Professional Documents
Culture Documents
Amendments To Rules On Evidence DCA Villanueva
Amendments To Rules On Evidence DCA Villanueva
on
The 2019 Proposed Amendments to the
REVISED RULES ON EVIDENCE
A.M. No. 19-08-05-SC
8 October 2019
(Effective: 1 MAY 2020)
NOTICE: This material was done for educational purposes only. The comparisons made herein were simply to determine
what were the amendments or revisions done in every Rule, if any. The reasons for the amendments or revisions, for lack of
sufficient information thereon, are not discussed. Full responsibility is assumed for any comment or remark found herein.
RULE 128
GENERAL PROVISIONS
SECTION ORIGINAL AMENDED REMARKS
PROVISION PROVISION
Sec. 3. Admissibility of Evidence is admissible Evidence is admissible The amendment in
evidence when it is relevant to when it is relevant to Sec. 3 is that
the issue and not the issue and not evidence may be
excluded by the law or excluded by the inadmissible if
these rules. Constitution, the law excluded also by
or these Rules. 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.
NOTE: No amendment in Sec. 1 (Evidence defined), Sec. 2 (Scope) and Sec. 4 (Relevancy; collateral matters)
RULE 129
WHAT NEED NOT BE PROVED
SECTION ORIGINAL AMENDED REMARKS
PROVISION PROVISION
Sec. 1. Judicial notice, A court shall take judicial notice, A court shall take judicial notice, The amendment in Sec. 1
without the introduction of without the introduction of pertains to recognizing the
when mandatory evidence, of the existence and evidence, of the existence and official acts of the legislative,
territorial extent of states, their territorial extent of states, their executive and judicial
political history, forms of political history, forms of departments of the National
government and symbols of government and symbols of Government of the Philippines
nationality, the law of nations, the nationality, the law of nations, the
admiralty and maritime courts of admiralty and maritime courts of
the world and their seals, the the world and their seals, the
political constitution and history of political constitution and history of
the Philippines, official acts of the the Philippines, official acts of the
legislative, executive and judicial legislative, executive and judicial
departments of the Philippines, the departments of the National
laws of nature, the measure of Government of the Philippines,
time, and the geographical the laws of nature, the measure of
divisions. time, and the geographical
divisions.
Sec. 3. Judicial notice, During the trial, the court, on During the pre-trial and the The amendment in Sec. 3
its own initiative, or on trial, the court, motu recognizes, among others, the
when hearing judicial notice may be
necessary request of a party, may proprio, or upon motion, announced also during the
announce the intention to shall hear the parties on pre-trial.
take judicial notice of any the propriety of taking Also, the court may motu
matter and allow the parties judicial notice of any matter. proprio or upon motion”,
to be heard thereon. instead of “on request”, hear
the parties on giving a matter
judicial notice
1. Original Document When the subject of inquiry is When the subject of inquiry is The amendment in Sec. 3
the contents of a document, the contents of a document, includes as a subject of
Rule (No longer the Best inquiry, not only a document,
no evidence shall be writing, recording,
Evidence Rule) but also a writing, recording,
admissible other than the photograph or other record,
Sec. 3. Original document original document itself, no evidence is admissible photograph or other record
must be produced; The rule is that “no evidence is
except in the following cases: other than the original admissible other than original
exceptions document itself, except in the document itself”
following cases: Now, the exception applies if,
aside from the document itself,
the “writing, recording,
photograph or other record”,
cannot be presented
1. Original Document (a) The original of the document (a) An “original” of a document This item (a) is a new
is one of the contents of which is the document itself or any provision
Rule are the subject of inquiry counterpart intended to have The amendment defines what
Sec. 4. Original of the same effect by a person an original document is, which
document executing or issuing it. An is the document itself or any
“original” of a photograph counterpart intended to have
includes the negative or any the same effect
print therefrom. If data is Also, it provides that an
stored in a computer or similar original of a photograph
device, any printout or other includes the negative or any
output readable by sight or print therefrom
other means, shown to reflect Further, the data stored in a
the data accurately, is an computer or similar device,
“original”. when printed, is also an
original
RULE 130
RULES OF ADMISSIBILITY – cont.
SECTION ORIGINAL AMENDED REMARKS
PROVISION PROVISION
1. Original Document (b) When a document is in (b) A “duplicate” is a This item (b) is a new
Rule two or more copies executed counterpart produced by provision.
at or about the same time, the same impression as the The definition of a
Sec. 4. Original of with identical contents, all original, or from the same “duplicate” is more detailed,
document – cont. such copies are equally matrix, or by means of it pertains to a counterpart
regarded as originals photography, including produced (i) by the same
enlargements and impression as the original,
miniatures, or by or (ii) from the same matrix,
mechanical or electronic re- or (iii) by means of
recording, or by chemical photography, or (iv) by
reproduction, or by other mechanical or electronic
equivalent techniques recording, (v) by chemical
which accurately reproduce reproduction, or (vi) by
the original. other equivalent techniques
(c) When an entry is repeated (c) A duplicate is admissible This item (c) is a new
in the regular course of to the same extent as an provision
business, one being copied original unless (1) a The admissibility of a
from another at or near the genuine question is raised duplicate is allowed to the
time of the transaction, all the as to the authenticity of the same extent as an original,
entries are likewise equally original, or (2) in the except if (1) a genuine
regarded as originals circumstances, it is unjust question is raised as to the
or inequitable to admit the authenticity of the original
duplicate in lieu of the or (2) it is unjust or
original. inequitable to admit the
duplicate”
RULE 130
RULES OF ADMISSIBILITY – cont.
SECTION ORIGINAL AMENDED REMARKS
PROVISION PROVISION
2. Secondary Evidence NO ORIGINAL PROVISION When the contents of Sec. 7 is a new provision
documents, records, It pertains to “voluminous”
Sec. 7. Summaries photographs, or numerous evidence that cannot be
accounts are voluminous and examined in court without
cannot be examined in court great loss of time, so the
without great loss of time, and contents thereof may be
the fact sought to be presented in the form of a
established is only the general chart, summary or calculation
result of the whole, the
contents of such evidence may
be presented in the form of a
chart, summary or calculation.
Also, the “voluminous”
The originals shall be available evidence must be available to
for examination or copying, or the adverse party for
both, by the adverse party at a examination or copying
reasonable time and place.
3. Parol Evidence Rule When the terms of an When the terms of an The amendment in the first
agreement have been agreement have been paragraph of Sec. 10 is not
Sec. 10. Evidence of substantial, aside from the re-
reduced to writing, it is reduced to writing, it is
written agreements considered as containing all considered as containing all numbering thereof, the word
“as” was merely inserted
the terms agreed upon and the terms agreed upon and
there can be, between the there can be, as between the
parties and their successors parties and their successors
in interest, no evidence of in interest, no evidence of
such terms other than the such terms other than the
contents of the written contents of the written
agreement. agreement.
NOTE1: The amendments in Secondary Evidence, Sec. 5 (When original document is unavailable) and Sec. 6 (When original
document is in adverse party’s custody or control) are gender-based (either “his or her” or “he or she”)
NOTE3: No amendment in Secondary Evidence, Sec. 8 (Evidence admissible when original document is a public record) and Sec.
9 (Party who calls for document not bound to offer it), except the re-numbering of said sections due to the addition of a new Sec. 7
(Summaries)
RULE 130
RULES OF ADMISSIBILITY – cont.
SECTION ORIGINAL AMENDED REMARKS
PROVISION PROVISION
3. Parol Evidence Rule However, a party may present However, a party may present No substantial amendment in
evidence to modify, explain or evidence to modify, explain or the third paragraph of Sec. 10,
Sec. 10. Evidence of add to the terms of the written add to the terms of the written aside from the gender-based
written agreements – agreement if he puts in issue in agreement if he or she puts in amendment, inserted was
cont. his pleading: issue in a verified pleading: word “verified” when referring
(a)xxx (a)xxx to the required pleading to
(b)xxx (b)xxx “modify explain or add to the
(c)xxx (c)xxx terms of a written agreement”
(d)xxx (d)xxx
C. TESTIMONIAL During their marriage, neither the During their marriage, the The amendment in Sec. 23 is
husband nor the wife may testify husband or the wife cannot that it made clear that the
EVIDENCE for or against the other without testify for or against the other husband or the wife “cannot”
1. Qualification of the consent of the affected without the consent of the testify against each other,
Witnesses spouse, except in a civil case by affected spouse, except in a civil subject to exceptions involving
Sec. 23. Disqualification one against the other, or in a case by one against the other, or a civil case filed by one
criminal case for a crime in a criminal case for a crime spouse against the other or in
by reason of marriage committed by one against the committed by one against the a criminal case committed by
other or the latter’s direct other or the latter’s direct one spouse against the other
descendants or ascendants. descendants or ascendants. or the latter’s direct
descendants or ascendants
NOTE1: No amendment in 4. Interpretation of Documents, Sec. 11 (Interpretation of a writing according to its legal meaning), Sec. 12 (Instrument construed so as to
give effect to all provisions), Sec. 13. (Interpretation according to intention; general and particular provisions), Sec. 15 (Peculiar signification of terms), Sec. 16 (Written
words control printed), Sec. 17 (Experts and interpreters to be used in explaining certain writings), Sec. 19 (Construction in favor of natural right) and Sec. 20
(Interpretation according to usage), except the re-numbering of the said sections
NOTE2: Amendments in 4. Interpretation of Documents, Sec. 14 (Interpretation according to circumstances) and Sec. 18 (Of two constructions, which preferred) are
gender-based and the re-numbering of the said sections
NOTE3: No amendment in C. TESTIMONIAL EVIDENCE, 1. Qualification of Witnesses, Sec. 21 (Witnesses; their qualifications), except the re-numbering of said
section
NOTE4: Amendments in 1. Qualification of Witnesses, Sec. 22 (Testimony confined to personal knowledge) are gender-based and the re-numbering of said section.
This is the old Sec. 36 (Testimony generally confined to personal knowledge; hearsay excluded)
NOTE5: The old 1. Qualification of Witnesses, Sec. 21 (Disqualification by reason of mental incapacity or immaturity) was DELETED
NOTE6: The old 1. Qualification of Witnesses, Sec. 23 (Disqualification by reason of death or insanity) was TRANSPOSED to the new Sec. 39.
RULE 130
RULES OF ADMISSIBILITY – cont.
SECTION ORIGINAL AMENDED REMARKS
PROVISION PROVISION
1. Qualification of The following persons The following persons cannot The amendment in item (b)
Witnesses cannot testify as to matters testify as to matters learned in is that, aside from the
learned in confidence in the confidence in the following lawyer, a “person
Sec. 24. Disqualification cases: reasonably believed by the
by reason of privileged following cases:
(a) xxx xxx xxx client to be licensed to
communication (a) xxx xxx xxx
(b) An attorney or person engage in the practice of
(b) An attorney cannot, reasonably believed by the law” is included in the
without the consent of his client to be licensed to prohibition to testify against
client, be examined as to engage in the practice of a client based on privileged
any communication made law cannot, without the communication
by the client to him, or his consent of the client, be Also, included in the
advice given thereon in the examined as to any prohibition are the “other
course of, or with a view to, communication made by the persons assisting the
professional employment, client to him or her, or his or attorney”
nor can an attorney’s her advice given thereon in Item (b) also also includes
secretary, stenographer, or the course of, or with a view an enumeration of
to, professional employment, “exceptions” to the
clerk be examined, without nor can an attorney’s “attorney-client” privilege,
the consent of the client secretary, stenographer, or which is a new provision
and his employer, clerk, or other persons The further amendment in
concerning any fact the assisting the attorney be item (b) is gender-based
knowledge of which has examined, without the There is no amendment in
been acquired in such consent of the client and his item (a) on the privileged
capacity. employer, concerning any fact communication involving
the knowledge of which has the husband and wife
been acquired in such during or after the marriage
capacity, except in the
following cases:
RULE 130
RULES OF ADMISSIBILITY – cont.
SECTION ORIGINAL AMENDED REMARKS
PROVISION PROVISION
1. Qualification of NO ORIGINAL PROVISION (i) Furtherance of crime or Exceptions (i) to (iv) of
fraud. If the services or advice item (b) are new
Witnesses of the lawyer were sought or
Sec. 24. Disqualification obtained to enable or aid provisions which are
by reason of privileged anyone to commit or plan to exceptions to the lawyer-
communication – cont. commit what the client knew or client privileged
reasonably should have known communication, such as,
to be a crime or fraud; when the services or
(ii) Claimants through same
deceased client. As to advice of the lawyer was
communication relevant to an (i) in furtherance of a
issue between parties who crime or fraud, or the
claim through the same communication
deceased client, regardless of conveyed to the lawyer is
whether the claims are by
testate or intestate or by inter relevant to (ii) claimants
vivos transaction; through the same
(iii) Breach of duty by lawyer or deceased client (of the
client. As to a communication lawyer), or the
relevant to an issue of breach communication is a (iii)
of duty by the lawyer to his or
her client, or by the client to breach of duty by the
his or her lawyer; lawyer to his or her
(iv) Document attested by the client, or the
lawyer. As to a communication communication is
relevant to any issue relevant to an (iv)
concerning an attested
document to which the lawyer attested document to
is an attesting witness; or which the lawyer was the
attesting witness
RULE 130
RULES OF ADMISSIBILITY – cont.
SECTION ORIGINAL AMENDED REMARKS
PROVISION PROVISION
1. Qualification of NO ORIGINAL PROVISION (v) Joint clients. As to a
communication relevant to a
Exception (v) of item (b) is also a
new provisions which is an
Witnesses matter of common interest exception to the lawyer-client
Sec. 24. Disqualification between two or more clients if the privileged communication when
communication was made by any the communication is relevant to
by reason of privileged of them to a lawyer retained or a common interest between 2 or
communication – cont. consulted in common, when more clients
offered in an action between any
of the clients, unless they have
expressly agreed otherwise.
(c) A person authorized to practice (c) A physician, psychotherapist Item (c) is completely a different
medicine, surgery or obstetrics or person reasonably believed by provision on “doctor-patient”
cannot in a civil case, without the the patient to be authorized to privilege.
consent of the patient, be examined practice medicine or This identifies who are covered
as to any advice or treatment given psychotherapy cannot in a civil by the privilege, or those who
by him or any information which he case, without the consent of the cannot be examined as to any
may have acquired in attending such patient, be examined as to any confidential communication made
patient in a professional capacity, confidential communication made for the purpose or treatment of
which information was necessary to for the purpose of diagnosis or the patient’s physical, mental or
enable him to act in such capacity, treatment of the patient’s physical, emotional condition, including
and which which would blacken the mental or emotional condition, alcohol or drug addition,
reputation of the patient; including alcohol or drug addition, particularly the physician,
between patient and his or her psychotherapist or person
physician or psychotherapist. believed to be authorized to
This privilege also applies to practice medicine
persons, including members of The privilege now covers
the patient’s family, who have “members of the patient’s family
participated in the diagnosis or who participated in the diagnosis
treatment of the patient under the or treatment of the patient under
direction of the physician or the direction of the physician or
psychotherapist. psychotherapist
RULE 130
RULES OF ADMISSIBILITY – cont.
SECTION ORIGINAL AMENDED REMARKS
PROVISION PROVISION
1. Qualification of NO ORIGINAL PROVISION A “psychotherapist” is: This definition of a
“psychotherapist” is a new
Witnesses (a) A person licensed to provision in item (c)
Sec. 24. Disqualification practice medicine engaged in
by reason of privileged the diagnosis or treatment of a
communication – cont. mental or emotional condition,
or
(b) A person licensed as a
psychologist by the
government while similarly
engaged.
(d) A minister or priest cannot, (d) A minister, priest or person Item (d) identifies who are
without the consent of the reasonably believed to be so covered by the “priest-
person making the cannot, without the consent of confessant” privileged
the affected person, be communication, which
confession, be examined as examined as to any includes a person reasonably
to any confession made to or communication or confession believed to be a minister or
any advice given by him in his made to or any advice given by priest by the confessant or
professional character in the him or her, in his or her affected person, regarding the
course of discipline enjoined professional character, in the confession or advice given to
by the church to which the course of discipline enjoined by him
minister or priest belongs; the church to which the minster
or priest belongs.
(e) A public officer cannot be (e) A public officer cannot be The amendment in item (e)
examined during or after his or covers not only
examined during his term of her tenure as to communications communications during the
office afterwards, as to made to him or her in official tenure of the public officer, but
communications made to him confidence, when the court finds even “after his or her tenure”
in official confidence, when that the public interest would
the court finds that the public suffer by the disclosure.
interest would suffer by the
disclosure.
RULE 130
RULES OF ADMISSIBILITY – cont.
SECTION ORIGINAL AMENDED REMARKS
PROVISION PROVISION
1. Qualification of NO ORIGINAL The communication shall be This last paragraph is a new
Witnesses PROVISION privileged, even in the provision
hands of a third person who For the communication to
Sec. 24. Disqualification may have obtained the remain privileged, even if in
by reason of privileged information, provided that the hands of a third person,
communication – cont. the original parties to the the concerned parties
communication took should have taken
precaution to protect its precautions to protect its
confidentiality. confidentiality
2. Testimonial Privilege No person may be No person shall be compelled The amendment in Sec. 25 is,
compelled to testify to testify against his or her among others, gender-based.
Sec. 25. Parental and Also, there is a new provision
against his parents, other parents, other direct
filial privilege ascendants, children or other on the exception to the parental
direct ascendants, and filial privilege, i.e., when
direct descendants, except
children or other direct the testimony is indispensable
when such testimony is in a crime involving the
descendants. indispensable in a crime concerned person or by one
against that person or by parent against the other
one parent against the other.
NOTE1: The amendments in 3. Admissions and Confessions, Sec. 27 (Admission of a party), Sec. 33 (Admission by silence) and Sec. 34
(Confession) are gender-based and pertains to the re-numbering of the said sections
NOTE2: No amendment in 3. Admissions and Confessions, Sec. 29 (Admission by third party), except the re-numbering of said section
RULE 130
RULES OF ADMISSIBILITY – cont.
3. Admissions and The act or declaration of a The act or declaration of a The amendment in Sec. 31 is
conspirator relating to the conspirator in furtherance of the a minor one and a matter of
Confessions conspiracy and during its conspiracy and during its style, aside from the re-
Sec. 31. Admission by existence, may by given in existence, may by given in numbering of the said section
conspirator evidence against the co- evidence against the co-
conspirator after the conspiracy conspirator after the conspiracy is
is shown by evidence other than shown by evidence other than
such act of declaration. such act of declaration.
3. Admissions and Where one derives title to Where one derives title to property The amendment in Sec. 32 is
property from another, the act, from another, the latter’s act, a minor one and a matter of
Confessions declaration, or omission of the declaration, or omission, in relation style, as well as pertaining to
Sec. 32. Admission by latter, while holding the title, in to the property, is evidence against the numbering of the said
privies relation to the property, is the former if done while the latter section
evidence against the former. was holding the title. Also, it clarifies that the act,
declaration or omission of the
holder of title is evidence
against the one deriving title
therefrom
RULE 130
RULES OF ADMISSIBILITY – cont.
SECTION ORIGINAL AMENDED REMARKS
PROVISION PROVISION
5. Hearsay NO ORIGINAL PROVISION Hearsay is a statement other than This a new provision in Sec.
one made by the declarant while 37 which defines what
Sec. 37. Hearsay testifying at a trial or hearing, HEARSAY means, which
offered to prove the truth of the essentially is a statement
facts asserted therein. A statement other than one made by the
is (1) an oral or written assertion or declarant while testifying at
(2) a non-verbal conduct of a a trial or hearing. The
person, if it is intended by him or statement may be (i) oral or
her as an assertion. Hearsay written or (ii) a non-verbal
evidence is inadmissible except as conduct of a person.
otherwise provided in these Rules. Prior thereto, there was no
definition of hearsay in the
A statement is not hearsay if the Rules of Court.
declarant testifies at the trial or
hearing and is subject to cross-
examination concerning the This second paragraph of
statement, and the statement is (a) Sec. 37 is also a new
inconsistent with the declarant’s provision. It defines what is
testimony, and was given under NOT A HEARSAY
oath subject to the penalty of STATEMENT, which is when
perjury at a trial, hearing or other a declarant testifies and is
proceeding, or in a deposition; (b) subject to cross-
consistent with the declarant’s examination concerning the
testimony and is offered to rebut an statement and the
express or implied charge against statement is: (i) inconsistent
the declarant of recent fabrication with declarant’s testimony;
or improper influence or motive; or (ii) offered to rebut an
(c) one of identification of a person express or implied charge
made after perceiving him or her. against the declarant; or (iii)
one of identification of a
person made after
perceiving him or her
NOTE1: Amendments to 6. Exceptions To The Hearsay Rule, Sec. 38 (Dying declaration), Sec. 46 (Entries in official
records), and Sec. 48 (Learned treatises) are gender-based and pertain to the re-numbering of the said sections
NOTE2: No amendment to 6. Exceptions To The Hearsay Rule, Sec. 47 (Commercial lists and the like), except the re-
numbering of the said section
RULE 130
RULES OF ADMISSIBILITY – cont.
SECTION ORIGINAL AMENDED PROVISION REMARKS
PROVISION
6. Exceptions To The The declaration made by a person
deceased or unable to testify against
The declaration made by a person
deceased or unable to testify against the
The amendment in Sec. 40
is, among others, gender-
Hearsay Rule the interest of the declarant, if the interest of the declarant, if the fact asserted based.
Sec. 40. Declaration fact asserted in the declaration was in the declaration was at the time it was Also, the second sentence
at the time it was made so far made so far contrary to the declarant’s own of Sec. 40 is a new
against interest contrary to declarant’s own interest interest that a reasonable person in his or provision.
that a reasonable man in his position her position would not have made the The new provision
would not have made the declaration declaration unless he or she believed it to specifies that if the
unless he believed it to be true, may be true, may be received in evidence statement will expose the
be received in evidence against against himself or herself or his or her declarant to criminal
himself or his successors in interest successors in interest and against third liability and offered to
and against third persons. persons. A statement tending to expose exculpate the accused,
the declarant to criminal liability and then this is not admissible
offered to exculpate the accused is not in evidence
admissible unless corroborating
circumstances clearly indicate the
trustworthiness of the statement.
6. Exceptions To The Common reputation existing Common reputation existing The amendment in the first
previous to the controversy, previous to the controversy, as to sentence of Sec. 43 involves
Hearsay Rule respecting facts of public or general boundaries of or customs common reputation, existing
Sec. 43. Common interest more than thirty years old, or affecting lands in the community previous to the controversy,
respecting marriage or moral and reputation as to events of regarding boundaries of or
reputation character, may be given in evidence. general history important to the customs affecting lands, as well
Monuments and inscriptions in public community, or respecting marriage as reputation as to events of
places may be received as evidence or moral character, may be given in general history important to the
of common reputation. evidence. Monuments and community, among others, may
inscriptions in public places may be be given in evidence
received as evidence of common
reputation.
6. Exceptions To The Statements made by a person while Statements made by a person while The amendment to the first
a startling occurrence is taking place a startling occurrence is taking place sentence of Sec. 44 gives
Hearsay Rule or immediately prior or subsequent or immediately prior or subsequent emphasis to the fact that the
Sec. 44. Part of the res thereto with respect to the thereto, under the stress of “statements made by a person
circumstances thereof, may be given excitement caused by the while a startling occurrence is
gestae in evidence as part of the res gestae. occurrence with respect to the taking place”, should be “under
So, also, statements accompanying circumstances thereof, may be given the stress of excitement caused
an equivocal act material to the in evidence as part of the res gestae. by the occurrence”
issue, and giving it a legal So, also, statements accompanying
significance, may be received as an equivocal act material to the
part of the res gestae. issue, and giving it a legal
significance, may be received as
part of the res gestae.
RULE 130
RULES OF ADMISSIBILITY – cont.
SECTION ORIGINAL AMENDED REMARKS
PROVISION PROVISION
6. Exceptions To The Entries made at, or near A memorandum, report, record Sec. 45 completely amended
the time of transactions to or data compilation of acts, the old Sec. 43 (Entries in the
Hearsay Rule events, conditions, opinions or course of business)
Sec. 45. Records of which they refer, by a diagnoses, made by writing, This section provides that a
regularly conducted person deceased or unable typing, electronic, optical or memorandum, report, record
business activity to testify, who was in a other similar means at or near or data compilation of acts,
position to know the facts the time of or from events, conditions, opinions or
therein stated, may be transmission or supply of diagnoses, made by writing,
information by a person with typing, electronic, optical or
received as prima facie knowledge thereof, and kept in other similar means that are
evidence, if such person the regular course or conduct “kept in the regular course or
made the entries in his of a business activity, and conduct of a business
professional capacity or I such was the regular practice activity”, and this was the
the performance of duty to make the memorandum, regular practice as shown by
report, record, or data the testimony of the custodian
and in the ordinary or compilation by electronic, of said items, is excepted from
regular course of business. optical or similar means, all of the rule on hearsay evidence
(old Sec. 43, Rule 130) which are shown by the
testimony of the custodian or
other qualified witnesses, is
excepted from the rule on
hearsay evidence.
8. Character Evidence (a) In Criminal Cases Evidence of a person’s The amendment in Sec. 54
(1) The accused may prove character or a trait of character states, among others, that an
Sec. 54. Character is not admissible for the evidence of a person’s
his good moral character
evidence not generally which is pertinent to the purpose of proving action in character or a trait of
admissible; exceptions moral trait involved in the conformity therewith on a character is not admissible to
particular occasion, except: prove action in conformity
offense charged (a)In Criminal Cases; therewith on a particular
(2) Unless in rebuttal, the (1) The character of the occasion, subject to
prosecution may not prove offended party may be proved if it exceptions
his bad moral character tends to establish in any In criminal cases, the new
which is pertinent to the reasonable degree the probability item (1) is a re-wording of and
moral trait involved in the or improbability of the offense largely taken from the old item
offense charged charged. (3) of Sec. 51 (now Sec. 54)
(3) The good or bad moral (2) The accused may prove his Also, the new item (2) is a
character of the offended or her good moral character, combination of both the old
party may be proved if it pertinent to the moral trait items (1) and (2) of Sec. 51
involved in the offense charged (now Sec. 54)
tends to establish in any However, the prosecution may
reasonable degree the not prove his or her bad moral
probability or improbability unless on rebuttal.
of the offense charged
NOTE1: No amendment in 7. Opinion Rule, Sec. 51 (General rule), except the re-numbering of the said section
NOTE2: The amendments in 7. Opinion Rule, Sec. 53 (Opinion of ordinary witnesses) are gender-based and pertain to
the re-numbering of the said sections
RULE 130
RULES OF ADMISSIBILITY – cont.
(c) In the case provided for in (c) In Criminal and Civil Cases Item (c) for both “Criminal and
Rule 132, Section 14 (Evidence Civil Cases” is a new provision
of good character of witness) Evidence of the good character and completely amends the
of a witness is not admissible old item (c)
until such character has been The amendment in item (c)
impeached. provides that, among others, ,
“character evidence” is
In all cases in which evidence admissible only if the witness
of character or a trait of is impeached.
character of a person is Also, in all cases in which
admissible, proof may be made character evidence or a trait
by testimony as to reputation thereof is admissible, proof
or by testimony in the form of thereof may be made by
an opinion. On cross- testimony as to reputation or
examination, inquiry is by testimony in the form of an
allowable into relevant specific opinion.
instances of conduct. During cross-examination, an
inquiry into relevant specific
In cases in which character or instances of conduct is
a trait of character of a person allowed
is an essential element of a In cases in which character or
charge, claim or defense, proof a trait of character of a person
may also be made of specific is an essential element of a
instances of that person’s charge, claim or defense,
conduct. proof thereof may be of
specific instances of that
person’s conduct
RULE 131
BURDEN OF PROOF, BURDEN OF EVIDENCE AND
PRESUMPTIONS
SECTION ORIGINAL AMENDED REMARKS
PROVISION PROVISION
Sec. 1. Burden of proof Burden of proof is the Burden of proof is the duty The amendment in the
and burden of evidence duty of a party to of a party to present first paragraph of Sec. 1
evidence on facts in issue is the statement that
present evidence on
necessary to establish his “burden of proof never
facts in issue or her claim or defense by shifts”, as compared to
necessary to establish the amount of evidence “burden of evidence”
his claim or defense by required by law. Burden of The second paragraph of
the amount of evidence proof never shifts. Sec. 1 is a new
required by law. provision. This is the
Burden of evidence is the reason why Sec. 1 is
duty of a party to present included in its title.
evidence sufficient to Burden of evidence is
establish or rebut a fact defined as the duty of a
in issue to establish a party to present evidence
prima facie case. Burden sufficient to establish or
of evidence may shift rebut a fact in issue to
from one party to the establish a prima facie
other in the course of the case.
proceedings, depending Also, burden of evidence
on the exigencies of the may shift from one party
case. to another in the course
of the proceedings..
NOTE: The amendments in Sec. 2 (Conclusive presumptions), Sec. 3 (Disputable presumptions) and Sec. 4 (No
presumption of legitimacy or illegitimacy) are gender-based and minor clerical corrections
RULE 131
BURDEN OF PROOF, BURDEN OF EVIDENCE, AND PRESUMPTIONS – cont.
Sec. 6. Presumption NO ORIGINAL PROVISION If a presumed fact that Sec. 6 is a new provision.
establishes guilt is an It pertains to a presumed fact
against an accused in that establishes guilt and
element of the offense
criminal cases charged, or negates a which is an element of the
offense charge, then the
defense, the existence of
existence of the basic fact
the basic fact must be must be proved beyond
proved beyond reasonable reasonable doubt while the
doubt and the presumed presumed fact follows from the
fact follows from the basic basic fact beyond reasonable
fact beyond reasonable doubt.
doubt.
RULE 132
PRESENTATION OF EVIDENCE
SECTION ORIGINAL AMENDED REMARKS
PROVISION PROVISION
A. EXAMINATION OF NO ORIGNAL PROVISION For the purpose of Sec. 12 is a new provision.
WITNESSES impeaching a witness, The amendment provides
evidence that he or she that impeaching a witness
Sec. 12. Impeachment through evidence of
by evidence of has been convicted by
conviction by final judgment
conviction of crime final judgment of a crime
is admitted provided the
shall be admitted if (a) the penalty imposed is
crime was punishable by imprisonment of more than
a penalty in excess of one year or the crime
one year; or (b) the crime involved moral turpitude,
involved moral turpitude, regardless of the penalty.
regardless of the penalty.
NOTE1: No amendment in A. EXAMINATION OF WITNESSES, Sec. 1 (Examination to be done in open court), Sec. 4 (Order in the examination
of an individual witness), and Sec. 9 (Recalling witness), as well as in Sec. 17 (When part of transaction, writing or record given in evidence) and
Sec. 18 (Right to inspect writing shown to witness), except for the latter the re-numbering of the said sections
NOTE2: The amendment in A. EXAMINATION OF WITNESSES, Sec. 2 (Proceedings to be recorded), Sec. 3 (Rights and obligations of a
witness), Sec. 5 (Direct examination), Sec. 6 (Cross-examination; its purpose and extent), Sec. 7 (Re-direct examination; its purpose and extent),
Sec. 8 (Re-cross examination), Sec. 10 (Leading and misleading questions), Sec. 11 (Impeachment of adverse party’s witness) and Sec. 16
(When witness may refer to memorandum), is gender-based, while for Sec. 13 (Party may not impeach his or her own witness) and Sec. 14
(How witness impeached by evidence of inconsistent statements), the amendments are gender-based, minor clerical errors or matters of style
and the re-numbering of the said sections
NOTE3: The old Sec. 14 (Evidence of good character of witness) was incorporated in the present Sec. 54, Rule 130
RULE 132
PRESENTATION OF EVIDENCE – cont.
All other writings are All other writings are No amendment in the
private. private. third paragraph of Sec.
19
NOTE1: No amendment in B. AUTHENTICATION AND PROOF OF DOCUMENTS, Sec. 21 (When evidence of authenticity of
private document), Sec. 23 (Public documents are evidence), Sec. 26 (Irremovability of public record), Sec. 27 (Public record of a
private document), Sec. 29 (How judicial record impeached), Sec. 30 (Proof of notarial documents), and Sec. 32 (Seal)
NOTE2: The amendments in B. AUTHENTICATION AND PROOF OF DOCUMENTS, Sec. 22 (How genuineness of handwriting
proved), Sec. 25 (What attestation of copy must state), Sec. 28 (Proof of lack of record), Sec. 31 (Alteration in document, how to
explain) and Sec. 33 (Documentary evidence in an unofficial language) are only gender-based.
RULE 132
PRESENTATION OF EVIDENCE – cont.
SECTION ORIGINAL AMENDED REMARKS
PROVISION PROVISION
B. AUTHENTICATION Before any private document Before any private document offered as The amendment in Sec.20
offered as authentic is received in authentic is received in evidence, its due pertains to a third means to prove
AND PROOF OF evidence, its due execution and execution and authenticity must be the due execution and
DOCUMENTS authenticity must be proved either: proved by any of the following means: authenticity of a private
(a) By anyone who saw the (a) By anyone who saw the document document, i.e., by “other
Sec. 20. Proof of document executed or written; or executed or written; evidence showing its due
private documents (b) By evidence of the genuineness (b) By evidence of the genuineness of the execution and authenticity”, aside
of the signature or handwriting of signature or handwriting of the maker; or from by anyone who saw it being
the maker. (c) By other evidence showing its due executed or proving the
execution and authenticity. genuineness of the signature or
handwriting of the maker
Any other private document need Any other private document need only be No amendment in the second
only be identified as that which it is identified as that which it is claimed to be. paragraph of Sec. 20.
claimed to be.
C. OFFER AND Objection to evidence offered Objection to offer of evidence The amendment in Sec. 36
orally must be made immediately must be made orally immediately requires all objections to offer
OBJECTION after the offer is made. after the offer is made. of evidence to be done
Sec. 36. Objection ORALLY.
Objection to a question Objection to the testimony of a Also, an objection to a
propounded in the course of the witness for lack of a formal testimony of a witness for lack
oral examination of a witness offer must be made as soon as of a formal offer must be made
shall be made as soon as the the witness begins to testify. as soon as the witness begins
grounds therefor become Objection to a question to testify.
reasonably apparent. propounded in the course of the Objection to a question
oral examination of a witness propounded during the trial
An offer of evidence in writing must be made as soon as the must be made as soon as the
shall be objected to within three grounds therefor become grounds therefor become
(3) days after notice unless a reasonably apparent. reasonably apparent.
different period is allowed by the Further, no more offer of
court. evidence in writing is allowed
as the third paragraph of Sec.
36 was deleted.
NOTE1: No amendment in C. OFFER AND OBJECTION, Sec. 34 (Offer of evidence), Sec. 38 (Ruling), and Sec. 40
(Tender of excluded evidence)
NOTE2: The amendment in C. OFFER AND OBJECTION, Sec. 37 (When repetition of objection unnecessary) is only
gender-based.
RULE 132
PRESENTATION OF EVIDENCE – cont.
SECTION ORIGINAL AMENDED REMARKS
PROVISION PROVISION
C. OFFER AND Should a witness answer the Should a witness answer the The amendment in Sec. 39
OBJECTION question before the adverse question before the adverse provides that (a) should a
party had the opportunity to party had the opportunity to witness answer the
Sec. 39. Striking out voice fully its objection to the voice fully its objection to the question before being
answer same, and such objection is same, or where a question objected to, or (b) where a
found to be meritorious, the is not objectionable, but the question is not
court shall sustain the answer is not responsive, objectionable but the
objection and order the or where a witness testifies answer is not responsive,
answer given to be stricken without a questions being or (c) where a witness
off the record. posed or testifies beyond testifies without questions
limits set by the court, or being posed or testifies
when the witness does a beyond the limits set by the
narration instead of court, or (d) when the
answering the question, and witness does a narration
such objection is found to be instead of answering the
meritorious, the court shall question, the court shall
sustain the objection and sustain the objection and
order such answer, order such answer,
testimony or narration to be testimony or narration to be
stricken off the record. stricken off the record
On proper motion, the court On proper motion, the court There is no amendment in
may also order the striking out may also order the striking out the second paragraph of
of answers which are of answers which are Sec. 39
incompetent, irrelevant or incompetent, irrelevant or
otherwise improper. otherwise improper.
RULE 133
WEIGHT AND SUFFICIENCY OF EVIDENCE
SECTION ORIGINAL AMENDED PROVISION REMARKS
PROVISION
Sec. 4. Circumstantial Circumstantial evidence
sufficient for conviction if:
is Circumstantial evidence is sufficient for
conviction if:
There is no amendment in the first
paragraph of Sec. 4.
evidence, when (a) There is more than one (a) There is more than one circumstance; The amendment in the second
sufficient circumstance; (b) The facts from which the inferences are paragraph of Sec. 4, which is a new
(b) The facts from which the derived are proven; and provision, stresses that inferences
inferences are derived are proven; (c) The combination of all the cannot be based on other
and circumstances is such as to produce a inferences.
(c) The combination of all the conviction beyond reasonable doubt.
circumstances is such as to Inferences cannot be based on other
produce a conviction beyond inferences
reasonable doubt.
NOTE1: The amendments in Sec. 1 (Preponderance of evidence, how determined) and Sec. 2 (Proof beyond reasonable
doubt) are only gender-based, while in Sec. 7 (Power of the court to stop further evidence) it is to emphasize that the
power to stop further evidence should be exercised with caution and for the re-numbering of the said section
NOTE2: No amendment in Sec. 3 (Extrajudicial confession, not sufficient ground for conviction), while no amendment as
well in Sec. 6 (Substantial evidence) and Sec. 8. (Evidence on motion), except the re-numbering of the said sections