NOTES

on
The 2019 Proposed Amendments to the
REVISED RULES ON EVIDENCE
A.M. No. 19-08-05-SC
8 October 2019
(Effective: 1 MAY 2020)
Deputy Court Administrator RAUL B. VILLANUEVA
OCA-Supreme Court

NOTICE: This material was done for educational purposes only. The comparisons made herein were simply to determine
what were the amendments or revisions done in every Rule, if any. The reasons for the amendments or revisions, for lack of
sufficient information thereon, are not discussed. Full responsibility is assumed for any comment or remark found herein.
 RULE 128
GENERAL PROVISIONS
SECTION ORIGINAL AMENDED REMARKS
PROVISION PROVISION
Sec. 3. Admissibility of Evidence is admissible Evidence is admissible  The amendment in
evidence when it is relevant to when it is relevant to Sec. 3 is that
the issue and not the issue and not evidence may be
excluded by the law or excluded by the inadmissible if
these rules. Constitution, the law excluded also by
or these Rules. the Constitution
 In the Constitution,
there are basic
rights that may
affect the
admissibility of
evidence, such as
those covered by
the Bill of Rights.

NOTE: No amendment in Sec. 1 (Evidence defined), Sec. 2 (Scope) and Sec. 4 (Relevancy; collateral matters)
 RULE 129
WHAT NEED NOT BE PROVED
SECTION ORIGINAL
PROVISION
Sec. 1. Judicial notice, A court shall take judicial notice,
without the introduction of
when mandatory evidence, of the existence and
territorial extent of states, their
political history, forms of
government and symbols of
nationality, the law of nations, the
admiralty and maritime courts of
the world and their seals, the
political constitution and history of
the Philippines, official acts of the
legislative, executive and judicial
departments of the Philippines, the
laws of nature, the measure of
time, and the geographical
divisions.
Sec. 3. Judicial notice, During the trial, the court, on
its own initiative, or on
when hearing
necessary request of a party, may
announce the intention to
take judicial notice of any
matter and allow the parties
to be heard thereon.
NOTE: No amendment to Sec. 2 (Judicial notice, when discretionary)
AMENDED REMARKS
PROVISION
A court shall take judicial notice,  The amendment in Sec. 1
without the introduction of pertains to recognizing the
evidence, of the existence and official acts of the legislative,
territorial extent of states, their executive and judicial
political history, forms of departments of the National
government and symbols of Government of the Philippines
nationality, the law of nations, the
admiralty and maritime courts of
the world and their seals, the
political constitution and history of
the Philippines, official acts of the
legislative, executive and judicial
departments of the National
Government of the Philippines,
the laws of nature, the measure of
time, and the geographical
divisions.
During the pre-trial and the  The amendment in Sec. 3
trial, the court, motu recognizes, among others, the
judicial notice may be
proprio, or upon motion, announced also during the
shall hear the parties on pre-trial.
the propriety of taking  Also, the court may motu
judicial notice of any matter. proprio or upon motion”,
instead of “on request”, hear
the parties on giving a matter
judicial notice
 RULE 129
WHAT NEED NOT BE PROVED – cont.
SECTION ORIGINAL
PROVISION
Sec. 3. Judicial notice, After the trial, and before
when hearing necessary judgment or on appeal,
– cont. the proper court, on its
own initiative or on
request of a party, may
take judicial notice of any
matter and allow the
parties to be heard
thereon if such matter is
decisive of a material
issue in the case.
Sec. 4. Judicial An admission, verbal or
admissions written, made by a party
in the course of the
proceedings in the same
case, does not require
proof. The admission
may be contradicted only
by showing that it was
made through palpable
mistake or that no such
admission was made.
AMENDED
PROVISION
Before judgment or on
appeal, the court, motu
proprio or upon motion,
may take judicial notice of
any matter and shall
hear the parties thereon if
such matter is decisive of
a material issue in the
case.
An admission, oral or
written, made by the party
in the course of the
proceedings in the same
case, does not require
proof. The admission may
be contradicted only by
showing that it was made
through palpable mistake
or that the imputed
admission was not, in
fact, made.
REMARKS
 The amendment in the
same section removed
the phrase “After the
trial”, which actually
involves proceedings
“before judgment”
 Further, the use of the
terms “motu proprio” and
“upon motion” are
consistent with the use
thereof in the 1st par. of
Sec. 3
 The amendment in Sec.
4 used the word “oral”,
instead of “verbal” when
referring to an admission
 Also, the “imputed
admission” simply refers
to the “judicial
admission”
 A “judicial admission” not
“in fact” made is just
stressing the point.
 RULE 130
RULES OF ADMISSIBILITY
SECTION ORIGINAL AMENDED REMARKS
PROVISION PROVISION
B. DOCUMENTARY Documents as evidence Documents as evidence  The amendment in Sec. 2
EVIDENCE consist of writings or any consist of writings, expanded the definition of
material containing letters, recordings, photographs or documentary evidence,
Sec. 2. Documentary words, numbers, figures, any material containing which now includes
evidence symbols or other modes of letters, words, sounds, “recordings and
written expression offered as numbers, figures, symbols, or photographs”, as well as
proof of their contents. their equivalent, or other “sounds”, or their
modes of written expression “equivalent”
offered as proof of their  There is also a new
contents. Photographs paragraph on the definition
include still pictures, of “photographs”
drawings, stored images, x-
ray films, motion pictures or
videos.

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

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

 RULE 130
RULES OF ADMISSIBILITY – cont.
SECTION ORIGINAL
PROVISION
1. Original Document (a) When the original has been
lost or destroyed, or cannot be
Rule (No longer the Best produced in court, without bad
Evidence Rule) faith on the part of the offeror;
Sec. 3. Original document (b) When the original is in the
must be produced; custody or under the control of
the party against whom the
exceptions – cont. evidence is offered, and the latter
fails to produce it
reasonable notice;
(c) xxx xxx xxx
(d) xxx xxx xxx
1. Original Document (a) The original of the document
is one of the contents of which
Rule are the subject of inquiry
Sec. 4. Original of
document
AMENDED
PROVISION
(a) When the original is lost or
destroyed, or cannot be produced
in court, without bad faith on the
part of the offeror;
(b) When the original is in the
custody or under the control of
the party against whom the
evidence is offered, and the latter
after fails to produce it after
reasonable notice, or the
original cannot be obtained by
local judicial processes or
procedures;
(c) xxx
(d) xxx
(e) When the original is not
closely-related to a controlling
issue.
(a) An “original” of a document
is the document itself or any
counterpart intended to have
the same effect by a person
executing or issuing it. An
“original” of a photograph
includes the negative or any
print therefrom. If data is
stored in a computer or similar
device, any printout or other
output readable by sight or
other means, shown to reflect
the data accurately, is an
“original”.
REMARKS
 No amendment in items (c)
and (d) in the exceptions,
while there is only a minor
amendment in item (a)
 The amendment in item (b)
includes, as an exception, a
situation wherein the original
of a document, writing,
recording, photograph or other
record cannot be obtained by
judicial processes
 Item (e) is a new provision
wherein as another exception
is when the original is not
closely-related to a controlling
issue
 This item (a) is a new
provision
 The amendment defines what
an original document is, which
is the document itself or any
counterpart intended to have
the same effect
 Also, it provides that an
original of a photograph
includes the negative or any
print therefrom
 Further, the data stored in a
computer or similar device,
when printed, is also an
original
 RULE 130
RULES OF ADMISSIBILITY – cont.
SECTION ORIGINAL
PROVISION
1. Original Document (b) When a document is in
Rule two or more copies executed
at or about the same time,
Sec. 4. Original of with identical contents, all
document – cont. such copies are equally
regarded as originals
(c) When an entry is repeated
in the regular course of
business, one being copied
from another at or near the
time of the transaction, all the
entries are likewise equally
regarded as originals
AMENDED
PROVISION
(b) A “duplicate” is a
counterpart produced by
the same impression as the
original, or from the same
matrix, or by means of
photography, including
enlargements and
miniatures, or by
mechanical or electronic re-
recording, or by chemical
reproduction, or by other
equivalent techniques
which accurately reproduce
the original.
(c) A duplicate is admissible
to the same extent as an
original unless (1) a  The admissibility of 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.
REMARKS
 This item (b) is a new
provision.
 The definition of a
“duplicate” is more detailed,
it pertains to a counterpart
produced (i) by the same
impression as the original,
or (ii) from the same matrix,
or (iii) by means of
photography, or (iv) by
mechanical or electronic
recording, (v) by chemical
reproduction, or (vi) by
other equivalent techniques
 This item (c) is a new
provision
duplicate is allowed to the
same extent as an original,
except if (1) a genuine
question is raised as to the
authenticity of the original
or (2) it is unjust or
inequitable to admit the
duplicate”
 RULE 130
RULES OF ADMISSIBILITY – cont.
SECTION ORIGINAL AMENDED REMARKS
PROVISION PROVISION
2. Secondary Evidence NO ORIGINAL When the contents of  Sec. 7 is a new provision
PROVISION documents, records,  It pertains to “voluminous”
Sec. 7. Summaries photographs, or numerous evidence that cannot be
accounts are voluminous and examined in court without
cannot be examined in court great loss of time, so the
without great loss of time, and contents thereof may be
the fact sought to be presented in the form of a
established is only the general chart, summary or calculation
result of the whole, the
contents of such evidence may
be presented in the form of a
chart, summary or calculation.
 Also, the “voluminous”
The originals shall be available evidence must be available to
for examination or copying, or the adverse party for
both, by the adverse party at a examination or copying
reasonable time and place.

3. Parol Evidence Rule When the terms of an When the terms of an  The amendment in the first
agreement have been agreement have been paragraph of Sec. 10 is not
Sec. 10. Evidence of substantial, aside from the re-
reduced to writing, it is reduced to writing, it is
written agreements considered as containing all considered as containing all numbering thereof, the word
“as” was merely inserted
the terms agreed upon and the terms agreed upon and
there can be, between the there can be, as between the
parties and their successors parties and their successors
in interest, no evidence of in interest, no evidence of
such terms other than the such terms other than the
contents of the written contents of the written
agreement. agreement.
NOTE1: The amendments in Secondary Evidence, Sec. 5 (When original document is unavailable) and Sec. 6 (When original
document is in adverse party’s custody or control) are gender-based (either “his or her” or “he or she”)
NOTE3: No amendment in Secondary Evidence, Sec. 8 (Evidence admissible when original document is a public record) and Sec.
9 (Party who calls for document not bound to offer it), except the re-numbering of said sections due to the addition of a new Sec. 7
(Summaries)
 RULE 130
RULES OF ADMISSIBILITY – cont.
SECTION ORIGINAL AMENDED REMARKS
PROVISION PROVISION
3. Parol Evidence Rule However, a party may present However, a party may present  No substantial amendment in
evidence to modify, explain or evidence to modify, explain or the third paragraph of Sec. 10,
Sec. 10. Evidence of add to the terms of the written add to the terms of the written aside from the gender-based
written agreements – agreement if he puts in issue in agreement if he or she puts in amendment, inserted was
cont. his pleading: issue in a verified pleading: word “verified” when referring
(a)xxx (a)xxx to the required pleading to
(b)xxx (b)xxx “modify explain or add to the
(c)xxx (c)xxx terms of a written agreement”
(d)xxx (d)xxx

The term “agreement” includes The term “agreement” includes

wills. wills.

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

NOTE1: No amendment in 4. Interpretation of Documents, Sec. 11 (Interpretation of a writing according to its legal meaning), Sec. 12 (Instrument construed so as to
give effect to all provisions), Sec. 13. (Interpretation according to intention; general and particular provisions), Sec. 15 (Peculiar signification of terms), Sec. 16 (Written
words control printed), Sec. 17 (Experts and interpreters to be used in explaining certain writings), Sec. 19 (Construction in favor of natural right) and Sec. 20
(Interpretation according to usage), except the re-numbering of the said sections
NOTE2: Amendments in 4. Interpretation of Documents, Sec. 14 (Interpretation according to circumstances) and Sec. 18 (Of two constructions, which preferred) are
gender-based and the re-numbering of the said sections
NOTE3: No amendment in C. TESTIMONIAL EVIDENCE, 1. Qualification of Witnesses, Sec. 21 (Witnesses; their qualifications), except the re-numbering of said
section
NOTE4: Amendments in 1. Qualification of Witnesses, Sec. 22 (Testimony confined to personal knowledge) are gender-based and the re-numbering of said section.
This is the old Sec. 36 (Testimony generally confined to personal knowledge; hearsay excluded)
NOTE5: The old 1. Qualification of Witnesses, Sec. 21 (Disqualification by reason of mental incapacity or immaturity) was DELETED
NOTE6: The old 1. Qualification of Witnesses, Sec. 23 (Disqualification by reason of death or insanity) was TRANSPOSED to the new Sec. 39.
 RULE 130
RULES OF ADMISSIBILITY – cont.
SECTION ORIGINAL
PROVISION
1. Qualification of The following persons
Witnesses cannot testify as to matters
learned in confidence in the
Sec. 24. Disqualification
by reason of privileged following cases:
communication (a) xxx xxx xxx
(b) An attorney cannot,
without the consent of his
client, be examined as to
any communication made
by the client to him, or his
advice given thereon in the
course of, or with a view to,
professional employment,
nor can an attorney’s
secretary, stenographer, or
clerk be examined, without
the consent of the client
and his employer,
concerning any fact the
knowledge of which has
been acquired in such
capacity.
AMENDED
PROVISION
The following persons cannot
testify as to matters learned in
confidence in the following
cases:
(a) xxx xxx xxx
(b) An 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 be
examined, without the
consent of the client and his
employer, concerning any fact
the knowledge of which has
been acquired in such
capacity, except in the
following cases:
REMARKS
 The amendment in item (b)
is that, aside from the
lawyer, a “person
reasonably believed by the
client to be licensed to
engage in the practice of
law” is included in the
prohibition to testify against
a client based on privileged
communication
 Also, included in the
prohibition are the “other
persons assisting the
attorney”
 Item (b) also also includes
an enumeration of
“exceptions” to the
“attorney-client” privilege,
which is a new provision
 The further amendment in
item (b) is gender-based
 There is no amendment in
item (a) on the privileged
communication involving
the husband and wife
during or after the marriage
 RULE 130
RULES OF ADMISSIBILITY – cont.
SECTION ORIGINAL AMENDED REMARKS
PROVISION PROVISION
1. Qualification of NO ORIGINAL (i) Furtherance of crime or  Exceptions (i) to (iv) of
PROVISION fraud. If the services or advice item (b) are new
Witnesses of the lawyer were sought or
Sec. 24. Disqualification obtained to enable or aid
provisions which are
by reason of privileged anyone to commit or plan to exceptions to the lawyer-
communication – cont. commit what the client knew or client privileged
reasonably should have known communication, such as,
to be a crime or fraud; when the services or
(ii) Claimants through same
deceased client. As to
advice of the lawyer was
communication relevant to an (i) in furtherance of a
issue between parties who crime or fraud, or the
claim through the same communication
deceased client, regardless of conveyed to the lawyer is
whether the claims are by
testate or intestate or by inter
relevant to (ii) claimants
vivos transaction; through the same
(iii) Breach of duty by lawyer or deceased client (of the
client. As to a communication lawyer), or the
relevant to an issue of breach communication is a (iii)
of duty by the lawyer to his or
her client, or by the client to
breach of duty by the
his or her lawyer; lawyer to his or her
(iv) Document attested by the client, or the
lawyer. As to a communication communication is
relevant to any issue relevant to an (iv)
concerning an attested
document to which the lawyer
attested document to
is an attesting witness; or which the lawyer was the
attesting witness
 RULE 130
RULES OF ADMISSIBILITY – cont.
SECTION ORIGINAL
PROVISION
1. Qualification of NO ORIGINAL PROVISION
Witnesses
Sec. 24. Disqualification
by reason of privileged
communication – cont.
(c) A person authorized to practice
medicine, surgery or obstetrics
cannot in a civil case, without the
consent of the patient, be examined
as to any advice or treatment given
by him or any information which he
may have acquired in attending such
patient in a professional capacity,
which information was necessary to
enable him to act in such capacity,
and which which would blacken the
reputation of the patient;
AMENDED
PROVISION
(v) Joint clients. As to a
communication relevant to a
matter of common interest
between two or more clients if the
communication was made by any
of them to a lawyer retained or
consulted in common, when
offered in an action between any
of the clients, unless they have
expressly agreed otherwise.
(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 addition,
between patient and his or her
physician or psychotherapist. This
privilege also applies to persons,
including members of the
patient’s family, who have
participated in the diagnosis or
treatment of the patient under the
direction of the physician or
psychotherapist.
REMARKS
 Exception (v) of item (b) is also a
new provisions which is an
exception to the lawyer-client
privileged communication when
the communication is relevant to
a common interest between 2 or
more clients
 Item (c) is completely a different
provision on “doctor-patient”
privilege.
 This identifies who are covered
by the privilege, or those who
cannot be examined as to any
confidential communication made
for the purpose or treatment of
the patient’s physical, mental or
emotional condition, including
alcohol or drug addition,
particularly the physician,
psychotherapist or person
believed to be authorized to
practice medicine
 The privilege now covers
“members of the patient’s family
who participated in the diagnosis
or treatment of the patient under
the direction of the physician or
psychotherapist
 RULE 130
RULES OF ADMISSIBILITY – cont.
SECTION ORIGINAL
PROVISION
1. Qualification of NO ORIGINAL
PROVISION
Witnesses
Sec. 24. Disqualification
by reason of privileged
communication – cont.
(d) A minister or priest cannot,
without the consent of the
person making the
confession, be examined as
to any confession made to or
any advice given by him in his
professional character in the
course of discipline enjoined
by the church to which the
minister or priest belongs;
(e) A public officer cannot be
examined during his term of
office afterwards, as to
communications made to him
in official confidence, when
the court finds that the public
interest would suffer by the
disclosure.
AMENDED REMARKS
PROVISION
A “psychotherapist” is:  This definition of a
“psychotherapist” is a new
(a) A person licensed to provision in item (c)
practice medicine engaged in
the diagnosis or treatment of a
mental or emotional condition,
or
(b) A person licensed as a
psychologist by the
government while similarly
engaged.
(d) A minister, priest or person  Item (d) identifies who are
reasonably believed to be so covered by the “priest-
cannot, without the consent of confessant” privileged
the affected person, be communication, which
examined as to any includes a person reasonably
communication or confession believed to be a minister or
made to or any advice given by priest by the confessant or
him or her, in his or her affected person, regarding the
professional character, in the confession or advice given to
course of discipline enjoined by him
the church to which the minster
or priest belongs.
(e) A public officer cannot be  The amendment in item (e)
examined during or after his or covers not only
her tenure as to communications communications during the
made to him or her in official tenure of the public officer, but
confidence, when the court finds even “after his or her tenure”
that the public interest would
suffer by the disclosure.
 RULE 130
RULES OF ADMISSIBILITY – cont.
SECTION ORIGINAL AMENDED REMARKS
PROVISION PROVISION
1. Qualification of NO ORIGINAL The communication shall be  This last paragraph is a new
Witnesses PROVISION privileged, even in the provision
hands of a third person who  For the communication to
Sec. 24. Disqualification may have obtained the remain privileged, even if in
by reason of privileged information, provided that the hands of a third person,
communication – cont. the original parties to the the concerned parties
communication took should have taken
precaution to protect its precautions to protect its
confidentiality. confidentiality

2. Testimonial Privilege No person may be No person shall be compelled  The amendment in Sec. 25 is,
compelled to testify to testify against his or her among others, gender-based.
Sec. 25. Parental and  Also, there is a new provision
against his parents, other parents, other direct
filial privilege ascendants, children or other on the exception to the parental
direct ascendants, and filial privilege, i.e., when
direct descendants, except
children or other direct the testimony is indispensable
when such testimony is in a crime involving the
descendants.
indispensable in a crime concerned person or by one
against that person or by parent against the other
one parent against the
other.

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

PROVISION to testify about any trade  The amendment considers as
Sec. 26. Privilege secret, unless the non- privilege the disclosure of
relating to trade secrets disclosure will conceal fraud or “trade secrets”, unless the non-
otherwise work injustice. When disclosure will conceal fraud or
disclosure is directed, the court otherwise work injustice
shall take such protective  When disclosure is ordered by
measure as the interest of the the court, protective measures
owner of the trade secret and must be taken to protect the
of the parties and the interest of the owner of the
furtherance of justice may trade secret and of the parties
require. and the furtherance of justice
may require
 RULE 130
RULES OF ADMISSIBILITY – cont.
SECTION ORIGINAL AMENDED
PROVISION PROVISION
In civil cases, an offer of In civil cases, an offer of
3. Admissions and
compromise is not an admission of compromise is not an admission of
Confessions any liability, and is not admissible in any liability, and is not admissible in
Sec. 28. Offer of evidence against the offeror. evidence against the offeror. Neither
is evidence of conduct nor
compromise not statements made in compromise
admissible negotiations admissible, except
evidence otherwise discoverable
or offered for another purpose,
such as proving bias or prejudice
of a witness, negativiting a
contention of undue delay, or
proving an effort to obstruct a
criminal investigation or
prosecution.
xxx xxx xxx
xxx xxx xxx
A plea of guilty later withdrawn, or an
A plea of guilty later withdrawn, or an unaccepted offer of a plea of guilty to
unaccepted offer of a plea of guilty to a lesser offense, is not admissible in
a lesser offense, is not admissible in evidence against the accused who
evidence against the accused who made the plea of offer. Neither is
made the plea of offer. 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.
NOTE1: The amendments in 3. Admissions and Confessions, Sec. 27 (Admission of a party), Sec. 33 (Admission by silence) and Sec. 34
(Confession) are gender-based and pertains to the re-numbering of the said sections
NOTE2: No amendment in 3. Admissions and Confessions, Sec. 29 (Admission by third party), except the re-numbering of said section
REMARKS
 The second sentence in the first
paragraph of Sec. 28 is a new
provision.
 The amendment provides that
“evidence of conduct nor
statements made in compromise
negotiations” cannot be
admissible, except if such
evidence were “discoverable or
offered for another purpose”,
such as proving bias or prejudice
of a witness
 No amendment in the second
paragraph of Sec. 28 (offer of
compromise in criminal cases)
 The second sentence in the third
paragraph is a new provision.
 It provides that a plea bargaining
with the prosecution cannot be
used in evidence against the
accused
 No amendment in the fourth
paragraph of Sec. 28 (offer to pay
medical, hospital or other
expenses)
 RULE 130
RULES OF ADMISSIBILITY – cont.
SECTION ORIGINAL
PROVISION
3. Admissions and The act or declaration of a
partner or agent of the party
Confessions within the scope of his authority
Sec. 30. Admission by and during the existence of the
co-partner or agent partnership or agency, may be
given in evidence against such
party after the partnership or
agency is shown by evidence
other than such or declaration.
The same rule applies to the act
or declaration of a joint owner,
joint debtor, or other person
jointly interested with the party.
3. Admissions and The act or declaration of a
conspirator relating to the
Confessions conspiracy and during its
Sec. 31. Admission by existence, may by given in
conspirator evidence against the co-
conspirator after the conspiracy
is shown by evidence other than
such act of declaration.
3. Admissions and Where one derives title to
property from another, the act,
Confessions declaration, or omission of the
Sec. 32. Admission by latter, while holding the title, in
privies relation to the property, is
evidence against the former.
AMENDED
PROVISION
The act or declaration of a partner
or agent authorized by the party
to make a statement concerning
the subject, or within the scope of
his or her authority and during the
existence of the partnership or
agency, may be given in evidence
against such party after the
partnership or agency is shown by
evidence other than such 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.
The act or declaration of a
conspirator in furtherance of the
conspiracy and during its
existence, may by given in
evidence against the co-
conspirator after the conspiracy is
shown by evidence other than
such act of declaration.
Where one derives title to property
from another, the latter’s act,
declaration, or omission, in relation
to the property, is evidence against
the former if done while the latter
was holding the title.
REMARKS
 The amendment in the first
paragraph of Sec. 30 only
clarifies the authority given to
a partner or agent
 Also, the amendment also is
gender-based.
 The amendment in Sec. 31 is
a minor one and a matter of
style, aside from the re-
numbering of the said section
 The amendment in Sec. 32 is
a minor one and a matter of
style, as well as pertaining to
the numbering of the said
section
 Also, it clarifies that the act,
declaration or omission of the
holder of title is evidence
against the one deriving title
therefrom
 RULE 130
RULES OF ADMISSIBILITY – cont.
SECTION ORIGINAL AMENDED
PROVISION PROVISION
5. Hearsay NO ORIGINAL PROVISION Hearsay is a statement other than
one made by the declarant while
Sec. 37. Hearsay testifying at a trial or hearing,
offered to prove the truth of the
facts asserted therein. A statement
is (1) an oral or written assertion or
(2) a non-verbal conduct of a
person, if it is intended by him or
her as an assertion. Hearsay
evidence is inadmissible except as
otherwise provided in these Rules.
A statement is not hearsay if the
declarant testifies at the trial or
hearing and is subject to cross-
examination concerning the
statement, and the statement is (a)
inconsistent with the declarant’s
testimony, and was given under
oath subject to the penalty of
perjury at a trial, hearing or other
proceeding, or in a deposition; (b)
consistent with the declarant’s
testimony and is offered to rebut an
express or implied charge against
the declarant of recent fabrication
or improper influence or motive; or
(c) one of identification of a person
made after perceiving him or her.
NOTE1: The item on 5. Hearsay is a new item in Rule 130
NOTE2: The old 5. Testimonial Knowledge, Sec. 36 (Testimony generally confined to personal knowledge; hearsay
excluded) was TRANSPOSED to Sec. 22 (Testimony confined to personal knowledge)
REMARKS
 This a new provision in Sec.
37 which defines what
HEARSAY means, which
essentially is a statement
other than one made by the
declarant while testifying at
a trial or hearing. The
statement may be (i) oral or
written or (ii) a non-verbal
conduct of a person.
 Prior thereto, there was no
definition of hearsay in the
Rules of Court.
 This second paragraph of
Sec. 37 is also a new
provision. It defines what is
NOT A HEARSAY
STATEMENT, which is
when a declarant testifies
and is subject to cross-
examination concerning the
statement and the
statement is: (i) inconsistent
with declarant’s testimony;
(ii) offered to rebut an
express or implied charge
against the declarant; or (iii)
one of identification of a
person made after
perceiving him or her
 RULE 130
RULES OF ADMISSIBILITY – cont.
SECTION ORIGINAL
PROVISION
6. Exceptions To The Parties or assignor of parties
to a case, or persons in
Hearsay Rule
whose behalf a case is
Sec. 39. Statement of prosecuted, against an
decedent or person of executor or administrator or
unsound mind other representative of a
deceased person, or against a
person of unsound mind,
upon a claim or demand
against the estate of such
deceased person or against
such person of unsound mind,
cannot testify as to any matter
of fact occurring before the
death of such deceased
person or before such person
became of unsound mind (old
Sec. 23, Rule 130)
NOTE1: Amendments to 6. Exceptions To The Hearsay Rule, Sec. 38 (Dying declaration), Sec. 46 (Entries in official
records), and Sec. 48 (Learned treatises) are gender-based and pertain to the re-numbering of the said sections
NOTE2: No amendment to 6. Exceptions To The Hearsay Rule, Sec. 47 (Commercial lists and the like), except the re-
numbering of the said section
AMENDED
PROVISION
In an action against an executor
or administrator or other
representative of a deceased
person, or against a person of
unsound mind, upon a claim or
demand against the estate of
such deceased person or against
such person of unsound mind,
where a party or assignor of a
party or a person in whose
behalf a case is prosecuted
testifies on a matter of fact
occurring before the death of the
decreased person or before the
person became of unsound mind,
any statement of the deceased
or the person of unsound
mind, may be received in
evidence if the statement was
made upon the personal
knowledge of the deceased or
the person of unsound mind at
a time when the matter had
been recently perceived by him
or her and while his or her
recollection was clear. Such
statement, however, is
inadmissible if made under
circumstances indicating its
lack of trustworthiness.
REMARKS
 This is a new section
regarding the statement of a
decedent or person of
unsound mind.
 The amendment requires,
among others, that any
statement that will be used in
an action against an executor,
administrator or other
representative of a deceased
person or of an unsound mind,
should be based on the
statement of the deceased or
the person of unsound mind
made upon the personal
knowledge of the latter at a
time when the matter had
been recently perceived by
him/her and while his/her
recollection was clear
 RULE 130
RULES OF ADMISSIBILITY – cont.
SECTION ORIGINAL
PROVISION
The declaration made by a person
6. Exceptions To The
deceased or unable to testify against
Hearsay Rule the interest of the declarant, if the
Sec. 40. Declaration fact asserted in the declaration was
at the time it was made so far
against interest 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.
The act or declaration of a person
6. Exceptions To The
deceased or unable to testify, in
Hearsay Rule respect to the pedigree of another
Sec. 41. Act or person related to him by birth or
marriage, may be received in
declaration about evidence where it occurred before
pedigree 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.
AMENDED PROVISION REMARKS
The declaration made by a person  The amendment in Sec. 40
deceased or unable to testify against the is, among others, gender-
interest of the declarant, if the fact asserted based.
in the declaration was at the time it was  Also, the second sentence
made so far contrary to the declarant’s own of Sec. 40 is a new
interest that a reasonable person in his or provision.
her position would not have made the  The new provision
declaration unless he or she believed it to specifies that if the
be true, may be received in evidence statement will expose the
against himself or herself or his or her declarant to criminal
successors in interest and against third liability and offered to
persons. A statement tending to expose exculpate the accused,
the declarant to criminal liability and then this is not admissible
offered to exculpate the accused is not in evidence
admissible unless corroborating
circumstances clearly indicate the
trustworthiness of the statement.
The act or declaration of a person  The amendment in Sec. 41
deceased or unable to testify, in respect to includes an act or
the pedigree of another person related to declaration of a deceased
him or her by birth, adoption, or marriage person or one unable to
or, in the absence thereof, with whose testify on the pedigree of a
family he or she was so intimately person related to him/her,
associated as to be likely to have not only by birth or
accurate information concerning his or marriage, but also by
her pedigree, may be received in evidence adoption
where it occurred before the controversy,  This also involves the
and the relationship between the two pedigree of a person with
persons is shown by evidence other than whose family he or she
such act or declaration. The word was so intimately
“pedigree” includes relationship, family associated for purposes of
genealogy, birth, marriage, death, the dates determining his/her
when and the places where these facts pedigree
occurred, and the names of the relatives. It
embraces also facts of family history
intimately connected with pedigree.
 RULE 130
RULES OF ADMISSIBILITY – cont.

SECTION ORIGINAL AMENDED REMARKS

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

Common reputation existing Common reputation existing  The amendment in the first
6. Exceptions To The
previous to the controversy, previous to the controversy, as to sentence of Sec. 43 involves
Hearsay Rule respecting facts of public or general boundaries of or customs common reputation, existing
Sec. 43. Common interest more than thirty years old, or affecting lands in the community previous to the controversy,
respecting marriage or moral and reputation as to events of regarding boundaries of or
reputation character, may be given in evidence. general history important to the customs affecting lands, as well
Monuments and inscriptions in public community, or respecting marriage as reputation as to events of
places may be received as evidence or moral character, may be given in general history important to the
of common reputation. evidence. Monuments and community, among others, may
inscriptions in public places may be be given in evidence
received as evidence of common
reputation.
Statements made by a person while Statements made by a person while  The amendment to the first
6. Exceptions To The
a startling occurrence is taking place a startling occurrence is taking place sentence of Sec. 44 gives
Hearsay Rule or immediately prior or subsequent or immediately prior or subsequent emphasis to the fact that the
Sec. 44. Part of the res thereto with respect to the thereto, under the stress of “statements made by a person
circumstances thereof, may be given excitement caused by the while a startling occurrence is
gestae in evidence as part of the res gestae. occurrence with respect to the taking place”, should be “under
So, also, statements accompanying circumstances thereof, may be given the stress of excitement caused
an equivocal act material to the in evidence as part of the res gestae. by the occurrence”
issue, and giving it a legal So, also, statements accompanying
significance, may be received as an equivocal act material to the
part of the res gestae. issue, and giving it a legal
significance, may be received as
part of the res gestae.
 RULE 130
RULES OF ADMISSIBILITY – cont.
SECTION ORIGINAL
PROVISION
6. Exceptions To The Entries made at, or near
the time of transactions to
Hearsay Rule
Sec. 45. Records of which they refer, by a
regularly conducted person deceased or unable
business activity to testify, who was in a
position to know the facts
therein stated, may be
received as prima facie
evidence, if such person
made the entries in his
professional capacity or I
the performance of duty
and in the ordinary or
regular course of business.
(old Sec. 43, Rule 130)
The testimony or deposition of
6. Exceptions To The
a witness deceased or unable
Hearsay Rule
to testify, given in a former
Sec. 49. Testimony or case or proceeding, judicial or
deposition at a former administrative, involving the
proceeding same parties and subject
matter, may be given in
evidence against the adverse
party who had the opportunity
to cross-examine him.
AMENDED
PROVISION
A memorandum, report, record
or data compilation of acts,
events, conditions, opinions or
diagnoses, made by writing,
typing, electronic, optical or
other similar means at or near
the time of or from
transmission or supply of
information by a person with
knowledge thereof, and kept in
the regular course or conduct
of a business activity, and
such was the regular practice
to make the memorandum,
report, record, or data
compilation by electronic,
optical or similar means, all of
which are shown by the
testimony of the custodian or
other qualified witnesses, is
excepted from the rule on
hearsay evidence.
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.
REMARKS
 Sec. 45 completely amended
the old Sec. 43 (Entries in the
course of business)
 This section provides that a
memorandum, report, record
or data compilation of acts,
events, conditions, opinions or
diagnoses, made by writing,
typing, electronic, optical or
other similar means that are
“kept in the regular course or
conduct of a business
activity”, and this was the
regular practice as shown by
the testimony of the custodian
of said items, is excepted from
the rule on hearsay evidence
 The amendment in Sec. 49
clarifies that, aside from the
testimony or deposition of a
deceased witness, the testimony
or a deposition of one who is “out
of the Philippines or who cannot,
with due diligence, be found
therein, or is unavailable or
unable to testify, given in a
former case or proceeding
involving the same parties, may
be given in evidence against the
adverse party who had the
opportunity to cross-examine said
witness
 RULE 130
RULES OF ADMISSIBILITY – cont.
SECTION ORIGINAL AMENDED
PROVISION PROVISION
NO ORIGINAL PROVISION A statement not specifically
6. Exceptions To The
covered by any of the foregoing
Hearsay Rule exceptions, having equivalent
Sec. 50. Residual circumstantial guarantees of
trustworthiness, is admissible if
exception the court determines that (a) the
statement is offered as evidence
of a material fact; (b) the
statement is more probative on
the point for which it is offered
than any other evidence which the
proponent can procure through
reasonable efforts; and (c) the
general purposes of these rules
and the interests of justice will be
best served by admission of the
statement into evidence.
However, a statement may not be
admitted under this exception
unless the proponent makes
known to the adverse party,
sufficiently in advance of the
hearing or by the pre-trial stage in
the case of a trial of the main
case, to provide the adverse party
with a fair opportunity to prepare
to meet it, the proponent’s
intention to offer the statement
and the particulars of it, including
the name and address of the
declarant.
REMARKS
 Sec. 50 is a new provision.
 The amendment recognizes other
statements that may be excepted
from the hearsay evidence rule
that may not have been
specifically covered by Secs. 38
to 49, that have equivalent
circumstantial guarantees of
trustworthiness
 It is like a “catch all” exception to
the hearsay rule
 Such may be admissible if the
court determines that: (a) the
statement is offered as evidence
of a material fact; (b) the
statements is more probative on
the point for which it is offered;
and (c) admitting the statement
would serve the general
purposes of therules and the
interest of justice
 However, before invoking the
exception under this section, the
proponent must make known to
the adverse party in advance of
the hearing or by the pre-trial
stage, the proponent’s intention
to offer such statement and the
particulars thereof, including the
name and address of the
declarant
 RULE 130
RULES OF ADMISSIBILITY – cont.
SECTION ORIGINAL
PROVISION
7. Opinion Rule The opinion of a witness on
a matter requiring special
Sec. 52. Opinion of
knowledge, skill,
expert witness
experience, or training
which he is shown to
possess, may be received
in evidence.
8. Character Evidence (a) In Criminal Cases
(1) The accused may prove
Sec. 54. Character
his good moral character
evidence not generally which is pertinent to the
admissible; exceptions moral trait involved in the
offense 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
NOTE1: No amendment in 7. Opinion Rule, Sec. 51 (General rule), except the re-numbering of the said section
NOTE2: The amendments in 7. Opinion Rule, Sec. 53 (Opinion of ordinary witnesses) are gender-based and pertain to
the re-numbering of the said sections
AMENDED
PROVISION
The opinion of a witness on a
matter requiring special
knowledge, skill, experience,
training or education, which
he or she is shown to
possess, may be received in
evidence.
Evidence of a person’s
character or a trait of character
is not admissible for the
purpose of proving action in
conformity therewith on a
particular occasion, except:
(a)In Criminal Cases;
(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
unless on rebuttal.
REMARKS
 The amendment in Sec. 52
requires that a witness must
possess “education” on the
matter that he will be testifying
on so that his opinion may be
received in evidence
 Another amendment is only
gender-based.
 The amendment in Sec. 54
states, among others, that an
evidence of a person’s
character or a trait of
character is not admissible to
prove action in conformity
therewith on a particular
occasion, subject to
exceptions
 In criminal cases, the new
item (1) is a re-wording of and
largely taken from the old item
(3) of Sec. 51 (now Sec. 54)
 Also, the new item (2) is a
combination of both the old
items (1) and (2) of Sec. 51
(now Sec. 54)
 RULE 130
RULES OF ADMISSIBILITY – cont.
SECTION ORIGINAL
PROVISION
8. Character Evidence (b) In Civil Cases
Sec. 54. Character Evidence of the moral character
evidence not generally of a party in a civil case is
admissible; exceptions – admissible only when pertinent to
the issue of character involved in
cont.
the case.
(c) In the case provided for in
Rule 132, Section 14 (Evidence
of good character of witness)
AMENDED
PROVISION
(b) In Civil Cases
Evidence of the moral character
of a party in a civil case is
admissible only when pertinent to
the issue of character involved in
the case.
(c) In Criminal and Civil Cases
Evidence of the good character
of a witness is not admissible
until such character has been
impeached.
In all cases in which evidence
of character or a trait of
character of a person is
admissible, proof may be made
by testimony as to reputation
or by testimony in the form of
an opinion. On cross-
examination, inquiry is
allowable into relevant specific
instances of conduct.
In cases in which character or
a trait of character of a person
is an essential element of a
charge, claim or defense, proof
may also be made of specific
instances of that person’s
conduct.
REMARKS
 No amendment with respect to
the item involving Civil Cases
 Item (c) for both “Criminal and
Civil Cases” is a new provision
and completely amends the
old item (c)
 The amendment in item (c)
provides that, among others, ,
“character evidence” is
admissible only if the witness
is impeached.
 Also, in all cases in which
character evidence or a trait
thereof is admissible, proof
thereof may be made by
testimony as to reputation or
by testimony in the form of an
opinion.
 During cross-examination, an
inquiry into relevant specific
instances of conduct is
allowed
 In cases in which character or
a trait of character of a person
is an essential element of a
charge, claim or defense,
proof thereof may be of
specific instances of that
person’s conduct
 RULE 131
BURDEN OF PROOF, BURDEN OF EVIDENCE AND
PRESUMPTIONS
SECTION ORIGINAL AMENDED
PROVISION PROVISION
Sec. 1. Burden of proof Burden of proof is the Burden of proof is the duty
and burden of evidence duty of a party to of a party to present
evidence on facts in issue
present evidence on
necessary to establish his
facts in issue or her claim or defense by
necessary to establish the amount of evidence
his claim or defense by required by law. Burden of
the amount of evidence proof never shifts.
required by law.
Burden of evidence is the
duty of a party to present
evidence sufficient to
establish or rebut a fact
in issue to establish a
prima facie case. Burden
of evidence may shift
from one party to the
other in the course of the
proceedings, depending
on the exigencies of the
case.
NOTE: The amendments in Sec. 2 (Conclusive presumptions), Sec. 3 (Disputable presumptions) and Sec. 4 (No
presumption of legitimacy or illegitimacy) are gender-based and minor clerical corrections
REMARKS
 The amendment in the
first paragraph of Sec. 1
is the statement that
“burden of proof never
shifts”, as compared to
“burden of evidence”
 The second paragraph of
Sec. 1 is a new
provision. This is the
reason why Sec. 1 is
included in its title.
 Burden of evidence is
defined as the duty of a
party to present evidence
sufficient to establish or
rebut a fact in issue to
establish a prima facie
case.
 Also, burden of evidence
may shift from one party
to another in the course
of the proceedings..
 RULE 131
BURDEN OF PROOF, BURDEN OF EVIDENCE, AND PRESUMPTIONS – cont.
SECTION ORIGINAL AMENDED
PROVISION PROVISION
Sec. 5. Presumption in NO ORIGINAL PROVISION In all civil actions and
proceedings not otherwise
civil actions and provided for by the law or
proceedings 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.
Sec. 6. Presumption NO ORIGINAL PROVISION If a presumed fact that
establishes guilt is an
against an accused in
element of the offense
criminal cases 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.
REMARKS
 Sec. 5 is a new provision.
 The amendment provides that
in all civil action and other
proceedings, a presumption is
imposed upon a party against
whom a presumption it is
directed the burden of going
forward with evidence to rebut
or meet the presumption.
 If presumptions are
inconsistent, the weightier
presumption shall apply.
 If considerations of policy are
of equal weight, neither
presumption applies.
 Sec. 6 is a new provision.
 It pertains to a presumed fact
that establishes guilt and
which is an element of the
offense charge, then the
existence of the basic fact
must be proved beyond
reasonable doubt while the
presumed fact follows from the
basic fact beyond reasonable
doubt.
 RULE 132
PRESENTATION OF EVIDENCE
SECTION ORIGINAL AMENDED REMARKS
PROVISION PROVISION
A. EXAMINATION OF NO ORIGNAL PROVISION For the purpose of  Sec. 12 is a new provision.
WITNESSES impeaching a witness,  The amendment provides
evidence that he or she that impeaching a witness
Sec. 12. Impeachment through evidence of
by evidence of has been convicted by
conviction by final judgment
conviction of crime final judgment of a crime
is admitted provided the
shall be admitted if (a) the
penalty imposed is
crime was punishable by imprisonment of more than
a penalty in excess of one year or the crime
one year; or (b) the crime involved moral turpitude,
involved moral turpitude, regardless of the penalty.
regardless of the penalty.

However, evidence of a  If the conviction has been

conviction is not the subject of an amnesty
admissible if the or annulment of conviction,
then evidence of prior
conviction has been the
conviction cannot be used
subject of an amnesty or
annulment of conviction.
NOTE1: No amendment in A. EXAMINATION OF WITNESSES, Sec. 1 (Examination to be done in open court), Sec. 4 (Order in the examination
of an individual witness), and Sec. 9 (Recalling witness), as well as in Sec. 17 (When part of transaction, writing or record given in evidence) and
Sec. 18 (Right to inspect writing shown to witness), except for the latter the re-numbering of the said sections
NOTE2: The amendment in A. EXAMINATION OF WITNESSES, Sec. 2 (Proceedings to be recorded), Sec. 3 (Rights and obligations of a
witness), Sec. 5 (Direct examination), Sec. 6 (Cross-examination; its purpose and extent), Sec. 7 (Re-direct examination; its purpose and extent),
Sec. 8 (Re-cross examination), Sec. 10 (Leading and misleading questions), Sec. 11 (Impeachment of adverse party’s witness) and Sec. 16
(When witness may refer to memorandum), is gender-based, while for Sec. 13 (Party may not impeach his or her own witness) and Sec. 14
(How witness impeached by evidence of inconsistent statements), the amendments are gender-based, minor clerical errors or matters of style
and the re-numbering of the said sections
NOTE3: The old Sec. 14 (Evidence of good character of witness) was incorporated in the present Sec. 54, Rule 130
 RULE 132
PRESENTATION OF EVIDENCE – cont.

SECTION ORIGINAL AMENDED REMARKS

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

 The second paragraph of

The court may also cause
witnesses to be kept separate
and to be prevented from
conversing with one another,
directly or through
intermediaries, until all shall
have been examined.
Sec. 15 allows the court to
keep separate the
witnesses and prevent
them to converse with one
another, directly or through
intermediaries, until all shall
have been examined
 RULE 132
PRESENTATION OF EVIDENCE – cont.

SECTION ORIGINAL AMENDED REMARKS

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

All other writings are All other writings are  No amendment in the
private. private. third paragraph of Sec.
19

NOTE1: No amendment in B. AUTHENTICATION AND PROOF OF DOCUMENTS, Sec. 21 (When evidence of authenticity of
private document), Sec. 23 (Public documents are evidence), Sec. 26 (Irremovability of public record), Sec. 27 (Public record of a
private document), Sec. 29 (How judicial record impeached), Sec. 30 (Proof of notarial documents), and Sec. 32 (Seal)
NOTE2: The amendments in B. AUTHENTICATION AND PROOF OF DOCUMENTS, Sec. 22 (How genuineness of handwriting
proved), Sec. 25 (What attestation of copy must state), Sec. 28 (Proof of lack of record), Sec. 31 (Alteration in document, how to
explain) and Sec. 33 (Documentary evidence in an unofficial language) are only gender-based.
 RULE 132
PRESENTATION OF EVIDENCE – cont.
SECTION ORIGINAL
PROVISION
Before any private document
B. AUTHENTICATION
offered as authentic is received in
AND PROOF OF evidence, its due execution and
DOCUMENTS authenticity must be proved either:
(a) By anyone who saw the
Sec. 20. Proof of document executed or written; or
private documents (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.
The record of public documents
B. AUTHENTICATION
referred to in paragraph (a) of
AND PROOF OF Section 19, when admissible for
DOCUMENTS any purpose, may be evidenced by
an official publication thereof or by
Sec. 24. Proof of a copy attested by the officer
official record having the legal custody of the
record, or by his deputy, and
accompanied, if the record is not
kept in the Philippines, with a
certificate that such officer has the
custody. If the office in which the
record is kept is in a foreign
country, the certificate may be
made by a secretary of the
embassy or legation, consul
general, consul, vice consul or
consular agent or by any officer in
the foreign service of the
Philippines stationed in the foreign
country in which the record is kept,
and authenticated by the seal of his
office.
AMENDED
PROVISION
Before any private document offered as
authentic is received in evidence, its due
execution and authenticity must be
proved by any of the following means:
(a) By anyone who saw the document
executed or written;
(b) By evidence of the genuineness of the
signature or handwriting of the maker; or
(c) By other evidence showing its due
execution and authenticity.
Any other private document need only be
identified as that which it is claimed to be.
The record of public documents referred
to in paragraph (a) of Section 19, when
admissible for any purpose, may be
evidenced by an official publication
thereof or by a copy attested by the
officer having the legal custody of the
record, or by his 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 a foreign
country, which is a contracting party to
a treaty or convention to which the
Philippines is also a party, or
considered a public document under
such treaty or convention 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.
REMARKS
 The amendment in Sec.20
pertains to a third means to prove
the due execution and
authenticity of a private
document, i.e., by “other
evidence showing its due
execution and authenticity”, aside
from by anyone who saw it being
executed or proving the
genuineness of the signature or
handwriting of the maker
 No amendment in the second
paragraph of Sec. 20.
 The amendment in the first
sentence of Sec. 24 is only
gender-based.
 Also, the amendment in the
second paragraph of Sec. 24
provides that the certificate or its
equivalent needed with respect to
a record kept in a foreign country,
which is a contracting party to a
treaty or convention to which the
Philippines is also a party or the
record is considered a public
document under such treaty or
convention, shall be in the form
prescribed under such treaty or
convention, subject to reciprocity
granted to public documents
originating from the Philippines
 RULE 132
PRESENTATION OF EVIDENCE – cont.
SECTION ORIGINAL AMENDED REMARKS
PROVISION PROVISION
B. AUTHENTICATION For documents originating  The preliminary sentence in the
from a foreign country which is third paragraph of Sec. 24 refers
AND PROOF OF not a contracting party to a to documents originating from a
DOCUMENTS treaty or convention referred to foreign country which is not a
Sec. 24. Proof of official in the next preceding sentence, contracting to a treaty or
the certificate may be made by a convention involving the
record – cont.
secretary of the embassy or Philippines, in which case the
legation, consul general, consul, certificate may be made by a
vice-consul, or consular agent or secretary of the embassy or
by any officer in the foreign legation, consul general, consul,
service of the Philippines vice-consul or consular agent or
stationed in the foreign country in by any officer in the foreign
which the record is kept, and service of the Philippines
authenticated by the seal of his stationed in the foreign country in
office. which the record is kept,
authenticated by the seal of the
office

A document that is  The fourth paragraph of Sec. 24

NO ORIGINAL PROVISION accompanied by a certificate or is a new provision.
its equivalent may be  The amendment pertains to a
presented in evidence without document already accompanied
further proof, the certificate or by a certificate or its equivalent
its equivalent being prima facie which needs no more proof,
evidence of the due execution since the certificate or its
and genuineness of the equivalent is prima facie
document involved. The evidence of its due execution
certificate shall not be required and genuineness.
when a treaty or convention  Also, a certificate is no longer
between a foreign country and required if the treaty or
the Philippines has abolished convention between the
the requirement, or has Philippines and a foreign country
exempted the document itself has abolished such requirement
from this formality. or exempted the document itself
from such formality.
 RULE 132
PRESENTATION OF EVIDENCE – cont.
SECTION ORIGINAL AMENDED REMARKS
PROVISION PROVISION
C. OFFER AND As regards the testimony of a All evidence must be offered  The amendment in Sec. 35,
witness, the offer must be made orally. for one, requires all evidence
OBJECTION at the time the witness is called to to be offered ORALLY.
Sec. 35. When to make testify. The offer of the testimony of a  Also, the amendment gives
offer witness in evidence must be emphasis on when testimonial
Documentary and object made at the time the witness is evidence should be offered,
evidence shall be offered after called to testify. which is at the time the
the presentation of a party’s witness is called to testify.
testimonial evidence. Such offer The offer of documentary and  As to documentary or object
shall be done orally unless object evidence shall be made evidence, the offer should be
allowed by the court to be done in after the presentation of a party’s made after presentation of a
writing. testimonial evidence. party’s testimonial evidence.

C. OFFER AND Objection to evidence offered Objection to offer of evidence  The amendment in Sec. 36
orally must be made immediately must be made orally immediately requires all objections to offer
OBJECTION after the offer is made. after the offer is made. of evidence to be done
Sec. 36. Objection ORALLY.
Objection to a question Objection to the testimony of a  Also, an objection to a
propounded in the course of the witness for lack of a formal testimony of a witness for lack
oral examination of a witness offer must be made as soon as of a formal offer must be made
shall be made as soon as the the witness begins to testify. as soon as the witness begins
grounds therefor become Objection to a question to testify.
reasonably apparent. propounded in the course of the  Objection to a question
oral examination of a witness propounded during the trial
An offer of evidence in writing must be made as soon as the must be made as soon as the
shall be objected to within three grounds therefor become grounds therefor become
(3) days after notice unless a reasonably apparent. reasonably apparent.
different period is allowed by the  Further, no more offer of
court. evidence in writing is allowed
as the third paragraph of Sec.
36 was deleted.
NOTE1: No amendment in C. OFFER AND OBJECTION, Sec. 34 (Offer of evidence), Sec. 38 (Ruling), and Sec. 40
(Tender of excluded evidence)
NOTE2: The amendment in C. OFFER AND OBJECTION, Sec. 37 (When repetition of objection unnecessary) is only
gender-based.
 RULE 132
PRESENTATION OF EVIDENCE – cont.
SECTION ORIGINAL AMENDED
PROVISION PROVISION
C. OFFER AND Should a witness answer the Should a witness answer the
OBJECTION question before the adverse question before the adverse
party had the opportunity to party had the opportunity to
Sec. 39. Striking out voice fully its objection to the voice fully its objection to the
answer same, and such objection is same, or where a question
found to be meritorious, the is not objectionable, but the
court shall sustain the answer is not responsive,
objection and order the or where a witness testifies
answer given to be stricken without a questions being
off the record. posed or testifies beyond
limits set by the court, or
when the witness does a
narration instead of
answering the question, and
such objection is found to be
meritorious, the court shall
sustain the objection and
order such answer,
testimony or narration to be
stricken off the record.
On proper motion, the court On proper motion, the court
may also order the striking out may also order the striking out
of answers which are of answers which are
incompetent, irrelevant or incompetent, irrelevant or
otherwise improper. otherwise improper.
REMARKS
 The amendment in Sec. 39
provides that (a) should a
witness answer the
question before being
objected to, or (b) where a
question is not
objectionable but the
answer is not responsive,
or (c) where a witness
testifies without questions
being posed or testifies
beyond the limits set by the
court, or (d) when the
witness does a narration
instead of answering the
question, the court shall
sustain the objection and
order such answer,
testimony or narration to be
stricken off the record
 There is no amendment in
the second paragraph of
Sec. 39
 RULE 133
WEIGHT AND SUFFICIENCY OF EVIDENCE
SECTION ORIGINAL AMENDED PROVISION REMARKS
PROVISION
Circumstantial evidence is Circumstantial evidence is sufficient for  There is no amendment in the first
Sec. 4. Circumstantial
sufficient for conviction if: conviction if: paragraph of Sec. 4.
evidence, when (a) There is more than one (a) There is more than one circumstance;  The amendment in the second
sufficient circumstance; (b) The facts from which the inferences are paragraph of Sec. 4, which is a new
(b) The facts from which the derived are proven; and provision, stresses that inferences
inferences are derived are proven; (c) The combination of all the cannot be based on other
and circumstances is such as to produce a inferences.
(c) The combination of all the conviction beyond reasonable doubt.
circumstances is such as to Inferences cannot be based on other
produce a conviction beyond inferences
reasonable doubt.
NO ORIGINAL PROVISION In any case where the opinion of an  Sec. 5 is a new provision.
Sec. 5. Weight to be  The amendment provides, among
expert witness is received in evidence,
given opinion of the court has a wide latitude of others, that the court has a wide
expert witness, how discretion in determining the weight to latitude of discretion in determining
be given to such opinion, and for that the weight to be given to the opinion
determined purpose may consider the following: of an expert witness.
(a) Whether the opinion is based upon  Also, the court, in exercising such
sufficient facts or data; discretion, may consider the
(b) Whether it is the product of reliable following: (a) whether the opinion is
principles and methods; based on sufficient facts or data; (b)
(c) Whether the witness has applied the whether the opinion is the product of
principles and methods reliably to the reliable principles and methods; (c)
facts of the case; and whether the witness has applied the
(d) Such other factors as the court may principles and methods reliably to
deem helpful to make such the facts of the case; and (d) such
determination other helpful factors

NOTE1: The amendments in Sec. 1 (Preponderance of evidence, how determined) and Sec. 2 (Proof beyond reasonable
doubt) are only gender-based, while in Sec. 7 (Power of the court to stop further evidence) it is to emphasize that the
power to stop further evidence should be exercised with caution and for the re-numbering of the said section
NOTE2: No amendment in Sec. 3 (Extrajudicial confession, not sufficient ground for conviction), while no amendment as
well in Sec. 6 (Substantial evidence) and Sec. 8. (Evidence on motion), except the re-numbering of the said sections