OSG’s Remarks/Comments on the

2019 Proposed Amendments to the Revised Rules on Evidence

Re: Proposed Uniform Procedure on Electronic Filing and Service in the OSG

Rule /
2019 Proposed Amendments
Section
to the Revised Rules on
Reference Revised Rules on Evidence
Evidence / A.M. No. 19-08-15-
Remarks / Comments
(Based on the SC
numbering (RRE)
used in the
2019 (2019 Amendments)
Amendments)

RULE 128
GENERAL PROVISIONS

R128 S1 Section 1. Evidence defined. —
Evidence is the means, sanctioned
by these rules, of ascertaining in a
judicial proceeding the truth
respecting a matter of fact.
R128 S2 Section 2. Scope. — The rules of
evidence shall be the same in all
courts and in all trials and hearings,
except as otherwise provided by
law or these rules.
R128 S3 Section 3. Admissibility of
evidence. — Evidence is admissible
when it is relevant to the issue and
Section 1. Evidence defined. – There are no specific amendments to Rule 128
Evidence is the means, sanctioned respecting electronic filing and service.
by these rules, of ascertaining in a
judicial proceeding the truth
respecting a matter of fact.
Section 2. Scope. — The rules of
evidence shall be the same in all
courts and in all trials and
hearings, except as otherwise
provided by law or these rules.
Section 3. Admissibility of
evidence. — Evidence is admissible
when it is relevant to the issue and

1
 is not excluded by the law of these
rules.
R128 S4 Section 4. Relevancy; collateral
matters. — Evidence must have
such a relation to the fact in issue
as to induce belief in its existence
or non-existence. Evidence on
collateral matters shall not be
allowed, except when it tends in
any reasonable degree to establish
the probability or improbability of
the fact in issue.
R129 S1 Section 1. Judicial notice, when
mandatory. — A court shall take
judicial notice, without the
introduction of evidence, of the
existence and territorial extent of
states, their political history, forms
of government and symbols of
nationality, the law of nations, the
admiralty and maritime courts of
the world and their seals, the
political constitution and history of
the Philippines, the official acts of
legislative, executive and judicial
departments of the Philippines, the
laws of nature, the measure of
is not excluded by the Constitution,
the law or these Rules.
Section 4. Relevancy; collateral
matters. — Evidence must have
such a relation to the fact in issue
as to induce belief in its existence
or non-existence. Evidence on
collateral matters shall not be
allowed, except when it tends in
any reasonable degree to establish
the probability or improbability of
the fact in issue.
RULE 129
WHAT NEED NOT BE PROVED
Section 1. Judicial notice, when There are no specific amendments to Rule 129
mandatory. — A court shall take respecting electronic filing and service.
judicial notice, without the
introduction of evidence, of the
existence and territorial extent of
states, their political history, forms
of government and symbols of
nationality, the law of nations, the
admiralty and maritime courts of
the world and their seals, the
political constitution and history of
the Philippines, the official acts of
legislative, executive and judicial
departments of the National
Government of the Philippines, the
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 time, and the geographical laws of nature, the measure of
divisions. time, and the geographical
divisions.
R129 S2 Section 2. Judicial notice, when Section 2. Judicial notice, when
discretionary. — A court may take discretionary. — A court may take
judicial notice of matters which are judicial notice of matters which are
of public knowledge, or are capable of public knowledge, or are capable
to unquestionable demonstration, to unquestionable demonstration,
or ought to be known to judges or ought to be known to judges
because of their judicial functions. because of their judicial functions.
R129 S3 Section 3. Judicial notice, when Section 3. Judicial notice, when
hearing necessary. — During the hearing necessary. — During the
trial, the court, on its own initiative, pre-trial and the trial, the court,
or on request of a party, may motu proprio or upon motion, shall
announce its intention to take hear the parties on the propriety of
judicial notice of any matter and taking judicial notice of any
allow the parties to be heard matter.
thereon.
Before judgment or appeal, the
After the trial, and before judgment court, motu proprio or upon
or on appeal, the proper court, on motion, may take judicial notice of
its own initiative or on request of a any matter and shall hear the
party, may take judicial notice of parties thereon if such matter is
any matter and allow the parties to decisive of a material issue in the
be heard thereon if such matter is case.
decisive of a material issue in the
case.
R129 S4 Section 4. Judicial admissions. — Section 4. Judicial admissions. —
An admission, verbal or written, An admission, verbal or written,
made by the party in the course of made by the party in the course of
the proceedings in the same case, the proceedings in the same case,

3
 does not require proof. The
admission may be contradicted
only by showing that it was made
through palpable mistake or that
no such admission was made.
R130 S1 A. OBJECT (REAL) EVIDENCE
Section 1. Object as evidence. —
Objects as evidence are those
addressed to the senses of the
court. When an object is relevant to
the fact in issue, it may be
exhibited to, examined or viewed
by the court.
R130 S2 B. DOCUMENTARY EVIDENCE
Section 2. Documentary evidence.
— Documents as evidence consist
of writing or any material
containing letters, words,
numbers, figures, symbols or other
modes of written expression
offered as proof of their contents.
does not require proof. The
admission may be contradicted
only by showing that it was made
through palpable mistake or that
the imputed admission was not, in
fact, made.
RULE 130
RULES OF ADMISSIBILITY
A. OBJECT (REAL) EVIDENCE There are no specific amendments to Rule 130
(Sections 1 to 4) respecting electronic filing and
Section 1. Object as evidence. — service.
Objects as evidence are those
addressed to the senses of the
court. When an object is relevant
to the fact in issue, it may be
exhibited to, examined or viewed
by the court.
B. DOCUMENTARY EVIDENCE
Section 2. Documentary
evidence. — Documents as
evidence consist of writings,
recordings, photographs or any
material containing letters, words,
sounds, numbers, figures,
symbols, or their equivalent, or
other modes of written expression
offered as proof of their contents.
Photographs include still pictures,
4
 drawings, stored images, x-ray
films, motion pictures or videos.
R130 S3 1. Best Evidence Rule 1. Original Document Rule

Section 3. Original document Section 3. Original document

must be produced; exceptions. — must be produced; exceptions. —
When the subject of inquiry is the When the subject of inquiry is the
contents of a document, no contents of a document, writing,
evidence shall be admissible other recording, photograph or other
than the original document itself, record, no evidence is admissible
except in the following cases: other than the original document
itself, except in the following
(a) When the original has been lost cases:
or destroyed, or cannot be
produced in court, without bad (a) When the original is lost or
faith on the part of the offeror; destroyed, or cannot be produced
in court, without bad faith on the
(b) When the original is in the part of the offeror;
custody or under the control of the
party against whom the evidence is (b) When the original is in the
offered, and the latter fails to custody or under the control of the
produce it after reasonable notice; party against whom the evidence
is offered, and the latter fails to
(c) When the original consists of produce it after reasonable notice,
numerous accounts or other or the original cannot be obtained
documents which cannot be by local judicial processes or
examined in court without great procedures;
loss of time and the fact sought to
be established from them is only (c) When the original consists of
the general result of the whole; and numerous accounts or other
documents which cannot be

5
 (d) When the original is a public examined in court without great
record in the custody of a public loss of time and the fact sought to
officer or is recorded in a public be established from them is only
office. the general result of the whole;

(d) When the original is a public

record in the custody of a public
officer or is recorded in a public
office; and

(e) When the original is not

closely-related to a controlling
issue.
R130 S4 Section 4. Original of document. Section 4. Original of document.
— —

(a) The original of the document is (a) An “original” of a document is

one the contents of which are the the document itself or any
subject of inquiry. counterpart intended to have the
same effect by a person executing
(b) When a document is in two or or issuing it. An “original” of a
more copies executed at or about photograph includes the negative
the same time, with identical or any print therefrom. If data is
contents, all such copies are stored in a computer or similar
equally regarded as originals. device, any printout or other
output readable by sight or other
(c) When an entry is repeated in means, shown to reflect the data
the regular course of business, one accurately, is an “original.
being copied from another at or
near the time of the transaction, all (b) A “duplicate” is a counterpart
produced by the same impression

6
 the entries are likewise equally as the original, or from the same
regarded as originals. matrix, or by means of
photography, including
enlargements and miniatures, or
by mechanical or electronic re-
recording, or by chemical
reproduction, or by other
equivalent techniques which
accurately reproduce the original.

(c) A duplicate is admissible to the

R130 S5 Section 5. When original
document is unavailable. — When
the original document has been lost
or destroyed, or cannot be
produced in court, the offeror,
upon proof of its execution or
existence and the cause of its
unavailability without bad faith on
his part, may prove its contents by
a copy, or by a recital of its
contents in some authentic
document, or by the testimony of
witnesses in the order stated. (4a)
same extent as an original unless
(1) a genuine question is raised as
to the authenticity of the original,
or (2) in the circumstances, it is
unjust or inequitable to admit the
duplicate in lieu of the original.
Section 5. When original The old provision was amended to address
document is unavailable. — When gender sensitivity.
the original document has been
lost or destroyed, or cannot be (N.B. In crafting the OSG EFS uniform rules, and
produced in court, the offeror, pursuant to CSC Memorandum Circular No. 12,
upon proof of its execution or gender inclusive language should likewise be
existence and the cause of its adopted.)
unavailability without bad faith on
his or her part, may prove its
contents by a copy, or by a recital
of its contents in some authentic
document, or by the testimony of
witnesses in the order stated. (5a)

7
R130 S6 Section 6. When original
document is in adverse party's
custody or control. — If the
document is in the custody or
under the control of adverse party,
he must have reasonable notice to
produce it. If after such notice and
after satisfactory proof of its
existence, he fails to produce the
document, secondary evidence
may be presented as in the case of
its loss. (5a)
R130 S7
Section 6. When original
document is in adverse party's
custody or control. — If the
document is in the custody or
under the control of adverse party,
he or she must have reasonable
notice to produce it. If after such
notice and after satisfactory proof
of its existence, he or she fails to
produce the document, secondary
evidence may be presented as in
the case of its loss. (6a)
Section 7. Summaries. – When
the contents of the documents,
records, photographs, or
numerous accounts are
voluminous and cannot be
examined in court without great
loss of time, and the fact sought to
be established is only the general
result of the whole, the contents of
such evidence may be presented in
the form of a chart, summary, or
calculation.
The originals shall be available for
examination or copying, or both,
by the adverse party at a
reasonable time and place. The
court may order that they be
produced in court. (n)
The 1997 provision was amended to address
gender sensitivity.
New provision. This provision is somewhat an
exception to the Best Evidence Rule provided in
Rule 130, Section 3(c) of the Rules on Evidence. A
summary, chart, or calculation of the contents of
voluminous records may be presented in lieu of the
said originals of the documents, records,
photographs, or numerous accounts.
(N.B. The OSG EFS UR, may include criteria when
documentary evidence may be deemed
voluminous and a chart, summary, or calculation
shall be presented in court instead. Likewise, the
OSG EFS UR may provide samples of chart,
summary and calculation for this purpose. On the
other hand, considering that the provision
categorically states that the original document is
subject to examination by the adverse party, a soft
copy of the voluminous documents/records should
always be readily available, i.e., stored in CD or
8

R130 S8 Section 7. Evidence admissible
when original document is a public
record. — When the original of
document is in the custody of
public officer or is recorded in a
public office, its contents may be
proved by a certified copy issued by
the public officer in custody
thereof. (2a)
R130 S9 Section 8. Party who calls for
document not bound to offer it. —
A party who calls for the production
of a document and inspects the
same is not obliged to offer it as
evidence. (6a)
R130 S10 Section 9. Evidence of written
agreements. — When the terms of
an agreement have been reduced
to writing, it is considered as
containing all the terms agreed
upon and there can be, between
the parties and their successors in
interest, no evidence of such terms
other than the contents of the
written agreement.
However, a party may present
evidence to modify, explain or add
cloud for examination of the adverse party, if
convenient, otherwise the soft copy may be
prepared on a case to case basis as needed.)
Section 8. Evidence admissible The new Section 8 is a renumbering of Rule 130,
when original document is a public Section 7 of the 1997 Rules.
record. — When the original of
document is in the custody of
public officer or is recorded in a
public office, its contents may be
proved by a certified copy issued
by the public officer in custody
thereof. (7)
Section 9. Party who calls for The new Section 9 is a renumbering of Rule 130,
document not bound to offer it. — Section 8 of the 1997 Rules.
A party who calls for the
production of a document and
inspects the same is not obliged to
offer it as evidence. (8)
Section 10. Evidence of written The new Section 10 is a renumbering of Rule 130,
agreements. — When the terms of Section 9 of the 1997 Rules.
an agreement have been reduced
to writing, it is considered as The old provision was amended to address gender
containing all the terms agreed sensitivity. Likewise, under the new provision,
upon and there can be, between when a party modifies, explains or adds to the
the parties and their successors in terms of the agreement, it is now required that
interest, no evidence of such terms said pleading which seeks to modify, explain,
other than the contents of the or add to the terms of an existing written
written agreement. agreement, must be verified. Thus, the
pleading must now be accompanied by an affidavit
However, a party may present stating that the affiant read the pleading and that
evidence to modify, explain or add
9
 to the terms of written agreement to the terms of written agreement the allegations therein are true and correct to the
if he puts in issue in his pleading: if he or she puts in issue in a best of his or her knowledge and belief.
verified pleading:
(a) An intrinsic ambiguity, (N.B. The EFS UR may provide a template affidavit
mistake or imperfection in the (a) An intrinsic ambiguity, for this purpose.)
written agreement; mistake or imperfection in the
written agreement; This additional requirement seeks to deter those
(b) The failure of the written who might want to contest a written agreement,
agreement to express the true (b) The failure of the written under the pain of perjury, merely for the purpose
intent and agreement of the agreement to express the of evading their obligations stated under the
parties thereto; true intent and agreement of written agreement or harassing the other party to
the parties thereto; such agreement.
(c) The validity of the written
agreement; or (c) The validity of the written
agreement; or
(d) The existence of other terms
agreed to by the parties or (d) The existence of other terms
their successors in interest agreed to by the parties or
after the execution of the their successors in interest
written agreement. after the execution of the
written agreement.
The term “agreement” includes
wills. (7a) The term “agreement” includes
wills. (9a)
R130 S11 Section 10. Interpretation of a Section 11. Interpretation of a The new Section 11 is a renumbering of Rule 130,
writing according to its legal writing according to its legal Section 10 of the 1997 Rules.
meaning. — The language of a meaning. — The language of a
writing is to be interpreted writing is to be interpreted
according to the legal meaning it according to the legal meaning it
bears in the place of its execution, bears in the place of its execution,

10
 unless the parties intended unless the parties intended
otherwise. (8) otherwise. (10)
R130 S12 Section 11. Instrument construed Section 12. Instrument construed The new Section 12 is a renumbering of Rule 130,
so as to give effect to all provisions. so as to give effect to all Section 11 of the 1997 Rules.
— In the construction of an provisions. — In the construction
instrument, where there are of an instrument, where there are
several provisions or particulars, several provisions or particulars,
such a construction is, if possible, such a construction is, if possible,
to be adopted as will give effect to to be adopted as will give effect to
all. (9) all. (11)
R130 S13 Section 12. Interpretation Section 13. Interpretation The new Section 13 is a renumbering of Rule 130,
according to intention; general and according to intention; general and Section 12 of the 1997 Rules.
particular provisions. — In the particular provisions. — In the
construction of an instrument, the construction of an instrument, the
intention of the parties is to be intention of the parties is to be
pursued; and when a general and a pursued; and when a general and
particular provision are a particular provision are
inconsistent, the latter is inconsistent, the latter is
paramount to the former. So a paramount to the former. So a
particular intent will control a particular intent will control a
general one that is inconsistent general one that is inconsistent
with it. (10) with it. (12)
R130 S14 Section 13. Interpretation Section 14. Interpretation The new Section 14 is a renumbering of Rule 130,
according to circumstances. — For according to circumstances. — For Section 13 of the 1997 Rules. The old provision
the proper construction of an the proper construction of an was amended to address gender sensitivity.
instrument, the circumstances instrument, the circumstances
under which it was made, including under which it was made, including
the situation of the subject thereof the situation of the subject thereof
and of the parties to it, may be and of the parties to it, may be
shown, so that the judge may be shown, so that the judge may be
placed in the position of those who

11
 placed in the position of those who language he or she is to interpret.
language he is to interpret. (11) (13a)
R130 S15 Section 14. Peculiar signification Section 15. Peculiar signification The new Section 15 is a renumbering of Rule 130,
of terms. — The terms of a writing of terms. — The terms of a writing Section 14 of the 1997 Rules.
are presumed to have been used in are presumed to have been used in
their primary and general their primary and general
acceptation, but evidence is acceptation, but evidence is
admissible to show that they have admissible to show that they have
a local, technical, or otherwise a local, technical, or otherwise
peculiar signification, and were so peculiar signification, and were so
used and understood in the used and understood in the
particular instance, in which case particular instance, in which case
the agreement must be construed the agreement must be construed
accordingly. (12) accordingly. (14)
R130 S16 Section 15. Written words control Section 16. Written words control The new Section 16 is a renumbering of Rule 130,
printed. — When an instrument printed. — When an instrument Section 15 of the 1997 Rules.
consists partly of written words and consists partly of written words
partly of a printed form, and the and partly of a printed form, and
two are inconsistent, the former the two are inconsistent, the
controls the latter. (13) former controls the latter. (15)
R130 S17 Section 16. Experts and Section 17. Experts and The new Section 17 is a renumbering of Rule 130,
interpreters to be used in interpreters to be used in Section 16 of the 1997 Rules.
explaining certain writings. — explaining certain writings. —
When the characters in which an When the characters in which an
instrument is written are difficult to instrument is written are difficult to
be deciphered, or the language is be deciphered, or the language is
not understood by the court, the not understood by the court, the
evidence of persons skilled in evidence of persons skilled in
deciphering the characters, or who deciphering the characters, or who
understand the language, is understand the language, is
admissible to declare the admissible to declare the

12
 characters or the meaning of the
language. (14)
R130 S18 Section 17. Of Two constructions,
which preferred. — When the terms
of an agreement have been
intended in a different sense by the
different parties to it, that sense is
to prevail against either party in
which he supposed the other
understood it, and when different
constructions of a provision are
otherwise equally proper, that is to
be taken which is the most
favorable to the party in whose
favor the provision was made. (15)
R130 S19 Section 18. Construction in favor
of natural right. — When an
instrument is equally susceptible of
two interpretations, one in favor of
natural right and the other against
it, the former is to be adopted. (16)
R130 S20 Section 19. Interpretation
according to usage. — An
instrument may be construed
according to usage, in order to
determine its true character. (17)
R130 S21 Section 20. Witnesses; their
qualifications. — Except as
provided in the next succeeding
characters or the meaning of the
language. (16)
Section 18. Of Two constructions, The new Section 18 is a renumbering of Rule 130,
which preferred. — When the Section 17 of the 1997 Rules. The old provision
terms of an agreement have been was amended to address gender sensitivity.
intended in a different sense by the
different parties to it, that sense is
to prevail against either party in
which he or she supposed the
other understood it, and when
different constructions of a
provision are otherwise equally
proper, that is to be taken which is
the most favorable to the party in
whose favor the provision was
made. (17a)
Section 19. Construction in favor The new Section 19 is a renumbering of Rule 130,
of natural right. — When an Section 18 of the 1997 Rules.
instrument is equally susceptible of
two interpretations, one in favor of
natural right and the other against
it, the former is to be adopted.
(18)
Section 20. Interpretation The new Section 20 is a renumbering of Rule 130,
according to usage. — An Section 19 of the 1997 Rules.
instrument may be construed
according to usage, in order to
determine its true character. (19)
Section 21. Witnesses; their The new Section 21 is a renumbering of Rule 130,
qualifications. — Except as Section 20 of the 1997 Rules.
provided in the next succeeding
13
section, all persons who can
perceive, and perceiving, can make
their known perception to others,
may be witnesses.
Religious or political belief, interest
in the outcome of the case, or
conviction of a crime unless
otherwise provided by law, shall
not be ground for disqualification.
(18a)
section, all persons who can •
perceive, and perceiving, can
make their known perception to
others, may be witnesses.
Religious or political belief, interest
in the outcome of the case, or
conviction of a crime unless
otherwise provided by law, shall
not be ground for disqualification.
(20)
• Under Section 21, anyone can be a witness as
• The omitted phrase “Except as provided in the
Sections 20 and 21, Rule 130 of the 1989
Revised Rules on Evidence became Section 21,
Rule 130 of the 2019 Proposed Amendments to
the Revised Rules on Evidence. The first
paragraph of Section 20, particularly the
qualifying phrase “[e]xcept as provided in the
next succeeding section” was omitted, but
retained the rest of the provision pertaining to
religious or political belief, interest in the
outcome of the case or conviction of a crime,
including the exception “unless otherwise
provided by law, shall not be a ground for
disqualification”.
long as he/she is capable of perceiving and
making known his/her perception to others. The
exception is when existing laws expressly
provide for the disqualification of the witness
based on his/her religious or political belief,
interest in the outcome of the case or conviction
of a crime.
next succeeding section” refers to
disqualification by reason of mental incapacity
or immaturity under Section 21 of the 1989
Revised Rules on Evidence. The proposed
amendment no longer considers mental
incapacity or immaturity as a disqualification on
who can be a witness thereby elimination all
grounds of incompetency not specifically
14
 recognized under the Rules. This also echoes
the recent development in our jurisprudence
where in People v. Quintos,1 the Court,
citing People v. Monticalvo,2 explained that
the victim's mental condition does not by itself
make her testimony incredible, as long as she
can recount her experience in a straightforward,
spontaneous, and believable manner. Thus, the
deletion of Section 21, Rule 130 of the 1989
Revised Rules on Evidence, did not only prevent
redundancy, but also applied the recent
jurisprudence on the issue.
Section 21. Disqualification by Deleted provision.
reason of mental incapacity or
immaturity. — The following The proposed amendment highlights more on the
persons cannot be witnesses: positive side pertaining to the qualifications of a
witness rather than on the negative side that deals
(a) Those whose mental more on the disqualifications. Taking the above
condition, at the time of into account, no substantial amendment has been
their production for introduced into the new Section 21, Rule 130 of
examination, is such that the proposed amendments to the 1989 Revised
they are incapable of Rules on Evidence.
intelligently making
known their perception to With the enactment of A.M. No. 004-07-SC,
others; otherwise known as the Rule on the Examination
of a Child Witness, said provision has been
Children whose mental maturity is deemed obsolete. Under the said Rules, a “Child
such as to render them incapable of Witness” is any person who at the time of giving
perceiving the facts respecting testimony is below the age of eighteen (18) years;

1
G.R. No. 199402, November 12, 2014.
2
G.R. No. 193507, January 30, 2013

15
 which they are examined and of
relating them truthfully. (19a)
R130 S22 Section 36. Testimony generally
confined to personal knowledge;
hearsay excluded. — A witness can
testify only to those facts which he
knows of his personal knowledge;
that is, which are derived from his
own perception, except as
otherwise provided in these rules.
Section 22. Testimony confined to
personal knowledge. - A witness
can testify only to those facts
which he or she knows of his or her
personal knowledge; that is, which
are derived from his or her own
perception. (36a)
and, in child abuse cases, a child includes one over
eighteen (18) years but is found by the court as
unable to fully take care of himself or protect
himself from abuse, neglect, cruelty, exploitation,
or discrimination because of a physical or mental
disability or condition.
(N.B. Depending on the ability of a person with
mental condition or a minor to intelligently make
known their perception to others; or their
capability to perceive facts in relation to the
subject of inquiry; and in narrating them truthfully,
persons/minors with mental condition and
immaturity may be presented as witness.
Provision transposed from Rule 130, Section 36 of
the 1997 Rules. The old provision was amended to
address gender sensitivity.
• Section 36 of the Old Rules on Evidence was
transposed to Section 22 of the Proposed Rules
on Evidence with minor amendments in its
language to conform with Gender and
Development (GAD) standards.
• Further, in the new Section 22, the words
“generally…, hearsay excluded” were deleted.
Also, the phrase “except as otherwise provided
in these rules” found in the old section was
removed. These are minor amendments
because the deletions are mere redundancies.
16

R130 S23 Section 22. Disqualification by
reason of marriage. — During their
marriage, neither the husband nor
the wife may testify for or against
the other without the consent of
the affected spouse, except in a
civil case by one against the other,
or in a criminal case for a crime
committed by one against the other
or the latter's direct descendants or
ascendants. (20a)
Section 23. Disqualification by •
reason of marriage. – During their
marriage, the husband or the wife
cannot testify against the other
without the consent of the affected
spouse, except in a civil case by
one against the other, or in a
criminal case for a crime
committed by one against the •
other or the latter's direct
descendants or ascendants. (22a)
• Under Section 23 of the Proposed Rules, the
No substantial revision or amendment has been
introduced into this section.
The new Section 23 is a renumbering of Rule
130, Section 22 of the 1997 Rules. Formerly
couched in the negative language, the provision
has been amended to emphasize the
general rule that spouses cannot testify
against each other during the existence of their
marriage.
The new Section 23 is a reiteration of the old
Section 22 except for a few minor revisions. The
conjunctions “neither, nor” were dropped and
the phrase “may testify for” was changed to
“cannot testify”. The revisions tend to highlight
the intent to make the provisions of the new
Rules more active, direct, straightforward and
grammatically correct. The use of the
conjunction “or”, i.e. “husband or the wife” is
the necessary consequence for the dropping of
the conjunctions “neither, nor”, i.e. “neither the
husband nor the wife”. Whereas the conjunction
“for” in the phrase “testify for” was dropped in
the new provision to make it grammatically
correct by virtue of the revisions.
husband or the wife cannot testify against the
other, except when one of them gives his/her
consent. The above exception, however, does
not apply in a civil case filed by one against the
other or in a criminal case for a crime
17
 committed by one against the other or the
latter’s direct descendants or ascendants, such
as violation of Republic Act (R.A.) No. 7610,
otherwise known as “Special Protection of
Children Against Abuse, Exploitation and
Discrimination Act” and R.A. No. 9262, also
known as “Anti-Violence against Women and
their Children Act”, among others.
Section 23. Disqualification by Provision transposed to the new Section 39 as an
reason of death or insanity of exception to the hearsay rule.
adverse party. — Parties or
assignor of parties to a case, or
persons in whose behalf a case is
prosecuted, against an executor or
administrator or other
representative of a deceased
person, or against a person of
unsound mind, upon a claim or
demand against the estate of such
deceased person or against such
person of unsound mind, cannot
testify as to any matter of fact
occurring before the death of such
deceased person or before such
person became of unsound mind.
(20a)
R130 S24 Section 24. Disqualification by Section 24. Disqualification by • Section 24 of the proposed amendments
reason of privileged reason of privileged deals with the disqualification of a witness by
communication. — The following communications. – The following reason of privileged communications.
persons cannot testify as to persons cannot testify as to

18
matters learned in confidence in matters learned in confidence in • It enumerates the persons who cannot
the following cases: the following cases: testify as to matters learned in confidence in
the following cases:
(a) The husband or the wife, (a) The husband or the wife,
during or after the marriage, during or after the marriage, • (a) The husband or the wife cannot be
cannot be examined without cannot be examined without examined as to any communication received
the consent of the other as to the consent of the other as to by one from the other during the existence
any communication received any communication received of the marriage, except in a civil case or in a
in confidence by one from the in confidence by one from the criminal case as earlier mentioned in Section
other during the marriage other during the marriage 21.
except in a civil case by one except in a civil case by one
against the other, or in a against the other, or in a • b) An attorney, including any person
criminal case for a crime criminal case for a crime reasonably believed by the client to be
committed by one against the committed by one against the licensed in the practice of law, cannot be
other or the latter's direct other or the latter's direct examined as to any communication made by
descendants or ascendants; descendants or ascendants. the client to him/her, or his/her advice given
to the client in the course of such
(b) An attorney cannot, without (b) An attorney or person professional engagement without the
the consent of his client, be reasonably believed by the consent of the client. The disqualification
examined as to any client to be licensed to extends to the attorney’s secretary,
communication made by the engage in the practice of law stenographer, or clerk, or other persons
client to him, or his advice cannot, without the consent of assisting the attorney. The general rule is
given thereon in the course of, the client, be examined as to that these persons are disqualified to testify
or with a view to, professional any communication made by on facts the knowledge of which was
employment, nor can an the client to him or her, or his acquired in such capacity, except when the
attorney's secretary, or her advice given thereon in client and the attorney give their consent.
stenographer, or clerk be the course of, or with a view
examined, without the consent to, professional employment, • The inclusion of persons reasonably believed
of the client and his employer, nor can an attorney's by the client to be licensed in the practice of
concerning any fact the secretary, stenographer, or law aims to protect the client from persons
knowledge of which has been clerk, or other persons who misrepresent themselves as lawyers or
acquired in such capacity; assisting the attorney be members of the Integrated Bar of the

19
 examined without the consent Philippines and later testify against the client
(c) A person authorized to of the client and his or her as to communications learned by him/her in
practice medicine, surgery or employer, concerning any fact confidence and in the process invoke that
obstetrics cannot in a civil the knowledge of which has he/she is not covered by the disqualification
case, without the consent of been acquired in such as the same applies only to an attorney. This
the patient, be examined as to capacity, except in the safeguard applies to the attorney’s
any advice or treatment given following cases: secretary, stenographer or clerk, or other
by him or any information persons assisting him.
which he may have acquired in (i) Furtherance of crime or
attending such patient in a fraud. If the services or • The above exception, however, does not
professional capacity, which advice of the lawyer were apply in the following cases:
information was necessary to sought or obtained to
enable him to act in capacity, enable or aid anyone to 1) In furtherance of crime or fraud. The
and which would blacken the commit or plan to commit attorney-client privilege does not extend
reputation of the patient; what the client knew or to cases where the client sought the
reasonably should have services of an attorney to enable or aid
(d) A minister or priest cannot, known to be a crime or anyone to commit or plan to commit what
without the consent of the fraud; the client knew or reasonably should have
person making the confession, known to be a crime or fraud. In Genato
be examined as to any (ii) Claimants through same v. Silapan,3 it was held that attorney-
confession made to or any deceased client. As to a client privilege does not extend to
advice given by him in his communication relevant communications made in contemplation
professional character in the to an issue between of a crime or perpetration of a fraud.4
course of discipline enjoined parties who claim through
by the church to which the the same deceased client, In his dissenting opinion in the case of
minister or priest belongs; regardless of whether the Sandiganbayan vs. Regala, Justice Puno
claims are by testate or enunciated that this privilege must not be used
as a shield to the commission of a crime or

3
A.C. No. 4078, 14 July 2003.
4
This is in consonance with the provisions of Rule 1.01, Canon 1 of the Code of Professional Responsibility which prohibits lawyers from engaging in, inter alia, unlawful conduct. Of similar
import is Rule 1.02 of the same Canon which enjoins lawyers from counselling or abetting activities aimed at defiance of the law or at lessening confidence in the legal system.

20
 (e) A public officer cannot be intestate or by inter vivos fraud. Communications to an attorney having
examined during his term of transaction; for their object the commission of a crime
office or afterwards, as to partake in the nature of conspiracy and it is not
communications made to him (iii) Breach of duty by lawyer only lawful to divulge such communications, but
in official confidence, when the or client. As to a under certain circumstances it might become
court finds that the public communication relevant the duty of an attorney to do so. The interests
interest would suffer by the to an issue of breach of of public justice require that no such shied from
disclosure. (21a) duty by the lawyer to his merited exposure shall be interposed to protect
or her client, or by the a person who takes counsel how he can safely
client to his or her commit a crime. The relation of attorney and
lawyer; client cannot exist for the purpose of counsel in
concocting crimes. (see Regala vs.
(iv) Document attested by the Sandiganbayan).
lawyer. As to a
communication relevant (2) In cases where several claimants
to an issue concerning an claim through the same deceased client.
attested document to The relaxation on the disqualification by
which the lawyer is an the attorney, persons under his employ,
attesting witness; or or persons assisting him, to testify as to
communication that is relevant to the fact
(v) Joint clients. As to a in issue between or among the parties or
communication relevant claimants through the same deceased
to a matter of common client is in keeping with the overriding
interest between two or policy in succession law to respect the will
more clients if the of the testator or inter vivos donor (or at
communication was made least the presumed will of the
by any of them to a decedent)5—in this context. The rationale
lawyer retained or in the relaxation of the disqualification
consulted in common, has for its object the fair, transparent and

5
The will of the testator clearly and explicitly stated must be respected and complied with as an inviolable law among the parties in interest. (Benedicto v. Javellana, G.R. No. L-3751, 21 February
1908)

21
 when offered in an action
between any of the
clients, unless they have
expressly agreed
otherwise.
(c) A physician, psychotherapist
or person reasonably believed
by the patient to
be authorized to practice
medicine or psychotherapy
cannot in a civil case, without
the consent of the patient, be
examined as to any
confidential communication
made for the purpose of
diagnosis or treatment of the
patient's physical, mental or
emotional condition, including
alcohol or drug addiction,
between the patient and his or
her physician or
psychotherapist. This privilege
also applies to persons,
including members of the
patient's family, who have
participated in the diagnosis or
treatment of the patient under
the direction of the physician
or psychotherapist.
6
See Cabang v. Delfinado, G.R. No. L-8954, 21 March 1916.
smooth distribution of the decedent’s
estate, including inter vivos transactions.
(3) Breach of duty by lawyer or client. Any
breach of duty, either by the counsel or
client, renders any communication or
information acquired or received in
confidence outside of the mantle of
attorney-client privilege, as long as the
said communication or information is
relevant to the fact in issue. Here, by
reason of the breach of duty, the tie that
binds the parties no longer exists and
each one can divulge said confidential
information as part of his/her claims and
defenses.
(4) Document attested by the lawyer. In
cases where an attorney signs the
document in his capacity as an attesting
witness, the prohibition does not apply.
The idea behind the requirement for an
attesting witness is to prove the due
execution of the document attested to.6
To invoke the attorney-client privilege in
this regard is inconsistent with the duties
reposed upon an attesting witness who
happens to be a lawyer. Besides, the
lawyer in this case did not act as counsel
for both parties to the document, but only
22
 as a witness who is duty bound to testify
A “psychotherapist” is: on matters of his own personal
knowledge, particularly in connection
(a) A person licensed to with the execution of the document.
practice medicine
engaged in the diagnosis
or treatment of a mental (5) Joint clients. The lawyer obtained
or emotional condition, confidential information or
or communication relevant to a matter of
common interest between two or more
(b) A person licensed as a clients who retained or consulted him in
psychologist by the common. The new rule provides that the
government while lawyer can testify on this confidential
similarly engaged. communication or information since only
he/she can make known the truth about
(d) A minister, priest or person the fact in issue between any of the
reasonably believed to be so clients, except when the parties have
cannot, without the consent of expressly agreed that the counsel shall be
the affected person, be prohibited from testifying as a witness as
examined as to any to the matter he learned or received in
communication or confession confidence from them.
made to or any advice given
by him or her, in his or her • RELEVANT RULES AND JURISPRUDENCE:
professional character, in the
course of discipline enjoined (1) The exception to the definition of
“covered persons”7 provided under the Anti-

7
Under the AMLA, “covered persons” shall exclude lawyers in relation to confidential information gained from attorney-client relationship, to wit:

“Notwithstanding the foregoing, the term “covered persons” shall exclude lawyers and accountants acting as independent legal professionals in relation to information concerning their clients or where
disclosure of information would compromise client confidences or the attorney-client relationship: Provided, that these lawyers and accountants are authorized to practice in the Philippines and
shall continue to be subject to the provisions of their respective codes of conduct and/or professional responsibility or any of its amendments.

23
 by the church to which the Money Laundering Act of 2001, as amended
minister or priest belongs. by R.A. No. 9194 and R.A. No. 10167 (the
AMLA, as amended) shall be deemed
(e) A public officer cannot be amended. Following the effectivity of the
examined during or after his or Amendments to the Revised Rules on
her tenure as Evidence, “covered persons” under the AMLA
to communications made to shall likewise include lawyers whether or not
him or her in official they are authorized to practice law in the
confidence, when the court Philippines, provided that they are
finds that the public interest “reasonably believed by the client to be
would suffer by the disclosure. licensed to practice law”, in relation to
information concerning their clients.
The communication shall remain
privileged, even in the hands of a (2) In Regala v. Sandiganbayan,8
third person who may have petitioners are partners of a law firm
obtained the information, provided allegedly engaged by Eduardo Cojuanco to
that the original parties to the organize corporations and serve as
communication took reasonable nominees thereof. The said transaction was
precaution to protect its the subject of a case filed by the Presidential
confidentiality. (24a) Commission on Good Governance (PCGG)
for the recovery of ill-gotten wealth against
Cojuanco. The PCGG impleaded petitioners
as defendants in the said case and will only
be dropped as defendants if (a) they will
disclose the identity of their clients, (b)
submit documents substantiating the
lawyer-client relationship, and (c) submit the
deeds of assignments that petitioners

“Independent legal professional” are lawyers and accountants working in a private firm or sole practitioner who by way of business provides purely legal or notarial services to their clients.”
8
G.R. Nos. 105938 & 108113, September 20, 1996.

24
executed in favor of their clients. Petitioners
refused to accede to the conditions, invoking
the lawyer-client privilege.

In ruling in favor of petitioners, the Supreme

Court held that a lawyer may not invoke the
privilege of communication and may refuse
to divulge the name or identity of his client,
except when (a) there is a strong probability
that revealing the client’s name would
implicate that client in the very activity for
which he sought the lawyer’s advice; (b)
where disclosure would open the client to
civil liability; and (c) where the
government’s lawyers have no case against
an attorney’s client unless, by revealing the
client’s name, the said name would furnish
the only link that would form the chain of
testimony necessary to convict an individual
of a crime. The Supreme Court ruled that the
first and third exceptions apply in the case,
thereby ordering the Sandiganbayan to
exclude petitioners as parties-defendants in
the case of ill-gotten wealth.

In ruling such, the Supreme Court relied on

various provisions of the Rules of Court and
Code of Professional Responsibility (CPR) on
attorney-client privilege, particularly Sec. 24
of Rule 130 and Section 20 of Rule 138, and
Canons 15 and 17 of the CPR.

25
 With the current Amendments to the Revised
Rules on Evidence, the Supreme Court
revisited its previous ruling, thereby
excluding from the privilege those
communications sought from a lawyer for
the furtherance of a crime or fraud. The
dissenting opinion of Justice Puno in Regala
is relevant, to wit:

xxx the attorney-client privilege can never

be used as a shield to commit a crime or a
fraud. Communications to an attorney
having for their object the commission of a
crime “…partake the nature of a conspiracy,
and it is not only lawful to divulge such
communications, but under certain
circumstances, it might become the duty of
the attorney to do so. The interests of public
justice require that no such shield from
merited exposure shall be interposed to
protect a person who takes counsel how he
can safely commit a crime. The relation of
attorney and client cannot exist for the
purpose of counsel in concocting crimes.”

• IN RELATION TO THE JUDICIAL AFFIDAVIT

RULE

Section 24 (b), Rule 130 of the 2019

Proposed Amendments to the Revised Rules
on Evidence pertains to disqualification of

26
“(a)n attorney or person reasonably believed
by the client to be licensed to engage in the
practice of law cannot, without the consent
of the client, be examined as to any
communication made by the client to him or
her, or his or her advice given thereon in the
course of, or with a view to, professional
employment, nor can an attorney's
secretary, stenographer, or clerk, or other
persons assisting the attorney to be
examined, without the consent of the client
and his or her employer, concerning any fact
the knowledge of which has been acquired in
such capacity.

Meanwhile, Section 4 of A.M. No. 12-8-8-SC

or the “Judicial Affidavit Rule” provides for
the attestation made by a lawyer, who
conducted or supervised the examination of
a witness to the effect that: (1) He faithfully
recorded or caused to be recorded the
questions he asked and the corresponding
answers that the witness gave; and (2)
Neither he nor any other person then present
or assisting him coached the witness
regarding the latter's answers.

The expansion of the privilege under

Section 24 (b), Rule 130 to include “…a
person reasonably believed by the client to
be licensed to engage in the practice of law”
does not necessarily expand the

27
 coverage of Section 4 of the Judicial
Affidavit Rule.

The proposed amendment to include

persons reasonably believed by the client to
be licensed to engage in the practice of law,
as well as those who assisted the lawyer,
does not expand the functions that are
reserved to lawyers only under the
Judicial Affidavit Rule. It only expanded
the coverage of those who are disqualified to
testify by reason of privileged
communication since in reality and in the
ordinary course of practice, it is undeniable
that there are instances when it is not just
the lawyers who are privy to the case. They
are normally assisted by their secretaries
and even messengers might have access to
important documents and thus have
knowledge regarding the facts and
circumstances of a case.

The amendment introduced and prevented the

situation wherein persons not specifically included
will indirectly testify against another,
circumventing the very essence of the privileged
communication afforded to attorneys and their
clients under the Rules.

• Under Section 24(c), the Proposed Rules define

the metes and bounds of the physician-patient
confidentiality in clearer language and extends

28
 its coverage to “a person reasonably believed
by the patient to be a physician or
psychotherapist” as well as the patient’s family
members who have participated in the
diagnosis or treatment of the patient under the
direction of the physician or psychotherapist.
(For ready reference, the Amended Rules define
who a "psychotherapist" is.)

The inclusion of a psychologist is an

amendment in a new direction considering that
a psychologist is not licensed to practice
medicine, even though the nature of their job is
almost the same as that of a psychiatrist.
Persons and the members of the family who
participated in the diagnosis or treatment are
rightly included in the privilege as these persons
may testify on matters which would not have
been allowed to be testified on by the physician.

• Section 24 (c) must be read in conjunction with

the Data Privacy Act of the Philippines of 2012
(DPA) and its Implementing Rules and
Regulations (IRR), where the enumerated
medical practitioners cannot, without the
consent of the patient, be examined for any
confidential information made for the purpose
of their diagnosis or treatment. Section 3 (k) of
the DPA of 2012 defines privileged
information as any and all forms of data which
under the Rules of Court and other pertinent
laws constitute privileged communication while

29
 sensitive personal information under
Section 3 (l)(2)9 of the same law includes the
individual’s health. Relatedly, Section 22 of the
IRR states that processing of sensitive personal
and privileged information is prohibited, except
on the following instances:

Section 22. Sensitive Personal

Information and Privileged
Information. The processing of
sensitive personal and privileged
information is prohibited, except in
any of the following cases:

a. Consent is given by data

subject, or by the parties to the
exchange of privileged information,
prior to the processing of the
sensitive personal information or
privileged information, which shall
be undertaken pursuant to a
declared, specified, and legitimate
purpose;

b. The processing of the sensitive

personal information or privileged

9
Section 3, Data Privacy Act of 2012.
(l) Sensitive personal information refers to personal information:
xxx
(2) About an individual’s health, education, genetic or sexual life of a person, or to any proceeding for any offense committed or alleged to have been committed by such person, the disposal of such
proceedings, or the sentence of any court in such proceedings;
xxx

30
 information is provided for by
existing laws and regulations:
Provided, that said laws and
regulations do not require the
consent of the data subject for the
processing, and guarantee the
protection of personal data;

c. The processing is necessary to

protect the life and health of
the data subject or another
person, and the data subject is not
legally or physically able to express
his or her consent prior to the
processing;
xxx

e. The processing is necessary

for the purpose of medical
treatment: Provided, that it is
carried out by a medical
practitioner or a medical treatment
institution, and an adequate level
of protection of personal data is
ensured; or
xxx

• This amendment expands the scope of

prohibition making the entire exchange
between priests/ministers and believers
completely confidential to promote and bolster
the right to privacy and freedom of religion.

31
 The so-called privilege of the confessional is
also extended to cover “person[s] reasonably
believed to be [a minister or priest,]” as a
measure of protection against persons who
misrepresent themselves as priests to obtain
sensitive information from others.

• Under Section 24(e) a public officer, during or

after his tenure of office cannot be examined as
to communications made to him/her in official
confidence especially when public interest
should suffer by the disclosure. Only a minor
amendment in words from “term of office” to
“tenure” is made. Term of office is defined as
the length of time a person serves in a
particular elected office, i.e. a president serves
only one term for six years, while senators may
serve for two terms that include a reelection.
Whereas, tenure of office is defined as the
length of time a person holds a position or
office.

• Finally, the rule dictates that privileged

communication shall not lose its privileged
character “even in the hands of third persons
who may have obtained the information,” so
long as the original parties to the
communication took “reasonable precaution to
protect its confidentiality.” From the language
of this paragraph, it is evident that the party
who invokes confidentiality against a third

32
 person has the onus to establish reasonable
precautions. This is a fair and reasonable
justification to avoid any leaks that a person in
bad faith can harm another.

In addition to the above, the following are likewise

notable amendments to Section 24 of the Rules on
Evidence:

(1) The old provision was amended to address

gender sensitivity.

(2) Paragraph (b) of Sec. 24 is now not only limited

to privileged communications with an attorney-
at-law. The provision now includes privileged
communications by a client with persons who
the client reasonably believed is licensed to
engage in the practice of law.

(3) Additionally, paragraph (b) is also amended to

the effect that the privilege is no longer
limited to the lawyer, secretary,
stenographer, or clerk of a firm. It now
includes other individuals employed or not
but assisted the lawyer or law firm.

(4) To avoid an abusive application of this

amendment, the Committee likewise provided

33
certain exceptions as reflected in the
excepting clause of paragraph (b). Said
provision may have been influenced by the
Rule 502 of the US Uniform Rules of Evidence,
the said rule provides for Attorney-Client
Privilege and its exceptions, to wit:

a) if the services 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 was a crime
or fraud;

b) 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 succession
or by transaction inter vivos;

c) as to a communication relevant to an issue

of breach of duty by a lawyer to the client or
by a client to the lawyer;

d) as to a communication necessary for a

lawyer to defend in a legal proceeding an
accusation that the lawyer assisted the client
in criminal or fraudulent conduct;

e) as to a communication relevant to an issue

concerning an attested document to which
the lawyer is an attesting witness;

34
 f) as to a communication relevant to a matter
of common interest between or among 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 or among any of the clients;
or

g) as to a communication between a public

officer or agency and its lawyers unless the
communication concerns a pending
investigation, claim, or action and the court
determines that disclosure will seriously
impair the ability of the public officer or
agency to act upon the claim or conduct a
pending investigation, litigation, or
proceeding in the public interest.

(5) The new Paragraph (c) of Section 24 resonates

Rule 503 of the US Uniform Rules of Evidence,
the said rule provides for the [psychotherapist]
[physician and psychotherapist] [physician and
mental-health provider] [mental-health
provider] – patient privilege.

(6) The amendment of Paragraph (d) of Section

24, now includes an individual who an affected
person believes in good faith to be a minister
or priest.

35

R130 S25 Section 25. Parental and filial Section 25. Parental and filial
privilege. — No person may be privilege. - No person shall be
compelled to testify against his compelled to testify against his or
parents, other direct ascendants, her parents, other direct
children or other direct ascendants, children or other
descendants. (20a) direct descendants, except when
such testimony is indispensable in
a crime against that person or by
one parent against the other.
(25a)
(7) The revision of Paragraph (e) of Section 24,
extends the effect of the privilege even until
the tenure of the public officer.
(8) The last paragraph of Sec. 24 of the amended
provision widens the scope of the privilege
towards third persons provided that the
original parties to the communication took the
necessary precaution to protect its
confidentiality.
• Section 25 refers to parental and filial
privilege. In this section, the word “may” was
changed to “shall” indicating its mandatory
nature.
Under the old provision, the disqualification by
reason of parental and filial privilege is
absolute, without any precondition or
qualification. In the proposed amendment,
however, this section provides an exception to
compel a witness to testify against his/her
parents, or direct ascendants, children or other
direct descendants, thus, the insertion of the
phrase “except when such testimony is
indispensable in a crime against that person or
by one parent against the other”. The
testimony of the witness is indispensable in a
criminal case, when the evidence of guilt
against the accused is weak and the testimony
of said witness is necessary to satisfy the
requisite quantum of evidence of proof beyond
36
 reasonable doubt. It is in this context that the
indispensable testimony of a witness against
that person or by one parent against the other
may be admitted as an exception to the
disqualification by reason of parental or filial
privilege.

It must be observed that the above exception

aims to achieve cooperation from parents for
the successful prosecution of criminal cases, as
well as to emphasize that a person’s interest in
a criminal prosecution is deemed more
important than the secrecy of communication.
By and large, the exception is considered just
and moral exception.

• Correlated with Section 23 of the new rules,

Section 25 introduces a major amendment as
this provides for the exception for the
prosecution of criminal cases such as violation
of Republic Act (R.A.) No. 7610 and R.A. No.
9262, among others.

• The old provision was amended to address

gender sensitivity. The new provision now
incorporates the jurisprudentially established
exception to the parental and filial privilege.

R130 S26 Section 26. Privilege relating to • The proposed Section 26 is a new section that
trade secrets. – A person cannot aims to protect trade secrets. In cases where

37
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 •
measures as the interest of the
owner of the trade secret and of
the parties and the furtherance of
justice may require. (n)
the disclosure of a trade secret is directed, the
court is mandatorily required to implement a
protective measure to ensure the protection of
trade secrets.
Privilege relating to trade secrets and its
exception is fair and in consonance with the free
trade laws of our country.
• Pertinently, the Revised Penal Code (RPC)
penalizes the revelation of industrial or trade
secrets of an employer by an employee. Also,
the Securities Regulation Code (SRC) prohibits
the Securities and Exchange Commission (SEC)
from requiring the revelation of trade secrets or
processes in any application, report or
documentation filed before it.
In corporate rehabilitation proceedings, the
Rules of Procedure on Corporate Rehabilitation
allow the court to issue an order to protect trade
secrets or other confidential research or
information of debtors.
The National Internal Revenue Code (NIRC) of
1997 likewise prohibits and punishes any
employee of the Bureau of Internal Revenue
(BIR) who shall divulge any confidential
information or trade secrets concerning the
business income or inheritance of any taxpayer.
38
 The Toxic Substances and Hazardous and
Nuclear Wastes Control Act of 1990, in turn,
limits the right of the public to information
through the access of records, reports or
information on chemical substances and
mixtures if those are confidential and would
ultimately result in the divulgence of trade
secrets.

From all the above, one thing is clear—trade

secrets are considered confidential information.
But there is a difference between confidential
information and privileged information.

In at least one case, Banco Filipino vs. Monetary

Board,10 the Supreme Court ruled that the
mere fact that law declares information
confidential does not mean that it is privileged
in nature. In layman’s terms, this means that,
when a matter is considered privileged, not
even a court of law can require it to be
presented in evidence.

Privileged matters are given special

treatment—a cloak of secrecy—in the interest
of higher policy. A good example is a
communication between husband and wife. The
Rules of Court explicitly protect the
communication from being presented in
evidence even if it is necessary to decide a

10
142 SCRA 523 [1986].

39
 pending case in the higher interest of protecting
the sanctity of the marriage.

So the question is: Are trade secrets privileged

information?

According to our jurisprudence, the answer is in

the affirmative.

In Air Philippines Corporation vs. Pennswell

Inc.,11 petitioner Air Philippines Corporation
was a domestic corporation engaged in the
business of air transportation services, whereas
respondent Pennswell Inc. was engaged in the
business of manufacturing and selling industrial
chemicals, solvents and special lubricants.

Pennswell sold and delivered to Air Philippines

Corporation sundry goods in trade. Air
Philippines refused to pay its outstanding
obligations to Pennswell, contending that it was
defrauded and deceived by Pennswell when the
latter merely altered the names and labels of
the goods that it had sold.
Pennswell filed a complaint for collection
against Air Philippines. During the trial, Air
Philippines filed a motion to compel Pennswell
to give a detailed list of the chemical
components and the ingredients used for the
products that were sold. Pennswell opposed the

11
G.R. NO. 172835. December 13, 2007.

40
motion for production, contending that the
requested information was a trade secret that it
could not be forced to disclose.

So, the issue in the case is whether the

requested information was privileged in nature.
The Supreme Court ruled that the ingredients
and chemical content of the product requested
by Air Philippines formed part of the trade
secrets of Pennswell.
Citing precedents, the Court held that because
of public policy, trade secrets are privileged and
the rules providing for the production and
inspection of books and papers do not authorize
their production in a court of law.

The Court further held that, like banking

transactions, trade secrets are among the
recognized restrictions to the right of the people
to information as exemplified in the
Constitution. In the context of the case at hand,
the Supreme Court reiterated that the
revelation of respondent’s trade secrets will
serve no better purpose to the disposition of the
case at bar, which actually involves a collection
of a sum of money.

Moving forward, the express judicial recognition

of trade secrets as privileged information is a
significant measure taken by the Supreme
Court to protect and enhance business in the
Philippines.

41
 After all, any successful product in the market
is founded on a trade secret, in one way or
another.
In the words of the high court, “[t]rade secrets
should receive greater protection from
discovery because they derive economic value
from being generally unknown and not readily
ascertainable by the public.”
For instance, Coca-Cola has been in possession
for almost 125 years of the trade secret behind
its successful beverage—Coke.

Other similar businesses likewise rely on trade

secrets to dominate or, at least, remain a key
player in the industry they are engaged in.

That is not to say that a blanket claim that

information is a trade secret will simply be
upheld by the courts.
While privileges receive a cloak of protection,
they are not expansively interpreted because
they hinder the search for truth. No less than
our Supreme Court has already made this
indication when, in a very carefully worded
cautionary note, it said that a claim of the
confidential nature of trade secrets must have
“substantial factual basis which can pass
judicial scrutiny.”12

12
Cocoland Development Corporation v. National Labor Relations Commission, July 17, 1996.

42

R130 S27 Section 26. Admission of a party.
— The act, declaration or omission
of a party as to a relevant fact may
be given in evidence against him.
(22)
R130 S28 Section 27. Offer of compromise
not admissible. — In civil cases, an
offer of compromise is not an
admission of any liability, and is not
admissible in evidence against the
offeror.
In criminal cases, except those
involving quasi-offenses (criminal
negligence) or those allowed by law
to be compromised, an offer of
compromised by the accused may
• This new provision is similar to Rule 507 of the
US Uniform Rules of Procedure, to wit:
RULE 507. TRADE SECRETS. A person has a
privilege, which may be claimed by the person
or the person’s agent or employee, to refuse to
disclose and to prevent other persons from
disclosing a trade secret owned by the person,
if the allowance of the privilege will not tend to
conceal fraud or otherwise work injustice. If
disclosure is directed, the court shall take such
protective measures as the interest of the
holder of the privilege and of the parties and the
interests of justice require.
Section 27. Admission of a party. Section 27. Admission of a party. Except for
- The act, declaration or omission complying with GAD by adding “or her”, no
of a party as to a relevant fact may substantial amendment has been introduced.
be given in evidence against him or
her. (26a)
Section 28. Offer of compromise • Section 28. Offer of compromise not admissible.
not admissible. - In civil cases, an The amendments reiterate that an offer of
offer of compromise is not an compromise in civil cases is not admissible in
admission of any liability, and is evidence, neither is evidence of conduct nor
not admissible in evidence against statements made in compromise negotiation
the offeror. Neither is evidence of admissible. However, in criminal cases,
conduct nor statements made in evidence otherwise discoverable or offered for
compromise negotiations another purpose may be admissible only to
admissible, except evidence prove bias or prejudice of a witness, to counter
otherwise discoverable or offered allegation of undue delay, or to prove an effort
for another purpose, such as to obstruct criminal investigation or
proving bias or prejudice of a prosecution.
43
 be received in evidence as an witness, negativing a contention of
implied admission of guilt. undue delay, or proving an effort
to obstruct a criminal investigation
A plea of guilty later withdrawn, or or prosecution.
an unaccepted offer of a plea of
guilty to lesser offense, is not In criminal cases, except those
admissible in evidence against the involving quasi-offenses (criminal
accused who made the plea or negligence) or those allowed by
offer. law to be compromised, an offer of
compromise by the accused may
An offer to pay or the payment of be received in evidence as an
medical, hospital or other expenses implied admission of guilt.
occasioned by an injury is not
admissible in evidence as proof of A plea of guilty later withdrawn or
civil or criminal liability for the an unaccepted offer of a plea of
injury. (24a) guilty to a lesser offense is not
admissible in evidence against the
accused who made the plea or
offer. Neither is any statement
made in the course of plea
bargaining with the prosecution,
which does not result in a plea of
guilty or which results in a plea of
guilty later withdrawn, admissible.
An offer to pay, or the payment of
medical, hospital or other
expenses occasioned by an injury,
is not admissible in evidence as
13
A.M. No. 11-1-6-SC-PHILJA, January 11, 2011.
• Also included as inadmissible evidence 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.
• Furthermore, evidence gathered during
mediation proceedings is inadmissible and
cannot be used as evidence in court.13
• The new Section 28 is a renumbering of Rule
130, Section 27 of the 1997 Rules.
• In addition to the established exception, in civil
cases, except for evidence of conduct and
statements which are otherwise discoverable or
are to be offered for another purpose (such as
to prove bias or prejudice of a witness),
statements made and the conduct of parties
during compromise negotiations are now
expressly declared as inadmissible against
the party so making the statement or
conduct. This amendment may serve to
encourage litigants to be more confident
resolving their issues through compromise
agreements without worrying that statements
made during these proceedings may be used
against them.
44

R130 S29 Section 28. Admission by third
party. — The rights of a party
cannot be prejudiced by an act,
declaration, or omission of another,
except as hereinafter provided.
(25a)
R130 S30 Section 29. Admission by co-
partner or agent. — The act or
declaration of a partner or agent of
the party within the scope of his
authority and during the existence
of the partnership or agency, may
be given in evidence against such
party after the partnership or
agency is shown by evidence other
than such act or declaration. The
same rule applies to the act or
declaration of a joint owner, joint
debtor, or other person jointly
interested with the party. (26a)
proof of civil or criminal liability for •
In criminal cases, the amendment in the third
the injury. (27a) paragraph of the new provision widens the
scope of matters not admissible in the course of
a plea-bargaining negotiation.
Section 29. Admission by third The new Section 29 is a renumbering of Rule 130,
party. – The rights of a party Section 28 of the 1997 Rules.
cannot be prejudiced by an act,
declaration, or omission of
another, except as hereinafter
provided. (28)
Section 30. Admission by co- • Section 30. Admission by co-partner or agent.
partner or agent. - The act or The amendment requires that the agent must
declaration of a partner or agent be so “authorized by the party to make such
authorized by the party to make a statement concerning the subject”, or within
statement concerning the subject, the scope of his authority and during the
or within the scope of his or her existence of the partnership or agency. Thus,
authority, and during the existence any act or declaration of a partner or agent who
of the partnership or agency, may was so authorized by the party to make such
be given in evidence against such statement concerning the subject is admissible
party after the partnership or in evidence especially when the evidence, other
agency is shown by evidence other than such act or declaration, sufficiently
than such act or declaration. The established the existence of the partnership or
same rule applies to the act or agency. The important feature of the
declaration of a joint owner, joint amendment is for the party or agent to show
debtor, or other person jointly proof that in making such statement, he was so
interested with the party. (29a) authorized by the party. Such proof may consist
of the party’s previous conduct that includes
silence, allegation or denial concerning the act
or declaration of the partner or agent that would
operate to the detriment of another.
45
 Also, an agent whose authority is limited to the
delivery of the object of a contract, for example,
cannot testify on matters that transpired during
the negotiation or perfection of the contract
wherein he did not actively or passively
participate, although he may have been
alongside with his principal (party) during such
time.

• The words “or her” were inserted consistent

with the rules on gender sensitivity.
R130 S31 Section 30. Admission by Section 31. Admission by • This new rule modified the phrase “relating to
conspirator. — The act or conspirator. — The act or the conspiracy” and in lieu thereof used the
declaration of a conspirator relating declaration of a conspirator in phrase “in furtherance of the conspiracy”.
to the conspiracy and during its furtherance of the conspiracy and
existence, may be given in during its existence, may be given • The amended version may cover or include
evidence against the co- in evidence against the co- persons who participated in, or in any manner
conspirator after the conspiracy is conspirator after the conspiracy is supported, financed, abetted or aided in
shown by evidence other than such shown by evidence other than such undertaking the conspiracy.
act of declaration. act of declaration. • The amendment requires that the act or
declaration must be in furtherance of the
conspiracy, not merely relate to it as required
in the old rule. This is also consistent with the
rules on materiality and relevancy of the
evidence.
R130 S32 Section 31. Admission by privies. Section 32. Admission by privies. Under Section 32, no substantial amendment has
— Where one derives title to — Where one derives title to been introduced. This section merely emphasizes
property from another, the act, property from another, the latter’s that where a party derives title to property from
declaration, or omission of the act, declaration, or omission, in another, any act or declaration by the latter in
latter, while holding the title, in relation to the property, is relation to the property may be used against him,
evidence against the former if as long as the former was holding the title.

46
 relation to the property, is evidence done while the latter was holding
against the former.
R130 S33 Section 32. Admission by silence.
— An act or declaration made in the
presence and within the hearing or
observation of a party who does or
says nothing when the act or
declaration is such as naturally to
call for action or comment if not
true, and when proper and possible
for him to do so, may be given in
evidence against him.
R130 S34 Section 33. Confession. — The
declaration of an accused
acknowledging his guilt of the
offense charged, or of any offense
necessarily included therein, may
be given in evidence against him.
the title.
Section. 33. Admission by silence.
— An act or declaration made in
the presence and within the
hearing or observation of a party
who does or says nothing when the
act or declaration is such as
naturally to call for action or
comment if not true, and when
proper and possible for him or her
to do so, may be given in evidence
against him.
Section 34. Confession. — The
declaration of an accused
acknowledging his or her guilt of
the offense charged, or of any
offense necessarily included
therein, may be given in evidence
against him or her.
Section 33 merely reiterates the provisions of
Section 32 of the old Rule. It is a mere pre-
numbered provision and only a minor change has
been introduced. The amended provision inserted
the word “her” to be GAD-compliant and for
uniformity.
Section 34 refers to confession. Only minor change
has been introduced by inserting the word “her” to
conform with the GAD standards. This is previously
Section 33 of the old Rules.
Sub-paragraph (d) of Section 3 of the new Rule 13
allows for electronic filing of pleadings and other
court submissions.
Section 5 of the new Rule 13 allows for electronic
mail and other electronic means as may be
authorized by the Court for pleadings, motions,
notices, orders, judgments, and other court
submissions.
Section 16 of the new Rule 13 on proof of filing
provides that, as a rule, the filing of a pleading or
47

R130 S35 Section 34. Similar acts as
evidence. — Evidence that one did
or did not do a certain thing at one
time is not admissible to prove that
he did or did not do the same or a
similar thing at another time; but it
may be received to prove a specific
intent or knowledge, identity, plan,
system, scheme, habit, custom or
usage, and the like. (48a)|||
R130 S36 Section 35. Unaccepted
offer. — An offer in writing to pay a
particular sum of money or to
deliver a written instrument or
specific personal property is, if
rejected without valid cause,
equivalent to the actual production
and tender of the money,
instrument, or property. (49a)|||
R130 S37 Section 36. Testimony generally
confined to personal
knowledge; hearsay excluded. — A
witness can testify only to those
any other court submission shall be proved by its
existence in the record of the case. This is subject
to sub-paragraphs (d) and (e).
Section 35. Similar Acts as Sub-paragraph (d) of Section 3 of the new Rule 13
Evidence. — Evidence that one did allows for electronic filing of pleadings and other
or did not do a certain thing at one court submissions.
time is not admissible to prove that
he or she did or did not do the Section 5 of the new Rule 13 allows for electronic
same or similar thing at another mail and other electronic means as may be
time; but it may be received to authorized by the Court for pleadings, motions,
prove a specific intent or notices, orders, judgments, and other court
knowledge, identity, plan, system, submissions.
scheme, habit, custom or usage,
and the like. (34a)||| Section 16 of the new Rule 13 on proof of filing
provides that, as a rule, the filing of a pleading or
any other court submission shall be proved by its
existence in the record of the case. This is subject
to sub-paragraphs (d) and (e).
Section 36. Unaccepted Offer. — Same as above
An offer in writing to pay a
particular sum of money or to
deliver a written instrument or
specific personal property is, if
rejected without valid cause,
equivalent to the actual production
and tender of the money,
instrument, or property. (35)|||
Section 37. Hearsay. — Hearsay Same as above
is a statement other than one
made by the declarant while
testifying at a trial or hearing,
48
 facts which he knows of his offered to prove the truth of the
personal knowledge; that is, which facts asserted therein. A statement
are derived from his own is (1) an oral or written assertion
perception, except as otherwise or (2) a non-verbal conduct of a
provided in these rules. (30a)||| person, it is intended by him or her
as an assertion. Hearsay evidence
is inadmissible except as otherwise
provided in these Rules.

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.
R130 S38 Section 37. Dying declaration. — Section 38. Dying Declaration. — Same as above
The declaration of a dying person, The declaration of a dying person,
made under the made under the consciousness of
consciousness of an impending an impending death, may be

49
 death, may be received in any case
wherein his death is the
subject of inquiry, as
evidence of the cause and
surrounding circumstances of such
death. (31a)|||
R130 S39 Section 23. Disqualification by
reason of death or insanity of
adverse party. — Parties or
assignor of parties to a case, or
persons in whose behalf a case is
prosecuted, against an executor or
administrator or other
representative of a deceased
person, or against a person of
unsound mind, upon a claim or
demand against the estate of such
deceased person or against such
person of unsound mind, cannot
testify as to any matter of fact
occurring before the death of such
deceased person or before such
person became of unsound mind.
(20a)
received in any case wherein his or
her death is the subject of inquiry,
as evidence of the cause and
surrounding circumstances of such
death. (37a)|||
Section 39. Statement of
decedent or person of unsound
mind. — In an action against an
executor or administrator or other
representative of a deceased
person, or against a person of
unsound mind, upon a claim or
demand against the estate of such
deceased person or against such
person of unsound mind, where a
party or assignor of a party or a
person in whose behalf a case is
prosecuted testifies on a matter of
fact occurring before the death of
such deceased person or before
such 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
50

R130 S40 Section 38. Declaration against
interest. — The declaration made
by a person deceased, or unable to
testify, against the interest of the
declarant, if the fact asserted in the
declaration was at the time it was
made so far contrary to declarant's
own interest, that a reasonable
man in his position would not have
made the declaration unless he
believed it to be true, may be
received in evidence against
himself or his successors in interest
and against third persons.
(32a) |||
R130 S41 Section 39. Act or declaration
about pedigree. — The act or
declaration of a person deceased,
recollection was clear. Such a
statement, however, is
inadmissible if made under
circumstances indicating its lack of
trustworthiness. (23a)
Section 40. Declaration against Same as above
Interest. — The declaration made
by a person deceased or unable to
testify against the interest of the
declarant, if the fact asserted in
the declaration was at the time it
was made so far contrary
to the declarant's own interest
that a reasonable person in his or
her position would not have made
the declaration unless he or
she believed it to be true, may be
received in evidence against
himself or herself or his or
her successors in interest and
against third persons. A statement
tending to expose the declarant to
criminal liability and offered to
exculpate the accused is not
admissible unless corroborating
circumstances clearly indicate the
trustworthiness of the
statement. (38a)|||
Section 41. Act or Declaration Same as above
About Pedigree. — The act or
declaration of a person deceased
51
 or unable to testify, in respect to
the pedigree of another person
related to him by birth or marriage,
may be received in evidence where
it occurred before the controversy,
and the relationship between the
two persons is shown by evidence
other than such act or declaration.
The word "pedigree" includes
relationship, family genealogy,
birth, marriage, death, the dates
when and the places where these
facts occurred, and the
names of the relatives. It
embraces also facts of family
history intimately connected with
pedigree. (33a)|||
R130 S42 Section 40. Family reputation or
tradition regarding pedigree. —
The reputation or tradition existing
in a family previous to the
controversy, in respect to the
pedigree of any one of its
members, may be received in
evidence if the witness testifying
thereon be also a member of the
or unable to testify, in respect to
the pedigree of another person
related to him or her by
birth, adoption, or marriage or, in
the absence thereof, with whose
family he or she was so intimately
associated as to be likely to have
accurate information concerning
his or her pedigree, may be
received in evidence where it
occurred before the controversy,
and the relationship between the
two persons is shown by evidence
other than such act or declaration.
The word "pedigree" includes
relationship, family genealogy,
birth, marriage, death, the dates
when and the places where these
facts occurred, and the names of
the relatives. It embraces also
facts of family history intimately
connected with pedigree. (39a)|||
Section 42. Family Reputation or Same as above
Tradition Regarding Pedigree. —
The reputation or tradition existing
in a family previous to the
controversy, in respect to the
pedigree of any one of its
members, may be received in
evidence if the witness testifying
thereon be also a member of the
52
 family, either by consanguinity or
affinity. Entries in family bibles or
other family books or charts,
engravings on rings, family
portraits and the like, may be
received as evidence of pedigree.
(34a)|||
R130 S43 Section 41. Common reputation.
— Common reputation existing
previous to the controversy,
respecting facts of public or
general interest more than thirty
years old, or respecting marriage
or moral character, may be given in
evidence. Monuments and
inscriptions in public places may be
received as evidence of common
reputation. (35)
R130 S44 Section 42. Part of the res gestae.
— Statements made by a person
while a startling occurrence is
taking place or immediately prior or
subsequent thereto with respect to
the circumstances thereof, may be
given in evidence as part of the res
gestae. So, also, statements
accompanying an equivocal act
material to the issue, and giving it
a legal significance, may be
family, either by consanguinity,
affinity, or adoption. Entries in
family bibles or other family books
or charts, engraving on rings,
family portraits and the like, may
be received as evidence of
pedigree. (40a)|||
Section 43. Common Reputation. Same as above
— Common reputation existing
previous to the controversy, as to
boundaries of or customs affecting
lands in the community and
reputation as to events of general
history important to the
community, or respecting
marriage or moral character, may
be given in evidence. Monuments
and inscriptions in public places
may be received as evidence of
common reputation. (41a)|||
Section 44. Part of the Res Same as above
Gestae. — Statements made by a
person while a startling occurrence
is taking place or immediately prior
or subsequent thereto, under the
stress of excitement caused by the
occurrence with respect to the
circumstances thereof, may be
given in evidence as part of the res
gestae. So, also, statements
accompanying an equivocal act
53
 received as part of the res gestae. material to the issue, and giving it
(36a)||| a legal significance, may be
received as part of the res gestae.
(42a)|||
R130 S45 Section 43. Entries in the Section 45. Records of Regularly Same as above
course of business. — Entries Conducted Business Activity. — A
made at, or near the time of the memorandum, report, record or
transactions to which they refer, by data compilation of acts, events,
a person deceased, or unable to conditions, opinions, or diagnoses,
testify, who was in a position to made by writing, typing,
know the facts therein stated, may electronic, optical or other similar
be received as prima means at or near the time of or
facie evidence, if such person from transmission or supply of
made the entries in his professional information by a person with
capacity or in the knowledge thereof, and kept in the
performance of duty and in the regular course or conduct of a
ordinary or regular business activity, and such was the
course of business or duty. regular practice to make the
(37a)||| memorandum, report, record, or
data compilation by electronic,
optical or similar means, all of
which are shown by the testimony
of the custodian or other qualified
witnesses, is excepted from the
rule on hearsay evidence. (43a)|
R130 S46 Section 44. Entries in official Section 46. Entries in Official Same as above
records. — Entries in official Records. — Entries in official
records made in the records made in the performance
performance of his duty by a public of his or her duty by a public
officer of the Philippines, or by a officer of the Philippines, or by a
person in the performance of a person in the performance of a

54
 duty specially enjoined by law, duty specially enjoined by law,
are prima facie evidence of the are prima facie evidence of the
facts therein stated. (38) facts therein stated. (44a)|||

R130 S47 Section 45. Commercial lists and Section 47. Commercial Lists and Same as above
the like. — the Like. — Evidence of statements
Evidence of statements of matters of matters of interest to persons
of interest to persons engaged in engaged in an occupation
an occupation contained in a list, contained in a list, register,
register, periodical, or other periodical, or other published
published compilation is admissible compilation is admissible as
as tending to prove the truth of any tending to prove the truth of any
relevant matter so stated if that relevant matter so stated if that
compilation is published for use by compilation is published for use by
persons engaged in that occupation persons engaged in that
and is generally used and relied occupation and is generally used
upon by them therein. (39)||| and relied upon by them therein.
(45)||

R130 S48 Section 46. Learned treatises. — Section 48. Learned Treatises. — Same as above
A published treatise, periodical or A published treatise, periodical or
pamphlet on a subject of history, pamphlet on a subject of history,
law, science or art is admissible as law, science, or art is admissible as
tending to prove the truth of a tending to prove the truth of a
matter stated therein if matter stated therein if the court
the court takes judicial notice, or a takes judicial notice, or a witness
witness expert in the subject expert in the subject testifies, that
testifies, that the writer of the the writer of the statement in the
statement in the treatise, treatise, periodical or pamphlet is
periodical or pamphlet is recognized in his or her profession
recognized in his profession or

55
 calling as expert in the subject. or calling as expert in the subject.
(40a)||| (46a)|||

R130 S49 Section 47. Testimony or
deposition at a former proceeding.
— The testimony or deposition of a
witness deceased or unable to
testify, given in a former case or
proceeding, judicial or
administrative, involving the same
parties and subject matter, may be
given in evidence against the
adverse party who had the
opportunity to cross-examine him.
(41a)|||
R130 S50
Section 49. Testimony or Same as above
Deposition at a Former Proceeding.
— The testimony or deposition of a
witness deceased or out of the
Philippines or who cannot, with due
diligence, be found therein, or is
unavailable or otherwise unable to
testify, given in a former case or
proceeding, judicial or
administrative, involving the same
parties and subject matter, may be
given in evidence against the
adverse party who had the
opportunity to cross-examine
him or her. (47a)|||
Section 50. Residual Exception.
— A statement not specifically
covered by any of the foregoing
exceptions, having equivalent
circumstantial guarantees of
trustworthiness, is admissible if
the court determines that (a) the
statement is offered as evidence of
a material fact; (b) the statement
is more probative on the point for
which it is offered than any other
evidence which the proponent can
procure through reasonable

56
 efforts; and (c) the general
purposes of these rules and the
interests of justice will be best
served by admission of the
statement into evidence. However,
a statement may not be admitted
under this exception unless the
proponent makes known to the
adverse party, sufficiently in
advance of the hearing, or by the
pre-trial stage in the case of a trial
of the main case, to provide the
adverse party with a fair
opportunity to prepare to meet it,
the proponent's intention to offer
the statement and the particulars
of it, including the name and
address of the declarant. (n)|||
R130 S51 Section 48. General rule. — The Section 51. General Rule. — The No changes
opinion of a witness is not opinion of a witness is not
admissible, except as indicated in admissible, except as indicated in
the following sections. (42) the following sections. (48)|||

R130 S52 Section 49. Opinion of expert Section 52. Opinion of Expert Expert witnesses now include those who have
witness. — The opinion of a Witness. — The opinion of a taken or finished a course in the matter to be
witness on a matter requiring witness on a matter requiring testified even without training or experience.
special knowledge, skill, special knowledge, skill,
experience or training which he is experience, training or education,
shown to possess, may be received which he or she is shown to
in evidence. (43a)||| possess, may be received in
evidence. (49a)|||

57
R130 S53 Section 50. Opinion of ordinary
witnesses. — The opinion of a
witness for which proper basis is
given, may be received in evidence
regarding —
Section 53. Opinion of Ordinary No significant changes
Witnesses. — The opinion of a
witness for which proper basis is
given, may be received in evidence
regarding —

(a)the identity of a person about (a)the identity of a person about

whom he has adequate knowledge; whom he or she has adequate
knowledge;
(b)A handwriting with which he has
sufficient familiarity; and (b)A handwriting with which he or
she has sufficient familiarity; and
(c)The mental sanity of a person
with whom he is sufficiently (c)The mental sanity of a person
acquainted. with whom he or she is sufficiently
acquainted.
The witness may also testify on his
impressions of the emotion, The witness may also testify on his
behavior, condition or appearance or her impressions of the emotion,
of a person. (44a) behavior, condition or appearance
||| of a person. (50a)

R130 S54 Section 51. Character evidence Section 54. Character evidence • The changes in the foregoing Section pertains
not generally admissible; not generally admissible; to trial practice and has no direct effect in
exceptions: — exceptions: — Evidence of a Electronic Filing and Service except for the
person’s character or a trait of filing and service of pleadings intended to
(a) In Criminal Cases: character is not admissible for the present character evidence.
purpose of proving action in
(1)The accused may prove his conformity therewith on a • E-CMT database may be used to check if
good moral character which is particular occasion, except: accused has prior convictions.
pertinent to the moral trait

58
 involved in the offense (a) In Criminal Cases:
charged.
(2)Unless in rebuttal, the
prosecution may not prove his
bad moral character which is
pertinent to the moral trait
involved in the offense
charged.
(3)The good or bad moral
character of the offended party
may be proved if it tends to
establish in any reasonable
degree the probability or
improbability of the offense
charged.
(1) 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.
(2) 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.

(b) In Civil Cases: (b) In Civil Cases:

Evidence of the moral character Evidence of the moral

of a party in civil case is character of a party in civil case
admissible only when pertinent is admissible only when
to the issue of character pertinent to the issue of
involved in the case. character involved in the case.

(c) In the case provided for in Rule (c) In Criminal and Civil Cases:
132, Section 14, (46a, 47a)
Evidence of the good
character of a witness is not
admissible until such

59

BURDEN OF PROOF, BURDEN OF EVIDENCE AND PRESUMPTIONS
R131 S1 Section 1. Burden of proof. —
Burden of proof is the duty of a
party to present evidence on the
facts in issue necessary to establish
his claim or defense by the amount
of evidence required by law. (1a,
2a)
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 of 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
the person’s conduct. (51a; 14,
Rule 132)
RULE 131
Section 1. Burden of proof and The inclusion of the term “burden of evidence” is
burden of evidence. — Burden of consistent with the rulings of the Supreme Court
proof is the duty of a party to on the matter.
present evidence on the facts in
issue necessary to establish his or
her claim or defense by the
60
 amount of evidence required by
law. Burden of proof never shifts.

Burden of evidence if the duty of a

party to present evidence sufficient
to establish or rebut a fact in issue
to establish a prima facie case.
Burden of evidence may shift from
one party to the other in the course
of the proceedings, depending on
the exigencies of the case. (1a)
R131 S2 Section 2. Conclusive Section 2. Conclusive No significant changes
presumptions. — The following are presumptions. — The following are
instances of conclusive instances of conclusive
presumptions: presumptions:

(a) Whenever a party has, by his
own declaration, act, or omission,
intentionally and deliberately led to
another to believe a particular
thing true, and to act upon such
belief, he cannot, in any litigation
arising out of such declaration, act
or omission, be permitted to falsify
it:
(b) The tenant is not permitted to
deny the title of his landlord at the
time of commencement of the
relation of landlord and tenant
between them. (3a)
(a) Whenever a party has, by his
or her own declaration, act, or
omission, intentionally and
deliberately led to another to
believe a particular thing true, and
to act upon such belief, he or she
cannot, in any litigation arising out
of such declaration, act or
omission, be permitted to falsify it:
and
(b) The tenant is not permitted to
deny the title of his or her
landlord at the time of
commencement of the relation of

61
 landlord and tenant between
them. (2a)
R131 S3 Section 3. Disputable Section 3. Disputable No significant changes
presumptions. — The following presumptions. — The following
presumptions are satisfactory if presumptions are satisfactory if
uncontradicted, but may be uncontradicted, but may be
contradicted and overcome by contradicted and overcome by
other evidence: other evidence:

(a) That a person is innocent of (a) That a person is innocent of

crime or wrong; crime or wrong;

(b) That an unlawful act was done (b) That an unlawful act was done
with an unlawful intent; with an unlawful intent;

(c) That a person intends the (c) That a person intends the
ordinary consequences of his ordinary consequences of his or
voluntary act; her voluntary act;

(d) That a person takes ordinary (d) That a person takes ordinary
care of his concerns; care of his or her concerns;

(e) That evidence willfully (e) That evidence willfully

suppressed would be adverse if suppressed would be adverse if
produced; produced;

(f) That money paid by one to (f) That money paid by one to
another was due to the latter; another was due to the latter;

(g) That a thing delivered by one to (g) That a thing delivered by one
another belonged to the latter; to another belonged to the latter;

62
(h) That an obligation delivered up (h) That an obligation delivered up
to the debtor has been paid; to the debtor has been paid;

(i) That prior rents or installments (i) That prior rents or installments
had been paid when a receipt for had been paid when a receipt for
the later one is produced; the later one is produced;

(j) That a person found in (j) That a person found in

possession of a thing taken in the
doing of a recent wrongful act is the
taker and the doer of the whole
act; otherwise, that things which a
person possess, or exercises acts
of ownership over, are owned by
him;
possession of a thing taken in the
doing of a recent wrongful act is
the taker and the doer of the whole
act; otherwise, that things which a
person possess, or exercises acts
of ownership over, are owned by
him or her;

(k) That a person in possession of (k) That a person in possession of

an order on himself for the
payment of the money, or the
delivery of anything, has paid the
money or delivered the thing
accordingly;
an order on himself or herself for
the payment of the money, or the
delivery of anything, has paid the
money or delivered the thing
accordingly;

(l) That a person acting in a public (l) That a person acting in a public
office was regularly appointed or office was regularly appointed or
elected to it; elected to it;

(m) That official duty has been (m) That official duty has been
regularly performed; regularly performed;

63
(n)That a court, or judge acting as (n) That a court, or judge acting as
such, whether in the Philippines or such, whether in the Philippines or
elsewhere, was acting in the lawful elsewhere, was acting in the lawful
exercise of jurisdiction; exercise of jurisdiction;

(o) That all the matters within an
issue raised in a case were laid
before the court and passed upon
by it; and in like manner that all
matters within an issue raised in a
dispute submitted for arbitration
were laid before the arbitrators and
passed upon by them;
(o) That all the matters within an
issue raised in a case were laid
before the court and passed upon
by it; and in like manner that all
matters within an issue raised in a
dispute submitted for arbitration
were laid before the arbitrators
and passed upon by them;

(p) That private transactions have (p) That private transactions have
been fair and regular; been fair and regular;

(q) That the ordinary course of (q) That the ordinary course of
business has been followed; business has been followed;

(r) That there was a sufficient (r) That there was a sufficient
consideration for a contract; consideration for a contract;

(s) That a negotiable instrument (s) That a negotiable instrument

was given or indorsed for a was given or indorsed for a
sufficient consideration; sufficient consideration;

(t) That an endorsement of (t) That an endorsement of

negotiable instrument was made negotiable instrument was made
before the instrument was overdue before the instrument was overdue
and at the place where the and at the place where the
instrument is dated; instrument is dated;

64
(u) That a writing is truly dated;
(v) That a letter duly directed and (v) That a letter duly directed and
mailed was received in the regular mailed was received in the regular
course of the mail; course of the mail;
(w) That after an absence of seven
years, it being unknown whether or
not the absentee still lives, he is
considered dead for all purposes,
except for those of succession.
The absentee shall not be
considered dead for the purpose of
opening his succession till after an
absence of ten years. If he
disappeared after the age of
seventy-five years, an absence of
five years shall be sufficient in
order that his succession may be
opened.
The following shall be considered
dead for all purposes including the
division of the estate among the
heirs:
(1) A person on board a vessel
lost during a sea voyage, or an
aircraft with is missing, who
has not been heard of for four
(u) That a writing is truly dated;
(w) That after an absence of seven
years, it being unknown whether
or not the absentee still lives, he or
she is considered dead for all
purposes, except for those of
succession.
The absentee shall not be
considered dead for the
purpose of opening his or her
succession until after an
absence of ten years. If he or
she disappeared after the age
of seventy-five years, an
absence of five years shall be
sufficient in order that his or
her succession may be
opened.
The following shall be
considered dead for all
purposes including the
division of the estate among
the heirs:
65
years since the loss of the
vessel or aircraft;
(2) A member of the armed
forces who has taken part in
armed hostilities, and has
been missing for four years;
(3) A person who has been in
danger of death under other
circumstances and whose
existence has not been known
for four years;
(4) If a married person has
been absent for four
consecutive years, the spouse
present may contract a for four years; and
subsequent marriage if he or
she has well-founded belief
that the absent spouse is
already death. In case of
disappearance, where there is
a danger of death the
circumstances hereinabove
provided, an absence of only
two years shall be sufficient
for the purpose of contracting
a subsequent marriage.
However, in any case, before
marrying again, the spouse
present must institute a
(1) A person on board a
vessel lost during a sea
voyage, or an aircraft with is
missing, who has not been
heard of for four years since
the loss of the vessel or
aircraft;
(2) A member of the armed
forces who has taken part in
armed hostilities, and has
been missing for four years;
(3) A person who has been in
danger of death under other
circumstances and whose
existence has not been known
(4) If a married person has
been absent for four
consecutive years, the spouse
present may contract a
subsequent marriage if he or
she has well-founded belief
that the absent spouse is
already death. In case of
disappearance, where there is
a danger of death the
circumstances hereinabove
provided, an absence of only
two years shall be sufficient
66
 summary proceedings as for the purpose of contracting
provided in the Family Code a subsequent marriage.
and in the rules for declaration However, in any case, before
of presumptive death of the marrying again, the spouse
absentee, without prejudice to present must institute a
the effect of reappearance of summary proceedings as
the absent spouse. provided in the Family Code
and in the rules for
(x) That acquiescence resulted declaration of presumptive
from a belief that the thing death of the absentee,
acquiesced in was conformable to without prejudice to the effect
the law or fact; of reappearance of the absent
spouse.
(y) That things have happened
according to the ordinary course of (x) That acquiescence resulted
nature and ordinary nature habits from a belief that the thing
of life; acquiesced in was conformable to
the law or fact;
(z) That persons acting as
copartners have entered into a (y) That things have happened
contract of copartneship; according to the ordinary course of
nature and ordinary nature habits
(aa) That a man and woman of life;
deporting themselves as husband
and wife have entered into a lawful (z) That persons acting as
contract of marriage; copartners have entered into a
contract of copartneship;
(bb) That property acquired by a
man and a woman who are (aa) That a man and woman
capacitated to marry each other deporting themselves as husband
and who live exclusively with each and wife have entered into a lawful
other as husband and wife without contract of marriage;

67
the benefit of marriage or under
void marriage, has been obtained (bb) That property acquired by a
by their joint efforts, work or man and a woman who are
industry. capacitated to marry each other
and who live exclusively with each
(cc) That in cases of cohabitation other as husband and wife without
by a man and a woman who are not the benefit of marriage or under
capacitated to marry each other void marriage, has been obtained
and who have acquire properly by their joint efforts, work or
through their actual joint industry.
contribution of money, property or
industry, such contributions and (cc) That in cases of cohabitation
their corresponding shares by a man and a woman who are
including joint deposits of money not capacitated to marry each
and evidences of credit are equal. other and who have acquire
properly through their actual joint
(dd) That if the marriage is contribution of money, property or
terminated and the mother industry, such contributions and
contracted another marriage within their corresponding shares
three hundred days after such including joint deposits of money
termination of the former and evidences of credit are equal.
marriage, these rules shall govern
in the absence of proof to the (dd) That if the marriage is
contrary: terminated and the mother
contracted another marriage
(1) A child born before one within three hundred days after
hundred eighty days after the such termination of the former
solemnization of the marriage, these rules shall govern
subsequent marriage is in the absence of proof to the
considered to have been contrary:
conceived during such
marriage, even though it be

68
 born within the three hundred
days after the termination of
the former marriage.
(2) A child born after one
hundred eighty days following
the celebration of the
subsequent marriage is
considered to have been
conceived during such
marriage, even though it be
born within the three hundred
days after the termination of
the former marriage.
(ee) That a thing once proved to
exist continues as long as is usual
with things of the nature;
(ff) That the law has been obeyed;
(gg) That a printed or published
book, purporting to be printed or (ee) That a thing once proved to
published by public authority, was exist continues as long as is usual
so printed or published; with things of the nature;
(hh) That a printed or published
book, purporting contain reports of
cases adjudged in tribunals of the
country where the book is
published, contains correct reports
of such cases;
(1) A child born before one
hundred eighty days (180)
after the solemnization of the
subsequent marriage is
considered to have been
conceived during such
marriage, even though it be
born within the three hundred
days after the termination of
the former marriage; and
(2) A child born after one
hundred eighty (180) days
following the celebration of
the subsequent marriage is
considered to have been
conceived during such
marriage, even though it be
born within the three hundred
days after the termination of
the former marriage.
(ff) That the law has been obeyed;
(gg) That a printed or published
book, purporting to be printed or
published by public authority, was
so printed or published;
69
(ii) That a trustee or other person
whose duty it was to convey real
property to a particular person has
actually conveyed it to him when
such presumption is necessary to
perfect the title of such person or
his successor in interest;
(jj) That except for purposes of
succession, when two persons
perish in the same calamity, such
as wreck, battle, or conflagration,
and it is not shown who died first,
and there are no particular
circumstances from which it can be
inferred, the survivorship is
determined from the probabilities
resulting from the strength and the
age of the sexes, according to the
following rules:
1. If both were under the age
of fifteen years, the older is
deemed to have survived;
2. If both were above the age
sixty, the younger is deemed
to have survived;
3. If one is under fifteen and
the other above sixty, the
(hh) That a printed or published
book, purporting contain reports of
cases adjudged in tribunals of the
country where the book is
published, contains correct reports
of such cases;
(ii) That a trustee or other person
whose duty it was to convey real
property to a particular person has
actually conveyed it to him or her
when such presumption is
necessary to perfect the title of
such person or his or her successor
in interest;
(jj) That except for purposes of
succession, when two persons
perish in the same calamity, such
as wreck, battle, or conflagration,
and it is not shown who died first,
and there are no particular
circumstances from which it can be
inferred, the survivorship is
determined from the probabilities
resulting from the strength and the
age of the sexes, according to the
following rules:
70
 former is deemed to have
survived;
4. If both be over fifteen and
under sixty, and the sex be
different, the male is deemed
to have survived, if the sex be
the same, the older;
5. If one be under fifteen or
over sixty, and the other
between those ages, the latter
is deemed to have survived.
(kk) That if there is a doubt, as
between two or more persons who
are called to succeed each other, as
to which of them died first,
whoever alleges the death of one
prior to the other, shall prove the
same; in the absence of proof, they
shall be considered to have died at
the same time. (5a)
1. If both were under the age
of fifteen years, the older is
deemed to have survived;
2. If both were above the age
sixty, the younger is deemed
to have survived;
3. If one is under fifteen and
the other above sixty, the
former is deemed to have
survived;
4. If both be over fifteen and
under sixty, and the sex be
different, the male is deemed
to have survived, if the sex be
the same, the older; and
5. If one be under fifteen or
over sixty, and the other
between those ages, the
latter is deemed to have
survived.

(kk) That if there is a doubt, as

between two or more persons who
are called to succeed each other,
as to which of them died first,
whoever alleges the death of one
prior to the other, shall prove the
same; in the absence of proof,

71

R131 S4 Section 4. No presumption of
legitimacy or illegitimacy. — There
is no presumption of legitimacy of
a child born after three hundred
days following the dissolution of
the marriage or the separation of
the spouses. Whoever alleges the
legitimacy or illegitimacy of such
child must prove his allegation. (6)
R131 S5 No Section 5
R131 S6 No Section 6
they shall be considered to have
died at the same time. (3a)
Section 4. No presumption of No significant changes
legitimacy or illegitimacy. — There
is no presumption of legitimacy of
a child born after three hundred
days following the dissolution of
the marriage or the separation of
the spouses. Whoever alleges the
legitimacy or illegitimacy of such
child must prove his or her
allegation. (6)
Section 5. Presumptions in civil The inclusion of the Section is consistent with the
actions and proceedings — In all rulings of the Supreme Court on the matter.
civil actions and proceedings not
otherwise provided for by the law
of these Rules, a presumption
imposes on the party against
whom it is directed the burden of
going forward with evidence to
rebut or meet the presumption.
If presumptions are inconsistent,
the presumption that is founded
upon weightier considerations of
policy shall apply. If considerations
of policy are of equal weight,
neither presumption applies. (n)
Section 6. Presumptions against The inclusion of the Section is consistent with the
an accused in criminal cases. – If a rulings of the Supreme Court on the matter.
presumed fact that establishes
72

R132 S1 Section 1. Examination to be done
in open court. — The examination
of witnesses presented in a trial or
hearing shall be done in open court,
and under oath or affirmation.
Unless the witness is incapacitated
to speak, or the questions calls for
a different mode of answer, the
answers of the witness shall be
given orally. (1a)
R132 S2 Section 2. Proceedings to be
recorded. — The entire proceedings
of a trial or hearing, including the
questions propounded to a witness
and his answers thereto, the
statements made by the judge or
any of the parties, counsel, or
witnesses with reference to the
case, shall be recorded by means of
shorthand or stenotype or by other
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. (n)
RULE 132
PRESENTATION OF EVIDENCE
Section 1. Examination to be done No change
in open court. — The examination
of witnesses presented in a trial or
hearing shall be done in open
court, and under oath or
affirmation. Unless the witness is
incapacitated to speak, or the
questions calls for a different mode
of answer, the answers of the
witness shall be given orally. (1)
Section 2. Proceedings to be No changes.
recorded. — The entire
proceedings of a trial or hearing, For the OSG, it is suggested that all requested
including the questions records and transcripts from the courts must be
propounded to a witness and his or uploaded in the E-CMT for record-keeping
her answers thereto, the purposes.
statements made by the judge or
any of the parties, counsel, or
witnesses with reference to the
case, shall be recorded by means
73
 means of recording found suitable of shorthand or stenotype or by
by the court. other means of recording found
suitable by the court.
A transcript of the record of the
proceedings made by the official A transcript of the record of the
stenographer, stenotypist or proceedings made by the official
recorder and certified as correct by stenographer, stenotypist or
him shall be deemed prima facie a recorder and certified as correct by
correct statement of such him or her shall be deemed prima
proceedings. (2a) facie a correct statement of such
proceedings. (2a)
R132 S3 Section 3. Rights and obligations Section 3. Rights and obligations No significant changes
of a witness. — A witness must of a witness. — A witness must
answer questions, although his answer questions, although his or
answer may tend to establish a her answer may tend to establish a
claim against him. However, it is claim against him or her. However,
the right of a witness: it is the right of a witness:

(1) To be protected from irrelevant, (1) To be protected from

improper, or insulting questions, irrelevant, improper, or insulting
and from harsh or insulting questions, and from harsh or
demeanor; insulting demeanor;

(2) Not to be detained longer than (2) Not to be detained longer than
the interests of justice require; the interests of justice require;

(3) Not to be examined except only (3) Not to be examined except only
as to matters pertinent to the as to matters pertinent to the
issue; issue;

74
 (4) Not to give an answer which will (4) Not to give an answer which
tend to subject him to a penalty for will tend to subject him or her to a
an offense unless otherwise penalty for an offense unless
provided by law; or otherwise provided by law; or

(5) Not to give an answer which will (5) Not to give an answer which
tend to degrade his reputation, will tend to degrade his or her
unless it to be the very fact at issue reputation, unless it to be the very
or to a fact from which the fact in fact at issue or to a fact from which
issue would be presumed. But a the fact in issue would be
witness must answer to the fact of presumed. But a witness must
his previous final conviction for an answer to the fact of his or her
offense. (3a, 19a) previous final conviction for an
offense. (3a)
R132 S4 Section 4. Order in the Section 4. Order in the No change
examination of an individual examination of an individual
witness. — The order in which the witness. — The order in which the
individual witness may be individual witness may be
examined is as follows; examined is as follows;

(a) Direct examination by the (a) Direct examination by the

proponent; proponent;

(b) Cross-examination by the (b) Cross-examination by the

opponent; opponent;

(c) Re-direct examination by the (c) Re-direct examination by the

proponent; proponent;

(d) Re-cross-examination by the (d) Re-cross-examination by the

opponent. (4) opponent. (4)

75
R132 S5 Section 5. Direct examination. —
Direct examination is the
examination-in-chief of a witness
by the party presenting him on the
facts relevant to the issue. (5a)
R132 S6 Section 6. Cross-examination; its
purpose and extent. — Upon the
termination of the direct
examination, the witness may be
cross-examined by the adverse
party as to any matters stated in
the direct examination, or
connected therewith, with
sufficient fullness and freedom to
test his accuracy and truthfulness
and freedom from interest or bias,
or the reverse, and to elicit all
important facts bearing upon the
issue. (8a)
R132 S7 Section 7. Re-direct examination;
its purpose and extent. — After the
cross-examination of the witness
has been concluded, he may be re-
examined by the party calling him,
to explain or supplement his
answers given during the cross-
examination. On re-direct-
examination, questions on matters
not dealt with during the cross-
Section 5. Direct examination. — No significant changes
Direct examination is the
examination-in-chief of a witness
by the party presenting him or her
on the facts relevant to the issue.
(5a)
Section 6. Cross-examination; its The replacement of “as to any matters” to “on any
purpose and extent. — Upon the relevant matter” means that cross-examination
termination of the direct questions are no longer given a wide breadth.
examination, the witness may be
cross-examined by the adverse
party on any relevant matter,
stated in the direct examination, or
connected therewith, with
sufficient fullness and freedom to
test his or her accuracy and
truthfulness and freedom from
interest or bias, or the reverse, and
to elicit all important facts bearing
upon the issue. (7a)
Section 7. Re-direct examination; No significant changes
its purpose and extent. — After the
cross-examination of the witness
has been concluded, he or she may
be re-examined by the party
calling him or her, to explain or
supplement his or her answers
given during the cross-
examination. On re-direct-
examination, questions on matters
not dealt with during the cross-
76
 examination, may be allowed by examination, may be allowed by
the court in its discretion. (12) the court in its discretion. (7a)
R132 S8 Section 8. Re-cross-examination.
— Upon the conclusion of the re-
direct examination, the adverse
party may re-cross-examine the
witness on matters stated in his re-
direct examination, and also on
such other matters as may be
allowed by the court in its
discretion. (13)
R132 S9 Section 9. Recalling witness. —
After the examination of a witness
by both sides has been concluded,
the witness cannot be recalled
without leave of the court. The
court will grant or withhold leave in
its discretion, as the interests of
justice may require. (14)
R132 S10 Section 10. Leading and
misleading questions. — A question
which suggests to the witness the
answer which the examining party
desires is a leading question. It is
not allowed, except:
(a) On cross examination;
(b) On preliminary matters;
Section 8. Re-cross-examination. No significant changes
— Upon the conclusion of the re-
direct examination, the adverse
party may re-cross-examine the
witness on matters stated in his or
her re-direct examination, and also
on such other matters as may be
allowed by the court in its
discretion. (13)
Section 9. Recalling witness. — No changes
After the examination of a witness
by both sides has been concluded,
the witness cannot be recalled
without leave of the court. The
court will grant or withhold leave in
its discretion, as the interests of
justice may require. (9)
Section 10. Leading and No significant changes
misleading questions. — A
question which suggests to the
witness the answer which the
examining party desires is a
leading question. It is not allowed,
except:
(a) On cross examination;
(b) On preliminary matters;
77
 (c) When there is a difficulty is
getting direct and intelligible
answers from a witness who is
ignorant, or a child of tender years,
or is of feeble mind, or a deaf-
mute;
(d) Of an unwilling or hostile
witness; or
(e) Of a witness who is an adverse
party or an officer, director, or
managing agent of a public or
private corporation or of a
partnership or association which is
an adverse party.
A misleading question is one which
assumes as true a fact not yet
testified to by the witness, or
contrary to that which he has
previously stated. It is not allowed.
(5a, 6a, and 8a)
R132 S11 Section 11. Impeachment of
adverse party's witness. — A
witness may be impeached by the
party against whom he was called,
by contradictory evidence, by
evidence that his general
reputation for truth, honestly, or
(c) When there is a difficulty is
getting direct and intelligible
answers from a witness who is
ignorant, or a child of tender years,
or is of feeble mind, or a deaf-
mute;
(d) Of an unwilling or hostile
witness; or
(e) Of a witness who is an adverse
party or an officer, director, or
managing agent of a public or
private corporation or of a
partnership or association which is
an adverse party.
A misleading question is one which
assumes as true a fact not yet
testified to by the witness, or
contrary to that which he or she
has previously stated. It is not
allowed. (10a)
Section 11. Impeachment of No significant changes
adverse party's witness. — A
witness may be impeached by the
party against whom he or she was
called, by contradictory evidence,
by evidence that his or her general
reputation for truth, honestly, or
78
 integrity is bad, or by evidence that
he has made at other times
statements inconsistent with his
present, testimony, but not by
evidence of particular wrongful
acts, except that it may be shown
by the examination of the witness,
or the record of the judgment, that
he has been convicted of an
offense. (15)
integrity is bad, or by evidence
that he or she has made at other
times statements inconsistent with
his or her present, testimony, but
not by evidence of particular
wrongful acts, except that it may
be shown by the examination of
the witness, or the record of the
judgment, that he or she has been
convicted of an offense. (11a)

R132 S12 No similar provision Section 12. Impeachment by The inclusion of the foregoing Section pertains to
evidence of conviction of crime – trial practice and has no direct effect in Electronic
For the purpose of impeaching a Filing and Service except for the filing and service
witness, evidence that he or she of pleadings intended to impeach the witness.
has been convicted by final
judgment of a crime shall be E-CMT database can be used to check if the
admitted if (a) the crime was witness has been convicted in a criminal case.
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. (n)
R132 S13 Section 12. Party may not Section 13. Party may not No significant changes
impeach his own witness. — Except impeach his or her own witness. —
with respect to witnesses referred Except with respect to witnesses

79
 to in paragraphs (d) and (e) of referred to in paragraphs (d) and
Section 10, the party producing a (e) of Section 10 of this Rule, the
witness is not allowed to impeach party presenting the witness is not
his credibility. allowed to impeach his or her
credibility.
A witness may be considered as
unwilling or hostile only if so A witness may be considered as
declared by the court upon unwilling or hostile only if so
adequate showing of his adverse declared by the court upon
interest, unjustified reluctance to adequate showing of his or her
testify, or his having misled the adverse interest, unjustified
party into calling him to the witness reluctance to testify, or his having
stand. misled the party into calling him or
her to the witness stand.
The unwilling or hostile witness so
declared, or the witness who is anThe unwilling or hostile witness so
adverse party, may be impeached declared, or the witness who is an
by the party presenting him in alladverse party, may be impeached
respects as if he had been called by
by the party presenting him or her
the adverse party, except by in all respects as if he had been
evidence of his bad character. He called by the adverse party, except
may also be impeached and cross- by evidence of his or her bad
examined by the adverse party, butcharacter. He or she may also be
such cross-examination must only impeached and cross-examined by
be on the subject matter of his the adverse party, but such cross-
examination-in-chief. (6a, 7a) examination must only be on the
subject matter of his or her
examination-in-chief. (12a)
R132 S14 Section 13. How witness Section 14. How witness No significant changes
impeached by evidence of impeached by evidence of
inconsistent statements. — Before inconsistent statements. — Before

80
 a witness can be impeached by a witness can be impeached by
evidence that he has made at other evidence that he or she has made
times statements inconsistent with at other times statements
his present testimony, theinconsistent with his or her present
statements must be related to him, testimony, the statements must be
with the circumstances of the times related to him or her, with the
and places and the persons circumstances of the times and
present, and he must be asked places and the persons present,
whether he made such statements, and he or she must be asked
and if so, allowed to explain them. whether he made such statements,
If the statements be in writing theyand if so, allowed to explain them.
must be shown to the witness If the statements be in writing they
before any question is put to him must be shown to the witness
concerning them. (16) before any question is put to him
or her concerning them. (13a)
Section 14. Evidence of good Incorporated in Section 54, Rule Incorporated in Section 54, Rule 130.
character of witness. — Evidence of 130.
the good character of a witness is
not admissible until such character
has been impeached. (17) c
R132 S15 Section 15. Exclusion and Section 15. Exclusion and The foregoing Section pertains to trial and practice
separation of witnesses. — On any separation of witnesses. — The and has no direct relation to Electronic Filing and
trial or hearing, the judge may court, motu propio or upon motion, Service except for the filing of the motion
exclude from the court any witness shall order witnesses excluded so requesting exclusion of witnesses.
not at the time under examination, that they cannot hear the
so that he may not hear the testimony of other witnesses. This
testimony of other witnesses. The rule does not authorize exclusion
judge may also cause witnesses to of (a) a party who is a natural
be kept separate and to be person (b) a duly designated
prevented from conversing with representative of a juridical entity
which is a party to the case, (c) a

81
 one another until all shall have person whose presence is essential
been examined. (18) to the presentation of the party’s
cause, or (d) a person authorized
by a statute to be present.

The court may also cause

R132 S16 Section 16. When witness may
refer to memorandum. — A witness
may be allowed to refresh his
memory respecting a fact, by
anything written or recorded by
himself or under his direction at the
time when the fact occurred, or
immediately thereafter, or at any
other time when the fact was fresh
in his memory and knew that the
same was correctly written or
recorded; but in such case the
writing or record must be produced
and may be inspected by the
adverse party, who may, if he
chooses, cross examine the
witness upon it, and may read it in
evidence. So, also, a witness may
testify from such writing or record,
though he retain no recollection of
witnesses to be kept separate and
to be prevented from conversing
with one another, directly or
through intermediaries, until all
shall be examined. (15a)
Section 16. When witness may No significant changes
refer to memorandum. — A
witness may be allowed to refresh
his or her memory respecting a
fact, by anything written or
recorded by himself or herself or
under his or her direction at the
time when the fact occurred, or
immediately thereafter, or at any
other time when the fact was fresh
in his or her memory and knew
that the same was correctly
written or recorded; but in such
case the writing or record must be
produced and may be inspected by
the adverse party, who may, if he
or she chooses, cross examine the
witness upon it, and may read it in
evidence. So, also, a witness may
testify from such writing or record,

82
 the particular facts, if he is able to
swear that the writing or record
correctly stated the transaction
when made; but such evidence
must be received with caution.
(10a)
R132 S17 Section 17. When part of
transaction, writing or record given
in evidence, the remainder, the
remainder admissible. — When
part of an act, declaration,
conversation, writing or record is
given in evidence by one party, the
whole of the same subject may be
inquired into by the other, and
when a detached act, declaration,
conversation, writing or record is
given in evidence, any other act,
declaration, conversation, writing
or record necessary to its
understanding may also be given in
evidence. (11a)
R132 S18 Section 18. Right to respect
writing shown to witness. —
Whenever a writing is shown to a
witness, it may be inspected by the
adverse party. (9a)
R132 S19 Section 19. Classes of
Documents. — For the purpose of
their presentation evidence,
though he or she retain no
recollection of the particular facts,
if he is able to swear that the
writing or record correctly stated
the transaction when made; but
such evidence must be received
with caution. (16a)
Section 17. When part of No changes
transaction, writing or record given
in evidence, the remainder, the
remainder admissible. — When
part of an act, declaration,
conversation, writing or record is
given in evidence by one party, the
whole of the same subject may be
inquired into by the other, and
when a detached act, declaration,
conversation, writing or record is
given in evidence, any other act,
declaration, conversation, writing
or record necessary to its
understanding may also be given
in evidence. (17)
Section 18. Right to respect No changes
writing shown to witness. —
Whenever a writing is shown to a
witness, it may be inspected by the
adverse party. (9a)
Section 19. Classes of These are documentary evidence that may be filed
Documents. — For the purpose of and served electronically.
their presentation evidence,
83
 documents are either public or documents are either public or Sec. 19(c) of the was added.
private. private. Sec. 19(c) under the old Rule is now (d) under the
amended Rule.
Public documents are: Public documents are:

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

(b) Documents acknowledge (b) Documents acknowledge

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

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

All other writings are private.

R132 S20 Section 20. Proof of private Section 20. Proof of private (c) is a new provision which provides another
document. — Before any private document. — Before any private mode of proving the authenticity and due
document offered as authentic is document offered as authentic is execution of a private document.

84
 received in evidence, its due received in evidence, its due
execution and authenticity must be execution and authenticity must be The amendment is pertinent in the presentation of
proved either: proved by any of the following evidence during trial.
means:
(a) By anyone who saw the xxxx
document executed or written;
or (c) By other evidence showing its
due execution and authenticity,
(b) By evidence of the genuineness
of the signature or handwriting
of the maker.

Any other private document need

only be identified as that which it
is claimed to be.

R132 S21 Section 21. When evidence of Section 21. When evidence of No amendment.
authenticity of private document
authenticity of private document
not necessary. — Where a private
not necessary. — Where a private
document is more than thirty years
document is more than thirty years
old, is produced from the custody
old, is produced from the custody
in which it would naturally be found
in which it would naturally be
if genuine, and is unblemished by
found if genuine, and is
any alterations or circumstances of
unblemished by any alterations or
suspicion, no other evidence of its
circumstances of suspicion, no
authenticity need be given. (22a)
other evidence of its authenticity
need be given. (22a)
R132 S22 Section 22. How genuineness of . . . he or she. . . his or her. . . These phrases were added apparently to promote
handwriting proved. — The gender equality.
handwriting of a person may be
proved by any witness who

85
 believes it to be the handwriting of
such person because he has seen
the person write, or has seen
writing purporting to be his upon
which the witness has acted or
been charged, and has thus
acquired knowledge of the
handwriting of such person.
Evidence respecting the
handwriting may also be given by a
comparison, made by the witness
or the court, with writings admitted
or treated as genuine by the party
against whom the evidence is
offered, or proved to be genuine to
the satisfaction of the judge.

R132 S23 Section 23. Public documents as
evidence. — Documents consisting
of entries in public records made in
the performance of a duty by a
public officer are prima
facie evidence of the facts therein
stated. All other public documents
are evidence, even against a third
person, of the fact which gave rise
to their execution and of the date
of the latter. (24a)
R132 S24 Section 24. Proof of official
record. — The record of public
documents referred to in paragraph
Section 23. Public documents as No amendment.
evidence. — Documents consisting
of entries in public records made in
the performance of a duty by a
public officer are prima
facie evidence of the facts therein
stated. All other public documents
are evidence, even against a third
person, of the fact which gave rise
to their execution and of the date
of the latter. (24a)
Section 24. Proof of official These phrases were added apparently to promote
record. — The record of public gender equality.
documents referred to in

86
(a) of Section 19, when admissible
for any purpose, may be evidenced
by an official publication thereof or
by a copy attested by the officer
having the legal custody of the
record, or by his deputy, and
accompanied, if the record is not
kept in the Philippines, with a
certificate that such officer has the
custody. If the office in which the
record is kept is in foreign country,
the certificate may be made by a
secretary of the embassy or
legation, consul general, consul,
vice consul, or consular agent or by
any officer in the foreign service of
the Philippines stationed in the
foreign country in which the record
is kept, and authenticated by the
seal of his office.
paragraph (a) of Section 19, when These are documentary evidence that may be filed
admissible for any purpose, may and served electronically.
be evidenced by an official
publication thereof or by a copy
attested by the officer having the
legal custody of the record, or by
his or her deputy, and
accompanied, if the record is not
kept in the Philippines, with a
certificate that such officer has the
custody.
If the office in which the record is
kept is in 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
o0r convention pursuant to
paragraph (c) of Section 19 hereof,
the certificate or its equivalent
shall be in the form prescribed by
such treaty or convention subject
to reciprocity granted to public
documents originating from the
Philippines.
For documents originating from a
foreign country which is not a
contracting party to a treaty or
convention referred to in the next
preceding sentence, the certificate
87

R132 S25 Section 25. What attestation of
copy must state. — Whenever a
copy of a document or record is
attested for the purpose of
evidence, the attestation must
state, in substance, that the copy is
a correct copy of the original, or a
may be made by a secretary of the
embassy or legation, consul
general, consul, vice consul, or
consular agent or by any officer in
the foreign service of the
Philippines stationed in the foreign
country in which the record is kept,
and authenticated by the seal of
his office.
A document that is accompanied
by a certificate or its equivalent
may be presented in evidence
without further proof, the
certificate or its equivalent being
prima facie evidence of the due
execution and genuineness of the
document involved. The certificate
shall not be required when a treaty
or convention between a foreign
country and the Philippines has
abolished the requirement, or has
exempted the document itself from
this formality. (24a)
Section 25. What attestation of
copy must state. — Whenever a
copy of a document or record is
attested for the purpose of
evidence, the attestation must
state, in substance, that the copy
is a correct copy of the original, or
88
 specific part thereof, as the case
may be. The attestation must be
under the official seal of the
attesting officer, if there be any, or
if he be the clerk of a court having
a seal, under the seal of such court.
(26a)
R132 S26 Section 26. Irremovability of
public record. — Any public record,
an official copy of which is
admissible in evidence, must not
be removed from the office in
which it is kept, except upon order
of a court where the inspection of
the record is essential to the just
determination of a pending case.
(27a)
R132 S27 Section 27. Public record of a
private document. — An
authorized public record of a
private document may be proved
by the original record, or by a copy
thereof, attested by the legal
custodian of the record, with an
appropriate certificate that such
officer has the custody. (28a)
R132 S28 Section 28. Proof of lack of
record. — A written statement
signed by an officer having the
custody of an official record or by
his deputy that after diligent search
a specific part thereof, as the case
may be. The attestation must be
under the official seal of the
attesting officer, if there be any, or
if he or she be the clerk of a court
having a seal, under the seal of
such court. (26)
Section 26. Irremovability of No amendment.
public record. — Any public record,
an official copy of which is
admissible in evidence, must not
be removed from the office in
which it is kept, except upon order
of a court where the inspection of
the record is essential to the just
determination of a pending case.
(27)
Section 27. Public record of a No amendment.
private document. — An
authorized public record of a
private document may be proved
by the original record, or by a copy
thereof, attested by the legal
custodian of the record, with an
appropriate certificate that such
officer has the custody. (28a)
. . . his or her. . . These phrases were added apparently to promote
gender equality.
89
 no record or entry of a specified
tenor is found to exist in the
records of his office, accompanied
by a certificate as above provided,
is admissible as evidence that the
records of his office contain no such
record or entry.
R132 S29 Section 29. How judicial record
impeached. — Any judicial record
may be impeached by evidence of:
(a) want of jurisdiction in the court
or judicial officer, (b) collusion
between the parties, or (c) fraud in
the party offering the record, in
respect to the proceedings. (30a)
R132 S30 Section 30. Proof of notarial
documents. — Every instrument
duly acknowledged or proved and
certified as provided by law, may
be presented in evidence without
further proof, the certificate of
acknowledgment being prima
facie evidence of the execution of
the instrument or document
involved. (31a)
R132 S31 Section 31. Alteration in
document, how to explain. — The
party producing a document as
Section 29. How judicial record No amendment.
impeached. — Any judicial record
may be impeached by evidence of:
(a) want of jurisdiction in the court
or judicial officer,
(b) collusion between the parties,
or
(c) fraud in the party offering the
record, in respect to the
proceedings. (30)
Section 30. Proof of notarial No amendment.
documents. — Every instrument
duly acknowledged or proved and
certified as provided by law, may
be presented in evidence without
further proof, the certificate of
acknowledgment being prima
facie evidence of the execution of
the instrument or document
involved. (31a)
. . . he or she . . . These phrases were added apparently to promote
gender equality.
90
 genuine which has been altered
and appears to have been altered
after its execution, in a part
material to the question in dispute,
must account for the alteration. He
may show that the alteration was
made by another, without his
concurrence, or was made with the
consent of the parties affected by
it, or was otherwise properly or
innocent made, or that the
alteration did not change the
meaning or language of the
instrument. If he fails to do that,
the document shall not be
admissible in evidence.
R132 S32 Section 32. Seal. — There shall Section 32. Seal. — There shall No amendment.
be no difference between sealed be no difference between sealed
and unsealed private documents and unsealed private documents
insofar as their admissibility as insofar as their admissibility as
evidence is concerned. (33a) evidence is concerned. (32)
R132 S33 Section 33. Documentary Section 33. Documentary No amendment.
evidence in an unofficial evidence in an unofficial
language. — Documents written in language. — Documents written in
an unofficial language shall not be an unofficial language shall not be
admitted as evidence, unless admitted as evidence, unless
accompanied with a translation into accompanied with a translation
English or Filipino. To avoid into English or Filipino. To avoid
interruption of proceedings, parties interruption of proceedings,
or their attorneys are directed to parties or their attorneys are

91
 have such translation prepared directed to have such translation
before trial. (34a) prepared before trial. (33)
R132 S34 Section 34. Offer of Section 34. Offer of No amendment.
evidence. — The court shall evidence. — The court shall
consider no evidence which has not consider no evidence which has not
been formally offered. The purpose been formally offered. The purpose
for which the evidence is offered for which the evidence is offered
must be specified. (35) must be specified. (34)
R132 S35 Section 35. When to make Section 35. When to make The amendment is pertinent in the presentation of
offer. — As regards the testimony offer. — All evidence must be evidence during trial.
of a witness, the offer must be offered orally.
made at the time the witness is
called to testify. The offer of the testimony of a
witness in evidence must be made
Documentary and object evidence at the time the witness is called to
shall be offered after the testify.
presentation of a party's
testimonial evidence. Such offer The offer of documentary and
shall be done orally unless allowed object evidence shall be made
by the court to be done in writing. after the presentation of a party's
testimonial evidence.
R132 S36 Section Section The amendment is pertinent in the presentation of
36. Objection. — Objection to 36. Objection. — Objection to evidence during trial.
evidence offered orally must be offer of evidence must be made
made immediately after the offer is orally immediately after the offer is
made. made.

Objection to a question Objection to the testimony of a

propounded in the course of the witness for lack of a formal offer
oral examination of a witness shall must be made as soon as the
be made as soon as the grounds witness begins to testify. Objection

92
 therefor shall become reasonably to a question propounded in the
apparent. course of the oral examination of a
witness must be made as soon as
An offer of evidence in writing shall the grounds therefor shall become
be objected to within three (3) days reasonably apparent.
after notice of the unless a different
period is allowed by the court. An offer of evidence in writing shall
be objected to within three (3)
In any case, the grounds for the days after notice of the unless a
objections must be specified. different period is allowed by the
court.

In any case, the grounds for the

R132 S37 Section 37. When repetition of
objection unnecessary. — When it
becomes reasonably apparent in
the course of the examination of a
witness that the question being
propounded are of the same class
as those to which objection has
been made, whether such objection
was sustained or overruled, it shall
not be necessary to repeat the
objection, it being sufficient for the
adverse party to record his
continuing objection to such class
of questions. (37a)
R132 S38 Section 38. Ruling. — The ruling
of the court must be given
immediately after the objection is
objections must be specified.
Section 37. When repetition of No amendment.
objection unnecessary. — When it
becomes reasonably apparent in
the course of the examination of a
witness that the question being
propounded are of the same class
as those to which objection has
been made, whether such
objection was sustained or
overruled, it shall not be necessary
to repeat the objection, it being
sufficient for the adverse party to
record his continuing objection to
such class of questions. (37a)
Section 38. Ruling. — The ruling No amendment.
of the court must be given
immediately after the objection is

93
 made, unless the court desires to
take a reasonable time to inform
itself on the question presented;
but the ruling shall always be made
during the trial and at such time as
will give the party against whom it
is made an opportunity to meet the
situation presented by the ruling.
made, unless the court desires to
take a reasonable time to inform
itself on the question presented;
but the ruling shall always be made
during the trial and at such time as
will give the party against whom it
is made an opportunity to meet the
situation presented by the ruling.

The reason for sustaining or The reason for sustaining or

overruling an objection need not be
overruling an objection need not
stated. However, if the objection is
be stated. However, if the
based on two or more grounds, a objection is based on two or more
ruling sustaining the objection on
grounds, a ruling sustaining the
one or some of them must specifyobjection on one or some of them
the ground or grounds relied upon.
must specify the ground or
(38a) grounds relied upon. (38)
R132 S39 Section 39. Striking out
Section 39. Striking out The amendment is pertinent in the presentation of
answer. — Should a witness
answer. — Should a witness evidence during trial.
answer the question before the answer the question before the
adverse party had the opportunity
adverse party had the opportunity
to voice fully its objection to the
to voice fully its objection to the
same, and such objection is found
same, or where a question is not
to be meritorious, the court shall
objectionable, but the answer is
sustain the objection and order the
not responsive, or where the
answer given to be stricken off the
witness testifies without question
record. being posed or testifies beyond
limits set by the court, or when the
On proper motion, the court may witness does a narration instead of
also order the striking out of answering the question, and such
objection is found to be

94
 answers which are incompetent, meritorious, the court shall sustain
irrelevant, or otherwise improper. the objection and order the
answer, testimony or narration to
be stricken off the record.

On proper motion, the court may

R132 S40 Section 40. Tender of excluded
evidence. — If documents or
things offered in evidence are
excluded by the court, the offeror
may have the same attached to or
made part of the record. If the
evidence excluded is oral, the
offeror may state for the record the
name and other personal
circumstances of the witness and
the substance of the proposed
testimony. (n)
also order the striking out of
answers which are incompetent,
irrelevant, or otherwise improper.
Section 40. Tender of excluded No amendment.
evidence. — If documents or
things offered in evidence are
excluded by the court, the offeror
may have the same attached to or
made part of the record. If the
evidence excluded is oral, the
offeror may state for the record the
name and other personal
circumstances of the witness and
the substance of the proposed
testimony. (40)

RULE 133
WEIGHT AND SUFFICIENCY OF EVIDENCE

R133 S1 Section 1. Preponderance of Section 1. Preponderance of

evidence, how determined. — In
civil cases, the party having burden
of proof must establish his case by
a preponderance of evidence. In
determining where the
evidence, how determined. — In
civil cases, the party having
burden of proof must establish his
or her case by a preponderance of
evidence. In determining where

95
 preponderance or superior weight
of evidence on the issues involved
lies, the court may consider all the
facts and circumstances of the
case, the witnesses' manner of
testifying, their intelligence, their
means and opportunity of knowing
the facts to which there are
testifying, the nature of the facts to
which they testify, the probability
or improbability of their testimony,
their interest or want of interest,
and also their personal credibility
so far as the same may legitimately
appear upon the trial. The court
may also consider the number of
witnesses, though the
preponderance is not necessarily
with the greater number. (1a)
R133 S2 Section 2. Proof beyond
reasonable doubt. — In a criminal
case, the accused is entitled to an
acquittal, unless his guilt is shown
beyond reasonable doubt. Proof
beyond reasonable doubt does not
mean such a degree of proof,
excluding possibility of error,
produces absolute certainly. Moral
certainly only is required, or that
degree of proof which produces
the preponderance or superior
weight of evidence on the issues
involved lies, the court may
consider all the facts and
circumstances of the case, the
witnesses' manner of testifying,
their intelligence, their means and
opportunity of knowing the facts to
which there are testifying, the
nature of the facts to which they
testify, the probability or
improbability of their testimony,
their interest or want of interest,
and also their personal credibility
so far as the same may
legitimately appear upon the trial.
The court may also consider the
number of witnesses, though the
preponderance is not necessarily
with the greater number. (1a)
Section 2. Proof beyond
reasonable doubt. — In a criminal
case, the accused is entitled to an
acquittal, unless his or her guilt is
shown beyond reasonable doubt.
Proof beyond reasonable doubt
does not mean such a degree of
proof, excluding possibility of
error, produces absolute certainly.
Moral certainly only is required, or
that degree of proof which
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 conviction in an unprejudiced mind. produces conviction in an
(2a) unprejudiced mind. (2a)
R133 S3 Section 3. Extrajudicial Section 3. Extrajudicial No amendment.
confession, not sufficient ground confession, not sufficient ground
for conviction. — An extrajudicial for conviction. — An extrajudicial
confession made by an accused, confession made by an accused,
shall not be sufficient ground for shall not be sufficient ground for
conviction, unless corroborated by conviction, unless corroborated by
evidence of corpus delicti. (3) evidence of corpus delicti. (3)
R133 S4 Section 4. Circumstantial Section 4. Circumstantial New provision, last paragraph of Sec. 4.
evidence, when evidence, when
sufficient. — Circumstantial sufficient. — Circumstantial The amendment is pertinent in the determination
evidence is sufficient for conviction evidence is sufficient for conviction of weight or probative value of evidence adduced
if: if: during trial.

(a) There is more than one (a) There is more than one
circumstances; circumstances;

(b) The facts from which the (b) The facts from which the
inferences are derived are inferences are derived are
proven; and proven; and

(c) The combination of all the (c) The combination of all the
circumstances is such as to circumstances is such as to
produce a conviction beyond produce a conviction beyond
reasonable doubt. reasonable doubt.

Inferences cannot be based on

other inferences.

97
R133 S5
R133 S6 Section 5. Substantial
evidence. — In cases filed before
administrative or quasi-judicial
bodies, a fact may be deemed
established if it is supported by
Section 5. Weight to be given The amendment is pertinent in the determination
opinion of expert witness, how of weight or probative value of evidence adduced
determined – In any case where during trial.
the opinion of an expert witness is
received in evidence, the court has This is an entirely new provision.
a wide latitude of discretion in
determining the weight to be given Secs. 5, 6, & 7 are now Secs. 6, 7, & 8 of Rule 133.
to such opinion, and for that
purpose may consider the
following:
(a) Whether the opinion is based
upon sufficient facts or data;
(b) Whether it is the product of
reliable principles and
methods:
(c) Whether the witness has
applied the principles and
methods reliably to the facts
of the case: and
(d) Such other factors as the court
may deem helpful to make
such determination.
Section 6. Substantial No amendment.
evidence. — In cases filed before
administrative or quasi-judicial
bodies, a fact may be deemed
established if it is supported by
98
 substantial evidence, or that
amount of relevant evidence which
a reasonable mind might accept as
adequate to justify a conclusion.
(n)
R133 S7 Section 6. Power of the court to
stop further evidence. — The court
may stop the introduction of
further testimony upon any
particular point when the evidence
upon it is already so full that more
witnesses to the same point cannot
be reasonably expected to be
additionally persuasive. But this
power should be exercised with
caution. (6)
R133 S8 Section 7. Evidence on
motion. — When a motion is based
on facts not appearing of record the
court may hear the matter on
affidavits or depositions presented
by the respective parties, but the
court may direct that the matter be
heard wholly or partly on oral
testimony or depositions. (7)
substantial evidence, or that
amount of relevant evidence which
a reasonable mind might accept as
adequate to justify a conclusion.
(5)
Section 7. Power of the court to
stop further evidence. — The court
may stop the introduction of
further testimony upon any
particular point when the evidence
upon it is already so full that more
witnesses to the same point cannot
be reasonably expected to be
additionally persuasive. This power
shall be exercised with caution.
(6a)
Section 8. Evidence on No amendment.
motion. — When a motion is based
on facts not appearing of record
the court may hear the matter on
affidavits or depositions presented
by the respective parties, but the
court may direct that the matter be
heard wholly or partly on oral
testimony or depositions. (7)
99