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

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

NOTE: No amendment to Sec. 2 (Judicial notice, when discretionary)

 RULE 129
WHAT NEED NOT BE PROVED – cont.
SECTION ORIGINAL AMENDED REMARKS
PROVISION PROVISION
Sec. 3. Judicial notice, After the trial, and before Before judgment or on ❑ The amendment in the
when hearing necessary judgment or on appeal, appeal, the court, motu same section removed
– cont. the proper court, on its proprio or upon motion, the phrase “After the
own initiative or on may take judicial notice of trial”, which actually
involves proceedings
request of a party, may any matter and shall
“before judgment”
take judicial notice of any hear the parties thereon if ❑ Further, the use of the
matter and allow the such matter is decisive of terms “motu proprio” and
parties to be heard a material issue in the “upon motion” are
thereon if such matter is case. consistent with the use
decisive of a material thereof in the 1st par. of
issue in the case. Sec. 3

Sec. 4. Judicial An admission, verbal or An admission, oral or ❑ The amendment in Sec.

admissions written, made by a party written, made by the party 4 used the word “oral”,
in the course of the in the course of the instead of “verbal” when
proceedings in the same proceedings in the same referring to an admission
❑ Also, the “imputed
case, does not require case, does not require
admission” simply refers
proof. The admission may proof. The admission may to the “judicial admission”
be contradicted only by be contradicted only by ❑ A “judicial admission” not
showing that it was made showing that it was made “in fact” made is just
through palpable mistake through palpable mistake stressing the point.
or that no such admission or that the imputed
was made. admission was not, in
fact, made.
 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 letters, which now includes
evidence symbols or other modes of words, sounds, numbers, “recordings and
written expression offered as figures, symbols, or their photographs”, as well as
proof of their contents. equivalent, or other modes of “sounds”, or their
written expression offered as “equivalent”
proof of their contents. ❑ There is also a new
Photographs include still paragraph on the definition
pictures, drawings, stored of “photographs”
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,
Evidence Rule) no evidence shall be writing, recording,
but also a writing, recording,
admissible other than the photograph or other record,
Sec. 3. Original document original document itself,
photograph or other record
no evidence is admissible ❑ The rule is that “no evidence is
must be produced; 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 AMENDED REMARKS
PROVISION PROVISION
1. Original Document (a) When the original has been (a) When the original is lost or ❑ No amendment in items (c)
lost or destroyed, or cannot be destroyed, or cannot be produced and (d) in the exceptions,
Rule (No longer the Best produced in court, without bad in court, without bad faith on the while there is only a minor
Evidence Rule) faith on the part of the offeror; part of the offeror; amendment in item (a)
Sec. 3. Original document (b) When the original is in the (b) When the original is in the ❑ The amendment in item (b)
must be produced; custody or under the control of custody or under the control of includes, as an exception, a
the party against whom the the party against whom the situation wherein the original
exceptions – cont. evidence is offered, and the latter evidence is offered, and the latter of a document, writing,
fails to produce it after fails to produce it after recording, photograph or other
reasonable notice; reasonable notice, or the record cannot be obtained by
(c) xxx xxx xxx original cannot be obtained by judicial processes
(d) xxx xxx xxx local judicial processes or
procedures; ❑ Item (e) is a new provision
(c) xxx wherein as another exception
(d) xxx is when the original is not
(e) When the original is not closely-related to a controlling
closely-related to a controlling issue
issue.

1. Original Document (a) The original of the document (a) An “original” of a document ❑ This item (a) is a new
is one of the contents of which is the document itself or any provision
Rule are the subject of inquiry counterpart intended to have ❑ The amendment defines what
Sec. 4. Original of the same effect by a person an original document is, which
document executing or issuing it. An is the document itself or any
“original” of a photograph counterpart intended to have
includes the negative or any the same effect
print therefrom. If data is ❑ Also, it provides that an
stored in a computer or similar original of a photograph
device, any printout or other includes the negative or any
output readable by sight or print therefrom
other means, shown to reflect ❑ Further, the data stored in a
the data accurately, is an computer or similar device,
“original”. when printed, is also an
original
 RULE 130
RULES OF ADMISSIBILITY – cont.

SECTION ORIGINAL AMENDED REMARKS

PROVISION PROVISION
1. Original Document (b) When a document is in two (b) A “duplicate” is a ❑ This item (b) is a new
Rule or more copies executed at or counterpart produced by the provision.
about the same time, with same impression as the ❑ The definition of a
Sec. 4. Original of
identical contents, all such original, or from the same “duplicate” is more detailed,
document – cont. copies are equally regarded matrix, or by means of it pertains to a counterpart
as originals photography, including produced (i) by the same
enlargements and impression as the original,
miniatures, or by or (ii) from the same matrix,
mechanical or electronic or (iii) by means of
re-recording, or by chemical photography, or (iv) by
reproduction, or by other mechanical or electronic
equivalent techniques which recording, (v) by chemical
accurately reproduce the reproduction, or (vi) by
original. other equivalent techniques

(c) When an entry is repeated (c) A duplicate is admissible ❑ This item (c) is a new
in the regular course of to the same extent as an provision
business, one being copied original unless (1) a genuine ❑ The admissibility of a
from another at or near the question is raised as to the duplicate is allowed to the
time of the transaction, all the authenticity of the original, same extent as an original,
entries are likewise equally or (2) in the circumstances, except if (1) a genuine
regarded as originals it is unjust or inequitable to question is raised as to the
admit the duplicate in lieu of authenticity of the original
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 PROVISION When the contents of ❑ Sec. 7 is a new provision
documents, records, ❑ It pertains to “voluminous”
Sec. 7. Summaries photographs, or numerous evidence that cannot be
accounts are voluminous and examined in court without
cannot be examined in court great loss of time, so the
without great loss of time, and contents thereof may be
the fact sought to be presented in the form of a
established is only the general chart, summary or calculation
result of the whole, the
contents of such evidence may
be presented in the form of a
chart, summary or calculation.
❑ Also, the “voluminous”
The originals shall be available evidence must be available to
for examination or copying, or the adverse party for
both, by the adverse party at a examination or copying
reasonable time and place.

3. Parol Evidence Rule When the terms of an When the terms of an ❑ The amendment in the first
agreement have been reduced agreement have been reduced paragraph of Sec. 10 is not
Sec. 10. Evidence of substantial, aside from the
to writing, it is considered as to writing, it is considered as
written agreements re-numbering thereof, the
containing all the terms containing all the terms
word “as” was merely inserted
agreed upon and there can agreed upon and there can
be, between the parties and be, as between the parties
their successors in interest, no and their successors in
evidence of such terms other interest, no evidence of such
than the contents of the terms other than the contents
written agreement. of the written 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 During their marriage, the ❑ The amendment in Sec. 23 is
husband nor the wife may testify husband or the wife cannot that it made clear that the
EVIDENCE for or against the other without testify for or against the other husband or the wife “cannot”
1. Qualification of the consent of the affected without the consent of the testify against each other,
Witnesses spouse, except in a civil case by affected spouse, except in a civil subject to exceptions involving
one against the other, or in a case by one against the other, or a civil case filed by one
Sec. 23. Disqualification criminal case for a crime in a criminal case for a crime spouse against the other or in
by reason of marriage committed by one against the committed by one against the a criminal case committed by
other or the latter’s direct other or the latter’s direct one spouse against the other
descendants or ascendants. descendants or ascendants. or the latter’s direct
descendants or ascendants

NOTE1: No amendment in 4. Interpretation of Documents, Sec. 11 (Interpretation of a writing according to its legal meaning), Sec. 12 (Instrument construed so as to
give effect to all provisions), Sec. 13. (Interpretation according to intention; general and particular provisions), Sec. 15 (Peculiar signification of terms), Sec. 16 (Written
words control printed), Sec. 17 (Experts and interpreters to be used in explaining certain writings), Sec. 19 (Construction in favor of natural right) and Sec. 20
(Interpretation according to usage), except the re-numbering of the said sections
NOTE2: Amendments in 4. Interpretation of Documents, Sec. 14 (Interpretation according to circumstances) and Sec. 18 (Of two constructions, which preferred) are
gender-based and the re-numbering of the said sections
NOTE3: No amendment in C. TESTIMONIAL EVIDENCE, 1. Qualification of Witnesses, Sec. 21 (Witnesses; their qualifications), except the re-numbering of said
section
NOTE4: Amendments in 1. Qualification of Witnesses, Sec. 22 (Testimony confined to personal knowledge) are gender-based and the re-numbering of said section.
This is the old Sec. 36 (Testimony generally confined to personal knowledge; hearsay excluded)
NOTE5: The old 1. Qualification of Witnesses, Sec. 21 (Disqualification by reason of mental incapacity or immaturity) was DELETED
NOTE6: The old 1. Qualification of Witnesses, Sec. 23 (Disqualification by reason of death or insanity) was TRANSPOSED to the new Sec. 39.
 RULE 130
RULES OF ADMISSIBILITY – cont.
SECTION ORIGINAL AMENDED REMARKS
PROVISION PROVISION
1. Qualification of The following persons The following persons cannot ❑ The amendment in item (b)
Witnesses cannot testify as to matters testify as to matters learned in is that, aside from the
learned in confidence in the confidence in the following lawyer, a “person
Sec. 24. Disqualification
following cases: cases: reasonably believed by the
by reason of privileged (a) xxx xxx xxx client to be licensed to
(a) xxx xxx xxx
communication (b) An attorney or person engage in the practice of
(b) An attorney cannot,
without the consent of his reasonably believed by the law” is included in the
client to be licensed to prohibition to testify against
client, be examined as to
engage in the practice of a client based on privileged
any communication made
law cannot, without the communication
by the client to him, or his consent of the client, be ❑ Also, included in the
advice given thereon in the examined as to any prohibition are the “other
course of, or with a view to, communication made by the persons assisting the
professional employment, client to him or her, or his or attorney”
nor can an attorney’s her advice given thereon in ❑ Item (b) also also includes
secretary, stenographer, or the course of, or with a view an enumeration of
clerk be examined, without to, professional employment, “exceptions” to the
the consent of the client nor can an attorney’s “attorney-client” privilege,
and his employer, secretary, stenographer, or which is a new provision
concerning any fact the clerk, or other persons ❑ The further amendment in
knowledge of which has assisting the attorney be item (b) is gender-based
been acquired in such examined, without the consent ❑ There is no amendment in
capacity. of the client and his employer, item (a) on the privileged
concerning any fact the communication involving
knowledge of which has been the husband and wife
acquired in such capacity, during or after the marriage
except in the following
cases:
 RULE 130
RULES OF ADMISSIBILITY – cont.
SECTION ORIGINAL AMENDED REMARKS
PROVISION PROVISION
1. Qualification of NO ORIGINAL PROVISION (i) Furtherance of crime or ❑ Exceptions (i) to (iv) of
fraud. If the services or advice item (b) are new
Witnesses of the lawyer were sought or
Sec. 24. Disqualification obtained to enable or aid
provisions which are
by reason of privileged anyone to commit or plan to exceptions to the
commit what the client knew or lawyer-client privileged
communication – cont. reasonably should have known communication, such as,
to be a crime or fraud; when the services or
(ii) Claimants through same
advice of the lawyer was
deceased client. As to
communication relevant to an (i) in furtherance of a
issue between parties who crime or fraud, or the
claim through the same communication conveyed
deceased client, regardless of to the lawyer is relevant
whether the claims are by to (ii) claimants through
testate or intestate or by inter
vivos transaction; the same deceased client
(iii) Breach of duty by lawyer or (of the lawyer), or the
client. As to a communication communication is a (iii)
relevant to an issue of breach breach of duty by the
of duty by the lawyer to his or lawyer to his or her client,
her client, or by the client to
his or her lawyer;
or the communication is
(iv) Document attested by the relevant to an (iv)
lawyer. As to a communication attested document to
relevant to any issue which the lawyer was the
concerning an attested attesting witness
document to which the lawyer
is an attesting witness; or
 RULE 130
RULES OF ADMISSIBILITY – cont.
SECTION ORIGINAL AMENDED REMARKS
PROVISION PROVISION
1. Qualification of NO ORIGINAL PROVISION (v) Joint clients. As to a ❑ Exception (v) of item (b) is also a
communication relevant to a new provisions which is an
Witnesses matter of common interest exception to the lawyer-client
Sec. 24. Disqualification between two or more clients if the privileged communication when
communication was made by any the communication is relevant to
by reason of privileged of them to a lawyer retained or a common interest between 2 or
communication – cont. consulted in common, when more clients
offered in an action between any
of the clients, unless they have
expressly agreed otherwise.

(c) A person authorized to practice (c) A physician, psychotherapist or ❑ Item (c) is completely a different
medicine, surgery or obstetrics person reasonably believed by the provision on “doctor-patient”
cannot in a civil case, without the patient to be authorized to practice privilege.
consent of the patient, be examined medicine or psychotherapy cannot ❑ This identifies who are covered by
as to any advice or treatment given in a civil case, without the consent the privilege, or those who cannot
by him or any information which he of the patient, be examined as to be examined as to any
may have acquired in attending such any confidential communication confidential communication made
patient in a professional capacity, made for the purpose of diagnosis for the purpose or treatment of
which information was necessary to or treatment of the patient’s the patient’s physical, mental or
enable him to act in such capacity, physical, mental or emotional emotional condition, including
and which which would blacken the condition, including alcohol or alcohol or drug addition,
reputation of the patient; drug addition, between patient and particularly the physician,
his or her physician or psychotherapist or person
psychotherapist. This privilege believed to be authorized to
also applies to persons, including practice medicine
members of the patient’s family, ❑ The privilege now covers
who have participated in the “members of the patient’s family
diagnosis or treatment of the who participated in the diagnosis
patient under the direction of the or treatment of the patient under
physician or psychotherapist. the direction of the physician or
psychotherapist
 RULE 130
RULES OF ADMISSIBILITY – cont.
SECTION ORIGINAL AMENDED REMARKS
PROVISION PROVISION
1. Qualification of NO ORIGINAL PROVISION A “psychotherapist” is: ❑ This definition of a
“psychotherapist” is a new
Witnesses (a) A person licensed to provision in item (c)
Sec. 24. Disqualification practice medicine engaged in
by reason of privileged the diagnosis or treatment of a
mental or emotional condition,
communication – cont. 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

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

(e) A public officer cannot be ❑ The amendment in item (e)

(e) A public officer cannot be examined during or after his or covers not only
examined during his term of her tenure as to communications communications during the
office afterwards, as to made to him or her in official tenure of the public officer, but
communications made to him confidence, when the court finds even “after his or her tenure”
that the public interest would
in official confidence, when the
suffer by the disclosure.
court finds 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 hands provision
of a third person who may ❑ For the communication to
Sec. 24. Disqualification
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 on the exception to the parental
direct ascendants, children ascendants, children or other
and filial privilege, i.e., when
or other direct direct descendants, except the testimony is indispensable
descendants. when such testimony is in a crime involving the
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 privilege the disclosure of
relating to trade secrets non-disclosure will conceal “trade secrets”, unless the
fraud or otherwise work non-disclosure will conceal
injustice. When disclosure is fraud or otherwise work
directed, the court shall take injustice
such protective measure as the ❑ When disclosure is ordered by
interest of the owner of the the court, protective measures
trade secret and of the parties must be taken to protect the
and the furtherance of justice interest of the owner of the
may require. trade secret and of the parties
and the furtherance of justice
may require
 RULE 130
RULES OF ADMISSIBILITY – cont.
SECTION ORIGINAL AMENDED REMARKS
PROVISION PROVISION
3. Admissions and In civil cases, an offer of compromise In civil cases, an offer of compromise ❑ The second sentence in the first
is not an admission of any liability, is not an admission of any liability, paragraph of Sec. 28 is a new
Confessions and is not admissible in evidence and is not admissible in evidence provision.
Sec. 28. Offer of against the offeror. against the offeror. Neither is ❑ The amendment provides that
evidence of conduct nor “evidence of conduct nor
compromise not statements made in compromise statements made in compromise
admissible negotiations admissible, except negotiations” cannot be
evidence otherwise discoverable admissible, except if such
or offered for another purpose, evidence were “discoverable or
such as proving bias or prejudice offered for another purpose”, such
of a witness, negativiting a as proving bias or prejudice of a
contention of undue delay, or witness
proving an effort to obstruct a
criminal investigation or
prosecution.

xxx xxx xxx ❑ No amendment in the second

xxx xxx xxx paragraph of Sec. 28 (offer of
compromise in criminal cases)

A plea of guilty later withdrawn, or an ❑ The second sentence in the third

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

NOTE1: The amendments in 3. Admissions and Confessions, Sec. 27 (Admission of a party), Sec. 33 (Admission by silence) and Sec. 34
(Confession) are gender-based and pertains to the re-numbering of the said sections
NOTE2: No amendment in 3. Admissions and Confessions, Sec. 29 (Admission by third party), except the re-numbering of said section
 RULE 130
RULES OF ADMISSIBILITY – cont.

SECTION ORIGINAL AMENDED REMARKS

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

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

3. Admissions and Where one derives title to Where one derives title to property ❑ The amendment in Sec. 32 is
property from another, the act, from another, the latter’s act, a minor one and a matter of
Confessions declaration, or omission of the declaration, or omission, in relation style, as well as pertaining to
Sec. 32. Admission by latter, while holding the title, in to the property, is evidence against the numbering of the said
privies relation to the property, is the former if done while the latter section
evidence against the former. was holding the title. ❑ Also, it clarifies that the act,
declaration or omission of the
holder of title is evidence
against the one deriving title
therefrom
 RULE 130
RULES OF ADMISSIBILITY – cont.
SECTION ORIGINAL AMENDED REMARKS
PROVISION PROVISION
5. Hearsay NO ORIGINAL PROVISION Hearsay is a statement other than ❑ This a new provision in Sec.
one made by the declarant while 37 which defines what
Sec. 37. Hearsay testifying at a trial or hearing, HEARSAY means, which
offered to prove the truth of the essentially is a statement
facts asserted therein. A statement other than one made by the
is (1) an oral or written assertion or declarant while testifying at
(2) a non-verbal conduct of a a trial or hearing. The
person, if it is intended by him or statement may be (i) oral or
her as an assertion. Hearsay written or (ii) a non-verbal
evidence is inadmissible except as conduct of a person.
otherwise provided in these Rules. ❑ Prior thereto, there was no
definition of hearsay in the
A statement is not hearsay if the Rules of Court.
declarant testifies at the trial or
hearing and is subject to
cross-examination concerning the ❑ This second paragraph of
statement, and the statement is (a) Sec. 37 is also a new
inconsistent with the declarant’s provision. It defines what is
testimony, and was given under NOT A HEARSAY
oath subject to the penalty of STATEMENT, which is when
perjury at a trial, hearing or other a declarant testifies and is
proceeding, or in a deposition; (b) subject to
consistent with the declarant’s cross-examination
testimony and is offered to rebut an concerning the statement
express or implied charge against and the statement is: (i)
the declarant of recent fabrication inconsistent with declarant’s
or improper influence or motive; or testimony; (ii) offered to
(c) one of identification of a person rebut an express or implied
made after perceiving him or her. charge against the
declarant; or (iii) 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)
 RULE 130
RULES OF ADMISSIBILITY – cont.
SECTION ORIGINAL AMENDED REMARKS
PROVISION PROVISION
6. Exceptions To The Parties or assignor of parties In an action against an executor ❑ This is a new section
to a case, or persons in whose or administrator or other regarding the statement of a
Hearsay Rule representative of a deceased decedent or person of
behalf a case is prosecuted,
Sec. 39. Statement of person, or against a person of unsound mind.
against an executor or
decedent or person of unsound mind, upon a claim or ❑ The amendment requires,
administrator or other demand against the estate of among others, that any
unsound mind representative of a deceased such deceased person or against statement that will be used in
person, or against a person of such person of unsound mind, an action against an executor,
unsound mind, upon a claim where a party or assignor of a administrator or other
or demand against the estate party or a person in whose representative of a deceased
of such deceased person or behalf a case is prosecuted person or of an unsound mind,
against such person of testifies on a matter of fact should be based on the
occurring before the death of the statement of the deceased or
unsound mind, cannot testify
decreased person or before the the person of unsound mind
as to any matter of fact person became of unsound mind, made upon the personal
occurring before the death of any statement of the deceased knowledge of the latter at a
such deceased person or or the person of unsound time when the matter had
before such person became of mind, may be received in been recently perceived by
unsound mind (old Sec. 23, evidence if the statement was him/her and while his/her
Rule 130) made upon the personal recollection was clear
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.

NOTE1: Amendments to 6. Exceptions To The Hearsay Rule, Sec. 38 (Dying declaration), Sec. 46 (Entries in official
records), and Sec. 48 (Learned treatises) are gender-based and pertain to the re-numbering of the said sections
NOTE2: No amendment to 6. Exceptions To The Hearsay Rule, Sec. 47 (Commercial lists and the like), except the
re-numbering of the said section
 RULE 130
RULES OF ADMISSIBILITY – cont.
SECTION ORIGINAL AMENDED PROVISION REMARKS
PROVISION
6. Exceptions To The The declaration made by a person The declaration made by a person ❑ The amendment in Sec. 40
deceased or unable to testify against deceased or unable to testify against the is, among others,
Hearsay Rule the interest of the declarant, if the interest of the declarant, if the fact asserted gender-based.
Sec. 40. Declaration fact asserted in the declaration was in the declaration was at the time it was ❑ Also, the second sentence
at the time it was made so far made so far contrary to the declarant’s own of Sec. 40 is a new
against interest contrary to declarant’s own interest interest that a reasonable person in his or provision.
that a reasonable man in his position her position would not have made the ❑ The new provision
would not have made the declaration declaration unless he or she believed it to specifies that if the
unless he believed it to be true, may be true, may be received in evidence statement will expose the
be received in evidence against against himself or herself or his or her declarant to criminal liability
himself or his successors in interest successors in interest and against third and offered to exculpate
and against third persons. persons. A statement tending to expose the accused, then this is
the declarant to criminal liability and not admissible in evidence
offered to exculpate the accused is not
admissible unless corroborating
circumstances clearly indicate the
trustworthiness of the statement.

6. Exceptions To The The act or declaration of a person The act or declaration of a person deceased ❑ The amendment in Sec. 41
deceased or unable to testify, in or unable to testify, in respect to the includes an act or
Hearsay Rule respect to the pedigree of another pedigree of another person related to him declaration of a deceased
Sec. 41. Act or person related to him by birth or or her by birth, adoption, or marriage or, in person or one unable to
marriage, may be received in the absence thereof, with whose family testify on the pedigree of a
declaration about evidence where it occurred before he or she was so intimately associated person related to him/her,
pedigree the controversy, and the relationship as to be likely to have accurate not only by birth or
between the two persons is shown by information concerning his or her marriage, but also by
evidence other than such act or pedigree, may be received in evidence adoption
declaration. The word “pedigree” where it occurred before the controversy, ❑ This also involves the
includes relationship, family and the relationship between the two pedigree of a person with
genealogy, birth, marriage, death, the persons is shown by evidence other than whose family he or she
dates when and the places where such act or declaration. The word was so intimately
these facts occurred, and the names “pedigree” includes relationship, family associated for purposes of
of the relatives. It embraces also genealogy, birth, marriage, death, the dates determining his/her
facts of family history intimately when and the places where these facts pedigree
connected with 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 PROVISION
6. Exceptions To The The reputation or tradition existing in The reputation or tradition existing in ❑ The amendment in Sec. 42
a family previous to the controversy, a family previous to the controversy, provides that a member of the
Hearsay Rule in respect to the pedigree of any one in respect to the pedigree of any one family by adoption may testify
Sec. 42. Family of its members, may be received in of its members, may be received in about family reputation or tradition
evidence if the witness testifying evidence if the witness testifying regarding pedigree
reputation or tradition thereon be also a member of the thereon be also a member of the
regarding pedigree family, either by consanguinity or family, either by consanguinity,
affinity. Entries in family bibles or affinity, or adoption. Entries in family
other family books or charts, bibles or other family books or charts,
engraving on rings, family portraits engraving on rings, family portraits
and the like, may be received as and the like, may be received as
evidence of pedigree. evidence of pedigree.

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

6. Exceptions To The Statements made by a person while Statements made by a person while ❑ The amendment to the first
a startling occurrence is taking place a startling occurrence is taking place sentence of Sec. 44 gives
Hearsay Rule or immediately prior or subsequent or immediately prior or subsequent emphasis to the fact that the
Sec. 44. Part of the res thereto with respect to the thereto, under the stress of “statements made by a person
circumstances thereof, may be given excitement caused by the while a startling occurrence is
gestae in evidence as part of the res gestae. occurrence with respect to the taking place”, should be “under
So, also, statements accompanying circumstances thereof, may be given the stress of excitement caused
an equivocal act material to the in evidence as part of the res gestae. by the occurrence”
issue, and giving it a legal So, also, statements accompanying
significance, may be received as part an equivocal act material to the
of the res gestae. issue, and giving it a legal
significance, may be received as part
of the res gestae.
 RULE 130
RULES OF ADMISSIBILITY – cont.
SECTION ORIGINAL AMENDED REMARKS
PROVISION PROVISION
6. Exceptions To The Entries made at, or near the A memorandum, report, record ❑ Sec. 45 completely amended
time of transactions to or data compilation of acts, the old Sec. 43 (Entries in the
Hearsay Rule events, conditions, opinions or course of business)
Sec. 45. Records of which they refer, by a diagnoses, made by writing, ❑ This section provides that a
regularly conducted person deceased or unable typing, electronic, optical or memorandum, report, record
to testify, who was in a other similar means at or near or data compilation of acts,
business activity
position to know the facts the time of or from events, conditions, opinions or
therein stated, may be transmission or supply of diagnoses, made by writing,
information by a person with typing, electronic, optical or
received as prima facie
knowledge thereof, and kept in other similar means that are
evidence, if such person the regular course or conduct “kept in the regular course or
made the entries in his of a business activity, and such conduct of a business activity”,
professional capacity or I was the regular practice to and this was the regular
the performance of duty make the memorandum, report, practice as shown by the
and in the ordinary or record, or data compilation by testimony of the custodian of
electronic, optical or similar said items, is excepted from
regular course of business. means, all of which are shown the rule on hearsay evidence
(old Sec. 43, Rule 130) by the testimony of the
custodian or other qualified
witnesses, is excepted from
the rule on hearsay evidence.

6. Exceptions To The The testimony or deposition of The testimony or deposition of a ❑ The amendment in Sec. 49
witness deceased or out of the clarifies that, aside from the
Hearsay Rule a witness deceased or unable
Philippines or who cannot, with testimony or deposition of a
to testify, given in a former due diligence, be found therein, or deceased witness, the testimony
Sec. 49. Testimony or
case or proceeding, judicial or is unavailable or otherwise unable or a deposition of one who is “out
deposition at a former administrative, involving the to testify, given in a former case or of the Philippines or who cannot,
proceeding proceeding, judicial or administrative, with due diligence, be found
same parties and subject involving the same parties and therein, or is unavailable or
matter, may be given in subject matter, may be given in unable to testify, given in a former
evidence against the adverse evidence against the adverse party case or proceeding involving the
who had the opportunity to same parties, may be given in
party who had the opportunity
cross-examine him or her. evidence against the adverse
to cross-examine him. party who had the opportunity to
cross-examine said witness
 RULE 130
RULES OF ADMISSIBILITY – cont.

SECTION ORIGINAL AMENDED REMARKS

PROVISION PROVISION
6. Exceptions To The NO ORIGINAL PROVISION A statement not specifically ❑ Sec. 50 is a new provision.
covered by any of the foregoing ❑ The amendment recognizes other
Hearsay Rule exceptions, having equivalent statements that may be excepted
Sec. 50. Residual circumstantial guarantees of from the hearsay evidence rule
trustworthiness, is admissible if that may not have been
exception the court determines that (a) the specifically covered by Secs. 38
statement is offered as evidence to 49, that have equivalent
of a material fact; (b) the statement circumstantial guarantees of
is more probative on the point for trustworthiness
which it is offered than any other ❑ It is like a “catch all” exception to
evidence which the proponent can the hearsay rule
procure through reasonable ❑ Such may be admissible if the
efforts; and (c) the general court determines that: (a) the
purposes of these rules and the statement is offered as evidence
interests of justice will be best of a material fact; (b) the
served by admission of the statements is more probative on
statement into evidence. the point for which it is offered;
and (c) admitting the statement
would serve the general purposes
of therules and the interest of
justice

However, a statement may not be ❑ However, before invoking the

admitted under this exception exception under this section, the
unless the proponent makes proponent must make known to
known to the adverse party, the adverse party in advance of
sufficiently in advance of the the hearing or by the pre-trial
hearing or by the pre-trial stage in stage, the proponent’s intention to
the case of a trial of the main case, offer such statement and the
to provide the adverse party with a particulars thereof, including the
fair opportunity to prepare to meet name and address of the
it, the proponent’s intention to declarant
offer the statement and the
particulars of it, including the
name and address of the
declarant.
 RULE 130
RULES OF ADMISSIBILITY – cont.

SECTION ORIGINAL AMENDED REMARKS

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

8. Character Evidence (a) In Criminal Cases Evidence of a person’s ❑ The amendment in Sec. 54
character or a trait of character states, among others, that an
Sec. 54. Character (1) The accused may prove is not admissible for the evidence of a person’s
his good moral character
evidence not generally purpose of proving action in character or a trait of
which is pertinent to the
admissible; exceptions moral trait involved in the
conformity therewith on a character is not admissible to
particular occasion, except: prove action in conformity
offense charged (a)In Criminal Cases; therewith on a particular
(2) Unless in rebuttal, the (1) The character of the occasion, subject to
prosecution may not prove offended party may be proved if it exceptions
his bad moral character tends to establish in any ❑ In criminal cases, the new
which is pertinent to the reasonable degree the probability item (1) is a re-wording of and
moral trait involved in the or improbability of the offense largely taken from the old item
charged. (3) of Sec. 51 (now Sec. 54)
offense charged
(2) The accused may prove his or ❑ Also, the new item (2) is a
(3) The good or bad moral her good moral character, combination of both the old
character of the offended pertinent to the moral trait items (1) and (2) of Sec. 51
party may be proved if it involved in the offense charged (now Sec. 54)
tends to establish in any However, the prosecution may
reasonable degree the not prove his or her bad moral
probability or improbability unless on rebuttal.
of the offense charged
NOTE1: No amendment in 7. Opinion Rule, Sec. 51 (General rule), except the re-numbering of the said section
NOTE2: The amendments in 7. Opinion Rule, Sec. 53 (Opinion of ordinary witnesses) are gender-based and pertain to
the re-numbering of the said sections
 RULE 130
RULES OF ADMISSIBILITY – cont.

SECTION ORIGINAL AMENDED REMARKS

PROVISION PROVISION
8. Character Evidence (b) In Civil Cases (b) In Civil Cases ❑ No amendment with respect to
the item involving Civil Cases
Sec. 54. Character Evidence of the moral character Evidence of the moral character
evidence not generally of a party in a civil case is of a party in a civil case is
admissible; exceptions – admissible only when pertinent to admissible only when pertinent to
the issue of character involved in the issue of character involved in
cont. the case. the case.

(c) In the case provided for in (c) In Criminal and Civil Cases ❑ Item (c) for both “Criminal and
Rule 132, Section 14 (Evidence Civil Cases” is a new provision
of good character of witness) Evidence of the good character and completely amends the
of a witness is not admissible old item (c)
until such character has been ❑ The amendment in item (c)
impeached. provides that, among others, ,
“character evidence” is
In all cases in which evidence admissible only if the witness
of character or a trait of is impeached.
character of a person is ❑ Also, in all cases in which
admissible, proof may be made character evidence or a trait
by testimony as to reputation thereof is admissible, proof
or by testimony in the form of thereof may be made by
an opinion. On testimony as to reputation or
cross-examination, inquiry is by testimony in the form of an
allowable into relevant specific opinion.
instances of conduct. ❑ During cross-examination, an
inquiry into relevant specific
In cases in which character or instances of conduct is
a trait of character of a person allowed
is an essential element of a ❑ In cases in which character or
charge, claim or defense, proof a trait of character of a person
may also be made of specific is an essential element of a
instances of that person’s charge, claim or defense,
conduct. proof thereof may be of
specific instances of that
person’s conduct
 RULE 131
BURDEN OF PROOF, BURDEN OF EVIDENCE AND
PRESUMPTIONS
SECTION ORIGINAL AMENDED REMARKS
PROVISION PROVISION
Sec. 1. Burden of proof Burden of proof is the Burden of proof is the duty ❑ The amendment in the
and burden of evidence duty of a party to of a party to present first paragraph of Sec. 1
evidence on facts in issue is the statement that
present evidence on
necessary to establish his “burden of proof never
facts in issue necessary or her claim or defense by shifts”, as compared to
to establish his claim or the amount of evidence “burden of evidence”
defense by the amount required by law. Burden of ❑ The second paragraph of
of evidence required by proof never shifts. Sec. 1 is a new provision.
law. This is the reason why
Burden of evidence is the Sec. 1 is included in its
duty of a party to present title.
evidence sufficient to ❑ Burden of evidence is
establish or rebut a fact in defined as the duty of a
issue to establish a prima party to present evidence
facie case. Burden of sufficient to establish or
evidence may shift from rebut a fact in issue to
one party to the other in establish a prima facie
the course of the case.
proceedings, depending ❑ Also, burden of evidence
on the exigencies of the may shift from one party
case. to another in the course
of the proceedings..

NOTE: The amendments in Sec. 2 (Conclusive presumptions), Sec. 3 (Disputable presumptions) and Sec. 4 (No
presumption of legitimacy or illegitimacy) are gender-based and minor clerical corrections
 RULE 131
BURDEN OF PROOF, BURDEN OF EVIDENCE, AND PRESUMPTIONS – cont.

SECTION ORIGINAL AMENDED REMARKS

PROVISION PROVISION
Sec. 5. Presumption in NO ORIGINAL PROVISION In all civil actions and ❑ Sec. 5 is a new provision.
proceedings not otherwise ❑ The amendment provides that
civil actions and provided for by the law or in all civil action and other
proceedings these Rules, a presumption proceedings, a presumption is
imposes on the party against imposed upon a party against
whom it is directed the burden whom a presumption it is
of going forward with evidence directed the burden of going
to rebut or meet the forward with evidence to rebut
presumption. or meet the presumption.

If presumptions are ❑ If presumptions are

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

Sec. 6. Presumption NO ORIGINAL PROVISION If a presumed fact that ❑ Sec. 6 is a new provision.
against an accused in establishes guilt is an ❑ It pertains to a presumed fact
element of the offense that establishes guilt and
criminal cases which is an element of the
charged, or negates a
offense charge, then the
defense, the existence of existence of the basic fact
the basic fact must be must be proved beyond
proved beyond reasonable reasonable doubt while the
doubt and the presumed presumed fact follows from the
fact follows from the basic basic fact beyond reasonable
fact beyond reasonable doubt.
doubt.
 RULE 132
PRESENTATION OF EVIDENCE
SECTION ORIGINAL AMENDED REMARKS
PROVISION PROVISION
A. EXAMINATION OF NO ORIGNAL PROVISION For the purpose of ❑ Sec. 12 is a new provision.
WITNESSES impeaching a witness, ❑ The amendment provides
evidence that he or she that impeaching a witness
Sec. 12. Impeachment
has been convicted by through evidence of
by evidence of conviction by final judgment
final judgment of a crime
conviction of crime is admitted provided the
shall be admitted if (a) the
crime was punishable by penalty imposed is
imprisonment of more than
a penalty in excess of one
one year or the crime
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,
conviction has been the then evidence of prior
subject of an amnesty or conviction cannot be used
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 PROVISION
Sec. 15. Exclusion and On any trial or hearing, the The court, motu proprio or ❑ The amendment in the first
separation of witnesses judge may exclude from the upon motion, shall order sentence of Sec. 15 allows
court any witness not at the witnesses excluded so that the judge to exclude a
time under examination, so they cannot hear the witness, motu proprio or
that he may not hear the testimony of other witnesses. upon motion
testimony of the other This rules does not ❑ The second sentence of
witnesses. The judge may authorize exclusion of (a) a Sec. 15 is a new provision.
party who is a natural ❑ The amendment provides
also cause witnesses to be
person, (b) a duly the grounds for not
separate and to be
designated representative of authorizing the exclusion of
prevented from conversing a juridical entity which is a a witness who is: (a) a
with one another until all party to the case, (c) a natural person, (b) a person
shall have been examined. person whose presence is duly designated
essential to the presentation representative of a juridical
of the party’s cause, or (d) a entity party to the case, (c)
person authorized by a one whose presence is
statute to be present. essential to the
presentation of the party’s
cause, or (d) a person
authorized by statute to be
present at the trial or
hearing.

The court may also cause ❑ The second paragraph of

witnesses to be kept separate Sec. 15 allows the court to
and to be prevented from keep separate the
conversing with one another, witnesses and prevent
directly or through them to converse with one
intermediaries, until all shall another, directly or through
have been examined. 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
second paragraph of
documents
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 AMENDED REMARKS
PROVISION PROVISION
B. AUTHENTICATION Before any private document Before any private document offered as ❑ The amendment in Sec.20
offered as authentic is received in authentic is received in evidence, its due pertains to a third means to prove
AND PROOF OF evidence, its due execution and execution and authenticity must be proved the due execution and
DOCUMENTS authenticity must be proved either: by any of the following means: authenticity of a private
(a) By anyone who saw the (a) By anyone who saw the document document, i.e., by “other evidence
Sec. 20. Proof of document executed or written; or executed or written; showing its due execution and
private documents (b) By evidence of the genuineness (b) By evidence of the genuineness of the authenticity”, aside from by
of the signature or handwriting of signature or handwriting of the maker; or anyone who saw it being
the maker. (c) By other evidence showing its due executed or proving the
execution and authenticity. genuineness of the signature or
handwriting of the maker
Any other private document need Any other private document need only be ❑ No amendment in the second
only be identified as that which it is identified as that which it is claimed to be. paragraph of Sec. 20.
claimed to be.

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

NO ORIGINAL PROVISION A document that is ❑ The fourth paragraph of Sec. 24

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 REMARKS
PROVISION PROVISION
C. OFFER AND Should a witness answer the Should a witness answer the ❑ The amendment in Sec. 39
OBJECTION question before the adverse question before the adverse provides that (a) should a
party had the opportunity to party had the opportunity to witness answer the
Sec. 39. Striking out
voice fully its objection to the voice fully its objection to the question before being
answer same, and such objection is same, or where a question is objected to, or (b) where a
found to be meritorious, the not objectionable, but the question is not
court shall sustain the answer is not responsive, or objectionable but the
objection and order the where a witness testifies answer is not responsive,
answer given to be stricken off without a questions being or (c) where a witness
the record. posed or testifies beyond testifies without questions
limits set by the court, or being posed or testifies
when the witness does a beyond the limits set by the
narration instead of court, or (d) when the
answering the question, and witness does a narration
such objection is found to be instead of answering the
meritorious, the court shall question, the court shall
sustain the objection and sustain the objection and
order such answer, order such answer,
testimony or narration to be testimony or narration to be
stricken off the record. stricken off the record

On proper motion, the court On proper motion, the court ❑ There is no amendment in
may also order the striking out may also order the striking out the second paragraph of
of answers which are of answers which are Sec. 39
incompetent, irrelevant or incompetent, irrelevant or
otherwise improper. otherwise improper.
 RULE 133
WEIGHT AND SUFFICIENCY OF EVIDENCE
SECTION ORIGINAL AMENDED PROVISION REMARKS
PROVISION
Sec. 4. Circumstantial Circumstantial evidence is sufficient Circumstantial evidence is sufficient for ❑ There is no amendment in the first
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.

Sec. 5. Weight to be NO ORIGINAL PROVISION In any case where the opinion of an ❑ Sec. 5 is a new provision.
expert witness is received in evidence, ❑ The amendment provides, among
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