2019 AMENDMENTS TO THE

1989 REVISED RULES ON EVIDENCE

(A.M. NO. 19-08-15-SC )

COVER PAGE
A Publication of the Supreme Court of the Philippines
Cover design by American Bar Association Rule of Law Initiative funded by USAID
Layout and design by RPLO of the Philippine Judicial Academy
Copyright © 2020

MESSAGE
Rules of procedure are a fundamental part of a judicial system. They act as a vital link
that connects the domain of substantive law with that of judicial administration. They
ensure that the results of court issuances and processes are valid and legitimate. They
guarantee that the application of the law in relation to the rights and liberties of the
public is not only accurate but also orderly, timely, and intelligible. In line with this,
the Supreme Court of the Philippines has made it Its perennial objective to constantly
improve laws on procedure so that the courts may provide eff ective service to the
public.
 Upon my assumption into offi ce
as the 26th Chief Justice of the
Philippines last year, I included in my
Ten-Point Program for the Judiciary “the
continuous revision and issuance of rules
of procedure so as to make the law more
responsive and accessible to the needs of
court-users, and the conduct by the
Philippine Judicial Academy (PHILJA)
of more skills-based training for judges
and court personnel.” This, following
what I saw was the need to
institutionalize procedural reforms that
will simplify and expedite judicial
proceedings. Two of the recent actions
taken by the Court geared towards this
objective of enhancing the effi ciency of
judicial administration have been the
approval of the amendments to the Rules of Civil Procedure and the Rules on
Evidence, both of which took eff ect on May 1, 2020.

To further enhance the execution and purpose of the amended Rules, the
Supreme Court, through the PHILJA, presents this compilation of the primer on the
amended Rules of Civil Procedure and Rules on Evidence, the text of the amended
Rules, and a comparative matrix of the old vis-à-vis the new procedural rules to assist
judges in understanding the key features of the amendments. It is my sincere hope that
this publication will be of substantial help in furthering the Court’s objective of
encouraging the speedy, inexpensive disposition of cases as a means of improving the
administration of justice.

DIOSDADO M. PERALTA
Chief Justice

MESSAGE
The Supreme Court has been steadfast in applying the Constitutional right to speedy
disposition of cases. It is an embodiment of the oft-repeated rule that “justice delayed is
justice denied.” Section 5 (5), Article VIII of the 1987 Constitution states that the Supreme
Court has the power to promulgate rules concerning pleadings, practice and procedure.
Pursuant to such power, the Court promulgated the Rules of Court, which generally govern
the resolution of court cases. Due to the passage of time, technological advancements thrived
in our society, such as the expansion of the internet and the use of electronic mail. Similarly,
new methods for the speedy resolution of cases, such as alternative dispute resolution and
effective pre-trial techniques, were developed. Further, the Philippines has acceded to
international conventions that simpli ied the recognition and service of court documents,
such as the Apostille Convention and The Hague Service Convention.
Over the years, the Supreme Court, under the auspices of its development partners, has sent
judges, justices, and court of icials to different jurisdiction on study visits to acquire
information and knowledge on how to address court docket congestion, reduce trial delays,
and improve court management. Equally important are the comments and suggestions of
stakeholders within and outside the judiciary on the speedy and ef icient disposition of
cases. The knowledge acquired and information accumulated are now re lected in the 2019
Revised Rules of Civil Procedure and 2019 Revised Rules on Evidence.
The 2019 Revised Rules on Evidence and 2019 Revised Rules of Civil Procedure were
approved by the Supreme Court En Banc on October 8, 2019 and October 15, 2019,
respectively, and became effective on May 1, 2020. The successful implementation of these
Rules is one of the Ten-Point Program of Chief Justice Diosdado M. Peralta. Through skills-
based training programs under the direction of the Philippine Judicial Academy, Chief Justice
Peralta rightfully believes that these Rules effectively address the problem of court delays.
The members of the Subcommittees on the Revision of the 1997 Rules of Civil
Procedure and Rules on Evidence and the Committee on the Revision of the Rules of Court,
when these Proposed Rules were formulated, drafted, and eventually approved, were always
guided by the principle that an effective court system should never become stale; it must
adapt with the changing times, apply the effective methods of dispute resolution, and there
must be continuous training of judges, lawyers and litigants on core values of speedy
resolution of cases. With the implementation of the 2019 Revised Rules of Civil Procedure
and 2019 Revised Rules on Evidence, it is my fervent belief that the search for truth in court
litigations will be progressive, modernized, prompt,
fair, and just.

A L E X AN DER G. G E S M UN D O
Associate Justice
Member, Committee on the Revision
of the Rules of Court
Vice Chair, Subcommittee on the Revision
of the 1997 Rules of Civil Procedure
MESSAGE
It is indeed an honor for PHILJA to take part in the media launch for the
2019 Amendments to the Rules of Civil Procedure and the Revised
Rules on Evidence, through the production of books compiling the primer,
amended texts and comparative matrices of the old and new Rules, and I
wish to extend my gratitude to the Chief Justice for entrusting PHILJA with
this task.

The 2019 Amendments to the Rules of Civil Procedure and Revised

Rules on Evidence, which took eff ect last May 1, 2020, are manifestations
of the Supreme Court’s commitment constantly to fi nd ways of improving
the effi ciency of our courts, by promulgating rules that not only simplify
and expedite court proceedings but also adapt to the needs of the changing
world.

It is our hope that the books, in both printed and digital versions,
will provide the end users an easy reference and better understanding of the
changes brought about by the amendments.
 ADOLFO S. AZCUNA
PHILJA
Chancellor

Cont e
nts
Message of Chief Justice Diosdado M. Peraltaiii

Message of Associate Justice Alexander G. Gesmundoiv

Message of PHILJA Chancellor Justice Adolfo S. Azcunav

1. Primer on the 2019 Amendments 1

to the 1989 Revised Rules on Evidence

2. 2019 Amendments to the 1989 Revised Rules 5

on Evidence (A.M. No. 19-08-15-SC)

3. Comparative Table of the 1989 Revised Rules 27

on Evidence and the 2019 Amendments
 1
P 2019
A
1989 R R
E
 PėĎĒĊė Ĕē ęčĊ 2019 AĒĊēĉĒĊēęĘ ęĔ ęčĊ
1989 RĊěĎĘĊĉ RĚđĊĘ Ĕē EěĎĉĊēĈĊ

How long did the process of amendment take? Who initiated this?
The proposed amendments to the Revised Rules on Evidence were initiated in 2008 during the term of
Chief Justice Reynato S. Puno. A Subcommittee was organized, the membership of which include then
Supreme Court (SC) Associate Justice (now Philippine Judicial Academy Vice Chancellor) Romeo J.
Callejo, Sr., as Chairperson; then SC Associate Justice Bernardo P. Pardo and retired Court of Appeals
(CA) Justice Oscar C. Herrera, as consultants; then CA Associate Justice (now retired Chief Justice)
Lucas P. Bersamin, then Sandiganbayan Associate Justice (now Chief Justice) Diosdado M. Peralta,
Judge Aloysius C. Alday, then Judge (now Deputy Court Administrator) Raul B. Villanueva, and Attys.
Rogelio A. Vinluan, Francis Ed Lim, and Jose C. Sison, representing the academe and private
practitioners, as members.
After a series of consultative meetings, the Subcommittee submitted its proposed amendments
in 2010. However, their approval was put on hold in view of advances in technology and
developments in both procedural and substantive law, jurisprudence, as well as international
conventions. After quite some time, the same proposals were reviewed and updated by the Committee
on the Revision of the Rules of Court (also known as the Mother Rule Committee) which was
reorganized in January 2019 during the term of Chief Justice Bersamin. Then SC Associate Justice,
now Chief Justice, Peralta was the Working Chairperson of the Mother Rule Committee.
The Mother Rule Committee, presided by then Associate Justice Diosdado M. Peralta, being its
Working Chairperson, reviewed, deliberated on and fi nalized the proposed amendments to the
Revised Rules on Evidence and to the 1997 Rules of Civil Procedure. The exhaustive study and review
of proposed amendments were done within eight (8) months, from the time the Mother Rule
Committee initially met on February 14, 2019 up to the approval of the proposed amendments by the
Court En Banc on October 8 and 15, 2019.

What are the signiϔicant changes?

The amendments to the Revised Rules on Evidence refl ect various Supreme Court rulings on
admissibility and evaluation of evidence. The introduction and appreciation of electronic evidence
were also further refi ned. Signifi cant amendments include provisions implementing the Apostille
Convention, to which the country is a party. The erstwhile “Best Evidence Rule” is now known as the
“Original Document Rule” in order to avoid confusion, since the rule only applies to documents.
Documentary evidence now includes recordings, photographs, words, sounds, numbers, or their
equivalent.
Privileged communications were expanded with respect to attorney-client and physician-
patient relationships. Persons reasonably believed to be attorneys and persons assisting the attorneys
are now covered by the disqualifi cation. Exceptions to the attorney-client privilege are now included,
such as if the services or advice of lawyers are sought or obtained in furtherance of crime or fraud, and
communications relevant to issues among claimants through the same deceased client and those
concerning a breach of duty by the lawyer or client, documents attested by the lawyer, and joint
clients. Aside from physicians, medical practitioners now include psychotherapists and those persons
reasonably believed by the client to be authorized to practice medicine. The privilege extends to confi
dential communication made for the purpose of diagnosis or treatment of the patient’s physical, mental

2 2019 AMENDMENTS TO THE 1989 REVISED RULES ON EVIDENCE (A.M. NO. 19-08-15-SC)
 or emotional condition. There is likewise a new provision on communications obtained by third
persons, which remain privileged provided that the original parties took reasonable precaution to
protect its confi dentiality.
Hearsay is now defi ned and diff erentiated from the rule requiring fi rsthand knowledge. Some
exceptions to the hearsay rule were modifi ed. The Deadman’s Statute was done away with and the
testimony of the survivor, as well as hearsay evidence of the deceased, may now be admitted. Acts,
declarations, and traditions about pedigree now cover family relations through adoption. Records of
regularly conducted business activities as exceptions to the hearsay rule no longer require for the
entrant to be dead or unable to testify, and covers written and electronic documents as well. A catchall
provision, known as Residual Exception, was added to cover other statements having equivalent
circumstantial guarantees of trustworthiness as those enumerated, subject to certain conditions.
There is now a clear distinction between burden of proof and burden of evidence. Witnesses
may be impeached by evidence of conviction of a crime only if such was punishable by a penalty in
excess of one (1) year, or if the crime involved moral turpitude, regardless of the penalty. All evidence
must now be off ered orally. The off er of the testimony of a witness must be made at the time the
witness is called to testify, while the off er of documentary and object evidence must be made after the
presentation of a party’s testimonial evidence. Objections to the off er of evidence must likewise be
made orally, immediately after the off er is made. Objections to the testimony of a witness for lack of a
formal off er must be made as soon as the witness begins to testify.

How would this help the public and the administration of justice?
The amendments are designed to benefi t the public since they address head-on the twin problems of
docket congestion and delays. Speedier proceedings will help in managing the heavy dockets of our
courts since cases will be resolved much quicker. With the amendments, frivolous or baseless actions
will be lessened, if not eliminated. The public and the ends of justice will surely be served by a more
effi cient judiciary.

Did we base it from other rules in other jurisdictions?

In coming up with the amendments, the rules and procedures in other jurisdictions were considered,
but always within the context of our legal system. For instance, our Revised Rules on Evidence draw
heavily from the Federal Rules of Evidence in the United States of America. However, these were
always seen and considered from the lenses of the Philippine courts. Ultimately, foreign rules were
incorporated based on the potential value they may have on our jurisdiction.

Why did we have to amend or draft new rules?

The continuous improvement of our court proceedings, which will eventually translate into a more
responsive judiciary for our people, is a constant concern for the Court. The Court has the exclusive
power to promulgate rules concerning the protection and enforcement of constitutional rights,
pleading,

PRIMER ON THE 2019 AMENDMENTS TO THE 1989 REVISED RULES ON EVIDENCE 3

practice, and procedure in all courts. With such power comes the duty to ensure that the rules are
responsive to the needs of all court users and stakeholders, adapt to technological advancements, and
properly address problems that may come up.
 Do the amendments draw from the success of other changes in the rules of
procedure? (such as the Rule on Small Claims Cases and the Revised Guidelines for
Continuous Trial in Criminal Cases)
Yes. The experiences and lessons learned in the implementation and success of the other rules were
considered when the amendments to the Revised Rules on Evidence and the 1997 Rules of Civil
Procedure were drafted. Relevant statistical data, as well as anecdotal and experiential information,
were discussed to properly frame the drafting of the new amendments.

Any message to lawyers, judges, litigants in light of these changes? (if we were to look
back at the Continuous Trial, there were a lot of resistance and complaints)
All of us are stakeholders in our Justice system. The amendments are not meant to inconvenience
anyone nor were they introduced merely for the sake of change. Rather, they were devised to improve
the administration of justice and promote the just, speedy and inexpensive disposition of cases. Neither
are the changes skewed in favor of any one stakeholder, as they were formulated with the interests of
all stakeholders in mind. There will defi nitely be an adjustment period, but rest assured that the
amendments will address more problems rather than create new ones. We encourage everyone’s
sincere participation and ask for your support in following the rules in order for these changes to
succeed.

Can we expect more amendments or new rules from the Peralta Court?
Yes. The study of the rules is an ongoing endeavor and their amendment a work in progress. The rules
will be studied as needed, and changes thereto carefully crafted. The implementation of duly approved
revised Rules of Court and their continuous revision is part of Chief Justice Peralta’s Ten-Point
Program for the Judiciary. Subcommittees have been recently reorganized to study and propose
amendments to the Revised Rules on Criminal Procedure and the Revised Rules of Procedure for
Intellectual Property
Rights Cases. Remote testimony is now under pilot testing and, lately, the Rules of Procedure for
Admiralty Cases has just been implemented last January 1, 2020.

Are the amendments easy to understand and implement?

After the lapse of an expected adjustment period, it is hoped that the amendments will be easier to
understand and implement, as these are meant to simplify and expedite proceedings. At any rate, the
Court, through the Philippine Judicial Academy, will conduct the necessary trainings or seminars to
familiarize judges, lawyers and the public in general with the changes in the Rules, as was done when
the Revised Guidelines for Continuous Trial in Criminal Cases was adopted on April 25, 2017.

4 2019 AMENDMENTS TO THE 1989 REVISED RULES ON EVIDENCE (A.M. NO. 19-08-15-SC)
 2
2019 A
1989 R
R E
(A.M. N . 19-08-15-SC)
Rules 128-129

2019 AĒĊēĉĒĊēęĘ ęĔ ęčĊ 1989

RĊěĎĘĊĉ RĚđĊĘ Ĕē EěĎĉĊēĈĊ (A.M.
NĔ. 19-08-15-SC)1

RULE 128 GENERAL PROVISIONS

Section 1. Evidence defi ned. – Evidence is the means, sanctioned by these [R]ules, of ascertaining in a
judicial proceeding the truth respecting a matter of fact. (1)

Section 2. Scope. – The rules of evidence shall be the same in all courts and in all trials and hearings,
except as otherwise provided by law or these [R]ules. (2)

Section 3. Admissibility of evidence. – Evidence is admissible when it is relevant to the issue and not
excluded by the Constitution, the law or these Rules. (3a)

1 Resolution approving the 2019 Proposed Amendments to the Revised Rules on Evidence dated October 8, 2019 (Eff ective
May 1, 2020).

6 2019 AMENDMENTS TO THE 1989 REVISED RULES ON EVIDENCE (A.M. NO. 19-08-15-SC)
Section 4. Relevancy; collateral matters. – Evidence must have such a relation to the fact in issue as to
induce belief in its existence or non-existence. Evidence on collateral matters shall not be allowed,
except when it tends in any reasonable degree to establish the probability or improbability of the fact
in issue. (4)

RULE 129 WHAT NEED NOT BE PROVED

Section 1. Judicial notice, when mandatory. – A court shall take judicial notice, without the
introduction of evidence, of the existence and territorial extent of states, their political history, forms
of government and symbols of nationality, the law of nations, the admiralty and maritime courts of the
world and their seals, the political constitution and history of the Philippines, offi cial acts of the
legislative, executive and judicial departments of the National Government of the Philippines, the laws
of nature, the measure of time, and the geographical divisions. (1a)

Section 2. Judicial notice, when discretionary. – A court may take judicial notice of matters which are
of public knowledge, or are capable of unquestionable demonstration, or ought to be known to judges
because of their judicial functions. (2)

Section 3. Judicial notice, when hearing necessary. – During the pre-trial and the trial, the court, motu
proprio or upon motion, shall hear the parties on the propriety of taking judicial notice of any matter.

Before judgment or on appeal, the court, motu proprio or upon motion, may take judicial notice of
any matter and shall hear the parties thereon if such matter is decisive of a material issue in the case. (3a)

Section 4. Judicial admissions. – An admission, oral or written, made by [the] party in the course of
the proceedings in the same case, does not require proof. The admission may be contradicted only by
showing that it was made through palpable mistake or that the imputed admission was not, in fact,
made. (4a)
 Rule 130

RULE 130 RULES OF ADMISSIBILITY

A. OBJECT (REAL) EVIDENCE

Section 1. Object as evidence. – Objects as evidence are those addressed to the senses of the court.
When an object is relevant to the fact in issue, it may be exhibited to, examined or viewed by the
court. (1)

B. DOCUMENTARY EVIDENCE

Section 2. Documentary evidence. – Documents as evidence consist of writings, recordings,

photographs or any material containing letters, words, sounds, numbers, fi gures, symbols, or their
equivalent, or other modes of written expression off ered as proof of their contents. Photographs
include still pictures, drawings, stored images, x-ray fi lms, motion pictures or videos. (2a)

1. Original Document Rule

Section 3. Original document must be produced; exceptions. – When the subject of inquiry is the
contents of a document, writing, recording, photograph or other record, no evidence is admissible
other than the original document itself, except in the following cases:

(a) When the original is lost or destroyed, or cannot be produced in court, without bad faith on
the part of the off eror;
(b) When the original is in the custody or under the control of the party against whom the
evidence is off ered, and the latter fails to produce it after reasonable notice, or the original
cannot be obtained by local judicial processes or procedures;
(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 offi cer or is recorded in a
public offi ce; and
(e) When the original is not closely-related to a controlling issue. (3a)

Section 4. Original of document. –

(a) An “original” of a document is the document itself or any counterpart intended to have the
same eff ect 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 refl ect the data
accurately, is an “original.”

(b) A “duplicate” is a counterpart produced by the same impression as the original, or from the
same matrix, or by means of photography, including enlargements and miniatures, or by
mechanical or electronic re-recording, or by chemical reproduction, or by other equivalent
techniques which accurately reproduce the original.

8 2019 AMENDMENTS TO THE 1989 REVISED RULES ON EVIDENCE (A.M. NO. 19-08-15-SC)
Rule 130

(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. (4a)

2. Secondary Evidence

Section 5. When original document is unavailable. – When the original document has been lost or
destroyed, or cannot be produced in court, the off eror, 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. (5a)

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. (6a)

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)

Section 8. Evidence admissible when original document is a public record. – When the original of a
document is in the custody of a public offi cer or is recorded in a public offi ce, its contents may be
proved by a certifi ed copy issued by the public offi cer in custody thereof. (7)

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

3. Parol Evidence Rule

Section 10. Evidence of written agreements. – 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.

However, a party may present evidence to modify, explain or add to the terms of the written
agreement if he or she puts in issue in a verifi ed pleading:

(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.

2019 AMENDMENTS TO THE 1989 REVISED RULES ON EVIDENCE A.M. NO. 19 08 15 SC 9

 Rule 130

The term “agreement” includes wills. (9a)

4. Interpretation of Documents

Section 11. Interpretation of a writing according to its legal meaning. – The language of a writing is
to be interpreted according to the legal meaning it bears in the place of its execution, unless the parties
intended otherwise. (10)

Section 12. Instrument construed so as to give eff ect to all provisions. – In the construction of an
instrument[,] where there are several provisions or particulars, such a construction is, if possible, to be
adopted as will give eff ect to all. (11)

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

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

Section 15. Peculiar signifi cation 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 signifi cation, and were so used and understood in the particular
instance, in which case the agreement must be construed accordingly. (14)

Section 16. Written words control printed. – When an instrument consists partly of written words and
partly of a printed form, and the two [(2)] are inconsistent, the former controls the latter. (15)

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

Section 18. Of two constructions, which preferred. – When the terms of an agreement have been
intended in a diff erent sense by the diff erent parties to it, that sense is to prevail against either party
in which he or she supposed the other understood it, and when diff erent 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)

Section 19. Construction in favor of natural right. – When an instrument is equally susceptible of two
[(2)] interpretations, one [(1)] in favor of natural right and the other against it, the former is to be
adopted. (18)

Section 20. Interpretation according to usage. – An instrument may be construed according to usage,
in order to determine its true character. (19)

10 2019 AMENDMENTS TO THE 1989 REVISED RULES ON EVIDENCE (A.M. NO. 19-08-15-SC)
Rule 130

C. TESTIMONIAL EVIDENCE
1. Qualifi cation of Witnesses

Section 21. Witnesses; their qualifi cations. – All persons who can perceive, and perceiving, can make
known their perception to others, may be witnesses. (20a)
Religious or political belief, interest in the outcome of the case, or conviction of a crime,
unless otherwise provided by law, shall not be a ground for disqualifi cation. (20)

[Section 21. Disqualifi cation by reason of mental incapacity or immaturity. – (Deleted)]

Section 22. Testimony confi ned 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. (36a)

Section 23. Disqualifi cation by reason of marriage. – During their marriage, the husband or the wife
cannot testify against the other without the consent of the aff ected 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)

Section 24. Disqualifi cation by reason of privileged communication[s]. – The following persons
cannot testify as to matters learned in confi dence 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 confi dence 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.
(b) An attorney or person reasonably believed by the client to be licensed to engage in the
practice of law cannot, without the consent of the client, be examined as to any
communication made by the client to him or her, or his or her advice given thereon in the
course of, or with a view to, professional employment, nor can an attorney’s secretary,
stenographer, or clerk, or other persons assisting the attorney be examined without the
consent of the client and his or her employer, concerning any fact the knowledge of which
has been acquired in such capacity, except in the following cases:

(i) Furtherance of crime or fraud. If the services or advice of the lawyer were sought or
obtained to enable or aid anyone to commit or plan to commit what the client knew or
reasonably should have known to be a crime or fraud;
(ii) Claimants through same deceased client. As to 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;
(iii) Breach of duty by lawyer or client. As to a communication relevant to an issue of
breach of duty by the lawyer to his or her client, or by the client to his or her lawyer;
(iv) Document attested by the lawyer. As to a communication relevant to an issue
concerning an attested document to which the lawyer is an attesting witness; or

2019 AMENDMENTS TO THE 1989 REVISED RULES ON EVIDENCE A.M. NO. 19 08 15 SC 11

 Rule 130

(v) Joint clients. As to a communication relevant to a matter of common interest between

two [(2)] or more clients if the communication was made by any of them to a lawyer
retained or consulted in common, when off ered in an action between any of the
clients, unless they have expressly agreed otherwise.

(c) A physician, psychotherapist or person reasonably believed by the patient to be authorized

to practice medicine or psychotherapy cannot in a civil case, without the consent of the
patient, be examined as to any confi dential communication made for the purpose of
diagnosis or treatment of the patient’s physical, mental or emotional condition, including
alcohol or drug addiction, between the patient and his or her physician or psychotherapist.
This privilege also applies to persons, including members of the patient’s family, who have
participated in the diagnosis or treatment of the patient under the direction of the physician
or psychotherapist.

A “psychotherapist” is:

(a) A person licensed to practice medicine engaged in the diagnosis or treatment of a

mental or emotional condition, or
(b) A person licensed as a psychologist by the government while similarly engaged.

(d) A minister, priest or person reasonably believed to be so cannot, without the consent of the
aff ected person, be examined as to any communication or confession made to or any
advice given by him or her, in his or her professional character, in the course of discipline
enjoined by the church to which the minister or priest belongs.
(e) A public offi cer cannot be examined during or after his or her tenure as to
communications made to him or her in offi cial confi dence, when the court fi nds that the
public interest would suff er by the disclosure.
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 confi dentiality. (24a)

2. Testimonial Privilege

Section 25. Parental and fi lial privilege. – No person shall be compelled to testify against his or her
parents, other direct ascendants, children or other direct descendants, except when such testimony is
indispensable in a crime against that person or by one parent against the other. (25a)

Section 26. Privilege relating to trade secrets. – A person cannot be 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. (n)

3. Admissions and Confessions

Section 27. Admission of a party. – The act, declaration or omission of a party as to a relevant fact
may be given in evidence against him or her. (26a)
Section 28. Off er of compromise not admissible. – In civil cases, an off er of compromise is not an
admission of any liability, and is not admissible in evidence against the off eror. Neither is evidence of

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Rule 130

conduct nor statements made in compromise negotiations admissible, except evidence otherwise
discoverable or off ered for another purpose, such as proving bias or prejudice of a witness, negativing
a contention of undue delay, or proving an eff ort to obstruct a criminal investigation or prosecution.
In criminal cases, except those involving quasi-off enses (criminal negligence) or those
allowed by law to be compromised, an off er of compromise by the accused may be received in
evidence as an implied admission of guilt.
A plea of guilty later withdrawn or an unaccepted off er of a plea of guilty to a lesser off ense
is not admissible in evidence against the accused who made the plea or off er. Neither is any statement
made in the course of plea bargaining with the prosecution, which does not result in a plea of guilty or
which results in a plea of guilty later withdrawn, admissible.
An off er to pay[,] or the payment of medical, hospital or other expenses occasioned by an
injury[,] is not admissible in evidence as proof of civil or criminal liability for the injury. (27a)

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

Section 30. Admission by co-partner or agent. – The act or declaration of a partner or agent authorized
by the party to make a statement concerning the subject, or within the scope of his or her authority[,]
and during the existence of the partnership or agency, may be given in evidence against such party
after the partnership or agency is shown by evidence other than such act or declaration. The same rule
applies to the act or declaration of a joint owner, joint debtor, or other person jointly interested with
the party. (29a)

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

Section 32. 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. (31a)

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. (32a)

Section 34. Confession. – The declaration of an accused acknowledging his or her guilt of the off ense
charged, or of any off ense necessarily included therein, may be given in evidence against him or her.
(33a)

4. Previous Conduct [a]s Evidence

Section 35. Similar acts as evidence. – Evidence that one did or did not do a certain thing at one time
is not admissible to prove that he or she did or did not do the same or similar thing at another time; but
it may be received to prove a specifi c intent or knowledge, identity, plan, system, scheme, habit,
custom or usage, and the like. (34a)

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 Rule 130

Section 36. Unaccepted off er. – An off er in writing to pay a particular sum of money or to deliver a
written instrument or specifi c personal property is, if rejected without valid cause, equivalent to the
actual production and tender of the money, instrument, or property. (35)

[Section 36. Testimony generally confi ned to personal knowledge; hearsay excluded. (Transposed to
Sec. 22. Testimony confi ned to personal knowledge.)]

5. Hearsay

Section 37. Hearsay. – Hearsay is a statement other than one made by the declarant while testifying at
a trial or hearing, off ered to prove the truth of the facts asserted therein. A statement is (1) an oral or
written assertion or (2) a non-verbal conduct of a person, if it is intended by him or her as an assertion.
Hearsay evidence is inadmissible except as otherwise provided in these Rules.
A statement is not hearsay if the declarant testifi es 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 off ered to rebut an
express or implied charge against the declarant of recent fabrication or improper infl uence or motive;
or (c) one of identifi cation of a person made after perceiving him or her. (n)

6. Exceptions [t]o [t]he Hearsay Rule

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

Section 39. Statement of decedent or person of unsound mind. – In an action against an executor or
administrator or other representative of a deceased person, or against a person of unsound mind, upon
a claim or demand against the estate of such deceased person or against such person of unsound mind,
where a party or assignor of a party or a person in whose behalf a case is prosecuted testifi es on a
matter of fact occurring before the death of the deceased person or before the person became of
unsound mind, any statement of the deceased or the person of unsound mind, may be received in
evidence if the statement was made upon the personal knowledge of the deceased or the person of
unsound mind at a time when the matter had been recently perceived by him or her and while his or
her recollection was clear. Such statement, however, is inadmissible if made under circumstances
indicating its lack of trustworthiness. (23a)

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 off ered to exculpate the accused is
not admissible unless corroborating circumstances clearly indicate the trustworthiness of the
statement. (38a)

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

14 2019 AMENDMENTS TO THE 1989 REVISED RULES ON EVIDENCE (A.M. NO. 19-08-15-SC)
Rule 130

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 [(2)] 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.
(39a)

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[,] affi nity, 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. (40a)

Section 43. Common reputation. – Common reputation existing previous to the controversy, as to
boundaries of or customs aff ecting 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. (41a)

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
signifi cance, may be received as part of the res gestae. (42a)

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
qualifi ed witnesses, is excepted from the rule on hearsay evidence. (43a)

Section 46. Entries in offi cial records. – Entries in offi cial records made in the performance of his
or her duty by a public offi cer 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. (44a)

Section 47. Commercial lists and the like. – Evidence of statements of matters of interest to persons
engaged in an occupation contained in a list, register, periodical, or other published compilation is
admissible as tending to prove the truth of any relevant matter so stated if that compilation is
published for use by persons engaged in that occupation and is generally used and relied upon by them
therein. (45)

Section 48. Learned treatises. – A published treatise, periodical or pamphlet on a subject of history,
law, science, or art is admissible as tending to prove the truth of a matter stated therein if the court
takes judicial notice, or a witness expert in the subject testifi es, that the writer of the statement in the

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 Rule 130

treatise, periodical or pamphlet is recognized in his or her profession or calling as expert in the
subject. (46a)

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 cross-examine him or her. (47a)
Section 50. Residual exception. – A statement not specifi cally covered by any of the foregoing
exceptions, having equivalent circumstantial guarantees of trustworthiness, is admissible if the court
determines that (a) the statement is off ered as evidence of a material fact; (b) the statement is more
probative on the point for which it is off ered than any other evidence which the proponent can
procure through reasonable eff orts; and (c) the general purposes of these [R]ules and the interests of
justice will be best served by admission of the statement into evidence. However, a statement may not
be admitted under this exception unless the proponent makes known to the adverse party, suffi ciently
in advance of the hearing, or by the pre-trial stage in the case of a trial of the main case, to provide the
adverse party with a fair opportunity to prepare to meet it, the proponent’s intention to off er the
statement and the particulars of it, including the name and address of the declarant. (n)

7. Opinion Rule

Section 51. General rule. – The opinion of a witness is not admissible, except as indicated in the
following sections. (48)

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

Section 53. Opinion of ordinary witnesses. – The opinion of a witness, for which proper basis is given,
may be received in evidence regarding –

(a) [T]he identity of a person about whom he or she has adequate knowledge;
(b) A handwriting with which he or she has suffi cient familiarity; and
(c) The mental sanity of a person with whom he or she is suffi ciently acquainted.

The witness may also testify on his or her impressions of the emotion, behavior, condition or
appearance of a person. (50a)

8. Character Evidence

Section 54. Character evidence not 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:

(a) In Criminal Cases:

(1) The character of the off ended party may be proved if it tends to establish in any
reasonable degree the probability or improbability of the off ense charged.

16 2019 AMENDMENTS TO THE 1989 REVISED RULES ON EVIDENCE (A.M. NO. 19-08-15-SC)
Rule 130

(2) The accused may prove his or her good moral character[,] pertinent to the moral trait
involved in the off ense charged. However, the prosecution may not prove his or her
bad moral character unless on rebuttal.
(b) In Civil Cases:
Evidence of the moral character of a party in a civil case is admissible only when pertinent
to the issue of character involved in the case.

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 Rules 130-131

(c) In Criminal and Civil Cases:

Evidence of the good character of a witness is not admissible until such character has been
impeached.
In all cases in which evidence of character or a trait of character of a person is admissible,
proof may be made by testimony as to reputation or by testimony in the form of an opinion. On
cross-examination, inquiry is allowable into relevant specifi c instances of conduct.
In cases in which character or a trait of character of a person is an essential element of a
charge, claim or defense, proof may also be made of specifi c instances of that person’s conduct.
(51a; 14, Rule 132)

RULE 131 BURDEN OF PROOF, BURDEN OF EVIDENCE AND PRESUMPTIONS

Section 1. Burden of proof and burden of evidence. – Burden of proof is the duty of a party to present
evidence on the facts in issue necessary to establish his or her claim or defense by the amount of
evidence required by law. Burden of proof never shifts.
Burden of evidence is the duty of a party to present evidence suffi cient 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. (1a)

Section 2. Conclusive presumptions. – The following are instances of conclusive presumptions:

(a) Whenever a party has, by his or her own declaration, act, or omission, intentionally and
deliberately led another to believe a particular thing true, and to act upon such belief, he or
she cannot, in any litigation arising out of such declaration, act or omission, be permitted to
falsify it; and
(b) The tenant is not permitted to deny the title of his or her landlord at the time of the
commencement of the relation of landlord and tenant between them. (2a)

Section 3. Disputable presumptions. – The following presumptions are satisfactory if uncontradicted,

but may be contradicted and overcome by other evidence:

(a) That a person is innocent of crime or wrong;

(b) That an unlawful act was done with an unlawful intent;
(c) That a person intends the ordinary consequences of his or her voluntary act;
(d) That a person takes ordinary care of his or her concerns;
(e) That evidence willfully suppressed would be adverse if produced;
(f) That money paid by one to another was due to the latter;
(g) That a thing delivered by one to another belonged to the latter;
(h) That an obligation delivered up to the debtor has been paid;
(i) That prior rents or installments had been paid when a receipt for the later one is produced;
(j) That a person found in possession of a 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
exercises acts of ownership over, are owned by him or her;

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Rule 131

(k) That a person in possession of an order on himself or herself for the payment of the
money, or the delivery of anything, has paid the money or delivered the thing accordingly;
(l) That a person acting in a public offi ce was regularly appointed or elected to it;
(m) That offi cial duty has been regularly performed;
(n) That a court, or judge acting as such, whether in the Philippines or elsewhere, was acting
in the lawful exercise of jurisdiction;
(o) That all the matters within an issue raised in a case were laid before the court and passed
upon by it; and in like manner that all matters within an issue raised in a dispute submitted
for arbitration were laid before the arbitrators and passed upon by them;
(p) That private transactions have been fair and regular;
(q) That the ordinary course of business has been followed;
(r) That there was a suffi cient consideration for a contract;
(s) That a negotiable instrument was given or indorsed for a suffi cient consideration;
(t) That an indorsement of a negotiable instrument was made before the instrument was
overdue and at the place where the instrument is dated;
(u) That a writing is truly dated;
(v) That a letter duly directed and mailed was received in the regular course of the mail;
(w) That after an absence of seven [(7)] years, it being unknown whether or not the absentee
still lives, he or she is considered dead for all purposes, except for those of succession.
The absentee shall not be considered dead for the purpose of opening his or her succession until
after an absence of ten [(10)] years. If he or she disappeared after the age of seventyfi ve
[(75)] years, an absence of fi ve [(5)] years shall be suffi cient in order that his or her
succession may be opened.
The following shall be considered dead for all purposes including the division of the estate
among the heirs:
(1) A person on board a vessel lost during a sea voyage, or an aircraft which is missing,
who has not been heard of for four [(4)] years since the loss of the vessel or aircraft;
(2) A member of the armed forces who has taken part in armed hostilities, and has been
missing for four [(4)] years;
(3) A person who has been in danger of death under other circumstances and whose
existence has not been known for four [(4)] years; and
(4) If a married person has been absent for four [(4)] consecutive years, the spouse present
may contract a subsequent marriage if he or she has a well-founded belief that the
absent spouse is already dead. In case of disappearance, where there is a danger of
death[, under] the circumstances hereinabove provided, an absence of only two [(2)]
years shall be suffi cient for the purpose of contracting a subsequent marriage.
However, in any case, before marrying again, the spouse present must institute
summary proceeding[s] as provided in the Family Code and in the rules for declaration
of presumptive death of the absentee, without prejudice to the eff ect of reappearance
of the absent spouse[;]
(x) That acquiescence resulted from a belief that the thing acquiesced in was conformable to
the law or fact;

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 Rule 131

(y) That things have happened according to the ordinary course of nature and ordinary nature
habits of life;
(z) That persons acting as copartners have entered into a contract of copartnership;
(aa) That a man and woman deporting themselves as husband and wife have entered into a
lawful contract of marriage;
(bb) That property acquired by a man and a woman who are capacitated to marry each other
and who live exclusively with each other as husband and wife[,] without the benefi t of
marriage or under a void marriage, has been obtained by their joint eff orts, work or
industry[;]
(cc) That in cases of cohabitation by a man and a woman who are not capacitated to marry
each other and who have acquired property through their actual joint contribution of
money, property or industry, such contributions and their corresponding shares[,]
including joint deposits of money and evidences of credit[,] are equal[;]
(dd) That if the marriage is terminated and the mother contracted another marriage within three
hundred [(300)] days after such termination of the former marriage, these rules shall
govern in the absence of proof to the contrary:
(1) A child born before one hundred eighty (180) days after the solemnization of the
subsequent marriage is considered to have been conceived during [the former]
marriage, [provided] it be born within the three hundred [(300)] days after the
termination of the former marriage; and
(2) A child born after one hundred eighty (180) days following the celebration of the
subsequent marriage is considered to have been conceived during such marriage, even
though it be born within the three hundred [(300)] days after the termination of the
former marriage[;]
(ee) That a thing once proved to exist continues as long as is usual with things of that nature;
(ff ) That the law has been obeyed;
(gg) That a printed or published book, purporting to be printed or published by public
authority, was so printed or published;
(hh) That a printed or published book, purporting to contain reports of cases adjudged in
tribunals of the country where the book is published, contains correct reports of such
cases;
(ii) That a trustee or other person whose duty it was to convey real property to a particular
person has actually conveyed it to him or her when such presumption is necessary to
perfect the title of such person or his or her successor in interest;
(jj) That except for purposes of succession, when two [(2)] persons perish in the same
calamity, such as wreck, battle, or confl agration, and it is not shown who died fi rst, and
there are no particular circumstances from which it can be inferred, the survivorship is
determined from the probabilities resulting from the strength and the age of the sexes,
according to the following rules:
1. If both were under the age of fi fteen [(15)] years, the older is deemed to have
survived;
2. If both were above the age of sixty [(60)], the younger is deemed to have survived;

20 2019 AMENDMENTS TO THE 1989 REVISED RULES ON EVIDENCE (A.M. NO. 19-08-15-SC)
 3. If one is under fi fteen [(15)] and the other above sixty [(60)], the former is deemed to
have survived;
4. If both be over fi fteen [(15)] and under sixty [(60)], and the sex be diff erent, the male
is deemed to have survived, if the sex be the same, the older; and
Rules 131-132

5. If one be under fi fteen [(15)] or over sixty [(60)], and the other between those ages,
the latter is deemed to have survived;
(kk) That if there is a doubt, as between two [(2)] or more persons who are called to succeed
each other, as to which of them died fi rst, whoever alleges the death of one prior to the
other, shall prove the same; in the absence of proof, they shall be considered to have died
at the same time. (3a)

Section 4. No presumption of legitimacy or illegitimacy. – There is no presumption of legitimacy or

illegitimacy of a child born after three hundred [(300)] days following the dissolution of the marriage or
the separation of the spouses. Whoever alleges the legitimacy or illegitimacy of such child must prove
his or her allegation. (4a)

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 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. (n)

Section 6. Presumption against an accused in criminal cases. – If a presumed fact that establishes guilt,
is an element of the off ense 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. (n)

RULE 132 PRESENTATION OF EVIDENCE

A. EXAMINATION OF WITNESSES

Section 1. Examination to be done in open court. – The examination of witnesses presented in a trial or
hearing shall be done in open court, and under oath or affi rmation. Unless the witness is incapacitated
to speak, or the question calls for a diff erent mode of answer, the answers of the witness shall be given
orally. (1)

Section 2. Proceedings to be recorded. – The entire proceedings of a trial or hearing, including the
questions propounded to a witness and his or her answers thereto, and the statements made by the judge
or any of the parties, counsel, or witnesses with reference to the case, shall be recorded by means of
shorthand or stenotype or by other means of recording found suitable by the court.
A transcript of the record of the proceedings made by the offi cial stenographer, stenotypist or
recorder and certifi ed as correct by him or her, shall be deemed prima facie a correct statement of such
proceedings. (2a)

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

(1) To be protected from irrelevant, improper, or insulting questions, and from harsh or
insulting demeanor;
(2) Not to be detained longer than the interests of justice require;
(3) Not to be examined except only as to matters pertinent to the issue;

22 2019 AMENDMENTS TO THE 1989 REVISED RULES ON EVIDENCE (A.M. NO. 19-08-15-SC)
 (4) Not to give an answer which will tend to subject him or her to a penalty for an off ense
unless otherwise provided by law; or
(5) Not to give an answer which will tend to degrade his or her reputation, unless it be to the
very fact at issue or to a fact from which the fact in issue would be presumed. But a
witness must answer to the fact of his or her previous fi nal conviction for an off ense.
(3a)

Section 4. Order in the examination of an individual witness. – The order in which an individual
witness may be examined is as follows:

(a) Direct examination by the proponent;

(b) Cross-examination by the opponent;
(c) Re-direct examination by the proponent;
(d) Re-cross[-]examination by the opponent. (4)

Section 5. Direct examination. – Direct examination is the examination-in-chief of a witness by the

party presenting him or her on the facts relevant to the issue. (5a)

Section 6. Cross-examination; its purpose and extent. – Upon the termination of the direct
examination, the witness may be cross-examined by the adverse party on any relevant matter, with
suffi cient fullness and freedom to test his or her accuracy and truthfulness and freedom from interest
or bias, or the reverse, and to elicit all important facts bearing upon the issue. (6a)

Section 7. Re-direct examination; its purpose and extent. – After the cross-examination of the witness
has been concluded, he or she may be re-examined by the party calling him or her to explain or
supplement his or her answers given during the cross-examination. On re-direct examination,
questions on matters not dealt with during the cross-examination may be allowed by the court in its
discretion. (7a)

Section 8. Re-cross[-]examination. – Upon the conclusion of the re-direct examination, the adverse
party may re-cross-examine the witness on matters stated in his or her re-direct examination, and also
on such other matters as may be allowed by the court in its discretion. (8a)

Section 9. Recalling witness. – After the examination of a witness by both sides has been concluded,
the witness cannot be recalled without leave of the court. The court will grant or withhold leave in its
discretion, as the interests of justice may require. (9)

Section 10. Leading and misleading questions. – A question which suggests to the witness the answer
which the examining party desires is a leading question. It is not allowed, except:

(a) On cross-examination;
(b) On preliminary matters;
(c) When there is diffi culty in getting direct and intelligible answers from a witness who is
ignorant, a child of tender years, is of feeble mind, or a deaf-mute;
(d) Of an unwilling or hostile witness; or

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 Rule 132
(e) Of a witness who is an adverse party or an offi cer, director, or managing agent of a
public or private corporation[,] or of a partnership or association which is an adverse
party.
A misleading question is one which assumes as true a fact not yet testifi ed to by the witness,
or contrary to that which he or she has previously stated. It is not allowed. (10a)
Rule 132

Section 11. Impeachment of adverse party’s witness. – A witness may be impeached by the party
against whom he or she was called, by contradictory evidence, by evidence that his or her general
reputation for truth, honesty, or integrity is bad, or by evidence that he or she has made at other times
statements inconsistent with his or her present testimony, but not by evidence of particular wrongful
acts, except that it may be shown by the examination of the witness, or record of the judgment, that he
or she has been convicted of an off ense. (11a)

Section 12. Impeachment by evidence of conviction of crime . – For the purpose of impeaching a
witness, evidence that he or she has been convicted by fi nal judgment of a crime shall be admitted if
(a) the crime was punishable by a penalty in excess of one [(1)] 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 the conviction. (n)

Section 13. Party may not impeach his or her own witness. – Except with respect to witnesses referred
to in paragraphs (d) and (e) of Section 10 of this Rule, the party presenting the witness is not allowed
to impeach his or her credibility.
A witness may be considered as unwilling or hostile only if so declared by the court upon
adequate showing of his or her adverse interest, unjustifi ed reluctance to testify, or his or her having
misled the party into calling him or her to the witness stand.
The unwilling or hostile witness so declared, or the witness who is an adverse party, may be
impeached by the party presenting him or her in all respects as if he or she had been called by the
adverse party, except by evidence of his or her bad character. He or she may also be impeached and
cross-examined by the adverse party, but such cross-examination must only be on the subject matter of
his or her examination-in-chief. (12a)

Section 14. How witness impeached by evidence of inconsistent statements. – Before a witness can be
impeached by evidence that he or she has made at other times statements inconsistent with his or her
present testimony, the statements must be related to him or her, with the circumstances of the times
and places and the persons present, and he or she must be asked whether he or she made such
statements, and if so, allowed to explain them. If the statements be in writing[,] they must be shown to
the witness before any question is put to him or her concerning them. (13a)

[Section 14. Evidence of good character of witness. – (Incorporated in Section 54, Rule 130)]

Section 15. Exclusion and separation of witnesses. – The court, motu proprio or upon motion, shall
order witnesses excluded so that they cannot hear the testimony of other witnesses. This rule does not
authorize exclusion of (a) a party who is a natural person, (b) a duly designated representative of a
juridical entity which is a party to the case, (c) a person whose presence is essential to the presentation
of the party’s cause, or (d) a person authorized by a statute to be present.

24 2019 AMENDMENTS TO THE 1989 REVISED RULES ON EVIDENCE (A.M. NO. 19-08-15-SC)
 The court may also cause witnesses to be kept separate and to be prevented from conversing
with one another, directly or through intermediaries, until all shall have been examined. (15a)

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 a 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. (16a)

Section 17. When part of transaction, writing or record given in evidence, the remainder admissible.
– When part of an act, declaration, conversation, writing or record is given in evidence by one party,
the whole of the same subject may be inquired into by the other, and when a detached act, declaration,
conversation, writing or record is given in evidence, any other act, declaration, conversation, writing
or record necessary to its understanding may also be given in evidence. (17)

Section 18. Right to inspect writing shown to witness. – Whenever a writing is shown to a witness, it
may be inspected by the adverse party. (18)

B. AUTHENTICATION AND PROOF OF DOCUMENTS

Section 19. Classes of documents. – For the purpose of their presentation in evidence, documents are
either public or private.
Public documents are:
(a) The written offi cial acts, or records of the sovereign authority, offi cial bodies and
tribunals, and public offi cers, whether of the Philippines, or of a foreign country;
(b) Documents acknowledged before a notary public except last wills and testaments;
(c) Documents that are considered public documents under treaties and conventions which are
in force between the Philippines and the country of source; and
(d) Public records, kept in the Philippines, of private documents required by law to be entered
therein.

All other writings are private. (19a)

Section 20. Proof of private document[s]. – Before any private document off ered as authentic is
received in evidence, its due execution and authenticity must be proved by any of the following
means:

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

(b) By evidence of the genuineness of the signature or handwriting of the maker[;] or (c)
By other evidence showing its due execution and authenticity.

Any other private document need only be identifi ed as that which it is claimed to be. (20)

2019 AMENDMENTS TO THE 1989 REVISED RULES ON EVIDENCE A.M. NO. 19 08 15 SC 25

 Rule 132
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. (21)

Section 22. How genuineness of handwriting proved. – The handwriting of a person may be proved by
any witness who believes it 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 has thus acquired knowledge of the handwriting of such person. Evidence respecting the
Rule 132

handwriting 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 off ered, or proved to be
genuine to the satisfaction of the judge. (22)

Section 23. Public documents as evidence. – Documents consisting of entries in public records made
in the performance of a duty by a public offi cer 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)

Section 24. Proof of offi cial record. – The record of public documents referred to in paragraph (a) of
Section 19, when admissible for any purpose, may be evidenced by an offi cial publication thereof or
by a copy attested by the offi cer having the legal custody of the record, or by his or her deputy, and
accompanied, if the record is not kept in the Philippines, with a certifi cate that such offi cer has the
custody.
If the offi ce in which the record is kept is in a foreign country, which is a contracting party to
a treaty or convention to which the Philippines is also a party, or considered a public document under
such treaty or convention pursuant to paragraph (c) of Section 19 hereof, the certifi cate 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.
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 certifi cate may be made by a secretary of
the embassy or legation, consul general, consul, vice-consul, or consular agent or by any offi cer 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] offi ce.
A document that is accompanied by a certifi cate or its equivalent may be presented in
evidence without further proof, the certifi cate or its equivalent being prima facie evidence of the due
execution and genuineness of the document involved. The certifi cate shall not be required when a
treaty or convention between a foreign country and the Philippines has abolished the requirement, or
has exempted the document itself from this formality. (24a)

Section 25. What attestation of copy must state. – Whenever a copy of a document or record is attested
for the purpose of evidence, the attestation must state, in substance, that the copy is a correct copy of
the original, or a specifi c part thereof, as the case may be. The attestation must be under the offi cial
seal of the attesting offi cer, if there be any, or if he or she be the clerk of a court having a seal, under
the seal of such court. (25a)

26 2019 AMENDMENTS TO THE 1989 REVISED RULES ON EVIDENCE (A.M. NO. 19-08-15-SC)
Section 26. Irremovability of public record. – Any public record, an offi cial copy of which is
admissible in evidence, must not be removed from the offi ce in which it is kept, except upon order of
a court where the inspection of the record is essential to the just determination of a pending case. (26)

Section 27. Public record of a private document. – An authorized public record of a private document
may be proved by the original record, or by a copy thereof, attested by the legal custodian of the
record, with an appropriate certifi cate that such offi cer has the custody. (27)

Section 28. Proof of lack of record. – A written statement signed by an offi cer having the custody of
an offi cial record or by his or her deputy that[,] after diligent search[,] no record or entry of a specifi
ed tenor is found to exist in the records of his or her offi ce, accompanied by a certifi cate as above
provided, is admissible as evidence that the records of his or her offi ce contain no such record or
entry. (28a)
Section 29. How judicial record impeached. – Any judicial record may be impeached by evidence of:
(a) want of jurisdiction in the court or judicial offi cer[;]
(b) collusion between the parties[;] or
(c) fraud in the party off ering the record, in respect to the proceedings. (29)

Section 30. Proof of notarial documents. – Every instrument duly acknowledged or proved and certifi
ed as provided by law, may be presented in evidence without further proof, the certifi cate of
acknowledgment being prima facie evidence of the execution of the instrument or document involved.
(30)

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

Section 32. Seal. – There shall be no diff erence between sealed and unsealed private documents
insofar as their admissibility as evidence is concerned. (32)

Section 33. Documentary evidence in an unoffi cial language. – Documents written in an unoffi cial
language shall not be admitted as evidence, unless accompanied with a translation into English or
Filipino. To avoid interruption of proceedings, parties or their attorneys are directed to have such
translation prepared before trial. (33)

C. OFFER AND OBJECTION

Section 34. Off er of evidence. – The court shall consider no evidence which has not been formally off
ered. The purpose for which the evidence is off ered must be specifi ed. (34)

Section 35. When to make off er. – All evidence must be off ered orally.
The off er of the testimony of a witness in evidence must be made at the time the witness is
called to testify.

2019 AMENDMENTS TO THE 1989 REVISED RULES ON EVIDENCE A.M. NO. 19 08 15 SC 27

 Rule 132
The off er of documentary and object evidence shall be made after the presentation of a party’s
testimonial evidence. (35a)

Section 36. Objection. – Objection to off er of evidence must be made orally immediately after the off
er is made.
Objection to the testimony of a witness for lack of a formal off er must be made as soon as the
witness begins to testify. Objection to a question propounded in the course of the oral examination of
a witness must be made as soon as the grounds therefor become reasonably apparent. The grounds for
the objections must be specifi ed. (36a)

Section 37. When repetition of objection unnecessary. – When it becomes reasonably apparent in the
course of the examination of a witness that the questions 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 suffi cient for the adverse party to record his or her
continuing objection to such class of questions. (37a)
Rules 132-133

Section 38. Ruling. – The ruling of the court must be given immediately after the objection is made,
unless the court desires to take a reasonable time to inform itself on the question presented; but the
ruling shall always be made during the trial and at such time as will give the party against whom it is
made an opportunity to meet the situation presented by the ruling.
The reason for sustaining or overruling an objection need not be stated. However, if the
objection is based on two [(2)] or more grounds, a ruling sustaining the objection on one [(1)] or some
of them must specify the ground or grounds relied upon. (38)

Section 39. Striking out [of] answer. – Should a witness answer the question before the adverse party
had the opportunity to voice fully its objection to the same, or where a question is not objectionable,
but the answer is not responsive, or where a witness testifi es without a question being posed or testifi
es beyond limits set by the court, or when the witness does a narration instead of answering the
question, and such objection is found to be meritorious, the court shall sustain the objection and order
such answer, testimony or narration to be stricken off the record.
On proper motion, the court may also order the striking out of answers which are incompetent,
irrelevant, or otherwise improper. (39a)

Section 40. Tender of excluded evidence. – If documents or things off ered in evidence are excluded by
the court, the off eror may have the same attached to or made part of the record. If the evidence
excluded is oral, the off eror may state for the record the name and other personal circumstances of the
witness and the substance of the proposed testimony. (40)

RULE 133 WEIGHT AND SUFFICIENCY OF EVIDENCE

Section 1. Preponderance of evidence, how determined. – In civil cases, the party having the burden of
proof must establish his or her case by a preponderance of evidence. In determining where the
preponderance or superior weight of evidence on the issues involved lies, the court may consider all
the facts and circumstances of the case, the witnesses’ manner of testifying, their intelligence, their
means and opportunity of knowing the facts to which they are testifying, the nature of the facts to
which they testify, the probability or improbability of their testimony, their interest or want of interest,
and also their personal credibility so far as the same may legitimately appear upon the trial. The court

28 2019 AMENDMENTS TO THE 1989 REVISED RULES ON EVIDENCE (A.M. NO. 19-08-15-SC)
may also consider the number of witnesses, though the preponderance is not necessarily with the
greater number. (1a)

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

Section 3. Extrajudicial confession, not suffi cient ground for conviction. – An extrajudicial
confession made by an accused shall not be suffi cient ground for conviction, unless corroborated by
evidence of corpus delicti. (3)

2019 AMENDMENTS TO THE 1989 REVISED RULES ON EVIDENCE A.M. NO. 19 08 15 SC 29

 Rule 133

Section 4. Circumstantial evidence, when suffi cient. – Circumstantial evidence is suffi cient for
conviction if:

(a) There is more than one [(1)] circumstance;

(b) The facts from which the inferences are derived are proven; and
(c) The combination of all the circumstances is such as to produce a conviction beyond
reasonable doubt.

Inferences cannot be based on other inferences. (4a)

Section 5. Weight to be given opinion of expert witness, how determined. – In any case where the
opinion of an expert witness is received in evidence, the court has a wide latitude of discretion in
determining the weight to be given to such opinion, and for that purpose may consider the following:

(a) Whether the opinion is based upon suffi cient 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. (n)

Section 6. Substantial evidence. – In cases fi led before administrative or quasi-judicial bodies, a fact
may be deemed established if it is supported by substantial evidence, or that amount of relevant
evidence which a reasonable mind might accept as adequate to justify a conclusion. (5)

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. (6a)

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

30 2019 AMENDMENTS TO THE 1989 REVISED RULES ON EVIDENCE (A.M. NO. 19-08-15-SC)
 3
C T
1989 R
R E

2019 A
Rule 128

CĔĒĕĆėĆęĎěĊ TĆćđĊ Ĕċ ęčĊ 1989 RĊěĎĘĊĉ RĚđĊĘ

Ĕē EěĎĉĊēĈĊ Ćēĉ ęčĊ 2019 AĒĊēĉĒĊēęĘ

RULE 128
GENERAL PROVISIONS

REVISED RULES ON EVIDENCE 2019 AMENDMENTS

32 2019 AMENDMENTS TO THE 1989 REVISED RULES ON EVIDENCE (A.M. NO. 19-08-15-SC)
Section 1. Evidence defi ned. – Evidence is Section 1. Evidence defi ned. – Evidence is
the means, sanctioned by these rules, of the means, sanctioned by these [R]ules, of
ascertaining in a judicial proceeding the ascertaining in a judicial proceeding the
truth respecting a matter of fact. (1) truth respecting a matter of fact. (1)

Section 2. Scope. – The rules of evidence Section 2. Scope. – The rules of evidence
shall be the same in all courts and in all shall be the same in all courts and in all
trials and hearings, except as otherwise trials and hearings, except as otherwise
provided by law or these rules. (2a) provided by law or these [R]ules. (2)

Section 3. Admissibility of evidence. – Section 3. Admissibility of evidence. –

Evidence is admissible when it is relevant to Evidence is admissible when it is relevant to
the issue and is not excluded by the law or the issue and not excluded by the
these rules. (3a) Constitution, the law or these Rules. (3a)

Section 4. Relevancy; collateral matters. – Section 4. Relevancy; collateral matters. –

Evidence must have such a relation to the Evidence must have such a relation to the
fact in issue as to induce belief in its fact in issue as to induce belief in its
existence or non-existence. Evidence on existence or non-existence. Evidence on
collateral matters shall not be allowed, collateral matters shall not be allowed,
except when it tends in any reasonable except when it tends in any reasonable
degree to establish the probability or degree to establish the probability or
improbability of the fact in issue. (4a) improbability of the fact in issue. (4)
Rule 129

RULE 129
WHAT NEED NOT BE PROVED

REVISED RULES ON EVIDENCE 2019 AMENDME

Section 1. Judicial notice, w

Section 1. Judicial notice, when mandatory.
– A court shall take judicial
– A court shall take judicial notice, without
the introduction of evid
the introduction of evidence, of the
existence and territorial ex
existence and territorial extent of states,
their political history, forms
their political history, forms of government
and symbols of nationality
and symbols of nationality, the law of
nations, the admiralty and m
nations, the admiralty and maritime courts
of the world and their seal
of the world and their seals, the political
constitution and history of t
constitution and history of the Philippines,
offi cial acts of the legisla
the offi cial acts of the legislative, executive
and judicial departments o
and judicial departments of the Philippines,
Government of the Philippin
the laws of nature, the measure of time, and
nature, the measure of t
the geographical divisions. (1a)
geographical divisions. (1a)

Section 2. Judicial notice, when Section 2. Judicial not

discretionary. discretionary.
– A court may take judicial notice of matters – A court may take judicial n
which are of public knowledge, or are which are of public know
capable of unquestionable demonstration, or capable of unquestionable de
ought to be known to judges because of their ought to be known to judges b
judicial functions. (1a) judicial functions. (2)

Section 3. Judicial notice,

Section 3. Judicial notice, when hearing
necessary. – During the pr
necessary. – During the trial, the court, on
its own initiative, or on request of a party, trial, the court, motu pro
may announce its intention to take judicial motion, shall hear the p
notice of any matter and allow the parties to propriety of taking judicial
be heard thereon. matter.

After the trial, and before judgment or on Before judgment or on app

appeal, the proper court, on its own initiative motu proprio or upon mot
or on request of a party, may take judicial judicial notice of any matter
notice of any matter and allow the parties to the parties thereon if such ma
be heard thereon if such matter is decisive of of a material issue in the case
a material issue in the case. (n)
Rules 129-130

REVISED RULES ON EVIDENCE 2019 AMENDME

COMPARATIVE TABLE OF THE 1989 REVISED RULES ON EVIDENCE AND T

 Rule 130

Section 4. Judicial admissions. – An

Section 4. Judicial admissions. – An
admission, verbal or written, made by a
admission, oral or written, made by [the]
party in the course of the proceedings in the
party in the course of the proceedings in the
same case, does not require proof. The
same case, does not require proof. The
admission may be contradicted only by
admission may be contradicted only by
showing that it was made through palpable
showing that it was made through palpable
mistake or that no such admission was
mistake or that the imputed admission was
made. (2a)
not, in fact, made. (4a)

REVISED RULES ON EVIDENCE 2019 AMENDMENTS

Section 2. Documentary evidence. – Section 2. Documentary evidence. –

Documents as evidence consist of writings Documents as evidence consist of writings,
or any material containing letters, words, recordings, photographs or any material
numbers, fi gures, symbols or other modes containing letters, words, sounds, numbers,
of written expressions off ered as proof of fi gures, symbols, or their equivalent, or
their contents. (n) other modes of written expression off ered
as proof of their contents. Photographs
include still pictures, drawings, stored
images, x-ray fi lms, motion pictures or
videos. (2a)
RULE 130
RULES OF ADMISSIBILITY

A. OBJECT (REAL) EVIDENCE

REVISED RULES ON EVIDENCE 2019 AMENDMENTS

Section 1. Object as evidence. – Objects as Section 1. Object as evidence. – Objects as

evidence are those addressed to the senses of evidence are those addressed to the senses of
the court. When an object is relevant to the the court. When an object is relevant to the
fact in issue, it may be exhibited to, fact in issue, it may be exhibited to,
examined or viewed by the court. (1a) examined or viewed by the court. (1)

B. DOCUMENTARY EVIDENCE
1. Original Document Rule

ON EVIDENCE 2019 AMENDMENTS

COMPARATIVE TABLE OF THE 1989 REVISED RULES ON EVIDENCE AND THE 2019 AMENDMENTS 35
Section 3. Original document must be Section 3. Original document must be
produced; exceptions. – When the subject of produced; exceptions. – When the subject of
inquiry is the contents of a document, no inquiry is the contents of a document,
evidence shall be admissible other than the writing, recording, photograph or other
original document itself, except in the record, no evidence is admissible other than
following cases: the original document itself, except in the
following cases:

(a) When the original has been lost or (a) When the original is lost or destroyed,
destroyed, or cannot be produced in or cannot be produced in court, without
court, without bad faith on the part of bad faith on the part of the off eror;
the off eror;

(b) When the original is in the custody or (b) When the original is in the custody or
under the control of the party against under the control of the party against
whom the evidence is off ered, and the whom the evidence is off ered, and the
latter fails to produce it after reasonable latter fails to produce it after reasonable
notice; notice, or the original cannot be
obtained by local judicial processes or
procedures;
(c) When the original consists of numerous
accounts or other documents which (c) When the original consists of numerous
cannot be examined in court without accounts or other documents which
great loss of time and the fact sought to cannot be examined in court without
be established from them is only the great loss of time and the fact sought to
general result of the whole; and 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 offi cer or is (d) When the original is a public record in
recorded in a public offi ce. (2a) the custody of a public offi cer or is
recorded in a public offi ce; and

(e) When the original is not closely-related

to a controlling issue. (3a)

36 2019 AMENDMENTS TO THE 1989 REVISED RULES ON EVIDENCE (A.M. NO. 19-08-15-SC)
Rule 130

REVISED RULES ON EVIDENCE 2019 AMENDMENTS

Section 4. Original of document. – Section 4. Original of document. –

(a) The original of a document is one the (a) An “original” of a docume

contents of which are the subject of document itself or any c
inquiry. intended to have the same eff
person executing or issuing
(b) When a document is in two [(2)] or “original” of a photograph inc
more copies executed at or about the negative or any print therefro
same time, with identical contents, all is stored in a computer or simil
such copies are equally regarded as any printout or other output re
originals. sight or other means, shown t
the data accurately, is an “origi
(c) When an entry is repeated in the regular
course of business, one being copied (b) A “duplicate” is a counterpart
from another at or near the time of the by the same impression as the
transaction, all the entries are likewise or from the same matrix, or by
equally regarded as originals. (3a) photography, including enl
and miniatures, or by mech
electronic re-recording, or by
reproduction, or by other e
techniques which accurately
the original.

(c) A duplicate is admissible to

extent as an original unless (1)
question is raised as to the au
of the original, or (2)
circumstances, it is unjust or in
to admit the duplicate in lie
original. (4a)

2. Secondary Evidence

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COMPARATIVE TABLE OF THE 1989 REVISED RULES ON EVIDENCE AND THE 2019 AMENDMENTS 37
 Rule 130

Section 5. When original document is Section 5. When original document is

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

Section 6. When original document is in Section 6. When original document is in

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

No counterpart provision.
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)

REVISED RULES ON EVIDENCE 2019 AMENDMENT

38 2019 AMENDMENTS TO THE 1989 REVISED RULES ON EVIDENCE (A.M. NO. 19-08-15-SC)
Rule 130

Section 7. Evidence admissible when Section 8. Evidence admissib

original document is a public record. – original document is a public
When the original of a document is in the When the original of a document
custody of a public offi cer or is recorded in custody of a public offi cer or is re
a public offi ce, its contents may be proved a public offi ce, its contents may
by a certifi ed copy issued by the public offi by a certifi ed copy issued by the p
cer in custody thereof. (2a) cer in custody thereof. (7)

Section 8. Party who calls for document not Section 9. Party who calls for doc
bound to off er it. – A party who calls for the bound to off er it. – A party who ca
production of a document and inspects the production of a document and in
same is not obliged to off er it as evidence. same is not obliged to off er it as
(6a) (8)
3. Parol Evidence Rule

REVISED RULES ON EVIDENCE 2019 AMENDMENTS

COMPARATIVE TABLE OF THE 1989 REVISED RULES ON EVIDENCE AND THE 2019 AMENDMENTS 39
 Rule 130

Section 9. Evidence of written agreements. Section 10. Evidence of written agreements.

– When the terms of an agreement have – When the terms of an agreement have
been reduced to writing, it is considered as been reduced to writing, it is considered as
containing all the terms agreed upon and containing all the terms agreed upon and
there can be, between the parties and their there can be, as between the parties and their
successors in interest, no evidence of such successors in interest, no evidence of such
terms other than the contents of the written terms other than the contents of the written
agreement. agreement.

However, a party may present evidence to However, a party may present evidence to
modify, explain or add to the terms of the modify, explain or add to the terms of the
written agreement if he puts in issue in his written agreement if he or she puts in issue
pleading: in a verifi ed pleading:

(a) An intrinsic ambiguity, mistake or (a) An intrinsic ambiguity, mistake or

imperfection in the written agreement; imperfection in the written agreement;

(b) The failure of the written agreement to (b) The failure of the written agreement to
express the true intent and agreement of express the true intent and agreement of
the parties thereto; the parties thereto;

(c) The validity of the written agreement; (c) The validity of the written agreement; or
or
(d) The existence of other terms agreed to
(d) The existence of other terms agreed to by the parties or their successors in
by the parties or their successors in interest after the execution of the written
interest after the execution of the agreement.
written agreement.
The term “agreement” includes wills. (9a)
The term “agreement” includes wills. (7a)

4. Interpretation of Documents

REVISED RULES ON EVIDENCE 2019 AMENDMENTS

Section 10. Interpretation of a writing Section 11. Interpretation of a writing

according to its legal meaning. – The according to its legal meaning. – The
language of a writing is to be interpreted language of a writing is to be interpreted
according to the legal meaning it bears in the according to the legal meaning it bears in the
place of its execution, unless the parties place of its execution, unless the parties
intended otherwise. (8) intended otherwise. (10)

40 2019 AMENDMENTS TO THE 1989 REVISED RULES ON EVIDENCE (A.M. NO. 19-08-15-SC)
Rule 130

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

give eff ect to all provisions. – In the give eff ect to all provisions. – In the
construction of an instrument where there construction of an instrument[,] where there
are several provisions or particulars, such a are several provisions or particulars, such a
construction is, if possible, to be adopted as construction is, if possible, to be adopted as
will give eff ect to all. (9) will give eff ect to all. (11)

Section 12. Interpretation according to Section 13. Interpretation according to

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

Section 13. Interpretation according to Section 14. Interpretation according to

circumstances. – For the proper 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 and of the parties to it, may be shown, so
that the judge may be placed in the position that the judge may be placed in the position
of those whose language he is to interpret. of those whose language he or she is to
(11) interpret. (13a)

REVISED RULES ON EVIDENCE 2019 AMENDMENTS

Section 14. Peculiar signifi cation of terms. Section 15. Peculiar signifi cation
– The terms of a writing are presumed to – The terms of a writing are pre
have been used in their primary and general have been used in their primary an
acceptation, but evidence is admissible to acceptation, but evidence is adm
show that they have a local, technical, or show that they have a local, tec
otherwise peculiar signifi cation, and were otherwise peculiar signifi cation,
so used and understood in the particular so used and understood in the
instance, in which case the agreement must instance, in which case the agreem
be construed accordingly. (12) be construed accordingly. (14)

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 Rule 130

Section 15. Written words control printed. – Section 16. Written words contro
When an instrument consists partly of When an instrument consists
written words and partly of a printed form, written words and partly of a p
and the two [(2)] are inconsistent, the former and the two [(2)] are inconsistent
controls the latter. (13) controls the latter. (15)

Section 16. Experts and interpreters to be Section 17. Experts and interpr
used in explaining certain writings. – When used in explaining certain writin
the characters in which an instrument is the characters in which an in
written are diffi cult to be deciphered, or the written are diffi cult to be deciph
language is not understood by the court, the language is not understood by th
evidence of persons skilled in deciphering evidence of persons skilled in
the characters, or who understand the the characters, or who unde
language, is admissible to declare the language, is admissible to d
characters or the characters or the
meaning of the language. (14) meaning of the language. (16)

Section 17. Of two constructions, which Section 18. Of two constructi

preferred. – When the terms of an preferred. – When the ter
agreement have been intended in a diff erent agreement have been intended in
sense by the diff erent parties to it, that sense sense by the diff erent parties to i
is to prevail against either party in which he is to prevail against either party
supposed the other understood it, and when or she supposed the other unders
diff erent constructions of a provision are when diff erent constructions of
otherwise equally proper, that is to be taken are otherwise equally proper, th
which is the most favorable to the party in taken which is the most favor
whose favor the provision was made. (15) party in whose favor the pro
made. (17a)

REVISED RULES ON EVIDENCE 2019 AMENDMENT

Section 18. Construction in favor of natural Section 19. Construction in favo

right. – When an instrument is equally right. – When an instrument
susceptible of two [(2)] interpretations, one susceptible of two [(2)] interpre
[(1)] in favor of natural right and the other [(1)] in favor of natural right an
against it, the former is to be adopted. (16) against it, the former is to be ado

Section 19. Interpretation according to Section 20. Interpretation ac

usage. – An instrument may be construed usage. – An instrument may b
according to usage, in order to determine its according to usage, in order to d
true character. (17) true character. (19)
C. TESTIMONIAL EVIDENCE

42 2019 AMENDMENTS TO THE 1989 REVISED RULES ON EVIDENCE (A.M. NO. 19-08-15-SC)
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1. Qualifi cation of Witnesses

REVISED RULES ON EVIDENCE 2019 AMENDMENTS

Section 21. Witnesses; their qualifi cations.

Section 20. Witnesses; their qualifi cations. –
– Except as provided in the next succeeding All persons who can perceive, and
section, all persons who can perceive, and perceiving, can make known their
perceiving, can make known their perception to others, may be witnesses.
perception to others, may be witnesses. (20a)

Religious or political belief, interest in the

outcome of the case, or conviction of a Religious or political belief, interest in the
crime unless otherwise provided by law, outcome of the case, or conviction of a
shall not be a ground for disqualifi cation. crime, unless otherwise provided by law,
(18a) shall not be a ground for disqualifi cation.
(20)

REVISED RULES ON EVIDENCE 2019 AMENDMENTS

Section 21. Disqualifi cation by reason of [Section 21. Disqualifi cation by

mental incapacity or immaturity. – The mental incapacity or immaturity. –
following persons cannot be witnesses:

(a) Those whose mental condition, at the

time of their production for
examination, is such that they are
incapable of intelligently making known
their
perception to others;

(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. (19a)

Section 22. Testimony confi ned to

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

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 Rule 130

Section 22. Disqualifi cation by reason of Section 23. Disqualifi cation b

marriage. – During their marriage, neither marriage. – During their ma
the husband nor the wife may testify for or husband or the wife cannot tes
against the other without the consent of the the other without the consent of t
aff ected spouse, except in a civil case by spouse, except in a civil case by
one against the other, or in a criminal case the other, or in a criminal case
for a crime committed by one against the committed by one against the o
other or the latter’s direct descendants or latter’s direct descendants or
ascendants. (20a) (22a)

Section 23. Disqualifi cation by reason of [Amended counterpart provision

death or insanity of adverse party. as Section 39.]

REVISED RULES ON EVIDENCE 2019 AMENDME

44 2019 AMENDMENTS TO THE 1989 REVISED RULES ON EVIDENCE (A.M. NO. 19-08-15-SC)
Rule 130

Section 24. Disqualifi cation by reason Section 24. Disqualification by r

of privileged communication. – The communication[s ]. – The following per
following persons cannot testify as to matters learned in confi dence in the follo
matters learned in confi dence in the
following cases: (a) The husband or the wife, during or af
be examined without the consent o
(a) The husband or the wife, during or communication received in confi d
after the marriage, cannot be other during the marriage except i
examined without the consent of the against the other, or in a criminal cas
other as to any communication by one against the other or the latter
received in confi dence by one from ascendants.
the other during the marriage except
in a civil case by one against the (b) An attorney or person reasonably bel
other, or in a criminal case for a licensed to engage in the practice of
crime committed by one against the consent of the client, be examined as
other or the latter’s direct made by the client to him or her, or
descendants or ascendants; thereon in the course of, or with a
employment, nor can an attorney’s se
(b) An attorney cannot, without the clerk, or other persons assisting the
consent of his client, be examined as without the consent of the client an
to any communication made by the concerning any fact the knowledg
client to him, or his advice given acquired in such capacity, except in th
thereon in the course of, or with a
view to, professional employment, (i) Furtherance of crime or fraud . I
nor can an attorney’s secretary, of the lawyer were sought or ob
stenographer, or clerk be examined, anyone to commit or plan to c
without the consent of the client and knew or reasonably should have
his employer, concerning any fact fraud;
the knowledge of which has been
acquired in such capacity; (ii) Claimants through same dece
communication relevant to an iss
claim through the same decease
whether the claims are by testate
vivos transaction;
(iii) Breach of duty by lawyer
communication relevant to an iss
the lawyer to his or her client, o
her lawyer;
(iv) Document attested by the lawyer.
relevant to an issue concerning a
which the lawyer is an attesting w
(v) Joint clients. As to a communica
of common interest between two
the communication was made by
retained or consulted in commo
action between any of the cli
expressly agreed otherwise.

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 Rule 130

REVISED RULES ON EVIDENCE 2019 AME

Continued from Section 24. Disqualifi cation by reason of Continued from Section 24. Dis
privileged communications. privileged communications.

(c) A person authorized to practice medicine, surgery (c) A physician, psychoth

or obstetrics cannot in a civil case, without the believed by the patien
consent of the patient, be examined as to any medicine or psychoth
advice or treatment given by him or any without the consent o
information which he may have acquired in to any confi dential c
attending such patient in a professional capacity, purpose of diagnosis
which information was necessary to enable him to physical, mental or em
act in that capacity, and which would blacken the alcohol or drug addic
reputation of the patient; his or her physicia
privilege also appl
members of the p
participated in the d
patient under the di
psychotherapist.

A “psychotherapist” i

(a) A person licen

engaged in the
mental or emotion

(b) A person license

government while

(d) A minister or priest cannot, without the consent of (d) A minister, priest or p
the person making the confession, be examined as be so cannot, withou
to any confession made to or any advice given by person, be examined
him in his professional character in the course of confession made to o
discipline enjoined by the church to which the her, in his or her p
minister or priest belongs; course of discipline
which the minister or

(e) A public offi cer cannot be examined during his (e) A public offi cer ca
term of offi ce or afterwards, as to after his or her tenure
communications made to him in offi cial confi to him or her in offi
dence, when the court fi nds that the public interest court fi nds that the
would suff er by the disclosure. (21a) by the disclosure.

The communication shal

the hands of a third perso
information, provided tha
communication took reas
its confi dentiality. (24a)

46 2019 AMENDMENTS TO THE 1989 REVISED RULES ON EVIDENCE (A.M. NO. 19-08-15-SC)
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REVISED RULES ON EVIDENCE 2019 AMENDMENTS

Section 26. Admission of a party. – The act, Section 27. Admission of a party.
declaration or omission of a party as to a declaration or omission of a part
relevant fact may be given in evidence relevant fact may be given in
against him. (22) against him or her. (26a)

2. Testimonial Privilege

REVISED RULES ON EVIDENCE 2019 AMENDMENTS

Section 25. Parental and fi lial privilege. –

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

No counterpart provision. Section 26. Privilege relating to trade

secrets.
– A person cannot be compelled to testify
about any trade secret, unless the
nondisclosure 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. (n)
3. Admissions and Confessions

REVISED RULES ON EVIDENCE 2019 AMENDMENTS

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 Rule 130

Section 27. Offer of compromise not Section 28. Offer of compr

admissible. – In civil cases, an off er of admissible. – In civil cases, a
compromise is not an admission of any compromise is not an admiss
liability, and is not admissible in evidence liability, and is not admissible
against the off eror. against the off eror. Neither is
conduct nor statements made in c
In criminal cases, except those involving negotiations admissible, excep
quasi-off enses (criminal negligence) or otherwise discoverable or of
those allowed by law to be compromised, an another purpose, such as prov
off er of compromise by the accused may be prejudice of a witness, ne
received in evidence as an implied contention of undue delay, or pr
admission of guilt. ort to obstruct a criminal inve
prosecution.
A plea of guilty later withdrawn, or an
unaccepted off er of a plea of guilty to a In criminal cases, except thos
lesser off ense, is not admissible in evidence quasi-off enses (criminal neg
against the accused who made the plea or off those allowed by law to be comp
er. off er of compromise by the accu
received in evidence as a
An off er to pay or the payment of medical, admission of guilt.
hospital or other expenses occasioned by an
injury is not admissible in evidence as proof A plea of guilty later withdr
of civil or criminal liability for the injury. unaccepted off er of a plea of
(24a) lesser off ense is not admissible
against the accused who made th
er. Neither is any statement m
course of plea bargaining
prosecution, which does not resu
of guilty or which results in a pl
later withdrawn, admissible.

An off er to pay[,] or the

medical, hospital or other
occasioned by an injury[,] is no
in evidence as proof of civil
liability for the injury. (27a)

REVISED RULES ON EVIDENCE 2019 AMENDMENT

Section 28. Admission by third party. – The Section 29. Admission by third p
rights of a party cannot be prejudiced by an rights of a party cannot be preju
act, declaration, or omission of another, act, declaration, or omission
except as hereinafter provided. (25a) except as hereinafter provided. (2

48 2019 AMENDMENTS TO THE 1989 REVISED RULES ON EVIDENCE (A.M. NO. 19-08-15-SC)
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Section 29. Admission by co-partner or Section 30. Admission by co-par

agent. agent.
– The act or declaration of a partner or agent – The act or declaration of a partne
of the party within the scope of his authority authorized by the party to make a
and during the existence of the partnership concerning the subject, or within
or agency, may be given in evidence against of his or her authority[,] and d
such party after the partnership or agency is existence of the partnership or age
shown by evidence other than such act or be given in evidence against such p
declaration. The same rule applies to the act the partnership or agency is s
or declaration of a joint owner, joint debtor, evidence other than such act or de
or other person jointly interested with the The same rule applies to the
party. (26a) declaration of a joint owner, joint
other person jointly interested with
(29a)

Section 30. Admission by conspirator. – Section 31. Admission by conspi

The act or declaration of a conspirator The act or declaration of a cons
relating to the conspiracy and during its furtherance of the conspiracy and
existence, may be given in evidence against existence may be given in eviden
the co-conspirator after the conspiracy is the co-conspirator after the cons
shown by evidence other than such act or shown by evidence other than su
declaration. (27) declaration. (30a)

Section 31. Admission by privies. – Where

Section 32. Admission by privies
one derives title to property from another,
one derives title to property from
the act, declaration, or omission of the latter,
the latter’s act, declaration, or om
while holding the title, in relation to the
relation to the property, is eviden
property, is evidence against the former. (28)
the former [if done] while the l
holding the title. (31a)

REVISED RULES ON EVIDENCE 2019 AMENDMENTS

Section 32. Admission by silence. – An act Section 33. Admission by silence.

or declaration made in the presence and or declaration made in the pres
within the hearing or observation of a party within the hearing or observation
who does or says nothing when the act or who does or says nothing when
declaration is such as naturally to call for declaration is such as naturally t
action or comment if not true, and when action or comment if not true, a
proper and possible for him to do so, may be proper and possible for him or her
given in evidence against him. (23a) may be given in evidence against h
(32a)

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 Rule 130

Section 33. Confession. – The declaration of Section 34. Confession. – The

an accused acknowledging his guilt of the of an accused acknowledging his
off ense charged, or of any off ense of the off ense charged, or of a
necessarily included therein, may be given necessarily included therein, ma
in evidence against him. (29a) in evidence against him or her. (3

4. Previous Conduct [a]s Evidence

REVISED RULES ON EVIDENCE 2019 AMENDMENTS

Section 34. Similar acts as evidence. – Section 35. Similar acts as evidence. –
Evidence that one did or did not do a certain Evidence that one did or did not do a certain
thing at one time is not admissible to prove thing at one time is not admissible to prove
that he did or did not do the same or a that he or she did or did not do the same or
similar thing at another time; but it may be similar thing at another time; but it may be
received to prove a specifi c intent or received to prove a specifi c intent or
knowledge, identity, plan, system, scheme, knowledge, identity, plan, system, scheme,
habit, custom or usage, and the like. (48a) habit, custom or usage, and the like. (34a)

REVISED RULES ON EVIDENCE 2019 AMENDMENTS

Section 35. Unaccepted off er. – An off er in Section 36. Unaccepted off er. – An off er in
writing to pay a particular sum of money or writing to pay a particular sum of money or
to deliver a written instrument or specifi c to deliver a written instrument or specifi c
personal property is, if rejected without personal property is, if rejected without
valid cause, equivalent to the actual valid cause, equivalent to the actual
production and tender of the money, production and tender of the money,
instrument, or property. (49a) instrument, or property. (35)

[Section 36. Testimony generally confi ned to

personal knowledge; hearsay excluded. –
(Transposed to Sec. 22. Testimony confi ned
to personal knowledge.)]

5. Hearsay

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50 2019 AMENDMENTS TO THE 1989 REVISED RULES ON EVIDENCE (A.M. NO. 19-08-15-SC)
Rule 130

No counterpart provision. Section 37. Hearsay. – Hearsay is a

statement other than one made by the
declarant while testifying at a trial or
hearing, off ered to prove the truth of the
facts asserted therein. A statement is (1) an
oral or written assertion or (2) a non-verbal
conduct of a person, if it is intended by him
or her as an assertion. Hearsay evidence is
inadmissible except as otherwise provided in
these Rules.

A statement is not hearsay if the declarant

testifi es 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 off
ered to rebut an express or implied charge
against the declarant of recent fabrication or
improper infl uence or motive; or (c) one of
identifi cation of a person made after
perceiving him or her. (n)
6. Exceptions [t]o [t]he Hearsay
Rule

REVISED RULES ON EVIDENCE 2019 AMENDMENTS

Section 37. Dying declaration. – The Section 38. Dying declaration. – The
declaration of a dying person, made under declaration of a dying person, made under
the consciousness of an impending death, the consciousness of an impending death,
may be received in any case wherein his may be received in any case wherein his or
death is the subject of inquiry, as evidence her death is the subject of inquiry, as
of the cause and surrounding circumstances evidence of the cause and surrounding
of such death. (31a) circumstances of such death. (37a)

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 Rule 130

Section 39. Statement of decedent or person

Section 23. Disqualifi cation by reason of
death or insanity of adverse party. of unsound mind. – In an action against an
– Parties or assignors of parties to a executor or administrator or other
case, or persons in whose behalf a case representative of a deceased person, or
is prosecuted, against an executor or against a person of unsound mind, upon a
administrator or other representative of claim or demand against the estate of such
a deceased person, or against a person deceased person or against such person of
of unsound mind, upon a claim or
unsound mind, where a party or assignor of
demand against the estate of such
deceased person or against such person a party or a person in whose behalf a case is
of unsound mind, cannot testify as to prosecuted testifi es on a matter of fact
any matter of fact occurring before the occurring before the death of the deceased
death of such deceased person or before person or before the person became of
such person became of unsound mind. unsound mind, any statement of the
(20a) deceased or the person of unsound mind,
may be received in evidence if the statement
was made upon the personal knowledge of
the deceased or the person of unsound mind
at a time when the matter had been recently
perceived by him or her and while his or her
recollection was clear. Such statement,
however, is inadmissible if made under
circumstances indicating its lack of
trustworthiness. (23a)

REVISED RULES ON EVIDENCE 2019 AMENDMENT

Section 38. Declaration against interest. – Section 40. Declaration agains

The declaration made by a person deceased, The declaration made by a perso
or unable to testify, against the interest of or unable to testify against the in
the declarant, if the fact asserted in the declarant, if the fact assert
declaration was at the time it was made so declaration was at the time it w
far contrary to declarant’s own interest, that far contrary to the declarant’s o
a reasonable man in his position would not that a reasonable person in
have made the declaration unless he position would not have
believed it to be true, may be received in declaration unless he or she belie
evidence against himself or his successors in true, may be received in evide
interest and against third persons. (32a) himself or herself or his or her s
interest and against third p
statement tending to expose the
criminal liability and off ered t
the accused is not admissi
corroborating circumstances clea
the trustworthiness of the stateme

52 2019 AMENDMENTS TO THE 1989 REVISED RULES ON EVIDENCE (A.M. NO. 19-08-15-SC)
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Section 39. Act or declaration about Section 41. Act or declaration

pedigree. pedigree.
– The act or declaration of a person – The act or declaration of
deceased, or unable to testify, in respect to deceased or unable to testify, in
the pedigree of another person related to him the pedigree of another person rela
by birth or marriage, may be received in or her by birth[,] adoption, or marr
evidence where it occurred before the the absence thereof, with whose fam
controversy, and the relationship between she was so intimately associated
the two [(2)] persons is shown by evidence likely to have accurate in
other than such act or declaration. The word concerning his or her pedigree,
“pedigree” includes relationship, family received in evidence where it
genealogy, birth, marriage, death, the dates before the controversy, and the re
when and the places where these facts between the two [(2)] persons is
occurred, and the names of the relatives. It evidence other than such act or de
embraces also facts of family history The word “pedigree” includes rel
intimately connected with pedigree. (33a) family genealogy, birth, marriage,
dates when and the places where t
occurred, and the names of the re
embraces also facts of family
intimately connected with pedigree

REVISED RULES ON EVIDENCE 2019 AMENDMENTS

Section 40. Family reputation or tradition Section 42. Family reputation or

regarding pedigree. – The reputation or regarding pedigree. – The repu
tradition existing in a family previous to the tradition existing in a family previ
controversy, in respect to the pedigree of controversy, in respect to the pe
any one of its members, may be received in any one of its members, may be re
evidence if the witness testifying thereon be evidence if the witness testifying t
also a member of the family, either by also a member of the family,
consanguinity or affi nity. Entries in family consanguinity[,] affi nity, or
bibles or other family books or charts, Entries in family bibles or oth
engravings on rings, family portraits and the books or charts, engraving on ring
like, may be received as evidence of portraits and the like, may be re
pedigree. (34a) evidence of pedigree. (40a)

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Section 41. Common reputation. – Common Section 43. Common reputation.

reputation existing previous to the reputation existing previous
controversy, respecting facts of public or controversy, as to boundaries of
general interest more than thirty [(30)] years aff ecting lands in the comm
old, or respecting marriage or moral reputation as to events of gen
character, may be given in evidence. important to the community, o
Monuments and inscriptions in public places marriage or moral character, ma
may be received as evidence of common in evidence. Monuments and ins
reputation. (35) public places may be received
of
common reputation. (41a)

Section 42. Part of the res gestae. – Section 44. Part of the res ge
Statements made by a person while a Statements made by a perso
startling occurrence is taking place or startling occurrence is taking
immediately prior or subsequent thereto immediately prior or subsequen
with respect to the circumstances thereof, under the stress of excitement ca
may be given in evidence as part of the res occurrence with respect to the cir
gestae. So, also, statements accompanying thereof, may be given in evidenc
an equivocal act material to the issue, and the res gestae. So, also,
giving it a legal signifi cance, may be accompanying an equivocal act
received as part of the res gestae. (36a) the issue, and giving it a legal si
may be received as part of the
(42a)

REVISED RULES ON EVIDENCE 2019 AMENDMENT

Section 43. Entries in the course of business.

Section 45. Records of regularl
– Entries made at, or near the time of the
business activity. – A memorand
transactions to which they refer, by a person
record or data compilation of a
deceased, or unable to testify, who was in a
conditions, opinions, or diagnose
position to know the facts therein stated,
writing, typing, electronic, optic
may be received as prima facie evidence, if
similar means at or near the time
such person made the entries in his transmission or supply of inform
professional capacity or in the performance person with knowledge thereof,
of duty and in the ordinary or regular course the regular course or conduct of
of business or duty. (37a) activity, and such was the regula
make the memorandum, report
data compilation by electronic,
similar means, all of which are sh
testimony of the custodian or o
ed witnesses, is excepted from th
or hearsay evidence. (43a)

54 2019 AMENDMENTS TO THE 1989 REVISED RULES ON EVIDENCE (A.M. NO. 19-08-15-SC)
Rule 130

Section 44. Entries in offi cial records. – Section 46. Entries in offi cial re
Entries in offi cial records made in the Entries in offi cial records ma
performance of his duty by a public offi cer performance of his or her duty by
of the Philippines, or by a person in the offi cer of the Philippines, or by a
performance of a duty specially enjoined by the performance of a duty specially
law, are prima facie evidence of the facts by law, are prima facie evidence o
therein stated. (38) therein stated. (44a)

Section 45. Commercial lists and the like. Section 47. Commercial lists and
– Evidence of statements of matters of – Evidence of statements of m
interest to persons engaged in an occupation interest to persons engaged in an o
contained in a list, register, periodical, or contained in a list, register, peri
other published compilation is admissible as other published compilation is adm
tending to prove the truth of any relevant tending to prove the truth of any
matter so stated if that compilation is matter so stated if that comp
published for use by persons engaged in that published for use by persons engag
occupation and is generally used and relied occupation and is generally used a
upon by them therein. (39) upon by them therein. (45)

REVISED RULES ON EVIDENCE 2019 AMENDMENTS

Section 46. Learned treatises. – A published Section 48. Learned treatises. – A

treatise, periodical or pamphlet on a subject of treatise, periodical or pamphlet on a
history, law, science or art is admissible as history, law, science, or art is ad
tending to prove the truth of a matter stated tending to prove the truth of a m
therein if the court takes judicial notice, or a therein if the court takes judicial n
witness expert in the subject testifi es, that the witness expert in the subject testifi
writer of the statement in the treatise, periodical writer of the statement in the treatise
or pamphlet is recognized in his profession or or pamphlet is recognized in h
calling as expert in the subject. (40a) profession or calling as expert in
(46a)

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 Rule 130

Section 47. Testimony or deposition at a former Section 49. Testimony or depositio

proceeding. – The testimony or deposition of a proceeding. – The testimony or d
witness deceased or unable to testify, given in a witness deceased or out of the P
former case or proceeding, judicial or who cannot, with due diligenc
administrative, involving the same parties and therein, or is unavailable or otherw
subject matter, may be given in evidence against testify, given in a former case o
the adverse party who had the opportunity to judicial or administrative, involv
cross-examine him. (41a) parties and subject matter, may
evidence against the adverse party
opportunity to cross-examine him o

No counterpart provision. Section 50. Residual exception. –

not specifi cally covered by any of
exceptions, having equivalent
guarantees of trustworthiness, is
the court determines that (a) the st
ered as evidence of a material
statement is more probative on
which it is off ered than any o
which the proponent can pro
reasonable eff orts; and (c) the gen
of these [R]ules and the interests
be best served by admission of
into evidence. However, a stateme
admitted under this exception
proponent makes known to the a
suffi ciently in advance of the hear
pre-trial stage in the case of a tria
case, to provide the adverse part
opportunity to prepare to m
proponent’s intention to off er the
the particulars of it, including t
address of the declarant. (n)
7. Opinion Rule

REVISED RULES ON EVIDENCE 2019 AMENDMENTS

Section 48. General rule. – The opinion of a Section 51. General rule. – The opinion of
witness is not admissible, except as a witness is not admissible, except as
indicated in the following sections. (42) indicated in the following sections. (48)

56 2019 AMENDMENTS TO THE 1989 REVISED RULES ON EVIDENCE (A.M. NO. 19-08-15-SC)
 Rule 130

Section 52. Opinion of expert witness. –

Section 49. Opinion of expert witness. –
The opinion of a witness on a matter
The opinion of a witness on a matter
requiring special knowledge, skill,
requiring special knowledge, skill,
experience, training or education, which he
experience or training which he is shown to
or she is shown to possess, may be received
possess, may be received in evidence. (43a)
in evidence. (49a)

Section 53. Opinion of ordinary witnesses.

Section 50. Opinion of ordinary witnesses.
– The opinion of a witness, for which proper
– The opinion of a witness for which proper
basis is given, may be received in evidence
basis is given, may be received in evidence
regarding –
regarding –
(a) [T]he identity of a person about whom
(a) the identity of a person about whom he
he or she has adequate knowledge;
has adequate knowledge;
(b) A handwriting with which he or she has
(b) A handwriting with which he has
suffi cient familiarity; and
suffi cient familiarity; and
(c) The mental sanity of a person with
(c) The mental sanity of a person with
whom he or she is suffi ciently
whom he is suffi ciently acquainted.
acquainted.
The witness may also testify on his
The witness may also testify on his or her
impressions of the emotion, behavior,
impressions of the emotion, behavior,
condition or appearance of a person. (44a)
condition or appearance of a person. (50a)

8. Character Evidence

REVISED RULES ON EVIDENCE 2019 AMENDMENTS

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 Rule 130

Section 51. Character evidence not Section 54. Character evidence not generally
generally admissible; exceptions: – admissible; exceptions. – Evidence of a person’s
character or a trait of character is not admissible for the
(a) In Criminal Cases: purpose of proving action in conformity therewith on a
particular occasion, except:
(1) The accused may prove his good
moral character which is pertinent to (a) In Criminal Cases:
the moral trait involved in the off
ense charged. (1) The character of the off ended party may be
proved if it tends to establish in any reasonable
(2) Unless in rebuttal, the prosecution degree the probability or improbability of the off
may not prove his bad moral ense charged.
character which is pertinent to the
moral trait involved in the off ense (2) The accused may prove his or her good moral
charged. character[,] pertinent to the moral trait involved
in the off ense charged. However, the
(3) The good or bad moral character of prosecution may not prove his or her bad moral
the off ended party may be proved if character unless on rebuttal.
it tends to establish in any
reasonable degree the probability or (b) In Civil Cases:
improbability of the off ense
charged. Evidence of the moral character of a party in a civil
case is admissible only when pertinent to the issue of
(b) In Civil Cases: character involved in the case.

Evidence of the moral character of a (c) In Criminal and Civil Cases:

party in a civil case is admissible only
when pertinent to the issue of character Evidence of the good character of a witness is not
involved in the case. admissible until such character has been impeached.

(c) In the case provided for in Rule 132, In all cases in which evidence of character or a trait
Section 14. (46a, 47a) of character of a person is admissible, proof may be
made by testimony as to reputation or by testimony
in the form of an opinion. On cross-examination,
inquiry is allowable into relevant specifi c instances
of conduct.

In cases in which character or a trait of character of a

person is an essential element of a charge, claim or
defense, proof may also be made of specifi c
instances of that person’s conduct. (51a; 14, Rule
132)

58 2019 AMENDMENTS TO THE 1989 REVISED RULES ON EVIDENCE (A.M. NO. 19-08-15-SC)
 Rule 131

RULE 131
BURDEN OF PROOF, BURDEN OF EVIDENCE AND PRESUMPTIONS

REVISED RULES ON EVIDENCE 2019 AMENDMENTS

Section 1. Burden of proof. – Burden of proof Section 1. Burden of proof and burden of
is the duty of a party to present evidence on evidence. – Burden of proof is the duty of a
the facts in issue necessary to establish his party to present evidence on the facts in issue
claim or defense by the amount of evidence necessary to establish his or her claim or
required by law. (1a, 2a) defense by the amount of evidence required by
law. Burden of proof never shifts.

Burden of evidence is the duty of a party to

present evidence suffi cient 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. (1a)

Section 2. Conclusive presumptions. – The Section 2. Conclusive presumptions. – The

following are instances of conclusive following are instances of conclusive
presumptions: 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 true, and to act upon such particular thing true, and to act upon such
belief, he cannot, in any litigation arising belief, he or she cannot, in any litigation
out of such declaration, act or omission, arising out of such declaration, act or
be permitted to falsify it; omission, be permitted to falsify it; and

(b) The tenant is not permitted to deny the (b) The tenant is not permitted to deny the
title 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. (3a) landlord and tenant between them. (2a)

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 Rule 131

Section 3. Disputable presumptions. – The Section 3. Disputable presumptions. – The

following presumptions are satisfactory if following presumptions are satisfactory if
uncontradicted, but may be contradicted and uncontradicted, but may be contradicted and
overcome by other evidence: overcome by other evidence:

(a) That a person is innocent of crime or wrong; (a) That a person is innocent of crime or wrong;

(b) That an unlawful act was done with an (b) That an unlawful act was done with an
unlawful intent; unlawful intent;

(c) That a person intends the (c) That a person intends the
ordinary ordinary
consequences of his voluntary act; consequences of his or her voluntary act;

(d) That a person takes ordinary care of his (d) That a person takes ordinary care of his or
concerns; her concerns;

(e) That evidence willfully suppressed would be (e) That evidence willfully suppressed would be
adverse if produced; adverse if produced;

(f) That money paid by one to another was due (f) That money paid by one to another was due
to the latter; 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 debtor (h) That an obligation delivered up to the debtor
has been paid; has been paid;

(i) That prior rents or installments had been paid (i) That prior rents or installments had been paid
when a receipt for the later ones is produced; when a receipt for the later one is produced;

(j) That a person found in possession of a thing (j) That a person found in possession of a thing
taken in the doing of a recent wrongful act is taken in the doing of a recent wrongful act is
the taker and the doer of the whole act; the taker and the doer of the whole act;
otherwise, that things which a person otherwise, that things which a person
possesses, or exercises acts of ownership possesses, or exercises acts of ownership
over, are owned by him; over, are owned by him or her;

(k) That a person in possession of an order on (k) That a person in possession of an order on
himself for the payment of the money, or the himself or herself for the payment of the
delivery of anything, has paid the money or money, or the delivery of anything, has paid
delivered the thing accordingly; the money or delivered the thing
accordingly;

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REVISED RULES ON EVIDENCE 2019 AMENDMENTS

Continued from Section 3. Disputable presumptions. Continued from Section 3. Disputable presumptions.

(l) That a person acting in a public offi ce was (l) That a person acting in a public offi ce was
regularly appointed or elected to it; regularly appointed or elected to it;

(m) That offi cial duty has been regularly (m) That offi cial duty has been regularly
performed; performed;

(n) That a court, or judge acting as such, whether (n) That a court, or judge acting as such, whether
in the Philippines or elsewhere, was acting in in the Philippines or elsewhere, was acting in
the lawful exercise of jurisdiction; the lawful exercise of jurisdiction;

(o) That all the matters within an issue raised in (o) That all the matters within an issue raised in
a case were laid before the court and passed a case were laid before the court and passed
upon by it; and in like manner that all matters upon by it; and in like manner that all matters
within an issue raised in a dispute submitted within an issue raised in a dispute submitted
for arbitration were laid before the arbitrators for arbitration were laid before the arbitrators
and passed upon by them; and passed upon by them;

(p) That private transactions have been fair and (p) That private transactions have been fair and
regular; regular;

(q) That the ordinary course of business has been (q) That the ordinary course of business has been
followed; followed;

(r) That there was a suffi cient consideration for (r) That there was a suffi cient consideration for
a contract; a contract;

(s) That a negotiable instrument was given or (s) That a negotiable instrument was given or
indorsed for a suffi cient consideration; indorsed for a suffi cient consideration;

(t) That an indorsement of a negotiable (t) That an indorsement of a negotiable

instrument was made before the instrument instrument was made before the instrument
was overdue and at the place where the was overdue and at the place where the
instrument is dated; 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 was (v) That a letter duly directed and mailed was
received in the regular course of the mail; received in the regular course of the mail;

(w) That after an absence of seven [(7)] years, it (w) That after an absence of seven [(7)] years, it
being unknown whether or not the absentee being unknown whether or not the absentee
still lives, he is considered dead for all still lives, he or she is considered dead for all
purposes, except for those of succession. purposes, except for those of succession.

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Continued from Section 3. Disputable presumptions. Continued from Section 3. Disputable presumptions.

The absentee shall not be considered dead for The absentee shall not be considered dead for
the purpose of opening his succession till after the purpose of opening his or her succession
an absence of ten [(10)] years. If he disappeared until after an absence of ten [(10)] years. If he or
after the age of seventy-fi ve [(75)] years, an she disappeared after the age of seventy-fi ve
absence of fi ve [(5)] years shall be suffi cient in [(75)] years, an absence of fi ve [(5)] years shall
order that his succession may be opened. be suffi cient in order that his or her succession
may be opened.

The following shall be considered dead for all The following shall be considered dead for all
purposes including the division of the estate purposes including the division of the estate
among the heirs: among the heirs:

(1) A person on board a vessel lost during a (1) A person on board a vessel lost during a
sea voyage, or an aircraft which is sea voyage, or an aircraft which is
missing, who has not been heard of for missing, who has not been heard of for
four [(4)] years since the loss of the four [(4)] years since the loss of the vessel
vessel or aircraft; or aircraft;

(2) A member of the armed forces who has

taken part in armed hostilities, and has (2) A member of the armed forces who has
been missing for four [(4)] years; taken part in armed hostilities, and has
been missing for four [(4)] years;
(3) A person who has been in danger of death
under other circumstances and whose (3) A person who has been in danger of death
existence has not been known for four under other circumstances and whose
[(4)] years; existence has not been known for four
[(4)] years; and
(4) If a married person has been absent for
four [(4)] consecutive years, the spouse (4) If a married person has been absent for
present may contract a subsequent four [(4)] consecutive years, the spouse
marriage if he or she has a well-founded present may contract a subsequent
belief that the absent spouse is already marriage if he or she has well-founded
dead. In case of disappearance, where belief that the absent spouse is already
there is danger of death under the dead. In case of disappearance, where
circumstances hereinabove provided, an there is a danger of death[, under] the
absence of only two [(2)] years shall be circumstances hereinabove provided, an
suffi cient for the purpose of contracting absence of only two [(2)] years shall be
a subsequent marriage. However, in any suffi cient for the purpose of contracting a
case, before marrying again, the spouse subsequent marriage. However, in any
present must institute a summary case, before marrying again, the spouse
proceeding as provided in the Family present must institute summary
Code and in the rules for a declaration of proceeding[s] as provided in the Family
presumptive death of the absentee, Code and in the rules for declaration of
without prejudice to the eff ect of presumptive death of the absentee, without
reappearance of the absent spouse. prejudice to the eff ect of reappearance of

62 2019 AMENDMENTS TO THE 1989 REVISED RULES ON EVIDENCE (A.M. NO. 19-08-15-SC)
Rule 131

the absent spouse[;]

REVISED RULES ON EVIDENCE 2019 AMENDMENTS

Continued from Section 3. Disputable presumptions. Continued from Section 3. Disputable presumptions.

(x) That acquiescence resulted from a belief (x) That acquiescence resulted from a belief
that the thing acquiesced in was that the thing acquiesced in was
conformable to the law or fact; conformable to the law or fact;

(y) That things have happened according to (y) That things have happened according to
the ordinary course of nature and the the ordinary course of nature and
ordinary habits of life; ordinary nature habits of life;
(z) That persons acting as copartners have (z) That persons acting as copartners have
entered into a contract of copartnership; entered into a contract of copartnership;

(aa) That a man and woman deporting (aa) That a man and woman deporting
themselves as husband and wife have themselves as husband and wife have
entered into a lawful contract of entered into a lawful contract of
marriage; 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 woman who are capacitated to marry
each other and who live exclusively with each other and who live exclusively with
each other as husband and wife without each other as husband and wife[,] without
the benefi t of marriage or under a void the benefi t of marriage or under a void
marriage, has been obtained by their joint marriage, has been obtained by their joint
eff orts, work or industry. eff orts, work or industry[;]

(cc) That in cases of cohabitation by a man (cc) That in cases of cohabitation by a man
and a woman who are not capacitated to and a woman who are not capacitated to
marry each other and who have acquired marry each other and who have acquired
property through their actual joint property through their actual joint
contribution of money, property or contribution of money, property or
industry, such contributions and their industry, such contributions and their
corresponding shares including joint corresponding shares[,] including joint
deposits of money and evidences of deposits of money and evidences of
credit are equal. credit[,] are equal[;]

(dd) That if the marriage is terminated and the (dd) That if the marriage is terminated and the
mother contracted another marriage mother contracted another marriage
within three hundred [(300)] days after within three hundred [(300)] days after
such termination of the former marriage, such termination of the former marriage,
these rules shall govern in the absence of these rules shall govern in the absence of
proof to the contrary: proof to the contrary:

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 Rule 131

REVISED RULES ON EVIDENCE 2019 AMENDMENTS

Continued from Section 3. Disputable presumptions. Continued from Section 3. Disputable presumptions.

(1) A child born before one hundred (1) A child born before one hundred
eighty [(180)] days after the eighty (180) days after the
solemnization of the subsequent solemnization of the subsequent
marriage is considered to have been marriage is considered to have been
conceived during the former conceived during [the former]
marriage, provided it be born within marriage, [provided] it be born
three hundred [(300)] days after the within the three hundred [(300)] days
termination of the former marriage; after the termination of the former
marriage; and
(2) A child born after one hundred eighty
[(180)] days following the (2) A child born after one hundred eighty
celebration of the subsequent (180) days following the celebration
marriage is considered to have been of the subsequent marriage is
conceived during such marriage, considered to have been conceived
even though it be born within the during such marriage, even though it
three hundred [(300)] days after the be born within the three hundred
termination of the former marriage. [(300)] days after the termination of
the former marriage[;]
(ee) That a thing once proved to exist
continues as long as is usual with things (ee) That a thing once proved to exist
of that nature; continues as long as is usual with things
of that nature;
(ff ) That the law has been obeyed;
(ff ) That the law has been obeyed;
(gg) That a printed or published book,
purporting to be printed or published by (gg) That a printed or published book,
public authority, was so printed or purporting to be printed or published by
published; public authority, was so printed or
published;
(hh) That a printed or published book,
purporting to contain reports of cases (hh) That a printed or published book,
adjudged in tribunals of the country purporting to contain reports of cases
where the book is published, contains adjudged in tribunals of the country
correct reports of such cases; where the book is published, contains
correct reports of such cases;
(ii) That a trustee or other person whose duty
it was to convey real property to a (ii) That a trustee or other person whose duty
particular person has actually conveyed it it was to convey real property to a
to him when such presumption is particular person has actually conveyed it
necessary to perfect the title of such to him or her when such presumption is
person or his successor in interest; necessary to perfect the title of such
person or his or her successor in interest;

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REVISED RULES ON EVIDENCE 2019 AMENDMENTS

Continued from Section 3. Disputable presumptions. Continued from Section 3. Disputable presumptions.

(jj) That except for purposes of succession, (jj) That except for purposes of succession,
when two [(2)] persons perish in the when two [(2)] persons perish in the
same calamity, such as wreck, battle, or same calamity, such as wreck, battle, or
confl agration, and it is not shown who confl agration, and it is not shown who
died fi rst, and there are no particular died fi rst, and there are no particular
circumstances from which it can be circumstances from which it can be
inferred, the survivorship is determined inferred, the survivorship is determined
from the probabilities resulting from the from the probabilities resulting from the
strength and age of the sexes, according strength and the age of the sexes,
to the following rules: according to the following rules:

1. If both were under the age of fi fteen 1. If both were under the age of fi fteen
[(15)] years, the older is deemed to [(15)] years, the older is deemed to
have survived; have survived;

2. If both were above the age of sixty 2. If both were above the age of sixty
[(60)], the younger is deemed to have [(60)], the younger is deemed to have
survived; survived;

3. If one is under fi fteen [(15)] and the 3. If one is under fi fteen [(15)] and the
other above sixty [(60)], the former is other above sixty [(60)], the former is
deemed to have survived; deemed to have survived;

4. If both be over fi fteen [(15)] and 4. If both be over fi fteen [(15)] and
under sixty [(60)], and the sex be diff under sixty [(60)], and the sex be diff
erent, the male is deemed to have erent, the male is deemed to have
survived; if the sex be the same, the survived, if the sex be the same, the
older; older; and

5. If one be under fi fteen [(15)] or over 5. If one be under fi fteen [(15)] or over
sixty [(60)], and the other between sixty [(60)], and the other between
those ages, the latter is deemed to those ages, the latter is deemed to
have survived. have survived;

(kk) That if there is a doubt, as between two (kk) That if there is a doubt, as between two
[(2)] or more persons who are called to [(2)] or more persons who are called to
succeed each other, as to which of them succeed each other, as to which of them
died fi rst, whoever alleges the death of died fi rst, whoever alleges the death of
one prior to the other, shall prove the one prior to the other, shall prove the
same; in the absence of proof, they shall same; in the absence of proof, they shall
be considered to have died at the same be considered to have died at the same
time. (5a) time. (3a)

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REVISED RULES ON EVIDENCE 2019 AMENDMENTS

Section 4. No presumption of legitimacy or Section 4. No presumption of legitimacy or

illegitimacy. – There is no presumption of illegitimacy. – There is no presumption of
legitimacy or illegitimacy of a child born after legitimacy or illegitimacy of a child born after
three hundred [(300)] days following the three hundred [(300)] days following the
dissolution of the marriage or the separation of dissolution of the marriage or the separation of
the spouses. Whoever alleges the legitimacy or the spouses. Whoever alleges the legitimacy or
illegitimacy of such child must prove his illegitimacy of such child must prove his or
allegation. (6) her allegation. (4a)

No counterpart provision.
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 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. (n)

No counterpart provision. Section 6. Presumption against an accused in

criminal cases. – If a presumed fact that
establishes guilt, is an element of the off ense
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. (n)

66 2019 AMENDMENTS TO THE 1989 REVISED RULES ON EVIDENCE (A.M. NO. 19-08-15-SC)
 Rule 132
RULE 132
PRESENTATION OF EVIDENCE

A. EXAMINATION OF WITNESSES

D RULES ON EVIDENCE 2019 AMENDMENTS

Examination to be done in open Section 1. Examination to be done in open

The examination of witnesses court. – The examination of witnesses
in a trial or hearing shall be done presented in a trial or hearing shall be done
court, and under oath or affi in open court, and under oath or affi
Unless the witness is incapacitated rmation. Unless the witness is incapacitated
or the question calls for a diff erent to speak, or the question calls for a diff erent
nswer, the answers of the witness mode of answer, the answers of the witness
ven orally. (1a) shall be given orally. (1)

2. Proceedings to be recorded. – Section 2. Proceedings to be recorded. –

proceedings of a trial or hearing, The entire proceedings of a trial or hearing,
the questions propounded to a including the questions propounded to a
and his answers thereto, the witness and his or her answers thereto, the
s made by the judge or any of the statements made by the judge or any of the
unsel, or witnesses with reference parties, counsel, or witnesses with reference
e, shall be recorded by means of to the case, shall be recorded by means of
or stenotype or by other means of shorthand or stenotype or by other means of
found suitable by the court. recording found suitable by the court.

pt of the record of the proceedings A transcript of the record of the proceedings

the offi cial stenographer, made by the offi cial stenographer,
t or recorder and certifi ed as stenotypist or recorder and certifi ed as
him shall be deemed prima facie correct by him or her, shall be deemed
prima facie a correct statement of such
of such proceedings. (2a) proceedings. (2a)

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 Rule 132

Section 3. Rights and obligations of a Section 3. Rights and obligations of a

witness. witness.
– A witness must answer questions, although – A witness must answer questions, although
his answer may tend to establish a claim his or her answer may tend to establish a
against him. However, it is the right of a claim against him or her. However, it is the
witness: right of a witness:

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

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

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

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

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

(5) Not to give an answer which will tend to (5) Not to give an answer which will tend to
degrade his reputation, unless it be to degrade his or her reputation, unless it
the very fact at issue or to a fact from be to the very fact at issue or to a fact
which the fact in issue would be from which the fact in issue would be
presumed. But a witness must answer to presumed. But a witness must answer to
the fact of his previous fi nal conviction the fact of his or her previous fi nal
for an off ense. (3a, 19a) conviction for an off ense. (3a)

Section 4. Order in the examination of an Section 4. Order in the examination of an

individual witness. – The order in which an individual witness. – The order in which an
individual witness may be examined is as individual witness may be examined is as
follows: follows:

(a) Direct examination by the proponent; (a) Direct examination by the proponent;

(b) Cross-examination by the opponent; (b) Cross-examination by the opponent;

(c) Re-direct examination by the proponent; (c) Re-direct examination by the proponent;

(d) Re-cross-examination by the opponent. (d) Re-cross[-]examination by the opponent.

(4) (4)

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Section 5. Direct examination. – Direct Section 5. Direct examination. – Direct

examination is the examination-in-chief of a examination is the examination-in-chief of a
witness by the party presenting him on the witness by the party presenting him or her
facts relevant to the issue. (5a) on the facts relevant to the issue. (5a)

Section 6. Cross-examination; its purpose

Section 6. Cross-examination; its purpose
and extent. – Upon the termination of the
and extent. – Upon the termination of the
direct examination, the witness may be
direct examination, the witness may be
cross-examined by the adverse party on any
cross-examined by the adverse party as to
relevant matter, with suffi cient fullness and
any matters stated in the direct examination,
freedom to test his or her accuracy and
or connected therewith, with suffi cient
truthfulness and freedom from interest or
fullness and freedom to test his accuracy and
bias, or the reverse, and to elicit all
truthfulness and freedom from interest or
important facts bearing upon the issue. (6a)
bias, or the reverse, and to elicit all
important facts bearing upon the issue. (8a)

Section 7. Re-direct examination; its

Section 7. Re-direct examination; its
purpose and extent. – After the cross-
purpose and extent. – After the cross-
examination of the witness has been
examination of the witness has been
concluded, he may be re-examined by the
concluded, he or she may be re-examined by
party calling him, to explain or supplement
the party calling him or her to explain or
his answers given during the cross-
supplement his or her answers given during
examination. On re-direct examination,
the cross-examination. On re-direct
questions on matters not dealt with during
examination, questions on matters not dealt
the cross-examination, may be allowed by
with during the crossexamination may be
the court in its discretion. (12)
allowed by the court in its discretion. (7a)

Section 8. Re-cross-examination. – Upon the Section 8. Re-cross[-]examination. – Upon

conclusion of the re-direct examination, the the conclusion of the re-direct examination,
adverse party may re-cross-examine the the adverse party may re-cross-examine the
witness on matters stated in his re-direct witness on matters stated in his or her re-
examination, and also on such other matters direct examination, and also on such other
as may be allowed by the court in its matters as may be allowed by the court in its
discretion. (13) discretion. (8a)

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Section 9. Recalling witness. – After the Section 9. Recalling witness. – After the
examination of a witness by both sides has examination of a witness by both sides has
been concluded, the witness cannot be been concluded, the witness cannot be
recalled without leave of the court. The recalled without leave of the court. The
court will grant or withhold leave in its court will grant or withhold leave in its
discretion, as the interests of justice may discretion, as the interests of justice may
require. (14) require. (9)

Section 10. Leading and misleading

Section 10. Leading and misleading
questions. – A question which suggests to
questions. – A question which suggests to
the witness the answer which the examining
the witness the answer which the examining
party desires is a leading question. It is not
party desires is a leading question. It is not
allowed, except:
allowed, except:
(a) On cross-examination;
(a) On cross-examination;
(b) On preliminary matters;
(b) On preliminary matters;
(c) When there is diffi culty in getting direct
(c) When there is diffi culty in getting direct
and intelligible answers from a witness
and intelligible answers from a witness
who is ignorant, or a child of tender
who is ignorant, a child of tender years,
years, or is of feeble mind, or a deaf-
is of feeble mind, or a deaf-mute;
mute;
(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
(e) Of a witness who is an adverse party or
an offi cer, director, or managing agent
an offi cer, director, or managing agent
of a public or private corporation[,] or of
of a public or private corporation or of a
a partnership or association which is an
partnership or association which is an
adverse party.
adverse party.
A misleading question is one which assumes
A misleading question is one which assumes
as true a fact not yet testifi ed to by the
as true a fact not yet testifi ed to by the
witness, or contrary to that which he or she
witness, or contrary to that which he has
has previously stated. It is not allowed.
previously stated. It is not allowed. (5a, 6a,
(10a)
and 8a)

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Section 11. Impeachment of adverse party’s Section 11. Impeachment of adverse party’s
witness. – A witness may be impeached by witness. – A witness may be impeached by
the party against whom he was called, by the party against whom he or she was called,
contradictory evidence, by evidence that his by contradictory evidence, by evidence that
general reputation for truth, honesty, or his or her general reputation for truth,
integrity is bad, or by evidence that he has honesty, or integrity is bad, or by evidence
made at other times statements inconsistent that he or she has made at other times
with his present testimony, but not by statements inconsistent with his or her
evidence of particular wrongful acts, except present testimony, but not by evidence of
that it may be shown by the examination of particular wrongful acts, except that it may
the witness, or the record of the judgment, be shown by the examination of the witness,
that he has been convicted of an off ense. or record of the judgment, that he or she has
(15) been convicted of an off ense. (11a)

No counterpart provision.
Section 12. Impeachment by evidence of
conviction of crime. – For the purpose of
impeaching a witness, evidence that he or
she has been convicted by fi nal judgment of
a crime shall be admitted if (a) the crime
was punishable by a penalty in excess of one
[(1)] 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 the
conviction. (n)

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Section 12. Party may not impeach his own Section 13. Party may not impeach his or
witness. – Except with respect to witnesses her own witness. – Except with respect to
referred to in paragraphs (d) and (e) of witnesses referred to in paragraphs (d) and
Section 10, the party producing a witness is (e) of Section 10 of this Rule, the party
not allowed to impeach his credibility. presenting the witness is not allowed to
impeach his or her credibility.

A witness may be considered as unwilling or A witness may be considered as unwilling or

hostile only if so declared by the court upon hostile only if so declared by the court upon
adequate showing of his adverse interest, adequate showing of his or her adverse
unjustifi ed reluctance to testify, or his interest, unjustifi ed reluctance to testify, or
having misled the party into calling him to his or her having misled the party into
the witness stand. calling him or her to the witness stand.

The unwilling or hostile witness so declared, The unwilling or hostile witness so declared,
or the witness who is an adverse party, may or the witness who is an adverse party, may
be impeached by the party presenting him in be impeached by the party presenting him or
all respects as if he had been called by the her in all respects as if he or she had been
adverse party, except by evidence of his bad called by the adverse party, except by
character. He may also be impeached and evidence of his or her bad character. He or
cross-examined by the adverse party, but she may also be impeached and cross-
such cross-examination must only be on the examined by the adverse party, but such
subject matter of his examination-in-chief. cross-examination must only be on the
(6a, 7a) subject matter of his or her examination-in-
chief. (12a)

Section 13. How witness impeached by Section 14. How witness impeached by
evidence of inconsistent statements. – evidence of inconsistent statements. –
Before a witness can be impeached by Before a witness can be impeached by
evidence that he has made at other times evidence that he or she has made at other
statements inconsistent with his present times statements inconsistent with his or her
testimony, the statements must be related to present testimony, the statements must be
him, with the circumstances of the times and related to him or her, with the circumstances
places and the persons present, and he must of the times and places and the persons
be asked whether he made such statements, present, and he or she must be asked
and if so, allowed to explain them. If the whether he or she made such statements,
statements be in writing they must be shown and if so, allowed to explain them. If the
to the witness before any question is put to statements be in writing[,] they must be
him concerning them. (16) shown to the witness before any question is
put to him or her concerning them. (13a)

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[Section 14. Evidence of good character of

Section 14. Evidence of good character of
witness. – (Incorporated in Section 54,
witness. – Evidence of the good character of
a witness is not admissible until such Rule 130)]
character has been impeached. (17)

Section 15. Exclusion and separation of Section 15. Exclusion and separation of
witnesses. – On any trial or hearing, the witnesses. – The court, motu proprio or
judge may exclude from the court any upon motion, shall order witnesses excluded
witness not at the time under examination, so that they cannot hear the testimony of
so that he may not hear the testimony of other witnesses. This rule does not authorize
other witnesses. The judge may also cause exclusion of (a) a party who is a natural
witnesses to be kept separate and to be person, (b) a duly designated representative
prevented from conversing with one another of a juridical entity which is a party to the
until all shall have been examined. (18) case, (c) a person whose presence is
essential to the presentation of the party’s
cause, or (d) a person authorized by a statute
to be present.

The court may also cause witnesses to be

kept separate and to be prevented from
conversing with one another, directly or
through intermediaries, until all shall have
been examined. (15a)

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

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caution. (10a) stated the transaction when made; but such

evidence must be received with caution.
(16a)

Section 17. When part of transaction, Section 17. When part of transaction,
writing or record given in evidence, the writing or record given in evidence, the
remainder admissible. – When part of an remainder admissible. – When part of an
act, declaration, conversation, writing or act, declaration, conversation, writing or
record is given in evidence by one party, the record is given in evidence by one party, the
whole of the same subject may be inquired whole of the same subject may be inquired
into by the other, and when a detached act, into by the other, and when a detached act,
declaration, conversation, writing or record declaration, conversation, writing or record
is given in evidence, any other act, is given in evidence, any other act,
declaration, conversation, writing or record declaration, conversation, writing or record
necessary to its understanding may also be necessary to its understanding may also be
given in evidence. (11a) given in evidence. (17)

Section 18. Right to inspect writing shown Section 18. Right to inspect writing shown
to witness. – Whenever a writing is shown to to witness. – Whenever a writing is shown to
a witness, it may be inspected by the adverse a witness, it may be inspected by the adverse
party. (9a) party. (18)

B. AUTHENTICATION AND PROOF OF DOCUMENTS

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Section 19. Classes of documents. – For the Section 19. Classes of documents. – For the
purpose of their presentation in evidence, purpose of their presentation in evidence,
documents are either public or private. documents are either public or private.

Public documents are: Public documents are:

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

(b) Documents acknowledged before a

notary public except last wills and (b) Documents acknowledged before a
testaments; and notary public except last wills and
testaments;
(c) Public records, kept in the Philippines,
of private documents required by law to (c) Documents that are considered public
be entered therein. documents under treaties and
conventions which are in force between
All other writings are private. (20a) the Philippines and the country of
source; and

(d) Public records, kept in the Philippines,

of private documents required by law to
be entered therein.

All other writings are private. (19a)

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Section 20. Proof of private document. – Section 20. Proof of private document[ s ]. –
Before any private document off ered as Before any private document off ered as
authentic is received in evidence, its due authentic is received in evidence, its due
execution and authenticity must be proved execution and authenticity must be proved
either: by any of the following means:

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

(b) By evidence of the genuineness of the (b) By evidence of the genuineness of the
signature or handwriting of the maker. signature or handwriting of the maker[;]
or
Any other private document need only be
identified as that which it is claimed to be. (c) By other evidence showing its due
(21a) execution and authenticity.

Any other private document need only be

identifi ed as that which it is claimed to be.
(20)

Section 21. When evidence of authenticity of Section 21. When evidence of authenticity of
private document not necessary. – Where a private document not necessary. – Where a
private document is more than thirty [(30)] private document is more than thirty (30)
years old, is produced from a custody in years old, is produced from a custody in
which it would naturally be found if which it would naturally be found if
genuine, and is unblemished by any genuine, and is unblemished by any
alterations or circumstances of suspicion, no alterations or circumstances of suspicion, no
other evidence of its authenticity need be other evidence of its authenticity need be
given. (22a) given. (21)

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Section 22. How genuineness of Section 22. How genuineness of

handwriting proved. – The handwriting of a handwriting proved. – The handwriting of a
person may be proved by any witness who person may be proved by any witness who
believes it to be the handwriting of such believes it to be the handwriting of such
person because he has seen the person write, person because he or she has seen the person
or has seen writing purporting to be his upon write, or has seen writing purporting to be
which the witness has acted or been charged, his or hers upon which the witness has acted
and has thus acquired knowledge of the or been charged, and has thus acquired
handwriting of such person. Evidence knowledge of the handwriting of such
respecting the handwriting may also be person. Evidence respecting the
given by a comparison, made by the witness handwriting may also be given by a
or the court, with writings admitted or comparison, made by the witness or the
treated as genuine by the party against court, with writings admitted or treated as
whom the evidence is off ered, or proved to genuine by the party against whom the
be genuine to the satisfaction of the judge. evidence is off ered, or proved to be genuine
(23a) to the satisfaction of the judge. (22)

Section 23. Public documents as evidence. Section 23. Public documents as evidence.
– Documents consisting of entries in public – Documents consisting of entries in public
records made in the performance of a duty records made in the performance of a duty
by a public offi cer are prima facie evidence by a public offi cer are prima facie evidence
of the facts therein stated. All other public of the facts therein stated. All other public
documents are evidence, even against a third documents are evidence, even against a third
person, of the fact which gave rise to their person, of the fact which gave rise to their
execution and of the date of the latter. (24a) execution and of the date of the latter. (23)

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Section 24. Proof of offi cial record. – The

record of public documents referred to in Section 24. Proof of offi cial record. – The
record of public documents referred to in
paragraph (a) of Section 19, when
paragraph (a) of Section 19, when
admissible for any purpose, may be
admissible for any purpose, may be
evidenced by an offi cial publication thereof
evidenced by an offi cial publication thereof
or by a copy attested by the offi cer having or by a copy attested by the offi cer having
the legal custody of the record, or by his the legal custody of the record, or by his or
deputy, and accompanied, if the record is not her deputy, and accompanied, if the record is
kept in the Philippines, with a certifi cate not kept in the Philippines, with a certifi cate
that such offi cer has the custody. If the offi that such offi cer has the custody.
ce in which the record is kept is in a foreign
country, the certifi cate may be made by a If the offi ce in which the record is kept is
secretary of the embassy or legation, consul in a foreign country, which is a contracting
general, consul, vice consul, or consular party to a treaty or convention to which the
agent or by any offi cer in the foreign Philippines is also a party, or considered a
service of the Philippines stationed in the public document under such treaty or
foreign country in which the record is kept, convention pursuant to paragraph (c) of
and authenticated by the seal of his offi ce. Section 19 hereof, the certifi cate or its
(25a) equivalent shall be in the form prescribed by
such treaty or convention subject to
reciprocity granted to public documents
originating from the Philippines.

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 certifi cate may be
made by a secretary of the embassy or
legation, consul general, consul, vice-
consul, or consular agent or by any offi cer
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] offi ce.

A document that is accompanied by a certifi

cate or its equivalent may be presented in
evidence without further proof, the certifi
cate or its equivalent being prima facie
evidence of the due execution and
genuineness of the document involved. The
certifi cate shall not be required when a
treaty or convention between a foreign
country and the Philippines has abolished
the requirement, or has exempted the
document itself from this formality. (24a)

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Section 25. What attestation of copy must Section 25. What attestation of copy must
state. – Whenever a copy of a document or state. – Whenever a copy of a document or
record is attested for the purpose of record is attested for the purpose of
evidence, the attestation must state, in evidence, the attestation must state, in
substance, that the copy is a correct copy of substance, that the copy is a correct copy of
the original, or a specifi c part thereof, as the the original, or a specifi c part thereof, as the
case may be. The attestation must be under case may be. The attestation must be under
the offi cial seal of the attesting offi cer, if the offi cial seal of the attesting offi cer, if
there be any, or if he be the clerk of a court there be any, or if he or she be the clerk of a
having a seal, under the seal of such court. court having a seal, under the seal of such
(26a) court. (25a)

Section 26. Irremovability of public record. Section 26. Irremovability of public record.
– Any public record, an offi cial copy of – Any public record, an offi cial copy of
which is admissible in evidence, must not be which is admissible in evidence, must not be
removed from the offi ce in which it is kept, removed from the offi ce in which it is kept,
except upon order of a court where the except upon order of a court where the
inspection of the record is essential to the inspection of the record is essential to the
just determination of a pending case. (27a) just determination of a pending case. (26)

Section 27. Public record of a private Section 27. Public record of a private
document. – An authorized public record of document. – An authorized public record of
a private document may be proved by the a private document may be proved by the
original record, or by a copy thereof, original record, or by a copy thereof,
attested by the legal custodian of the record, attested by the legal custodian of the record,
with an appropriate certifi cate that such offi with an appropriate certifi cate that such offi
cer has the custody. (28a) cer has the custody. (27)

Section 28. Proof of lack of record. – A

Section 28. Proof of lack of record. – A
written statement signed by an offi cer
written statement signed by an offi cer
having the custody of an offi cial record or
having the custody of an offi cial record or
by his deputy that after diligent search no
by his or her deputy that[,] after diligent
record or entry of a specifi ed tenor is found
search[,] no record or entry of a specifi ed
to exist in the records of his offi ce,
tenor is found to exist in the records of his or
accompanied by a certifi cate as above
her offi ce, accompanied by a certifi cate as
provided, is admissible as evidence that the
above provided, is admissible as evidence
records of his offi ce contain no such record
that the records of his or her offi ce contain
or entry. (29)
no such record or entry. (28a)

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Section 29. How judicial record impeached.

Section 29. How judicial record impeached.
– Any judicial record may be impeached by
– Any judicial record may be impeached by
evidence of: (a) want of jurisdiction in the
evidence of:
court or judicial offi cer, (b) collusion
between the parties, or (c) fraud in the party
(a) want of jurisdiction in the court or
off ering the record, in respect to the
judicial offi cer[;]
proceedings. (30a)
(b) collusion between the parties[;] or
(c) fraud in the party off ering the record, in
respect to the proceedings. (29)

Section 30. Proof of notarial documents. Section 30. Proof of notarial documents.
– Every instrument duly acknowledged or – Every instrument duly acknowledged or
proved and certifi ed as provided by law, proved and certifi ed as provided by law,
may be presented in evidence without may be presented in evidence without
further proof, the certifi cate of further proof, the certifi cate of
acknowledgment being prima facie evidence acknowledgment being prima facie evidence
of the execution of the instrument or of the execution of the instrument or
document involved. (31a) document involved. (30)

Section 31. Alterations in document, how to Section 31. Alteration in document, how to
explain. – The party producing a document explain. – The party producing a document
as genuine which has been altered and as genuine which has been altered and
appears to have been altered after its appears to have been altered after its
execution, in a part material to the question execution, in a part material to the question
in dispute, must account for the alteration. in dispute, must account for the alteration.
He may show that the alteration was made He or she may show that the alteration was
by another, without his concurrence, or was made by another, without his or her
made with the consent of the parties aff concurrence, or was made with the consent
ected by it, or was otherwise properly or of the parties aff ected by it, or was
innocently made, or that the alteration did otherwise properly or innocently made, or
not change the meaning or language of the that the alteration did not change the
instrument. If he fails to do that, the meaning or language of the instrument. If
document shall not be admissible in he or she fails to do that, the document shall
evidence. (32a) not be admissible in evidence. (31a)

Section 32. Seal. – There shall be no diff Section 32. Seal. – There shall be no diff
erence between sealed and unsealed private erence between sealed and unsealed private
documents insofar as their admissibility as documents insofar as their admissibility as
evidence is concerned. (33a) evidence is concerned. (32)

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Section 34. Off er of evidence. – The court Section 34. Off er of evidence. – The court
shall consider no evidence which has not shall consider no evidence which has not
been formally off ered. The purpose for been formally off ered. The purpose for
which the evidence is off ered must be which the evidence is off ered must be
specifi ed. (35) specifi ed. (34)

Section 35. When to make offer. – All

Section 35. When to make off er. – As
evidence must be off ered orally.
regards the testimony of a witness, the off er
must be made at the time the witness is
The off er of the testimony of a witness in
called to testify.
evidence must be made at the time the
witness is called to testify.
Documentary and object evidence shall be
off ered after the presentation of a party’s
The off er of documentary and object
testimonial evidence. Such off er shall be
evidence shall be made after the
done orally unless allowed by the court to be
presentation of a party’s testimonial
done in writing. (n)
evidence. (35a)
Rule 132

REVISED RULES ON EVIDENCE 2019 AMENDMENTS

Section 33. Documentary evidence in an Section 33. Documentary evidence in an

unoffi cial language. – Documents written unoffi cial language. – Documents written
in an unoffi cial language shall not be in an unoffi cial language shall not be
admitted as evidence, unless accompanied admitted as evidence, unless accompanied
with a translation into English or Filipino. with a translation into English or Filipino.
To avoid interruption of proceedings, parties To avoid interruption of proceedings, parties
or their attorneys are directed to have such or their attorneys are directed to have such
translation prepared before trial. (34a) translation prepared before trial. (33)

C. OFFER AND OBJECTION

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 Rule 132

REVISED RULES ON EVIDENCE 2019 AMENDM

Section 36. Objection. – O

Section 36. Objection. – Objection to of evidence must be
evidence off ered orally must be made immediately after the off er
immediately after the off er is made.
Objection to the testimony
Objection to a question propounded in the lack of a formal off er must
course of the oral examination of a witness as the witness begins to tes
shall be made as soon as the grounds a question propounded in
therefor shall become reasonably apparent. oral examination of a witne
as soon as the grounds
An off er of evidence in writing shall be reasonably apparent.
objected to within three (3) days after notice
of the off er unless a diff erent period is The grounds for the ob
allowed by the court. specifi ed. (36a)
In any case, the grounds for the objections
must be specifi ed. (36a)

Section 37. When repetition of objection Section 37. When repetit

unnecessary. – When it becomes reasonably unnecessary. – When it bec
apparent in the course of the examination of apparent in the course of th
a witness that the questions being a witness that the
propounded are of the same class as those to propounded are of the same
which objection has been made, whether which objection has been
such objection was sustained or overruled, it such objection was sustaine
shall not be necessary to repeat the shall not be necessary
objection, it being suffi cient for the adverse objection, it being suffi cie
party to record his continuing objection to party to record his or
such class of questions. (37a) objection to such class of q
Rule 132

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82 2019 AMENDMENTS TO THE 1989 REVISED RULES ON EVIDENCE (A.M. NO. 19-08-15-SC)
 Section 38. Ruling. – The ruling of the court Section 38. Ruling. – The ruling of the court
must be given immediately after the must be given immediately after the
objection is made, unless the court desires to objection is made, unless the court desires to
take a reasonable time to inform itself on the take a reasonable time to inform itself on the
question presented; but the ruling shall question presented; but the ruling shall
always be made during the trial and at such always be made during the trial and at such
time as will give the party against whom it is time as will give the party against whom it is
made an opportunity to meet the situation made an opportunity to meet the situation
presented by the ruling. presented by the ruling.

The reason for sustaining or overruling an The reason for sustaining or overruling an
objection need not be stated. However, if the objection need not be stated. However, if the
objection is based on two [(2)] or more objection is based on two [(2)] or more
grounds, a ruling sustaining the objection on grounds, a ruling sustaining the objection on
one [(1)] or some of them must specify the one [(1)] or some of them must specify the
ground or grounds relied upon. (38a) ground or grounds relied upon. (38)

Section 39. Striking out answer. – Should a Section 39. Striking out [ of ] answer. –
witness answer the question before the Should a witness answer the question before
adverse party had the opportunity to voice the adverse party had the opportunity to
fully its objection to the same, and such voice fully its objection to the same, or
objection is found to be meritorious, the where a question is not objectionable, but
court shall sustain the objection and order the answer is not responsive, or where a
the answer given to be stricken off the witness testifi es without a question being
record. posed or testifi es beyond limits set by the
court, or when the witness does a narration
On proper motion, the court may also order instead of answering the question, and such
the striking out of answers which are objection is found to be meritorious, the
incompetent, irrelevant, or otherwise court shall sustain the objection and order
improper. (n) such answer, testimony or narration to be
stricken off the record.

On proper motion, the court may also order

the striking out of answers which are
incompetent, irrelevant, or otherwise
improper. (39a)

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 Section 1. Preponderance of evidence, how Section 1. Preponderance of e
determined. – In civil cases, the party having determined. – In civil cases, the
the burden of proof must establish his case the burden of proof must establ
by a preponderance of evidence. In case by a preponderance of
determining where the preponderance or determining where the prepo
superior weight of evidence on the issues superior weight of evidence o
involved lies, the court may consider all the involved lies, the court may co
facts and circumstances of the case, the facts and circumstances of t
witnesses’ manner of testifying, their witnesses’ manner of testi
intelligence, their means and opportunity of intelligence, their means and o
knowing the facts to which they are knowing the facts to whic
testifying, the nature of the facts to which testifying, the nature of the fa
they testify, the probability or improbability they testify, the probability or
of their testimony, their interest or want of of their testimony, their intere
interest, and also their personal credibility so interest, and also their personal
far as the same may legitimately appear far as the same may legitim
upon the trial. The court may also consider upon the trial. The court may
the number of witnesses, though the the number of witnesses,
preponderance is not necessarily with the preponderance is not necessa
greater number. (1a) greater number. (1a)
Rules 132-133

REVISED RULES ON EVIDENCE 2019 AMENDM

Section 40. Tender of excluded evidence. – Section 40. Tender of excl

If documents or things off ered in evidence If documents or things off
are excluded by the court, the off eror may are excluded by the court,
have the same attached to or made part of have the same attached to
the record. If the evidence excluded is oral, the record. If the evidence
the off eror may state for the record the the off eror may state fo
name and other personal circumstances of name and other personal
the witness and the substance of the the witness and the su
proposed testimony. (n) proposed testimony. (40)

RULE 133
WEIGHT AND SUFFICIENCY OF EVIDENCE

84 2019 AMENDMENTS TO THE 1989 REVISED RULES ON EVIDENCE (A.M. NO. 19-08-15-SC)
Rule 133

REVISED RULES ON EVIDENCE 2019 AMENDMENTS

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 an acquittal, unless his or her guilt is shown
beyond reasonable doubt. Proof beyond beyond reasonable doubt. Proof beyond
reasonable doubt does not mean such a reasonable doubt does not mean such a
degree of proof as, excluding possibility of degree of proof as, excluding possibility of
error, produces absolute certainty. Moral error, produces absolute certainty. Moral
certainty only is required, or that degree of certainty only is required, or that degree of
proof which produces conviction in an proof which produces conviction in an
unprejudiced mind. (2a) unprejudiced mind. (2a)

Section 3. Extrajudicial confession, not suffi

Section 3. Extrajudicial confession, not suffi
cient ground for conviction. – An
cient ground for conviction. – An
extrajudicial confession made by an
extrajudicial confession made by an accused
accused, shall not be suffi cient ground for
conviction, shall not be suffi cient ground for
conviction, unless corroborated by evidence
unless corroborated by evidence of corpus
of corpus delicti. (3)
delicti. (3)

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

suffi cient. – Circumstantial evidence is suffi cient. – Circumstantial evidence is
suffi cient for conviction if: suffi cient for conviction if:

(a) There is more than one [(1)] (a) There is more than one [(1)]
circumstance; circumstance;

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

(c) The combination of all the (c) The combination of all the circumstances
circumstances is such as to produce a is such as to produce a conviction
conviction beyond reasonable doubt. (5) beyond reasonable doubt.

Inferences cannot be based on other

inferences. (4a)
Rule 133

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 REVISED RULES ON EVIDENCE 2019 AMENDM

No counterpart provision.
Section 5. Weight to be
expert witness, how deter
case where the opinion of
is received in evidence, the
latitude of discretion in
weight to be given to such
that purpose may consider t

(a) Whether the opinion is

suffi cient facts or data

(b) Whether it is the pr

principles and methods

(c) Whether the witness

principles and method
facts of the case; and

(d) Such other factors as th

helpful to make such de

Section 5. Substantial evidence. – In cases fi Section 6. Substantial evide

led before administrative or quasi-judicial led before administrative
bodies, a fact may be deemed established if bodies, a fact may be deem
it is supported by substantial evidence, or it is supported by substan
that amount of relevant evidence which a that amount of relevant e
reasonable mind might accept as adequate to reasonable mind might acce
justify a conclusion. (n) justify a conclusion. (5)

Section 6. Power of the court to stop further Section 7. Power of the cou
evidence. – The court may stop the evidence. – The court
introduction of further testimony upon any introduction of further tes
particular point when the evidence upon it is particular point when the ev
already so full that more witnesses to the already so full that more
same point cannot be reasonably expected to same point cannot be reaso
be additionally persuasive. But this power be additionally persuasive.
should be exercised with caution. (6) be exercised with caution. (
Rule 133

86 2019 AMENDMENTS TO THE 1989 REVISED RULES ON EVIDENCE (A.M. NO. 19-08-15-SC)
 REVISED RULES ON EVIDENCE 2019 AMENDMENTS

Section 7. Evidence on motion. – When a Section 8. Evidence on motion. – When a

motion is based on facts not appearing of motion is based on facts not appearing of
record the court may hear the matter on affi record the court may hear the matter on affi
davits or depositions presented by the davits or depositions presented by the
respective parties, but the court may direct respective parties, but the court may direct
that the matter be heard wholly or partly on that the matter be heard wholly or partly on
oral testimony or depositions. (7) oral testimony or depositions. (7)

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