PITALLANO, NICKY JONNA P.

EVIDENCE

Assignment: Compare the New and Old Rules on Evidence and identify the kind of amendment

KIND OF
RULE OLD PROVISION REVISED PROVISION
AMENDMENT

Rule 128. General Evidence is admissible when it is relevant Evidence is admissible when relevant to Incorporated
Provisions to the issue and is not excluded by law or the issue and not excluded by the developments in
these rules (3a) Constitution, the law or these Rules (3a) law

Section 3.
Admissibility of
Evidence

Rule 129. What Need A court shall take judicial notice, without A court shall take judicial notice, without Incorporated
Not be Proved. the introduction of evidence, of the the introduction of evidence, of the developments in
existence and territorial extent of states, existence and territorial extent of states, law
their political history, forms of government their political history, forms of
and symbols of nationality, the law of government and symbols of nationality,
Section 1 Judicial nations, the admiralty and maritime courts the law of nations, the admiralty and
Notice When of the world and their seals, the political maritime courts of the world and their
Mandatory constitution and history of the Philippines,
the official acts of the legislative, executive seals, the political constitution and
and judicial departments of the Philippines, history of the Philippines, the official
the laws of nature, the measure of time, acts of the legislative, executive and
and the geographical divisions. 1(a) judicial departments of the National
Government of the Philippines, the laws
of nature, the measure of time, and the
geographical divisions (1a)

Rule 129 During the trial, the court, on its own During the pre-trial and the trial, the Incorporated
initiative, or on request of a party, may court, motu proprio or upon motion, developments in
Section 3. Judicial announce its intention to take judicial shall hear the parties on the propriety of law
Notice, when Hearing notice of any matter and allow the parties taking judicial notice of any matter.
to be heard thereon.

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Mandatory

After the trial, and before judgment or on Before judgment or on appeal, the
appeal, the proper court, on its own court, motu proprio or upon motion may
initiative or on request of a party, may take take judicial notice of any matter and
judicial notice of any matter and allow the shall hear the parties thereon if such
parties to be heard thereon if such matter matter is decisive of a material issue in
is decisive of a material issue in the case. the case 3(a)

Rule 129. An admission, verbal or written, made by An admission, oral or written, made by Incorporated
the party in the course of the proceedings a party in the course of the proceedings developments in
Section 4. Judicial in the same case, does not require proof. in the same case does not require proof law
Admissions The admission may be contradicted only
by showing that it was made through The admission may be contradicted
palpable mistake or that no such only by showing that it was made
admission was made. through palpable mistake or that the
imputed admission was not, in fact,
made (4a)

Rule 130. Rules of Documents as evidence consist of writing Documents as evidence consist of Acknowledged
Admissibility or any material containing letters, words, writings, recordings, photographs or any technological
numbers, figures, symbols or other modes material containing letters, words, advances and
of written expression offered as proof of sounds, numbers, figures, symbols, or Incorporated
their contents. (n) their equivalent or other modes of developments in
A. Documentary written expression offered as proof of law
Evidence their contents Photographs include still
pictures, drawings, stored images, x ray
films, motion pictures or videos. (n)

Rule 130. When the subject of inquiry is the contents When the subject of inquiry is the Acknowledged
of a document, no evidence shall be contents of a document, writing, technological
admissible other than the original recording, photograph or other record advances and
document itself, except in the following no evidence is admissible other than Incorporated
Section 3. Original cases: the original document itself, except in developments in
the following cases: law

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document must be
produced; exceptions
(a) When the original has been lost or (a) When the original is lost or
destroyed, or cannot be produced in court, destroyed, or cannot be produced in
without bad faith on the part of the offeror; 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 (b) When the original is in the custody
whom the evidence is offered, and the or under the control of the party against
latter fails to produce it after reasonable
notice; whom the evidence is offered, and the

latter fails to produce it after reasonable

notice, or the original cannot be
(c) When the original consists of obtained by judicial processes or
numerous accounts or other documents procedure;
which cannot be examined in court without
great loss of time and the fact sought to be
established from them is only the general
result of the whole; and (c) When the original consists of
numerous accounts or other documents

which cannot be examined in court

(d) When the original is a public record without great loss of time and the fact
in the custody of a public officer or is sought to be established from them is
recorded in a public office. (2a) only the general result of the whole and

(d) When the original is a public record

in the custody of a public officer or is
recorded in a public office

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(e) When the original is not closely

related to a controlling issue (3a)

Rule 130. (a) The original of the document is one the (a) An original of a document is the Incorporated
contents of which are the subject of document itself or any counterpart developments in
Section 4. Original inquiry. intended to have the same effect by a law
Document person executing or issuing it. An
“original” of a photograph includes the
negative or any print therefrom If data is
(b) When a document is in two or more stored in a computer or similar device,
copies executed at or about the same any printout or other output readable by
time, with identical contents, all such sight or other means, shown to reflect
copies are equally regarded as originals. the data accurately is an “original”.

(c) When an entry is repeated in the (b) A “duplicate” is a counterpart

regular course of business, one being produced by the same impression as
copied from another at or near the time of the original, or from the same matrix, or
the transaction, all the entries are likewise by means of photography, including
equally regarded as originals. (3a) 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
genuine question is raised as to the
authenticity of the original, or 2) in the

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circumstances, it is unjust or inequitable

to admit the duplicate in lieu of the
original. (4a)

Rule 130. When the original document has been lost When the original document has been Gender Inclusive
or destroyed, or cannot be produced in
court, the offeror, upon proof of its lost or destroyed, or cannot be
execution or existence and the cause of its produced in court, the offeror, upon
Section 5. When unavailability without bad faith on his part, proof of its execution or existence and
original of document may prove its contents by a copy, or by a the cause of its unavailability without
is unavailable recital of its contents in some authentic bad faith on his or her part, may prove
document, or by the testimony of its contents by a copy, or by a recital of
witnesses in the order stated. (4a) its contents in some authentic
document, or by the testimony of
witnesses in the order stated. (5a)

Secondary Evidence If the document is in the custody or under If the document is in the custody or Gender Inclusive
the control of adverse party, he must have
reasonable notice to produce it. If after under the control of the adverse party,
such notice and after satisfactory proof of he or she must have reasonable notice
Section 6. When its existence, he fails to produce the to produce it If after such notice and
original document is document, secondary evidence may be after satisfactory proof of its existence,
in adverse party’s presented as in the case of its loss. (5a) he or she fails to produce the
custody or control document, secondary evidence may be
presented as in the case of its loss (5a)

Section 7. When the contents of documents, Incorporated

Summaries (New records, photographs, or numerous developments in
Provision) accounts are voluminous and cannot be law
examined in court without great loss of
time, and the fact sought to be
established is only the general result of
the whole, the contents of such
evidence may be presented in the form
of a chart, summary or calculation.

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The originals shall be available for

examination or copying, or both, by the

adverse party at a reasonable time and

place The court may order that they be

produced in court. (n)

Section 7. Evidence When the original of document is in the Now Section 8. Renumbered
admissible when custody of public officer or is recorded in a
original document is public office, its contents may be proved
a public record by a certified copy issued by the public
officer in custody thereof. (2a)

(Old Rules)

Section 8. Party A party who calls for the production of a Now Section 9. Renumbered
who calls for document and inspects the same is not
document not bound obliged to offer it as evidence. (6a)
to offer it.

(Old Rules)

Parol Evidence When the terms of an agreement have Now Section 10. Renumbered;
been reduced to writing, it is considered as Gender Inclusive
containing all the terms agreed upon and
there can be, between the parties and their
Section 9. Evidence successors in interest, no evidence of When the terms of an agreement have
of written agreements such terms other than the contents of the

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written agreement. been reduced to writing, it is considered

(Old Rules) as containing all the terms agreed upon

However, a party may present evidence to and there can be, as between the
modify, explain or add to the terms of parties and their successors in interest,
written agreement if he puts in issue in his no evidence of such terms other than
pleading: the contents of the written agreement.

(a) An intrinsic ambiguity, mistake or However, a party may present evidence

imperfection in the written agreement;
to modify, explain or add to the terms of

the written agreement if he or she puts

(b) The failure of the written in issue in a verified pleading.
agreement to express the true intent and
agreement of the parties thereto;

(a) An intrinsic ambiguity, mistake or

(c) The validity of the written imperfection in the written agreement;

agreement; or

(b) The failure of the written agreement

(d) The existence of other terms to express the true intent and
agreed to by the parties or their agreement of the parties thereto;
successors in interest after the execution
of the written agreement.

(c) The validity of the written agreement

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The term "agreement" includes wills. (7a) Or

(d) The existence of other terms agreed

to by the parties or their successors in

interest after the execution of the written

agreement .

The term “agreement” includes wills.

(9a)

Section 10. The language of a writing is to be Now Section 11. Renumbered

Interpretation of a interpreted according to the legal meaning
writing according to it bears in the place of its execution,
its legal meaning unless the parties intended otherwise. (8)

(Old Rules)

Section 11. In the construction of an instrument, where Now Section 12. Renumbered
Instrument construed there are several provisions or particulars,
so as to give effect to such a construction is, if possible, to be
all provisions. adopted as will give effect to all. (9)

(Old Rules)

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Section 12. In the construction of an instrument, the Now Section 13. Renumbered
Interpretation intention of the parties is to be pursued;
according to and when a general and a particular
intention; general and provision are inconsistent, the latter is
particular provisions paramount to the former. So a particular
intent will control a general one that is
inconsistent with it. (10)

(Old Rules)

Section 13. For the proper construction of an Now Section 14. Renumbered;
Interpretation instrument, the circumstances under which Gender Inclusive
according to it was made, including the situation of the
circumstances subject thereof and of the parties to it, may
be shown, so that the judge may be placed For the proper construction of an
in the position of those who language he is instrument, the circumstances under
to interpret. (11) which it was made, including the
(Old Rules) situation of the subject thereof and of
the parties to it, may be shown, so that
the judge may be placed in the position
of those whose language he or she is to
interpret 13 a)

Section 14. Peculiar The terms of a writing are presumed to Now Section 15. Renumbered
signification of terms. have been used in their primary and
general acceptation, but evidence is
admissible to show that they have a local,
technical, or otherwise peculiar
(Old Rules) signification, and were so used and
understood in the particular instance, in
which case the agreement must be
construed accordingly. (12)
Renumbered
Section 15. Written When an instrument consists partly of Now Section 16.

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words control printed. written words and partly of a printed form,

and the two are inconsistent, the former
controls the latter. (13)

(Old Rules)
Renumbered
Section 16. Experts When the characters in which an Now Section 17.
and interpreters to be instrument is written are difficult to be
used in explaining deciphered, or the language is not
certain writings. understood by the court, the evidence of
persons skilled in deciphering the
characters, or who understand the
language, is admissible to declare the
(Old Rules) characters or the meaning of the
language. (14)

Section 17. Of Two When the terms of an agreement have Now Section 18. Renumbered;
constructions, which been intended in a different sense by the Gender Inclusive
preferred. different parties to it, that sense is to
prevail against either party in which he
supposed the other understood it, and When the terms of an agreement have
when different constructions of a provision been intended in a different sense by
(Old Rules) are otherwise equally proper, that is to be the different parties to it, that sense is to
taken which is the most favorable to the prevail against either party in which he
party in whose favor the provision was or she supposed the other understood
made. (15) it, and when different constructions of a
provision are otherwise equally proper,
that is to be taken which is the most
favorable to the party in whose favor the
provision was made. (15)

Section 18. When an instrument is equally susceptible Now Section 19. Renumbered
Construction in favor of two interpretations, one in favor of
of natural right natural right and the other against it, the

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former is to be adopted. (16)

(Old Rules)
Renumbered
Section 19. An instrument may be construed according Now Section 20.
to usage, in order to determine its true
Interpretation character. (17)
according to usage

(Old Rules)
Renumbered
Testimonial Evidence Except as provided in the next succeeding Now Section 21.
section, all persons who can perceive, and
Section 20. perceiving, can make their known
Witnessess; their perception to others, may be witnesses.
qualifications

(Old Rules)

Section 36. A witness can testify only to those facts Now Section 22. Testimony confined to Renumbered;
Testimony generally which he knows of his personal personal knowledge – Gender Inclusive
confined to personal knowledge; that is, which are derived from
knowledge; hearsay his own perception, except as otherwise
excluded provided in these rules. (30a)
A witness can testify only to those facts
which he or she knows of his or her
personal knowledge that is, which are
derived from his or her own perception
(36a)

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Section 22. During their marriage, neither the husband During their marriage, the husband or Incorporated
Disqualification by nor the wife may testify for or against the the wife, cannot testify for or against the developments in
reason of marriage other without the consent of the affected law
spouse, except in a civil case by one other without the consent of the affected
against the other, or in a criminal case for
a crime committed by one against the spouse, except in a civil case by one
other or the latter's direct descendants or against the other, or in a criminal case
ascendants. (20a) for a crime committed by one against
the other or the latter’s direct
descendants or ascendants (22a)

Section 24. The following persons cannot testify as to The following persons cannot testify Incorporated
Disqualification by matters learned in confidence in the developments in
reason of privileged following cases: as to matters learned in confidence in law and
communications the following cases: jurisprudence

(a) The husband or the wife, during or

after the marriage, cannot be examined (a) The husband or the wife, during
without the consent of the other as to any or after the marriage, cannot be
communication received in confidence by examined without the consent of the
one from the other during the marriage other as to any communication received
except in a civil case by one against the in confidence by one from the other
other, or in a criminal case for a crime during the marriage except in a civil
committed by one against the other or the case by one against the other, or in a
latter's direct descendants or ascendants; criminal case for a crime committed by
one against the other or the latter's
direct descendants or ascendants;

(b) An attorney cannot, without the

consent of his client, be examined as to
any communication made by the client to (b) An attorney or person reasonably
him, or his advice given thereon in the believed by the client to be licensed to
course of, or with a view to, professional
employment, nor can an attorney's

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secretary, stenographer, or clerk be engage in the practice of law cannot,

examined, without the consent of the client without the consent of the client, be
and his employer, concerning any fact the examined as to any communication
knowledge of which has been acquired in made by the client to him or her or his
such capacity; 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
(c) A person authorized to practice other persons assisting the attorney be
medicine, surgery or obstetrics cannot in a examined, without the consent of the
civil case, without the consent of the client and his or her employer,
patient, be examined as to any advice or concerning any fact the knowledge of
treatment given by him or any information which has been acquired in such
which he may have acquired in attending capacity, except in the following cases:
such patient in a professional capacity,
which information was necessary to
enable him to act in capacity, and which
would blacken the reputation of the i. Furtherance of crime or fraud. If
patient; the services or advice of the
lawyer were sought or obtained
to enable or aid anyone to
commit or plan to commit what
(d) A minister or priest cannot, without the client knew or reasonably
the consent of the person making the should have known to be a
confession, be examined as to any crime or fraud
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; ii. Claimants through the same
deceased client. As to a
communication relevant to an
issue between parties who claim
(e) A public officer cannot be through the same deceased
examined during his term of office or client, regardless of whether the
afterwards, as to communications made to claims are by testate or intestate

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him in official confidence, when the court or by inter vivos transaction;

finds that the public interest would suffer
by the disclosure. (21a)

iii. Breach of duty by lawyer or

client. As to a communication
relevant to an issue of breach of
duty by the lawyer to his or her
client, or by the client to his or
her lawyer;

iv. Document attested by the

lawyer. As to a communication
relevant to an issue concerning
an attested document to which
the lawyer is an attesting
witness; or

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.

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(c) A physician, psychotherapist or

person reasonably believed by the
patient to be authorized to practice
medicine or psychotherapy cannot in a

civil case, without the consent of the

patient, be examined as to any
confidential communication made for
the purpose of diagnosis or treatment of
the patient’s physical, mental or
emotional condition, including alcohol or
drug addiction, between the patient and
his or her physician or psychotherapist
This privilege also applies to persons,
including members of the patient’s
family, who have participated in the
diagnosis or treatment of the patient
under the direction of the physician or

psychotherapist.

A “psychotherapist” is

a) A person licensed to practice

medicine engaged in the
diagnosis or treatment of a
mental or emotional condition, or

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b) A person licensed as a
psychologist by the government
while similarly engaged.

(d) A minister, priest or person

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

(e) A public officer cannot be examined

during or after his or her tenure as to

communications made to him or her in

official confidence, when the court finds

that the public interest would suffer by

the disclosure.

The communication shall remain

privileged, even in the hands of a third

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person who may have obtained the

information, provided that the original
parties to the communication took
reasonable precaution to protect its
confidentiality. (24a)

Testimonial Privilege No person may be compelled to testify No person shall be compelled to testify Incorporated
against his parents, other direct against his or her parents, other direct developments in
ascendants, children or other direct ascendants, children or other direct law
descendants. (20a) descendants, except when such
Section 25. Parental testimony is indispensable in a crime
and Filial Privilege against that person or by one parent
against the other. (25a)

Section 26. Privilege A person cannot be compelled to testify New Provision

relating to trade about any trade secret, unless the non-
secrets disclosure will conceal fraud or
otherwise work injustice When
disclosure is directed, the court shall
take such protective measure as the
(New Rule) interest of the owner of the trade secret
and of the parties and the furtherance of
justice may require. (n)

Section 26. The act, declaration or omission of a party Now Section 27. Renumbered;
as to a relevant fact may be given in Gender Inclusive
Admission of a party. evidence against him. (22)

The act, declaration or omission of a

(Old Rule) party as to a relevant fact may be given

in evidence against him or her. (26a)

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Section 27. Offer of In civil cases, an offer of compromise is Now Section 28. Renumbered;
compromise not not an admission of any liability, and is not Incorporated
admissible admissible in evidence against the offeror. developments in
law
In civil cases, an offer of compromise is

(Old Rule) In criminal cases, except those involving not an admission of any liability, and is
quasi-offenses (criminal negligence) or
those allowed by law to be compromised, not admissible in evidence against the
an offer of compromised by the accused
may be received in evidence as an implied offeror. Neither is evidence of conduct
admission of guilt.
nor statements made in compromise
negotiations admissible, except
evidence otherwise discoverable or
A plea of guilty later withdrawn, or an offered for another purpose, such as
unaccepted offer of a plea of guilty to proving bias or prejudice of a witness,
lesser offense, is not admissible in negativing a contention of undue delay,
evidence against the accused who made or proving an effort to obstruct a
the plea or offer. criminal investigation of prosecution.

An offer to pay or the payment of medical, In criminal cases, except those

hospital or other expenses occasioned by involving quasi offenses (criminal
an injury is not admissible in evidence as negligence) or those allowed by law to
proof of civil or criminal liability for the be compromised, an offer of
injury. (24a) compromise by the accused may be
received in evidence as an implied
admission of guilt.

A plea of guilty later withdrawn, or an

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unaccepted offer of a plea of guilty to a

lesser offense, is not admissible in

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

An offer to pay or the payment of

medical, hospital or other expenses
occasioned by an injury is not
admissible in evidence as proof of civil
or criminal liability for the injury. (27a)

Section 28. The rights of a party cannot be prejudiced Now Section 29. Renumbered
Admission by third by an act, declaration, or omission of
party another, except as hereinafter provided.
(25a)

(Old Rule)

Section 29. The act or declaration of a partner or agent Now Section 30. Renumbered;
Admission by co- of the party within the scope of his Incorporated
partner or agent. authority and during the existence of the developments in
partnership or agency, may be given in law
evidence against such party after the The act or declaration of a partner or
partnership or agency is shown by agent authorized by the party to make a
(Old Rule) evidence other than such act or

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declaration. The same rule applies to the statement concerning the subject, or
act or declaration of a joint owner, joint within the scope of his or her authority
debtor, or other person jointly interested and during the existence of the
with the party. (26a) partnership or agency, may be given in

evidence against such party after the

partnership or agency is shown by
evidence other than such act or
declaration The same rule applies to the

act or declaration of a joint owner, joint

debtor, or other person jointly interested

with the party 29 a)

Section 30. The act or declaration of a conspirator Now Section 31. Renumbered
Admission by relating to the conspiracy and during its
conspirator. existence, may be given in evidence
against the co-conspirator after the
conspiracy is shown by evidence other The act or declaration of a conspirator
than such act of declaration. (27) in furtherance of the conspiracy and
(Old Rule) during its existence, may be given in
evidence against the co-conspirator
after the conspiracy is shown by
evidence other than such act or
declaration. (27)

Section 31. Where one derives title to property from Now Section 32. Renumbered;
Admission by privies another, the act, declaration, or omission Incorporated
of the latter, while holding the title, in developments in
relation to the property, is evidence law
against the former. (28) Where one derives title to property from
(Old Rule)

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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.(31
a)

Section 32. An act or declaration made in the Now Section 33. Renumbered;
Admission by silence presence and within the hearing or Incorporated
observation of a party who does or says developments in
nothing when the act or declaration is such law
as naturally to call for action or comment if An act or declaration made in the
(Old Rule) not true, and when proper and possible for presence and within the hearing or
him to do so, may be given in evidence observation of a party who does or says
against him.
nothing when the act or declaration is
such as naturally to call for action or
comment if not true, and when proper
and possible for him or her to do so,
may be given in evidence against him
or her.

Section 33. The declaration of an accused The declaration of an accused Gender inclusive
acknowledging his guilt of the offense acknowledging his or her guilt of the
Confession. charged, or of any offense necessarily offense charged, or of any offense
included therein, may be given in evidence necessarily included therein, may be
against him. (29a) given in evidence against him or her.

(Old Rule)

Section 34. Similar Evidence that one did or did not do a Now Section 35. Renumbered;
Acts as Evidence certain thing at one time is not admissible Gender Inclusive
to prove that he did or did not do the same

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or similar thing at another time; but it may Evidence that one did or did not do a
be received to prove a specific intent or certain thing at one time is not
knowledge; identity, plan, system, scheme, admissible to prove that he or she did or
habit, custom or usage, and the like. did not do the same or similar thing at
another time; but it may be received to
prove a specific intent or knowledge;
identity, plan, system, scheme, habit,
custom or usage, and the like.

Section 35. An offer in writing to pay a particular sum Now Section 36. Renumbered
Unaccepted Offer of money or to deliver a written instrument
or specific personal property is, if rejected
without valid cause, equivalent to the
actual production and tender of the money,
instrument, or property.

5. Testimonial New Title Now: “Hearsay”. Incorporated

Knowledge developments in
law

(Title under Old

Rules)

Section 36. A witness can testify only to those facts Now Section 37. Hearsay Renumbered;
Testimony generally which he knows of his personal Incorporated
confined to personal knowledge; that is, which are derived from developments in
knowledge; hearsay his own perception, except as otherwise law
excluded. provided in these rules. Hearsay is a statement other than one
made by the declarant while testifying at
a trial or hearing, offered to prove the
truth of the facts asserted therein A
statement is 1) an oral or written
assertion or 2) a non-verbal conduct of

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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.

Section 37. Dying The declaration of a dying person, made Now Section 38. Renumbered;
Declaration under the consciousness of an impending Gender Inclusive
death, may be received in any case
wherein his death is the subject of inquiry,
as evidence of the cause and surrounding The declaration of a dying person,
circumstances of such death. made under the consciousness of an
impending death, may be received in
any case wherein his or her death is the

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EVIDENCE

subject of inquiry, as evidence of the

cause and surrounding circumstances
of such death.

Section 23. Parties or assignor of parties to a case, or Now Section 39. Statement of Decedent Renumbered;
Disqualification by persons in whose behalf a case is or person of unsound mind. Incorporated
reason of death or prosecuted, against an executor or developments in
insanity of adverse administrator or other representative of a law
party deceased person, or against a person of
unsound mind, upon a claim or demand In an action against an executor or
against the estate of such deceased administrator or other representative of
person or against such person of unsound a deceased person, or against a person
(Old Rule) mind, cannot testify as to any matter of of unsound mind, upon a claim or
fact occurring before the death of such demand against the estate of such
deceased person or before such person deceased person or against such
became of unsound mind. 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 deceased
person or before the person became of
unsound mind, any statement of the
deceased or the person of unsound
mind, may be received in evidence if
the statement was made upon the
personal knowledge of the deceased or
the person of unsound mind at a time
when the matter had been recently
perceived by him or her and while his or
her recollection was clear. Such
statement, however, is inadmissible if
made under circumstances indicating its
lack of trustworthiness.

Section 38. The declaration made by a person Now Section 40. Renumbered;

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Declaration against deceased, or unable to testify, against the Incorporated

interest interest of the declarant, if the fact is developments in
asserted in the declaration was at the time The declaration made by a person law
it was made so far contrary to declarant's deceased, or unable to testify, against
own interest, that a reasonable man in his the interest of the declarant, if the fact
(Old Rule) position would not have made the asserted in the declaration was at the
declaration unless he believed it to be true, time it was made so far contrary to the
may be received in evidence against
himself or his successors in interest and declarant's own interest, that a
against third persons. reasonable person in his or her position

would not have made the declaration

unless he or she believed it to be true,
may be received in evidence against
himself or herself or his or her
successors in interest and against third

persons. A statement tending to expose

the declarant to criminal liability and

offered to exculpate the accused is not

admissible unless corroborating

circumstances clearly indicate the
trustworthiness of the statement.

Section 39. Act or The act or declaration of a person Now Section 41. Renumbered;
declaration about deceased, or unable to testify, in respect Incorporated
pedigree to the pedigree of another person related developments in
to him by birth or marriage, may be law
received in evidence where it occurred The act or declaration of a person
before the controversy, and the deceased or unable to testify, in respect
(Old rule) relationship between the two persons is to the pedigree of another person
shown by evidence other than such act or related to him or her by birth, adoption
declaration. The word "pedigree" includes

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relationship, family genealogy, birth, or marriage, or, in the absence thereof,

marriage, death, the dates when and the with whose family he or she was so
places where these fast occurred, and the intimately associated as to be likely to
names of the relatives. It embraces also have accurate information concerning
facts of family history intimately connected his or her pedigree may be received in
with pedigree. evidence where it occurred before the
controversy, and the relationship
between the two persons is shown by
evidence other than such act or
declaration The word “pedigree”
includes relationship, family genealogy,
birth, marriage, death, the dates when
and the places where these facts
occurred, and the names of the
relatives It embraces also facts of family
history intimately connected with
pedigree.

Section 40. Family The reputation or tradition existing in a Now Section 42. Renumbered;
reputation or tradition family previous to the controversy, in Incorporated
regarding pedigree respect to the pedigree of any one of its developments in
members, may be received in evidence if law
the witness testifying thereon be also a The reputation or tradition existing in a
member of the family, either by family previous to the controversy, in
(Old Rule) consanguinity or affinity. Entries in family respect to the pedigree of any one of its
bibles or other family books or charts, members, may be received in evidence
engravings on rings, family portraits and if the witness testifying thereon be also
the like, may be received as evidence of a member of the family, either by
pedigree. consanguinity or affinity, or adoption
Entries in family bibles or other family
books or charts, engravings on rings,
family portraits and the like, may be
received as evidence of pedigree.

Section 41. Common Common reputation existing previous to Now Section 43. Renumbered;

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reputation the controversy, respecting facts of public Incorporated

or general interest more than thirty years developments in
old, or respecting marriage or moral Common reputation existing previous to law
character, may be given in evidence.
Monuments and inscriptions in public the controversy, as to boundaries of or
places may be received as evidence of
common reputation customs affecting lands in the
community and reputation as to events
of general history important to the
community, or respecting marriage or
moral character, may be given in
evidence. Monuments and inscriptions
in public places may be received as
evidence of common reputation.

Section 42. Part of Statements made by a person while a Now Section 44. Renumbered;
the res gestae starting occurrence is taking place or Incorporated
immediately prior or subsequent thereto developments in
with respect to the circumstances thereof, law
may be given in evidence as part of res Statements made by a person while a
gestae. So, also, statements startling occurrence is taking place or
accompanying an equivocal act material to immediately prior or subsequent
the issue, and giving it a legal significance, thereto, under the stress of excitement
may be received as part of the res gestae. caused by the occurrence with respect
to the circumstances thereof, may be
given in evidence as part of the res
gestae. So, also, statements
accompanying an equivocal act material
to the issue, and giving it a legal
significance, may be received as part of
the res gestae.
Entries made at, or near the time of
Section 43. Entries in transactions to which they refer, by a Now Section 25. Records of regularly Renumbered;
the course of person deceased, or unable to testify, who conducted business activity Incorporated
was in a position to know the facts therein

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EVIDENCE

stated, may be received as prima facie

business evidence, if such person made the entries developments in
in his professional capacity or in the law
performance of duty and in the ordinary or A memorandum, report, record or data
regular course of business or duty.
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.

Section 44. Entries in Entries in official records made in the Now Section 46. Renumbered;
official records performance of his duty by a public officer Incorporated
of the Philippines, or by a person in the developments in
performance of a duty specially enjoined law
by law, are prima facie evidence of the Entries in official records made in the
(Old rule) facts therein stated. performance of his or her duty by a
public officer of the Philippines, or by a
person in the performance of a duty
specially enjoined by law, are prima
facie evidence of the facts therein
stated.

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Section 45. Evidence of statements of matters of Now Section 47. Renumbered

Commercial lists and interest to persons engaged in an
the like occupation contained in a list, register,
periodical, or other published compilation
is admissible as tending to prove the truth
of any relevant matter so stated if that
(Old Rule) compilation is published for use by
persons engaged in that occupation and is
generally used and relied upon by them
therein.

Section 46. Learned A published treatise, periodical or Now Section 48. Renumbered;
Treatises pamphlet on a subject of history, law, Gender Inclusive
science, or art is admissible as tending to
prove the truth of a matter stated therein if
the court takes judicial notice, or a witness A published treatise, periodical or
(Old Rule) expert in the subject testifies, that the pamphlet on a subject of history, law,
writer of the statement in the treatise, science, or art is admissible as tending
periodical or pamphlet is recognized in his to prove the truth of a matter stated
profession or calling as expert in the therein if the court takes judicial notice,
subject. or a witness expert in the subject
testifies, that the writer of the statement
in the treatise, periodical or pamphlet is
recognized in his or her profession or
calling as expert in the subject.

Section 49. The opinion of a witness on a matter The testimony or deposition of a Incorporated
Testimony or requiring special knowledge, skill, witness deceased or out of the developments in

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deposition at a experience or training which he shown to Philippines or who cannot, with due law
former proceeding possess, may be received in evidence.
diligence, be found therein, or is

unavailable or otherwise unable to

(Old Rule) 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.

Section 50. Residual A statement not specifically covered by New Provision

exception any of the foregoing exceptions, having (Incorporated
equivalent circumstantial guarantees of developments in
trustworthiness, is admissible if the law)
court determines that (a) the statement
(New provision) 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

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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 .

Opinion Rule The opinion of witness is not admissible, Now Section 51. Renumbered
except as indicated in the following
sections.

Section 48. General

Rule

Section 49. Opinion The opinion of a witness on a matter Now Section 52. Renumbered;
of expert witness requiring special knowledge, skill, Gender Inclusive
experience or training which he shown to
possess, may be received in evidence.
The opinion of a witness on a matter
requiring special knowledge, skill,
experience or training or education
which he or she is shown to possess,
may be received in evidence.

Section 50. Opinion The opinion of a witness for which proper Now Section 53. Renumbered;
of ordinary witness basis is given, may be received in Gender Inclusive
evidence regarding —

The opinion of a witness for which

proper basis is given, may be received
(a) the identity of a person about in evidence regarding---
whom he has adequate knowledge;

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EVIDENCE

a) The identity of a person about whom

he or she has adequate knowledge;
(b) A handwriting with which he has
sufficient familiarity; and

b) A handwriting with which he or she

has sufficient familiarity; and
(c) The mental sanity of a person with
whom he is sufficiently acquainted.

c) The mental sanity of a person with

whom he or she is sufficiently
The witness may also testify on his acquainted.
impressions of the emotion, behavior,
condition or appearance of a person.

The witness may also testify on his or

her impressions of the emotion,

behavior, condition or appearance of a
person.

Character Evidence (a) In Criminal Cases: Now Section 54. Renumbered;

Incorporated
developments in
law
Section 51. (1) The accused may prove his good Evidence of a person’s character or a
Character evidence moral character which is pertinent to the
not generally moral trait involved in the offense charged. trait of character is not admissible for
admissible; the purpose of proving action in
exceptions conformity therewith on a particular
occasion, except:
(2) Unless in rebuttal, the prosecution
may not prove his bad moral character

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(Old Rule) which is pertinent to the moral trait (a) In Criminal Cases:
involved in the offense charged.

1) The character of the offended party

(3) The good or bad moral character of
the offended party may be proved if it may be proved if it tends to establish in
tends to establish in any reasonable
degree the probability or improbability of any reasonable degree the probability
the offense charged. or improbability of the offense charged;

(b) In Civil Cases: (2) The accused may prove his or her

good moral character, pertinent to the

Evidence of the moral character of a party moral trait involved in the offense
in civil case is admissible only when charged. However, the prosecution may
pertinent to the issue of character involved not prove his or her bad moral character
in the case. unless on rebuttal.

(c) In the case provided for in Rule (b) In Civil Cases:

132, Section 14.

Evidence of the moral character of a

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

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(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 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.

Rule 131. Burden of Rule 131. Burden of Proof, Burden of

Proof Presumptions Evidence and Presumptions

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(Old Rule)

Section 1. Burden of Burden of proof is the duty of a party to Section 1. Burden of proof and burden Incorporated
proof present evidence on the facts in issue of evidence developments in
necessary to establish his claim or law
defense by the amount of evidence
required by law.
Burden of proof is the duty of a party to
present evidence on the facts in issue
necessary to establish his or her claim
or defense by the amount of evidence

required by law. Burden of proof never

shifts.

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.

Section 2. Conclusive The following are instances of conclusive The following are instances of Gender Inclusive
Presumptions presumptions: conclusive presumptions:

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(a) Whenever a party has, by his own (a) Whenever a party has, by his or
declaration, act, or omission, intentionally her own declaration, act, or omission,
and deliberately led to another to believe a intentionally and deliberately led to
particular thing true, and to act upon such another to believe a particular thing
belief, he cannot, in any litigation arising true, and to act upon such belief, he or
out of such declaration, act or omission, be she cannot, in any litigation arising out
permitted to falsify it: of such declaration, act or omission, be
permitted to falsify it; and

(b) The tenant is not permitted to deny

the title of his landlord at the time of (b) The tenant is not permitted to
commencement of the relation of landlord deny the title of his or her landlord at
and tenant between them. the time of commencement of the
relation of landlord and tenant between
them.

Section 3. Disputable Amendments

Presumptions made to the
disputable
presumptions
enumerated
under

Section 3 Rule
131 were for
GENDER
INCLUSIVENESS

Section 4. No There is no presumption of legitimacy of a There is no presumption of legitimacy of Gender Inclusive

presumption of child born after three hundred days a child born after three hundred days
legitimacy or following the dissolution of the marriage or following the dissolution of the marriage
illegitimacy the separation of the spouses. Whoever or the separation of the spouses.
alleges the legitimacy or illegitimacy of Whoever alleges the legitimacy or
such child must prove his allegation. illegitimacy of such child must prove his

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or her allegation.

Section 5. In all civil actions and proceedings not New Provision

Presumption in civil otherwise provided for by the law or
actions and these Rules, a presumption imposes on
proceedings the party against whom it is directed the
burden of going forward with evidence
to rebut or meet the presumption.

(New Provision)

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.

Section 6. If a presumed fact that establishes guilt, New provision

Presumption against is an element of the offense charged, or
accused in criminal negates a defense, the existence of the
cases basic fact must be proved beyond
reasonable doubt and the presumed
fact follows from the basic fact beyond
reasonable doubt.
(New Provision)

Rule 132. The entire proceedings of a trial or The entire proceedings of a trial or Gender Inclusive
Presentation of hearing, including the questions hearing, including the questions
Evidence propounded to a witness and his answers propounded to a witness and his or her
thereto, the statements made by the judge answers thereto, the statements made
or any of the parties, counsel, or witnesses by the judge or any of the parties,
with reference to the case, shall be counsel, or witnesses with reference to
A. Examination of recorded by means of shorthand or the case, shall be recorded by means of

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Witnesses stenotype or by other means of recording shorthand or stenotype or by other

found suitable by the court. means of recording found suitable by
the court.

Section 2.
Proceedings to be A transcript of the record of the
Recorded proceedings made by the official A transcript of the record of the
stenographer, stenotypist or recorder and proceedings made by the official
certified as correct by him shall be deemed stenographer, stenotypist or recorder
prima facie a correct statement of such and certified as correct by him or her
proceedings. shall be deemed prima facie a correct
statement of such proceedings.

Section 3. Rights A witness must answer questions, A witness must answer questions, Gender Inclusive
and obligations of a although his answer may tend to establish although his or her answer may tend to
witness. a claim against him. However, it is the right establish a claim against him or her.
of a witness: However, it is the right of a witness:

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

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

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

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

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

(5) Not to give an answer which will (5) Not to give an answer which will
tend to degrade his reputation, unless it to tend to degrade his or her reputation,
be the very fact at issue or to a fact from unless it to be the very fact at issue or
which the fact in issue would be to a fact from which the fact in issue
presumed. But a witness must answer to would be presumed. But a witness must
the fact of his previous final conviction for answer to the fact of his or her previous
an offense. final conviction for an offense.

Section 5. Direct Direct examination is the examination-in- Direct examination is the examination- Gender Inclusive
examination chief of a witness by the party presenting in-chief of a witness by the party
him on the facts relevant to the issue. presenting him or her on the facts
relevant to the issue.

Section 6. Cross- Upon the termination of the direct Upon the termination of the direct Gender Inclusive
examination; its examination, the witness may be cross- examination, the witness may be cross-
purpose and extent. examined by the adverse party as to many examined by the adverse party on any
matters stated in the direct examination, or relevant matter, with sufficient fullness
connected therewith, with sufficient and freedom to test his or her accuracy
fullness and freedom to test his accuracy and truthfulness and freedom from
and truthfulness and freedom from interest interest or bias, or the reverse, and to
or bias, or the reverse, and to elicit all elicit all important facts bearing upon
important facts bearing upon the issue. the issue.

Sections 7,8,10 and Amendments

11 of Rule 132 made to Sections
7,8,10 and 11 of

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Rule 132 were for

GENDER
INCLUSIVENESS

Section 12. For the purpose of impeaching a New Provision

Impeachment by witness, evidence that he or she has
evidence of been convicted by final judgment of a
conviction or crime crime shall be admitted if (a) the crime
was punishable by a penalty in excess
of one year or (b) the crime involved
moral turpitude, regardless of the
(New Provision) penalty.

However, evidence of a conviction is

not admissible if the conviction has
been the subject of an amnesty or
annulment of the conviction.

Section 12 . Party Except with respect to witnesses referred Now Section 13. Renumbered;
may not impeach his to in paragraphs (d) and (e) of Section 10, Gender Inclusive
or her own witness the party producing a witness is not
allowed to impeach his credibility.
Except with respect to witnesses
referred to in paragraphs (d) and (e) of
Section 10 of this Rule the party
A witness may be considered as unwilling producing a witness is not allowed to
or hostile only if so declared by the court impeach his or her credibility.
upon adequate showing of his adverse
interest, unjustified reluctance to testify, or
his having misled the party into calling him
to the witness stand. A witness may be considered as
unwilling or hostile only if so declared

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by the court upon adequate showing of

his or her adverse interest, unjustified
The unwilling or hostile witness so reluctance to testify, or his or her having
declared, or the witness who is an adverse misled the party into calling him or her
party, may be impeached by the party to the witness stand.
presenting him in all respects as if he had
been called by the adverse party, except
by evidence of his bad character. He may
also be impeached and cross-examined by The unwilling or hostile witness so
the adverse party, but such cross- declared, or the witness who is an
examination must only be on the subject adverse party, may be impeached by
matter of his examination-in-chief. the party presenting him or her in all
respects as if he or she had been called
by the adverse party, except by
evidence of his or her bad character.

He or she may also be impeached and

cross examined by the adverse party,

but such cross examination must only
be on the subject matter of his or her

examination-in-chief.

Section 13. How Before a witness can be impeached by Now Section 14. Renumbered;
witness impeached evidence that he has made at other times Gender Inclusive
by evidence of statements inconsistent with his present
inconsistent testimony, the statements must be related
statements to him, with the circumstances of the times Before a witness can be impeached by
and places and the persons present, and evidence that he or she has made at
he must be asked whether he made such other times statements inconsistent with
statements, and if so, allowed to explain
them. If the statements be in writing they

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must be shown to the witness before any his or her present testimony, the
question is put to him concerning them. statements must be related to him or
her with the circumstances of the times
and places and the persons present,
and he or she must be asked whether
he or she made such statements, and if
so, allowed to explain them. If the
statements be in writing they must be
shown to the witness before any
question is put to him or her concerning
them.

Section 14. Evidence SECTION 14 on the Evidence of good Incorporated to

of good character of character of witness was incorporated another provision
witness. in Section 55 Rule 130. (deleted)

(Old Rule)

Section 15. Exclusion On any trial or hearing, the judge may The court, motu proprio or upon motion, Incorporated
and Separation of exclude from the court any witness not at shall order witnesses excluded so that developments in
witnesses the time under examination, so that he they cannot hear the testimony of other law
may not hear the testimony of other witnesses This rule does not authorize
witnesses. The judge may also cause exclusion of (a) a party who is a natural
witnesses to be kept separate and to be person, (b) a duly designated
prevented from conversing with one representative of a juridical entity which
another until all shall have been examined. is a party to the case, (c) a person
whose presence is essential to the
presentation of the party‘s cause and
(d) a person authorized by a statute to
be present.

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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.

Section 16. When A witness may be allowed to refresh his A witness may be allowed to refresh his Amendments
witness may refer to memory respecting a fact, by anything or her memory respecting a fact, by made to Section
memorandum written or recorded by himself or under his anything written or recorded by himself 16 of Rule 132
direction at the time when the fact or herself or under his or her direction at were for
occurred, or immediately thereafter, or at the time when the fact occurred, or GENDER
any other time when the fact was fresh in immediately thereafter, or at any other INCLUSIVENESS
his memory and knew that the same was time when the fact was fresh in his or
correctly written or recorded; but in such her memory and knew that the same
case the writing or record must be was correctly written or recorded; but in
produced and may be inspected by the such case the writing or record must be
adverse party, who may, if he chooses, produced and may be inspected by the
cross examine the witness upon it, and adverse party, who may, if he or she
may read it in evidence. So, also, a chooses, cross examine the witness
witness may testify from such writing or upon it, and may read it in evidence.
record, though he retain no recollection of So, also, a witness may testify from
the particular facts, if he is able to swear such writing or record, though he retain
that the writing or record correctly stated no recollection of the particular facts, if
the transaction when made; but such he or she is able to swear that the
evidence must be received with caution. writing or record correctly stated the
transaction when made; but such
evidence must be received with caution.

B. Authentication and For the purpose of their presentation For the purpose of their presentation Incorporated
Proof of Documents evidence, documents are either public or evidence, documents are either public developments in
private. or private. law

Section 19. Classes

of documents Public documents are: Public documents are:

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

(b) Documents acknowledge before a (b) Documents acknowledge before

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

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

All other writings are private.

(d) Public records, kept in the

Philippines, of private documents
required by law to the entered therein.

All other writings are private.

Section 20. Proof of Before any private document offered as Before any private document offered as Incorporated
Private Documents authentic is received in evidence, its due authentic is received in evidence, its developments in

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execution and authenticity must be proved due execution and authenticity must be law
either: proved by any of the following means:

(a) By anyone who saw the document (a) By anyone who saw the document
executed or written; or executed or written; or

(b) By evidence of the genuineness of the (b) By evidence of the genuineness of

signature or handwriting of the maker. the signature or handwriting of the
maker; or

Any other private document need only be

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

Section 22. How The handwriting of a person may be The handwriting of a person may be Gender Inclusive
genuineness of proved by any witness who believes it to proved by any witness who believes it
handwriting proved. be the handwriting of such person to be the handwriting of such person
because he has seen the person write, or because he or she has seen the person
has seen writing purporting to be his upon write, or has seen writing purporting to
which the witness has acted or been be his or her upon which the witness
charged, and has thus acquired has acted or been charged, and has
knowledge of the handwriting of such thus acquired knowledge of the
person. Evidence respecting the handwriting of such person. Evidence

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handwriting may also be given by a respecting the handwriting may also be

comparison, made by the witness or the given by a comparison, made by the
court, with writings admitted or treated as witness or the court, with writings
genuine by the party against whom the admitted or treated as genuine by the
evidence is offered, or proved to be party against whom the evidence is
genuine to the satisfaction of the judge. offered, or proved to be genuine to the
satisfaction of the judge.

Section 24. Proof The record of public documents referred to The record of public documents referred Gender Inclusive;
of official record. in paragraph (a) of Section 19, when to in paragraph (a) of Section 19, when Incorporated
admissible for any purpose, may be admissible for any purpose, may be developments in
evidenced by an official publication thereof evidenced by an official publication law
or by a copy attested by the officer having thereof or by a copy attested by the
the legal custody of the record, or by his officer having the legal custody of the
deputy, and accompanied, if the record is record, or by his or her deputy, and
not kept in the Philippines, with a accompanied, if the record is not kept in
certificate that such officer has the the Philippines, with a certificate that
custody. such officer has the custody.

If the office in which the record is kept is in If the office in which the record is kept
foreign country, the certificate may be
made by a secretary of the embassy or is in a foreign country, which is a
legation, consul general, consul, vice contracting party to a treaty or
consul, or consular agent or by any officer convention to which the Philippines is
in the foreign service of the Philippines also a party, or considered a public
stationed in the foreign country in which document under such treaty or
the record is kept, and authenticated by convention pursuant to paragraph (c) of
the seal of his office. 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.

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For documents originating from a

foreign country which is not a
contracting party to a treaty or
convention referred to in the next
preceding sentence, the certificate may
be made by a secretary of the embassy
or legation, consul general, consul, vice
consul, or consular agent or by any
officer in the foreign service of the
Philippines stationed in the foreign
country in which the record is kept, and
authenticated by the seal of his or her
office.

A document that is accompanied by a

certificate or its equivalent may be
presented in evidence without further
proof, the certificate or its equivalent
being prima facie evidence of the due

execution and genuineness of the

document involved The certificate shall

not be required when a treaty or

convention between a foreign country

and the Philippines has abolished the

requirement, or has exempted the
document itself from this formality.

Section 25. What Whenever a copy of a document or record Whenever a copy of a document or Gender Inclusive

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attestation of copy is attested for the purpose of evidence, the record is attested for the purpose of
must state. attestation must state, in substance, that evidence, the attestation must state, in
the copy is a correct copy of the original, substance, that the copy is a correct
or a specific part thereof, as the case may copy of the original, or a specific part
be. The attestation must be under the thereof, as the case may be. The
official seal of the attesting officer, if there attestation must be under the official
be any, or if he be the clerk of a court seal of the attesting officer, if there be
having a seal, under the seal of such any, or if he or she be the clerk of a
court. court having a seal, under the seal of
such court.

Section 28. Proof A written statement signed by an officer A written statement signed by an officer Gender Inclusive
of lack of record. having the custody of an official record or having the custody of an official record
by his deputy that after diligent search no or by his or her deputy that after diligent
record or entry of a specified tenor is found search no record or entry of a specified
to exist in the records of his office, tenor is found to exist in the records of
accompanied by a certificate as above his office, accompanied by a certificate
provided, is admissible as evidence that as above provided, is admissible as
the records of his office contain no such evidence that the records of his or her
record or entry. office contain no such record or entry.

Section 31. The party producing a document as The party producing a document as Gender Inclusive
genuine which has been altered and genuine which has been altered and
Alteration in appears to have been altered after its appears to have been altered after its
document, how to execution, in a part material to the execution, in a part material to the
explain. question in dispute, must account for the question in dispute, must account for
alteration. He may show that the alteration the alteration. He or she may show that
was made by another, without his the alteration was made by another,
concurrence, or was made with the without his or her concurrence, or was
consent of the parties affected by it, or was made with the consent of the parties
otherwise properly or innocent made, or affected by it, or was otherwise properly
that the alteration did not change the or innocent made, or that the alteration
meaning or language of the instrument. If did not change the meaning or
he fails to do that, the document shall not language of the instrument. If he or she
be admissible in evidence. fails to do that, the document shall not

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be admissible in evidence.

C. Offer and As regards the testimony of a witness, the All evidence must be offered orally. Incorporated
Objection offer must be made at the time the witness developments in
is called to testify. law

The offer of the testimony of a witness

Section 35. When to
make offer Documentary and object evidence shall be in evidence must be made at the time
offered after the presentation of a party's the witness is called to testify.
testimonial evidence. Such offer shall be
done orally unless allowed by the court to
be done in writing.
The offer of documentary and object
evidence shall be made after the
presentation of a party’s testimonial
evidence.

Section 36. Objection Objection to evidence offered orally must Objection to offer of evidence must be Incorporated
be made immediately after the offer is developments in
made. made orally immediately after the offer law
is made.

Objection to a question propounded in the

course of the oral examination of a witness Objection to the testimony of a witness
shall be made as soon as the grounds
therefor shall become reasonably for lack of a formal offer must be made
apparent. as soon as the witness begins to testify.

Objection to a question propounded in

the course of the oral examination of a
An offer of evidence in writing shall be witness must be made as soon as the
objected to within three (3) days after grounds therefor become reasonably

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notice of the unless a different period is apparent.

allowed by the court.

The grounds for the objections must be

specified.

Section 37. When When it becomes reasonably apparent in When it becomes reasonably apparent
repetition of objection the course of the examination of a witness in the course of the examination of a
unnecessary that the question being propounded are of witness that the question being
the same class as those to which objection propounded are of the same class as
has been made, whether such objection those to which objection has been
was sustained or overruled, it shall not be made, whether such objection was
necessary to repeat the objection, it being sustained or overruled, it shall not be
sufficient for the adverse party to record necessary to repeat the objection, it
his continuing objection to such class of being sufficient for the adverse party to
questions. record his or her continuing objection to
such class of questions.

Section 39. Striking Should a witness answer the question Should a witness answer the question Incorporated
out answer before the adverse party had the before the adverse party had the developments in
opportunity to voice fully its objection to opportunity to voice fully its objection to law
the same, and such objection is found to the same, or where a question is not
be meritorious, the court shall sustain the responsive, or where a witness testifies
objection and order the answer given to be without a question being posed or
stricken off the record. 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
On proper motion, the court may also meritorious, the court shall sustain the
order the striking out of answers which are objection and order such answer,
incompetent, irrelevant, or otherwise testimony or narration given to be
improper. stricken off the record.

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On proper motion, the court may also

order the striking out of answers which
are incompetent, irrelevant, or
otherwise improper.

Rule 133. Weight and In civil cases, the party having burden of In civil cases, the party having burden Gender inclusive
Sufficiency of proof must establish his case by a of proof must establish his or her case
Evidence preponderance of evidence. In determining by a preponderance of evidence. In
where the preponderance or superior determining where the preponderance
weight of evidence on the issues involved or superior weight of evidence on the
lies, the court may consider all the facts issues involved lies, the court may
and circumstances of the case, the consider all the facts and circumstances
witnesses' manner of testifying, their of the case, the witnesses' manner of
intelligence, their means and opportunity testifying, their intelligence, their means
of knowing the facts to which there are and opportunity of knowing the facts to
testifying, the nature of the facts to which which there are testifying, the nature of
they testify, the probability or improbability the facts to which they testify, the
of their testimony, their interest or want of probability or improbability of their
interest, and also their personal credibility testimony, their interest or want of
so far as the same may legitimately interest, and also their personal
appear upon the trial. The court may also credibility so far as the same may
consider the number of witnesses, though legitimately appear upon the trial. The
the preponderance is not necessarily with court may also consider the number of
the greater number. witnesses, though the preponderance is
not necessarily with the greater number.

Section 2. Proof In a criminal case, the accused is entitled In a criminal case, the accused is Gender inclusive
beyond reasonable to an acquittal, unless his guilt is shown entitled to an acquittal, unless his or her
doubt beyond reasonable doubt. Proof beyond guilt is shown beyond reasonable
reasonable doubt does not mean such a doubt. Proof beyond reasonable doubt
degree of proof, excluding possibility of does not mean such a degree of proof,
error, produces absolute certainly. Moral excluding possibility of error, produces
certainly only is required, or that degree of absolute certainly. Moral certainly only
proof which produces conviction in an is required, or that degree of proof
unprejudiced mind. which produces conviction in an

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unprejudiced mind.

Section 4. Circumstantial evidence is sufficient for Circumstantial evidence is sufficient for Incorporated
conviction if: conviction if: developments in
law

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

(b) The facts from which the inferences are

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

(c) The combination of all the

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

Inferences cannot be based on other

inferences.

Section 5. Weight to In any case where the opinion of an New Provision

be given opinion of expert witness is received in evidence,
expert witnesses, the court has a wide latitude of
how determined discretion in determining the weight to
be given to such pinion, and for that
purpose may consider the following:

(New Provision)

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EVIDENCE

a) Whether the opinion is based upon

sufficient facts or data;

b) Whether it is the product of reliable

principles and methods;

c) Whether the witness has applied the

principles and methods reliably to the
facts of the case; and

d) Such other factors as the court may

deem helpful to make such
determination.

Section 5. In cases filed before administrative or Now Section 6. Renumbered

Substantial Evidence quasi-judicial bodies, a fact may be
deemed established if it is supported by
substantial evidence, or that amount of
relevant evidence which a reasonable
(Old Rules) mind might accept as adequate to justify a
conclusion.

Section 6. Power of The court may stop the introduction of Now Section 7. Renumbered;
the court to stop further testimony upon any particular point Gender Inclusive
further evidence when the evidence upon it is already so
full that more witnesses to the same point
cannot be reasonably expected to be The court may stop the introduction of
additionally persuasive. But this power further testimony upon any particular

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(Old Rules) should be exercised with caution. point when the evidence upon it is
already so full that more witnesses to
the same point cannot be reasonably
expected to be additionally persuasive.
But this power shall be exercised with
caution.

Section 7. Evidence When a motion is based on facts not Now Section 8. Renumbered
on motion appearing of record the court may hear the
matter on affidavits or depositions
presented by the respective parties, but
the court may direct that the matter be
(Old Rules) heard wholly or partly on oral testimony or
depositions.

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