NOTES

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

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

NOTE: No amendment in Sec. 1 (Evidence defined), Sec. 2 (Scope) and Sec. 4 (Relevancy; collateral matters)
 RULE 129
WHAT NEED NOT BE PROVED
SECTION ORIGINAL
PROVISION
Sec. 1. Judicial notice, A court shall take judicial notice,
without the introduction of
when mandatory evidence, of the existence and
territorial extent of states, their
p o l i t i c a l h i s t o r y, f o r m s o f
government and symbols of
nationality, the law of nations, the
admiralty and maritime courts of
the world and their seals, the
political constitution and history of
the Philippines, official acts of the
legislative, executive and judicial
departments of the Philippines, the
laws of nature, the measure of
time, and the geographical
divisions.
AMENDED REMARKS
PROVISION
A court shall take judicial notice, q  The amendment in Sec. 1
without the introduction of pertains to recognizing the
evidence, of the existence and official acts of the legislative,
territorial extent of states, their executive and judicial
p o l i t i c a l h i s t o r y, f o r m s o f departments of the National
government and symbols of Government of the Philippines
nationality, the law of nations, the
admiralty and maritime courts of
the world and their seals, the
political constitution and history of
the Philippines, official acts of the
legislative, executive and judicial
departments of the National
Government of the Philippines,
the laws of nature, the measure of
time, and the geographical
divisions.

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

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

 RULE 129
WHAT NEED NOT BE PROVED – cont.
SECTION ORIGINAL
PROVISION
Sec. 3. Judicial notice, After the trial, and before
when hearing necessary judgment or on appeal,
– cont. the proper court, on its
own initiative or on
request of a party, may
take judicial notice of any
matter and allow the
parties to be heard
thereon if such matter is
decisive of a material
issue in the case.
Sec. 4. Judicial An admission, verbal or
admissions written, made by a party
in the course of the
proceedings in the same
case, does not require
proof. The admission may
be contradicted only by
showing that it was made
through palpable mistake
or that no such admission
was made.
AMENDED
PROVISION
Before judgment or on
appeal, the court, motu
proprio or upon motion,
may take judicial notice of
any matter and shall
hear the parties thereon
if such matter is decisive
of a material issue in the
case.
An admission, oral or
written, made by the
party in the course of the
proceedings in the same
case, does not require
proof. The admission may
be contradicted only by
showing that it was made
through palpable mistake
or that the imputed
admission was not, in
fact, made.
REMARKS
q The amendment in the
same section removed
the phrase “After the
trial”, which actually
involves proceedings
“before judgment”
q Further, the use of the
terms “motu proprio” and
“upon motion” are
consistent with the use
thereof in the 1st par. of
Sec. 3
q The amendment in Sec.
4 used the word “oral”,
instead of “verbal” when
referring to an admission
q  A l s o , t h e “ i m p u t e d
admission” simply refers
to the “judicial admission”
q A “judicial admission” not
“in fact” made is just
stressing the point.
 RULE 130
RULES OF ADMISSIBILITY
SECTION ORIGINAL
PROVISION
B . D O C U M E N TA R Y Documents as evidence
EVIDENCE consist of writings or any
material containing letters,
Sec. 2. Documentary words, numbers, figures,
evidence symbols or other modes of
written expression offered as
proof of their contents.
1. Original Document When the subject of inquiry is
the contents of a document,
Rule (No longer the Best
no evidence shall be
Evidence Rule)
admissible other than the
Sec. 3. Original original document itself,
document must be
except in the following cases:
produced; exceptions
NOTE: No amendment in A. OBJECT (REAL) EVIDENCE, Sec. 1(Object as evidence)
AMENDED
PROVISION
Documents as evidence
consist of writings,
recordings, photographs or
any material containing letters,
words, sounds, numbers,
figures, symbols, or their
equivalent, or other modes of
written expression offered as
proof of their contents.
Photographs include still
pictures, drawings, stored
images, x-ray films, motion
pictures or videos.
When the subject of inquiry is
the contents of a document,
writing, recording,
photograph or other record,
no evidence is admissible
other than the original
document itself, except in the
following cases:
REMARKS
q  The amendment in Sec. 2
expanded the definition of
documentary evidence,
which now includes
“recordings and
photographs”, as well as
“sounds”, or their
“equivalent”
q  T h e r e i s a l s o a n e w
paragraph on the definition
of “photographs”
q  The amendment in Sec. 3
includes as a subject of
inquiry, not only a document,
but also a writing, recording,
photograph or other record
q  The rule is that “no evidence
is admissible other than
original document itself”
q  Now, the exception applies if,
aside from the document
itself, the “writing, recording,
photograph or other record”,
cannot be presented
 RULE 130
RULES OF ADMISSIBILITY – cont.
SECTION ORIGINAL
PROVISION
1. Original Document (a) When the original has been
lost or destroyed, or cannot be
Rule (No longer the Best produced in court, without bad
Evidence Rule) faith on the part of the offeror;
Sec. 3. Original (b) When the original is in the
document must be custody or under the control of
the party against whom the
produced; exceptions – evidence is offered, and the latter
cont. fails to produce it after
reasonable notice;
(c) xxx xxx xxx
(d) xxx xxx xxx
1. Original Document (a) The original of the document
is one of the contents of which
Rule are the subject of inquiry
Sec. 4. Original of
document
AMENDED
PROVISION
(a) When the original is lost or
destroyed, or cannot be
produced in court, without bad
faith on the part of the offeror;
(b) When the original is in the
custody or under the control of
the party against whom the
evidence is offered, and the latter
fails to produce it after
reasonable notice, or the
original cannot be obtained by
local judicial processes or
procedures;
(c) xxx
(d) xxx
(e) When the original is not
closely-related to a controlling
issue.
(a) An “original” of a document
is the document itself or any
counterpart intended to have
the same effect by a person
executing or issuing it. An
“original” of a photograph
includes the negative or any
print therefrom. If data is
stored in a computer or similar
device, any printout or other
output readable by sight or
other means, shown to reflect
the data accurately, is an
“original”.
REMARKS
q  No amendment in items (c)
and (d) in the exceptions,
while there is only a minor
amendment in item (a)
q  The amendment in item (b)
includes, as an exception, a
situation wherein the original
of a document, writing,
recording, photograph or other
record cannot be obtained by
judicial processes
q  Item (e) is a new provision
wherein as another exception
is when the original is not
closely-related to a controlling
issue
q  This item (a) is a new
provision
q  The amendment defines what
an original document is, which
is the document itself or any
counterpart intended to have
the same effect
q  Also, it provides that an
original of a photograph
includes the negative or any
print therefrom
q  Further, the data stored in a
computer or similar device,
when printed, is also an
original
 RULE 130
RULES OF ADMISSIBILITY – cont.
SECTION ORIGINAL
PROVISION
1. Original Document (b) When a document is in two
Rule or more copies executed at or
about the same time, with
Sec. 4. Original of identical contents, all such
document – cont. copies are equally regarded
as originals
(c) When an entry is repeated
in the regular course of
business, one being copied
from another at or near the
time of the transaction, all the
entries are likewise equally
regarded as originals
AMENDED
PROVISION
(b) A “duplicate” is a
counterpart produced by
the same impression as the
original, or from the same
matrix, or by means of
p h o t o g r a p h y, i n c l u d i n g
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.
REMARKS
q  This item (b) is a new
provision.
q  T h e d e f i n i t i o n o f a
“duplicate” is more detailed,
it pertains to a counterpart
produced (i) by the same
impression as the original,
or (ii) from the same matrix,
or (iii) by means of
photography, or (iv) by
mechanical or electronic
recording, (v) by chemical
reproduction, or (vi) by
other equivalent techniques
q  This item (c) is a new
provision
q  The admissibility of a
duplicate is allowed to the
same extent as an original,
except if (1) a genuine
question is raised as to the
authenticity of the original
or (2) it is unjust or
inequitable to admit the
duplicate”
 RULE 130
RULES OF ADMISSIBILITY – cont.
SECTION ORIGINAL AMENDED
PROVISION PROVISION
2. Secondary Evidence NO ORIGINAL PROVISION When the contents of
documents, records,
Sec. 7. Summaries photographs, or numerous
accounts are voluminous and
cannot be examined in court
without great loss of time, and
the fact sought to be
established is only the general
result of the whole, the
contents of such evidence may
be presented in the form of a
chart, summary or calculation.
The originals shall be available
for examination or copying, or
both, by the adverse party at a
reasonable time and place.
REMARKS
q  Sec. 7 is a new provision
q  It pertains to “voluminous”
evidence that cannot be
examined in court without
great loss of time, so the
contents thereof may be
presented in the form of a
chart, summary or calculation
q  A l s o , t h e “ v o l u m i n o u s ”
evidence must be available to
the adverse party for
examination or copying

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

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

wills. wills.

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

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

(d) A minister or priest cannot,
without the consent of the
person making the confession,
be examined as to any
confession made to or any
advice given by him in his
professional character in the
course of discipline enjoined
by the church to which the
minister or priest belongs;
(e) A public officer cannot be
examined during his term of
o ff i c e a f t e r w a r d s , a s t o
communications made to him
in official confidence, when
the court finds that the public
interest would suffer by the
disclosure.
(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 minster
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.
q  Item (d) identifies who are
covered by the “priest-
confessant” privileged
communication, which
includes a person reasonably
believed to be a minister or
priest by the confessant or
affected person, regarding the
confession or advice given to
him
q  The amendment in item (e)
covers not only
communications during the
tenure of the public officer, but
even “after his or her tenure”
 RULE 130
RULES OF ADMISSIBILITY – cont.
SECTION ORIGINAL AMENDED
PROVISION PROVISION
1. Qualification of N O O R I G I N A L The communication shall be
Witnesses PROVISION privileged, even in the hands
of a third person who may
Sec. 24. Disqualification have obtained the
by reason of privileged information, provided that
communication – cont. the original parties to the
communication took
precaution to protect its
confidentiality.
2. Testimonial Privilege No person may be No person shall be compelled
compelled to testify to testify against his or her
Sec. 25. Parental and
against his parents, other parents, other direct
filial privilege ascendants, children or other
direct ascendants, children
direct descendants, except
or other direct
when such testimony is
descendants. indispensable in a crime
against that person or by
one parent against the other.
2. Testimonial Privilege N O O R I G I N A L A person cannot be compelled
PROVISION to testify about any trade
Sec. 26. Privilege secret, unless the non-
relating to trade secrets disclosure will conceal fraud or
otherwise work injustice. When
disclosure is directed, the court
shall take such protective
measure as the interest of the
owner of the trade secret and
of the parties and the
furtherance of justice may
require.
REMARKS
q  This last paragraph is a new
provision
q  For the communication to
remain privileged, even if in
the hands of a third person,
the concerned parties
should have taken
precautions to protect its
confidentiality
q  The amendment in Sec. 25 is,
among others, gender-based.
q  Also, there is a new provision
on the exception to the parental
and filial privilege, i.e., when
the testimony is indispensable
in a crime involving the
concerned person or by one
parent against the other
q  This is a new section.
q  The amendment considers as
privilege the disclosure of
“trade secrets”, unless the non-
disclosure will conceal fraud or
otherwise work injustice
q  When disclosure is ordered by
the court, protective measures
must be taken to protect the
interest of the owner of the
trade secret and of the parties
and the furtherance of justice
may require
 RULE 130
RULES OF ADMISSIBILITY – cont.
SECTION ORIGINAL AMENDED
PROVISION PROVISION
3. Admissions and In civil cases, an offer of compromise In civil cases, an offer of compromise
is not an admission of any liability, is not an admission of any liability,
Confessions and is not admissible in evidence and is not admissible in evidence
Sec. 28. Offer of against the offeror. against the offeror. Neither is
evidence of conduct nor
compromise not statements made in compromise
admissible negotiations admissible, except
evidence otherwise discoverable
or offered for another purpose,
such as proving bias or prejudice
of a witness, negativiting a
contention of undue delay, or
proving an effort to obstruct a
criminal investigation or
prosecution.
REMARKS
q  The second sentence in the first
paragraph of Sec. 28 is a new
provision.
q  The amendment provides that
“evidence of conduct nor
statements made in compromise
negotiations” cannot be
admissible, except if such
evidence were “discoverable or
offered for another purpose”, such
as proving bias or prejudice of a
witness

xxx xxx xxx q  No amendment in the second

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

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

A plea of guilty later withdrawn, or an
unaccepted offer of a plea of guilty to
a lesser offense, is not admissible in
evidence against the accused who
made the plea of offer.
unaccepted offer of a plea of guilty to
a lesser offense, is not admissible in
evidence against the accused who
made the plea of 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.
paragraph is a new provision.
q  It provides that a plea bargaining
with the prosecution cannot be
used in evidence against the
accused
q  No amendment in the fourth
paragraph of Sec. 28 (offer to pay
medical, hospital or other
expenses)

NOTE1: The amendments in 3. Admissions and Confessions, Sec. 27 (Admission of a party), Sec. 33 (Admission by silence) and Sec. 34
(Confession) are gender-based and pertains to the re-numbering of the said sections
NOTE2: No amendment in 3. Admissions and Confessions, Sec. 29 (Admission by third party), except the re-numbering of said section
 RULE 130
RULES OF ADMISSIBILITY – cont.
SECTION ORIGINAL
PROVISION
3. Admissions and The act or declaration of a
partner or agent of the party
Confessions within the scope of his authority
Sec. 30. Admission by and during the existence of the
co-partner or agent partnership or agency, may be
given in evidence against such
party after the partnership or
agency is shown by evidence
other than such or declaration.
The same rule applies to the act
or declaration of a joint owner,
joint debtor, or other person
jointly interested with the party.
3. Admissions and The act or declaration of a
conspirator relating to the
Confessions conspiracy and during its
Sec. 31. Admission by existence, may by given in
conspirator evidence against the co-
conspirator after the conspiracy
is shown by evidence other than
such act of declaration.
3. Admissions and Where one derives title to
property from another, the act,
Confessions declaration, or omission of the
Sec. 32. Admission by latter, while holding the title, in
privies relation to the property, is
evidence against the former.
AMENDED
PROVISION
The act or declaration of a partner
or agent authorized by the party
to make a statement concerning
the subject, or within the scope of
his or her authority and during the
existence of the partnership or
agency, may be given in evidence
against such party after the
partnership or agency is shown by
evidence other than such or
declaration. The same rule applies
to the act or declaration of a joint
owner, joint debtor, or other person
jointly interested with the party.
The act or declaration of a
conspirator in furtherance of the
conspiracy and during its
existence, may by given in
evidence against the co-
conspirator after the conspiracy is
shown by evidence other than
such act of declaration.
Where one derives title to property
from another, the latter’s act,
declaration, or omission, in relation
to the property, is evidence against
the former if done while the latter
was holding the title.
REMARKS
q  The amendment in the first
paragraph of Sec. 30 only
clarifies the authority given to
a partner or agent
q  Also, the amendment also is
gender-based.
q  The amendment in Sec. 31 is
a minor one and a matter of
style, aside from the re-
numbering of the said
section
q  The amendment in Sec. 32 is
a minor one and a matter of
style, as well as pertaining to
the numbering of the said
section
q  Also, it clarifies that the act,
declaration or omission of
the holder of title is evidence
against the one deriving title
therefrom
 RULE 130
RULES OF ADMISSIBILITY – cont.
SECTION ORIGINAL AMENDED
PROVISION PROVISION
5. Hearsay NO ORIGINAL PROVISION Hearsay is a statement other than
one made by the declarant while
Sec. 37. Hearsay testifying at a trial or hearing,
offered to prove the truth of the
facts asserted therein. A statement
is (1) an oral or written assertion or
(2) a non-verbal conduct of a
person, if it is intended by him or
her as an assertion. Hearsay
evidence is inadmissible except as
otherwise provided in these Rules.
A statement is not hearsay if the
declarant testifies at the trial or
hearing and is subject to cross-
examination concerning the
statement, and the statement is (a)
inconsistent with the declarant’s
testimony, and was given under
oath subject to the penalty of
perjury at a trial, hearing or other
proceeding, or in a deposition; (b)
consistent with the declarant’s
testimony and is offered to rebut an
express or implied charge against
the declarant of recent fabrication
or improper influence or motive; or
(c) one of identification of a person
made after perceiving him or her.
NOTE1: The item on 5. Hearsay is a new item in Rule 130
NOTE2: The old 5. Testimonial Knowledge, Sec. 36 (Testimony generally confined to personal knowledge; hearsay
excluded) was TRANSPOSED to Sec. 22 (Testimony confined to personal knowledge)
REMARKS
q  This a new provision in Sec.
37 which defines what
HEARSAY means, which
essentially is a statement
other than one made by the
declarant while testifying at
a trial or hearing. The
statement may be (i) oral or
written or (ii) a non-verbal
conduct of a person.
q  Prior thereto, there was no
definition of hearsay in the
Rules of Court.
q  This second paragraph of
Sec. 37 is also a new
provision. It defines what is
NOT A HEARSAY
STATEMENT, which is
when a declarant testifies
and is subject to cross-
examination concerning the
statement and the
statement is: (i) inconsistent
with declarant’s testimony;
(ii) offered to rebut an
express or implied charge
against the declarant; or (iii)
one of identification of a
person made after
perceiving him or her
 RULE 130
RULES OF ADMISSIBILITY – cont.
SECTION
6. Exceptions To The
Hearsay Rule
Sec. 39. Statement of
decedent or person of
unsound mind
NOTE1: Amendments to 6. Exceptions To The Hearsay Rule, Sec. 38 (Dying declaration), Sec. 46 (Entries in official
records), and Sec. 48 (Learned treatises) are gender-based and pertain to the re-numbering of the said sections
NOTE2: No amendment to 6. Exceptions To The Hearsay Rule, Sec. 47 (Commercial lists and the like), except the re-
numbering of the said section
ORIGINAL
PROVISION
Parties or assignor of parties
to a case, or persons in whose
behalf a case is prosecuted,
against an executor or
administrator or other
representative of a deceased
person, or against a person of
unsound mind, upon a claim
or demand against the estate
of such deceased person or
against such person of
unsound mind, cannot testify
as to any matter of fact
occurring before the death of
such deceased person or
before such person became of
unsound mind (old Sec. 23,
Rule 130)
AMENDED
PROVISION
In an action against an executor
or administrator or other
representative of a deceased
person, or against a person of
unsound mind, upon a claim or
demand against the estate of
such deceased person or against
such person of unsound mind,
where a party or assignor of a
party or a person in whose
behalf a case is prosecuted
testifies on a matter of fact
occurring before the death of the
decreased person or before the
person became of unsound mind,
any statement of the deceased
or the person of unsound
mind, may be received in
evidence if the statement was
made upon the personal
knowledge of the deceased or
the person of unsound mind at
a time when the matter had
been recently perceived by him
or her and while his or her
recollection was clear. Such
s t a t e m e n t , h o w e v e r, i s
inadmissible if made under
circumstances indicating its
lack of trustworthiness.
REMARKS
q  This is a new section
regarding the statement of a
decedent or person of
unsound mind.
q  The amendment requires,
among others, that any
statement that will be used in
an action against an executor,
administrator or other
representative of a deceased
person or of an unsound mind,
should be based on the
statement of the deceased or
the person of unsound mind
made upon the personal
knowledge of the latter at a
time when the matter had
been recently perceived by
him/her and while his/her
recollection was clear
 RULE 130
RULES OF ADMISSIBILITY – cont.
SECTION ORIGINAL
PROVISION
6. Exceptions To The The declaration made by a person
deceased or unable to testify against
Hearsay Rule the interest of the declarant, if the
Sec. 40. Declaration fact asserted in the declaration was
at the time it was made so far
against interest contrary to declarant’s own interest
that a reasonable man in his position
would not have made the declaration
unless he believed it to be true, may
be received in evidence against
himself or his successors in interest
and against third persons.
6. Exceptions To The The act or declaration of a person
deceased or unable to testify, in
Hearsay Rule respect to the pedigree of another
Sec. 41. Act or person related to him by birth or
marriage, may be received in
declaration about evidence where it occurred before
pedigree the controversy, and the relationship
between the two persons is shown
by evidence other than such act or
declaration. The word “pedigree”
includes relationship, family
genealogy, birth, marriage, death, the
dates when and the places where
these facts occurred, and the names
of the relatives. It embraces also
facts of family history intimately
connected with pedigree.
AMENDED PROVISION REMARKS
The declaration made by a person q  The amendment in Sec. 40
deceased or unable to testify against the is, among others, gender-
interest of the declarant, if the fact asserted based.
in the declaration was at the time it was q  Also, the second sentence
made so far contrary to the declarant’s own of Sec. 40 is a new
interest that a reasonable person in his or provision.
her position would not have made the q  The new provision
declaration unless he or she believed it to specifies that if the
be true, may be received in evidence statement will expose the
against himself or herself or his or her declarant to criminal
successors in interest and against third liability and offered to
persons. A statement tending to expose exculpate the accused,
the declarant to criminal liability and then this is not admissible
offered to exculpate the accused is not in evidence
admissible unless corroborating
circumstances clearly indicate the
trustworthiness of the statement.
The act or declaration of a person q  The amendment in Sec. 41
deceased or unable to testify, in respect to includes an act or
the pedigree of another person related to declaration of a deceased
him or her by birth, adoption, or marriage person or one unable to
or, in the absence thereof, with whose testify on the pedigree of a
family he or she was so intimately person related to him/her,
associated as to be likely to have not only by birth or
accurate information concerning his or marriage, but also by
her pedigree, may be received in evidence adoption
where it occurred before the controversy, q  This also involves the
and the relationship between the two pedigree of a person with
persons is shown by evidence other than whose family he or she
such act or declaration. The word was so intimately
“pedigree” includes relationship, family associated for purposes of
genealogy, birth, marriage, death, the dates determining his/her
when and the places where these facts pedigree
occurred, and the names of the relatives. It
embraces also facts of family history
intimately connected with pedigree.
 RULE 130
RULES OF ADMISSIBILITY – cont.
SECTION ORIGINAL
PROVISION
6. Exceptions To The The reputation or tradition existing in
a family previous to the controversy,
Hearsay Rule in respect to the pedigree of any one
Sec. 42. Family of its members, may be received in
evidence if the witness testifying
reputation or tradition thereon be also a member of the
regarding pedigree family, either by consanguinity or
affinity. Entries in family bibles or
other family books or charts,
engraving on rings, family portraits
and the like, may be received as
evidence of pedigree.
6. Exceptions To The Common reputation existing previous
to the controversy, respecting facts of
Hearsay Rule public or general interest more than
Sec. 43. Common thirty years old, or respecting
marriage or moral character, may be
reputation given in evidence. Monuments and
inscriptions in public places may be
received as evidence of common
reputation.
6. Exceptions To The Statements made by a person while
a startling occurrence is taking place
Hearsay Rule or immediately prior or subsequent
Sec. 44. Part of the res thereto with respect to the
circumstances thereof, may be given
gestae 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.
AMENDED
PROVISION
The reputation or tradition existing in
a family previous to the controversy,
in respect to the pedigree of any one
of its members, may be received in
evidence if the witness testifying
thereon be also a member of the
family, either by consanguinity,
affinity, or adoption. Entries in family
bibles or other family books or
charts, engraving on rings, family
portraits and the like, may be
received as evidence of pedigree.
Common reputation existing previous
to the controversy, as to boundaries
of or customs affecting lands in
the community and reputation as
to events of general history
important to the community, or
respecting marriage or moral
character, may be given in evidence.
Monuments and inscriptions in public
places may be received as evidence
of common reputation.
Statements made by a person while
a startling occurrence is taking place
or immediately prior or subsequent
thereto, under the stress of
excitement caused by the
occurrence with respect to the
circumstances thereof, may be given
in evidence as part of the res gestae.
So, also, statements accompanying
an equivocal act material to the
issue, and giving it a legal
significance, may be received as part
of the res gestae.
REMARKS
q  The amendment in Sec. 42
provides that a member of the
family by adoption may testify
about family reputation or
tradition regarding pedigree
q  The amendment in the first
sentence of Sec. 43 involves
common reputation, existing
previous to the controversy,
regarding boundaries of or
customs affecting lands, as well
as reputation as to events of
general history important to the
community, among others, may
be given in evidence
q  The amendment to the first
sentence of Sec. 44 gives
emphasis to the fact that the
“statements made by a person
while a startling occurrence is
taking place”, should be “under
the stress of excitement caused
by the occurrence”
 RULE 130
RULES OF ADMISSIBILITY – cont.
SECTION ORIGINAL
PROVISION
6. Exceptions To The Entries made at, or near the
time of transactions to
Hearsay Rule
Sec. 45. Records of which they refer, by a
regularly conducted person deceased or unable
to testify, who was in a
business activity
position to know the facts
therein stated, may be
received as prima facie
evidence, if such person
made the entries in his
professional capacity or I
the performance of duty
and in the ordinary or
regular course of business.
(old Sec. 43, Rule 130)
6. Exceptions To The The testimony or deposition of
Hearsay Rule a witness deceased or unable
to testify, given in a former
Sec. 49. Testimony or case or proceeding, judicial or
deposition at a former administrative, involving the
proceeding same parties and subject
matter, may be given in
evidence against the adverse
party who had the opportunity
to cross-examine him.
AMENDED
PROVISION
A memorandum, report, record
or data compilation of acts,
events, conditions, opinions or
diagnoses, made by writing,
typing, electronic, optical or
other similar means at or near
the time of or from
transmission or supply of
information by a person with
knowledge thereof, and kept in
the regular course or conduct
of a business activity, and
such was the regular practice
to make the memorandum,
report, record, or data
compilation by electronic,
optical or similar means, all of
which are shown by the
testimony of the custodian or
other qualified witnesses, is
excepted from the rule on
hearsay evidence.
The testimony or deposition of a
witness deceased or out of the
Philippines or who cannot, with
due diligence, be found therein, or
is unavailable or otherwise unable
to testify, given in a former case or
proceeding, judicial or administrative,
involving the same parties and
subject matter, may be given in
evidence against the adverse party
who had the opportunity to cross-
examine him or her.
REMARKS
q  Sec. 45 completely amended
the old Sec. 43 (Entries in the
course of business)
q  This section provides that a
memorandum, report, record
or data compilation of acts,
events, conditions, opinions or
diagnoses, made by writing,
typing, electronic, optical or
other similar means that are
“kept in the regular course or
conduct of a business
activity”, and this was the
regular practice as shown by
the testimony of the custodian
of said items, is excepted from
the rule on hearsay evidence
q  The amendment in Sec. 49
clarifies that, aside from the
testimony or deposition of a
deceased witness, the testimony
or a deposition of one who is “out
of the Philippines or who cannot,
with due diligence, be found
therein, or is unavailable or
unable to testify, given in a former
case or proceeding involving the
same parties, may be given in
evidence against the adverse
party who had the opportunity to
cross-examine said witness
 RULE 130
RULES OF ADMISSIBILITY – cont.
SECTION ORIGINAL AMENDED
PROVISION PROVISION
6. Exceptions To The NO ORIGINAL PROVISION A statement not specifically
covered by any of the foregoing
Hearsay Rule exceptions, having equivalent
Sec. 50. Residual circumstantial guarantees of
trustworthiness, is admissible if
exception the court determines that (a) the
statement is offered as evidence
of a material fact; (b) the
statement is more probative on
the point for which it is offered
than any other evidence which the
proponent can procure through
reasonable efforts; and (c) the
general purposes of these rules
and the interests of justice will be
best served by admission of the
statement into evidence.
However, a statement may not be
admitted under this exception
unless the proponent makes
known to the adverse party,
sufficiently in advance of the
hearing or by the pre-trial stage in
the case of a trial of the main case,
to provide the adverse party with a
fair opportunity to prepare to meet
it, the proponent’s intention to
offer the statement and the
particulars of it, including the
name and address of the
declarant.
REMARKS
q  Sec. 50 is a new provision.
q  The amendment recognizes other
statements that may be excepted
from the hearsay evidence rule
that may not have been
specifically covered by Secs. 38
to 49, that have equivalent
circumstantial guarantees of
trustworthiness
q  It is like a “catch all” exception to
the hearsay rule
q  Such may be admissible if the
court determines that: (a) the
statement is offered as evidence
of a material fact; (b) the
statements is more probative on
the point for which it is offered;
and (c) admitting the statement
would serve the general purposes
of therules and the interest of
justice
q  However, before invoking the
exception under this section, the
proponent must make known to
the adverse party in advance of
the hearing or by the pre-trial
stage, the proponent’s intention to
offer such statement and the
particulars thereof, including the
name and address of the
declarant
 RULE 130
RULES OF ADMISSIBILITY – cont.
SECTION ORIGINAL
PROVISION
7. Opinion Rule The opinion of a witness on
a matter requiring special
Sec. 52. Opinion of
knowledge, skill,
expert witness
experience, or training
which he is shown to
possess, may be received
in evidence.
8. Character Evidence (a)  In Criminal Cases
(1) The accused may prove
Sec. 54. Character
his good moral character
evidence not generally which is pertinent to the moral
admissible; exceptions trait involved in the offense
charged
(2) Unless in rebuttal, the
prosecution may not prove his
bad moral character which is
pertinent to the moral trait
i n v o l v e d i n t h e o ff e n s e
charged
(3) The good or bad moral
character of the offended
party may be proved if it tends
to establish in any reasonable
degree the probability or
improbability of the offense
charged
NOTE1: No amendment in 7. Opinion Rule, Sec. 51 (General rule), except the re-numbering of the said section
NOTE2: The amendments in 7. Opinion Rule, Sec. 53 (Opinion of ordinary witnesses) are gender-based and pertain to
the re-numbering of the said sections
AMENDED
PROVISION
The opinion of a witness on a
matter requiring special
knowledge, skill, experience,
training or education, which
he or she is shown to
possess, may be received in
evidence.
E v i d e n c e o f a p e r s o n ’s
character or a trait of character
is not admissible for the
purpose of proving action in
conformity therewith on a
particular occasion, except:
(a)  In Criminal Cases;
(1) The character of the
offended party may be proved if it
tends to establish in any
reasonable degree the probability
or improbability of the offense
charged.
(2) The accused may prove his
or her good moral character,
pertinent to the moral trait
involved in the offense charged
However, the prosecution may
not prove his or her bad moral
unless on rebuttal.
REMARKS
q  The amendment in Sec. 52
requires that a witness must
possess “education” on the
matter that he will be testifying
on so that his opinion may be
received in evidence
q  Another amendment is only
gender-based.
q  The amendment in Sec. 54
states, among others, that an
evidence of a person’s
character or a trait of
character is not admissible to
prove action in conformity
therewith on a particular
occasion, subject to
exceptions
q  In criminal cases, the new
item (1) is a re-wording of and
largely taken from the old item
(3) of Sec. 51 (now Sec. 54)
q  Also, the new item (2) is a
combination of both the old
items (1) and (2) of Sec. 51
(now Sec. 54)
 RULE 130
RULES OF ADMISSIBILITY – cont.
SECTION ORIGINAL
PROVISION
8. Character Evidence (b) In Civil Cases
Sec. 54. Character Evidence of the moral character
evidence not generally of a party in a civil case is
admissible; exceptions – admissible only when pertinent to
the issue of character involved in
cont.
the case.
(c) In the case provided for in
Rule 132, Section 14 (Evidence
of good character of witness)
AMENDED
PROVISION
(b) In Civil Cases
Evidence of the moral character
of a party in a civil case is
admissible only when pertinent to
the issue of character involved in
the case.
(c) In Criminal and Civil Cases
Evidence of the good character
of a witness is not admissible
until such character has been
impeached.
In all cases in which evidence
of character or a trait of
character of a person is
admissible, proof may be made
by testimony as to reputation
or by testimony in the form of
an opinion. On cross-
examination, inquiry is
allowable into relevant specific
instances of conduct.
In cases in which character or
a trait of character of a person
is an essential element of a
charge, claim or defense, proof
may also be made of specific
instances of that person’s
conduct.
REMARKS
q  No amendment with respect to
the item involving Civil Cases
q  Item (c) for both “Criminal and
Civil Cases” is a new provision
and completely amends the
old item (c)
q  The amendment in item (c)
provides that, among others, ,
“character evidence” is
admissible only if the witness
is impeached.
q  Also, in all cases in which
character evidence or a trait
thereof is admissible, proof
thereof may be made by
testimony as to reputation or
by testimony in the form of an
opinion.
q  During cross-examination, an
inquiry into relevant specific
instances of conduct is
allowed
q  In cases in which character or
a trait of character of a person
is an essential element of a
charge, claim or defense,
proof thereof may be of
specific instances of that
person’s conduct
 RULE 131
BURDEN OF PROOF, BURDEN OF EVIDENCE AND
PRESUMPTIONS
SECTION ORIGINAL AMENDED
PROVISION PROVISION
Sec. 1. Burden of proof Burden of proof is the Burden of proof is the duty
and burden of evidence duty of a party to of a party to present
evidence on facts in issue
present evidence on
necessary to establish his
facts in issue necessary or her claim or defense by
to establish his claim or the amount of evidence
defense by the amount required by law. Burden of
of evidence required by proof never shifts.
law.
Burden of evidence is the
duty of a party to present
evidence sufficient to
establish or rebut a fact in
issue to establish a prima
facie case. Burden of
evidence may shift from
one party to the other in
the course of the
proceedings, depending
on the exigencies of the
case.
to another in the course
NOTE: The amendments in Sec. 2 (Conclusive presumptions), Sec. 3 (Disputable presumptions) and Sec. 4 (No
presumption of legitimacy or illegitimacy) are gender-based and minor clerical corrections
REMARKS
q The amendment in the
first paragraph of Sec. 1
is the statement that
“burden of proof never
shifts”, as compared to
“burden of evidence”
q The second paragraph of
Sec. 1 is a new
provision. This is the
reason why Sec. 1 is
included in its title.
q  Burden of evidence is
defined as the duty of a
party to present evidence
sufficient to establish or
rebut a fact in issue to
establish a prima facie
case.
q Also, burden of evidence
may shift from one party
of the proceedings..
 RULE 131
BURDEN OF PROOF, BURDEN OF EVIDENCE, AND PRESUMPTIONS – cont.
SECTION ORIGINAL AMENDED
PROVISION PROVISION
Sec. 5. Presumption in NO ORIGINAL PROVISION In all civil actions and
proceedings not otherwise
civil actions and provided for by the law or
proceedings these Rules, a presumption
imposes on the party against
whom it is directed the burden
of going forward with evidence
to rebut or meet the
presumption.
If presumptions are
inconsistent, the presumption
that is founded upon weightier
considerations of policy shall
apply. If considerations of
policy are of equal weight,
neither presumption applies.
Sec. 6. Presumption NO ORIGINAL PROVISION If a presumed fact that
establishes guilt is an
against an accused in
element of the offense
criminal cases charged, or negates a
defense, the existence of
the basic fact must be
proved beyond reasonable
doubt and the presumed
fact follows from the basic
fact beyond reasonable
doubt.
REMARKS
q  Sec. 5 is a new provision.
q  The amendment provides that
in all civil action and other
proceedings, a presumption is
imposed upon a party against
whom a presumption it is
directed the burden of going
forward with evidence to rebut
or meet the presumption.
q  If presumptions are
inconsistent, the weightier
presumption shall apply.
q  If considerations of policy are
of equal weight, neither
presumption applies.
q  Sec. 6 is a new provision.
q  It pertains to a presumed fact
that establishes guilt and
which is an element of the
offense charge, then the
existence of the basic fact
must be proved beyond
reasonable doubt while the
presumed fact follows from
the basic fact beyond
reasonable doubt.
 RULE 132
PRESENTATION OF EVIDENCE
SECTION ORIGINAL AMENDED
PROVISION PROVISION
A. EXAMINATION OF NO ORIGNAL PROVISION For the purpose of
WITNESSES impeaching a witness,
evidence that he or she
Sec. 12. Impeachment
by evidence of has been convicted by
final judgment of a crime
conviction of 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.
REMARKS
q  Sec. 12 is a new provision.
q  The amendment provides
that impeaching a witness
through evidence of
conviction by final judgment
is admitted provided the
penalty imposed is
imprisonment of more than
one year or the crime
involved moral turpitude,
regardless of the penalty.

However, evidence of a q  If the conviction has been

conviction is not the subject of an amnesty
admissible if the or annulment of conviction,
conviction has been the then evidence of prior
conviction cannot be used
subject of an amnesty or
annulment of conviction.
NOTE1: No amendment in A. EXAMINATION OF WITNESSES, Sec. 1 (Examination to be done in open court), Sec. 4 (Order in the
examination of an individual witness), and Sec. 9 (Recalling witness), as well as in Sec. 17 (When part of transaction, writing or record
given in evidence) and Sec. 18 (Right to inspect writing shown to witness), except for the latter the re-numbering of the said sections
NOTE2: The amendment in A. EXAMINATION OF WITNESSES, Sec. 2 (Proceedings to be recorded), Sec. 3 (Rights and obligations of a
witness), Sec. 5 (Direct examination), Sec. 6 (Cross-examination; its purpose and extent), Sec. 7 (Re-direct examination; its purpose and
extent), Sec. 8 (Re-cross examination), Sec. 10 (Leading and misleading questions), Sec. 11 (Impeachment of adverse party’s witness)
and Sec. 16 (When witness may refer to memorandum), is gender-based, while for Sec. 13 (Party may not impeach his or her own
witness) and Sec. 14 (How witness impeached by evidence of inconsistent statements), the amendments are gender-based, minor
clerical errors or matters of style and the re-numbering of the said sections
NOTE3: The old Sec. 14 (Evidence of good character of witness) was incorporated in the present Sec. 54, Rule 130
 RULE 132
PRESENTATION OF EVIDENCE – cont.
SECTION ORIGINAL
PROVISION
Sec. 15. Exclusion and On any trial or hearing, the
separation of witnesses judge may exclude from the
court any witness not at the
time under examination, so
that he may not hear the
testimony of the other
witnesses. The judge may
also cause witnesses to be
separate and to be
prevented from conversing
with one another until all
shall have been examined.
AMENDED
PROVISION
The court, motu proprio or
upon motion, shall order
witnesses excluded so that
they cannot hear the
testimony of other witnesses.
This rules does not
authorize exclusion of (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.
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.
REMARKS
q  The amendment in the first
sentence of Sec. 15 allows
the judge to exclude a
witness, motu proprio or
upon motion
q  The second sentence of
Sec. 15 is a new provision.
q  The amendment provides
the grounds for not
authorizing the exclusion of
a witness who is: (a) a
natural person, (b) a person
duly designated
representative of a juridical
entity party to the case, (c)
one whose presence is
essential to the
presentation of the party’s
cause, or (d) a person
authorized by statute to be
present at the trial or
hearing.
q  The second paragraph of
Sec. 15 allows the court to
keep separate the
witnesses and prevent
them to converse with one
another, directly or through
intermediaries, until all shall
have been examined
 RULE 132
PRESENTATION OF EVIDENCE – cont.

SECTION ORIGINAL AMENDED REMARKS

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

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

NOTE1: No amendment in B. AUTHENTICATION AND PROOF OF DOCUMENTS, Sec. 21 (When evidence of authenticity of
private document), Sec. 23 (Public documents are evidence), Sec. 26 (Irremovability of public record), Sec. 27 (Public record of a
private document), Sec. 29 (How judicial record impeached), Sec. 30 (Proof of notarial documents), and Sec. 32 (Seal)
NOTE2: The amendments in B. AUTHENTICATION AND PROOF OF DOCUMENTS, Sec. 22 (How genuineness of handwriting
proved), Sec. 25 (What attestation of copy must state), Sec. 28 (Proof of lack of record), Sec. 31 (Alteration in document, how to
explain) and Sec. 33 (Documentary evidence in an unofficial language) are only gender-based.
 RULE 132
PRESENTATION OF EVIDENCE – cont.
SECTION ORIGINAL
PROVISION
B. AUTHENTICATION Before any private document
offered as authentic is received in
AND PROOF OF evidence, its due execution and
DOCUMENTS authenticity must be proved either:
(a) By anyone who saw the
Sec. 20. Proof of document executed or written; or
private documents (b) By evidence of the genuineness
of the signature or handwriting of
the maker.
Any other private document need
only be identified as that which it is
claimed to be.
B. AUTHENTICATION The record of public documents
referred to in paragraph (a) of
AND PROOF OF Section 19, when admissible for any
DOCUMENTS purpose, may be evidenced by an
official publication thereof or by a
Sec. 24. Proof of copy attested by the officer having
official record the legal custody of the record, or
by his deputy, and accompanied, if
the record is not kept in the
Philippines, with a certificate that
such officer has the custody. If the
office in which the record is kept is
in a foreign country, the certificate
may be made by a secretary of the
embassy or legation, consul
general, consul, vice consul or
consular agent or by any officer in
the foreign service of the Philippines
stationed in the foreign country in
which the record is kept, and
authenticated by the seal of his
office.
AMENDED
PROVISION
Before any private document offered as
authentic is received in evidence, its due
execution and authenticity must be
proved by any of the following means:
(a) By anyone who saw the document
executed or written;
(b) By evidence of the genuineness of the
signature or handwriting of the maker; or
(c) By other evidence showing its due
execution and authenticity.
Any other private document need only be
identified as that which it is claimed to be.
The record of public documents referred
to in paragraph (a) of Section 19, when
admissible for any purpose, may be
evidenced by an official publication
thereof or by a copy attested by the officer
having the legal custody of the record, or
by his or her deputy, and accompanied, if
the record is not kept in the Philippines,
with a certificate that such officer has the
custody. If the office in which the record is
kept is in a foreign country, which is a
contracting party to a treaty or
convention to which the Philippines is
also a party, or considered a public
document under such treaty or
convention pursuant to paragraph (c)
of Section 19 hereof, the certificate or
its equivalent shall be in the form
prescribed by such treaty or
convention subject to reciprocity
granted to public documents
originating from the Philippines.
REMARKS
q  The amendment in Sec.20
pertains to a third means to prove
the due execution and
authenticity of a private
document, i.e., by “other evidence
showing its due execution and
authenticity”, aside from by
anyone who saw it being
executed or proving the
genuineness of the signature or
handwriting of the maker
q  No amendment in the second
paragraph of Sec. 20.
q  The amendment in the first
sentence of Sec. 24 is only
gender-based.
q  Also, the amendment in the
second paragraph of Sec. 24
provides that the certificate or its
equivalent needed with respect to
a record kept in a foreign country,
which is a contracting party to a
treaty or convention to which the
Philippines is also a party or the
record is considered a public
document under such treaty or
convention, shall be in the form
prescribed under such treaty or
convention, subject to reciprocity
granted to public documents
originating from the Philippines
 RULE 132
PRESENTATION OF EVIDENCE – cont.
SECTION ORIGINAL AMENDED
PROVISION PROVISION
B. AUTHENTICATION For documents originating
from a foreign country which is
AND PROOF OF not a contracting party to a
DOCUMENTS treaty or convention referred to
Sec. 24. Proof of official in the next preceding sentence,
the certificate may be made by a
record – cont.
secretary of the embassy or
legation, consul general, consul,
vice-consul, or consular agent or
by any officer in the foreign
service of the Philippines
stationed in the foreign country in
which the record is kept, and
authenticated by the seal of his
office.
A document that is
NO ORIGINAL PROVISION 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.
REMARKS
q  The preliminary sentence in the
third paragraph of Sec. 24 refers
to documents originating from a
foreign country which is not a
contracting to a treaty or
convention involving the
Philippines, in which case 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,
authenticated by the seal of the
office
q  The fourth paragraph of Sec. 24
is a new provision.
q  The amendment pertains to a
document already accompanied
by a certificate or its equivalent
which needs no more proof,
since the certificate or its
equivalent is prima facie
evidence of its due execution
and genuineness.
q  Also, a certificate is no longer
required if the treaty or
convention between the
Philippines and a foreign country
has abolished such requirement
or exempted the document itself
from such formality.
 RULE 132
PRESENTATION OF EVIDENCE – cont.
SECTION ORIGINAL
PROVISION
C. OFFER AND As regards the testimony of a
witness, the offer must be made
OBJECTION at the time the witness is called
Sec. 35. When to make to testify.
offer
Documentary and object
evidence shall be offered after
the presentation of a party’s
testimonial evidence. Such offer
shall be done orally unless
allowed by the court to be done
in writing.
C. OFFER AND Objection to evidence offered
orally must be made immediately
OBJECTION after the offer is made.
Sec. 36. Objection
Objection to a question
propounded in the course of the
oral examination of a witness
shall be made as soon as the
grounds therefor become
reasonably apparent.
An offer of evidence in writing
shall be objected to within three
(3) days after notice unless a
different period is allowed by the
court.
NOTE1: No amendment in C. OFFER AND OBJECTION, Sec. 34 (Offer of evidence), Sec. 38 (Ruling), and Sec. 40
(Tender of excluded evidence)
NOTE2: The amendment in C. OFFER AND OBJECTION, Sec. 37 (When repetition of objection unnecessary) is only
gender-based.
AMENDED
PROVISION
All evidence must be offered
orally.
The offer of the testimony of a
witness in evidence must be
made at the time the witness is
called to testify.
The offer of documentary and
object evidence shall be made
after the presentation of a party’s
testimonial evidence.
Objection to offer of evidence
must be made orally immediately
after the offer is made.
Objection to the testimony of a
witness for lack of a formal
offer must be made as soon as
the witness begins to testify.
Objection to a question
propounded in the course of the
oral examination of a witness
must be made as soon as the
grounds therefor become
reasonably apparent.
REMARKS
q  The amendment in Sec. 35,
for one, requires all evidence
to be offered ORALLY.
q  Also, the amendment gives
emphasis on when testimonial
evidence should be offered,
which is at the time the
witness is called to testify.
q  As to documentary or object
evidence, the offer should be
made after presentation of a
party’s testimonial evidence.
q  The amendment in Sec. 36
requires all objections to offer
of evidence to be done
ORALLY.
q  Also, an objection to a
testimony of a witness for lack
of a formal offer must be made
as soon as the witness begins
to testify.
q  Objection to a question
propounded during the trial
must be made as soon as the
grounds therefor become
reasonably apparent.
q  Further, no more offer of
evidence in writing is allowed
as the third paragraph of Sec.
36 was deleted.
 RULE 132
PRESENTATION OF EVIDENCE – cont.
SECTION ORIGINAL
PROVISION
C. OFFER AND Should a witness answer the
OBJECTION question before the adverse
party had the opportunity to
Sec. 39. Striking out voice fully its objection to the
answer same, and such objection is
found to be meritorious, the
court shall sustain the
objection and order the
answer given to be stricken off
the record.
On proper motion, the court
may also order the striking out
of answers which are
incompetent, irrelevant or
otherwise improper.
AMENDED
PROVISION
Should a witness answer the
question before the adverse
party had the opportunity to
voice fully its objection to the
same, or where a question is
not objectionable, but the
answer is not responsive, or
where a witness testifies
without a questions being
posed or testifies beyond
limits set by the court, or
when the witness does a
narration instead of
answering the question, and
such objection is found to be
meritorious, the court shall
sustain the objection and
order such answer,
testimony or narration to be
stricken off the record.
On proper motion, the court
may also order the striking out
of answers which are
incompetent, irrelevant or
otherwise improper.
REMARKS
q  The amendment in Sec. 39
provides that (a) should a
witness answer the
question before being
objected to, or (b) where a
question is not
objectionable but the
answer is not responsive,
or (c) where a witness
testifies without questions
being posed or testifies
beyond the limits set by the
court, or (d) when the
witness does a narration
instead of answering the
question, the court shall
sustain the objection and
order such answer,
testimony or narration to be
stricken off the record
q  There is no amendment in
the second paragraph of
Sec. 39
 RULE 133
WEIGHT AND SUFFICIENCY OF EVIDENCE
SECTION ORIGINAL
PROVISION
Sec. 4. Circumstantial Circumstantial evidence is
sufficient for conviction if:
evidence, when (a) There is more than one
sufficient circumstance;
(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 conviction beyond
reasonable doubt.
AMENDED PROVISION
Circumstantial evidence is sufficient for
conviction if:
(a) There is more than one circumstance;
(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
conviction beyond reasonable doubt.
Inferences cannot be based on other
inferences
REMARKS
q  There is no amendment in the first
paragraph of Sec. 4.
q  The amendment in the second
paragraph of Sec. 4, which is a new
provision, stresses that inferences
cannot be based on other
inferences.

Sec. 5. Weight to be
given opinion of
expert witness, how
determined
NO ORIGINAL PROVISION
In any case where the opinion of an
expert witness is received in evidence,
the court has a wide latitude of
discretion in determining the weight to
be given to such opinion, and for that
purpose may consider the following:
(a) Whether the opinion is based upon
sufficient facts or data;
(b) Whether it is the product of reliable
principles and methods;
(c) Whether the witness has applied the
principles and methods reliably to the
facts of the case; and
(d) Such other factors as the court may
deem helpful to make such
determination
q  Sec. 5 is a new provision.
q  The amendment provides, among
others, that the court has a wide
latitude of discretion in determining
the weight to be given to the opinion
of an expert witness.
q  Also, the court, in exercising such
discretion, may consider the
following: (a) whether the opinion is
based on sufficient facts or data; (b)
whether the opinion 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 helpful factors

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