Amendments to Revised Rules on Evidence

Admissibility of Evidence (Rule 128, Section 3)

Evidence must be competent, meaning:
1. Relevant
2. Not excluded by the Rules or the Constitution (e.g. unreasonable search and seizure, confessions during
custodial investigation without lawyer and not in writing, obtained in violation of anti-wiretapping law, no
person is compelled to be a witness against himself in a criminal case)

Original Document Rule-even if document is relevant if it is not allowed by the Rules, it is incompetent

What Need Not be Proved (Rule 129)

1. Mandatory Judicial Notice- it is established, settled, and readily verifiable; only of the national government
2. Discretionary Judicial Notice
3. Judicial Notice (with Hearing) - hearing only for purpose of the court to give notice to parties that it will
take judicial notice; ascertain whether there is a need to take judicial notice
4. Judicial Admission - including matters in an actionable document not denied by the defendant under oath
-no longer a condition of the mind but must be shown that imputed admission was not in fact made

Documentary Evidence (Rule 130 B) - enumeration not an exclusive enumeration

1. Recording is now documentary evidence for as long as it is offered as the proof of their contents
2. Photographs is now documentary evidence (People vs. Seta, 2008 case) for as long as it is offered as the
proof of their contents
-Defintion of phtotograph based on US case of Lucas films
3. Sounds are now documentary evidence for as long as it is offered as the proof of their contents

Original Document Rule (Formerly: Best Evidence Rule) (Rule 130, Section 3)
-now extends to a document, writing, recording, photograph
Exceptions:
1. Section 3a
2. Section 3b: “or the original cannot be obtained by local judicial processes” (must prove that judicial
process not followed) How to prove:
a) Copy
b) Recital in another document
c) Testimony of witnesses
3. When documents are numerous or voluminous that presentation cannot be done without great loss of
time
-all you need to present is the general result through a chart, summary or calculation
-but other party may demand the examination or copying of the original at a reasonable time and place
4. Original is a public record in the custody of a public officer or recorded in a public office
5. When the original is not closely related to the controlling issue
-it does not bear on the main issue (exception on the collateral matter)
-when the contents of the document is not in issue (although it is mentioned in the case), the photocopy is
sufficient

Original Document (Section 4)

Original is the document itself or its counterpart (has its own definition)
Photograph - includes negatives or a print of the photograph;
If from computer, any printout or any output readable by sight which should naturally reflect its contents
accurately
Duplicate - is a counterpart produced following the same impression as the original or from the same matrix
or by means of photograph even enlargment or miniature, electronic re-recording or chemical reproduction
Duplicate admitted unless:
-there is a genuine question as to its authenticity
-circumstances where it is unjust or inequitable to admit the duplicate
Parole Evidence Rule (Section 10)
-concept is still the same; document is deemed the repository of the agreement and parole evidence may
not be presented
-you can modify, explain, add for as long as what you want to introduce as extraneous evidence must be put
in issue through a verified pleading

Testimonial Evidence
Who are qualified to be witnesses?
Section 20: any person who can perceive and is able to make his perception known to another at the time of
your presentation in court
Disqualification by reason of mental incapacity or immaturity - deleted because it is superfluous in relation
to Section 20

Testimony confined to personal knowledge - transferred to Section 22

Disqualification by reason of marriage (Section 23) - spouse cannot testify against his spouse (can now testify
in favor of the spouse) without the consent of the affected spouse

Disqualification by reason of privileged communication (Section 24)-there is a relationship in all of these and
the information/communication passed on is confidential
a. Atty-client privilege: now includes person reasonably believed by the client is licensed to engage to the
practice of law; extends to secretary, stenographer, and others assisting the lawyer cannot be examined
without the consent of the lawyer and the client
Exceptions to Atty-client privilege:
1. If in furtherance of a crime or fraud (client knows that it is a crime or fraud)
2. Claimants through same deceased client
3. Breach of duty of a lawyer to his client and vice-versa
4. Documents attested by the lawyer - lawyer is a witness to a document
5. Joint clients with a common interest if the communication was made to a lawyer retained in common
when offered in an action among those clients unless they have expressly agreed otherwise
b. Doctor and Patient Privilege (only in civil cases): still applies to physician, those licensed to practice
medicine, psychotherapist (psychologist licensed by the government) or those reasonably believed by the
client to be engaged in the practice of medicine or psychotherapy
-confidential communication needed to give treatment or diagnosis of the person’s phsyical, mental,
emotional condition including alcohol or drug addiction
-Will this extend to 3rd parties? Yes, now includes members of the patient’s family and those who
participated in the diagnosis or treatment under the direction of the physician or psychotherapist
c. Penitent and Priest Privilege: communication must be given to a spritual adviser and intended to be
confidential and receiving of the communication is enjoined by the religious discipline to which the priest or
minister belongs
d. Public Officer and the state: a public officer cannot be examined during or after his tenure regarding
confidential information except when the court determines that public interest would suffer by disclosure;
communication remains privilege even in the hands of a third party provided the original party must have
taken reasonable precaution to retain and maintain its confidential nature
e. Parental and Filial Privilege (Section 25)
f. Journalist and Source Privilege (Section 26): RA 1477
-cannot disclose source of information disclosed in confidence unless the court orders that disclosure is
required in the interest of the proceeding; includes all platforms of news media
-this rule shall not apply to any radio, television or online platform unless it maintains or is open for
inspection for a period of 1 year from the actual telecast or broadcast
g. Trade Secret Privilege (Section 27): covers plans, formula, etc.; not absolute
-owners of trade secrets cannot be compelled to testify to matters involving trade secrets
Exception (court must direct disclosure):
1. Conceals fraud
2. Will cause injustice

Offers of Compromise
GR: Offers of compromise inadmissible to determine liability
Exception: Conduct or statement can be admitted if:
1. Evidence is discoverable in some other way
2. Shows bias or prejudice
3. Negates allegation of delay
4. Could be used to prove that there was an effort to obstruct justice or criminal prosecution

Neither any statement made in the course of plea bargaining which does not result to a plea of guilt or
results to a plea of guilty later withdrawn is not admissible. The purpose is to allow the accused to negotiate
freely

Hearsay (Section 38, Rule 130)

Definition: statement other than the one made by the declarant at trial; assertion could be oral, written or
non-verbal conduct which is intended to be an assertion
Types:
1. Purpose for which it is offered
2. Defects in the testimony

GR: Hearsay is inadmissible

Exceptions:
1. Statement of a decedent or a person of unsound mind -a party or an assignor of the estate of a deceased
person or of unsound mind may testify within the parameters set by the Rules
2. Declaration against interest -cannot be used when statement tends to expose declarant to criminal
liability unless there are corroborating evidence to support the trustworthiness of the statement
3. Act or Declaration of Pedigree - declarant unable to testify; witness is the person who heard the
statement
4. Family Reputation - now includes adoption
5. Common Reputation -30 year requirement removed
6. Res Gestae - no opportunity to fabricate or think about it due to excitement and surprise
Types of Res Gestae:
a. Startling occurence - during, immediately prior or after the event (Key: must be under the stress or
excitement of the occurence; therefore, no opportunity to reflect or think about it and fabricate
b. Equivocal act coupled with a statement which gives legal significance
7. Records of Regularly conducted business activity -person who made recording no longer required to be
dead or unavailable to testify as long as record was made in the regular course of business and such was the
regular practice (e.g. memorandum, record or data compilation made at or near the time of the trasmission)
-custodian or other qualified witness may now testify
8. Testimony or deposition at a former proceeding -requires that declarant must be dead or out of the
Philippines who with due diligence cannot be found; there must be proof of unavailability
9. Residual Exception
a. Offered as evidence of a material fact
b. Statement is more probative on the point on which it is offered other than evidence which would have
been presented
c. General purpose of the rules and interest of justice will be served

Requirement to invoke residual exception: Anyone who would like to invoke the residual exception must
give notice unless the proponent makes notice to the other party; intention to offer must be stated as well
as the name and address of the declarant to give the adverse party opportunity to meet it

Opinion Rule (Rule 130, Section 32)

Education e.g. appraiser, ballistics expert, doctor

Weight of Evidence and Opinion Evidence

Character Evidence (Section 54)

GR: Character evidence cannot be used to prove an action. Any case will be proven by the elements
(criminal) or the causes of action (civil)
2 Forms:
1. Reputation
2. Opinion

Burden of Proof - elements of the offense; never shifts

Burden of Evidence -shifts from one side to another; prima facie evidence

Offer of testimonial evidence must be made immediately and orally

Objection must be made immediately; do not make multiple objections at once because judge would have to
explain his ruling