calendar days if
addressee is outside the judicial region.

Under the manners of service of pleadings to the other

party, should personal service be resorted to first before
other manners can be had?
The rule that service of pleadings be done personally first is now deleted.
Any of the manners of service of pleadings and other court submissions
may be done at the pleasure of the parties, provided it is allowed by these
Rules.

Rule when a party changes his e-mail or fax number.

A party who changes his e-mail or fax number while the case is pending
must notify the court and the other party within 5 calendar days from such
change.

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What should be entered under the subject of the e-mail or

fax?
The subject of e-mail or fax must follow the same format of the physical
document.

Rule on the service of judgments, decisions or resolutions

to the parties.
Service of judgments, decisions or resolutions must be done personally or
by registered mail. However, upon ex parte motion of any party, the same
may be delivered by accredited courier at the expense of the requesting
party.

Are there documents that are required to be filed or

served personally or by registered mail?
The following must be filed or served personally or by registered mail:
a.) initiatory pleadings and initial responsive pleadings;
b.) subpoena, protection orders, writs;
c.) appendixes and exhibits not readily compatible to electronic scanning;
d.) sealed and confidential documents and record.
The only exception is when permitted by the court, other means can be
resorted to.

When is service of pleadings to the other party

considered complete?
a.) if by courier, either by actual receipt of the addressee, at least 2
attempts to deliver, or upon the expiration of 5 calendar days after the first
delivery, whichever is earlier;
b.) if by e-mail or other electronic means, upon the time of electronic
transmission, or whenever the notification of service of the document is
sent, unless the sender learns that it did not reach the recipient.
c.) if by fax, at the time it is received by the other party as indicated on the
printout.

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What are the proofs of filing of pleadings and other court

submissions to court?
a.) If filing was done by an accredited courier, there must be an affidavit of
service by the person who brought the pleading together with the OR and
tracking number;
b.) If filing was done by e-mail or other electronic means, there must be an
affidavit of electronic filing accompanied by a printout of the document;
c.) if done by fax, there must be an affidavit of service by the person who
sent the fax accompanied by a printed proof of transmittal.

Can court-issued orders and other documents be served

to parties electronically?
Yes, court-issued orders and other documents may now be served to
parties electronically.

Can plaintiff serve summons now?

Plaintiff may now be authorized to serve summons upon:
a.) ex parte motion;
b.) failure of the sheriff or other court officers to serve summons;
c.) or where summons is to be served outside the judicial region.

What’s the rule if the plaintiff serving summons is a

juridical entity?
If the plaintiff is a juridical entity, a representative can be authorized
evidenced by a secretary’s certificate or board resolution.

What if the plaintiff made misrepresentations as to the

service of summons to the defendant?
In cases of misrepresentation as to service of summons by the plaintiff or
its representative, it shall be a ground for the dismissal of the case
with prejudice and appropriate sanctions on the erring party.

How to serve summons in person?

By handing a copy to the defendant, and if he refuses to receive, by
leaving the summons within the view and in the presence of the
defendant.

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What is the new rule on substituted service?

If defendant cannot be served after 3 attempts on 2 separate dates, the
following can be done:
a.) leave a copy of the summons at defendant’s residence to a person
residing therein at least 18 years old and of sufficient discretion;
b.) if refused entry after making his authority and purpose known, leave
summons with any of the officers of the homeowner’s association
or condominium corporation, or its chief security officer in charge
of the place where defendant may be found;
c.) by sending email to the defendant, if allowed by the court.

Rule on service of summons on spouses.

If spouses are sued jointly, service of summons must be made to each
spouse individually.

Rule on service of summons upon domestic private

juridical entity.
It must be made on the president, managing partner, general manager,
corporate secretary, treasurer, or in-house counsel of the corporation
wherever they may be found, or in their absence or unavailability, to their
secretaries. In default of all of the above, to a person who
customarily receives for the defendant at its principal office. If the
domestic juridical entity is under receivership or liquidation, to the receiver
or liquidator.

Can summons be made via e-mail?

If there is a refusal to receive summons despite 3 attempts on 2 separate
dates, service may now be done through e-mail, but only if allowed by
court.

What can the court do if a counsel is appearing for his

client and questioning the propriety of the service of
summons?
If summons is improperly served but counsel of the defendant appeared in
court to question the validity of service of summons, court shall deputize
the counsel to serve summons to his client.

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Rule on service of summons to foreign juridical entity not

registered in the Philippines and with no resident agent
but has transacted or doing business in the Philippines.
a.) publication once in a newspaper of general circulation in the country
where the corporation is found, and serving a copy of the summons and
the court order by registered mail to the last known address of the
defendant;
b.) by fax;
c.) by electronic means with prescribed proof of service;
d.) such other means as the court may direct.

Rule on service of summons upon a defendant whose

identity or whereabouts are unknown and cannot be
ascertained by diligent inquiry.
Service may be, by leave of court, and within 90 calendar days from
commencement of action, effected by publication in a newspaper of
general circulation in such place or time ordered by the court

Rule on motions made in open court.

A motion made in open court must immediately be resolved, after the
opposing party is given the opportunity to argue his opposition.

Rule on non-litigious motions.

Non-litigious motions need not be set for hearing and must be resolved by
the court within 5 days from receipt. Enumeration of these motions is in
Rule 15, Section 4.

Rule on litigious motions.

Litigious motions on the other hand are enumerated in Section 5.
Opposition to such motion may be submitted within 5 days from receipt,
then no other submissions shall be allowed. The court has 15 days to
resolve. Conduct of hearing is discretionary on the part of the court.

What are the new prohibited motions?

Prohibited motions are enumerated in Rule 15, Section 12. These are:
a.) motion to hear affirmative defenses;

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b.) motion for reconsideration of the court’s action on the affirmative

defenses;
c.) Motion to suspend proceedings without a temporary restraining order or
injunction issued by a higher court;
d.) motion for extension of time to file pleadings, affidavits or any
other papers, except a motion for extension to file an answer as provided
by Section 11, Rule 11; and
e.) motion for postponement intended for delay, except if it is based on
acts of God, force majeure or physical inability of the witness to appear
and testify.

What are the new grounds for Motion to Dismiss?

Motion to dismiss shall no longer be allowed except on the following
grounds:
a.) that the court has no jurisdiction over the subject matter of the claim;
b.) that there is another action pending between the same parties for the
same cause; and
c.) that the cause of action is barred by a prior judgment or by the statute
of limitations.
The court has 15 calendar days to resolve the same.

Who has now the duty to set pre-trial?

Setting of pre-trial is now the duty of the clerk of court.

What are the new matters to be considered during pre-

trial?
a.) the limitation of the number and identification of witnesses and the
setting of trial dates;
b.) mark their respective evidence if not yet marked in the judicial
affidavits of their witnesses;
c.) Examine and make comparisons of the adverse parties' evidence vis-a-
vis the copies to be marked;
d.) Manifest for the record stipulations regarding the faithfulness of the
reproductions and the genuineness and due execution of the adverse
parties' evidence;
e.) reserve evidence not available at the pre-trial: but only in the following
manner:

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i.) For testimonial evidence, by giving the name or position and the
nature of the testimony of the proposed witness;
ii.) For documentary evidence and other object evidence, by giving a
particular description of the evidence.

Whose appearance is required during pre-trial?

The appearance of the party and counsel in pre-trial is required.

Rules on court-annexed mediation and JDR.

Court-annexed mediation shall not exceed 30 days, without further
extension. JDR may be resorted to thereafter upon the discretion of the
court, which should not exceed 15 days from notice of failure of court-
annexed mediation.

What are the contents of the pre-trial brief?

Contents of pre-trial brief are found in Rule 18, Section 6.

Consequence of asking for the postponement of the trial.

A party may ask for postponement of trial. However, under the new Rules,
the party who caused the postponement is warned that the presentation of
its evidence must still be terminated on the remaining dates previously
agreed upon.

Rule on hearings.
Hearings shall be held exactly at 8:30 AM and 2:00 PM from Mondays
to Thursdays, while motions shall be heard on Fridays.

What stages of trial are now to be done orally?

The offer of evidence, the comment or objection thereto, and the court
ruling shall be made orally.

Rule on demurrer to evidence.

Demurrer to evidence is a litigious motion. Order denying it shall not be
subject to appeal, certiorari, prohibition or mandamus before judgment.

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New rule on the presentation of a duplicate of an original.

Presentation of a duplicate of an original is now admissible as an original
unless:
a.) a genuine question is raised as to the authenticity of the original; or
b.) it is unjust or inequitable under the circumstances to admit the
duplicate in lieu of the original

When is its effectivity?

It affects cases filed after 1 May 2020. However, it may likewise apply to
those already pending cases except when the court determines that its
application would not be feasible or would work injustice.

----------------
*This is just the work of one lawyer who is locked down at home. It is still highly advisable that
the full text of the Revised Rules be read as a supplement.
*Those in bold and italics, in the opinion of the author, are matters that need to be given more
emphasis since these are drastic changes.

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 AMENDMENTS TO THE REVISED RULES ON EVIDENCE, BY ATTY. OCJ

AMENDMENTS TO THE REVISED RULES ON EVIDENCE:

NOTABLE AND BASIC CHANGES THAT EVERY LAWYER NEEDS TO KNOW, AN
ELEMENTARY APPROACH
by Atty. Oliver Cachapero, Jr.

When can the court or a party initiate hearing on the

propriety of taking judicial notice?
Not just during the trial this time but the same can already be had
during the pre-trial.

How could it be initiated?

It could either be the court motu proprio or upon motion of the party.

Is there other instance where hearing on judicial notice

can be had aside from the one discussed above?
Yes. After the trial, but 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 but only if such matter is decisive of a material
issue in the case.

What is the new definition of Documentary Evidence?

Documents as evidence consist of:
a.) writings;
b.) recordings;
c.) photographs; or
d.) any material containing letters, words, sounds, numbers, figures,
symbols, or their equivalent,
e.) or other modes of written expression offered as proof of their contents.

How did the new Rules define photographs?

Photographs include still pictures, drawings, stored images, x-ray films,
motion pictures or videos. The list, however, is not exclusive.

Is the term “Best Evidence Rule” still applicable?

No more. The proper term that should be used is “Original Document
Rule.”
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What are the new exceptions to the rule that the original
documents must be produced?
a.) When the original is lost or destroyed, or cannot be produced in court,
without bad faith on the part of the offeror;
b.) When the original is in the custody or under the control of the party
against whom the evidence is offered, and the latter fails to produce it
after reasonable notice, or the original cannot be obtained by judicial
processes or procedure;
c.) When the original consists of numerous accounts or other documents
which cannot be examined in court without great loss of time and the fact
sought to be established from them is only the general result of the whole;
d.) When the original is a public record in the custody of a public officer or
is recorded in a public office.
e.) When the original is not closely-related to a controlling issue.

How is “original of document” defined now?

An “original” of a document is the document itself or any counterpart
intended to have the same effect by a person executing or issuing it.

How about original of a photograph?

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.”

How is “duplicate” defined?

A “duplicate” is a counterpart produced by the same impression as the
original, or from the same matrix, or by means of photography, including
enlargements and miniatures, or by mechanical or electronic re-recording,
or by chemical reproduction, or by other equivalent techniques which
accurately reproduce the original.

Is a duplicate admissible to the same extent as an

original?
Yes. However, the rule is not absolute. A duplicate will not be admissible as
an original if:
a.) a genuine question is raised as to the authenticity of the original; or
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b.) in the circumstances, it is unjust or inequitable to admit the duplicate in

lieu of the original.

What can be resorted to if evidence is voluminous and

cannot be examined in court without great loss of time,
considering that 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.

As far as voluminous pieces of evidence are concerned,

what is the rule on the examination and copying of the
originals?
The originals shall be available for examination or copying, or both, by the
adverse party at a reasonable time and place. They need not be produced
in court unless it is ordered otherwise by the court.

Under the Parol Evidence Rule, when can a party present

further evidence to modify, explain, or add to the terms of
the written agreement?
Under the new Rules, only if he or she puts in issue in a verified
pleading those matters mentioned in Rule 130, Section 10.

Can a person who is suffering from mental incapacity or

immaturity testify in court?
Yes under the new Rules. Mental retardation per se does not affect
credibility if the testimony is coherent.

What is the new rule on privileged communication

involving attorney-client relationship?
The prohibition does not apply to an attorney only. Under the new Rules,
the prohibition is now applicable to a person reasonably believed by
the client to be licensed to engage in the practice of law. Likewise,
the prohibition extends not just to the attorney’s secretary, stenographer
or clerk but also to other persons assisting the attorney.

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Is the rule stated above absolute?

No, the following are the exceptions to the attorney-client privilege:
a.) Furtherance of crime or fraud. If the services or advice of the lawyer
were sought or obtained to enable or aid anyone to commit or plan to
commit what the client knew or reasonably should have known to be a
crime or fraud;
b.) Claimants through the same deceased client. As to a communication
relevant to an issue between parties who claim through the same deceased
client, regardless of whether the claims are by testate or intestate or by
inter vivos transaction;
c.) Breach of duty by lawyer or client. As to a communication relevant to
an issue of breach of duty by the lawyer to his or her client, or by the client
to his or her lawyer;
d.) Document attested by the lawyer. As to a communication relevant to an
issue concerning an attested document to which the lawyer is an attesting
witness; or
e.) 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.

What is the new rule on physician-patient privilege?

Aside from a physician, a psychotherapist or a person reasonably
believed by the patient to be authorized to practice medicine or
psychotherapy is covered by the prohibition. This extends 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.

Thus, the rule states that these people cannot in a civil case, without the
consent of the patient, be examined as to any confidential communication
made for the purpose of diagnosis or treatment of the patient’s physical,
mental or emotional condition, including alcohol or drug addiction,
between the patient and his or her physician or psychotherapist.

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Who is a psychotherapist?
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.

What is the new rule on priest-penitent privilege?

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

What is the new rule on privileged communication

involving public officers?
A public officer cannot be examined during or after his or her tenure as
to communications made to him or her in official confidence, when the
court finds that the public interest would suffer by the disclosure. The
communication shall remain privileged, even in the hands of a
third person who may have obtained the information, provided
that the original parties to the communication took reasonable
precaution to protect its confidentiality.

What’s the new rule on filial privilege?

No person shall be compelled to testify against his or her parents, other
direct ascendants, children or other direct descendants, except when
such testimony is indispensable in a crime against that person or
by one parent against the other.

Privilege relating to trade secrets is a new concept, what

is it?
Under this new concept, 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.

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What are now inadmissible in an offer of compromise?

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,
negativing a contention of undue delay, or proving an effort to
obstruct a criminal investigation of prosecution.

In criminal cases, a plea of guilty later withdrawn, or an unaccepted offer

of a plea of guilty to a lesser offense, is not admissible in evidence against
the accused who made the plea or offer. Neither is any statement
made in the course of plea bargaining with the prosecution, which
does not result in a plea of guilty or which results in a plea of
guilty later withdrawn, admissible.

What’s the new rule on admissibility involving a 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.

What’s the new rule on admissibility involving a co-

conspirator?
The act or declaration of a conspirator in furtherance of the conspiracy
and during its existence, may be given in evidence against the co-
conspirator after the conspiracy is shown by evidence other than such act
or declaration.

What’s the new rule on admissibility involving 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.

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How is “hearsay” defined now?

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.

When a statement is not considered hearsay?

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.

What’s the new rule on admissibility involving the

statement of a decedent or person of unsound mind?
If the testimony is on a matter of fact occurring before the death of the
deceased person or before the person became of unsound mind, any
statement of the deceased or the person of unsound mind, may be
received in evidence if the statement was made upon the personal
knowledge of the deceased or the person of unsound mind at a time when
the matter had been recently perceived by him or her and while his or her
recollection was clear. Such statement, however, is inadmissible if made
under circumstances indicating its lack of trustworthiness.

What’s the new rule on declaration against interest?

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.

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What’s the new rule on the 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.

Who can now validly testify on family reputation or

tradition regarding pedigree?
A member of the family, not just by consanguinity or affinity, but also by
adoption.

What are now the business entries that are exempted

from the rule on hearsay?
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 exempted
from the rule on hearsay evidence. There is no more requirement that
the entrant must be dead or unable to testify.

What’s the new rule on the admissibility of a testimony or

deposition given in a former case or 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.
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 AMENDMENTS TO THE REVISED RULES ON EVIDENCE, BY ATTY. OCJ

“Residual exception” is a new concept, what is it?

A statement not specifically covered by any of the foregoing exceptions
(referring to the exceptions to the rule on hearsay), 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.

What are the requisites before the residual exception can

be applied?
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.

As a rule, character evidence is not admissible. The

following are the new exceptions:
In Criminal Cases:
a.) The 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;
b.) The accused may prove his or her good moral character, pertinent to
the moral trait involved in the offense charged. However, the prosecution
may not prove his or her bad moral character unless on rebuttal.

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.

Page 9 of 14
 AMENDMENTS TO THE REVISED RULES ON EVIDENCE, BY ATTY. OCJ

In Criminal and Civil Cases:

Evidence of the good character of a witness is not admissible until such
character has been impeached.

In all cases in which evidence of character or a trait of character of a

person is admissible, proof may be made by testimony as to reputation or
by testimony in the form of an opinion. On cross-examination, inquiry is
allowable into relevant specific instances of conduct.

In cases in which character or a trait of character of a person is an

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

What is the new pronouncement on burden of proof?

According to the new Rules, burden of proof never shifts.

What is “burden of evidence” according to the new Rules?

Burden of evidence is the duty of a party to present evidence sufficient to
establish or rebut a fact in issue to establish a prima facie case.

Does burden of evidence shift?

Yes, burden of evidence may shift from one party to the other in the
course of the proceedings, depending on the exigencies of the case.

What’s the new rule on presumptions 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.

What’s the rule if the presumptions are inconsistent?

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.

Page 10 of 14
 AMENDMENTS TO THE REVISED RULES ON EVIDENCE, BY ATTY. OCJ

What’s the new rule on 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 reasonable doubt.

What now can be asked during the cross-examination?

The new Rules now uses the phrase “the witness may be cross-examined
by the adverse party on any relevant matter.” Thus, cross examination
questions need not be matters stated in the direct examination or
connected therewith.

What’s the new rule on impeaching a witness by evidence

of conviction or crime?
For the purpose of impeaching a witness, evidence that he or she has been
convicted by final judgment of a crime shall be admitted if (a) the crime
was punishable by a penalty in excess of one year; or (b) the crime
involved moral turpitude, regardless of the penalty. However, evidence of a
conviction is not admissible if the conviction has been the subject of an
amnesty or annulment of the conviction.

Who may be excluded or be ordered separated during a

trial or hearing?
The court, motu proprio or upon motion, shall order witnesses excluded so
that they cannot hear the testimony of other witnesses. 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.

Who cannot be excluded during a trial or hearing?

a.) a party who is a natural person;
b.) a duly designated representative of a juridical entity which is a party to
the case;
c.) a person whose presence is essential to the presentation of the party‘s
cause; and
d.) a person authorized by a statute to be present.
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 AMENDMENTS TO THE REVISED RULES ON EVIDENCE, BY ATTY. OCJ

What type of documents is added to the enumeration of

public documents?
Documents that are considered public documents under treaties and
conventions which are in force between the Philippines and the country of
source.

How to prove due execution and authenticity of private

document offered in evidence?
a.) By anyone who saw the document executed or written;
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. (By
adding item c, the list is no longer exclusive)

What’s the new rule on proving official records kept in a

foreign country?
If the office in which the record is kept is in a foreign country, which is a
contracting party to a treaty or convention to which the Philippines is also a
party, or considered a public document under such treaty or convention,
the certificate or its equivalent shall be in the form prescribed by such
treaty or convention subject to reciprocity granted to public documents
originating from the Philippines.

For documents originating from a foreign country which is not a

contracting party to a treaty or convention referred to in the next
preceding sentence, the certificate may be made by a secretary of the
embassy or legation, consul general, consul, vice-consul, or consular agent
or by any officer in the foreign service of the Philippines stationed in the
foreign country in which the record is kept, and authenticated by the seal
of his or her office.

A document that is accompanied by a certificate or its equivalent may be

presented in evidence without further proof, the certificate or its equivalent
being prima facie evidence of the due execution and genuineness of the
document involved. The certificate shall not be required when a treaty or
convention between a foreign country and the Philippines has abolished
the requirement, or has exempted the document itself from this formality.
Page 12 of 14
 AMENDMENTS TO THE REVISED RULES ON EVIDENCE, BY ATTY. OCJ

What is the new rule on offering evidence?

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.

What’s the new rule on when objections should be made?

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. The grounds for the objections must be
specified.

What are the new grounds for striking out answers of the
witness?
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 question 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 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.

What is a new pronouncement as regards circumstancial

evidence?
Inferences cannot be based on other inferences.

What are to be considered when giving weight to the

opinion of expert witnesses?
In any case where the opinion of an expert witness is received in evidence,
the court has a wide latitude of discretion in determining the weight to be
given to such opinion, and for that purpose may consider the following:
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 AMENDMENTS TO THE REVISED RULES ON EVIDENCE, BY ATTY. OCJ

a.) Whether the opinion is based upon sufficient facts or data;

b.) Whether it is the product of reliable principles and methods;
c.) Whether the witness has applied the principles and methods reliably to
the facts of the case; and
d.) Such other factors as the court may deem helpful to make such
determination.

Page 14 of 14
 Page 1 of 7

The 2020 Rules on Remote Notarization

of Paper Documents
An Elementary Discussion by Atty OCJ

-o0o-

Which kinds of documents and instruments are covered?

Those documents and instruments with handwritten signatures or marks
through the use of videoconferencing facilities.

What documents/instruments are expressly not covered?

Notarial wills.

When can these Rules be applied?

When any of the following is present:
a.) The notary public resides, holds office, or situated in a locality which is
under community quarantine due to COVID-19;
b.) When the principal resides, holds office, or situated in a locality which
is under community quarantine due to COVID-19;
c.) If there are several principals, at least one principal resides, holds office,
or situated in a locality which is under community quarantine due to
COVID-19;
*The community quarantine should be pursuant to the directives of the IATF.
It includes ECQ, MECQ, GCQ, MGCQ.

What are the steps to be followed for the AKNOWLEDGMENT of the

documents/instruments?
1. The principal shall send the document to be acknowledged to the notary
public personally or via a private courier;
2. The document to be sent to the notary public should already be
complete and signed by the principal;
3. The document should be placed in a sealed envelope with the initials of
the principal;
4. In case of private courier, the principal shall provide the notary public
with the tracking details of the delivery;

Should the principal provide the notary public an identification card?

Yes, but only a photocopy of the ID.

What kind of identification card should be provided to the notary public?

A government-issued ID bearing the photograph and signature of the holder
of the said ID.

How many IDs should the principal provide?

If the principal is known to the notary public, one (1) ID will do. If not, two (2)
IDs should be provided.
 Page 2 of 7

What if the principal is acting only in a representative capacity, what are

the requisites?
1. The principal shall provide the notary public two (2) certified copies of
the document granting him the authority to sign in such capacity (i.e.
SPA);
2. In addition, the principal shall also provide the notary public two (2)
copies of the ID of the person granting such authority;
3. However, if the one granting such authority is a corporation, the
principal shall provide the notary public two (2) copies of the ID of the
corporate secretary or two (2) duplicate originals/certified true copies
of the relevant Board Resolution.

Should the principal show to the notary public the original documents
and IDs during the videoconference?
Yes, it is required. This is for examination and comparison purposes.

What else should the principal provide to the notary public?

A video clip of the principal actually signing the document to be
acknowledged. If there are witnesses, they must be shown in the said video
clip.

How can this video clip be provided to the notary public?

a. Burned on a CD;
b. Saved using a USB; or
c. Sent via E-mail

What should the notary public do upon receipt of the sealed envelope?
1. Schedule a videoconference with the principal;
2. During the videoconference:
a. Require the principal to confirm his identity;
b. Require the principal to confirm his location (thru geolocation or
showing identifiable landmarks or buildings);
c. Open the sealed envelope within the view of the principal and ask
the principal to confirm that the contents are the same
documents/instruments that were delivered to him;
d. To require the principal to affix his signature on a blank paper
within the notary public’s full view for purposes of comparison;
e. To require the principal to declare that the execution of the
document is the product of his free and voluntary act;

What if there are several principals in the videoconference, how could

they join the same?
The principals could join singly or as a group, provided that all of them should
comply individually with the rules stated above.

What if there is a person present who is not a principal?

The notary public should ask the purpose of his presence. If not needed, he
should be required to leave the vicinity.
 Page 3 of 7

What should the notary public do now after all of the said steps have
been complied with?
The notary public then shall complete the Notarial Certificate by:
a. Affixing his signature by hand;
b. Set his official seal;
c. State in the Notarial Certificate that the notarial act was done via
videoconference pursuant to these Rules.

What are the steps to be followed for the AFFIRMATION, OATH or JURAT
of the documents/instruments?
1. The principal shall send the document to be acknowledged to the notary
public personally or via a private courier;
2. The document to be sent to the notary public should already be
complete and signed by the principal;
3. The document should be placed in a sealed envelope with the initials of
the principal;
4. In case of private courier, the principal shall provide the notary public
with the tracking details of the delivery;

Should the principal provide the notary public an identification card?

Yes, but only a photocopy of the ID.

What kind of identification card should be provided to the notary public?

A government-issued ID bearing the photograph and signature of the holder
of the said ID.

How many IDs should the principal provide?

If the principal is known to the notary public, one (1) ID will do. If not, two (2)
IDs should be provided.

Should the principal show to the notary public the original documents
and IDs during the videoconference?
Yes, it is required. This is for examination and comparison purposes.

What else should the principal provide to the notary public?

A video clip of the principal actually signing the document to be
acknowledged. If there are witnesses, they must be shown in the said video
clip.

How can this video clip be provided to the notary public?

d. Burned on a CD;
e. Saved using a USB; or
f. Sent via E-mail

What should the notary public do upon receipt of the sealed envelope?
1. Schedule a videoconference with the principal;
2. During the videoconference:
a. Require the principal to confirm his identity;
 Page 4 of 7

b. Require the principal to confirm his location (thru geolocation or

showing identifiable landmarks or buildings);
c. Open the sealed envelope within the view of the principal and ask
the principal to confirm that the contents are the same
documents/instruments that were delivered to him;
d. To require the principal to affix his signature on a blank paper
within the notary public’s full view for purposes of comparison;
e. To require the principal to confirm that the signature appearing
at the end of the document/instrument belongs to him and is the
product of his free and voluntary act;
f. To require the principal to affirm the truthfulness of the contents
of the document/instrument under penalty of law.

What if there are several principals in the videoconference, how could

they join the same?
The principals could join singly or as a group, provided that all of them should
comply individually with the rules stated above.

What if there is a person present who is not a principal?

The notary public should ask the purpose of his presence. If not needed, he
should be required to leave the vicinity.

What should the notary public do now after all of the said steps have
been complied with?
The notary public then shall complete the Notarial Certificate by:
d. Affixing his signature by hand;
e. Set his official seal;
f. State in the Notarial Certificate that the notarial act was done via
videoconference pursuant to these Rules.

What if the document/instrument includes the signature of witnesses?

The principal should also send to the notary public the ID of the witnesses
(two copies each if the witnesses are not known to the notary public).

What are required of the witnesses during the videoconference?

1. They must be present;
2. Notary public must ask the witnesses to confirm their identity by
exhibiting the originals of the IDs submitted;
3. Require the witnesses to confirm their location (thru geolocation or
showing identifiable landmarks or buildings);
4. Notary public must determine if the witnesses are disinterested
parties to the document by asking searching questions;
5. Require the witnesses to confirm that the signature appearing
thereon are theirs and the product of their free and voluntary act;
6. Require the witnesses to confirm that they have personally
witnessed the principal affixing his signature/mark on the
document/instrument;
 Page 5 of 7

Do these Rules allow the affixing of thumb mark?

Yes. However, the affixing of thumb mark must be witnessed by at least two
(2) witnesses.

What are the rules then?

During the videoconferencing:
1. The notary public must require the principal to confirm that he affixed
his thumb mark in lieu of his signature;
2. Require the principal to affix his thumb mark on a piece of paper for
comparison purposes;
3. Require the principal to confirm that he has read the document if able
to do so, or has been read to him in its entirety, and that he understood
the contents thereof;
4. Notary public must require the witnesses to confirm their identity by
exhibiting the originals of the IDs submitted;
5. Require the witnesses to confirm their location (thru geolocation or
showing identifiable landmarks or buildings);
6. Notary public must determine if the witnesses are disinterested parties
to the document by asking searching questions;
7. Require the witnesses to confirm that the signature appearing thereon
are theirs and the product of their free and voluntary act;
8. Require the witnesses to confirm that they have personally witnessed
the principal affixing his thumb mark on the document/instrument;

What should the notary public do now after all of the said steps have
been complied with?
The notary public then shall complete the Notarial Certificate by:
a. Affixing his signature by hand;
b. Set his official seal;
c. State in the Notarial Certificate that the notarial act was done via
videoconference pursuant to these Rules.

Can the principal request the notary public to sign the document for the
principal if the latter is not able to do so?
Yes, and the rules are as follows:
1. Principal shall, in addition to the document/instrument to be signed
and notarized, provide copies of the ID of two (2) witnesses;
2. Notary public shall schedule a video conference;
3. Require the principal to confirm that he is not able to sign or affix his
thumb mark;
4. Require the principal to confirm that he has read the document if able
to do so, or has been read to him in its entirety, and that he understood
the contents thereof;
5. The notary public shall sign the document/instrument on behalf of the
principal in full view of the latter and those of the witnesses;
6. Notary public must require the witnesses to confirm their identity by
exhibiting the originals of the IDs submitted;
7. Require the witnesses to confirm their location (thru geolocation or
showing identifiable landmarks or buildings);
 Page 6 of 7

8. Notary public must determine if the witnesses are disinterested parties

to the document by asking searching questions;
9. Require the witnesses to confirm that they witnessed the notary public
affix his signature on the document on behalf of the principal;
10. The notary public must indicate below his signature for the
principal the following: “Signature affixed by notary in the presence of
(names and addresses of the principal and the witnesses).

What should the notary public do now after all of the said steps have
been complied with?
The notary public then shall complete the Notarial Certificate by:
a. Affixing his signature by hand;
b. Set his official seal;
c. State in the Notarial Certificate that the notarial act was done via
videoconference pursuant to these Rules.

Is COPY CERTIFICATION also covered by these Rules?

Yes, and the rules are as follows:
1. Notary public must determine first if the document is not a vital record,
a public record, or publicly recordable. If it is, the copy cannot be
certified;
2. If it can be certified, notary public must schedule a video conference;
3. Notary public shall require the principal to confirm the copy of the
documents to be the same documents that he delivered;
4. And to require the notary public to exhibit the originals for comparison;
5. Notary public shall then proceed to certify the copy or copies;

What should the notary public do now after all of the said steps have
been complied with?
The notary public then shall complete the Notarial Certificate by:
a. Affixing his signature by hand;
b. Set his official seal;
c. State in the Notarial Certificate that the notarial act was done via
videoconference pursuant to these Rules.

Can the principal request the notary public to certify a copy of a

document which was sent via email?
Yes, and the rules are as follows:
1. Notary public must determine first if the document is not a vital record,
a public record, or publicly recordable. If it is, the copy cannot be
certified;
2. If it can be certified, notary public shall print the emailed document
schedule a video conference;
3. Notary public shall require the principal to confirm the copy of the
documents to be the same documents that he e-mailed;
4. And to require the notary public to exhibit the originals for comparison;
5. Notary public shall then proceed to certify the copy or copies;
 Page 7 of 7

What should the notary public do now after all of the said steps have
been complied with?
The notary public then shall complete the Notarial Certificate by:
a. Affixing his signature by hand;
b. Set his official seal;
c. State in the Notarial Certificate that the notarial act was done via
videoconference pursuant to these Rules.

What are the rules as to the fees to be charged?

The rules allow the notary public to charge the maximum fees as prescribed
by the Supreme Court, and payment can be done online.

Who pays the delivery fees?

The principal shall shoulder delivery fees of the documents to the notary
public as well as the retrieval of the same. Principal shall also shoulder
production of copies of the documents to be notarized.

What are the miscellaneous matters to be considered?

a. Notary public must notarize within the jurisdiction of his notarial
commission; Principals and witnesses must also be located within the
jurisdiction of the notary public’s commission. These matters shall be
stated in the notarial certificate;
b. Notary public must take a screenshot of the video conference where all
the parties are seen;
c. In the said screenshot, the notary public must be seen holding the
subject document and the first page being visible;
d. The screenshot must bear a time and date which corresponds to the
actual video conference;
e. The said screenshot shall be printed and attached to the notarial
register as proof of such notarial act done remotely;
f. An additional entry must be included in the notarial register to show
that the act was done pursuant to these rules;
g. The notary public shall keep two (2) copies of the documents and the
attachments, one copy shall be attached to the notarial register while
the other one should be for the notary public’s file;
h. The notary public can refuse with the remote notarization if he finds
reasonable doubt based on the behavior or demeanor of the principals
or witnesses or they refuse to appear in the video conference;
i. Principals and witnesses should observe proper COVID-19 safety
protocols;

*Please still see the full text for better reference