Matrix of Amendments To The Rules On Evidence 1
Matrix of Amendments To The Rules On Evidence 1
Matrix of Amendments To The Rules On Evidence 1
Rule
The new Rules changed the concept of documentary evidence. Under the old
Rules, there are evidence which are considered object evidence because
they are addressed to the senses of the court; like recordings, photographs
or sound. Under the new rule, they are classified as documentary evidence.
Thus, under the new formulation, “documentary as evidence consist of of
writings, recordings, photographs or any material containing letters,
words, sounds, numbers, figures, symbols, or their equivalent, or other
modes of written expression offered as proof of their contents.
Photographs include still pictures, drawings, stored images, x-ray films,
motion pictures or videos.”
Documentary evidence under the New
Rules now includes:
Recordings
• Photographs include still pictures,
Photographs drawings, stored images, x-ray
films, motion pictures or videos.
Sounds
RULE 130: Rules of Admissibility
B. Documentary evidence
Section 3. Original document must be produced; exceptions
OLD RULES 2019 AMENDMENT
(c) When the original consists of numerous (c) When the original consists of numerous
accounts or other documents which cannot be accounts or other documents which cannot be
examined in court without great loss of time and examined in court without great loss of time and
the fact sought to be established from them is the fact sought to be established from them is only
only the general result of the whole; and the general result of the whole;
(d) When the original is a public record in the
(d) When the original is a public record in the custody of a public officer or is recorded in a public
custody of a public officer or is recorded in a office; and
public office. (e) When the original is not closely-related to a
controlling issue.
Exceptions to Original Document Rule
Section 3, Rule 130
(a) When the original is lost or destroyed, or cannot be
produced in court, without bad faith on the part of the
offeror;
(b)When the original is in the custody or under the control
of the party against whom the evidence is offered, and the
latter fails to produce it after reasonable notice, or the
original cannot be obtained by local judicial processes or
procedures;
Exceptions to Original Document Rule
Section 3, Rule 130
(c) When the original consists of numerous accounts or
other documents 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;
(d) When the original is a public record in the custody of a
public officer or is recorded in a public office; and
(e) When the original is not closely-related to a controlling
issue.
RULE 130: Rules of Admissibility
B. Documentary Evidence
Section 4. Original of document
OLD RULES 2019 AMENDMENT
(a) An “original” of a document is the document itself or any
counterpart intended to have the same effect by a person
(a) The original of the document is one the contents executing or issuing it. An “original” of a photograph includes
the negative or any print therefrom. If data is stored in a
of which are the subject of inquiry. computer or similar device, any printout or other output
readable by sight or other means, shown to reflect the data
(b) When a document is in two or more copies accurately, is an “original.”
executed at or about the same time, with identical (b) A “duplicate” is a counterpart produced by the same
contents, all such copies are equally regarded as impression as the original, or from the same matrix, or by
means of photography, including enlargements and
originals. miniatures, or by mechanical or electronic re-recording, or by
chemical reproduction, or by other equivalent techniques
(c) When an entry is repeated in the regular course which accurately reproduce the original.
of business, one being copied from another at or (c) A duplicate is admissible to the same extent as an original
near the time of the transaction, all the entries are unless (1) a genuine question is raised as to the authenticity
of the original, or (2) in the circumstances, it is unjust or
likewise equally regarded as originals. inequitable to admit the duplicate in lieu of the original.
Original Document under the New Rules
Section 4, Rule 130
(a) An “original” of a document is the document itself or any counterpart intended to have the
same effect by a person executing or issuing it. An “original” of a photograph includes the
negative or any print therefrom. If data is stored in a computer or similar device, any printout or
other output readable by sight or other means, shown to reflect the data accurately, is an
“original.”
(b) A “duplicate” is a counterpart produced by the same impression as the original, or from the
same matrix, or by means of photography, including enlargements and miniatures, or by
mechanical or electronic re-recording, or by chemical reproduction, or by other equivalent
techniques which accurately reproduce the original.
(c) A duplicate is admissible to the same extent as an original unless (1) a genuine question is
raised as to the authenticity of the original, or (2) in the circumstances, it is unjust or inequitable
to admit the duplicate in lieu of the original.
RULE 130: Rules of Admissibility
B. Documentary Evidence
Section 5. When original document is unavailable
OLD RULES 2019 AMENDMENT
Section 5. When original document is Section 5. When original document is
unavailable. When the original document unavailable. When the original document
has been lost or destroyed, or cannot be has been lost or destroyed, or cannot be
produced in court, the offeror, upon proof produced in court, the offeror, upon proof
of its execution or existence and the cause of its execution or existence and the cause
of its unavailability without bad faith on of its unavailability without bad faith on his
his part, may prove its contents by a copy, or her part, may prove its contents by a
or by a recital of its contents in some copy, or by recital of its contents in some
authentic document, or by the testimony authentic document, or by the testimony
of witnesses in the order stated. of witnesses in the order stated.
How do you present secondary
evidence when the original is
unavailable?
1. The offeror must prove its due existence and
execution
1. By a copy.
Section 8. Party who calls for Section 9. Party who calls for
document not bound to offer it. — A document not bound to offer it. — A
party who calls for the production of party who calls for the production of
a document and inspects the same is a document and inspects the same is
not obliged to offer it as evidence. not obliged to offer it as evidence.
RULE 130: Rules of Admissibility
C. Parol Evidence
Section 10; Evidence of written agreements
OLD RULES 2019 AMENDMENT
Section 9. Evidence of written agreements. — When the terms of an Section 10. Evidence of written agreements. — When the terms of an
agreement have been reduced to writing, it is considered as containing agreement have been reduced to writing, it is considered as
all the terms agreed upon and there can be, between the parties and containing all the terms agreed upon and there can be, as between
their successors in interest, no evidence of such terms other than the the parties and their successors in interest, no evidence of such
contents of the written agreement. terms other than the contents of the written agreement.
However, a party may present evidence to modify, explain or add to However, a party may present evidence to modify, explain or add to
the terms of written agreement if he puts in issue in his pleading: the terms of written agreement if he or she puts in issue in a verified
pleading:
(a) an intrinsic ambiguity, mistake or imperfection in the written
agreement;
(a) an intrinsic ambiguity, mistake or imperfection in the written
agreement;
(b) the failure of the written agreement to express the true intent and (b) the failure of the written agreement to express the true intent
agreement of the parties thereto;
and agreement of the parties thereto;
(c) the validity of the written agreement; or (c) the validity of the written agreement; or
(d) the existence of other terms agreed to by the parties or their (d) the existence of other terms agreed to by the parties or their
successors in interest after the execution of the written agreement. successors in interest after the execution of the written agreement.
The term “agreement” includes wills. The term “agreement” includes wills.
What is parole evidence rule?
Yes.
Alvarez vs. Ramirez, 473 SCRA
72.
RULE 130: Rules of Admissibility
C. Testimonial evidence
1. Qualification of witness
OLD RULES 2019 AMENDMENT
Section 23. Disqualification by reason of death or
insanity of adverse party. — Parties or assignor of
parties to a case, or persons in whose behalf a
case is prosecuted, against an executor or This was deleted already
administrator or other representative of a
deceased person, or against a person of unsound The “DEAD MAN STATUTE” is dead.
mind, upon a claim or demand against the estate
It is now allowed as an exception to the hearsay
of such deceased person or against such person
of unsound mind, cannot testify as to any matter rule under Section 39, Rule 130.
of fact occurring before the death of such
deceased person or before such person became
of unsound mind.
RULE 130: Rules of Admissibility
C. Testimonial evidence
1. Qualification of witness
SECTION 24; Disqualification by reason of privileged communications.
OLD RULES 2019 AMENDMENT
Sec. 24. Disqualification by reason of privileged Sec. 24. Disqualification by reason of privileged
communication. — The following persons cannot communications. – The following persons cannot
testify as to matters learned in confidence in the testify as to matters learned in confidence in the
following cases: following cases:
(a) The husband or the wife, during or after the (a) The husband or the wife, during or after the
marriage, cannot be examined without the marriage, cannot be examined without the
consent of the other as to any communication consent of the other as to any communication
received in confidence by one from the other received in confidence by one from the other
during the marriage except in a civil case by one during the marriage except in a civil case by one
against the other, or in a criminal case for a crime against the other, or in a criminal case for a crime
committed by one against the other or the committed by one against the other or the
latter's direct descendants or ascendants; latter’s direct descendants or ascendants.
Disqualification by Reason of Privilege Communication
1. Husband and Wife
Other persons
assisting the attorney
What are matters covered by the privilege?
acquired in attending such patient in a professional (a) A person licensed to practice medicine engaged in the diagnosis or
treatment of a mental or emotional condition, or
capacity, which information was necessary to enable
(b) A person licensed as a psychologist by the government while similarly
him to act in capacity, and which would blacken the engaged.
reputation of the patient;
Disqualification by Reason of Privilege Communication
3. Doctor and Patient
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. (Section 24(c), Rule 130).
Who are covered by the privilege?
1. A physician,
2. Psychotherapist
3. Person reasonably believed by the patient to be authorized to
practice medicine or psychotherapy
4. 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. (Section 24(c), Rule
130).
Who is a “psychotherapist”?
A“psychotherapist” is:
(a) A person licensed to practice medicine
engaged in the diagnosis or treatment of a
mental or emotional condition, or
(b) A person licensed as a psychologist by the
government while similarly engaged.
(Section 24(c), Rule 130).
What matters are considered privilege?
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. (Section 24(c), Rule 130).
Problem
In a Guardianship proceedings, the oppositor filed a motion to have the
subject of petition be examined by a psychiatrist to determine his mental
capacity. The motion was granted by the Court. The subject of petition was
examined. After the examination, the party examined requested for the
result of the examination. The requesting party also requested from the
party examined, the result of the report.
During the proceedings, the requesting party called to the witness stand the
psychiatrist to testify on the examination conducted. The party examined
objected on the ground of doctor-patient privilege?
Rule on the objection.
Answer
Objection overruled.
By requesting and obtaining a report of the examination so
ordered or by taking the deposition of the examiner, the party
examined waives any privilege he may have in that action or
any other involving the same controversy, regarding the
testimony of every other person who has examined or may
thereafter examine him in respect of the same mental or
physical examination (Section 4, Rule 28).
Please take note:
In an action in which the mental or physical
condition of a party is in controversy, the court
in which the action is pending may in its
discretion order him to submit to a physical or
mental examination by a physician (Section 1,
Rule 28).
Problem
In the prosecution for adultery filed by the Husband against
the wife, the prosecution called to the witness stand the
OBGyne who examined the Wife to testify that she was the
one who attended the giving birth of the Wife. The husband
is impossible to sire a child with the Wife as he is impotent.
The wife objected on the ground of doctor-patient privilege.
Rule on the objection.
Answer
xxx xxx
(d) A minister, priest or person reasonably believed
(d) A minister or priest cannot, without the to be so cannot, without the consent of the
consent of the person making the confession, be affected person, be examined as to any
examined as to any confession made to or any communication or confession made to or any
advice given by him in his professional character advice given by him or her, in his or her professional
in the course of discipline enjoined by the church character, in the course of discipline enjoined by the
to which the minister or priest belongs; church to which the minister or priest belongs.
Disqualification by Reason of Privilege Communication
4. Priest and Penitent
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. (Section 24(d), Rule 130).
Who are covered by the privilege?
1. A minister
2. Priest
3. Person reasonably believed to be so
(Section 24(d), Rule 130).
What mattes are considered privilege?
Sec. 24. Disqualification by reason of privileged Sec. 24. Disqualification by reason of privileged
communications. – The following persons cannot testify as
communication. — The following persons cannot to matters learned in confidence in the following cases:
testify as to matters learned in confidence in the
following cases: xxx
(e) A public officer cannot be examined during or after his
xxx or her tenure as to communications made to him or her in
official confidence, when the court finds that the public
(e) A public officer cannot be examined during his
interest would suffer by the disclosure.
term of office or afterwards, as to
communications made to him in official The communication shall remain privileged, even in the
hands of a third person who may have obtained the
confidence, when the court finds that the public information, provided that the original parties to the
interest would suffer by the disclosure. (21a) communication took reasonable precaution to protect its
confidentiality. (24a)
Disqualification by Reason of Privilege Communication
5. Public Officer
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. (Section 24(e), Rule
130).
Who and what is covered by the privilege?
Spontaneous
2. A statement was made while the event is taking place, or immediately prior or
subsequent thereto.
3. The statement was made before the declarant had time to contrive or devise
falsehood.
(b) A handwriting with which he has sufficient (b) A handwriting with which he or she has
familiarity; and sufficient familiarity; and
(c) The mental sanity of a person with whom he
(c) The mental sanity of a person with whom he is or she is sufficiently acquainted.
sufficiently acquainted.
The witness may also testify on his or her impressions of
The witness may also testify on his impressions of the
the emotion, behavior, condition or appearance of a
motion, behavior, condition or appearance of a person. person.
RULE 130: Rules of Admissibility
C. Testimonial evidence
8. Character Evidence
Section 54; Character Evidence Not Generally Admissible; Exceptions.
OLD RULES 2019 AMENDMENT
Sec. 51. Character evidence not Sec. 54. Character Evidence Not
generally admissible; exceptions. – Generally Admissible; Exceptions. —
Evidence of a person's character or a
trait of character is not admissible for
the purpose of proving action in
conformity therewith on a particular
occasion, except:
RULE 130: Rules of Admissibility
C. Testimonial evidence
8. Character Evidence
Section 54; Character Evidence Not Generally Admissible; Exceptions.
OLD RULES 2019 AMENDMENT
(a) In Criminal Cases: (a) In Criminal Cases:
1) The accused may prove his good moral character 1) The character of the offended party may
which is pertinent to the moral trait involved in the be proved if it tends to establish in any
offense charged. reasonable degree the probability or
2) Unless in rebuttal, the prosecution may not improbability of the offense charged.
prove his bad moral character which is pertinent 2) The accused may prove his or her good
to the moral trait involved in the offense charged. moral character, pertinent to the moral trait
3) The good or bad moral character of the involved in the offense charged. However, the
offended party may be proved if it tends to establish prosecution may not prove his or her bad moral
in any reasonable degree the probability character unless on rebuttal.
or improbability of the offense charged.
RULE 130: Rules of Admissibility
C. Testimonial evidence
8. Character Evidence
Section 54; Character Evidence Not Generally Admissible; Exceptions.
In civil cases, it is a basic rule that the party making allegations has the
burden of proving them by preponderance of evidence. By
preponderance of evidence is meant that evidence adduced by one side
is, as a whole, superior to that of the other side (NFF Industrial
Corporation vs. G& L Brokerage, January 12, 2015).
other, shall prove the same; in the other, shall prove the same; in the
absence of proof, they shall be absence of proof, they shall be
considered to have died at the same considered to have died at the same
time. (5a) time. (5a)
RULE 131: Burden of Proof, Burden of
Evidence and Presumptions
Section 4; No Presumption of Legitimacy
OLD RULES 2019 AMENDMENT
Section 4. No presumption of legitimacy Section 4. No presumption of
or illegitimacy . — There is no legitimacy or illegitimacy. — There is no
presumption of legitimacy of a child presumption of legitimacy or
born after three hundred days following illegitimacy of a child born after three
the dissolution of the marriage or the hundred days following the dissolution
separation of the spouses. Whoever of the marriage or the separation of the
alleges the legitimacy or illegitimacy of spouses. Whoever alleges the
such child must prove his allegation legitimacy or illegitimacy of such child
must prove his or her allegation
RULE 131: Burden of Proof, Burden of
Evidence and Presumptions
Section 5; Presumptions in Civil Actions and Proceedings
OLD RULES 2019 AMENDMENT
Section 5. Presumptions in Civil Actions and
Proceedings. — In all civil actions and
proceedings not otherwise provided for by the
No comparable provision under the old rule law or these Rules, a presumption imposes on
the party against whom it is directed the burden
of going forward with evidence to rebut or meet
the presumption.
If presumptions are inconsistent, the
presumption that is founded upon weightier
considerations of policy shall apply. If
considerations of policy are of equal weight,
neither presumption applies.
What is the effect of presumption?
A party in whose favor the legal presumption
exists may rely on and invoke such legal
presumption to establish a fact in issue. One
need not introduced evidence to prove the fact
for a presumption is prima facie proof of the
fact presumed (Diesel Construction vs. UPSI
Property, 549 SCRA 12)
RULE 131: Burden of Proof, Burden of
Evidence and Presumptions
Section 6; Presumption agaisnt an Accused in Criminal Cases
OLD RULES 2019 AMENDMENT
Section 6. Presumption against
an
No comparable provision under the old rule Accused in Criminal Cases. — If a
presumed fact that establishes guilt, is
an element of the offense charged, or
negates a defense, the existence of the
basic fact must be proved beyond
reasonable doubt and the presumed
fact follows from the basic fact beyond
reasonable doubt.
RULE 131: Burden of Proof, Burden of
Evidence and Presumptions
Section 6; Presumption agaisnt an Accused in Criminal Cases
The provision simply means that if the presumed fact is an element of crime, the fact from
which the presumed fact was derived and the intimate connection between the two must be
proved beyond reasonable doubt.
Example: BP 22. on of the elements is: The knowledge of the maker, drawer, or issuer that at
the time of issue he does not have sufficient funds in or credit with the drawee bank for the
payment of such check in full upon its presentment.
What is evidence of knowledge of insufficiency of funds? The making, drawing and issuance of a
check payment of which is refused by the drawee because of insufficient funds in or credit with
such bank, when presented within ninety (90) days from the date of the check, shall be prima
facie evidence of knowledge of such insufficiency of funds or credit unless such maker or drawer
pays the holder thereof the amount due thereon, or makes arrangements for payment in full by
the drawee of such check within (5) banking days after receiving notice that such check has not
been paid by the drawee.
RULE 131: Burden of Proof, Burden of
Evidence and Presumptions
Section 6; Presumption agaisnt an Accused in Criminal Cases
Therefore, under Section 6, Rule 130, the prosecution must
prove beyond reasonable doubt the fact that the accused
made, drew and issued of a check payment of which is refused
by the drawee because of insufficient funds in or credit with
such bank, when presented within ninety (90) days from the
date of the check and the accused did not pay the same or
make arrangements for payment in full by the drawee of such
check within (5) banking days after receiving notice that such
check has not been paid by the drawee.
RULE 131: Burden of Proof, Burden of
Evidence and Presumptions
Section 6; Presumption agaisnt an Accused in Criminal Cases
Another example: Estafa, through misappropriation under Article
315 par. 1(b).
The failure to return upon demand the properties which one has
the duty to return is tantamount to appropriating the same for
his own personal use.
The fact that accused failed to return the property upon demand
must be proved by proof beyond reasonable doubt because it is
the basis fact from which the fact presumed is derived.
RULE 132: Presentation of Evidence
A. Examination of Witness
Section 1; Examination to be Done in Open Court
OLD RULES 2019 AMENDMENT
Section 1. Examination to be done in Section 1. Examination to be done in
open court. — The examination of open court. — The examination of
witnesses presented in a trial or witnesses presented in a trial or
hearing shall be done in open court, hearing shall be done in open court,
and under oath or affirmation. Unless and under oath or affirmation. Unless
the witness is incapacitated to speak, or the witness is incapacitated to speak, or
the questions calls for a different mode the questions calls for a different mode
of answer, the answers of the witness of answer, the answers of the witness
shall be given orally. shall be given orally.
RULE 132: Presentation of Evidence
A. Examination of Witness
Section 2; Proceedings to be recorded
OLD RULES 2019 AMENDMENT
Section 2. Proceedings to be recorded. — The entire Section 2. Proceedings to be recorded. — The entire
proceedings of a trial or hearing, including the proceedings of a trial or hearing, including the
questions propounded to a witness and his answers questions propounded to a witness and his or her
thereto, the statements made by the judge or any of answers thereto, the statements made by the judge
the parties, counsel, or witnesses with reference to or any of the parties, counsel, or witnesses with
the case, shall be recorded by means of shorthand or reference to the case, shall be recorded by means of
stenotype or by other means of recording found shorthand or stenotype or by other means of
suitable by the court. recording found suitable by the court.
A transcript of the record of the proceedings made by A transcript of the record of the proceedings made by
the official stenographer, stenotypist or recorder and the official stenographer, stenotypist or recorder and
certified as correct by him shall be deemed prima certified as correct by him or her shall be deemed
facie a correct statement of such proceedings. prima facie a correct statement of such proceedings.
RULE 132: Presentation of Evidence
A. Examination of Witness
Section 3; Rights and Obligation of a Witness
OLD RULES 2019 AMENDMENT
Section 3. Rights and obligations of a witness. — A witness must Section 3. Rights and obligations of a witness. — A witness must answer
answer questions, although his answer may tend to establish a claim questions, although his or her answer may tend to establish a claim against
against him. However, it is the right of a witness: him or her. However, it is the right of a witness:
(1) To be protected from irrelevant, improper, or insulting (1) To be protected from irrelevant, improper, or insulting questions, and
questions, and from harsh or insulting demeanor; from harsh or insulting demeanor;
(e) Of a witness who is an adverse party or an officer, director, (e) Of a witness who is an adverse party or an officer, director,
or managing agent of a public or private corporation or of a or managing agent of a public or private corporation or of a
partnership or association which is an adverse party. partnership or association which is an adverse party.
A misleading question is one which assumes as true a fact not yet A misleading question is one which assumes as true a fact not yet
testified to by the witness, or contrary to that which he has previously testified to by the witness, or contrary to that which he or she has
stated. It is not allowed. previously stated. It is not allowed.
RULE 132: Presentation of Evidence
A. Examination of Witness
Section 11; Impeachment of adverse party’s witness
OLD RULES 2019 AMENDMENT
Section 11, Rule 132. Impeachment of adverse Section 11, Rule 132. Impeachment of adverse
party's witness. — A witness may be impeached party's witness. — A witness may be impeached
by the party against whom he was called, by by the party against whom he or she was called,
contradictory evidence, by evidence that his by contradictory evidence, by evidence that his
general reputation for truth, honesty, or or her general reputation for truth, honesty, or
integrity is bad, or by evidence that he has made integrity is bad, or by evidence that he or she
at other times statements inconsistent with his has made at other times statements inconsistent
present testimony, but not by evidence of with his or her present testimony, but not by
particular wrongful acts, except that it may be evidence of particular wrongful acts, except that
shown by the examination of the witness, or the it may be shown by the examination of the
record of the judgment, that he has been witness, or the record of the judgment, that he
convicted of an offense. or she has been convicted of an offense.
RULE 132: Presentation of Evidence
A. Examination of Witness
Section 12; Impeachment by Evidence of Conviction of Crime
OLD RULES 2019 AMENDMENT
Section 12. Impeachment by Evidence of
Conviction of Crime. — For the purpose of
impeaching a witness, evidence that he or she
(No comparable provision under the old rule) has been convicted by final judgment of a 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 penalty.
However, evidence of a conviction is not
admissible if the conviction has been the subject
of an amnesty or annulment of conviction.
RULE 132: Presentation of Evidence
A. Examination of Witness
Section 12; Impeachment by Evidence of Conviction of Crime
Under the New Rule, a witness my now be impeached
evidence that he or she has been convicted by final
judgment of a 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
penalty.
However, if the witness was given absolute pardon or
amnesty, his or her conviction cannot be used to impeach
him or her.
RULE 132: Presentation of Evidence
A. Examination of Witness
Section 12; Party May Not Impeach His or Her Own Witness.
OLD RULES 2019 AMENDMENT
Section 12. Party may not impeach his own witness. — Except Section 13. Party May Not Impeach His or Her Own Witness. —
with respect to witnesses referred to in paragraphs (d) and (e) of Except with respect to witnesses referred to in paragraphs (d) and
Section 10, the party producing a witness is not allowed to (e) of Section 10 of this Rule , the party presenting the witness is
impeach his credibility. not allowed to impeach his or her credibility.
A witness may be considered as unwilling or hostile only if so
declared by the court upon adequate showing of his adverse A witness may be considered as unwilling or hostile only if so
declared by the court upon adequate showing of his or her adverse
interest, unjustified reluctance to testify, or his having misled
interest, unjustified reluctance to testify, or his or her having misled
the party into calling him to the witness stand.
the party into calling him or her to the witness stand.
The unwilling or hostile witness so declared, or the witness who The unwilling or hostile witness so declared, or the witness who is
is an adverse party, may be impeached by the party presenting an adverse party, may be impeached by the party presenting him
him in all respects as if he had been called by the adverse party, or her in all respects as if he or she had been called by the adverse
except by evidence of his bad character. He may also be party, except by evidence of his or her bad character. He or she
impeached and cross-examined by the adverse party, but such may also be impeached and cross-examined by the adverse party,
cross-examination must only be on the subject matter of his but such cross-examination must only be on the subject matter of
examination-in-chief. his or her examination-in-chief.
RULE 132: Presentation of Evidence
A. Examination of Witness
Section 14; How Witness Impeached by Evidence of Inconsistent
Statements.
OLD RULES 2019 AMENDMENT
Section 13. How witness impeached by evidence Section 14. How Witness Impeached by Evidence
of inconsistent statements. — Before a witness of Inconsistent Statements. — Before a witness can
can be impeached by evidence that he has made be impeached by evidence that he or she has
at other times statements inconsistent with his made at other times statements inconsistent with
present testimony, the statements must be his or her present testimony, the statements must
related to him, with the circumstances of the be related to him or her, with the circumstances of
times and places and the persons present, and he the times and places and the persons present, and
must be asked whether he made such he or she must be asked whether he or she made
statements, and if so, allowed to explain them. If such statements, and if so, allowed to explain
the statements be in writing they must be shown them. If the statements be in writing they must be
to the witness before any question is put to him shown to the witness before any question is put to
concerning them. him or her concerning them.
RULE 132: Presentation of Evidence
A. Examination of Witness
Section 15; Exclusion and separation of witnesses
OLD RULES 2019 AMENDMENT
Section 15. Exclusion and separation of witnesses. Section 15. Exclusion and Separation of Witnesses. – The
court, motu proprio, or upon motion, shall order
— On any trial or hearing, the judge may exclude witnesses excluded so that they cannot hear the
from the court any witness not at the time under testimony of other witnesses. This rule does not
examination, so that he may not hear the authorize exclusion of (a) a party who is a natural
testimony of other witnesses. The judge may also person, (b) a duly designated representative of a
cause witnesses to be kept separate and to be juridical entity which is a party to the case, (c) a person
prevented from conversing with one another whose presence is essential to the presentation of the
until all shall have been examined. party’s cause, or (d) a person authorized by a statute to
be present.
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.
RULE 132: Presentation of Evidence
A. Examination of Witness
Section 15; Exclusion and separation of witnesses
This section gives instances where the Court cannot exclude
a witness. They are as follows:
(a) a party who is a natural person,
(b) a duly designated representative of a juridical
entity which is a party to the case,
(c) a person whose presence is essential to the presentation
of the party’s cause, or
(d) a person authorized by a statute to be present.
RULE 132: Presentation of Evidence
A. Examination of Witness
Section 15; When witness may refer to memorandum.
OLD RULES 2019 AMENDMENT
Section 16. When witness may refer to memorandum. — A Section 16. When Witness May Refer to Memorandum. — A
witness may be allowed to refresh his memory respecting witness may be allowed to refresh his or her memory
a fact, by anything written or recorded by himself or under respecting a fact, by anything written or recorded by himself
his direction at the time when the fact occurred, or or herself, or under his or her direction at the time when the
immediately thereafter, or at any other time when the fact fact occurred, or immediately thereafter, or at any other time
was fresh in his memory and knew that the same was when the fact was fresh in his or her memory and he or she
correctly written or recorded; but in such case the writing knew that the same was correctly written or recorded; but in
such case the writing or record must be produced and may be
or record must be produced and may be inspected by the
inspected by the adverse party, who may, if he or she
adverse party, who may, if he chooses, cross examine the chooses, cross examine the witness upon it, and may read it in
witness upon it, and may read it in evidence. So, also, a evidence. A witness may also testify from such writing or
witness may testify from such writing or record, though he record, though he or she retains no recollection of the
retain no recollection of the particular facts, if he is able to particular facts, if he or she is able to swear that the writing or
swear that the writing or record correctly stated the record correctly stated the transaction when made; but such
transaction when made; but such evidence must be evidence must be received with caution.
received with caution.
RULE 132: Presentation of Evidence
A. Examination of Witness
Section 17; When part of transaction, writing or record given in evidence,
the remainder, the remainder admissible.
OLD RULES 2019 AMENDMENT
Section 17. When part of transaction, writing or Section 17. When part of transaction, writing or
record given in evidence, the remainder, the record given in evidence, the remainder, the
remainder admissible. — When part of an act, remainder admissible. — When part of an act,
declaration, conversation, writing or record is declaration, conversation, writing or record is
given in evidence by one party, the whole of the given in evidence by one party, the whole of the
same subject may be inquired into by the other, same subject may be inquired into by the other,
and when a detached act, declaration, and when a detached act, declaration,
conversation, writing or record is given in conversation, writing or record is given in
evidence, any other act, declaration, evidence, any other act, declaration,
conversation, writing or record necessary to its conversation, writing or record necessary to its
understanding may also be given in evidence. understanding may also be given in evidence.
RULE 132: Presentation of Evidence
A. Examination of Witness
Section 18; Right to respect writing shown to witness.
Section 39. Striking out answer. — Should a Section 39. Striking out answer. — Should a witness
answer the question before the adverse party had the
witness answer the question before the adverse opportunity to voice fully its objection to the same, or
party had the opportunity to voice fully its where a question is not objectionable, but the aswer is
objection to the same, and such objection is not responsive, or where a witness testifies without a
found to be meritorious, the court shall sustain question being posed or testifies beyond limits set by
the objection and order the answer given to be the court, or when the witness does a narration instead
stricken off the record. of answering the question, and such objection is found
to be meritorious, the court shall sustain the objection
On proper motion, the court may also order the and order such answer, testimony or narration to be
striking out of answers which are incompetent, stricken off the record.
irrelevant, or otherwise improper. On proper motion, the court may also order the striking
out of answers which are incompetent, irrelevant, or
otherwise improper.
RULE 132: Presentation of Evidence
C. Offer of evidence
Section 39; Striking out answer.
The amendment spelled out the instances when the Court can
strike out answer:
1. Answer is not responsive.
2. When a witness testified without a question.
3. When a witness testified beyond the limits set by the court.
4. When a witness did a narration.
5. When a witness answered to an otherwise objectionable
question before the adverse had the opportunity to voice fully his
objection.
RULE 132: Presentation of Evidence
C. Offer of evidence
Section 40; Tender of excluded evidence.
OLD RULES 2019 AMENDMENT
Section 40. Tender of excluded Section 40. Tender of excluded evidence.
evidence. — If documents or things — If documents or things offered in
offered in evidence are excluded by the evidence are excluded by the court, the
court, the offeror may have the same offeror may have the same attached to
attached to or made part of the record. or made part of the record. If the
If the evidence excluded is oral, the evidence excluded is oral, the offeror
offeror may state for the record the may state for the record the name and
name and other personal other personal circumstances of the
circumstances of the witness and the witness and the substance of the
substance of the proposed testimony. proposed testimony.
RULE 133: Weight and Sufficiency of Evidence
SECTION 1; Preponderance of evidence, how taken
OLD RULES 2019 AMENDMENT
Section 1. Preponderance of evidence, how determined. — Section 1. Preponderance of evidence, how determined. —
In civil cases, the party having burden of proof must In civil cases, the party having the burden of proof must
establish his case by a preponderance of evidence. In establish his or her case by a preponderance of evidence.
determining where the preponderance or superior weight In determining where the preponderance or superior
of evidence on the issues involved lies, the court may weight of evidence on the issues involved lies, the court
consider all the facts and circumstances of the case, the may consider all the facts and circumstances of the case,
witnesses' manner of testifying, their intelligence, their the witnesses' manner of testifying, their intelligence,
means and opportunity of knowing the facts to which their means and opportunity of knowing the facts to which
there are testifying, the nature of the facts to which they there are testifying, the nature of the facts to which they
testify, the probability or improbability of their testimony, testify, the probability or improbability of their testimony,
their interest or want of interest, and also their personal their interest or want of interest, and also their personal
credibility so far as the same may legitimately appear credibility so far as the same may legitimately appear
upon the trial. The court may also consider the number of upon the trial. The court may also consider the number of
witnesses, though the preponderance is not necessarily witnesses, though the preponderance is not necessarily
with the greater number. with the greater number.
RULE 133: Weight and Sufficiency of Evidence
Section 2; Proof beyond reasonable doubt
OLD RULES 2019 AMENDMENT
Section 2. Proof beyond reasonable doubt. Section 2. Proof beyond reasonable doubt.
— In a criminal case, the accused is entitled — In a criminal case, the accused is entitled
to an acquittal, unless his guilt is shown to an acquittal, unless his or her guilt is
beyond reasonable doubt. Proof beyond shown beyond reasonable doubt. Proof
reasonable doubt does not mean such a beyond reasonable doubt does not mean
degree of proof, excluding possibility of such a degree of proof, excluding possibility
error, produces absolute certainly. Moral of error, produces absolute certainly. Moral
certainly only is required, or that degree of certainly only is required, or that degree of
proof which produces conviction in an proof which produces conviction in an
unprejudiced mind. unprejudiced mind.
RULE 133: Weight and Sufficiency of Evidence
Section 3; Extrajudicial confession, not sufficient
ground for conviction.
OLD RULES 2019 AMENDMENT
Section 3. Extrajudicial confession, Section 3. Extrajudicial confession,
not sufficient ground for conviction. not sufficient ground for conviction.
— An extrajudicial confession made — An extrajudicial confession made
by an accused, shall not be sufficient by an accused, shall not be sufficient
ground for conviction, unless ground for conviction, unless
corroborated by evidence of corpus corroborated by evidence of corpus
delicti. delicti.
RULE 133: Weight and Sufficiency of Evidence
Section 4; Circumstantial evidence
OLD RULES 2019 AMENDMENT
No comparable provision under the old rule. (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
RULE 133: Weight and Sufficiency of Evidence
Section 5; Weight to be given to expert witness, how determined .
Under the old Rule, Judges do not have standards of how to give weight
to the opinion of an expert witness.
Judges can consider the following:
(a) Whether the opinion is based upon sufficient facts or data;
(b) Whether it is the product of reliable principles and methods;
(c) Whether the witness has applied the principles and methods reliably to
the facts of the case; and
(d) Such other factors as the court may deem helpful to make such
determination.
RULE 133: Weight and Sufficiency of Evidence
Section 6; Substantial evidence
Section 2. Contents of petition. — The petition shall be entitled in the Section 2. Contents of petition. — The petition shall be entitled in the
name of the petitioner and shall show: name of the petitioner and shall show:
(a) that the petitioner expects to be a party to an action in a court (a) that the petitioner expects to be a party to an action in a court
of the Philippines by is presently unable to bring it or cause it to be of the Philippines by is presently unable to bring it or cause it to be
brought; brought;
(b) the subject matter of the expected action and his interest (b) the subject matter of the expected action and his interest
therein; therein;
(c) the facts which he desires to establish by the proposed (c) the facts which he desires to establish by the proposed
testimony and his reasons for desiring to perpetuate it; testimony and his reasons for desiring to perpetuate it;
(d) the names of a description of the persons he expects will be (d) the names of a description of the persons he expects will be
adverse parties and their addresses so far as known; and adverse parties and their addresses so far as known; and
(e) the names and addresses of the persons to be examined and the (e) the names and addresses of the persons to be examined and the
substance of the testimony which he expects to elicit from each, and substance of the testimony which he expects to elicit from each, and
shall ask for an order authorizing the petitioner to take the depositions shall ask for an order authorizing the petitioner to take the depositions
of the persons to be examined named in the petition for the purpose of the persons to be examined named in the petition for the purpose
of perpetuating their testimony. of perpetuating their testimony.
RULE 134: Perpetuation of Testimony
Section 3. Notice and hearing
OLD RULES 2019 AMENDMENT
Section 3. Notice and service. — The Section 3. Notice and service. — The
petitioner shall thereafter serve a notice petitioner shall thereafter serve a notice
upon each person named in the petition as upon each person named in the petition as
an expected adverse party, together with a an expected adverse party, together with a
copy of a petition, stating that the petitioner copy of a petition, stating that the
will apply to the court, at a time and place petitioner will apply to the court, at a time
named therein, for the order described in and place named therein, for the order
the petition. At least twenty (20) days described in the petition. At least twenty
before the date of hearing the notice shall (20) days before the date of hearing the
be served in the manner provided for notice shall be served in the manner
service of summons. provided for service of summons.
RULE 134: Perpetuation of Testimony
Section 4. Order of examination
OLD RULES 2019 AMENDMENT
Section 4. Order of examination. — If the Section 4. Order of examination. — If the
court is satisfied that the perpetuation of the court is satisfied that the perpetuation of the
testimony may prevent a failure or delay of testimony may prevent a failure or delay of
justice, it shall make an order designating or justice, it shall make an order designating or
describing the persons whose deposition describing the persons whose deposition
may be taken and specifying the subject may be taken and specifying the subject
matter of the examination, and whether the matter of the examination, and whether the
depositions shall be taken upon oral depositions shall be taken upon oral
examination or written interrogatories. The examination or written interrogatories. The
depositions may then be taken in accordance depositions may then be taken in accordance
with Rule 24 before the hearing. with Rule 24 before the hearing.
RULE 134: Perpetuation of Testimony
Section 5. Reference to the court
OLD RULES 2019 AMENDMENT
Section 5. Reference to court. — For the Section 5. Reference to court. — For the
purpose of applying Rule 24 to purpose of applying Rule 24 to
depositions for perpetuating testimony, depositions for perpetuating testimony,
each reference therein to the court in each reference therein to the court in
which the action is pending shall be which the action is pending shall be
deemed to refer to the court in which deemed to refer to the court in which
the petition for such deposition was filed. the petition for such deposition was filed.
RULE 134: Perpetuation of Testimony
Section 6. Use of deposition
OLD RULES 2019 AMENDMENT
Section 6. Use of deposition. — If a Section 6. Use of deposition. — If a
deposition to perpetuate testimony is deposition to perpetuate testimony is
taken under this rule, or if, although taken under this rule, or if, although
not so taken, it would be admissible in not so taken, it would be admissible in
evidence, it may be used in any action evidence, it may be used in any action
involving the same subject matter involving the same subject matter
subsequently brought in accordance subsequently brought in accordance
with the provisions of Sections 4 and 5 with the provisions of Sections 4 and 5
of Rule 24. of Rule 24.
RULE 134: Perpetuation of Testimony
Section 7. Deposition pending appeal
OLD RULES 2019 AMENDMENT
Section 7. Depositions pending appeal. — If an Section 7. Depositions pending appeal. — If an
appeal has been taken from a judgment of the appeal has been taken from a judgment of the
Regional Trial Court or before the taking of an Regional Trial Court or before the taking of an
appeal if the time therefor has not expired, the appeal if the time therefor has not expired, the
Regional Trial Court in which the judgment was Regional Trial Court in which the judgment was
rendered may allow the taking of depositions of rendered may allow the taking of depositions of
witnesses to perpetuate their testimony for use witnesses to perpetuate their testimony for use
in the event of further proceedings in the said in the event of further proceedings in the said
court. In such case the party who desires to court. In such case the party who desires to
perpetuate the testimony may make a motion in perpetuate the testimony may make a motion in
the said Regional Trial Court for leave to take the the said Regional Trial Court for leave to take the
depositions, upon the same notice and service depositions, upon the same notice and service
thereof as if the action was pending therein. thereof as if the action was pending therein.
RULE 134: Perpetuation of Testimony
Section 7. Deposition pending appeal
OLD RULES 2019 AMENDMENT
The motion shall show (a) the name and the The motion shall show (a) the name and the
addresses of the persons to be examined and the addresses of the persons to be examined and the
substance of the testimony which he expects to substance of the testimony which he expects to
elicit from each; and (b) the reason for elicit from each; and (b) the reason for
perpetuating their testimony. If the court finds perpetuating their testimony. If the court finds
that the perpetuation of the testimony is proper that the perpetuation of the testimony is proper
to avoid a failure or delay of justice, it may make to avoid a failure or delay of justice, it may make
an order allowing the depositions to be taken, an order allowing the depositions to be taken,
and thereupon the depositions may be taken and and thereupon the depositions may be taken and
used in the same manner and under the same used in the same manner and under the same
conditions as are prescribed in these rules for conditions as are prescribed in these rules for
depositions taken in actions pending in the depositions taken in actions pending in the
Regional Trial Court. Regional Trial Court.