Académique Documents
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Rule
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 the general result of the whole;
only the general result of the whole; and
(d) When the original is a public record in the
custody of a public officer or is recorded in a
(d) When the original is a public record in the public office; and
custody of a public officer or is recorded in a (e) When the original is not closely-related to a
public office. 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 the entries are likewise equally regarded as
originals.
(a) The original of the document is one the
contents of which are the subject of inquiry.
an agreement have been reduced to writing, it is cons dered as an agreement have been reduced to writing, it is considered as
containing all the terms agreed upon and there can be, between containing a l theerms agreed upon and there can be,
c
terms othe than the contents of the written agreement. of such terms other than the contents of the written agreement
to the terms of written agreement if he puts in issue in his to the terms of written agreement if he o she puts in issue in a
verified
pleading:
agreement; agreement;
and ag eement of the parties thereto; and ag eement of the parties thereto;
Yes.
Alvarez vs. Ramirez, 473 SCRA
72.
RUL OLD RULES
E
130: Rules of . Testimonial evidence 1.
Qualification of witness
Admissibility
C 2019 AMENDMENT
client, be examined as toxxx any communication made an issue of breach of duty by the lawyer to his or her client, or by
ant
nt
(b) An
the attorney
course of, or cannot, without
with a view the consent of his
to, professional the
employment, norhim,
can or
an his
attorney's secretary, y the lawyer. As to c mmu
stenographer, or cle k be amined, withoutthereon
by the client to advice given in an Docu concerning an n the lawyer is an
the
any fact the knowledge a ommunicati to a m
r ofewhich
x has been acquired int rest between wo
a
if the c om ion was made by
consent of the client and his employer, concerning
in such capacity;
Disqualification by Reason of Privilege
Communication 2. Attorney and Client
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 or her employer,
concerning any fact the knowledge of which has been acquired
in such capacity. (Section 24(b), Rule 130).
Who are covered by the privilege?
Person reasonably
believed by the client
An attorney to be licensed to Attorney’s secretary,
engage in the practice stenographer, or clerk,
of law
Other persons
assisting the attorney
What are matters covered by the
privilege?
Spontaneous statements
Verbal acts
Elements of Res Gestae
(Spontaneous statement)
1. There is a startling occurrence.
aInperson
cases iniswhich character
an essential or a trait
element of a of character
charge, cla mof
or defense, proof may also be made of specific i
instances of that person's conduct.
When is evidence of person’s
character or trait of character not
admissible?
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
(Section 54, Rule 130).
When is evidence of person’s character or
trait of character admissible 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
character unless on rebuttal. (Section 54(a), Rule 130).
3) Evidence of the good character of a witness is not admissible
until such character has been impeached (Section 54[c]).
When is evidence of person’s
character or trait of character
admissible in civil
cases?
1) 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.
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 ).
that all matters within an issue raised a dispu e submitted for arbitrat on were
laidbeforethearbitratorsand
t i
in passed upon by them;
and regular;
(p) That private transactions have been fair
been followed;
(q) That the ordinary course of business has
RULE 131: Burden of Proof, Burden of
Evidence and Presumptions
Section 3; Disputable Presumption
OLD RULES 2019 AMENDMENT
(r) That there was a sufficient consideration (r) That there was a sufficient consideration
for a contract; for a contract;
(s) That a negotiable instrument was given (s) That a negotiable instrument was given
or indorsed for a sufficient consideration; or indorsed for a sufficient consideration;
(t) That an indorsement of a negotiable (t) That an indorsement of a negotiable
instrument was made before the instrument was made before the
instrument was overdue and at the place instrument was overdue and at the place
where the instrument is dated; where the instrument is dated;
(u) That a writing is truly dated; (u) That a writing is truly dated;
(v) That a letter duly directed and mailed (v) That a letter duly directed and mailed
was received in the regular course of the mail; was received in the regular course of the
mail;
RULE 131: Burden of Proof, Burden of
Evidence and Presumptions
Section 5; Burden of Proof
OLD RULES 2019 AMENDMENT
(w) That after an absence of seven years, it being (w) That after an absence of seven years, it
unknown whether or not the absentee still lives, unknown whether or not the absentee still
he is considered dead for all purposes, except for being lives, he or she is considered dead for all
those of succession. except for those of succession.
purposes,
The absentee shall not be considered dead for the The absen ee shall not be considered dead for the
purpose of opening his succession till after an absence of
ten years. If he disappeared after the age of seventyfive absence oftten years. If he or she disappeared after
years, an absence of five years shall be sufficient in purpose
the of opening his or her succession until after an
order that his succession may be opened. be suf icient in order that his or her succession may be
opened
The following shall be considered dead for all purposes age of seventyfive years, an absence of five years shall
including the division of the estate among the heirs: . f
including the division of the estate among the heirs:
A person
The following shallon
beboard a vessel
considered lostfor
dead during a sea
all purposes
(1) A person on board a vessel lost during a sea not been
been heard
hea dof offor
forfour
fouryears
yearssince
sincethe
theloss
loss
of
voyage, or an aircraft with is missing, who has of the vessel or aircraft;
the vessel or aircraft;
(1) r
voyage, or an aircraft with is missing, who has
RULE 131: Burden of Proof, Burden of
Evidence and Presumptions
Section 3; Disputable Presumptions
OLD RULES in the rules for declaration of presumptive death of the
i
(2) A memb reof the a med
r forces who has taken part
in armed hostilities, and has been missing for
years
four ;
circumstances and whose existence has not been
(3) A person who has been in danger of death under
If a married person has been absent for four
other known for four years;
a subseque t marr age if he o she has well founded
(4) belief that the
n absent
i spouse is alre
r dy death.
a In
case
consecutive years, the spouse present may of
of disappearance, where there is a danger contract
death
only two years shall be sufficient for the purpose of
the circumstances hereinabove
contractingsubsequentmarr age.provided, an absence of
spousepresentmu tinsa tuteasummary
proceedings as provided in the Family Code and i
However, in any case, before marrying again,
absentee,withoutprejud cetotheeffectof
s ti
reappearance of the absent spouse.
the
2019 AMENDMENT
(2) e r A memb r of the a med forces who has taken part
in armed hostilities, and has been missing for
years
four ;
circumstances and whose existence has not been
(3) A person who has been in danger of death under
If a married person has been absent for four
other known for four years; and
a subseque t marr age if he o she has well founded
(4) n i r a belief that the absent spouse is alre dy death. In
consecutive years, the spouse present may contract case of disappearance, where there is a danger of
death thecircumstances hereinabove provided an
, purposeofcontracting asubsequentmarriage.
absence of only two years shall be sufficient for
spousepresentmu tins tuteasummary
proceedings as provided in the Family Code and
the However, in any case, before marrying
s ti absentee,withoutprejud cetotheeffectof
reappearance of the absent spouse.
again, the
in the rules for declaration of presumptive death of the
i
RULE 131: Burden of Proof, Burden of
Evidence and Presumptions
Section 3; Disputable Presumptions
OLD RULES 2019 AMENDMENT
(x) That acquiescence resulted from a (x) That acquiescence resulted from a
belief that the thing acquiesced in belief that the thing acquiesced in
was conformable to the law or fact; was conformable to the law or fact;
(y) That things have happened (y) That things have happened
according to the ordinary course of according to the ordinary course of
nature and ordinary nature habits of nature and ordinary nature habits of
life; life;
(z) That persons acting as copartners (z) That persons acting as copartners
have entered into a contract of co have entered into a contract of co
partneship; partneship;
RULE 131: Burden of Proof, Burden of
Evidence and Presumptions
Section 3; Disputable Presumptions
OLD RULES 2019 AMENDMENT
(aa) That a man and woman deporting themselves (aa) Thatamndwomandep
i an a a rting n o
as husband and wife have entered into a themselves as husband and wife have
lawful contract of marriage; enteredntolawfulco tractof
marriage
(bb) That property acquired by a man and a (bb) ; That property acquired by a man and a
woman who are capacitated to marry each
other and who live exclusively with each other who
womanare who
capacitated to marrywith
live exclusively eacheach
otherother
and as
as husband and wife without the benefit of and wife without the benefit of marriage or
marriage or under void marriage, has been husband under void marriage, has been
obtained by their joint efforts, work or industry. joint efforts, work or ndustry. i
(cc) That in cases of cohabitation by a man and a obtained by their
That in cases of cohabitation by a man and a
woman who are not capacitated to marry each
other and who have acquire properly through (cc) other and who have acquire properly through
their actual joint contribution of money, woman who are not capacitated to marry
property or industry, such orindustry, suchcontributionsandtheir
contributions and their their actual
corresponding shares including joint deposits of money and joint contribution
evidences of creditofare
money,
equal.property
each
money and evidences of credit are equal.
corresponding shares including joint deposits of
RULE 131: Burden of Proof, Burden of
Evidence and Presumptions
Section 3; Disputable Presumptions
OLD RULES 2019 AMENDMENT
(dd) That if the marriage is terminated and the (dd) That if the marriage is terminated and the
mother contracted another marriage within mother contracted another marriage within
three hundred days after such termination of the three hundred days after such termination of the
former marriage, these rules shall govern in the former marriage, these rules shall govern in the
absence of proof to the contrary: absence of proof to the contrary:
(1) A child born before one hundred eighty days (1) A child born before one hundred eighty (180)
after the solemnization of the subsequent marriage is days after the solemnization of the subsequent marriage
considered to have been conceived during such marriage, is considered to have been conceived during such
even though it be born within the three hundred days marriage, even though it be born within the three
after the termination of the former marriage. hundred days after the termination of the former
marriage; and
(2) A child born after one hundred eighty days
following the celebration of the subsequent marriage is (2) A child born after one hundred eighty (180) days
considered to have been conceived during such marriage, following the celebration of the subsequent marriage is
even though it be born within the three hundred days considered to have been conceived during such marriage,
after the termination of the former marriage. even though it be born within the three hundred days
after the termination of the former marriage.
RULE 131: Burden of Proof, Burden of
Evidence and Presumptions
Section 3; Disputable Presumptions
OLD RULES 2019 AMENDMENT
(ee) That a thing once proved to exist (ee) That a thing once proved to
continues as long as is usual with exist continues as long as is usual
things of the nature; with things of the nature;
(ff) That the law has been obeyed; (ff) That the law has been obeyed;
(gg) That a printed or published book, (gg) That a printed or published book,
purporting to be printed or purporting to be printed or
published by public authority, published by public authority,
was so printed or published; was so printed or published;
RULE 131: Burden of Proof, Burden
of Evidence and Presumptions
Section 3; Disputable Presumptions
OLD RULES 2019 AMENDMENT
(hh) That a printed or published book, (hh) That a printed or published book,
purporting contain reports of cases purporting contain reports of cases
adjudged in tribunals of the country adjudged in tribunals of the country
where the book is published, where the book is published,
contains correct reports of such contains correct reports of such cases;
cases;
(ii) That a trustee or other person whose
(ii) That a trustee or other duty it was to convey real property to
whose duty it was to convey real a particular person has actually
person property to a particular person conveyed it to him or her when such
actually conveyed it to him when presumption is necessary to
such p esumption is necessary tohas perfect the title of such person or his
r
his successor in interest; or her successorininterest;
perfect the title of such person or
RULE 131: Burden of Proof, Burden of
Evidence and Presumptions
Section 3; Disputable Presumptions
OLD RULES 2019 AMENDMENT
(jj) That except for purposes of succession, when two persons (jj) That except for purposes of succession, when two persons
perish in the same calamity, such as wreck, battle, or perish in the same calamity, such as wreck, battle, or
conflagration, andcircumstances
are no particular it is not shown whowhich
from died tfirst,
can beand there conflagration, andcircumstances
are no particular it is not shown whowhich
from died tfirst,
can beand there
inferred,thesurvivorshipisdeterminedfromthe i inferred,thesurvivorshipisdeterminedfromthe i
sexes, according
probabilities to thefrom
resulting following rules: and the age of the
the strength sexes, according
probabilities to thefrom
resulting following rules: and the age of the
the strength
dehave
1. su vived;
If both were under the age of fifteen years, the older is dehave su vived;
emed to r 5. If one be under fifteen or over sixty, and the other between
ose ages,
haed;
2. If both were above the age sixty, the younger is deemed to haed;
ve surviv
isto
3. have survived;
If one is under fifteen and the other above sixty, the isto have survived;
deemed
4.If both be over fifteen and under sixty and the sex be 4.If both be over fifteen and under sixty and the sex be
former
the the older; and
older; ,
different, the male is deemed to have survived, if the sex be the
ththe
same,latter is deemed to have survived. ththe latter is deemed to have survived.
1. If both were under the age of fifteen years, the older is
emed to r
2. If both were above the age sixty, the younger is deemed to
ve surviv
3. If one is under fifteen and the other above sixty, the
deemed
former
,
different, the male is deemed to have survived, if the sex be the
same,
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 from harsh or insulting demeanor; questions, and from harsh or insulting demeanor;
(5) Not to give an answer which will tend to degrade his (5) Not to give an answer which will tend to degrade his or her
reputation, unless it to be the very fact at issue or to a fact reputation, unless it to be the very fact at issue or to a fact
from which the fact in issue would be presumed. But a from which the fact in issue would be presumed. But a
witness must answer to the fact of his previous final witness must answer to the fact of his or her previous final
conviction for an offense. conviction for an offense.
RULE 132: Presentation of Evidence
A. Examination of Witness
Section 4; Order of Examination of an Individual Witness
OLD RULES 2019 AMENDMENT
Section 4. Order in the examination of Section 4. Order in the examination of
an individual witness. — The order in which an individual witness. — The order in which
the individual witness may be examined is the individual witness may be examined is
as follows; as follows;
(a) Direct examination by the (a) Direct examination by the proponent;
proponent;
(b) Crossexamination by the opponent;
(b) Crossexamination by the opponent; (c) Redirect examination by the
(c) Redirect examination by the proponent;
proponent;
(d) Recrossexamination by the opponent.
(d) Recrossexamination by the
opponent.
RULE 132: Presentation of Evidence
A. Examination of Witness
Section 5; Direct examination
OLD RULES 2019 AMENDMENT
Section 5. Direct examination. — Section 5. Direct examination. —
Direct examination is the Direct examination is the
examinationinchief of a witness examinationinchief of a witness
by the party presenting him on by the party presenting him or
the facts relevant to the issue. her on the facts relevant to the
issue.
RULE 132: Presentation of Evidence
A. Examination of Witness
Section 6; Cross-examination; its purpose
OLD RULES 2019 AMENDMENT
Section 6. Cross-examination; its purpose Section 6. Cross-examination; Its Purpose and
and extent. — Upon the termination of the Extent. — Upon the termination of the direct
direct examination, the witness may be examination, the witness may be cross
cross examined by the adverse party as examined by the adverse party on any
to any matters stated in the direct relevant matter, with sufficient fullness and
examination, or connected therewith, with freedom to test his or her accuracy and
sufficient fullness and freedom to test truthfulness and freedom from interest or
his accuracy and truthfulness and bias, or the reverse, and to elicit all
freedom from interest or bias, or the important facts bearing upon the issue.
reverse, and to elicit all important facts
bearing upon the issue.
RULE 132: Presentation of Evidence
A. Examination of Witness
Section 7; Re-direct examination; its purpose
OLD RULES 2019 AMENDMENT
Section 7. Re-direct examination; its purpose Section 7. Re-direct examination; its purpose
and extent. — After the crossexamination of and extent. — After the crossexamination of
the witness has been concluded, he may be the witness has been concluded, he or she
reexamined by the party calling him, to may be reexamined by the party calling him
explain or supplement his answers given or her, to explain or supplement his or her
during the crossexamination. On redirect answers given during the crossexamination.
examination, questions on matters not dealt On redirectexamination, questions on
with during the crossexamination, may be matters not dealt with during the cross
allowed by the court in its discretion. examination, may be allowed by the court in
its discretion.
RULE 132: Presentation of Evidence
A. Examination of Witness
Section 8; Re-cross examination
OLD RULES 2019 AMENDMENT
Section 8. Re-cross-examination. Section 8. Re-cross-examination.
— Upon the conclusion of the re- — Upon the conclusion of the re-
direct examination, the adverse party direct examination, the adverse party
may re may re
crossexamine the witness on matters crossexamine the witness on matters
stated in his redirect examination, and stated in his or her redirect
also on such other matters as may be examination, and also on such other
allowed by the court in its discretion. matters as may be allowed by the court
in its discretion.
RULE 132: Presentation of Evidence
A. Examination of Witness
Section 9; Recalling a wirness
OLD RULES 2019 AMENDMENT
Section 9. Recalling witness. — After Section 9. Recalling witness. — After
the examination of a witness by both the examination of a witness by both
sides has been concluded, the sides has been concluded, the
witness cannot be recalled without witness cannot be recalled without
leave of the court. The court will leave of the court. The court will
grant or withhold leave in its grant or withhold leave in its
discretion, as the interests of justice discretion, as the interests of justice
may require. may require.
RULE 132: Presentation of Evidence
A. Examination of Witness
Section 10; Leading and misleading questions
OLD RULES 2019 AMENDMENT
Section 10. Leading and misleading questions. — A question which Section 10. Leading and misleading questions. — A question which
suggests to the witness the answer which the examining party desires suggests to the witness the answer which the examining party desires
is a leading question. It is not allowed, except: is a leading question. It is not allowed, except:
(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 that he has been convicted of an offense.
Section 11, Ru el 132. Impeachment of
adverse party's witness. — A witness
be impeached by the party against
may
whom
by evidence that his general reputation
he was called, by contradictory evidence,
by evidence that he has made at other
for truth,
times honesty,inconsistent
statements or integritywith
is bad,
his or
particular wrongful acts, except that it
present testimony, but not by evidence
witness, or the record of the judgment,
of may be shown by the examination of
the
2019 AMENDMENT
Section 11, Rule 132.Impeachment of
adverse party's witness. — A witness may
impeached by the party against whom he or
be she was called, by contradictory
evidence that his or her general reputation
evidence, by for truth, honesty, or integrity
evidence that he or she has made at other
is bad, or by times statements inconsistent
present testimony, but not by evidence of
with his or her particular wrongful acts,
be shown by the examination of the witness,
except that it may
has been convicted of an offense.
or the record of the judgment, that he or she
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
(No comparable provision under the old rule) 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, 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. — Section 13. Party May Not Impeach His or Her Own Witness.
Except with respect to witnesses referred to in paragraphs — Except with respect to witnesses referred to in paragraphs
(d) and (e) of Section 10, the party producing a witness is (d) and (e) of Section 10 of this Rule, the party presenting the
not allowed to impeach his credibility. witness is not allowed to impeach his or her credibility.
A witness may be considered as unwilling or hostile only if A witness may be considered as unwilling or hostile only if so
so declared by the court upon adequate showing of his declared by the court upon adequate showing of his or her
adverse interest, unjustified reluctance to testify, or his or her
adverse interest, unjustified reluctance to testify, or his having misled the party into calling him or her to the witness
having misled the party intcalling him to the witness stand.
stand. o
The unwilling or hostile witness so declared, or the witness
who is an adverse party, may be impeached by the party
whounwilling
The is an adverse party,witness
or hostile may be so
mpeached
declared,by
orthe
theparty
witness presenting him or her in all respects as if he or he had been
presenting him in all respects as if ihe had been called by s
called
bad by the adverse
character. party,
He or she mayexcept
also bebyimpeached
evidence and
of his or her
c oss
He
themay also party,
adverse be impeached
except byand crossexamined
evidence of his badbycharacter.
the examined by the adverse party, but such crossexaminationr
the subject
adverse matter
party, of h scrossexamination
but such examinationinchief.
must only be on inch ef.
i must only be on the subject matter of his or her examination
i
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 Section 14. How Witness Impeached by
evidence of inconsistent statements. — Before Evidence of Inconsistent Statements. — Before
a witness can be impeached by evidence that a witness can be impeached by evidence that he
or she has made at other times statements
he has made at other times statements inconsistent with his or her present
inconsistent with his present testimony, the testimony, the statements must be related
statements must be related to him, with the to him or her, with the circumstances of
circumstances of the times and places and the the times and places and the persons present,
persons present, and he must be asked and he or she must be asked whether he or
whether he made such she made such statements, and if so, allowed to
statements, and if so, allowed to explain them. If explain them. If the statements be in writing
they must be shown to the witness before
the statements be in writing they must be shown any question is put to him or her
to the witness before any question is put to him concerning them.
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 Section 15. Exclusion and Separation of Witnesses.
The court, motu proprio, or upon motion, shall
of witnesses. — On any trial or – order witnesses excluded so that they cannot
hearing, the judge may exclude from the court the testimony of other witnesses. This rule does
any witness not at the time under examination, hear not authorize exclusion of (a) a party who
naturalperson,(b)adulydesignated
so that he may not hear the testimony of other is a representative of a juridical entity which is a
witnesses. The judge may also cause witnesses to to the case, (c) a person whose presence is
be kept separate and to be prevented from party essential to the presentation of the party’s
or (d) a person authorized by a statute to be
conversing with one another until all shall have cause, present.
been examined.
The court maytalsoau e witne ses to be kept
separate and o directly
one another, be prevented from conversing
cor sthrough with
sintermediaries,
l
unti 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 able to
s
Section16. Whenwitne smayreferto transaction when made; but such evidence must be
memorandum. — A witness may be allowed to
refresh his memory respecting a fact, by anything
written
at the time whenorthe
recorded by himself
act occurred, or under his
or immediately
thereafter, or at any other time fwhen the fact was
fresh in his memory and knew that the same was
direction
writing or record must be produced and may be
inspected by the adverse party, who may, i he
correctly written or recorded; but in such case the
may read it in evidence. So, also, a witness may
testify from such writ ng or record, though he retainf
chooses, cross examine the witness upon it,
swear that the writing or record correctly stated the
received with caution. i
and no recollection of the particular facts, if he is
2019 AMENDMENT
Section 16. When Witness May Refer to Memorandum.
— A witness may be allowed to refresh his or her
memory respecting a fact, by anything written or
recorded by himself or herself, or under his or her
direction at the time when the fact occurred, or
immediately thereafter, or at any other time when the
fact was fresh in his or her memory and he or she
knew that the same was correctly written or recorded;
but in such case the writing or record must be produced
and may be inspected by the adverse party, who may, if
he or she chooses, cross examine the witness upon it,
and may read it in evidence. A witness may also testify
from such writing or record, though he or she retains no
recollection of the particular facts, if he or she is able to
swear that the writing or record correctly stated the
transaction when made; but such evidence
must be 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.
Philippines,
the custody If thewith
officea in which
certificate thatis ept
the re ord such
is in a foreign country,
. the certificate may be made
by a secretary of the embassy or legation, consul
officer
any hasin the foreign service of the Philippines
officer
c k
is kept, and authenticated by the seal of his
2019 AMENDMENT
Sec. 24. Proof of official record. — The record of
documents referred to in paragraph (a) of Section 19,
public when admissible for any purpose, may be
official publication thereof or by a copy attested by the
evidenced by an officer having the legal custody of the
her deputy, and accompanied, if the record is not kept in
record, or by his or the Philippines, with a certificate cus ody.
t
that such officer has the If the office in which the country, which is a contracting party to a treaty or
record is kept is in a foreign convention to which the considered a public document under such treaty or
Philippines is also a party, or hereof the certificate convention pursuant to pa agraph (c) of Sect on 19
form prescribed by such treaty or convention subject to
r i
or its equivalent shall be in the the
Philippines.
reciprocity granted to public documents originating from
RULE 132: Presentation of Evidence
B. Authentication and Proof of Documents
Section 24; Proof of official record.
OLD RULES 2019 AMENDMENT
For documents originating from a foreign country which
is not a contracting party to a treaty or convention
referred to in the next preceding sentence, the certificate
may be made by a secretary of the embassy or legation,
consul general, consul, viceconsul, or consular agent or by
any officer in the foreign service of the Philippines
stationed in the foreign country in which the record is
kept, and authenticated by the seal of his or her office.
A document
equivalent that
may be ispresented
accompanied by a certificate
in evidence without or its
further
proof, theofcertificate
evidence or its equivalent
the due execution being prima
and genuineness facie
of the
document
when involved.
a treaty The certificate
or convention between shall not becountry
a foreign required
has
and exempted the document
the Philippines itself from
has abolished the this formal ty. or
requirement,
(24a i
)
RULE 132: Presentation of Evidence
B. Authentication and Proof of
Documents Section 24; Proof of official
record.
The new formulation of Section 34 incorporates the efficacy of
the Apostille Convention. Thus, when the record is kept is in a
foreign country, which is a party to Apostille Convention, 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.
Thus, if a document is Apostillized, that is considered proof of
such document and prima facie proof of its authenticity and
due execution.
How do we prove documents originating in a
country outside the Philippines which is not
a
party to the convention?
It is proved by a the certificate may be made
by a secretary of the embassy or legation,
consul general, consul, vice-consul, or
consular agent or by any officer in the
foreign service of the Philippines stationed in
the foreign country in which the record is
kept, and authenticated by the seal of his or
her office.
Orion Savings Bank vs. Suzuki, G.R. No.
205487, November 12, 2014
In this case, the petitioner is trying to prove the existence of
South Korean Law on conjugal ownership of property. In
doing so, he presented a “Certificate from Embassy of
Korea” as to the existence of that law.
SC said it is not enough. This certification, does not qualify
as sufficient proof of the conjugal nature of the property
for there is no showing that it was properly authenticated
by the seal of his office, as required under Section 24 of
Rule 132.
RULE 132: Presentation of Evidence
B. Authentication and Proof of Documents
Section 25; What attestation of copy must state.
OLD RULES 2019 AMENDMENT
SEC. 25. What attestation of copy must state. Sec. 25. What attestation of copy must
—Whenever a copy of a document or record state. - Whenever a copy of a document or
is attested for the purpose of evidence, the record is attested for the purpose of
attestation must state, in substance, that the evidence, the attestation must state, in
copy is a correct copy of the original, or a substance, that the copy is a correct copy
specific part thereof, as the case may be. The of the original, or a specific part thereof, as
attestation must be under the official seal of the case may be. The attestation must be
the attesting officer, if there be any, or if he under the official seal of the attesting
be the clerk of a court having a seal, under officer, if there be any, or if he or she be
the seal of such court.(26a) the clerk of a court having a seal, under the
seal of such court. (25 a)
RULE 132: Presentation of Evidence
B. Authentication and Proof of Documents
Section 26; Irremovability of public record.
OLD RULES 2019 AMENDMENT
SEC. 26. Irremovability of public Sec. 26. Irremovability of public
record. —Any public record, an official record. Any public record, an official
copy of which is admissible in copy of which is admissible in
evidence, must not be removed from evidence, must not be removed
the office in which it is kept, except from the office in which it is kept,
upon order of a court where the except upon order of a court where
inspection of the record is essential to the inspection of the record is
the just determination of a pending essential to the just
case.(27a) determination of a pending case. (26)
RULE 132: Presentation of Evidence
B. Authentication and Proof of Documents
Section 27; Public record of a private document.
OLD RULES 2019 AMENDMENT
SEC. 27. Public record of a Sec. 27. Public record of a
private document.—An private document. — An authorized
authorized public public record of a private document
record of a private document may be may be proved by the original record,
proved by the original record, or by a or by a copy thereof, attested by
copy thereof, attested by the legal the legal custodian of the record,
custodian of the record, with an with an appropriate certificate that
appropriate certificate that such officer such officer has the custody. (27)
has the custody .(28a)
RULE 132: Presentation of Evidence
B. Authentication and Proof of Documents
Section 28; Proof of record.
OLD RULES 2019 AMENDMENT
SEC. 28. Proof of lack of record.—A Sec. 28. Proof of lack of record. - A written
written statement signed by an officer statement signed by an officer having the
having the custody of an official record custody of an official record or by his or
or by his deputy that after diligent her deputy that, after diligent search,
search no record or entry of a specified no record or entry of a specified tenor
tenor is found to exist in the records of is found to exist in the records of his or
his office, accompanied by a certificate her office, accompanied by a certificate
as above provided, is admissible as
as above provided, is admissible as evidence that the records of his or her
evidence that the records of his office office contain no such record or entry.
contain no such record or entry.(29) (28a)
RULE 132: Presentation of Evidence
B. Authentication and Proof of Documents
Section 29; How is judicial record
impeached.
OLD RULES 2019 AMENDMENT
SEC. 29. How judicial record Sec. 29. How judicial record impeached.
impeached. —Any judicial record Any judicial record may be impeached by
evidence of:
may be impeached by
evidence of: (a) want of jurisdiction in (a) want of jurisdiction in the court or
the court or judicial officer, (b) judicial officer;
collusion between the parties, or (c) (b) collusion between the parties; or
fraud in the party offering the fraud in the party offering the
record, in respect to the record, in respect to the
proceedings.(30a) proceedings. (29)
RULE 132: Presentation of Evidence
B. Authentication and Proof of Documents
Section 30; Proof of notarial documents.
OLD RULES 2019 AMENDMENT
SEC. 30. Proof of notarial documents.— Sec. 30. Proof of notarial documents.
Every instrument duly acknowledged or -Every instrument duly acknowledged
proved and certified as provided by law, or proved and certified as provided by
may be presented in evidence without law, may be presented in evidence
further proof, the certificate of without further proof,the
acknowledgment being prima certificate of
facie evidence of the execution of the acknowledgment being prima facie
instrument or document involved.(31a) evidence of the execution of the
instrument or document involved. (30)
RULE 132: Presentation of Evidence
B. Authentication and Proof of Documents
Section 31; Alteration in document, how explain.
OLD RULES 2019 AMENDMENT
SEC. 31. Alterations in document, how to explain. Sec. 31. Alteration in document, how to explain.
—The party producing a document as genuine -The party producing a document as
which has been altered and appears to have been genuine which has been altered and appears to
altered after its execution, in a part material to have been altered after its execution, in a part
the question in dispute, must account for the material to the question in dispute, must
alteration. He may show that the alteration was account for the alteration. He or she may show
made by another, without his concurrence, or that the alteration was made by another,
was made with the consent of the parties without his or her concurrence, or was
affected by it, or was otherwise properly or made with the consent of the parties affected
innocently made, or that the alteration did not by it, or was otherwise properly or
change the meaning or language of the innocently made, or that the alteration
instrument. If he fails to do that, the document did not change the meaning or language
shall not be admissible in evidence.(32a) of the instrument. If he or she fails to do that,
the document shall not be admissible in
evidence. (31a)
RULE 132: Presentation of Evidence
B. Authentication and Proof of Documents
Section 32; Seal.
OLD RULES 2019 AMENDMENT
SEC. 32. Seal.—There shall be no Sec. 32. Seal. - There shall be no
difference between sealed difference between sealed and
and unsealed private documents unsealed private documents insofar as
insofar as their admissibility as their admissibility as evidence
evidence is concerned.(33a) is concerned. (32)
RULE 132: Presentation of Evidence
B. Authentication and Proof of Documents
Section 33; Documentary evidence in an unofficial language.
OLD RULES 2019 AMENDMENT
Section 33. Documentary evidence Section 33. Documentary evidence
in an unofficial language. — in an unofficial language. —
Documents written in an unofficial Documents written in an unofficial
language shall not be admitted as language shall not be admitted as
evidence, unless accompanied with evidence, unless accompanied with
a translation into English or Filipino. a translation into English or Filipino.
To avoid interruption of To avoid interruption of
proceedings, parties or their proceedings, parties or their
attorneys are directed to have such attorneys are directed to have such
translation prepared before trial. translation prepared before trial.
RULE 132: Presentation of
Evidence C. Offer and Objection
SECTION 34; Offer of evidence
OLD RULES 2019 AMENDMENT
Section 34. Offer of evidence. — Section 34. Offer of evidence. —
The court shall consider no The court shall consider no
evidence which has not been evidence which has not been
formally offered. The purpose formally offered. The purpose for
for which the evidence is which the evidence is offered
offered must be specified. must be specified.
RULE 132: Presentation of Evidence
C. Offer of evidence
Section 35; When to make an offer.
OLD RULES 2019 AMENDMENT
Section 35. When to make offer. — As Section 35. When to Make Offer. — All
regards the testimony of a witness, the evidence must be offered orally.
offer must be made at the time the The offer of the testimony of a witness in
witness is called to testify. evidence must be made at the time the
witness is called to testify.
Documentary and object evidence shall
be offered after the presentation of a The offer of documentary and object
party's testimonial evidence. Such offer evidence shall be made after the
shall be done orally unless allowed by presentation of a party’s
the court to be done in writing. testimonial evidence.
RULE 132: Presentation of Evidence
C. Offer of evidence
Section 36;
Objection.
(a) that the petitioner expects to be a party to an action in a (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 court of the Philippines by is presently unable to bring it or cause it to
be brought; be 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 (e) the names and addresses of the persons to be examined
and the substance of the testimony which he expects to elicit from and the substance of the testimony which he expects to elicit from
each, and shall ask for an order authorizing the petitioner to take the each, and shall ask for an order authorizing the petitioner to take the
depositions of the persons to be examined named in the petition for depositions of the persons to be examined named in the petition for
the purpose of perpetuating their testimony. the purpose 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 petitioner
will apply to the court, at a time and place will apply to the court, at a time and place
named therein, for the order described in the named therein, for the order described in the
petition. At least twenty (20) days before the petition. At least twenty (20) days before the
date of hearing the notice shall be served in date of hearing the notice shall be served in
the manner provided for service of summons. the manner provided for service of summons.
RULE 134: Perpetuation of
Testimony Section 4. Order of
examination
OLD RULES accordance with Rule 24 before the hearing.
Section 4. Order of examination. — If the
court is satisfied that the perpetuation of the
testimony may prevent a failure or delay of
justice, it shall make an order designating or
describing the persons whose deposition
may be taken and specifying the subject
matter of the examination, and whether the
depositions shall be taken upon oral
examination or written interrogatories. The
depositions may then be taken in
2019 AMENDMENT
Section 4. Order of examination. — If
the court is satisfied that the perpetuation
of the testimony may prevent a failure or
delay of justice, it shall make an order
designating or describing the persons
whose deposition may be taken and
specifying the subject matter of the
examination, and whether the depositions
shall be taken upon
oral examination or written
interrogatories. The depositions may then
be taken in accordance 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 the deemed to refer to the court in which the
petition for such deposition was filed. petition for such deposition was filed.
RULE 134: Perpetuation of
Testimony Section 6. Use of
deposition
OLD RULES 24.
Section 6. Use of deposition. — If a
deposition to perpetuate testimony is
taken under this rule, or if, although
not so taken, it would be
admissible in evidence, it may be
used in any action involving the
same subject matter subsequently
brought in accordance with the
provisions of Sections 4 and 5 of Rule
2019 AMENDMENT
Section 6. Use of deposition. — If
a deposition to perpetuate testimony
is taken under this rule, or if, although
not so taken, it would be
admissible in evidence, it may be
used in any action involving the
same subject matter subsequently
brought in accordance with the
provisions of Sections 4 and 5 of Rule
24.
RULE 134: Perpetuation of
Testimony Section 7. Deposition
pending appeal
OLD RULES thereof as if the action was pending therein.
Section 7. Depositions pending appeal. — If an
appeal has been taken from a judgment of the
Regional Trial Court or before the taking of an
appeal if the time therefor has not expired, the
Regional Trial Court in which the judgment was
rendered may allow the taking of depositions of
witnesses to perpetuate their testimony for use
in the event of further proceedings in the said
court. In such case the party who desires to
perpetuate the testimony may make a motion in
the said Regional Trial Court for leave to take the
depositions, upon the same notice and service
2019 AMENDMENT
Section 7. Depositions pending appeal. — If
an appeal has been taken from a judgment of
the Regional Trial Court or before the taking
of an appeal if the time therefor has not
expired, the Regional Trial Court in which the
judgment was rendered may allow the taking
of depositions of witnesses to perpetuate their
testimony for use in the event of further
proceedings in the said court. In such case
the party who desires to perpetuate the
testimony may make a motion in the said
Regional Trial Court for leave to take the
depositions, upon the same notice and
service 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.