COMPARATIVE NOTES AND

REMARKS
on The 2019 Proposed Amendments to the
REVISED RULES ON EVIDENCE
A.M. No. 19-08-05-SC
8 October 2019
(Effective: 1 MAY 2020)
Deputy Court Administrator RAUL B. VILLANUEVA
OCA-Supreme Court
NOTICE: This material was done for educational purposes only. The comparisons made herein were simply to determine
what were the amendments or revisions done in every Rule, if any. The reasons for the amendments or revisions, for lack of
sufficient information thereon, are not discussed. Full responsibility is assumed for any comment or remark found herein.
 RULE 128
GENERAL PROVISIONS
REVISED RULES 2019 AMENDED RULES REMARKS
(on EVIDENCE) (on EVIDENCE)

Sec. 3. Admissibility of Sec. 3. Admissibility of  The amendment in Sec. 3

evidence. - Evidence is evidence. - Evidence is is that evidence is
admissible when it is admissible when it is admissible when it is
relevant to the issue and not relevant to the issue and not relevant to the issue and
excluded by the law or these excluded by the not excluded, not only by
rules. Constitution, the law or law or the Rules, but also
these Rules. by the Constitution.

NOTE: No amendment in Sec. 1 (Evidence defined), Sec. 2 (Scope) and Sec. 4 (Relevancy; collateral matters)
 RULE 129
WHAT NEED NOT BE PROVED
REVISED RULES
(on EVIDENCE)
Sec. 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, official acts of the
legislative, executive and judicial
departments of the Philippines, the
laws of nature, the measure of time,
and the geographical divisions.
Sec. 3. Judicial notice, when hearing
necessary. - During the trial, the court,
on its own initiative, or on request of a
party, may announce the intention to
take judicial notice of any matter and
allow the parties to be heard thereon.
NOTE: No amendment in Sec. 2 (Judicial notice, when discretionary)
2019 AMENDED RULES
(on EVIDENCE)
Sec. 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, official 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.
Sec. 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.
REMARKS
 The amendment in Sec. 1 pertains
to the court taking judicial notice,
without the introduction of evidence,
of, among others, the official acts of
the legislative, executive and judicial
departments of the National
Government of the Philippines.
 The amendment in Sec. 3
recognizes, among others, that
during the pre-trial the court shall,
motu proprio or upon motion,
hear the parties on the propriety
of taking judicial notice of any
matter.
RULE 129
WHAT NEED NOT BE PROVED – cont.
REVISED RULES
(on EVIDENCE)
Sec. 3. Judicial notice, when
hearing necessary. – cont.
After the trial, and before
judgment or on appeal, the
proper court, on its own initiative
or on request of a party, may
take judicial notice of any matter
and allow the parties to be
heard thereon if such matter is
decisive of a material issue in
the case.
Sec. 4. Judicial admissions. - An
admission, verbal or written,
made by a 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 no such
admission was made.
2019 AMENDED RULES
(on EVIDENCE)
Sec. 3. Judicial notice, when
hearing necessary. – cont.
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.
Sec. 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.
REMARKS
 The amendment in the second
paragraph removed the line
“After the trial, and”.
 Further, consistent with the
amendment in the first
paragraph, the court may
“motu proprio or upon
motion”, may take judicial
notice of any matter and hear
the parties thereon if such
matter is decisive of a material
issue in the case.
 The amendment in Sec. 4
used the word “oral”, instead
of “verbal” when referring to
an admission
 Also, the judicial admission
may be contradicted only by
showing that it was made
through palpable mistake or
that the imputed admission
was not, in fact, made.
 RULE 130
RULES OF ADMISSIBILITY
REVISED RULES
(on EVIDENCE)
B. DOCUMENTARY EVIDENCE
Sec. 2. Documentary evidence. -
Documents as evidence consist of
writings or any material containing
letters, words, numbers, figures,
symbols or other modes of written
expression offered as proof of their
contents.
1. Original Document Rule
(no longer the Best Evidence Rule)
Sec. 3. Original document must be
produced; exceptions. - When the
subject of inquiry is the contents of
a document, no evidence shall be
admissible other than the original
document itself, except in the
following cases:
NOTE1: No amendment in A. OBJECT (REAL) EVIDENCE, Sec. 1 (Object as evidence).
NOTE2: Item B(1), Rule 130 is now sub-titled as the Original Document Rule, no longer the Best Evidence Rule.
2019 AMENDED RULES REMARKS
(on EVIDENCE)
B. DOCUMENTARY EVIDENCE  The amendment in Sec. 2
Sec. 2. Documentary evidence. - expanded the definition of
Documents as evidence consist of documentary evidence, which now
writings, recordings, photographs or includes “recordings and
any material containing letters, words, photographs”, as well as sounds,
sounds, numbers, figures, symbols, or their equivalent.
or their equivalent, or other modes of  There is also a new sentence on
written expression offered as proof of the definition of “photographs”,
their contents. Photographs include which include still pictures,
still pictures, drawings, stored drawings, stored images, x-ray
images, x-ray films, motion pictures films, motion pictures or videos.
or videos.
1. Original Document Rule  The amendment in Sec. 3 provides
(no longer the Best Evidence Rule) that when the subject of inquiry is
Sec. 3. Original document must be the contents of, among others, a
produced; exceptions. - When the writing, recording, photograph or
subject of inquiry is the contents of other record, no evidence is
a document, writing, recording, admissible than the original
photograph or other record, no document itself.
evidence is admissible other than  The exception applies if, aside from
the original document itself, except the document itself, the “writing,
in the following cases: recording, photograph or other
record”, cannot be presented.
RULE 130
RULES OF ADMISSIBILITY – cont.
REVISED RULES
(on EVIDENCE)
Sec. 3. Original document must be
produced; exceptions – cont.
(a) When the original has been lost or
destroyed, or cannot be produced in
court, without bad faith on the part of
the offeror;
(b) When the original is in the custody
or under the control of the party
against whom the evidence is offered,
and the latter fails to produce it after
reasonable notice;
(c) xxx xxx xxx
(d) xxx xxx xxx
Sec. 4. Original of document. –
(a) The original of the document is
one of the contents of which are the
subject of inquiry.
2019 AMENDED RULES
(on EVIDENCE)
Sec. 3. Original document must be
produced; exceptions – cont.
(a) When the original is lost or destroyed,
or cannot be produced in court, without
bad faith on the part of the offeror;
(b) When the original is in the custody or
under the control of the party against
whom the evidence is offered, and the
latter fails to produce it after reasonable
notice, or the original cannot be
obtained by local judicial processes or
procedures;
(c) xxx
(d) xxx
(e) When the original is not closely-
related to a controlling issue.
Sec. 4. Original of document. -
(a) An “original” of a document is the
document itself or any counterpart
intended to have the same effect by a
person executing or issuing it. An
“original” of a photograph includes the
negative or any print therefrom. If data
is stored in a computer or similar
device, any printout or other output
readable by sight or other means,
shown to reflect the data accurately, is
an “original”.
REMARKS
 No amendment in items (c) and (d) in the
exceptions, while there is only a minor
amendment in item (a).
 The amendment in item (b) includes, as
an exception, a situation wherein the
original of a document, writing, recording,
photograph or other record cannot be
obtained by judicial processes.
 Item (e) is a new provision wherein
another exception is when the original is
not closely-related to a controlling
issue.
 The new item (a) completely amended the
provisions of the old Sec. 4(a).
 The amendment defines what an
“original document” is, which is the
document itself or any counterpart
intended to have the same effect by a
person executing or issuing it.
 Also, it provides that an “original” of a
photograph includes the negative or
any print therefrom.
 Further, the data stored in a computer
or similar device, any printout thereof,
among others, shown to reflect the data
accurately, is also an “original”.
RULE 130
RULES OF ADMISSIBILITY – cont.

REVISED RULES 2019 AMENDED RULES REMARKS

(on EVIDENCE) (on EVIDENCE)
Sec. 4. Original of Sec. 4. Original of document. – cont.  The new item (b) completely
document. – cont. amended the old Sec. 4(b).

(b) When a document is in (b) A “duplicate” is a counterpart  The definition of a “duplicate” is

two or more copies produced by the same impression more detailed, it pertains to a
executed at or about the as the original, or from the same counterpart produced (i) by the
same time, with identical matrix, or by means of same impression as the original, or
contents, all such copies are photography, including (ii) from the same matrix, or (iii) by
equally regarded as enlargements and miniatures, or means of photography, or (iv) by
originals. by mechanical or electronic re- mechanical or electronic
recording, or by chemical recording, (v) by chemical
reproduction, or by other reproduction, or (vi) by other
equivalent techniques which equivalent techniques which
accurately reproduce the original. accurately reproduce the original.

(c) When an entry is
repeated in the regular
course of business, one
being copied from another
at or near the time of the
transaction, all the entries
are likewise equally
regarded as originals.
(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.
 The new item (c) completely
amended the old Sec. 4(c).
 The admissibility of a duplicate is
allowed to the same extent as an
original unless, or subject to the
following exceptions: (1) a genuine
question is raised as to the
authenticity of the original or (2) it
is unjust or inequitable to admit
the duplicate in lieu of the original.
 RULE 130
RULES OF ADMISSIBILITY – cont.

REVISED RULES 2019 AMENDED RULES REMARKS

(on EVIDENCE) (on EVIDENCE)
NO SIMILAR PROVISION 2. Secondary Evidence
Sec. 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. (n)
3. Parol Evidence Rule 3. Parol Evidence Rule
Sec. 9. Evidence of written Sec. 10. Evidence of written agreements.
agreements. - When the terms of an -When the terms of an agreement have been
agreement have been reduced to reduced to writing, it is considered as containing
writing, it is considered as containing all all the terms agreed upon and there can be, as
the terms agreed upon and there can between the parties and their successors in
be, between the parties and their interest, no evidence of such terms other than
successors in interest, no evidence of the contents of the written agreement.
such terms other than the contents of
the written agreement.
 Sec. 7 is a NEW SECTION.
 It provides that when the contents of
documents, records, photograph, 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 thereof may be
presented in the form of a chart, summary
or calculation.
 Also, the originals of said “voluminous”
evidence shall be available to the adverse
party for examination or copying, or both.
 This used to be Sec. 9.
 The amendment in the first paragraph of Sec.
10 is not substantial, aside from the re-
numbering thereof, the word “as” was merely
inserted.

NOTE1: The amendments in Secondary Evidence, Sec. 5 (When original document is unavailable) and Sec. 6 (When original
document is in adverse party’s custody or control) are gender-based (involves changing “he”, “him” or “his” to “he or she”, “him or
her” or “his or her”)
NOTE2: No amendment in Secondary Evidence, Sec. 8 (Evidence admissible when original document is a public record) and
Sec. 9 (Party who calls for document not bound to offer it), except the re-numbering of said sections.
 RULE 130
RULES OF ADMISSIBILITY – cont.

REVISED RULES 2019 AMENDED RULES REMARKS

(on EVIDENCE) (on EVIDENCE)
Sec. 9. Evidence of written agreements – cont. Sec. 10. Evidence of written agreements –
cont.
However, a party may present evidence to
modify, explain or add to the terms of the written However, a party may present evidence to  No substantial amendment in the third
agreement if he puts in issue in his pleading: modify, explain or add to the terms of the paragraph of Sec. 10, aside from the
(a)xxx written agreement if he or she puts in issue in gender-based amendment.
(b)xxx a verified pleading:  Also, the word “verified” was inserted
(c)xxx (a)xxx when referring to the kind of pleading
(d)xxx (b)xxx that is needed when a party presents
(c)xxx evidence to “modify explain or add to
The term “agreement” includes wills. (d)xxx the terms of a written agreement”.

The term “agreement” includes wills. (9)

1. Qualification of Witnesses 1. Qualification of Witnesses  This used to be Sec. 22.
Sec. 22. Disqualification by reason of marriage Sec. 23. Disqualification by reason of marriage  The amendment in Sec. 23 made it
During their marriage, neither the husband nor During their marriage, the husband or the wife clear that the husband or the wife
the wife may testify for or against the other cannot testify for or against the other without “cannot” testify against each other,
without the consent of the affected spouse, the consent of the affected spouse, except in a subject to exceptions involving a civil
except in a civil case by one against the civil case by one against the other, or in a case filed by one spouse against the
other, or in a criminal case for a crime criminal case for a crime committed by one other or in a criminal case committed
committed by one against the other or the against the other or the latter’s direct by one spouse against the other or the
latter’s direct descendants or ascendants. descendants or ascendants. (22) latter’s direct descendants or
ascendants.
NOTE1: No amendment in 4. Interpretation of Documents, Sec. 11 (Interpretation of a writing according to its legal meaning), Sec. 12 (Instrument construed so
as to give effect to all provisions), Sec. 13. (Interpretation according to intention; general and particular provisions), Sec. 15 (Peculiar signification of terms), Sec. 16
(Written words control printed), Sec. 17 (Experts and interpreters to be used in explaining certain writings), Sec. 19 (Construction in favor of natural right) and Sec.
20 (Interpretation according to usage), except the re-numbering of the said sections
NOTE2: Amendments in 4. Interpretation of Documents, Sec. 14 (Interpretation according to circumstances) and Sec. 18 (Of two constructions, which preferred)
are gender-based and the re-numbering of the said sections
NOTE3: No amendment in C. TESTIMONIAL EVIDENCE, 1. Qualification of Witnesses, Sec. 21 (Witnesses; their qualifications), except the re-numbering of said
section
NOTE4: Amendments in 1. Qualification of Witnesses, Sec. 22 (Testimony confined to personal knowledge) are gender-based and the re-numbering of said
section. This is the old Sec. 36 (Testimony generally confined to personal knowledge; hearsay excluded)
NOTE5: The old 1. Qualification of Witnesses, Sec. 21 (Disqualification by reason of mental incapacity or immaturity) was DELETED
NOTE6: The old 1. Qualification of Witnesses, Sec. 23 (Disqualification by reason of death or insanity) was TRANSPOSED to the new Sec. 39.
RULE 130
RULES OF ADMISSIBILITY – cont.

REVISED RULES 2019 AMENDED RULES REMARKS

(on EVIDENCE) (on EVIDENCE)
Sec. 24. Disqualification by Sec. 24. Disqualification by reason of  There is no amendment in item
reason of privileged privileged communication. - The (a) on the privileged
communication. - The following following persons cannot testify as to communication involving the
persons cannot testify as to matters learned in confidence in the husband and wife during or
matters learned in confidence in following cases: after the marriage.
the following cases:  The amendment in item (b) is
(a) xxx xxx xxx that, aside from the lawyer, a
(a) xxx xxx xxx (b) An attorney or person “person reasonably believed
(b) An attorney cannot, without reasonably believed by the client to by the client to be licensed to
the consent of his client, be be licensed to engage in the engage in the practice of
examined as to any practice of law cannot, without the law” is prohibited from
communication made by the client consent of the client, be examined as testifying against a client based
to him, or his advice given to any communication made by the on privileged communication.
thereon in the course of, or with a client to him or her, or his or her  Also, item (b) included in the
view to, professional employment, advice given thereon in the course of, prohibition are the “other
nor can an attorney’s secretary, or with a view to, professional persons assisting the
stenographer, or clerk be employment, nor can an attorney’s attorney”.
examined, without the consent of secretary, stenographer, or clerk, or  Further, the amendment in item
the client and his employer, other persons assisting the (b) enumerated the
concerning any fact the attorney be examined, without the “exceptions” to the “attorney-
knowledge of which has been consent of the client and his client” privilege, which is a new
acquired in such capacity. employer, concerning any fact the provision.
knowledge of which has been  The further amendment in item
acquired in such capacity, except in (b) is just gender-based.
the following cases:
RULE 130
RULES OF ADMISSIBILITY – cont.

REVISED RULES 2019 AMENDED RULES REMARKS

(on EVIDENCE) (on EVIDENCE)
Sec. 24. Disqualification by reason of privileged
communication – cont.

(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 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 any issue
concerning an attested document to which
the lawyer is an attesting witness; or
(v) Joint clients. As to a communication
relevant to a matter of common interest
between two or more clients if the
communication was made by any of them to
a lawyer retained or consulted in common,
when offered in an action between any of the
clients, unless they have expressly agreed
otherwise.
 Exceptions (i) to (iv) in item (b) are
new provisions.
 These exceptions to the lawyer-client
privileged communication include
cases wherein the services or
advice of the lawyer were sought
(i) in furtherance of a crime or
fraud, or the communication
conveyed to the lawyer is relevant to
(ii) claimants through the same
deceased client (of the lawyer), or
the communication is a (iii) breach
of duty by the lawyer to his or her
client, or the communication is
relevant to an (iv) document
attested by the lawyer as the
attesting witness, or the
communication is relevant to the
common interest of (v) joint clients.
RULE 130
RULES OF ADMISSIBILITY – cont.
REVISED RULES
(on EVIDENCE)
Sec. 24. Disqualification by reason of
privileged communication – cont.
(c) A person authorized to practice
medicine, surgery or obstetrics cannot in
a civil case, without the consent of the
patient, be examined as to any advice or
treatment given by him or any
information which he may have acquired
in attending such patient in a
professional capacity, which information
was necessary to enable him to act in
such capacity, and which which would
blacken the reputation of the patient;
2019 AMENDED RULES
(on EVIDENCE)
Sec. 24. Disqualification by reason of
privileged communication – cont.
(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
confidential communication made for
the purpose of diagnosis or treatment of
the patient’s physical, mental or
emotional condition, including alcohol
or drug addition, between 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.
REMARKS
 Item (c) is completely amended the
old Sec. 24(c) on “doctor-patient”
privilege.
 The amendment disqualifies a
physician, psychotherapist or
person reasonably believed to be
authorized to practice medicine or
psychotherapy, in a civil case and
without the consent of the patient,
from being examined as to any
confidential communication made
for the purpose of diagnosis or
treatment of the patient’s
physical, mental or emotional
condition, including alcohol or
drug addiction.
 The privilege now includes
“members of the patient’s family
who participated in the diagnosis
or treatment of the patient under
the direction of the physician or
psychotherapist”.
 The definition as to who is a
“psychotherapist” is a new
provision in the second paragraph of
item (c).
RULE 130
RULES OF ADMISSIBILITY – cont.
REVISED RULES
(on EVIDENCE)
Sec. 24. Disqualification by reason
of privileged communication – cont.
(d) A minister or priest cannot,
without the consent of the person
making the confession, be
examined as to any confession
made to or any advice given by him
in his professional character in the
course of discipline enjoined by the
church to which the minister or
priest belongs;
(e) A public officer cannot be
examined during his term of office
afterwards, as to communications
made to him in official confidence,
when the court finds that the public
interest would suffer by the
disclosure.
2019 AMENDED RULES
(on EVIDENCE)
Sec. 24. Disqualification by reason of
privileged communication – cont.
(d) A minister, priest or person
reasonably believed to be so cannot,
without the consent of the affected
person, be examined as to any
communication or confession made to
or any advice given by him or her, in
his or her professional character, in
the course of discipline enjoined by the
church to which the minster or priest
belongs.
(e) A public officer cannot be examined
during or after his or her tenure as to
communications made to him or her in
official confidence, when the court finds
that the public interest would suffer by
the disclosure.
The communication shall be
privileged, even in the hands of a
third person who may have obtained
the information, provided that the
original parties to the
communication took precaution to
protect its confidentiality.
REMARKS
 Item (d) identifies who are covered
by the “priest-confessant” privileged
communication, which includes a
person reasonably believed to be
a minister or priest by the
confessant or affected person,
regarding the confession or advice
given to him.
 The amendment in item (e) covers
a public officer who cannot be
examined during or even after
his/her tenure as to
communications made to him/her in
official confidence.
 The second paragraph in item (e)
is a new provision. It states that the
communication shall be 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
precautions to protect its
confidentiality.
RULE 130
RULES OF ADMISSIBILITY – cont.
REVISED RULES 2019 AMENDED RULES
(on EVIDENCE) (on EVIDENCE)
2. Testimonial Privilege 2. Testimonial Privilege
Sec. 25. Parental and filial Sec. 25. Parental and filial privilege. - No
privilege. - No person may be person shall be compelled to testify
compelled to testify against his against his or her parents, other direct
parents, other direct ascendants, ascendants, children or other direct
children or other direct descendants, except when such
descendants. testimony is indispensable in a crime
against that person or by one parent
against the other.
NO SIMILAR PROVISION Sec. 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.
REMARKS
 The amendment in Sec. 25 provides
that an exception to the privilege
(parental and filial privilege) that no
person shall be compelled to testify
against his/her parents, children, or
other direct ascendants/descendants,
is when such testimony is
indispensable in a crime against
the concerned person or by one
parent against the other.
 The other amendment is just gender-
based.
 This is a NEW SECTION.
 The amendment provides that a
person cannot be compelled to
testify about any trade secret,
unless the non-disclosure will
conceal fraud or otherwise work
injustice.
 Also, when disclosure is directed,
the court shall take such
protective measures as the
interest of the owner of the trade
secret and of the parties and the
furtherance of justice may require.
 RULE 130
RULES OF ADMISSIBILITY – cont.
REVISED RULES
(on EVIDENCE)
3. Admissions and Confessions
Sec. 27. Offer of compromise not admissible
In civil cases, an offer of compromise is not
an admission of any liability, and is not
admissible in evidence against the offeror.
xxx xxx xxx
A plea of guilty later withdrawn, or an
unaccepted offer of a plea of guilty to a
lesser offense, is not admissible in evidence
against the accused who made the plea of
offer.
NOTE1: The amendments in 3. Admissions and Confessions, Sec. 27 (Admission of a party), Sec. 33 (Admission
by silence) and Sec. 34 (Confession) are gender-based and pertains to the re-numbering of the said sections
NOTE2: No amendment in 3. Admissions and Confessions, Sec. 29 (Admission by third party), except the re-
numbering of said section
2019 AMENDED RULES
(on EVIDENCE)
3. Admissions and Confessions
Sec. 28. Offer of compromise not admissible
In civil cases, an offer of compromise is not an
admission of any liability, and is not admissible
in evidence against the offeror. Neither is
evidence of conduct nor statements made
in compromise negotiations admissible,
except evidence otherwise discoverable or
offered for another purpose, such as
proving bias or prejudice of a witness,
negativiting a contention of undue delay, or
proving an effort to obstruct a criminal
investigation or prosecution.
xxx xxx xxx
A plea of guilty later withdrawn, or an
unaccepted offer of a plea of guilty to a lesser
offense, is not admissible in evidence against
the accused who made the plea of offer.
Neither is any statement made in the
course of plea bargaining with the
prosecution, which does not result in a
plea of guilty or which results in a plea of
guilty later withdrawn, admissible.
REMARKS
 The second sentence in the first paragraph
of Sec. 28 is a new provision.
 The amendment provides that “neither
evidence of conduct nor statements
made in compromise negotiations” are
not admissible, except in evidence,
subject to the exception evidence
otherwise discoverable or offered for
another purpose”, such as proving bias
or prejudice of a witness, negativing a
contention of undue delay, or proving
an effort to obstruct a criminal
investigation or prosecution.
 No amendment in the second paragraph
(offer of compromise in criminal cases).
 The second sentence in the third
paragraph is a new provision which
provides that neither is any statement
made in the course of plea bargaining
with the prosecution admissible, if this
does not result in a plea of guilty or in a
plea of guilty later withdrawn.
RULE 130
RULES OF ADMISSIBILITY – cont.
REVISED RULES
(on EVIDENCE)
Sec. 29. Admission by co-partner or
agent. - The act or declaration of a
partner or agent of the party within the
scope of his 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 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.
Sec. 30. Admission by conspirator. - The
act or declaration of a conspirator
relating to the conspiracy and during its
existence, may by given in evidence
against the co-conspirator after the
conspiracy is shown by evidence other
than such act of declaration.
Sec. 31. Admission by privies. - Where
one derives title to property from
another, the act, declaration, or
omission of the latter, while holding the
title, in relation to the property, is
evidence against the former.
2019 AMENDED RULES
(on EVIDENCE)
Sec. 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. (29)
Sec. 31. Admission by conspirator. - The
act or declaration of a conspirator in
furtherance of the conspiracy and during
its existence, may by given in evidence
against the co-conspirator after the
conspiracy is shown by evidence other
than such act of declaration. (30)
Sec. 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. (31)
REMARKS
 This used to be Sec. 29.
 The amendment in the first sentence of
Sec. 30 provides that 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/her authority,
for one, may be given in evidence
against such party after the
partnership/agency is shown by
evidence other than such act or
declaration.
 Also, the other amendment is just
gender-based.
 This used to be Sec. 30.
 The amendment in Sec. 31 is a minor
one and a matter of style.
 This used to be Sec. 31.
 The amendment in Sec. 32 is a minor
one and a matter of style.
 Also, it clarifies that where a person
derives title to property from another
person, the act, declaration or
omission of the latter in relation to the
property is evidence against the
former, if done while the latter was
holding the title.
RULE 130
RULES OF ADMISSIBILITY – cont.
REVISED RULES 2019 AMENDED RULES
(on EVIDENCE) (on EVIDENCE)
NO SIMILAR PROVISION 5. Hearsay
Sec. 37. Hearsay. - Hearsay is a statement other than
one made by the declarant while testifying at a trial or
hearing, offered to prove the truth of the facts
asserted therein. A statement is (1) an oral or written
assertion or (2) a 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 testifies at
the trial or hearing and is subject to cross-
examination concerning the statement, and the
statement is (a) inconsistent with the declarant’s
testimony, and was given under oath subject to the
penalty of perjury at a trial, hearing or other
proceeding, or in a deposition; (b) consistent with the
declarant’s testimony and is offered to rebut an
express or implied charge against the declarant of
recent fabrication or improper influence or motive; or
(c) one of identification of a person made after
perceiving him or her.
NOTE1: The item on 5. Hearsay is a new item in Rule 130
NOTE2: The old 5. Testimonial Knowledge, Sec. 36 (Testimony generally confined to personal knowledge; hearsay
excluded) was TRANSPOSED to Sec. 22 (Testimony confined to personal knowledge)
REMARKS
 This is a NEW SECTION. It defines what
HEARSAY is which is a statement other
than one made by the declarant while
testifying at a trial or hearing, offered to
prove the truth of the facts asserted
therein. The statement may be (i) a oral
or written assertion or (ii) a non-verbal
conduct of a person.
 Hearsay evidence is inadmissible, subject
to exceptions as provided in the Rules.
 Prior thereto, there was no definition of
hearsay in the Rules of Court.
 The second paragraph defines what is
NOT A HEARSAY STATEMENT, which is
when a declarant testifies and is subject
to cross-examination concerning the
statement and the statement is: (i)
inconsistent with declarant’s testimony
and was given under oath; (ii) consistent
with the declarant’s testimony and is
offered to rebut an express or implied
charge against the declarant; or (iii) one
of identification of a person made after
perceiving him/her.
 RULE 130
RULES OF ADMISSIBILITY – cont.
REVISED RULES 2019 AMENDED RULES
(on EVIDENCE) (on EVIDENCE)
6. Exceptions To The Hearsay 6. Exceptions To The Hearsay Rule
Rule Sec. 39. Statement of decedent or person
Sec. 23. Disqualification by of unsound mind. - In an action against an
reason of death or insanity of executor or administrator or other
adverse party. - Parties or representative of a deceased person, or
assignor of parties to a case, or against a person of unsound mind, upon a
persons in whose behalf a case claim or demand against the estate of such
is prosecuted, against an deceased person or against such person of
executor or administrator or unsound mind, where a party or assignor of
other representative of a a party or a person in whose behalf a case
deceased person, or against a is prosecuted testifies on a matter of fact
person of unsound mind, upon a occurring before the death of the decreased
claim or demand against the person or before the person became of
estate of such deceased person unsound mind, any statement of the
or against such person of deceased or the person of unsound mind,
unsound mind, cannot testify as may be received in evidence if the
to any matter of fact occurring statement was made upon the personal
before the death of such knowledge of the deceased or the person
deceased person or before such of unsound mind at a time when the matter
person became of unsound had been recently perceived by him or her
mind. (old Sec. 23, Rule 130) and while his or her recollection was clear.
Such statement, however, is inadmissible
if made under circumstances indicating its
lack of trustworthiness. (23)
NOTE1: Amendments to 6. Exceptions To The Hearsay Rule, Sec. 38 (Dying declaration), Sec. 46 (Entries in official
records), and Sec. 48 (Learned treatises) are gender-based and pertain to the re-numbering of the said sections
NOTE2: No amendment in 6. Exceptions To The Hearsay Rule, Sec. 47 (Commercial lists and the like), except the
re-numbering of the said section
REMARKS
 The title to Sec. 39 was totally changed
compared to the old Sec. 23 where it was
largely taken from.
 The amendment provides, among others,
that in an action against an
executor/administrator or other
representative of a deceased person, or
against a person of unsound mind,
involving the estate of such deceased
person or person of unsound mind, where
a party or assignor of a party or a
person in whose behalf a case is
prosecuted testifies on a matter of fact
that occurred before the death of the
deceased person or before the person
became of unsound mind, any statement
of the deceased person or person of
unsound mind may be received in
evidence if the statement was made
upon the personal knowledge of the
deceased person or the person of
unsound mind at a time when the
matter had been recently perceived by
him/her and while his/her recollection
was clear.
 Also, if the statement lacks
trustworthiness then it is inadmissible.
 RULE 130
RULES OF ADMISSIBILITY – cont.
REVISED RULES
(on EVIDENCE)
Sec. 38. 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 declarant’s
own interest that a reasonable man in his
position would not have made the
declaration unless he believed it to be
true, may be received in evidence against
himself or his successors in interest and
against third persons.
Sec. 39. 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 by birth or marriage, may be
received in evidence where it occurred
before the controversy, and the
relationship between the two persons is
shown by evidence other than such act or
declaration. The word “pedigree” includes
relationship, family genealogy, birth,
marriage, death, the dates when and the
places where these facts occurred, and
the names of the relatives. It embraces
also facts of family history intimately
connected with pedigree.
2019 AMENDED RULES
(on EVIDENCE)
Sec. 40. Declaration against interest. - The
declaration made by a person deceased or unable to
testify against the interest of the declarant, if the fact
asserted in the declaration was at the time it was
made so far contrary to the declarant’s own interest
that a reasonable person in his or her position would
not have made the declaration unless he or she
believed it to be true, may be received in evidence
against himself or herself or his or her successors in
interest and against third persons. A statement
tending to expose the declarant to criminal
liability and offered to exculpate the accused is
not admissible unless corroborating
circumstances clearly indicate the
trustworthiness of the statement. (38)
Sec. 41. Act or declaration about pedigree. - The act
or declaration of a person deceased or unable to
testify, in respect to the pedigree of another person
related to him or her by birth, adoption, or marriage
or, in the absence thereof, with whose family he
or she was so intimately associated as to be likely
to have accurate information concerning his or
her pedigree, may be received in evidence where it
occurred before the controversy, and the relationship
between the two persons is shown by evidence other
than such act or declaration. The word “pedigree”
includes relationship, family genealogy, birth,
marriage, death, the dates when and the places
where these facts occurred, and the names of the
relatives. It embraces also facts of family history
intimately connected with pedigree. (39)
REMARKS
 This used to be Sec. 38.
 The amendment in Sec. 40, for one,
replaced the word “person” with “man”.
 Also, the second sentence is a new
provision. It provides that a statement
tending to expose the declarant to
criminal liability and offered to
exculpate the accused is not
admissible in evidence, unless
corroborating circumstances clearly
indicate the trustworthiness of the
statement.
 The other amendments are just
gender-based.
 This used to be Sec. 39.
 The amendment in Sec. 41 states that
the act or declaration of a deceased
person or unable to testify in
respect to pedigree of another
person related to him/her by, among
others, adoption, or in the absence
thereof, with whose family he/she
was so intimately associated as to
be likely to have accurate
information concerning his/her
pedigree, may be received in
evidence where it occurred before the
controversy, and the relationship
between the 2 persons is shown by
evidence other than such act or
declaration.
 RULE 130
RULES OF ADMISSIBILITY – cont.
REVISED RULES
(on EVIDENCE)
Sec. 40. 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 or affinity. 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.
Sec. 41. Common reputation. - Common
reputation existing previous to the
controversy, respecting facts of public or
general interest more than thirty years old, 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.
Sec. 42. Part of the res gestae. - Statements
made by a person while a startling
occurrence is taking place or immediately
prior or subsequent thereto with respect to
the circumstances thereof, may be given in
evidence as part of the res gestae. So, also,
statements accompanying an equivocal act
material to the issue, and giving it a legal
significance, may be received as part of the
res gestae.
2019 AMENDED RULES
(on EVIDENCE)
Sec. 42. Family reputation or tradition regarding
pedigree. - The reputation or tradition existing in
a family previous to the controversy, in respect
to the pedigree of any one of its members, may
be received in evidence if the witness testifying
thereon be also a member of the family, either
by consanguinity, affinity, or adoption. Entries
in family bibles or other family books or charts,
engraving on rings, family portraits and the like,
may be received as evidence of pedigree.(40)
Sec. 43. Common reputation. - Common
reputation existing previous to the controversy,
as to boundaries of or customs affecting
lands in the community and reputation as to
events of general history important to the
community, or respecting marriage or moral
character, may be given in evidence.
Monuments and inscriptions in public places
may be received as evidence of common
reputation. (41)
Sec. 44. Part of the res gestae. - Statements
made by a person while a startling occurrence is
taking place or immediately prior or subsequent
thereto, under the stress of excitement
caused by the occurrence with respect to the
circumstances thereof, may be given in evidence
as part of the res gestae. So, also, statements
accompanying an equivocal act material to the
issue, and giving it a legal significance, may be
received as part of the res gestae. (42)
REMARKS
 This used to be Sec. 40.
 The amendment in Sec. 42 provides that
the reputation or tradition existing in a
family previous to the controversy,
regarding the pedigree of any one of its
members, may be received in evidence if
the witness testifying is also a member of
the family, either by, among others,
adoption.
 This used to be Sec. 41.
 The amendment in the first sentence of
Sec. 43 involves common reputation
existing previous to the controversy
involving, for one, as to boundaries of
or customs affecting lands in the
community and reputation as to
events of general history important to
the community, may be given in
evidence.
 This used to be Sec. 42.
 The amendment to the first sentence of
Sec. 44 provides that 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.
 RULE 130
RULES OF ADMISSIBILITY – cont.
REVISED RULES
(on EVIDENCE)
Sec. 43. Entries in the course of
business. - Entries made at, or near
the time of transactions to which they
refer, by a person deceased or unable
to testify, who was in a position to
know the facts therein stated, may be
received as prima facie evidence, if
such person made the entries in his
professional capacity or I the
performance of duty and in the
ordinary or regular course of business.
(old Sec. 43, Rule 130)
Sec. 47. Testimony or deposition at a
former proceeding. - The testimony or
deposition of a witness deceased or
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.
2019 AMENDED RULES
(on EVIDENCE)
Sec. 45. Records of regularly conducted
business activity. - A memorandum, report,
record or data compilation of acts, events,
conditions, opinions or diagnoses, made by
writing, typing, electronic, optical or other
similar means at or near the time of or from
transmission or supply of information by a
person with knowledge thereof, and kept in
the regular course or conduct of a business
activity, and such was the regular practice to
make the memorandum, report, record, or
data compilation by electronic, optical or
similar means, all of which are shown by the
testimony of the custodian or other qualified
witnesses, is excepted from the rule on
hearsay evidence.
Sec. 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. (47)
REMARKS
 Sec. 45 completely amended the old Sec. 43.
 The new section provides that 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 are
kept in the regular course or conduct of a
business activity, and this was the regular
practice as shown by the testimony of the
custodian or other qualified witness of said
items, is excepted from the rule on hearsay
evidence.
 This used to be Sec. 47.
 The amendment in Sec. 49 clarifies that, aside
from the testimony or deposition of a
deceased witness, the testimony or a
deposition of one who is out of the
Philippines or who cannot, with due
diligence, be found therein, or is
unavailable or unable to testify, given in a
former case or proceeding involving the same
parties, may be given in evidence against the
adverse party who had the opportunity to
cross-examine said witness.
RULE 130
RULES OF ADMISSIBILITY – cont.
REVISED RULES 2019 AMENDED RULES
(on EVIDENCE) (on EVIDENCE)
NO SIMILAR PROVISION Sec. 50. Residual exception. - A statement
not specifically covered by any of the
foregoing exceptions, having equivalent
circumstantial guarantees of
trustworthiness, is admissible if the court
determines that (a) the statement is
offered as evidence of a material fact; (b)
the statement is more probative on the
point for which it is offered than any other
evidence which the proponent can
procure through reasonable efforts; and
(c) the general purposes of these rules
and the interests of justice will be best
served by admission of the statement into
evidence. However, a statement may not
be admitted under this exception unless
the proponent makes known to the
adverse party, sufficiently 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 offer the statement and the
particulars of it, including the name and
address of the declarant.
REMARKS
 Sec. 50 is a NEW SECTION.
 The amendment on RESIDUAL
EXCEPTION recognizes that a statement
not specifically covered by Secs. 38 to 49
(exceptions to the Hearsay Rule) that
have equivalent circumstantial
guarantees of trustworthiness is
admissible if the court determines that (a)
the statement is offered as evidence of a
material fact; (b) the statements is more
probative on the point for which it is
offered; and (c) admitting the statement
would serve the general purposes of the
rules and the interest of justice.
 This section is like a “catch all” exception to
the hearsay rule.
 In the second sentence, it is provided that a
statement may not be admitted under the
exception in this section unless the
proponent makes known to the adverse
party, sufficiently in advance of the
hearing or by the pre-trial stage, (and)
provide the the adverse party with a fair
opportunity to prepare to meet the
proponent’s intention to offer the
statement and the particulars of it,
including the name and address of the
declarant.
 RULE 130
RULES OF ADMISSIBILITY – cont.
REVISED RULES
(on EVIDENCE)
7. Opinion Rule
Sec. 49. Opinion of expert witness. - The
opinion of a witness on a matter requiring
special knowledge, skill, experience, or
training which he is shown to possess, may
be received in evidence.
8. Character Evidence
Sec. 51. Character evidence not generally
admissible; exceptions. - (a) In Criminal
Cases
(1) The accused may prove his good moral
character which is pertinent to the moral
trait involved in the offense charged
(2) Unless in rebuttal, the prosecution may
not prove his bad moral character which is
pertinent to the moral trait involved in the
offense charged
(3) The good or bad moral character of the
offended party may be proved if it tends to
establish in any reasonable degree the
probability or improbability of the offense
charged
NOTE1: No amendment in 7. Opinion Rule, Sec. 51 (General rule), except the re-numbering of the said section
NOTE2: The amendments in 7. Opinion Rule, Sec. 53 (Opinion of ordinary witnesses) are gender-based and
pertain to the re-numbering of the said sections
2019 AMENDED RULES
(on EVIDENCE)
7. Opinion Rule
Sec. 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. (49)
8. Character Evidence
Sec. 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 offended party may
be proved if it tends to establish in any
reasonable degree the probability or
improbability of the offense charged.
(2) The accused may prove his or her good
moral character, pertinent to the moral trait
involved in the offense charged However, the
prosecution may not prove his or her bad
moral unless on rebuttal.
REMARKS
 This used to be Sec. 49.
 The amendment in Sec. 52 requires that a
witness must possess, among others,
“education” on the matter that he will be
testifying on so that his opinion may be
received in evidence
 Another amendment is only gender-based.
This used to be Sec. 51.
The amendment in Sec. 54 states, among
others, that an 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, exceptions.
The amendment in item (1) under “Criminal
Cases”, provides that the character of the
offended party may be proved if it tends to
establish in any reasonable degree the
probability or improbability of the offense
charged.
The other amendment in item (1) states that
the prosecution may not prove the accused’s
bad moral unless on rebuttal.
Further, the amendment is only gender-
based.
 RULE 130
RULES OF ADMISSIBILITY – cont.
REVISED RULES
(on EVIDENCE)
Sec. 51. Character evidence not
generally admissible; exceptions – cont.
(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.
(c) In the case provided for in Rule 132,
Section 14 (Evidence of good character
of witness)
2019 AMENDED RULES
(on EVIDENCE)
Sec. 54. Character evidence not generally
admissible; exceptions – cont.
(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.
(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 specific 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 specific instances of
that person’s conduct. (51; 14[R132])
REMARKS
 No amendment with respect to the item
involving “Civil Cases”
 Item (c) for both “Criminal and Civil Cases” is a
new provision and completely amends the old
item (c)
 The amendment in item (c) provides that,
among others, evidence of good character of
a witness is not inadmissible until such
character has been impeached.
 Also, in all cases in which character
evidence or a trait of a person is
admissible, proof may be made by
testimony as to reputation or by testimony
in the form of an opinion.
 Further, on cross-examination, inquiry into
relevant specific instances of conduct is
allowed.
 In addition, 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 of specific instances of
that person’s conduct.
 RULE 131
BURDEN OF PROOF, BURDEN OF EVIDENCE AND
PRESUMPTIONS
REVISED RULES 2019 AMENDED RULES REMARKS
(on EVIDENCE) (on EVIDENCE)
Sec. 1. Burden of proof. - Sec. 1. Burden of proof and burden  The amendment in the first paragraph of
Burden of proof is the duty of evidence. - Burden of proof is the Sec. 1 is the statement that “burden of
of a party to present duty of a party to present evidence proof never shifts”, as compared to
evidence on facts in issue on facts in issue necessary to “burden of evidence”.
necessary to establish his establish his or her claim or  Also, the other amendment is just
claim or defense by the defense by the amount of evidence gender-based.
amount of evidence required by law. Burden of proof
required by law. never shifts.

Burden of evidence is the duty of  The second paragraph is a new

a party to present evidence provision. It defines what “burden of
sufficient to establish or rebut a evidence” which is the duty of a party
fact in issue to establish a prima to present evidence sufficient to
facie case. Burden of evidence establish or rebut a fact in issue to
may shift from one party to the establish a prima facie case.
other in the course of the  Also, it is provided therein that “burden
proceedings, depending on the of evidence” may shift from one party
exigencies of the case. to another in the course of the
proceedings, depending on the
exigencies of the case.
NOTE: The amendments in Sec. 2 (Conclusive presumptions), Sec. 3 (Disputable presumptions) and Sec. 4 (No presumption
of legitimacy or illegitimacy) are gender-based and minor clerical corrections
RULE 131
BURDEN OF PROOF, BURDEN OF EVIDENCE AND PRESUMPTIONS – cont.
REVISED RULES 2019 AMENDED RULES
(on EVIDENCE) (on EVIDENCE)
NO SIMILAR PROVISION Sec. 5. Presumption 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.
NO SIMILAR PROVISION Sec. 6. Presumption against an
accused in criminal cases. - If a
presumed fact that establishes
guilt is an element of the offense
charged, or negates a defense, the
existence of the basic fact must be
proved beyond reasonable doubt
and the presumed fact follows
from the basic fact beyond
reasonable doubt.
REMARKS
 Sec. 5 is a NEW SECTION.
 The amendment in Sec. 5 provides
that in all civil action and other
proceedings (otherwise provided for
by law or the Rules) a presumption
imposes on the party against whom
a presumption is directed the burden
of going forward with evidence to
rebut or meet the presumption.
 The second paragraph states that if
presumptions are inconsistent, the
weightier presumption shall apply.
 Also, if considerations of policy are
of equal weight, then neither
presumption applies.
 Sec. 6 is a NEW SECTION.
 The amendment provides that if a
presumed fact that establishes
guilt is an element of the offense
charged, then the existence of the
basic fact must be proved beyond
reasonable doubt and the
presumed fact follows from the
basic fact beyond reasonable
doubt.
 RULE 132
PRESENTATION OF EVIDENCE
REVISED RULES 2019 AMENDED RULES REMARKS
(on EVIDENCE) (on EVIDENCE)
NO SIMILAR PROVISION Sec. 12. Impeachment by evidence of  Sec. 12 is a NEW SECTION.
conviction of crime. - For the purpose of  The amendment provides that, for impeaching
impeaching a witness, evidence that he a witness, evidence that the witness has
or she has been convicted by final been convicted by final judgment of a crime
judgment of a crime shall be admitted if shall be admitted if: (1) the crime was
(a) the crime was punishable by a punishable by a penalty in excess of one
penalty in excess of one year; or (b) the year; or (2) the crime involved moral
crime involved moral turpitude, turpitude, regardless of the penalty.
regardless of the penalty.

However, evidence of a conviction is not  Evidence of a conviction is not admissible if

admissible if the conviction has been the the conviction has been the subject of an
subject of an amnesty or annulment of amnesty or annulment of conviction.
conviction.

NOTE1: No amendment in A. EXAMINATION OF WITNESSES, Sec. 1 (Examination to be done in open court), Sec. 4 (Order
in the examination of an individual witness), and Sec. 9 (Recalling witness), as well as in Sec. 17 (When part of transaction,
writing or record given in evidence) and Sec. 18 (Right to inspect writing shown to witness), except for the latter the re-
numbering of the said sections
NOTE2: The amendment in A. EXAMINATION OF WITNESSES, Sec. 2 (Proceedings to be recorded), Sec. 3 (Rights and
obligations of a witness), Sec. 5 (Direct examination), Sec. 6 (Cross-examination; its purpose and extent), Sec. 7 (Re-direct
examination; its purpose and extent), Sec. 8 (Re-cross examination), Sec. 10 (Leading and misleading questions), Sec. 11
(Impeachment of adverse party’s witness) and Sec. 16 (When witness may refer to memorandum), is gender-based, while for
Sec. 13 (Party may not impeach his or her own witness) and Sec. 14 (How witness impeached by evidence of inconsistent
statements), the amendments are gender-based, minor clerical errors or matters of style and the re-numbering of the said
sections
NOTE3: The old Sec. 14 (Evidence of good character of witness) was incorporated in the present Sec. 54, Rule 130
RULE 132
PRESENTATION OF EVIDENCE – cont.
REVISED RULES
(on EVIDENCE)
Sec. 15. Exclusion and
separation of witnesses. - On
any trial or hearing, the judge
may exclude from the court
any witness not at the time
under examination, so that he
may not hear the testimony of
the other witnesses. The
judge may also cause
witnesses to be separate and
to be prevented from
conversing with one another
until all shall have been
examined.
2019 AMENDED RULES
(on EVIDENCE)
Sec. 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 rules
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.
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.
REMARKS
 The first sentence almost completely
amends the entire first sentence of Sec.
15. It provides that the court, motu
proprio or upon motion, shall order
witnesses excluded so that they
cannot hear the testimony of other
witnesses.
 The second sentence is a new provision.
The amendment provides that the rule
on exclusion of witnesses does not
authorize exclusion of (1) a party who
is a natural person, (2) a duly
designated representative of a
juridical entity which is a party to the
case, (3) a person whose presence is
essential to the presentation of the
party’s cause, or (4) a person
authorized by statute to be present at
the trial or hearing.
 The second paragraph allows the court
to keep separate the witnesses and
prevent them to converse with one
another, directly or through
intermediaries, until all shall have been
examined
 RULE 132
PRESENTATION OF EVIDENCE – cont.

REVISED RULES 2019 AMENDED RULES REMARKS

(on EVIDENCE) (on EVIDENCE)
B. AUTHENTICATION AND B. AUTHENTICATION AND PROOF OF
PROOF OF DOCUMENTS DOCUMENTS
Sec. 19. Classes of documents. - Sec. 19. Classes of documents. - For the  There is no amendment in
For the purpose of their purpose of their presentation in the first paragraph of Sec.
presentation in evidence, evidence, documents are either public or 19.
documents are either public or private.  The amendment in the
private. second paragraph of Sec. 19,
Public documents are: involves the insertion of item
Public documents are: (a)xxx (c) wherein documents that
(a)xxx xxx xxx (b) xxx are considered public
(b) xxx xxx xxx and (c) Documents that are considered documents under treaties
(c) xxx xxx xxx public documents under treaties and and conventions which are
conventions which are in force in force between the
between the Philippines and the Philippines and the country
country of source; and of source are considered as
(d) xxx public documents.

All other writings are private. All other writings are private.  No amendment in the third
paragraph of Sec. 19.

NOTE1: No amendment in B. AUTHENTICATION AND PROOF OF DOCUMENTS, Sec. 21 (When evidence of authenticity
of private document), Sec. 23 (Public documents are evidence), Sec. 26 (Irremovability of public record), Sec. 27 (Public
record of a private document), Sec. 29 (How judicial record impeached), Sec. 30 (Proof of notarial documents), and Sec. 32
(Seal)
NOTE2: The amendments in B. AUTHENTICATION AND PROOF OF DOCUMENTS, Sec. 22 (How genuineness of
handwriting proved), Sec. 25 (What attestation of copy must state), Sec. 28 (Proof of lack of record), Sec. 31 (Alteration in
document, how to explain) and Sec. 33 (Documentary evidence in an unofficial language) are only gender-based.
RULE 132
PRESENTATION OF EVIDENCE – cont.

REVISED RULES 2019 AMENDED RULES REMARKS

(on EVIDENCE)
Sec. 20. Proof of private documents. -
Before any private document offered as
authentic is received in evidence, its due
execution and authenticity must be proved
either:
(a) By anyone who saw the document
executed or written; or
(b) By evidence of the genuineness of the
signature or handwriting of the maker.
(on EVIDENCE)
Sec. 20. Proof of private documents. - Before any  The amendment in Sec.20 pertains
private document offered as authentic is received in to the insertion of a third means to
evidence, its due execution and authenticity must be prove the due execution and
proved by any of the following means: authenticity of a private document,
(a) By anyone who saw the document executed or i.e., by other evidence showing its
written; due execution and authenticity.
(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 Any other private document need only be identified as  No amendment in the second
identified as that which it is claimed to be. that which it is claimed to be. paragraph of Sec. 20.

Sec. 24. Proof of official record. - The record
of public documents referred to in paragraph
(a) of Section 19, when admissible for any
purpose, may be evidenced by an official
publication thereof or by a copy attested by
the officer having the legal custody of the
record, or by his deputy, and accompanied,
if the record is not kept in the Philippines,
with a certificate that such officer has the
custody. If the office in which the record is
kept is in a foreign country, the certificate
may be made by a secretary of the embassy
or legation, consul general, consul, vice
consul or consular agent or by any officer in
the foreign service of the Philippines
stationed in the foreign country in which the
record is kept, and authenticated by the seal
of his office.
Sec. 24. Proof of official record. - The record of public
documents referred to in paragraph (a) of Section 19,
when admissible for any purpose, may be evidenced
by an official publication thereof or by a copy attested
by the officer 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 certificate
that such officer has the custody. If the office 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 certificate or its equivalent
shall be in the form prescribed by such treaty or
convention subject to reciprocity granted to
public documents originating from the
Philippines.
 The amendment in the first sentence
of Sec. 24 is only gender-based.
 Also, the amendment in the second
paragraph provides that the
certificate or its equivalent needed
with respect to a record kept 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 par. (c) of Sec. 19
hereof, the certificate or its
equivalent shall be in the form
prescribed by such treaty or
convention, subject to reciprocity
granted to public documents
originating from the Philippines.
RULE 132
PRESENTATION OF EVIDENCE – cont.
REVISED RULES 2019 AMENDED RULES
(on EVIDENCE) (on EVIDENCE)
Sec. 24. Proof of official record – cont.
For documents originating from a
foreign country which is not a
contracting party to a treaty or
convention referred to in the next
preceding sentence, the certificate may
be made by a secretary of the embassy or
legation, consul general, consul, vice-
consul, or consular agent or by any officer
in the foreign service of the Philippines
stationed in the foreign country in which
the record is kept, and authenticated by
the seal of his office.
A document that is accompanied by a
certificate or its equivalent may be
presented in evidence without further
proof, the certificate or its equivalent
being prima facie evidence of the due
execution and genuineness of the
document involved. The certificate 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.
REMARKS
 The preliminary sentence in the third paragraph
of Sec. 24 provides that for documents
originating from a foreign country which is
not a contracting party to a treaty or
convention, the certificate may be made by a
secretary of the embassy or legation, consul
general, consul, vice-consul or consular agent or
by any officer in the foreign service of the
Philippines stationed in the foreign country in
which the record is kept, and authenticated by
the seal of said official’s office
 The fourth paragraph is a new provision.
 The amendment provides that a document
already accompanied by a certificate or its
equivalent may be presented in evidence
without further proof, the certificate or its
equivalent being prima face evidence of the
due execution and genuineness of the
document involved.
 Also, a certificate shall not be required if the
treaty or convention between the Philippines
and a foreign country has abolished such
requirement or has exempted the document
itself from such formality.
 RULE 132
PRESENTATION OF EVIDENCE – cont.
REVISED RULES
(on EVIDENCE)
C. OFFER AND OBJECTION
Sec. 35. When to make offer. - As regards
the testimony of a witness, the offer must be
made at the time the witness is called to
testify.
Documentary and object evidence shall be
offered after the presentation of a party’s
testimonial evidence. Such offer shall be
done orally unless allowed by the court to
be done in writing.
Sec. 36. Objection. - Objection to evidence
offered orally must be made immediately
after the offer is made.
Objection to a question propounded in the
course of the oral examination of a witness
shall be made as soon as the grounds
therefor become reasonably apparent.
An offer of evidence in writing shall be
objected to within three (3) days after notice
unless a different period is allowed by the
court.
NOTE1: No amendment in C. OFFER AND OBJECTION, Sec. 34 (Offer of evidence), Sec. 38 (Ruling), and Sec. 40
(Tender of excluded evidence)
NOTE2: The amendment in C. OFFER AND OBJECTION, Sec. 37 (When repetition of objection unnecessary) is only
gender-based.
2019 AMENDED RULES
(on EVIDENCE)
C. OFFER AND OBJECTION
Sec. 35. When to make offer. - All evidence
must be offered orally.
The offer of the testimony of a witness in
evidence must be made at the time the
witness is called to testify.
The offer of documentary and object
evidence shall be made after the presentation
of a party’s testimonial evidence.
Sec. 36. Objection. - Objection to offer of
evidence must be made orally immediately
after the offer is made.
Objection to the testimony of a witness for
lack of a formal offer 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.
REMARKS
 The amendment in Sec. 35, for one, requires
all evidence to be offered orally.
 Also, the amendment gives emphasis on
when the testimony of a witness in
evidence should be offered, which is at the
time the witness is called to testify.
 As to the offer of documentary or object
evidence, this should be made after
presentation of a party’s testimonial
evidence.
 The amendment in Sec. 36 requires
objections to offer of evidence must be
made orally immediately after the offer is
made.
 Also, in the second paragraph, an objection
to a testimony of a witness for lack of a
formal offer must be made as soon as the
witness begins to testify.
 In addition, objection to a question
propounded during the trial must be made
as soon as the grounds therefor become
reasonably apparent.
 Further, no more offer of evidence in
writing is allowed as the third paragraph of
Sec. 36 was DELETED.
RULE 132
PRESENTATION OF EVIDENCE – cont.
REVISED RULES
(on EVIDENCE)
Sec. 39. Striking out answer. -
Should a witness answer the
question before the adverse party
had the opportunity to voice fully its
objection to the same, and such
objection is found to be meritorious,
the court shall sustain the objection
and order the answer given 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.
2019 AMENDED RULES
(on EVIDENCE)
Sec. 39. Striking out 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 testifies without
a questions being posed or
testifies 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.
REMARKS
 The amendment in Sec. 39
provides that should a witness
answer the question before this
was objected to, or where a
question is not objectionable
but the answer is not
responsive, or where a
witness testifies without
questions being posed or
testifies beyond the limits set
by the court, or when the
witness does a narration
instead of answering the
question, and the 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.
 There is no amendment in the
second paragraph.
 RULE 133
WEIGHT AND SUFFICIENCY OF EVIDENCE
REVISED RULES 2019 AMENDED RULES
(on EVIDENCE) (on EVIDENCE)
Sec. 4. Circumstantial evidence, when Sec. 4. Circumstantial evidence, when sufficient. -
sufficient. - Circumstantial evidence is Circumstantial evidence is sufficient for conviction if:
sufficient for conviction if: (a) There is more than one circumstance;
(a) There is more than one (b) The facts from which the inferences are derived
circumstance; are proven; and
(b) The facts from which the inferences (c) The combination of all the circumstances is such
are derived are proven; and as to produce a conviction beyond reasonable
(c) The combination of all the doubt.
circumstances is such as to produce a Inferences cannot be based on other inferences
conviction beyond reasonable doubt.
NO SIMILAR PROVISION Sec. 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 sufficient
facts or data;
(b) Whether it is the product of reliable
principles and methods;
(c) Whether the witness has applied the
principles and methods reliably to the facts of
the case; and
(d) Such other factors as the court may deem
helpful to make such determination
REMARKS
 There is no amendment in the first paragraph
of Sec. 4.
 The amendment in the second paragraph,
which is a new provision, stresses that
inferences cannot be based on other
inferences.
 Sec. 5 is a NEW SECTION.
 The amendment provides, among others,
that 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.
 Also, the court, in exercising such
discretion, may consider the following: (a)
whether the opinion is based on
sufficient facts or data; (b) whether the
opinion 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 helpful factors.

NOTE1: The amendments in Sec. 1 (Preponderance of evidence, how determined) and Sec. 2 (Proof beyond reasonable
doubt) are only gender-based, while in Sec. 7 (Power of the court to stop further evidence) it is to emphasize that the power to
stop further evidence should be exercised with caution and for the re-numbering of the said section
NOTE2: No amendment in Sec. 3 (Extrajudicial confession, not sufficient ground for conviction), while no amendment as well
in Sec. 6 (Substantial evidence) and Sec. 8. (Evidence on motion), except the re-numbering of the said sections
 END OF THE
PRESENTATION.
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