INSIGHTS ON EVIDENCE

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DIGSDADO PEPALTA
azieN4Asfit4
Supre rrse Cow- 4 f the Piti.ginpOrgo

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EDUARDO B. PERALTA. JR.

Associate ..re.fittia.
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 FOREWORD
7'ho legal profession has brig swaited the Suprrine . Court
'wisdoms on our law of evidence. Pio far hack as 21:108.. ee Clef
Justice, j formed a sub Committee to -review our law 011 evideom
trim KA overgrowth of whrkita.11.tios and aitrUne it kr the tiMea
persoriay handpicked the legal experto to compose the Sath-
eftuam.".8c the Chair was then. Aesociate Justice of She .5.upreme
Court Romeo J. Conejo, Sr., a recognised expert it Criminal Law:
Procedure and Evidence.. as memherop I chose a represenl.atiwe Crom
the Court of App.eals. then Asiociate Justine limas F. Bitrsanailk
a le.presentatiro from the Sauchgan.baysn., then Associate tikiletkle
DiNdado DA_ PIEFRILEL veer= judge from the Regional Trial Courts-
then judge Aleysiue C. Alday and then Judge Haul 15. Villantierva-
and litigators from the lilite:grabeill Bar and the academe, Atty
&Oho A. Tyrinduan, Any. Irrancts Ed Lim and A'. !kW C Siam -

Aa Constaants, I appointed then Asaixiste Juaticv of the Supreme

Court Bernardo P. Pardo and reniTed Associate Justice of the Omrt oe
Appeals. Oscar C. Herrera, They $howed their mastery of the subieet
for within ono (2) years, they submined their 13r0PDBed ChiniM in
out rules of widonte..
Subsequently, the Supreme Coon rourge.nised the Sub-
Comruitt‘is revising our rules on Evidence. 'Theo Chief iriustize Lana
P. Bamamivi became iba Chairman, and then Senior iate of
thp, &toren* Court, Justice. Ivicsidade M. Peralta, served as Viet
Chairman, Then Ainociate Justice of the Supreme Gotha Francis
H. jordelew, Asse.eietto Juatiee of the Supreme Court Benjamin
S. Caguloa„ Assotiare Justice of the Supreme Court Alexander G.
Gairmundo,. Seerwtary Mayriardo 1. Ouevarra of the Department
of Justice_ Justice Adolfo S. Autina.. Chancellor of 151111JA, Jose
Mid P. Marquez. Court Administrator,. Atty. Tranquil Gervesio
S. Salvador III, Atty. 'Hamon 8. Esguerra and Atty. Arcade. Z.
Tokintino.. Jr.., All outstanding private practitioners completed. the
membership or the Sub..Committee_ The Sub-Committee proposed
further ehter10 8 in our lain on evidence "to incorporate the
-

technological advancea and dolAtiOrmants1 in law, kinivrudenc4 Abd

tritermilionni conventions in the peat decadie-' On October 8., 2019, 11 has adopted some of the new rubes of evidence now in. me in
the gkiprom e cocirt with the Honorable Ltdeos P. Berearnin, as Chief common law cii.untries, notably the United States. It has drawn
Juaicc, wiginnnokily Approved 11m Propaecd Amendments to
thy Roviied. Hulea on Evidence,
The publication of this treatise, entitled insights on Evidence,
&mussing the gratulan of the 2..019 Supreme Court ameodnients in
our rules on evidence written by no less th.an Chief Justice Dioulado
M_ Peralta And Court of Appeals Associate justice Eduardo B.
Peraltaoht. is glad.tictings for the Bench end the Bar_ Chef JuAti.ce
Peralta c4nnitanclo at his fingertips the th.eoretitalsoad philosophical
underpinnings of our rules on evidence-. and has applied them in
thaililikriiiS of real oasts at trial jai*, at Associate justive in. the
Elandiganhayan. end ea .magistrate in the Highest Court oldie Land.
Ark original member of the 2008 Sib Comrnittee and as its Vice
-

ChEkinnan 312 201.9, Chief Jul Peralre can be called as one Vi its
mi 41 wive is , herice, fie know.4 a]] the labyrinths of its metamorphowia.
On. the other hand, Associate Justice Eduardo a reralta, Jr_ of
the Court of Appeals has repeatedly demonstrated the length of
his intellectual bandwidth with his ecInnoritilailliVil commentaries
VatiOtlut subjects of Philippine low.
I like to believe that the last building block of the rule of law
is the law CM evidence. For it is thru the law of evidence that our
people are able to assert in courts their rights and privileges giranted
by our aubstantive Laws starting from the Constituton, the laws of
Congress, the acts of the Executive, and the decisious of the Supreme
Court. It is also thru the proper applikation of our law of evidence
that trial judges and 6.ppell2.be juatioa nre. able to leisure dirt only
relevant evitlente are introducod by the partite% to eve their rights;
that only relevant Ovideirree that aro reliable iret coucideratl and
that iho riplevatit arr41 NEM:4e eiritiorm allowed by vaunts art. not
e xcluded by the Cormtitution for violating such rights
as tho right arairot self-incrimination, etc, In fine, our law
on evidence innires
e bettor quality of justice for its various rules prevent
the tampering of truth. even as they promote diepensation of
epeedyjurtice for they
e lirains.te evidence that is irrelpiaut and unreliable.
Its mastery by our eabitere of justice is a must for its wrong
application is certain to result Lu failure. of just e_
This textbook giver us a tour itl• liorison of the leftist. wrinkle on
the law on eviderrce wrought by technology and artificial inteliigence,
 the wig of the moat 'Winged OCRIRMigatillAnii on the lair OM
evidence Gil MecOrrnitk., Mueller, KiaPkiltoriCkpLinlaPeals
d, °tiled*, This treaties will have a lung akellit life mind it .6.1. bloat to
on
keep it. at eau's length_
1141.W.Con City, tiny 14, 2020_

REYNATO S. PUN°
ire.r4
St1Priene Court of tht PlkUippinto
 ABOUT THE AUTRIOR
(Chief Justice. Diosdado M. Puska)
Born in Laglag City, thew Norte, to former Dios City, Davao.
(18l sap and Manila Carat of First Instance Judge Whitt. Lazo Pendtd,
and public school tewher Catafin.e. Madarang feralta, the Honorable
pioaclatio Peraita., the 6th Chief Justice of the Republic or the
Philip started hie career in government servitw in 1987 as
Third Ageiatent City Fiscal of Laroag City_ He wee assigned to the
Prosecutors Mite in the City of Manila in HIM and later became
the Astdstant Chief 01 the investigation Division of the Office of the
City prosecutor in 1994. Ais a prosecutor,. he was recognized eig. tho
Mosl adstah(1.4 Pubac PreiteMtgOr of Memik for the year H5
'1991by the City 451 Mama, and the Most oilastahtlitig F tic
Proagetaor of the City of &Wail in 1E194 by the Department of
'Justice_ His was also <me of the Five finalists for Outstanding Public
Prosecute( Nationwide, friren by the Foundation for Judicial Excel!
enee in 1908.
(n Soriteasher Ogg, Hon. Dimas& M. Perak!" wat
pried court Await in quielpfliT1 Ciisr, where hit saki we
ilesignatcci Cone. in 11eineirs Crimes nncl, later, Dross
Cam. AB a tritil oust Jwige. he WA& conferred the Aoeicicir
Awards in kiluo Field C.i.rni.riza Lena given by t} integrated Bar of
the P'hilippino Arid the SurNme. Court during else Supreme Court'
e Centermiel CiCiiith Year Celebration an June 20101. He was liliewiRe
given the Antlicith nredireftee Alsanis 15002 (Cirtfel
Perri OR Avdneeft Atord far Otadendli-Itg Regtenui rrka Cment
.011401 b the-Fixinaation, for Judicial Excellence on Jug 14, -
k i

waa appointell irr2.1)02 at Associate Juatuat of the

Sandikranbayan and, AKI8, as Prodding Jusnoe of the attalTaft
court. Prior to becoming a. member of the SuPreme Court on JarKIRTY
13, 2009, he was a Rafe:13E6r, lecturer. resource Mson and Bar
reviewer in Criminal Law, enaullal Procedure. Rtnleclial Lew- , arid
Trio] Teehnigkkes at the UST /malty of CM Law, Atcneo de Manila
University, San Itecla CA')Ilege of Law, University Cif thereilt. and

vii
University of the Philippines Law Center, among others. -Le has
been a member t the vorpa of Pro-69800ra tinder the DeParimmill
of Criminal! Law of the Philippine Judicial Amierny arid riotediiria to be Use of Vioreciconimencing Toelinitliogy for Remote (buff APPegratter
an active lecturer thereof on ita orientation progra m for ,
or madman) 4 Persons Deptrudectof Liberty Jails 'mud N4ti4;eid
neWlY'aPPOifilled Judges, Pre'ilikakittuxe -Fromm and other training peitueraiarits which will lie pilot-tested in Davao City-
serninaPar even after his appointment as Chief justice on October 23, From A.ugugt 2018 until his appointment 261 Chief Juatite,
2619. He wa% the chairmen of the 2014 Far egaminataariB, and six. chie.f jughice Perfilia Served as Chairwitrawn of the House of
chairman of the committee that drafted the couchiet of the Special
Igharl'ah Bar ilia j natjuni, Rtikr.eimptitaiives Electoral Tribunal (HRET), of which he had been
,member sinri! 2011_ He also bad, for a period of time, um]
At Prazent, Chie( Justice Perak& is the Chairpersorb of the chsirpenton of the Senate Electors] Tribunal which deckles
VecIllnitt** on the Revision of the Pules of 001.11ft Maher Rule ,
e in aitting members of the Squat& of the Philigitinen-
Ounirnittes), Chairpenion of the Suli.Committee G11 the Revision Clirmently. Chief Justice F'araltri. is the ex laffido OhairPernon of the
the 19g7 Rues of CM) Procedure, and Chairperson. of rho tai Fregidential Electoral Tribunal.
Carantictee for the Rules on Ine-oectioo of the phapfarke C:rwthrietition Chief antiog Peralta is. an alumnus of the Lravaraity -of into
Cianimiasion. Spseial. Committee for the Rules of Procedure for
'ramie Faculty of Civil Low where he took .ap FALw Ex a 'waning
4.74ae-s, All well a rib..Committees for Revj2400 of the
]bales of Prix eau* fiat Intelleptual Property Rights Cases and student, and graduated in 1979. He iktainell Iva landergraiworte
IteArinin of the Rules ion Criminal Plomclere. Be is also a member 1:1( degree in Ewnornica trunk the. Cale O de %OA Imam cie Letrein it
the Board of Judges of the Society for 44.i.digial Excellence' Ana of the 001101>er 074, ]11 2010, he was -00T1f9311.41 the dogma of Doctor of
Sub-Coairaiftee on the Internal Rides of the Supreme Coma, ag well Laws Iforiethi Gauorx by the Nerthwcatern Univers:iv, Lactag City_
as tho lead representation of the Judiciary Budget Committee that Chief Justice Peralta is married to Court. of Appeals Associate
defends its budget. before Corgokes since 2012. RE yi the Cbairmson f jusibto Forriaiga, Loraptig4zotallta, a Certified Pub& Aetti.untant. lawyer,
the Committee on Legislative-Executive Relations. CLETteililiM); with whom he has four children; Dorothy. John Christopher, Timothy
Riad
Still"C°'-rwhittE121 on Evidence. He i likewise a 'timber of the John, and John Isom.
following com.mittees2 Committee on the Rubs on DNA Evidence;
Committee on the Revision of the- Philippine Benchhook for Tried
Courc Judges; and. &Alicia] Mom Support Freject Management
Committee, of which he diaire the Co.mporient Working- Commitr.e€
for Componerit D.
Chief Justice Pera]te is the Chalirpereor, 04 the Spacial
Committee nn Small Clai ma ri.soom, whie.b. drained the revision
the itaies Profedime a .mold anima C' esin 2015. and
'ThaiirPerson and main architect of the Special ConumittsiD .5n.Speedy
Trial which dIrbiltwl the NJ 7 Rinei.gorr Gr e i for cominlihnis Trial
of Crinill414 Caged_ Both rulesr Of rowed-live shlyw rii.rinarliable end
EigniBeant iinpmeraent 331 realleirie the durs.riori court
Proceeclitigs. and in iforiroving the trial ovum' compliant* with the
reakilleitarT periods, which resulted in drAmtie c-mae docket ivdigtion
And grleilth diSPNitiOn caws_
Chicfkistice Parallel ] ilk wise berves he chairpemon of the
Sped,] COrnEllittee Cla Rtv319iCirk of the -2018 Internal Rules of
the 8a4digcui.intyan, sa well .es the Special -Committee on the Rules
cf Pr educe in Eacticin Gonte-ats before the Firm Level Caurtg.
Ho ale* eirorheaded the gi,dopticui of the 2019' 61.414ighle$ our the