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MATRIX OF AMENDMENTS

TO THE RULES ON EVIDENCE

JUDGE GENER M. GITO, LL.M., D.C.L.


RULE 128: General Provisions
SECTION 1:
Evidence defined.
OLD RULE 2019 AMENDMENT
Section 1. Evidence defined. Section 1. Evidence defined.
Evidence is the means, Evidence is the means,
sanctioned by these rules, sanctioned by these rules,
of ascertaining in a judicial of ascertaining in a judicial
proceeding the proceeding the
truth respecting a matter of truth respecting a matter of
fact. fact.
RULE 128: General Provisions
SECTION 2:
Scope.
OLD RULE 2019 AMENDMENT
Section 2. Scope. The rules Section 2. Scope. The rules
of evidence shall be the of evidence shall be the
same in all courts and in all same in all courts and in all
trials and hearings, except trials and hearings, except
as otherwise provided by as otherwise provided by
law or these rules. law or these rules.
RULE 128: General Provisions
SECTION 3:
Admissibility of Evidence
OLD RULE 2019 AMENDMENT
Section 3. Admissibility Section 3. Admissibility
of evidence. Evidence is of Evidence. Evidence is
admissible when it is admissible when it is
relevant to the issue and is relevant to the issue and is
not excluded by the law of not excluded by
these rules. the Constitution, the law
of these rules.
Section 3, Rule 128
Admissibility of Evidence
The new rule clarifies that the competency of the evidence is
not only determined by the Rules of Court and the law, but also
by the constitution.
There are exclusionary rule in the Constitution. For instance,
Section 3, in relation to Section 2 of Article III of the
Constitution. Section 12(3) in relation to Section 17 of Article III.
Thus, the new Rule deemed it to include the Constitution in
Section 3, because it also provide rules for excluding evidence
in the court of justice.
RULE 128: General Provisions
SECTION 4:
Relevancy; collateral matters.
1997 RULES OF COURT 2019 AMENDMENT
Section 4. Relevancy; collateral Section 4. Relevancy; collateral
matters. Evidence must have such a matters. Evidence must have such a
relation to the fact in issue as to induce relation to the fact in issue as to induce
belief in its existence or nonexistence. belief in its existence or nonexistence.
Evidence on collateral matters shall not Evidence on collateral matters shall not
be allowed, except when it tends in be allowed, except when it tends in
any reasonable degree to establish any reasonable degree to establish
the probability or improbability of the the probability or improbability of the
fact in issue. fact in issue.
RULE 129: What Need Not Be Proved
SECTION 1:
Judicial Notice; when mandatory
OLD RULES 2019 AMENDMENT
Section 1. Judicial notice; when mandatory. A Section 1. Judicial notice; when mandatory. A
court shall take judicial notice, without the court shall take judicial notice, without the
introduction of evidence, of the existence and introduction of evidence, of the existence and
territorial extent of states, their political history , territorial extent of states, their political history ,
forms of government and symbols of nationality, forms of government and symbols of nationality,
the law of nations, the admiralty and maritime the law of nations, the admiralty and maritime
courts of the world and their seals, the political courts of the world and their seals, the political
constitution and history of the Philippines, the constitution and history of the Philippines, official
official acts of legislative, executive and judicial acts of the legislative, executive and judicial
departments of the Philippines, the laws of departments of the National Government of the
nature, the measure of time, and the Philippines, the laws of nature, the measure of
geographical divisions. time, and the geographical divisions.
Social Justice Society vs.
Altienza, GR No. 156052, Feb. 13
2008
While courts are required to take judicial notice of the laws enacted by
Congress, the rule with respect to local ordinances is different. Ordinances
are not included in the enumeration of matters covered by mandatory
judicial notice under Section 1, Rule 129 of the Rules of Court.
Even where there is a statute that requires a court to take judicial notice of
municipal ordinances, a court is not required to take judicial notice of
ordinances that are not before it and to which it does not have access. The
party asking the court to take judicial notice is obligated to supply the
court with the full text of the rules the party desires it to have notice of.
Counsel should take the initiative in requesting that a trial court take judicial
notice of an ordinance even where a statute requires courts to take judicial
notice of local ordinances.
RULE 129: What Need Not Be Proved
SECTION 2:
Judicial Notice; when discretionary
OLD RULES their judicial functions.
Section 2. Judicial notice;
when discretionary. A court
may take judicial notice of
matters which are of public
knowledge, or are capable to
unquestionable
demonstration, or ought to be
known to judges because of
2019 AMENDMENT
Section 2. Judicial notice;
when discretionary. A court
may take judicial notice of
matters which are of public
knowledge, or are capable to
unquestionable
demonstration, or ought to
be known to judges because of
their judicial functions.
RULE 129: What Need Not Be Proved
SECTION 3:
Judicial Notice; when hearing necessary
OLD RULES 2019 AMENDMENT
Section 3. Judicial notice; when Section 3. Judicial notice; when
hearing necessary. During the trial, the hearing necessary. During the pre-trial and
court, on its own initiative, or on request of the trial, the court, motu proprio or upon
a party, may announce its intention to take motion, shall hear the parties on the
judicial notice of any matter and allow the propriety of taking judicial notice of any
parties to be heard thereon. matter.
After the trial, and before judgment or on Before judgment or on appeal, the court,
appeal, the proper court, on its own initiative motu proprio or upon motion, may take
or on request of a party, may take judicial judicial notice of any matter and shall hear
notice of any matter and allow the parties to the parties thereon if such matter is decisive
be heard thereon if such matter is decisive of a material issue in the case.
of a material issue in the case.
Rule 129: What need not be prove
Section 3; Judicial Notice, when hearing
necessary

It is not only during trial that the court or


upon motion from a party, may take
judicial notice of a particular matter; the
same can be done during pretrial.
RULE 129: What Need Not Be Proved
SECTION 4:
Judicial Admissions
OLD RULES 2019 AMENDMENT
Section 4. Judicial admission. An Section 4. Judicial admission. An
admission, verbal or written, made by admission, oral or written, made by the
the party in the course of party in the course of the proceedings
the proceedings in the same case, does in the same case, does not require
not require proof. The admission may proof. The admission may be
be contradicted only by showing contradicted only by showing that it
that it was made through palpable was made through palpable mistake or
mistake or that no such admission was that the imputed admission was not,
made. in fact, made.
Requisites of Judicial Admission

It must be made by a party to a case

It must be made in the course of the


proceedings in the same case

It does not require a particular form.


In the course of the proceedings:
Judicial admission are admission in the following:
1. In the pleadings
2. During trial, either verbal or written manifestation
3. During pretrial
4. In other stages of the judicial proceedings
(Manzanila vs. Waterfields Industries, July 18, 2014)
Other judicial admissions
Admission in the pretrial of civil cases (Sec. 2(d), Rule 18).
Admission during pre-trial in criminal case does not result to
judicial admission. It must comply with Section 2, Rule 118.
◦ Section 2, Rule 118, Pretrial agreement. — All agreements or
admissions made or entered during the pretrial conference
shall be reduced in writing and signed by the accused and
counsel, otherwise, they cannot be used against the accused.
The agreements covering the matters referred to in Section 1
of this Rule shall be approved by the court.
Other judicial admission
How about the stipulations of facts during trial?
It is not required that it be signed the lawyer and the
accused. The stipulation of facts are already contained
in the TSN. The lawyer is presumed to have prima facie
authority to make relevant admission by pleadings, by
oral or written stipulation which unless withdrawn are
conclusive. (People vs. Hernandez, 206 SCRA 25; Silot
vs. Dela Rosa, 543 SCRA 533)
Admission
How about admission in an amended pleading?
Section 8, Rule 10, provides that when a pleading is
amended, the amended pleading supersedes the pleading
that it amends and the admission in the superseded
pleading may be offerred in evidence against the pleader.
But the admission will be treated as extra-judicial
admission (Torres vs. CA, 131 SCRA 24; Ching vs. CA, 331
SCRA 16)
Implied admission
How about admission in a dismissed pleading?
It is merely extrajudicial judicial admission
(Servicewide Specialist Inc., vs. CA, 257 SCRA
643)
Judicial admission
How about admission of a proposed state
witness?
If the motion to discharge an accused as a state
witness is denied, his sworn statement,
submitted to support the motion, shall be
inadmissible in evidence (Sec. 17, Rule 119)
What is the effect of judicial admission?
Judicial admission are legally binding on the party
making the admission. It is an established principle
that judicial admission cannot be contradicted by the
admitter who is the party himself and binds the
person who makes the same, absent any showing
that this was made through palpable mistake, no
amount of rationalization can offset it (PCIC vs.
Central Colleges of the Phil. 666 SCRA 540).
How judicial admissions may be
contradicted?

◦By showing that the admission was made


through palpable mistake

◦The imputed admission was not, in fact,


made
Implied admission
Rule 8, Section 8. How to contest such documents. — When an
action or defense is founded upon a written instrument, copied
in or attached to the corresponding pleading as provided in the
preceding section, the genuineness and due execution of the
instrument shall be deemed admitted unless the adverse party,
under oath, specifically denies them, and sets forth what he
claims to be the facts; but the requirement of an oath does not
apply when the adverse party does not appear to be a party to
the instrument or when compliance with an order for an
inspection of the original instrument is refused.
Allegations, not specifically denied
are admissions
Section 11. Allegations not specifically denied
deemed admitted. — Material averment in the
complaint, other than those as to the amount of
unliquidated damages, shall be deemed admitted
when not specifically denied. Allegations of usury
in a complaint to recover usurious interest are
deemed admitted if not denied under oath.
Rule 130
Rules on Admissibility
OBJECT AS EVIDENCE
RULE 130: Rules of Admissibility
A. Object (Real) Evidence
SECTION 1: Object as evidence
OLD RULES 2019 AMENDMENT
Section 1. Object evidence. Section 1. Object evidence.
Objects as evidence are those Objects as evidence are those
addressed to the senses of the addressed to the senses of the
court. When an object is court. When an object is
relevant to the fact in issue, it relevant to the fact in issue, it
may be exhibited to, examined may be exhibited to, examined
or viewed by the court. or viewed by the court.
Right against self-
incrimination vis-à-vis object
evidence

Rule

The right against self


incrimination cannot
be invoked against
object evidence
Agustin vs CA, GR No. 162571, June 15, 2005
Significantly, we upheld the constitutionality of compulsory
DNA testing and the admissibility of the results thereof as
evidence. In that case, DNA samples from semen recovered
from a rape victim's vagina were used to positively identify the
accused Joel "Kawit" Yatar as the rapist. Yatar claimed that the
compulsory extraction of his blood sample for DNA testing, as
well as the testing itself, violated his right against self
incrimination, as embodied in both Sections 12 and 17 of Article
III of the Constitution. We addressed this as follows:
Agustin vs CA, GR No. 162571, June 15, 2005
“The contention is untenable. The kernel of the right
is not against all compulsion, but against testimonial
compulsion. The right against selfincrimination is
simply against the legal process of extracting from
the lips of the accused an admission of guilt. It does
not apply where the evidence sought to be excluded
is not an incrimination but as part of object
evidence.”
Right against self-
incrimination vis-à-vis object
evidence
[The right against selfincrimination], as put by Mr. Justice
Holmes in Holt vs. United States, "x x x is a prohibition of the
use of physical or moral compulsion, to extort communications
from him x x x" It is simply a prohibition against legal
process to extract from the [accused]'s own lips,
against his will, admission of his guilt. It does not apply
to the instant case where the evidence sought to be
excluded is not an incriminating statement but an
object evidence (G.R. No. 109775, November 14, 1996, 264
SCRA 167, cited in OCA vs. Yu, 2017).
Beltran vs. Samson, 53 Phil. 570
"Writing is something more than moving
the body, or the hand, or the fingers;
writing is not a purely mechanical act
because it requires the application of
intelligence and attention."
Categories of Object Evidence
Objects that have readily identifiable marks
(unique object)
Object that are made identifiable (object
made unique)
Object with no identifying mark
Links in the Chain of Custody
First, the seizure and marking of the confiscated drugs recovered from
the accused
Second, the turnover of the illegal drug seized by the apprehending
officer to the investigating officer
Third, the turnover by the investigating officer of the illegal drug to the
forensic chemist for laboratory examination
Fourth, the turnover and submission of the marked illegal drug by the
forensic chemist to the court (People vs. Kamad, 610 SCRA 295)
RULE 130: Rules of Admissibility
B. Documentary Evidence
SECTION 2: Documentary Evidence
OLD RULES 2019 AMENDMENT
Section 2. Documentary evidence. Section 2. Documentary evidence.
Documents as evidence consist of Documents as evidence consist of
writings, recordings, photographs or
writing or any material containing any material containing letters, words,
letters, words, numbers, sounds, numbers, figures, symbols, or
figures, symbols or other modes of their equivalent, or other modes of
written expression offered as proof written expression offered as proof of
of their contents. their contents. Photographs include
still pictures, drawings, stored images,
x-ray films, motion pictures or videos.
RULE 130: Rules of Admissibility
B. Documentary Evidence
SECTION 2: Documentary
Evidence
The new Rules changed the concept of documentary evidence. Under
the old Rules, there are evidence which are considered object evidence
because they are addressed to the senses of the court; like recordings,
photographs or sound. Under the new rule, they are classified as
documentary evidence.
Thus, under the new formulation, “documentary as evidence consist of
of writings, recordings, photographs or any material containing letters,
words, sounds, numbers, figures, symbols, or their equivalent, or other
modes of written expression offered as proof of their contents.
Photographs include still pictures, drawings, stored images, x-ray
films, motion pictures or videos.”
Documentary evidence under the New
Rules now includes:
Recordings
• Photographs include still pictures,
Photographs drawings, stored images, x-ray
films, motion pictures or videos.

Sounds
RULE 130: Rules of
Admissibility B. Documentary
evidence
Section 3. Original document must be produced; exceptions
OLD RULES 2019 AMENDMENT

1. Best Evidence Rule 1. Original Document Rule

Section 3. Original document must Sec. 3. Original document must be


be produced; exceptions. — When the produced; exceptions. When the subject of
subject of inquiry is the contents of a inquiry is the contents of a document,
document, no evidence shall be admissible writing, recording, photograph or other
other than the original document itself, record, no evidence is admissible other than
except in the following cases: the original document itself, except in
the following cases:
“Original Document Rule”
(it is the former “best evidence
rule”)

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
(Section 3, Rule 130).
Please take NOTE:
Under the New Rules, the best evidence rule was
changed into ORIGINAL DOCUMENT RULE. But despite
the change in nomenclature, the principles governing
“best evidence rule” are still applicable under the
present formulation.
Thus, the jurisprudence and annotations on the
former “best evidence rule” are still applicable to
“original document rule”.
Problem
At the trial for violation of RA 9165, the prosecution
presented as evidence of selling drugs, the xerox copy
of the marked money used in buying shabu. The
defense objected to the presentation of the xerox
copy of the marked money for violation of the
“original document rule.”
If you were the judge, how would you rule on the
objection?
Answer
I will overrule the objection. Original document
rule applies when a document is offered to
prove the contents thereof. Here the marked
money is not offered as documentary evidence
but as an object evidence. It was offered to
prove that selling of drugs occurred. Thus,
original document rule does not apply.
Please take NOTE:
Where the issue is only as to whether such document was
actually executed, or exists, or on the circumstances relevant to
or surrounding its execution, the best evidence rule does not
apply and testimonial evidence is admissible (5 Moran, op. cit.,
pp. 7666; 4 Martin, op. cit., p. 78). Any other substitutionary
evidence is likewise admissible without need for accounting for
the original.(Hernaez, et al. vs. McGrath, etc., et al., 91 Phil[.]
565, cited in Republic vs. Spouses Gimenez, G.R. No. 174673,
January 11, 2016).
Please take NOTE:
When a document is presented to prove its
existence or condition, it is offered not as
documentary, but as real, evidence. Parol
evidence of the fact of execution of the
documents is allowed (Hernaez, et al. vs.
McGrath, etc., et al., 91 Phil[.] 565, cited in
Republic vs. Spouses Gimenez, G.R. No.
174673, January 11, 2016).
RULE 130: Rules of
Admissibility B. Documentary
Evidence
Section 3. Original document must be produced; exceptions
OLD RULES 2019 AMENDMENT
(a) When the original is lost or destroyed, or
(a) When the original has been lost or cannot be produced in court, without bad
faith on the part of the offeror;
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
(b) When the original is in the custody or the evidence is offered, and the latter fails to
under the control of the party against whom produce it after reasonable notice, or the
the evidence is offered, and the latter fails to original cannot be obtained by local judicial
produce it after reasonable notice; processes or procedures;
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.

(b) When a document is in two or more copies


executed at or about the same time, with
identical contents, all such 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
2019 AMENDMENT
(a) An “original” of a document is the document itself
any counterpart intended to have the same effect by a
or photograph includes the negative or any person executing or issuing it. An “orig nal” of a
If data is stored in a computer or similar device, any
i
print therefrom. printout or other output readable means,hown to reflect the data a curat ly, is an
s “original.”
(b) A “duplicate” is a counterpart produced by the same
by sight or other
c e means of photography, including enlargements and
or by chemical reproduction, or by other equivalent
impression as the original, or from the same matrix, or
by miniatures, or by mechanical or electronic re- original unless (1) a genuine question is raised as to the
recording, techniques which accurately reproduce the is unjust or inequi able to admit the duplicate in lieu of
the
original.
original.
(c) A duplicate is admissible to the same extent as an
authenticity of the original, or (2) in the circumstances, it
t
Original Document under the New
Rules Section 4, Rule 130
(a) An “original” of a document is the document itself or any counterpart intended to have the
same effect by a person executing or issuing it. An “original” of a photograph includes the
negative or any print therefrom. If data is stored in a computer or similar device, any printout or
other output readable by sight or other means, shown to reflect the data accurately, is an
“original.”
(b) A “duplicate” is a counterpart produced by the same impression as the original, or from the
same matrix, or by means of photography, including enlargements and miniatures, or by
mechanical or electronic rerecording, or by chemical reproduction, or by other equivalent
techniques which accurately reproduce the original.
(c) A duplicate is admissible to the same extent as an original unless (1) a genuine question is
raised as to the authenticity of the original, or (2) in the circumstances, it is unjust or inequitable
to admit the duplicate in lieu of the original.
RULE 130: Rules of
Admissibility B. Documentary
Evidence
Section 5. When original document is unavailable
OLD RULES witnesses in the order stated.
Section 5. When original document
is unavailable. When the original
document has been lost or destroyed, or
cannot be produced in court, the offeror,
upon proof of its execution or existence
and the cause of its unavailability without
bad faith on his part, may prove its
contents by a copy, or by a recital of
its contents in some authentic
document, or by the testimony of
2019 AMENDMENT
Section 5. When original document
is unavailable. When the original
document has been lost or destroyed,
or cannot be produced in court, the
offeror, upon proof of its execution or
existence and the cause of its
unavailability without bad faith on his or
her part, may prove its contents by a
copy, or by recital of its contents in
some authentic document, or by the
testimony of witnesses in the order
stated.
How do you present secondary
evidence when the original is
unavailable?
1. The offeror must prove its due existence and
execution

2. The offeror must prove its unavailability

3. The offeror must prove that its unavailability


was without bad faith on the part of the offeror.
What is the secondary evidence
when the original documents is
unavailable?
1. By a copy.

2. By recital of its contents in some authentic


document.
3. By the testimony of witnesses in the order
stated.
RULE 130: Rules of
Admissibility B. Documentary
Evidence
Section 6. When original document is in adverse party's custody or
control.
OLD RULES secondary evidence may be presented
Section 6. When original document is as in the case of its loss.
in adverse party's custody or control. If
the document is in the custody or
under the control of adverse party, he
must have reasonable notice to
produce it. If after such notice and
after satisfactory proof of its existence,
he fails to produce the document,
2019 AMENDMENT
Section 6. When original document is
in adverse party's custody or
control. If the document is in the
custody or under the control of the
adverse party, he or she must have
reasonable notice to produce it. If
after such notice and after
satisfactory proof of its existence, he
or she fails to produce
the document, secondary evidence
may be presented as in the case of its
loss.
How do you present secondary evidence when
the original is in adverse party custody or control?
1. The offeror must prove its existence

2. Document is under the custody or control of the adverse


party
3. Proponent has given the other party reasonable
opportunity to produce the document
4. The other party failed to produce the original document
despite the reasonable notice
What is the secondary evidence when the
original documents is under the control or
custody of the adverse party?
1. By a copy.

2. By recital of its contents in some authentic


document.
3. By the testimony of witnesses in the order
stated.
RULE 130: Rules of
Admissibility B. Documentary
Evidence Section 7; Summaries
OLD RULES 2019 AMENDMENT
Section 7. Summaries. – When the contents of
documents, records, 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. The court may order
that they be produced in court. (n)
How do you introduce evidence the
documents consist of numerous accounts
and voluminous?
1. The offeror must show that the
documents are voluminous
2. That they cannot be examined in court
without great lost of time
3. The fact sought to be established from
them is only the general result.
What is the secondary evidence when
the original documents
is under the control or custody of the adverse party?

It will be in the form of a chart,


summary, or calculation.
Please take NOTE:
The originals shall be available for
examination or copying, or both, by the
adverse party at a reasonable time and
place. The court may order that they be
produced in court (Section 7, Rule 130).
RULE 130: Rules of Admissibility
B. Documentary Evidence
Section 8; Evidence admissible when original document is a
public record.
OLD RULES 2019 AMENDMENT
Section 7. Evidence admissible Section 8. Evidence admissible when
when original document is a public original document is a public record. —
record. — When the original of When the original of a document is in
document is in the custody of public the custody of a public officer or is
officer or is recorded in a public recorded in a public office, its contents
office, its contents may be proved by a may be proved by a certified copy
certified copy issued by the public issued by the public officer in custody
officer in custody thereof. thereof.
How do you present secondary when the original is
in the custody of a public officer or is recorded in
a
public office?
When the original of a document is in the
custody of a public officer or is recorded in
a public office, its contents may be proved
by a certified copy issued by the public
officer in custody thereof (Section 8, Rule
130).
Dimaguila vs. Spouses Monteiro,
G.R. No. 201011, January 27,
2014
Anent the best evidence rule, Section 3 (d) of Rule 130 of the Rules of
Court provides that when the subject of inquiry is the contents of a
document, no evidence shall be admissible other than the original
document itself, except when the original is a public record in the
custody of a public officer or is recorded in a public office. Section 7 of
the same Rule provides that when the original of a document is in the
custody of a public officer or is recorded in a public office, its contents
may be proved by a certified copy issued by the public officer in
custody thereof. Section 24 of Rule 132 provides that the record of
public documents may be evidenced by a copy attested by the officer
having the legal custody or the record.
RULE 130: Rules of Admissibility
B. Documentary Evidence
Section 9; Party who calls for document not bound to offer it.
OLD RULES 2019 AMENDMENT

Section 8. Party who calls Section 9. Party who calls


for document not bound for document not bound to offer it.
to offer it. — A party who calls for — A party who calls for the
the production of a document and production of a document and
inspects the same is not obliged to inspects the same is not obliged to
offer it as evidence. offer it as evidence.
RULE 130: Rules of Admissibility
C. Parol Evidence
Section 10; Evidence of written agreements

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;

(d) the existence of other terms agreed to by the part es or their e


successors in interest after the execution of the w itt n
agreement.
What is parole evidence rule?
When the terms of an agreement have been
reduced to writing, it is considered as
containing all the terms agreed upon and there
can be, as between the parties and their
successors in interest, no evidence of such
terms other than the contents of the written
agreement (Section 10, Rule 130).
Applicability
Applies only when there is a written
contract
Applies only to parties and their
successorininterest
It also applies to will
Instances where a party may modify, explain or add
to the terms of written agreement.
(a) An intrinsic ambiguity, mistake or imperfection in the
written agreement;
(b) The failure of the written agreement to express the true
intent and agreement of the parties thereto;
(c) The validity of the written agreement; or
(d) The existence of other terms agreed to by the parties
or their successors in interest after the execution of the
written agreement.
Illustration of exception no. 1
Lito executed a will wherein he bequeathed the amount
of 1 million pesos to Carla Rubio. Lito died. When his will
was probated and later on about to be executed, it
turned out that there were three (3) Carla Rubios’ who
are all friends of Lito.
Assuming that this fact was put as an issue, may parol
evidence be allowed to clarify the ambiguity?
Yes. Because there is intrinsic ambiguity in the will. Under
the rules, will is included in the word “agreement”
Illustration of exception no. 2
Lito sold the land to Carla for the amount of 200,000. The
value of the land is 20M pesos. But, what the parties
actually agreed was Lito would borrow from Carla the
amount of 200,000 and use the land as security.
In an action to recover the parcel of land, may Lito
introduce evidence of the true agreement of the parties?
YES. Because of the failure of the written agreement to
express the true intent of the parties thereto.
Illustration of exception no. 3
Lito sold the land to Carla for 1M. They executed a deed of sale.
They both signed the same. However, Carla has no cash of 1M.
So she told Lito that she would just go to the bank to withdraw.
Carla left Lito together with the DOS and the title to the land.
Unknown to Lito, Carla went to the RD to have the sale
registered.
In an action for cancellation of sale, can Lito introduce
evidence to prove that there is no consideration?
YES. Because the issue is the validity of the instrument.
Illustration of exception no. 4
Lito borrowed money from Carla evidenced by PN which is due and
demandable on Jan. 4, 2017. Come Jan. 4, 2017, Lito did not pay.
Carla sued Lito. Lito argued that that Carla extended the maturity
date of the loan to Jan. 4, 2019. So the loan has not yet matured.
Lito offered evidence to prove the extension. Carla objected on the
ground of parol evidence rule.
Can Lito introduce parol evidence?
YES. Lito may introduced terms agreed upon by the parties or
successor in interest after the execution of the written agreement.
PLEASE TAKE NOTE:

A party must put them as issue in a


verified pleading
Problem
A sells his house to B for 1M. They executed a DOS. A refused to
vacate thereafter. B filed a recovery of possession of real
property. A contended that B verbally agreed to lease out the
same property to A. B objects to the presentation of evidence
to prove lease contract on the ground of parol evidence rule?
Rule on the objection.
Objection overruled.
Parol evidence is not applicable. What is sought to prove here is
the oral contract of lease.
RULE 130: Rules of Admissibility
C. Parol Evidence
Section 10; Evidence of written agreements
OLD RULES 2019 AMENDMENT

4. Interpretation Of Documents 4. Interpretation of Documents


Section 10. Interpretation of a Section 11. Interpretation of a writing
writing according to its legal according to its legal meaning. — The
meaning. — The language of a writing is language of a writing is to be interpreted
to be interpreted according to the legal according to the legal meaning it bears in the
meaning it bears in the place of its place of its execution, unless the parties
execution, unless the parties intended intended otherwise.
otherwise.
RULE 130: Rules of Admissibility
A. Interpretation of documents
Section 12; Evidence of written
agreements
OLD RULES 2019 AMENDMENT

Section 11. Instrument construed so as Section 12. Instrument construed so as


to give effect to all provisions. — In to give effect to all provisions. — In
the construction of an instrument, where the construction of an instrument, where
there are several provisions or particulars, there are several provisions or particulars,
such a construction is, if possible, to be such a construction is, if possible, to be
adopted as will give effect to all. adopted as will give effect to all.
RULE 130: Rules of Admissibility
4. Interpretation of documents
Section 13; Interpretation according to
intention; general and particular provisions.
OLD RULES 2019 AMENDMENT
Section 12. Interpretation according Section 13. Interpretation according to
to intention; general and intention; general and particular
particular provisions. — In the construction provisions. — In the construction of an
of an instrument, the intention of the instrument, the intention of the parties is to
parties is to be pursued; and when a general be pursued; and when a general and a
and a particular provision are inconsistent, particular provision are inconsistent, the
the latter is paramount to the former. So a latter is paramount to the former. So a
particular intent will control a general one particular intent will control a general one
that is inconsistent with it. that is inconsistent with it.
RULE 130: Rules of Admissibility
4. Interpretation of documents
Section 14; Interpretation according to circumstances.
OLD RULES 2019 AMENDMENT
Sec. 13. Interpretation according Sec. 14. Interpretation according
to circumstances. — For the proper to circumstances. — For the proper
construction of an instrument, the construction of an instrument, the
circumstances under which it was made, circumstances under which it was made,
including the situation of the subject thereof including the situation of the subject thereof
and of the parties to it, may be shown, so that and of the parties to it, may be shown, so that
the judge may be placed in the position of the judge may be placed in the position of
those who language he is to interpret. those whose language he or she is to interpret.
(13a)
RULE 130: Rules of
Admissibility 4. Interpretation
of documents
SECTION 14; Peculiar signification of terms.
OLD RULES be construed accordingly.
Sec. 14. Peculiar signification of terms.
— The terms of a writing are presumed
to have been used in their primary and
general acceptation, but evidence is
admissible to show that they have a
local, technical, or otherwise peculiar
signification, and were so used and
understood in the particular instance,
in which case the agreement must
2019 AMENDMENT
Sec. 15. Peculiar signification of
terms. — The terms of a writing are
presumed to have been used in their
primary and general acceptation,
but evidence is admissible to show
that they have a local, technical, or
otherwise peculiar signification, and
were so used and understood in
the particular instance, in which case
the agreement must be construed
accordingly. (14)
RULE 130: Rules of
Admissibility 4. Interpretation
of documents
SECTION 15; Written words control printed
OLD RULES 2019 AMENDMENT
Sec. 15. Written words control Sec. 16. Written words control
printed. — When an instrument printed. — When an instrument
consists partly of written words consists partly of written words
and partly of a printed form, and and partly of a printed form, and
the two are inconsistent, the the two are inconsistent, the
former controls the latter. former controls the latter. (15)
RULE 130: Rules of
Admissibility 4. Interpretation
of documents
SECTION 16; Experts and interpreters to be used in explaining certain writings.
OLD RULES declare the characters or the meaning of
the language.
Sec. 16. Experts and interpreters to be
used in explaining certain writings. —
When the characters in which an
instrument is written are difficult to be
deciphered, or the language is not
understood by the court, the evidence
of persons skilled in decipheringthe
characters, or who
understand the language, is admissible to
2019 AMENDMENT
Sec. 17. Experts and interpreters to be
used in explaining certain writings. —
When the characters in which an
instrument is written are difficult to be
deciphered, or the language is not
understood by the court, the evidence
of persons skilled in decipheringthe
characters, or
who understand the
language, is admissible to declare the
characters or the meaning of the
language. (16)
RULE 130: Rules of
Admissibility 4. Interpretation
of documents
SECTION 17; Of two constructions, which preferred.
OLD RULES was made.
Sec. 17. Of Two constructions, which
preferred. — When the terms of an
agreement have been intended in a different
sense by the different parties to it, that
sense is to prevail against either party in
which he supposed the other understood it,
and when different constructions of a
provision are otherwise equally proper, that
is to be taken which is the most favorable
to the party in whose favor the provision
2019 AMENDMENT
Sec. 18. Of two constructions,
which preferred. — When the
terms of an agreement have been
intended in a different sense by the
different parties to it, that sense is to
prevail against either party in which he or
she supposed the other understood it, and
when different constructions of a
provision are otherwise equally proper,
that is to be taken which is the most
favorable to the party in whose favor the
provision was made. (17a)
RULE 130: Rules of
Admissibility 4. Interpretation
of documents
SECTION 18; Construction in favor of natural right.
OLD RULES adopted.
Sec. 18. Construction in favor
of natural right. —
When an instrument
is equally susceptible of two
interpretations, one in favor of
natural right and the other
against it, the former is to be
2019 AMENDMENT
Sec. 19. Construction in favor
of natural right.
— When
an instrument is
equally susceptible of two
interpretations, one in favor
of natural right and the
other against it, the former is
to be adopted. (18)
RULE 130: Rules of
Admissibility 4. Interpretation
of documents
SECTION 20; Interpretation according to usage
OLD RULES 2019 AMENDMENT
Sec. 19. Interpretation Sec. 20. Interpretation
according to usage. — An according to usage. – An
instrument may be construed instrument may be construed
according to usage, in order to according to usage, in order to
determine its true character. determine its true character.
(19)
RULE 130: Rules of Admissibility
C. Testimonial evidence
1. Qualification of
witness
SECTION 21; Witnesses; their qualifications.
OLD RULES shall not be ground for disqualification.
Sec. 20. Witnesses; their qualifications.
— Except as provided in the next
succeeding section, all persons who can
perceive, and perceiving, can make their
known perception to others, may be
witnesses.
Religious or political belief, interest in the
outcome of the case, or conviction of a
crime unless otherwise provided by law,
2019 AMENDMENT witnesses. (20a)
Sec. 21. Witnesses; their qualifications. Religious or political belief, interest in the
– All persons who can perceive, outcome of the case, or conviction of a
and perceiving, can make crime, unless otherwise provided by law,
known their shall not be a ground for disqualification.
perception to others, may be (20)
RUL 130: Rules of Admissibility
C. Testimonial evidence
E 1. Qualification of
witness
2019 AMENDMENT
OLD RULES
Sec. 21. Disqualification by reason of (a) Those whose mental condition, at the time
mental incapacity or immaturity. — The of their production for examination, is such
following persons cannot be witnesses: that they are incapable of intelligently making
known their perception to others;

This section was deleted under the 2019


Amendments
(b) Children whose mental maturity is such as to
render them incapable of perceiving the facts
respecting which they are examined and of
relating them truthfully.
RULE 130: Rules of Admissibility
C. Testimonial evidence
1. Qualification of
witness
Section 21 was deleted because of the implementation of the Rule on Examination of child
witness. It can be gleaned from the old rule that with respect to a child the presumption is that
he or she is disqualified to testify. The same is true with respect to those whose mental capacity
is incapable of intelligently making known their perception to others.
Under the RECW, every child is presumed qualified to be a witness. However, the court shall
conduct a competency examination of a child, motu proprio or on motion of a party, when it
finds that substantial doubt exists regarding the ability of the child to perceive, remember,
communicate, distinguish truth from falsehood, or appreciate the duty to tell the truth in court
(Sec. 5, RECW).
A "child witness" is any person who at the time of giving testimony is below the age of eighteen
(18) years. In child abuse cases, a child includes one over eighteen (18) years but is found by the
court as unable to fully take care of himself or protect himself from abuse, neglect, cruelty,
exploitation, or discrimination because of a physical or mental disability or condition (Sec.4(a),
RECW).
RULE 130: Rules of Admissibility
C. Testimonial evidence
1. Qualification of
witness
SECTION 22; Testimony confined to personal knowledge.
OLD RULES 2019 AMENDMENT
Section 36. Testimony Section 22. Testimony confined
generally confined to personal knowledge. — A
to personal knowledge; witness can testify only to those facts
hearsay excluded. — A witness which he or she knows of his or
can testify only to those facts which her personal knowledge; that is,
he knows of his personal which are derived from his or her own
knowledge; that is, which are derived perception, except as otherwise
from his own perception, except as provided in these rules.
otherwise provided in these rules.
RULE 130: Rules of Admissibility
C. Testimonial evidence
1. Qualification of
witness
SECTION 23; Disqualification by reason of marriage
OLD RULES ascendants.
Sec. 22. Disqualification by reason
of marriage. — During their
marriage, neither the husband nor the
wife may 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
2019 AMENDMENT
Sec. 23. Disqualification by reason
of marriage. – During their marriage,
the husband or the wife cannot
testify 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. (22a)
RULE 130: Rules of Admissibility
C. Testimonial evidence
1. Qualification of
witness
SECTION 23; Disqualification by reason of marriage
1. A spouse is cannot testify against his or her spouses
without the consent of the affected spouse. Under the old Rule,
the disqualification applies even if the spouse will be testifying
in his or her favor. Probably, the Revision Committee thought
that seldom do we find a situation where the affected spouse
will object to his or her spouse testifying in his or her favour.
2. Thus, under the present Rules, the disqualification is
applicable only when the spouses will testify against the
affected spouse.
Illustration
Before the marriage of H and W, W witnessed H killing Y. W
did not report the incident to the police. Later, H and W got
married. They had falling out. Consequently, W reported
the incident she witnessed when they were still
sweethearts.
May the prosecution present W as a witness in a murder
case filed against H?
Supposed W was called to testify after their marriage had
been annulled, would your answer be the same?
Answer
1. Over the objection of H, the prosecution may not call W
to testify against H. To call W to testify against H while their
marriage is still would violate the marital disqualification
rule.

2. My answer would not be the same. Since the marriage is


not anymore existing, the marital disqualification rule
would not apply.
Exception

“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.
Problem
W filed a collection suit against the father of H. The
father of the H called H to testify against the W. W
objected.
Rule on the objection.
Answer: The husband is barred to testify against wife
if the latter objects. It is not a case by one spouse
against the other but between a spouse and the
parent of the other.
Cases on Marital Disqualification Rule

Ordono vs. Daquigan, 62 SCRA 270

People vs. Quitado, 297 SCRA 1

Alvarez vs. Ramirez, 473 SCRA 72


May a spouse testify in a trial where the
other spouse is a co-accused?

Yes, except as against her husband.


People vs. Quitado, 297 SCRA 1.
May a spouse testify in a trial against her
estranged husband?

Yes.
Alvarez vs. Ramirez, 473 SCRA
72.
RUL OLD RULES

E
130: Rules of . Testimonial evidence 1.
Qualification of witness
Admissibility
C 2019 AMENDMENT

Section 23. Disqualification by reason of death


or insanity of adverse party. — Parties or
assignor of parties to a case, or persons in
whose behalf a case is prosecuted, against This was deleted already
an executor or administrator or other
representative of a deceased person, or The “DEAD MAN STATUTE” is dead.
against a person of unsound mind, upon a claim
or demand against the estate of such deceased It is now allowed as an exception to the hearsay
person or against such person of unsound mind, rule under Section 39, Rule 130.
cannot testify as to any matter of fact
occurring before the death of such
deceased person or before such person became
of unsound mind.
RULE 130: Rules of Admissibility
C. Testimonial evidence
1. Qualification of
witness
SECTION 24; Disqualification by reason of privileged communications.
OLD RULES latter's direct descendants or ascendants;
Sec. 24. Disqualification by reason of
privileged communication. — The following
persons cannot testify as to matters learned in
confidence in the following cases:
(a) The husband or the wife, during or after the
marriage, cannot be examined without the
consent of the other as to any communication
received in confidence by one from the other
during the marriage 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
2019 AMENDMENT
Sec. 24. Disqualification by reason of
privileged communications. – The following
persons cannot testify as to matters learned in
confidence in the following cases:
(a) The husband or the wife, during or after
the marriage, cannot be examined without
the consent of the other as to any
communication received in confidence by one
from the other during the marriage 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.
Disqualification by Reason of Privilege
Communication 1. Husband and Wife
The husband or the wife, during or after the marriage,
cannot be examined without the consent of the other
as to any communication received in confidence by
one from the other during the marriage 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.
(Section 24(a), Rule 130).
Elements for Applicability

There must be a valid marriage between the


husband and wife
There is a communication received in
confidence by one from the other.
The confidential information was received
during marriage.
Illustration
H and W were sweethearts. H confided something to W and
told the latter not to tell the same to anyone. Later, they got
married. After several years, their Marriage got annulled. It
turned out that what was told by H to W was that he was the
one who bombed the hotel. In the prosecution for terrorism
against H, the prosecution called W to the witness stand. H
objection on the ground of “marital privilege communication.
Rule on the objection.
Objection should be denied. The confidential information was
not received during marriage.
Illustration No. 2
Supposing the information was received by W from H
during their marriage, but W was called to testify after
their marriage was annulled. Will W be allowed to
testify over the objection of H?
No. W should not be allowed to testify against H, if the
latter objects. The wife who received the information
in confidence may not be called to testify thereon
even after marriage.
When is information
considered confidential?

The general rule is that communications


between spouses is presumed confidential
unless shown otherwise.
Communications made in the presence of third
person are not confidential unless the third
person may be considered as agent of the
spouses.
Who is covered by the disqualification?

Only spouses are


covered. Third
persons are not
RULE 130: Rules of Admissibility
C. Testimonial evidence
1. Qualification of
witness
SECTION 24; Disqualification by reason of privileged communications.
OLD RULES
Sec. 24. Disqualification by reason of ommunications.
The following persons cannot testify as to m –
communication. — The following persons cannot
privileged testify as to matters learned in
follow ng cases: i
confidence in the licensed to engage in the practice of law can not, without the
by the client to him or her, or his or her advice given thereon in
client, be examined as toxxx any communication made the course of, or with a view to, professional loyment nor can
(b) An attorney em
the course of, or cannot, without
with a view the consent of his
to, professional assisting the attorney be examined without th e consent of
dge
employment, norhim,
can or
an his
attorney's secretary, of which has been acquired in such capacit y, except in
stenographer, or cle k be amined, withoutthereon
by the client to advice given the in

any fact the knowledge


r ofewhich
x has been acquired lawyer were sought or obtained to enable o r aid anyone to
consent of the client and his employer, concerning
in such capacity;
RULE 130: Rules of Admissibility
C. Testimonial evidence
1. Qualification of
witness
SECTION 24; Disqualification by reason of privileged communications.
OLD RULES
Sec. 24. Disqualification by reason of privileged communications. – The
Sec. 24. Disqualification by reason of
communication. — The following persons cannot following cases:
privileged testify as to matters learned in
follow ng cases: i
relevant to an issue between parties who claim through the same
confidence in the intestate r by in er vivos transa tion;

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?

1. Any communication made by the client


2. Advice given thereon in the course of, or
with a view to,
3. Any fact the Rule 130).
acquired in
knowledge of
which has
been such
capacity.
(Section 24(b),
What are exceptions to this privilege?
1. 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. (Section
24(b), Rule 130).
What are exceptions to this privilege?
2. Claimants through same deceased
client. As to a 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;
(Section 24(b), Rule 130).
What are exceptions to this privilege?
3. 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; (Section24 (b), Rule
130).
What are exceptions to this privilege?
4. Document attested by the lawyer.
As to a communication relevant to
an issue concerning an attested
document to which the lawyer is an
attesting witness; (Section24 (b),
Rule 130).
What are exceptions to this privilege?
5. 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. (Section24
(b), Rule 130).
RULE 130: Rules of Admissibility
C. Testimonial evidence
1. Qualification of
witness
SECTION 24; Disqualification by reason of privileged communications.
OLD RULES
Sec. 24. Disqualification by reason of privileged communications. – The
Sec. 24. Disqualification by reason of
privileged communication. — The following following cases:
persons cannot testify as to matters learned in
confidence in the following cases: (c) A physician, psychotherapist or person reasonably believed by the
xxx au e for the purpose odi
treatment of the at nt’s physi , menta or emotional condi
c) A person authorized to practice medicine, surgery u , t
or obstetrics cannot in a civil case, without the o
includin members f the pati nt’s amily, who ha e partic p a
consent of the patient, be examined as to any g r
advice or treatment given by him or any
information which he may have acquired in
attending such patient in a professional (a) A person
capacity, which information was a mental or emotional condition, or
necessary to enable him to act in capacity, and
which would blacken the reputation of the patient; engaged.
Disqualification by Reason of Privilege
Communication 3. Doctor and Patient
A physician, psychotherapist or person reasonably believed by the
patient to be authorized to practice medicine or psychotherapy
cannot in a civil case, without the consent of the patient, be
examined as to any confidential communication made for the
purpose of diagnosis or treatment of the patient’s physical, mental
or emotional condition, including alcohol or drug addiction,
between the patient and his or her physician or psychotherapist.
This privilege also applies to persons, including members of the
patient’s family, who have participated in the diagnosis or treatment
of the patient under the direction of the physician or
psychotherapist. (Section 24(c), Rule 130).
Who are covered by the privilege?
1. A physician,
2. Psychotherapist
3. Person reasonably believed by the patient to be authorized to
practice medicine or psychotherapy
4. Persons, including members of the patient’s family, who have
participated in the diagnosis or treatment of the patient under
the direction of the physician or psychotherapist. (Section
24(c), Rule 130).
Who is a “psychotherapist”?
A “psychotherapist” is:
(a) A person licensed to practice medicine
engaged in the diagnosis or treatment of
a mental or emotional condition, or
(b) A person licensed as a psychologist by the
government while similarly engaged.
(Section 24(c), Rule 130).
What matters are considered privilege?
Any confidential communication made for the
purpose of diagnosis or treatment of the
patient’s physical, mental or emotional
condition, including alcohol or drug addiction,
between the patient and his or her physician
or psychotherapist. (Section 24(c), Rule 130).
Problem
In a Guardianship proceedings, the oppositor filed a motion to have the
subject of petition be examined by a psychiatrist to determine his mental
capacity. The motion was granted by the Court. The subject of petition was
examined. After the examination, the party examined requested for the
result of the examination. The requesting party also requested from the
party examined, the result of the report.
During the proceedings, the requesting party called to the witness stand the
psychiatrist to testify on the examination conducted. The party examined
objected on the ground of doctorpatient privilege?
Rule on the objection.
Answer
Objection overruled.
By requesting and obtaining a report of the examination so
ordered or by taking the deposition of the examiner, the party
examined waives any privilege he may have in that action or any
other involving the same controversy, regarding the testimony
of every other person who has examined or may thereafter
examine him in respect of the same mental or physical
examination (Section 4, Rule 28).
Please take note:
In an action in which the mental or physical
condition of a party is in controversy, the court
in which the action is pending may in its
discretion order him to submit to a physical or
mental examination by a physician (Section 1,
Rule 28).
Problem
In the prosecution for adultery filed by the Husband against
the wife, the prosecution called to the witness stand the
OBGyne who examined the Wife to testify that she was the
one who attended the giving birth of the Wife. The husband
is impossible to sire a child with the Wife as he is impotent.
The wife objected on the ground of doctorpatient privilege.
Rule on the objection.
Answer
Objection overrueld. It is only applicable
to civil cases.
(Section 24(c), Rule 130).
RULE 130: Rules of Admissibility
C. Testimonial evidence
1. Qualification of
witness
SECTION 24; Disqualification by reason of privileged communications.
OLD RULES 2019 AMENDMENT
Sec. 24. Disqualification by reason of Sec. 24. Disqualification by reason of
privileged communication. — The following privileged communications. – The following
persons cannot testify as to matters learned in
persons cannot testify as to matters learned in confidence in the following cases:
confidence in the following cases:
xxx
xxx (d) A minister, priest or person reasonably believed
to be so cannot, without the consent of the
(d) A minister or priest cannot, without the affected person, be examined as to any
consent of the person making the confession, be communication or confession made to or any
examined as to any confession made to or any advice given by him or her, in his or her
advice given by him in his professional character professional character, in the course of discipline
in the course of discipline enjoined by the church enjoined by the church to which the minister or
to which the minister or priest belongs; priest belongs.
Disqualification by Reason of Privilege
Communication 4. Priest and Penitent
A minister, priest or person reasonably believed to be
so cannot, without the consent of the affected
person, be examined as to any communication or
confession made to or any advice given by him or her,
in his or her professional character, in the course of
discipline enjoined by the church to which the
minister or priest belongs. (Section 24(d), Rule 130).
Who are covered by the privilege?
1. A minister
2. Priest
3. Person reasonably believed to be so
(Section 24(d), Rule 130).
What mattes are considered privilege?
Any communication or confession
made to or any advice given by him or
her (Section 24(d), Rule 130).
Under what circumstance should the communication
or advice given be considered privilege?

It must be made in his or her professional


character, and in the course of the discipline
enjoined by the church to which the minister or
priest belongs. (Section 24(d), Rule 130).
RULE 130: Rules of Admissibility
C. Testimonial evidence
1. Qualification of
witness
SECTION 24; Disqualification by reason of privileged communications.
OLD RULES 2019 AMENDMENT
Sec. 24. Disqualification by reason of
Sec. 24. Disqualification by reason of privileged communications. – The following persons
privileged communication. — The following cannot testify as to matters learned in confidence in the
persons cannot testify as to matters learned in following cases:
confidence in the following cases: xxx
xxx (e) A public officer cannot be examined during or after his
or her tenure as to communications made to him or her
(e) A public officer cannot be examined during his in official confidence, when the court finds that the
public interest would suffer by the disclosure.
term of office or afterwards, as to
The communication shall remain privileged, even in the
communications made to him in hands of a third person who may have obtained the
official confidence, when the court finds that information, provided that the original parties to the
the public interest would suffer by the disclosure. communication took reasonable precaution to protect its
confidentiality. (24a)
(21a)
Disqualification by Reason of Privilege
Communication 5. Public Officer
A public officer cannot be examined during or
after his or her tenure as to communications
made to him or her in official confidence,
when the court finds that the public interest
would suffer by the disclosure. (Section
24(e), Rule 130).
Who and what is covered by the privilege?

A public officer who received


communication in official confidence.
The communication received in official
confidence is privilege. (Section 24(e),
Rule 130).
Can a public officer be examined after his
tenure on such communication?

No. The Rules says: “A public officer cannot be


examined during or after his or her tenure as
to communications made to him or her in
official confidence, when the court finds that
the public interest would suffer by the
disclosure.” (Section 24(e), Rule 130).
Please take NOTE:
The communication shall remain privileged,
even in the hands of a third person who may
have obtained the information, provided that
the original parties to the communication took
reasonable precaution to protect its
confidentiality. (Section 24(e), Rule 130).
RULE 130: Rules of Admissibility
C. Testimonial
evidence 2.
Testimonial privilege
Section 25; Parental and Filial Privilege
OLD RULES 2019 AMENDMENT
Section 25. Parental and filial privilege. Section 25. Parental and Filial Privilege.
— No person may be compelled to — No person shall be compelled to
testify against his parents, other direct testify against his or her parents, other
ascendants, children or other direct direct ascendants, children or other
descendants direct descendants, except when such
testimony is indispensable in a crime
against that person or by one parent
against the other.
Filial and Parental Privilege
Parental Filial
privilege privilege
A parent cannot be A child may not be
compelled to testify compelled to testify
against his child or against his parent or
direct descendants direct ascendants
Under the Amendment:

When such testimony is indispensable in a


crime against that person or by one parent
against the other, the privilege will not apply
(Section 25, Rule 130).
RULE 130: Rules of Admissibility
C. Testimonial
evidence 2.
Testimonial privilege
Section 26; Privilege Relating to Trade Secrets.
OLD RULES 2019 AMENDMENT
Section 26. Privilege Relating to Trade
Secrets. — A person cannot be
No counterpart provision compelled to testify about any trade
secret, unless the non-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.
RULE 130: Rules of Admissibility
C. Testimonial evidence
3. Admission and
Confession
Section 27; Admission of a Party
OLD RULES 2019 AMENDMENT
Section 26. Admission of a Section 27. Admission of a Party.
party The act, declaration or — The act, declaration or
omission of a party as to a omission of a party as to a
relevant fact may be given in relevant fact may be given in
evidence against him evidence against him or her.
RULE 130: Rules of Admissibility
C. Testimonial evidence
3. Admission and
Confession
Section 28; Offer of Compromise Not Admissible
OLD RULES of guilt.
Section 27. Offer of compromise
not admissible. — In civil cases,
an offer of compromise is not an
admission of any liability, and is not
admissible in evidence against the offeror.
In criminal cases, except those involving
quasioffenses (criminal negligence) or those
allowed by law to be compromised, an offer
of compromise by the accused may be
received in evidence as an implied admission
2019 AMENDMENT
Section 28. Offer of Compromise Not
Admissible. — In civil cases, an offer of
compromise is not an admission of any liability,
and is not admissible in evidence against the
offeror. Neither is evidence of conduct nor
statements made in compromise negotiations
admissible, except
evidence otherwise
discoverable or offered for another purpose,
such as proving bias or prejudice of a witness,
negativing a contention of undue delay, or
proving an effort to obstruct a criminal
investigation or prosecution.
Offer of Compromise in Civil Cases
In civil cases, an offer of compromise is not an
admission of any liability, and is not admissible in
evidence against the offeror. Neither is evidence
of conduct nor statements made in
compromise negotiations admissible,
except evidence otherwise discoverable or offered for
another purpose, such as proving bias or prejudice
of a witness, negativing a contention of undue
delay, or proving an effort to obstruct a criminal
investigation or prosecution (Section 28, Rule 139).
Offer of Compromise in Civil Cases
It is clear in civil cases, offer of
compromise is not an admission of
liability and is not admissible against the
offeror.
Also evidence of conduct or statements
during the compromise negotiation are
inadmissible. (Section 28, Rule 139).
Can the statements or conduct made during
compromise negotiation be admissible in
evidence?
In some instances, YES:
1. Evidence of conduct or statements discovered other
than during the negotiation.
2. If the offer is to prove bias or prejudice of a witness
3. To negate a contention of undue delay
4. To prove an investigation or
effort to
obstruct a
criminal
prosecution
(Section 28, Rule
139).
RULE 130: Rules of Admissibility
C. Testimonial evidence
3. Admission and
Confession
Section 28; Offer of Compromise Not Admissible
OLD RULES 2019 AMENDMENT

Section 28. Offer of Compromise Not Admissible.


Section 27. Offer of compromise not admissible.
xxxx
xxxx In criminal cases, except those involving quasioffenses (criminal
negligence) or those allowed by law to be compromised, an offer of
A plea of guilty later withdrawn, or an compromise by the accused may be received in evidence as an implied
unaccepted offer of a plea of guilty to lesser admission of guilt.
offense, is not admissible in evidence against the A plea of guilty later withdrawn or an unaccepted offer of a plea of
accused who made the plea or offer An offer to guilty to a lesser offense is not admissible in evidence against the
pay or the payment of medical, hospital or other accused who made the plea or offer. Neither is any statement made in
the course of plea bargaining with the prosecution, which does not
expenses occasioned by an injury is not result in a plea of guilty or which results in a plea of guilty later
admissible in evidence as proof of civil or withdrawn, admissible.
criminal liability for the injury. An offer to pay, or the payment of medical, hospital or other expenses
occasioned by an injury, is not admissible in evidence as proof of civil
or criminal liability for the injury.
Offer of Compromise in Criminal Cases
Except in criminal negligence, an offer of
compromise, by the accused may be received in
evidence as an implied admission of guilt.
HOWEVER, an offer to pay, or the payment of
medical, hospital or other expenses occasioned by an
injury, is not admissible in evidence as proof of civil
or criminal liability for the injury. (Section 28, Rule
130).
Plea of Guilty During Plea Bargaining
Negotiation
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 or offer. Neither is any statement
made in the course of plea bargaining with the
prosecution, which does not result in a plea of
guilty or which results in a plea of guilty later
withdrawn, admissible.(Section 28, Rule 130).
Admission during hearing for discharge of accused
to become state witness

Evidence adduced in support of the discharge


shall automatically form part of the trial. If the
court denies the motion for discharge of the
accused as state witness, his sworn statement
shall be inadmissible in evidence. (Section 17,
Rule 119).
RULE 130: Rules of Admissibility
C. Testimonial evidence
3. Admission and
Confession
Section 29; Admission by Third Party
OLD RULES 2019 AMENDMENT
Section 28. Admission by Section 29. Admission by third
third party. — The rights of a party. — The rights of a party
party cannot be prejudiced by cannot be prejudiced by an act,
an act, declaration, or declaration, or omission of
omission of another, except as hereinafter
another, except as hereinafter provided. (28)
provided. (25a)
RULE 130: Rules of Admissibility
C. Testimonial evidence
3. Admission and
Confession
Section 30; Admission by Co-Partner or Agent.
OLD RULES 2019 AMENDMENT
Section 29. Admission by co-partner or agent. — Section 30. Admission by Co-Partner or Agent. —
The act or declaration of a partner or agent of the The act or declaration of a partner or agent
party within the scope of his authority and during authorized by the party to make a statement
the existence of the partnership or agency, may concerning the subject, or within the scope of his
be given in evidence against such party after the or her authority, and during the existence of the
partnership or agency is shown by evidence other partnership or agency, may be given in evidence
than such act or declaration. The same rule against such party after the partnership or
applies to the act or declaration of a joint owner, agency is shown by evidence other than such
joint debtor, or other person jointly interested act or declaration. The same rule applies to the
with the party. act or declaration of a joint owner, joint debtor,
or other person jointly interested with the party
Elements for Applicability
1. The declaration or act of the partner or agent must have
been made or done within the scope of his authority or
when the agent is authorized by the party to make a
statement concerning the subject;
2. The declaration or act must have been done during the
existence of the partnership or agency;
3. The existence of partnership or agency is proven by
evidence other than the declaration or act of the partner
or agent.
Example 1
A, B, and C are partners. A, the managing partner sold the land
owned by the partnership to D, claiming that that B, and C
consented to the sale. A made such manifestation in front of B
and C which was witnessed by X.
Will the act of A, as testified to by X, admissible against B and
C?
Yes. Provided that the existence of the partnership is show by
evidence other than such declaration or act.
Example 2
A, B, and C are partners. Later, they dissolved their
partnership. While the BIR was investigating the
dissolved partnership for tax liabilities, A admitted that
they falsified receipts to evade tax liabilities.
Is the statement of A admissible against B, and C?
No. Because it was done outside the existence of the
partnership.
Problem
Quezon applied for loan with Navarro in the amount of 200K. To secure the
loan, N required Q to execute a PN and REM in favor of N. As proceeds of the
loan, N issued a check in favor of Q . Instead of handing it personally to Q, N
gave the check to Recto, N’s agent, with the instruction not to give the check to
Q, unless told by N. Recto did not give the check to Q, upon the
instruction of N. Meanwhile, Navarro foreclosed the REM on the ground that
Quezon did not pay his loan obligation.
Quezon filed an action for annulment of REM. He claimed that the REM is void
because there is no contract of loan as he did not receive the proceeds of the
loan. Among his evidence is the representation of Recto that he is instructed by
Navarro not to hand the check to him.
Is Quezon’s representation binding to Navarro?
Answer
YES.
The act or representation of Quezon will bind Navarro,
the former being the agent of Navarro. This is on the
assumption that there are other evidence which will
prove the agency other than the act or representation
of Quezon.
Read: Naguiat vs. CA, G.R. No. 118375, October 3,
2003.
RULE 130: Rules of Admissibility
C. Testimonial evidence
3. Admission and
Confession
Section 31; Admission by Conspiritor.
OLD RULES 2019 AMENDMENT
Section 30. Admission by conspirator. Section 31. Admission by Conspirator.
— The act or declaration of a — The act or declaration of a
conspirator relating to the conspiracy conspirator in furtherance of the
and during its existence, may be given conspiracy and during its existence may
in evidence against the coconspirator be given in evidence against the co
after the conspiracy is shown by conspirator after the conspiracy is
evidence other than such act of shown by evidence other than such act
declaration. of declaration.
RULE 130: Rules of Admissibility
C. Testimonial evidence
3. Admission and
Confession
Section 32; Admission by Privies.
OLD RULES 2019 AMENDMENT
Section 31. Admission by privies. Section 32. Admission by Privies.
— Where one derives title to — Where one derives title to
property from another, the act, property from another, the
declaration, or omission of the latter's act, declaration, or
latter, while holding the title, in omission, in relation to the
relation to the property, is property, is evidence against the
evidence against the former. former if done while the latter
was holding the title.
Admission by privies

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. (Section 32, Rule
130).
Who are privies?

“Privies” are persons who are


partakers or have an interest in
any action or thing, or any
relation to another (Black Law
Dictionary)
Requisites for the exception to apply:
1. There must be an act, declaration or omission by a
predecessorininterest;
2. The act, declaration, or omission of the predecessorin
interest must have occurred while he was holding the
title to the property
3. The act, declaration or omission must be in relation to
the property (Sec. 32, Rule 130)
Example
Z inherited a house and lot from his father X. While X was
alive he mortgaged this land to B. He openly told to
everyone that the land was mortgage to B. In a suit for
judicial foreclosure of mortgaged property against Z, B
presented someone who heard X saying that the inherited
property was mortgaged to B. Z objected on the ground
that such statement would not bind him.
Is the declaration X admissible against Z?
Yes. The requisites are complied with.
RULE 130: Rules of Admissibility
C. Testimonial evidence
3. Admission and
Confession
Section 33; Admission by Silence.
OLD RULES against him.
Section 32. Admission by silence. — An
act or declaration made in the
presence and within the hearing or
observation of a party who does or
says nothing when the act or
declaration is such as naturally to call
for action or comment if not true,
and when proper and possible for
him to do so, may be given in evidence
2019 AMENDMENT
Section 33. Admission by Silence. —
An act or declaration made in the
presence and within the hearing or
observation of a party who does or
says nothing when the act or
declaration is such as naturally to call
for action or comment if not true,
and when proper and possible for
him or her to do so, may be given in
evidence against him or her.
RULE 130: Rules of Admissibility
C. Testimonial evidence
3. Admission and
Confession
Section 33; Admission by Silence.
OLD RULES 2019 AMENDMENT
Section 33. Confession. — The Section 34. Confession. — The
declaration of an declaration of an
accused acknowledging his guilt of accused acknowledging his or her
the offense charged, or of any offense guilt of the offense charged, or of
necessarily included therein, may any offense necessarily included
be given in evidence against him. therein, may be given in evidence
against him or her.
RULE 130: Rules of Admissibility
C. Testimonial evidence
4. Previous conduct as evidence
Section 35; Similar Acts .
OLD RULES 2019 AMENDMENT
Section 34. Similar acts as evidence. — Section 35. Similar Acts as Evidence. —
Evidence that one did or did not do a Evidence that one did or did not do a
certain thing at one time is not certain thing at one time is not
admissible to prove that he did or did admissible to prove that he or she did
not do the same or similar thing at or did not do the same or similar thing
another time; but it may be received to at another time; but it may be received
prove a specific intent or knowledge; to prove a specific intent or knowledge,
identity, plan, system, scheme, habit, identity, plan, system, scheme, habit,
custom or usage, and the like. custom or usage, and the like.
RULE 130: Rules of Admissibility
C. Testimonial evidence
4. Previous conduct as evidence
Section 36; Similar Acts.
OLD RULES 2019 AMENDMENT
Section 35. Unaccepted offer. — An Section 36. Unaccepted offer. — An
offer in writing to pay a particular sum offer in writing to pay a particular sum
of money or to deliver a written of money or to deliver a written
instrument or specific personal instrument or specific personal
property is, if rejected without valid property is, if rejected without valid
cause, equivalent to the actual cause, equivalent to the actual
production and tender of money, production and tender of money,
instrument, or property. instrument, or property.
RULE 130: Rules of Admissibility
C. Testimonial
evidence 5. Hearsay
Section 37; Hearsay.
OLD RULES 2019 AMENDMENT
Section 37. Hearsay. — Hearsay is a statement other than
Section 36. Testimony generally confined to one made by the declarant while testifying at a trial or
personal knowledge; hearsay excluded. — A hearing, offered to prove the truth of the facts asserted
witness can testify only to those facts which he therein. A statement is (1) an oral or written assertion or
(2) a non-verbal conduct of a person, if it is intended by
knows of his personal knowledge; that is, which him or her as an assertion. Hearsay evidence is
are derived from his own perception, except as inadmissible except as otherwise provided in these Rule.
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.
What is hearsay?
Hearsay is a statement other than one made by the declarant while testifying at a
trial or hearing, offered to prove the truth of the facts asserted therein. A
statement is (1) an oral or written assertion or (2) a nonverbal 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 Rule.
A statement is not hearsay if the declarant testifies at the trial or hearing and is
subject to crossexamination concerning the statement, and the statement is (a)
inconsistent with the declarant's testimony, and was given under oath subject to
the penalty of perjury at a trial hearing, or other proceeding, or in a deposition; (b)
consistent with the declarant's testimony and is offered to rebut an express or
implied charge against the declarant of recent fabrication or improper influence or
motive; or (c) one of identification of a person made after perceiving him or her
(Section 37, Rule 130).
Let us dissect the definition of hearsay.
1. Hearsay is a statement other than one made by the
declarant while testifying at a trial or hearing, offered
to prove the truth of the facts asserted therein.
2. A statement is (1) an oral or written assertion or (2) a
nonverbal conduct of a person, if it is intended by him
or her as an assertion.
3. Hearsay evidence is inadmissible except as otherwise
provided in these Rule.
Elements of Hearsay
There must be an out of court
statement which was not made by the
declarant in the hearing or trial
The statement is offered by the witness
declarant in court to prove the truth of
the matters asserted by the statement
Therefore:
All statements of an “in trial” witness
is hearsay if it is offered to prove the
substance of such testimony or to
prove the matters asserted by that
statement.
What is covered by word“ statement”
? A statement is:

(1) Oral or written assertion or

(1) Nonverbal conduct of a person, if it is


intended by him or her as an assertion.
Example 1
The prosecution called Lito called to testify that he saw
Luis killed Juan and to identify the affidavit he executed
during police investigation in relation to the crime he
witnessed.
Under the present definition of hearsay, the affidavit
that would be identified by the witness is hearsay
because this affidavit is an out of court written
statement.
Example 2
The prosecution called Lito to testify that he saw Luis
killed Juan and to identify the affidavit he executed
during police investigation in relation to the crime he
witnessed and what he told his wife after seeing Luis
killed Juan.
Under the present definition of hearsay, anything that
Lito told his wife about the fact that Lito killed Juan is
hearsay because that is an oral assertion.
Example 3
The prosecution called Lito to testify that he was asked
by the police on whether he saw Luis at the seen of
the crime, he nodded.
Under the present definition of hearsay, this nodding,
of Lito when asked on whether he saw Luis at the
scene of the crime, is hearsay because it is an out of
court nonverbal conduct indicating an assertion.
Lack of Personal Knowledge
Section 22. Testimony confined to
personal knowledge. — A witness can
testify only to those facts which he or she knows
of his or her personal knowledge; that is, which are
derived from his or her own perception, except as
otherwise provided in these rules.
Example 1
The prosecution presented Roberto to testify that Lito
confided to him that he saw Luis killed Juan. Roberto’s
testimony is offered to prove that Luis killed Juan.
The testimony of Roberto is objectionable based on
lack of personal knowledge. Roberto is testifying on
the statement made by Lito in order to prove the
matters asserted by the latter’s statement.
The subject of testimony is oral statement.
Example 2
The prosecution presented Roberto to testify that Lito
handed to him his written statement detailing how Luis
killed Juan. Roberto’s testimony is offered to prove that Luis
killed Juan.
The testimony of Roberto is objectionable based on lack of
personal knowledge. Roberto is testifying on the oral
statement made by Lito to prove the matters asserted by
the latter’s written statement.
The subject of testimony is a written statement.
Example 3
The prosecution presented Roberto to testify
that he saw Lito pointing to Luis when asked
who killed Juan.
The testimony of Roberto is offered to prove
that Luis killed Juan. It is based on
objectionable lack of personal
knowledge.
The subject of testimony here is nonverbal act.
How do we explain this?
A statement is not hearsay if the declarant testifies at the trial or
hearing and is subject to cross-examination concerning the statement,
and the statement is:
a) inconsistent with the declarant's testimony, and was given under
oath subject to the penalty of perjury at a trial hearing, or other
proceeding, or in a deposition;
b) consistent with the declarant's testimony and is offered to rebut
an express or implied charge against the declarant of recent
fabrication or improper influence or motive; or
c) one of identification of a person made after perceiving him or her
(Section 37, Rule 130).
Example 1
Roberto testified that he saw Luis killed Juan. He was being
crossexamined by the counsel for the defense on the statement
he executed before the police which is inconsistent with his
present testimony.
Objection your Honor. Hearsay because that is an out of court
statement of the witness.
Objection overruled. It is not hearsay. Roberto is crossexamined
on his inconsistent statement. The purpose is to impeach his
testimony.
Example 2
Roberto testified that he saw Luis killed Juan. He was cross
examined by the counsel for the defense on the statement he
executed before the police which is inconsistent with his present
testimony. During redirect, the prosecution confronted Roberto with
an Affidavit he executed before the NBI which is consistent with his
testimony.
Objection your Honor. Hearsay because that is an out of court
statement of the witness.
Objection overruled. It is not hearsay. Roberto is crossexamined on
his consistent statement to rebut the implied charged of fabrication.
Example 3
Roberto testified that he saw Luis killed Juan. He was being cross
examined on how he was able to recognize Luis as the one who
killed Juan.
Objection your Honor. Hearsay because that is an out of court
assertion of the witness.
Objection overruled. It is not hearsay. Roberto is crossexamined on
how he able to identify Juan.
Exception to Hearsay
1. Dying declarations (Sec. 38, Rule 130) 8. Record of regularly conducted
business activity (Sec. 45, Rule 130)
2. Statement of decedents or persons of
unsound mind (Section 39, Rule 130) 9. Entries in the official records (Sec. 46,
Rule 130)
3. Declaration against interest (Sec. 40,
Rule 130) 10. Commercial Lists and the like (Sec. 47,
Rule 130)
4. Act or declaration about pedigree
(Sec. 41, Rule 130) 11. Learned treatise (Sec. 48, Rule 130)
5. Family reputation or tradition 12. Testimony or deposition at the former
regarding pedigree (Sec. 42, Rule 130) proceeding (Sec. 49, Rule 130)
6. Common reputation (Sec. 43, Rule 13. Residual exception (Sec. 50, Rule 130)
130)
7. Part of res gestae (Sec. 44, Rule 130)
RULE 130: Rules of Admissibility
C. Testimonial
evidence 5. Hearsay
Section 38; Dying Declaration.
OLD RULES 2019 AMENDMENT
Section 37. Dying declaration. — Section 38. Dying declaration. —
The declaration of a dying person, The declaration of a dying person,
made under the consciousness made under the consciousness
of an impending death, may be of an impending death, may be
received in any case wherein his received in any case wherein his or
death is the subject of inquiry, as her death is the subject of inquiry,
evidence of the cause and as evidence of the cause and
surrounding surrounding circumstances
circumstances of such death. of such death.
RULE 130: Rules of Admissibility
C. Testimonial
evidence 5. Hearsay
Section 39; Statement of decedent or person of unsound mind.
2019 AMENDMENT
OLD RULES
Section 39. Statement of decedent or person of
unsound
administrator
mind.or– In
other
an actionrepresentative
against an e ecutor
ofor a
a s r
person, or ag in t a pe son of unsound mind, upon a
The dead man statute is dead claim or demand against the estate of such deceased
x
adeceased person or
party or assignor of aagainst such
party or personinofwhose
a person unsound
occurr ng before
mind, where the adeath
behalf case of the deceased
is prosecuted personon
testifies or a
before the person became
i of unsound mind, any
mind,
mattermay
of be received
fact in evidence
statement of the ifdeceased
the statement
or the
was made upothe per onal knowled e othe
when the matter had been recently perceived n by him
or her and
person of while his or deceased
unsound her recollection wasperson
or the clear. Suof
h
statement, however, is inadmiss ble if made under
th
s g f
unsound mind at a time
circumstances i
indicating its lack of
e
trustworthiness.c
Statement of decedent or person
of unsound mind
Section 39 is the former Section 23. However, unlike the Section
23 of the old Rule, parties, assignor of parties or persons in
whose behalf the case is prosecuted are not anymore
prohibited to testify in an action against an executor or
administrator of the deceased or person of an unsound
mind upon a claim or demand against the estate of such
deceased person or against such person of unsound mind.
The coverage of the testimony is any statement made by the
deceased or person of unsound mind.
What are the conditions of the
admissibility those statements?
The statement 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 (Section 39, Rule 130).
When may such statements be
denied admission?

Such statement, however, is inadmissible if


made under the circumstances indicating its
lack of trustworthiness (Section 39, Rule 130).
RULE 130: Rules of Admissibility
C. Testimonial
evidence 5. Hearsay
Section 40; Dying Declaration.
OLD RULES 2019 AMENDMENT
Section 38. Declaration against interest.—The Section 40. Declaration against interest. - The
declaration made by a person deceased, or declaration made by a person deceased or unable
to testify against the interest of the declarant, if
unable to testify, against the interest of the the fact asserted in the declaration was at the
declarant, if the fact asserted in the declaration time it was made so far contrary to the
was at the time it was made so far contrary to declarant's own interest that a reasonable
declarant's own interest, that a reasonable man person in his or her position would not have
in his position would not have made the made the declaration unless he or she believed
it to be true, may be received in evidence against
declaration unless he believed it to be true, may himself or herself or his or her successors in
be received in evidence against himself or his interest and against third persons. A
successors in interest and against third persons. statement tending to expose the declarant
to criminal liability and offered to exculpate
the accused is not admissible unless
corroborating circumstances clearly indicate the
trustworthiness of the statement.
Declaration against Interest
Section 40. Declaration against interest. - The declaration made by a person
deceased or unable to testify against the interest of the declarant, if the fact
asserted in the declaration was at the time it was made so far contrary to the
declarant's own interest that a reasonable person in his or her position
would not have made the declaration unless he or she believed it to be true,
may be received in evidence against himself or herself or his or her
successors in interest and against third persons. A statement tending to
expose the declarant to criminal liability and offered to exculpate the
accused is not admissible unless corroborating circumstances clearly
indicate the trustworthiness of the statement. (Rule 130).
Example 1
In a settlement of Carlito, Luisa, the mother Carlo, presented a
letter, purportedly sent by Carlito to Luisa, acknowledging his
responsibility as the father Carlo.
The administrator of Carlito objected to said testimony and the
admission of the letter for being hearsay.
Should objection be sustained?
NO. Because such statement is in the nature of declaration
against interest under Section 40, Rule 130.
Example 2
In order to prove his innocence in the murder case filed against
him, the accused testified that Carlito, before his death,
acknowledged to have committed the crime for which the
accused was charged.
Should such testimony be admitted?
NO, unless offeror will present corroborating circumstances
that will clearly indicate the trustworthiness of the
statement (Sec. 40, Rule 130).
RULE 130: Rules of Admissibility
C. Testimonial
evidence 5. Hearsay
Section 41; Act or declaration about pedigree.
OLD RULES 2019 AMENDMENT
Section 39. Act or declaration about pedigree.— Section 41. Act or declaration about pedigree. - The
The act or declaration of a person deceased, or act or declaration of a person deceased or unable
unable to testify, in respect to the pedigree of testify, in respect to the pedigree of another
to
related to him or her by birth, adopt on, or i
another person related to him by birth or or, in the absence thereof, with whose family he or
marriage, may be received in evidence where it marriage
occurred before the controversy, and the person
have she was
accurate so intimately
information associated
concern asher
ng his or to be
relationship between the two persons is shown pedigree, may be received in evidence where iti
by evidence other than such act or declaration. occurredbeforethecontroversy,andthe
relations
likely to ip between the two per ons is shown by
The word "pedigree" includes relationship, family
genealogy, birth, marriage, death, the dates when word"pedigree"includesrelationship,family
and the places where these facts occurred, and h s
the names of the relatives. It embraces also facts and evidence
the placesother
wherethan
thesesuch
factsact
occurred, a d the
or declaration.
of family history intimately connected with names of the relatives. It embraces also facts of
pedigree. The genealogy, birth, marriage, death, the
dates when
n

family history intimately connected with pedigree.


Act or Declaration about Pedigree
Section 41. Act or declaration about pedigree. - The act or declaration of a
person deceased or unable to testify, in respect to the pedigree of another
person related to him or her by birth, adoption, or marriage or, in the
absence thereof, with whose family he or she was so intimately associated
as to be likely to have accurate information concerning his or her pedigree,
may be received in evidence where it occurred before the controversy, and
the relationship between the two persons is shown by evidence other than
such act or declaration. The word "pedigree" includes relationship, family
genealogy, birth, marriage, death, the dates when and the places where
these facts occurred, and the names of the relatives. It embraces also facts
of family history intimately connected with pedigree. (Rule 130).
“Requisites”
1. The declarant is dead or unable to testify;
2. The declarant is related by birth, adoption or marriage to
3. The person whose pedigree is in issue; absence thereof,
with whose family he or she was so intimately
associated as to be likely to have accurate
information concerning his or her pedigree;
4. The declaration was made before the controversy;
5. The relationship between the two persons is shown by
evidence other than such declaration.
What is pedigree?
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.
Example
The declaration of A who is dead already, prior
to his death and prior to any controversy, that B
is his illegitimate son, is a declaration about
pedigree. Similarly, a statement from a mother
while living, that her daughters, C and D, were
sired by the same father is admissible.
RULE 130: Rules of Admissibility
C. Testimonial
evidence 5. Hearsay
Section 42; Family reputation or tradition regarding pedigree.
OLD RULES 2019 AMENDMENT
Section 40. Family reputation or Section 42. Family reputation or
tradition regarding pedigree.— The reputation or tradition regarding pedigree. — The reputation
tradition existing in a family previous to the or tradition existing in a family previous to the
controversy, in respect to the pedigree of controversy, in respect to the pedigree of
any one of its members, may be received in any one of its members, may be received in
evidence if the witness testifying thereon be evidence if the witness testifying thereon be
also a member of the family, either by also a member of the family, either by
consanguinity or affinity. Entries in family bibles consanguinity, affinity, or adoption. Entries in
or other family books or charts, engraving on family bibles or other family books or charts,
rings, family portraits and the like, may be engraving on rings, family portraits and the
received as evidence of pedigree. like, may be received as evidence of
pedigree.
Family Reputation or
Tradition Regarding
Pedigree
Section 42. Family reputation or tradition regarding
pedigree. — 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. (Rule 130).
Requisites
1. There is controversy in respect to the pedigree of any
members of the family
2. The reputation or traditions of the pedigree of the
person concerned existed previous to
controversy. the
3. The witness testifying to the refutation or tradition
regarding the pedigree of the person is a member of
the family of said person, either by consanguinity of
affinity.
Example
In a statutory rape case, the issue is the age of the
victim. The grandfather testified that the victim was
born on September 5, 1976 basing on the
information from the mother of the child.
Is the testimony admissible? Yes.
Section 40, Rule 130 applies.
People vs. Alegado, 201 SCRA 37
RULE 130: Rules of Admissibility
C. Testimonial
evidence 5. Hearsay
Section 43; Common Reputation.
OLD RULES 2019 AMENDMENT

Section 41. Common reputation.— Section 43. Common reputation. — Common


reputation existing previous to the
Common reputation existing previous controversy, as to boundaries of or customs
to the controversy, respecting facts of affecting lands in the community and
public or general interest more than reputation as to events of general history
thirty years old, or respecting marriage important to the community, or respecting
or moral character, may be given in marriage or moral character, may be given in
evidence, Monuments and inscriptions evidence. Monuments and inscriptions in
in public places may be received as public places may be received as evidence of
evidence of common reputation. common reputation.
Common Reputation
Section 43. Common reputation. — 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.
(Rule 130).
Please take NOTE:
Common reputation in community cannot be admitted to
prove pedigree, except marriage which can be evidenced by
common reputation. The SC ruled:
◦ [T]he weight of authority appears to be in favor of the theory that it is the
general repute, the common reputation in the family, and not the common
reputation in community, that is a material element of evidence going to
establish pedigree. . . . [Thus] matters of pedigree may be proved by
reputation in the family, and not by reputation in the neighborhood or vicinity,
except where the pedigree in question is marriage which may be proved by
common reputation in the community (Jison vs. CA, GR No. 124853, February
24, 1998).
RULE 130: Rules of Admissibility
C. Testimonial
evidence 5. Hearsay
Section 44; Part of Res Gestae.
OLD RULES 2019 AMENDMENT
Section 42. Part of the res gestae.—Statements Section 44. Part of the res gestae. — Statements
made by a person while a startling occurrence is made by a person while a startling occurrence is
taking place or immediately prior or subsequent taking place or immediately prior or subsequent
thereto with respect to the circumstances thereto, under the stress of excitement caused
thereof, may be given in evidence as part of the by the occurrence with respect to the
res gestae. So, also, statements accompanying an circumstances thereof, may be given in evidence
equivocal act material to the issue, and giving it a as part of the res gestae. So, also, statements
legal significance, may be received as part of accompanying an equivocal act material to the
the res gestae issue, and giving it a legal significance, may be
received as part of the res gestae.
Part of Res Gestae
Section 44. Part of the res gestae. — 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. (Rule 130).
Kinds of Res Gestae

Spontaneous statements

Verbal acts
Elements of Res Gestae
(Spontaneous statement)
1. There is a startling occurrence.

2. A statement was made while the even t is taking place, or


immediately prior or subsequent thereto.

3. The statement was made b efore the declarant had time to


contrive or devise falsehood.

4. The statement relates to the circumstances of the startling


eve nt or occurrence.
Example 1
The requisites were meet in one case where the victim
went to her aunt’s house immediately after escaping from
the crime scene and spontaneously, unhesitatingly and
immediately declared to her that the accused had sexually
abused her. Such manner of denunciation of him as rapist
was confirmed by the aunt’s testimony about the victim’s
panicstricken demeanor and her use of words sufficiently
indicating her being raped (People vs. Lupac, September
19, 2012)
Example 2
When the deceased gave the identity of his assailant to
another, he was referring to a startling occurrence, i.e.,
his stabbing by the accused. The victim was then on
board the taxicab that would bring him to the hospital
and, had no time to contrive his identification of the
accused as the assailant. His utterance about the accused
having stabbed his was made in spontaneity and only
in reaction to a startling occurrence (People vs.
Salafranca, 666 SCRA 501).
Example 3
Ernesto's statement referred to a startling occurrence, that
is, him being stabbed by Dodong, Eugene, Ramil, and a
certain "Palaka." At the time he relayed his statement to
Julie Ann, he was wounded and blood oozed from his chest.
Given his condition, it is clear that he had no time to
contrive the identification of his assailants. Hence, his
utterance was made in spontaneity and only in reaction to
the startling occurrence. Definitely, such statement is
relevant because it identified the authors of the crime.
(People vs. Santillan, GR No. 227878, August 9, 2017).
Manner of analyzing res gestae

Analyze whether there is a starling occurrence.

When is the utterance made in relation of startling


occurrence. There should be an element of immediacy

What is the tenor of the statement uttered? It should


be related to the circumstances of the event.
Verbal acts as res gestae
Requistes: The principal act to be categorized must be
equivocal

The equivocal act must be material to the issue

The statement must accompany the equivocal


act
The statement gives a legal significance to
equivocal act
Example
In a collection suit filed by A against B where the loan is not evidence by a written
document.
Q. Mr. witness, did you testify that you saw the plaintiff give money to the
defendant?
A. I did, sir.
Q. What, if any, did anybody say at the time the money was handed over by the
plaintiff to the defendant?
A. As the plaintiff handed the money, he said to the defendant “This is the P10,000
you told me you were borrowing from me.”
Q. What did the defendant say, if any?
A. The defendant said, “Thank you. I will pay you after a year.
RULE 130: Rules of Admissibility
C. Testimonial
evidence 5. Hearsay
Section 45; Records of regularly conducted business activity.
OLD RULES 2019 AMENDMENT
Section 43. Entries in the course of business.— Section 45. Records of regularly conducted
Entries made at, or near the time of the business activity. — A memorandum, report,
record or data compilation of acts, events,
transactions to which they refer, by a person conditions, opinions, or diagnoses, made by
deceased, or unable to testify, who was in a writing, typing, electronic, optical or other similar
position to know the facts therein stated, may be means at or near the time of or from transmission
received as prima facie evidence, if such person or supply of information by a person with
made the entries in his professional capacity or in knowledge thereof and kept in the regular course
or conduct of a business activity, and such was
the performance of duty and in the ordinary or the regular practice to make the memorandum,
regular course of business or duty. 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.
Records of Regularly
Conducted Business Activity
Section 45. Records of regularly conducted business activity. — 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. (Rule 130).
What will be testified to
under Section 45?
Records of business activity, which includes
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 (Sec. 45, Rule 130).
Who will be testify on those records
of business activity?
By the custodian of those records or other
qualified witness (Sec. 45, Rule 130).
This is considered an exception to the
hearsay rule because the custodian is not
actually the one who recorded the
business activity.
RULE 130: Rules of Admissibility
C. Testimonial
evidence 5. Hearsay
Section 46; Entries in official records.
OLD RULES 2019 AMENDMENT
Section 44. Entries in official records.— Section 46. Entries in official records.
Entries in official records made in the -Entries in official records made in
performance of his duty by a public the performance of his or her duty
officer of the Philippines, or by a person by a public officer of the Philippines,
in the performance of a duty specially or by a person in the performance of
enjoined by law, are prima a duty specially enjoined by law, are
facie evidence of the facts therein prima facie evidence of the facts
stated. therein stated.
Entries in Official Records
Section 46. Entries in official records.
-Entries in official records made in
the performance of his or her duty by a
public officer of the Philippines, or by a
person in the performance of a duty
specially enjoined by law, are prima facie
evidence of the facts therein stated (Rule
130).
Requisites
1. The entry was made by a public officer or by another
person specifically enjoined by law to do so.
2. It was made by the public officer, or by such other person
in the performance of a duty specifically enjoined by law
3. The public officer had sufficient knowledge of the facts he
stated which must have been acquired by the public officer
personally or through official information (Alvarez v. PICOP
Resources, G.R. Nos. 162243, 164516 & 171875,
December 3, 2009, 606 SCRA 444, 525; citing Africa v.
Caltex, 123 Phil. 272, 277 (1966 ).
DST Movers Corp. vs. People’s General
Insurance, Jan. 13, 2016
It is plain to see that the matters indicated in the Report are not
matters that were personally known to PO2 Tomas. The Report
is candid in admitting that the matters it states were merely
reported to PO2 Tomas by "G. Simbahon of PNCC/SLEX." It was
this "G. Simbahon," not PO2 Tomas, who had personal
knowledge of the facts stated in the Report. Thus, even as the
Report embodies entries made by a public officer in the
performance of his duties, it fails to satisfy the third requisite
for admissibility for entries in official records as an exception to
the Hearsay Rule.
RULE 130: Rules of Admissibility
C. Testimonial
evidence 5. Hearsay
Section 47; Commercial Lists and the Like.
OLD RULES 2019 AMENDMENT
Section 45. Commercial lists and the like.— Section 47. Commercial lists and the like.
Evidence of statementsof matters of interest to Evidence of statements of matters of interest to
persons engaged in an occupation contained in a persons engaged in an occupation contained in a
list, register, periodical, or other published list, register, periodical, or other published
compilations admissible as tending to prove the compilation is admissible as tending to prove the
truth of any relevant matter so stated if that truth of any relevant matter so stated if that
compilation is published for use by persons compilation is published for use by persons
engaged in that occupation and is generally used engaged in that occupation and is generally used
and relied upon by them therein. and relied upon by them therein.
RULE 130: Rules of Admissibility
C. Testimonial
evidence 5. Hearsay
Section 48; Learned Treatise.
OLD RULES 2019 AMENDMENT
Section 46. Learned treatises.—A published Section 48. Learned treatises. A published
treatise, periodical or pamphlet on a subject of treatise, periodical or pamphlet on a subject of
history, law, science or art is admissible as history, law, science, or art is admissible as
tending to prove the truth of a matter stated tending to prove the truth of a matter stated
therein if the court takes judicial notice, or a therein if the court takes judicial notice, or a
witness expert in the subject testifies, that the witness expert in the subject testifies, that the
writer of the statement in the treatise, periodical writer of the statement in the treatise, periodical
or pamphlet is recognized in his profession or or pamphlet is recognized in his or her profession
calling as expert in the subject. or calling as expert in the subject.
RULE 130: Rules of Admissibility
C. Testimonial
evidence 5. Hearsay
Section 49; Testimony or deposition at a former proceeding.
OLD RULES 2019 AMENDMENT
Section 47. Testimony or deposition at a former Section 49.Testimony or deposition at a former
proceeding.—The testimony or deposition of a proceeding. - The testimony or deposition of a
witness deceased or unable to testify, given in a witness deceased or out of the Philippines or
former case or proceeding, judicial or who cannot, with due diligence, be found
administrative, involving the same parties and therein, or is unavailable or otherwise unable to
subject matter, may be given in evidence against testify, given in a former case or proceeding,
the adverse party who had the opportunity to judicial or administrative, involving the same
crossexamine him. parties and subject matter, may be given in
evidence against the adverse party who had the
opportunity to crossexamine him or her.
Testimony or deposition at a
Former Proceeding
Section 49.Testimony or deposition at a former
proceeding. - 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 crossexamine him or her. (Rule 130).
Requisites
1. The witness is dead or out of the Philippines or who cannot, with due
diligence, be found therein, or is unavailable or otherwise unable to testify
2. His testimony or deposition was given in a former case or proceeding, judicial or
administrative, between the same parties or those representing the same
parties
3. The former case involved the same subject as that in the present case, although
on different cause of action
4. The issue testified to by the witness in the former trial is the same issue involved
in the present case
5. The adverse party had the opportunity to crossexamine the witness in the
former case (Manliclic vs. Calaunan, 512 SCRA 642).
RULE 130: Rules of Admissibility
C. Testimonial
evidence 5. Hearsay
Section 50; Testimony or deposition at a former proceeding.
OLD RULES 2019 AMENDMENT
Section 50. Residual exception. - A statement not
specifically covered by any of the foregoing exceptions,
havingequivalentcircum tan ialguaranteesof
s t
trustworthiness, is admissible if the court determines
that (a) the statement is offered as evidence of a
fact; (b) the statement is more probative on the point for
No similar provision in the 1997 rules of court. which it is offered than any other ev dence which the
t
proponent can procure hrough reasonable efforts; and
material (c) the general purposes of these rules iand the
of justice will be best served by admission of the
interests statement into evidence. However, a statement
be admitted under this exception unless the proponent
makesnown to thekadverse party, sufficiently in
may of not advance
of theofmain
thecase,
hearing, or bythethe pre-trial
case a trial to provide adverse
stage in the party with a fair opportunity to prepare to
proponent’s intention to offer the statement and the
meet it, the
declarant. n)
particulars of it, including the name and address of
(
the
Let us dissect residual exception
A statement not specifically covered by any of the foregoing
exceptions, having equivalent circumstantial guarantees of
trustworthiness, is admissible if 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.
Residual exception
The rule provides that the focus for
trustworthiness is on circumstantial guarantees
surrounding the making of the statement itself,
as well as any independent evidence
corroborating the statement. The credibility of
the witness relating the statement is not a part
of either inquiry.
Rationale for residual exception
The "residual exception" rule is essentially a
recognition that the other rules dealing with
hearsay exceptions could not reasonably cover
and address each and every type of hearsay
evidence and the factual and legal situations
under which a party might argue for its
admission.
Requirement for application of
residual exception
In order for a party to rely on the rule on residual
exception for the admission of hearsay, it must
advise the opposing party sufficiently in advance of
the trial or hearing about the statement and the
name and address of the declarant. This is to allow
the opposing party time to prepare its response to
arguments in support of the proposed admission.
Residual evidence is related to “standard
of totality of evidence rule”
It is the consideration of all the pieces of evidence adduced in
their totality, and to consider any evidence otherwise
inadmissible under our usual rules to be admissible if it is
consistent with the admissible evidence adduced. In other
words, it is the reduction of the rules to the most basic test of
reason — i.e., to the relevance of the evidence to the issue at
hand and its consistency with all other pieces of adduced
evidence. Thus, even hearsay evidence can be admitted if it
satisfies this basic minimum test (Razon, Jr. v. Tagitis,
December 3, 2009, 606 SCRA 598).
RULE 130: Rules of Admissibility
C. Testimonial
evidence 7. Opinion
Section 51; General Rule
OLD RULES 2019 AMENDMENT
Section 48. General rule.—The Section 51. General rule.—The
opinion of a witness is not opinion of a witness is not
admissible, except as indicated admissible, except as indicated
in the following sections in the following sections
RULE 130: Rules of Admissibility
C. Testimonial
evidence 7. Opinion
Rule
Section 52; Opinion Expert
OLD RULES 2019 AMENDMENT
Section 49. Opinion of expert Section 52. Opinion of expert witness.
witness. —The opinion of a witness on The opinion of a witness on a matter
a matter requiring special requiring special knowledge, skill,
knowledge, skill, experience,training or education,
experience or training which he is which he or she is shown to possess,
shown to possess, may be received in may be received in evidence.
evidence.
RULE 130: Rules of Admissibility
C. Testimonial
evidence 7. Opinion
Rule
Section 53; Opinion of Expert
OLD RULES 2019 AMENDMENT
Section 50. Opinion of ordinary witnesses.—The Section 53. Opinion of ordinary witnesses. The
opinion of a witness for which proper basis is given, opinion of a witness, for which proper basis is given,
may be received in evidence regarding— may be received in evidence regarding –
(a) The identity of a person about whom he (a) The identity of a person about whom he or
has adequate knowledge; she has adequate knowledge;
(b) A handwriting with which he has (b) A handwriting with which he or she has
sufficient familiarity; and sufficient familiarity; and
(c) The mental sanity of a person with (c) The mental sanity of a person with whom
whom he is sufficiently acquainted. he or she is sufficiently acquainted.
The witness may also testify on his impressions of The witness may also testify on his or her
the motion, behavior, condition or appearance of a impressions of the emotion, behavior, condition or
person. appearance of a person.
RULE 130: Rules of Admissibility
C. Testimonial
evidence 8. Character
Evidence
Section 54; Character Evidence Not Generally Admissible; Exceptions.
OLD RULES 2019 AMENDMENT
Sec. 51. Character evidence not Sec. 54. Character Evidence Not
generally admissible; exceptions. – Generally Admissible; Exceptions. —
Evidence of a person's character or a
trait of character is not admissible for
the purpose of proving action in
conformity therewith on a particular
occasion, except:
RULE 130: Rules of Admissibility
C. Testimonial
evidence 8. Character
Evidence
Section 54; Character Evidence Not Generally Admissible; Exceptions.
OLD RULES 2019 AMENDMENT
(a) In Criminal Cases:
(a) In Criminal Cases:
1) The accused v may prove his good moral
g
character which is pertinent to the moral 1) The character of the offended party may
trait invol ed in the offense char ed. be proved if it tends to establish in any
2) Unless in rebuttal, the prosecution may reasonable degree the probability or
not prove his to
is pertinent badthe
moral character
moral which in
trait involved improbability of the offense charged.
c
the offense harged . 2) The accused may prove his or her good
The good or bad moral character of the moral character, pertinent to the moral
3) offended party may be proved if it tends to trait involved in the offense charged.
establish in any reasonable degree the However, the prosecution may not prove
probability or improbability of the offense
charged. his or her bad moral character unless on
rebuttal.
RULE 130: Rules of Admissibility
C. Testimonial
evidence 8. Character
Evidence
Section 54; Character Evidence Not Generally Admissible; Exceptions.
OLD RULES 2019 AMENDMENT
(b) In Civil Cases: (b) In Civil Cases:
Evidence of the moral character of a Evidence of the moral character of a
party in a civil case is admissible only party in a civil case is admissible only
when pertinent to the issue of when pertinent to the issue of
character involved in the case. character involved in the case.
RULE 130: Rules of Admissibility
C. Testimonial
evidence 8. Character
Evidence
Section 54; Character Evidence Not Generally Admissible; Exceptions.
OLD RULES 2019 AMENDMENT
(c) In Criminal and Civil Cases:
(c) In the case provided for in Rule Evidence of the good character of a witness is not
132, Section 14. admissibleuntilsuchcharac erhasbeen t
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 reputati n or by
testimony in the formf an oopin on. Oni cross-
examination, inquiry is allowable intoorelevant
specific instances of c onduct.

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.

2) Evidence of the good character of a witness is


not admissible until such character has been
impeached (Section 54[c]).
In case character or trait of character
is admissible, how is it proved?
1. 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 crossexamination, inquiry is
allowable into relevant specific instances of conduct.
2. 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. (Section 54[c], Rule 130).
.
RULE 131: Burden of Proof, Burden of
Evidence and Presumptions
Section 1; Burden of Proof
OLD RULES 2019 AMENDMENT
SEC. 1. Burden of Proof and Burden of Evidence.
Sec. 1. Burden of proof. – Burden of — Burden of proof is the duty of a party to
proof is the duty of a party to present present evidence on the facts in issue necessary
evidence on the facts in issue necessary to establish his or her claim or defense by the
to establish his claim or defense by the amount of evidence required by law. Burden of
proof never shifts.
amount of evidence required by 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.
What is burden of proof?
Burden of proof is the duty of a party to
present evidence on the facts in issue
necessary to establish his or her claim or
defense by the amount of evidence required
by law. Burden of proof never shifts (Section 1,
Rule 131).
Relevant Concepts on Burden of Proof

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 ).

In administrative cases, the complainant bears the burden in proving the


averments of his complaint by substantial evidence. However,
conjectures and suppositions are not sufficient to prove accusations
(Lorenzana vs. Austria, April 2, 2014).
Relevant concepts on burden of proof

The burden of proof that a debt was contracted


lies with the creditorplaintiff. He who asserts,
not who denies, must prove (Homeowners
Savings & Loan Bank vs. Dailo, 453 SCRA 283).
However, he who pleads payment has the
burden of proving it. (Bognot vs. RRI Lending,
September 24, 2014)
What is the test for determining where the burden
of proof lies?
Ask: Which party to an action or suit will fail if
he offers no evidence competent to show the
facts averred as basis for the relief he seeks to
obtain.
If the defendant has affirmative defenses, he
has the burden of proving them (Aznar
Brothers Realty vs. Aying, 458 SCRA 496).
What is burden of evidence

Burden of evidence is the duty of a party to


present evidence sufficient to establish or
rebut a fact in issue to establish a prima
facie case. Burden of evidence may shift from
one party to the other in the course of the
proceedings, depending on the exigencies
of the case (Section 1, Rule 131).
Burden of evidence?
It is the duty of a party to go forward with
evidence to overthrow the prima
facie evidence against him (People vs. CA,
February 25, 2015)
If the accused admits the killing, the burden of
evidence is shifted to the accused to prove his
defenses (Flores vs. People, February 27, 2013)
RULE 131: Burden of Proof, Burden of
Evidence and Presumptions
Section 2; Conclusive Presumptions
OLD RULES 2019 AMENDMENT
Sec. 2. Conclusive presumptions. – The following are Sec. 2. Conclusive Presumptions. — The following
instances of conclusive presumptions: are instances of conclusive presumptions:
(a) Whenever a party has, by his own (a) Whenever a party has, by his or her own
declaration, act, or omission, intentionally declaration, act, or omission, intentionally
and deliberately led another to believe a and deliberately led another to believe a
particular thing is true, and to act upon particular thing true, and to act upon such
such belief, he cannot, in any litigation belief, he or she cannot, in any litigation
arising out of such declaration, act, or arising out of such declaration, act or
omission, be permitted to falsify it. omission, be permitted to falsify it; and
(b) The tenant is not permitted to deny the title (b) The tenant is not permitted to deny the
of his landlord at the time of the title of his or her landlord at the time of
commencement of the relation of landlord the commencement of the relation of
and tenant between them. landlord and tenant between them.
Presumption
• It is an assumption of fact resulting from the
rule of law which require such fact to be
assumed from another fact or group of facts
found or otherwise established in an action
(Black Law Dictionary)
Concept • It is an inference of the existence or non
existence of a fact which courts are permitted to
draw from proof of other facts (In the matter of
the Intestate of Delgado and Rustia, 480 SCRA
334)
Examples
Prior rents or installments had been paid when a
receipt for the later installment is produced (Sec. 3(i),
Rule 131; Art. 1177).
Common Carrier is presumed to be liable (1756).
Money paid by one to another was due to the latter
(Sec. 3(f), Rule 131).
Official duty has been regularly performed (Sec. 3(m),
Rule 131).
Kinds of Presumption

Conclusive – when the presumption becomes irrebuttable


upon the presentation of evidence and any evidence
tending to rebut the presumption is not admissible

Disputable – if it may be contradicted by other evidence.


Example of estoppel

Persons who assume to be a corporation


without legal authority to act as such shall
be considered a corporation by estoppel
and shall be liable as general partners
(Sec. 21, CCP)
RULE 131: Burden of Proof, Burden of
Evidence and Presumptions
Section 3; Disputable Presumptions
OLD RULES 2019 AMENDMENT
e
Sec.3.Disputablepr sumptions.–The Sec. 3. Disput able presumptions –. The following
following presumptions are satisfactory if presumptions are satisfactory if uncontradicted,
uncontra di
cted, but may be c ntradicted
o ad n but may be contradicted and overcome by other
overcome by other evidence: evidence:
(a) That a person is innocent of crime or (a) That a person is innocent of crime or
wrong; wrong;
(b) That an unlawful act was done with an (b) That anintent;
unlawfu unlawful act was done with
unlawful intent; l
That a person intends the ord That a person intends the ordinary
(c) inary an (c)
consequences of his voluntary act; consequences of his or her voluntary
(d) That a person takes ordinary care of his or her concerns;
concerns;
act;
(d) That a person takes ordinary care of his
RULE 131: Burden of Proof, Burden of
Evidence and Presumptions
Section 3; Disputable Presumptions
OLD RULES 2019 AMENDMENT
(e) That evidence willfully suppressed would (e) That evidence willfully suppressed would
be adverse if produced; be adverse if produced;
(f) That money paid by one to another was (f) That money paid by one to another was
due to the latter; due to the latter;
(g) That a thing delivered by one to another (g) That a thing delivered by one to another
belonged to the latter; belonged to the latter;
(h) That an obligation delivered up to the (h) That an obligation delivered up to the
debtor has been paid; debtor has been paid;
(i) That prior rents or installments had been (i) That prior rents or installments had been
paid when a receipt for the latter ones is paid when a receipt for the latter ones is
produced; produced;
RULE 131: Burden of Proof, Burden of
Evidence and Presumptions
Section 3; Disputable Presumptions
OLD RULES (m) That official duty has been regularly
(j) That a person found in possession of a r
thing taken in the doing of a recent
wrongful act is the taker and the doer of
the whole act; otherwise, that things
which a person possesses, or exercise s
acts of ownership over, are owned by him;
(k) That a for
himsel person in possession
the payment of theof an order
money, or
the delivery
f of anything, has paid the
on money or delivered the things
regu arly appo nted or e e ted to it;
accordingly;
(l) That a person acting in a public office
perfol med; i l c
was
2019 AMENDMENT
(j) si That a person found in posses on of athing
taken in the doing of a recent wrongful act is
the taker and the doer of thewhole act;
otherwise, that things which a person
or exercises acts of ownership over, are owned
possesses, by him or her;
(k) That a person in possession of an order on
himself or herself for the payment of the
or the delivery of anything, has paid the money
or delivered the things accordingly;
money,
regu ar appoin ed or lec e to it;
(l) That a person acting in a public office
l ly t e t d perfo med;
was
(m) That official duty has been regularly
r
RULE 131: Burden of Proof, Burden of
Evidence and Presumptions
Section 1; Burden of Proof
OLD RULES (q) That the ordinary course of business has
o
(n) That a court,r judge
o a ting as such,
c
whether in the Philippines or
wasacting in the lawful exercise of
jurisdiction;
elsewhere,
in a case were laid before the court and
(o) That all the matters within an issue raised
all matters within an issue raised in a
passed upon by it; and in like manner that
beforee arbitrators and passed upon by
them;
dispute submitted for arbitration were laid
th
regu ar;
(p) That private transactions have been fair and
beenlfoll wed;
2019 AMENDMENT
(n) i ; c That a court, or judge a ting as such,
whether in the Philippines or
was act ng in the lawful exercise of
(o) That all the matters within jurisdiction
elsewhere,
an issue raised in a case were laid before the court and
passedupon by it; and in like manner

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,

5. If one be under fifteen or over sixty, and the other


ose ages,
between
RULE 131: Burden of Proof, Burden of
Evidence and Presumptions
Section 3; Disputable Presumptions
OLD RULES 2019 AMENDMENT
(kk) That if there is a doubt, as (kk) That if there is a doubt, as
between two or more persons between two or more persons
who are called to succeed each who are called to succeed each
other, as to which of them died other, as to which of them died
first, whoever alleges the death first, whoever alleges the death
of one prior to the other, shall of one prior to the other, shall
prove the same; in the absence prove the same; in the absence
of proof, they shall be of proof, they shall be considered
considered to have died at the to have died at the same time.
same time. (5a) (5a)
RULE 131: Burden of Proof, Burden of
Evidence and Presumptions
Section 4; No Presumption of Legitimacy
OLD RULES 2019 AMENDMENT
Section 4. No presumption Section 4. No presumption
of legitimacy or illegitimacy. of legitimacy or illegitimacy.
— There is no presumption of — There is no presumption of
legitimacy of a child born after three legitimacy or illegitimacy of a child
hundred days following the dissolution born after three hundred days
of the marriage or the separation of following the dissolution of the
the spouses. Whoever alleges the marriage or the separation of the
legitimacy or illegitimacy of such child spouses. Whoever alleges
must prove his allegation the legitimacy or illegitimacy of such
child must prove his or her allegation
RULE 131: Burden of Proof, Burden of
Evidence and Presumptions
Section 5; Presumptions in Civil Actions and Proceedings
OLD RULES 2019 AMENDMENT
Section 5. Presumptions in Civil Actions
and Proceedings. — In all civil actions
and proceedings not otherwise provided for by
the law or these Rules, a presumption
No comparable provision under the old rule imposes on the party against whom it is
directed the burden of going forward with
evidence to rebut or meet the presumption.
If presumptions are inconsistent, the
presumption that is founded upon weightier
considerations of policy shall apply. If
considerations of policy are of equal weight,
neither presumption applies.
What is the effect of presumption?
A party in whose favor the legal presumption
exists may rely on and invoke such legal
presumption to establish a fact in issue. One
need not introduced evidence to prove the fact
for a presumption is prima facie proof of the
fact presumed (Diesel Construction vs. UPSI
Property, 549 SCRA 12)
RULE 131: Burden of Proof, Burden of
Evidence and Presumptions
Section 6; Presumption agaisnt an Accused in Criminal Cases
OLD RULES 2019 AMENDMENT
Section 6. Presumption against
an Accused in Criminal Cases. —
No comparable provision under the old rule
If a presumed fact that establishes
guilt, is an element of the offense
charged, or negates a defense, the
existence of the basic fact must be
proved beyond reasonable doubt
and the presumed fact follows from
the basic fact beyond reasonable
doubt.
RULE 131: Burden of Proof, Burden of Evidence
and Presumptions
Section 6; Presumption agaisnt an Accused in Criminal Cases
The provision simply means that if the presumed fact is an element of crime, the fact from
which the presumed fact was derived and the intimate connection between the two must be
proved beyond reasonable doubt.
Example: BP 22. on of the elements is: The knowledge of the maker, drawer, or issuer that at
the time of issue he does not have sufficient funds in or credit with the drawee bank for the
payment of such check in full upon its presentment.
What is evidence of knowledge of insufficiency of funds? The making, drawing and issuance of
a check payment of which is refused by the drawee because of insufficient funds in or credit
with such bank, when presented within ninety (90) days from the date of the check, shall be
prima facie evidence of knowledge of such insufficiency of funds or credit unless such maker or
drawer pays the holder thereof the amount due thereon, or makes arrangements for payment
in full by the drawee of such check within (5) banking days after receiving notice that such
check has not been paid by the drawee.
RULE 131: Burden of Proof, Burden of Evidence
and Presumptions
Section 6; Presumption agaisnt an Accused in Criminal Cases
Therefore, under Section 6, Rule 130, the prosecution must
prove beyond reasonable doubt the fact that the accused
made, drew and issued of a check payment of which is
refused by the drawee because of insufficient funds in or
credit with such bank, when presented within ninety (90)
days from the date of the check and the accused did not
pay the same or make arrangements for payment in full by
the drawee of such check within (5) banking days after
receiving notice that such check has not been paid by the
drawee.
RULE 131: Burden of Proof, Burden of Evidence
and Presumptions
Section 6; Presumption agaisnt an Accused in Criminal Cases
Another example: Estafa, through misappropriation under
Article 315 par. 1(b).
The failure to return upon demand the properties which one
has the duty to return is tantamount to appropriating the same
for his own personal use.
The fact that accused failed to return the property upon
demand must be proved by proof beyond reasonable doubt
because it is the basis fact from which the fact presumed is
derived.
RULE 132: Presentation of Evidence
A. Examination of Witness
Section 1; Examination to be Done in Open Court
OLD RULES 2019 AMENDMENT
Section 1. Examination to be done Section 1. Examination to be done
in open court. — The examination in open court. — The examination
of witnesses presented in a trial of witnesses presented in a trial
or hearing shall be done in open or hearing shall be done in open
court, and under oath or affirmation. court, and under oath or affirmation.
Unless the witness is incapacitated to Unless the witness is incapacitated to
speak, or the questions calls for a speak, or the questions calls for a
different mode of answer, the answers different mode of answer, the answers
of the witness shall be given orally. of the witness shall be given orally.
RULE 132: Presentation of Evidence
A. Examination of Witness
Section 2; Proceedings to be recorded
OLD RULES 2019 AMENDMENT
Section 2. Proceedings to be recorded. — The Section 2. Proceedings to be recorded. — The
entire proceedings of a trial or hearing, including entire proceedings of a trial or hearing, including
the questions propounded to a witness and his the questions propounded to a witness and his
answers thereto, the statements made by the or her answers thereto, the statements made by
judge or any of the parties, counsel, or witnesses the judge or any of the parties, counsel, or
with reference to the case, shall be recorded by witnesses with reference to the case, shall be
means of shorthand or stenotype or by other recorded by means of shorthand or stenotype
means of recording found suitable by the court. or by other means of recording found suitable
A transcript of the record of the proceedings by the court.
made by the official stenographer, stenotypist or A transcript of the record of the proceedings
recorder and certified as correct by him shall be made by the official stenographer, stenotypist or
deemed prima facie a correct statement of such recorder and certified as correct by him or her
proceedings. shall be deemed prima facie a correct statement
of such proceedings.
RULE 132: Presentation of Evidence
A. Examination of Witness
Section 3; Rights and Obligation of a Witness
OLD RULES 2019 AMENDMENT

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

(1) To be protected from irrelevant, improper, or insulting (1) To be protected from irrelevant, improper, or insulting
questions, and from harsh or insulting demeanor; questions, and from harsh or insulting demeanor;

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


(2) Not to be detained longer than the interests of justice require;
require;
(3) Not to be examined except only as to matters pertinent to
(3) Not to be examined except only as to matters pertinent to the issue;
the issue;
(4) Not to give an answer which will tend to subject him or her
(4) Not to give an answer which will tend to subject him to a to a penalty for an offense unless otherwise provided by
penalty for an offense unless otherwise provided by law; or law; or

(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:

(a) On cross examination; (a) On cross examination;

(b) On preliminary matters; (b) On preliminary matters;


(c) When there is a difficulty is getting direct and intelligible (c) When there is a difficulty is getting direct and intelligible
answers from a witness who is ignorant, or a child of tender answers from a witness who is ignorant, or a child of tender
years, or is of feeble mind, or a deafmute; years, or is of feeble mind, or a deafmute;

(d) Of an unwilling or hostile witness; or (d) Of an unwilling or hostile witness; or

(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.

OLD RULES 2019 AMENDMENT


Section 18. Right to respect Section 18. Right to respect
writing shown to witness. writing shown to witness.
— —
Whenever a writing is shown to Whenever a writing is shown to
a witness, it may be inspected a witness, it may be inspected
by the adverse party. by the adverse party.
RULE 132: Presentation of Evidence
B. Authentication and Proof of Documents
Section 19; Classes of documents.
OLD RULES 2019 AMENDMENT
Section 19. Classes of Documents. — For the purpose of Section 19. Classes of Documents. — For the purpose of their
their presentation evidence, documents are either presentation evidence, documents are either public or private.
or pr ivate.
Public documents are:
public Public documents are: (a) The written official acts, or records of the official
(a) The written official acts, or records of acts of the sovereign autho ity,
r official bod esiand
offici lac s aofhe sovet eign a tthority, r tribunals, and public officers, whether of the
u Philippines, or of a foreign country;
officialbodiesand tribunals, and public
the officers, whether of the Philippines, or of a
foreign c untry; (b) Documents acknowledge before a notary
except last w lls and itestaments; and
o
except last wills and testaments; public (c) Documents that are considered public
(b) Documents acknowledge before and
a notary public under treaties and conventions which are in force
documents between the Philippines and the country of
and
(c) documents required
Public records, kept by law Philippines,
in the to the entered
of ; source;
private therein. documents required by law to the entered therein.
(d) Public records, kept in the Philippines, of private
All other writings are private.
All other writings are private.
RULE 132
Rules of Admissibility
B. Authentication and Proof of Documents
Section 19(c) “Documents that are
considered public documents under treaties
and conventions which are in force between
the Philippines and the country of source”
because of the effectivity of the Apostille
Convention of which the Philippines is a party.
With the Apostille, the document will no
longer require legalization by the Foreign
Embassy if the country of destination is
already a Member of the Apostille Convention
(or an "Apostille Country.") Once Apostillized,
the document can be validly used in any and
all Apostille Countries.
RULE 132: Presentation of Evidence
B. Authentication and Proof of Documents
Section 21; When evidence of authenticity of private document not necessary.
OLD RULES given.
Section 21. When evidence
by authenticity of private
document not necessary. – Where a
private document is more than thirty
(30) years old, is produced from a
custody in which it would naturally
be found if genuine, and is
unblemished by any alterations or
circumstances of suspicion, no other
evidence of its authenticity need be
2019 AMENDMENT
Section 21. When evidence
of authenticity of private
document not necessary. – Where a
private document is more than thirty
(30) years old, is produced from a
custody in which it would naturally
be found if genuine, and is
unblemished by any alterations or
circumstances of suspicion, no other
evidence of its authenticity need
be given.
RULE 132: Presentation of Evidence
B. Authentication and Proof of Documents
Section 22; How genuineness of handwriting
proved.
OLD RULES judge.
Section 22. How genuineness of
handwriting proved. – The handwriting of a
person may be proved by any witness who
believesit to be the handwriting of such person
because he has seen the person write, or has
seen writing purporting to be his upon which
the witness has acted or been charged, and
thus acquired knowledge of the handwriting
of such person. Evidence respecting the
andwriting may also be given by a comparison,
made by the witness or the court, with
writings admitted or treated as genuine by the
party against whom the evidence is offered, or
proved to be genuine to the satisfaction of the
2019 AMENDMENT
Section 22. How genuineness of
handwriting proved. – The handwriting of a
person may be proved by any witness who
believesit to be the handwriting of such
person because he or she has seen the
person write, or has seen writing purporting
to be his or hers upon which the witness
has acted or been charged, and thus
acquired knowledge of the handwriting of
such person. Evidence respecting the
andwriting may also be given by a
comparison, made by the witness or the
court, with writings admitted or treated as
genuine by the party against whom the
evidence is offered, or proved to be genuine
to the satisfaction of the judge.
RULE 132: Presentation of Evidence
B. Authentication and Proof of Documents
Section 23; Public documents as evidence.
OLD RULES the latter.(24a)
SEC. 23. Public documents as
evidence. —Documents consisting of
entries in public records made
in the performance
of a duty by a public officer are
prima facie evidence of the facts
therein stated. All other public
documents are evidence, even against a
third person, of the fact which gave rise
to their execution and of the date of
2019 AMENDMENT
SEC. 23. Public documents as
evidence. —Documents consisting of
entries in public records made
in the performance
of a duty by a public officer are
prima facie evidence of the facts
therein stated. All other public
documents are evidence, even against a
third person, of the fact which gave rise
to their execution and of the date of
the latter. (23)
RULE 132: Presentation of Evidence
B. Authentication and Proof of
Documents Section 24; Proof of official
record.
OLD RULES general, consul, vice consul, or consular agent or by
SEC. 24. Proof of official record.—The record of stationed in the foreign country in which the record
public documents referred to in paragraph (a) of
Section 19, when admissible for any purpose may , office.(25a)
abecopy
evidenced
attestedbybyanthe
official publication
officer having thethereof
legal or by
custody of the
accompanied, record,
if the record or by kept
is not his indeputy,
the and

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.

The amendment in Section 36 is in line with the


amendment in the Rules of Civil Procedure and
the Continuous Trial in Criminal Cases. Under
the procedural set up, the offer of evidence
shall be done orally. Thus, objection must be
done orally and immediately after the officer.
RULE 132: Presentation of Evidence
C. Offer of evidence
Section 36; Objection.
OLD RULES 2019 AMENDMENT
Section 36. Objection. — Objection to evidence Section 36. Objection. — Objection to offer of
offered orally must be made immediately after evidence must be made orally immediately after
the offer is made. the offer is made.
Objection to a question propounded in the
course of the oral examination of a witness Objection to the testimony of a witness for lack
shall be made as soon as the grounds of a formal offer must be made as soon as the
therefor shall become reasonably apparent. witness begins to testify. Objection to a question
An offer of evidence in writing shall be objected propounded in the course of the oral
to within three (3) days after notice of the unless examination of a witness must be made as soon
a different period is allowed by the court. as the ground therefor become reasonably
In any case, the grounds for the objections must apparent.
be specified.
The grounds for the objections must be specified.
RULE 132: Presentation of Evidence
C. Offer of evidence
Section 37; When repetition of objection is unnecessary.
OLD RULES objection to such class of questions.
Section 37. When repetition of
objection unnecessary. — When
it becomes reasonably
apparent in the course of the
examination of a witness that the question
being propounded are of the same class as
those to which objection has been made,
whether such objection was sustained or
overruled, it shall not be necessary to
repeat the objection, it being sufficient for
the adverse party to record his continuing
2019 AMENDMENT
Section 37. When repetition of
objection unnecessary. — When it becomes
reasonably apparent in the course of the
examination of a witness that
the question being
propounded are of the same class as those
to which objection has been made,
whether such objection was sustained or
overruled, it shall not be necessary to
repeat the objection, it being sufficient
for the adverse party to record his or
her continuing objection to such class of
questions.
RULE 132: Presentation of Evidence
C. Offer of evidence
Section 38; Ruling.
OLD RULES 2019 AMENDMENT
Section 38. Ruling. — The ruling of the court must Section 38. Ruling. — The ruling of the court must
be given immediately after the objection is made, be given immediately after the objection is made,
unless the court desires to take a reasonable time unless the court desires to take a reasonable time to
to inform itself on the question presented; but inform itself on the question presented; but the
the ruling shall always be made during the trial ruling shall always be made during the trial and at
and at such time as will give the party against such time as will give the party against whom it is
whom it is made an opportunity to meet made an opportunity to meet the situation
the situation presented by the ruling. presented by the ruling.
The reason for sustaining or overruling an objection The reason for sustaining or overruling an objection
need not be stated. However, if the objection is need not be stated. However, if the objection is
based on two or more grounds, a ruling sustaining based on two or more grounds, a ruling sustaining
the objection on one or some of them must specify the objection on one or some of them must specify
the ground or grounds relied upon. the ground or grounds relied upon.
RULE 132: Presentation of Evidence
C. Offer of evidence
Section 39; Striking our answer.
OLD RULES 2019 AMENDMENT
Section 39. Striking out answer. — Should a Section 39. Striking out answer. — Should a witness
witness answer the question before the adverse answer the question before the adverse party had
party had the opportunity to voice fully its the opportunity to voice fully its objection to the
same, or where question
a is not objectionable, but
objection to the same, and such objection is the aswer is not responsive, or where a witness
found to be meritorious, the court shall sustain testifies limits
beyond without
set byathequestion
court, or being posed or
when the
the objection and order the answer given to be does a narration instead of answering the
witness
testifies
stricken off the record. question, and such objection is fou d to be
and order such nswer, test mony or narration
n to
On proper motion, the court may also order the be stricken o f the reco d.
striking out of answers which are incompetent, meritorious, fthe courtrshall sustain the objection
irrelevant, or otherwise improper. On pro er mot on, a the ourt may
i a so order the
p o otherwise
irrelevant, i c
imprope
striking out of answers which are
r r.
l
incompetent,
RULE 132: Presentation of Evidence
C. Offer of evidence
Section 39; Striking out
answer.
The amendment spelled out the instances when the Court can
strike out answer:
1. Answer is not responsive.
2. When a witness testified without a question.
3. When a witness testified beyond the limits set by the court.
4. When a witness did a narration.
5. When a witness answered to his objection.
question before the adverse had
an otherwise objectionable the
opportunity to voice fully
RULE 132: Presentation of Evidence
C. Offer of evidence
Section 40; Tender of excluded evidence.
OLD RULES substance of the proposed testimony.
Section 40. Tender of
excluded evidence. — If
documents or things offered in
evidence are excluded by the court,
the offeror may have the same
attached to or made part of the record.
If the evidence excluded is oral, the
offeror may state for the record the
name and other personal
circumstances of the witness and the
2019 AMENDMENT
Section 40. Tender of
excluded evidence. — If
documents or things offered in
evidence are excluded by the court,
the offeror may have the same
attached to or made part of the
record. If the evidence excluded is
oral, the offeror may state for the
record the name and other personal
circumstances of the witness and the
substance of the proposed testimony.
RULE 133: Weight and Sufficiency of Evidence
SECTION 1; Preponderance of evidence, how taken
OLD RULES though
i
e
Section1.Pr ponderanceoe idencehowf v ,
determined. — In civil cases, the party
burden of proof must establish his case by a
having preponderance of evidence. In determining
the preponderance or superior weight of evidence
where on the issues involved lies, the court may
all the facts and circumstances of the case, the
consider witnesses' manner of testifying, their
their means and opportunity of knowing the facts
intelligence, which there are testifying, the nature
to
which they testify, the probability or improbability
of the facts to of their testimony, their interest or
and also their personal credibility so far as the same
may
wantlegi imately appear upon the trial. The court
of interest,
the preponderance
t s not necessarily w th the
greater
may alsonumber.
consider the number of witnesses,
i
2019 AMENDMENT
e Section1.Preponderanceofevid nce,how
determined. — In civil cases, the party having
burden of proof must establish his or her case by a
the preponderance of evidence. In determining
the preponderance or superior weight of evidence
where on the issues involved lies, the court may
all the facts and circumstances of the case, the
consider witnesses' manner of testifying, their
their means and opportunity of knowing the facts
intelligence, which there are testifying, the nature to
which they testify, the probability or improbability
of the facts to of their testimony, their interest or
and also their personal credibility so far as the same
want of interest, may legi imately appear upon the trial. The court
t the preponderance s not necessarily w th the
may also consider the number of witnesses, greater number.
i
though
i
RULE 133: Weight and Sufficiency
of Evidence
Section 2; Proof beyond reasonable doubt
OLD RULES 2019 AMENDMENT
Section 2. Proof beyond reasonable doubt. — Section 2. Proof beyond reasonable doubt. —
In a criminal case, the accused is entitled to In a criminal case, the accused is entitled to
an acquittal, unless his guilt is shown beyond an acquittal, unless his or her guilt is shown
reasonable doubt. Proof beyond reasonable beyond reasonable doubt. Proof beyond
doubt does not mean such a degree of proof, reasonable doubt does not mean such a
excluding possibility of error, produces degree of proof, excluding possibility of error,
absolute certainly. Moral certainly only is produces absolute certainly. Moral certainly
required, or that degree of proof which only is required, or that degree of proof
produces conviction in an unprejudiced mind. which produces conviction in an
unprejudiced mind.
RULE 133: Weight and Sufficiency of Evidence
Section 3; Extrajudicial confession, not
sufficient ground for conviction.
OLD RULES 2019 AMENDMENT
Section 3. Extrajudicial Section 3. Extrajudicial
confession, not sufficient ground confession, not sufficient ground
for conviction. — An extrajudicial for conviction. — An extrajudicial
confession made by an accused, confession made by an accused,
shall not be sufficient ground for shall not be sufficient ground for
conviction, unless conviction, unless
corroborated by evidence of corpus corroborated by evidence of corpus
delicti. delicti.
RULE 133: Weight and Sufficiency
of Evidence
Section 4; Circumstantial evidence
OLD RULES 2019 AMENDMENT

Section 4. Circumstantial evidence, Section 4. Circumstantial evidence,


when sufficient. — Circumstantial when sufficient. — Circumstantial
evidence is sufficient for conviction if: evidence is sufficient for conviction if:
(a) There is more than one
(a) There is more than one circumstances; (b) The facts from which
circumstances; the inferences
(b) The facts from which the inferences are derived are proven; and
are derived are proven; and (c) The combination of all the
(c) The combination of all the circumstances is such as to produce a
circumstances is such as to produce conviction beyond reasonable doubt
a conviction beyond Inferences cannot be based on other
reasonable doubt. inferences.
RULE 133: Weight and Sufficiency of Evidence
Section 5; Weight to be given to expert witness, how
determined .
2019 AMENDMENT
OLD RULES
Section 5. Weight to be Given Opinion of Expert Witness,
How Determined. — In any case where the opinion of an
expe rt 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 theata;opinion is based upon
fficient fa s or
No comparable provision under the old rule. su ct d
(b)
rinciples
Whethera det
it ods;
is the product of
p n m h
(c)
and methods
reliable reliably
Whether thetowitness
the facts of the
has case;the
applied
principles
Such other factors as the court
and
(d) may deem
helpful to make such determination
RULE 133: Weight and Sufficiency of Evidence
Section 5; Weight to be given to expert witness, how
determined .
Under the old Rule, Judges do not have standards of how to give weight to
the opinion of an expert witness.
Judges can consider the following:
(a) Whether the opinion is based upon sufficient facts or data;
(b) Whether it is the product of reliable principles and methods;
(c) Whether the witness has applied the principles and methods
reliably to the facts of the case; and
(d) Such other factors as the court may deem helpful to make such
determination.
RULE 133: Weight and Sufficiency of
Evidence Section 6; Substantial evidence
OLD RULES 2019 AMENDMENT
Section 5. Substantial Evidence. — In Section 6. Substantial Evidence. — In
cases filed before administrative or quasi cases filed before administrative or quasi
judicial bodies, a fact may be deemed judicial bodies, a fact may be deemed
established if it is supported by established if it is supported by
substantial evidence, or that amount of substantial evidence, or that amount of
relevant evidence which a reasonable relevant evidence which a reasonable
mind might accept as adequate to justify mind might accept as adequate to justify
a conclusion. a conclusion.
RULE 133: Weight and Sufficiency of
Evidence Section 7; power of the Court to stop
further evidence.
OLD RULES should be exercised with caution
Section 6. Power of the court to stop
further evidence. — The court may stop
the introduction of further testimony
upon any particular point when the
evidence upon it is already so full that
more witnesses to the same point
cannot be reasonably
expected to be
additionally persuasive. But this power
2019 AMENDMENT
Section 7. Power of the Court to
Stop Further Evidence. — The court
may stop the introduction of further
testimony upon any particular point
when the evidence upon it is already
so full that more witnesses to the same
point cannot be reasonably
expected to be
additionally persuasive. This power
shall be exercised with caution.
RULE 133: Weight and Sufficiency
of Evidence
Section 8; Evidence on motion
OLD RULES 2019 AMENDMENT
Section 7. Evidence on motion. — When Section 8. Evidence on motion. — When
a motion is based on facts not appearing a motion is based on facts not appearing
of record the court may hear the matter of record the court may hear the matter
on affidavits or depositions presented by on affidavits or depositions presented by
the respective parties, but the court may the respective parties, but the court may
direct that the matter be heard wholly or direct that the matter be heard wholly or
partly on oral testimony or depositions partly on oral testimony or depositions
RULE 134: Perpetuation of
Testimony Section 1. Petition
OLD RULES 2019 AMENDMENT
Section 1. Petition. — A person who Section 1. Petition. — A person who
desires to perpetuate his own testimony desires to perpetuate his own testimony
or that of another person regarding any or that of another person regarding any
matter that may be cognizable in any matter that may be cognizable in any
court of the Philippines, any file a court of the Philippines, any file a
verified petition in the court of the verified petition in the court of the
province of the residence of any province of the residence of any
expected adverse party. expected adverse party.
RULE 134: Perpetuation of
Testimony Section 2. Contents of
Petition
OLD RULES 2019 AMENDMENT
Section 2. Contents of petition. — The petition shall be entitled in the Section 2. Contents of petition. — The petition shall be entitled in the
name of the petitioner and shall show: name of the petitioner and shall show:

(a) that the petitioner expects to be a party to an action in a (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.

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