A.M. No.

19-08-15-SC
2019 PROPOSED AMENDMENTS TO THE REVISED RULES ON EVIDENCE

RULE 128

GENERAL PROVISIONS

Section 1. Evidence defined. - Evidence is the means, sanctioned by these rules, of ascertaining in a
judicial proceeding the truth respecting a matter of fact. (1)

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

Section 3. Admissibility of evidence. - Evidence is admissible when it is relevant to the issue and not
excluded by the Constitution, the law or these Rules. (3a)
Section 4. Relevancy; collateral matters. - Evidence must have such a relation to the fact in issue as to
induce belief in its existence or non-existence. Evidence on collateral matters shall not be allowed,
except when it tends in any reasonable degree to establish the probability or improbability of the fact
in issue.

RULE 129
WHAT NEED NOT BE PROVED

Section 1. Judicial notice, when mandatory. - A court shall take judicial notice, without the introduction
of evidence, of the existence and territorial extent of states, their political history, forms of government
and symbols of nationality, the law of nations, the admiralty and maritime courts of the world and
their seals, the political constitution and history of the Philippines, 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. (1a)
Section 2. Judicial notice, when discretionary. - A court may take judicial notice of matters which are
of public knowledge, or are capable of unquestionable demonstration, or ought to be known to judges
because of their judicial functions.
Section 3. Judicial notice, when hearing necessary. - During the pre-trial and the trial, the court, motu
proprio or upon motion, shall hear the parties on the propriety of taking judicial notice of any matter.

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

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

A. OBJECT (REAL) EVIDENCE

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

B. DOCUMENTARY EVIDENCE

Section 2. Documentary evidence. - Documents as evidence consist of

writings, recordings, photographs or any material containing letters, words, sounds, numbers, figures,
symbols, or their equivalent, or other modes of written expression offered as proof of their
contents. Photographs include still pictures, drawings, stored images, x-ray films, motion pictures or
videos. (2a)

1. Original Document Rule

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

(a) When the original is lost or destroyed, or cannot be produced in court, without bad faith on the
part of the 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) When the original consists of numerous accounts or other documents which cannot be examined
in court without great loss of time and the fact sought to be established from them is only the general
result of the whole;

(d) When the original is a public record in the custody of a public officer or is recorded in a public office;
and
(e) When the original is not closely-related to a controlling issue. (3a)

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

(c) A duplicate is admissible to the same extent as an original unless (1) a genuine question is raised as
to the authenticity of the original, or (2) in the circumstances, it is unjust or inequitable to admit the
duplicate in lieu of the original. (4a)
 2. Secondary Evidence
Section 5. When original document is unavailable. - When the original document has been lost or
destroyed, or cannot be produced in court, the offeror, upon proof of its execution or existence and
the cause of its unavailability without bad faith on his or her part, may prove its contents by a copy, or
by recital of its contents in some authentic document, or by the testimony of witnesses in the order
stated. (5a)

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

Section 7. Summaries. - When the contents of documents, records, photographs, or numerous

accounts are voluminous and cannot be examined in court without great loss of time, and the fact
sought to be established is only the general result of the whole, the contents of such evidence may be
presented in the form of a chart, summary, or calculation.

The originals shall be available for examination or copying, or both, by the adverse party at a
reasonable time and place. The court may order that they be produced in court. (n)
Section 8. Evidence admissible when original document is a public record. — When the original of a
document is in the custody of a public officer or is recorded in a public office, its contents may be
proved by a certified copy issued by the public officer in custody thereof. (7)
Section 9. Party who calls for document not bound to offer it. — A party who calls for the production
of a document and inspects the same is not obliged to offer it as evidence. (8)

3. Parol Evidence Rule

Section 10. Evidence of written agreements. — When the terms of an agreement have been reduced
to writing, it is considered as containing all the terms agreed upon and there can be, as between the
parties and their successors in interest, no evidence of such terms other than the contents of the
written agreement.

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

(a) An intrinsic ambiguity, mistake or imperfection in the written agreement;

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

(c) The validity of the written agreement; or

(d) The existence of other terms agreed to by the parties or their successors in interest after the
execution of the written agreement.

The term "agreement" includes wills. (9a)

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

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

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

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

Section 15. Peculiar signification of terms. — The terms of a writing are presumed to have been used
in their primary and general acceptation, but evidence is admissible to show that they have a local,
technical, or otherwise peculiar signification, and were so used and understood in the particular
instance, in which case the agreement must be construed accordingly. (14)
Section 16. Written words control printed. — When an instrument consists partly of written words and
partly of a printed form, and the two are inconsistent, the former controls the latter. (15)

Section 17. Experts and interpreters to be used in explaining certain writings. — When the characters
in which an instrument is written are difficult to be deciphered, or the language is not understood by
the court, the evidence of persons skilled in deciphering the characters, or who understand the
language, is admissible to declare the characters or the meaning of the language. (16)
Section 18. Of two constructions, which preferred. — When the terms of an agreement have been
intended in a different sense by the different parties to it, that sense is to prevail against either party
in which he or she supposed the other understood it, and when different constructions of a provision
are otherwise equally proper, that is to be taken which is the most favorable to the party in whose
favor the provision was made. (17a)

Section 19. Construction in favor of natural right. — When an instrument is equally susceptible of two
interpretations, one in favor of natural right and the other against it, the former is to be adopted. (18)
Section 20. Interpretation according to usage. — An instrument may be construed according to usage,
in order to determine its true character. (19)
 C. TESTIMONIAL EVIDENCE
1. Qualification of Witnesses

Section 21. Witnesses; their qualifications. - All persons who can perceive, and perceiving, can make
known their perception to others, may be witnesses. (20a)

Religious or political belief, interest in the outcome of the case, or conviction of a crime, unless
otherwise provided by law, shall not be a ground for disqualification.

[Section 21. Disqualification by reason of mental incapacity or immaturity. (Deleted)]

Section 22. Testimony confined to personal knowledge. - A witness can testify only to those facts which
he or she knows of his or her personal knowledge; that is, which are derived from his or her own
perception. (36a)

Section 23. Disqualification by reason of marriage. - During their marriage, the husband or the
wife cannot testify against the other without the consent of the affected spouse, except in a civil case
by one against the other, or in a criminal case for a crime committed by one against the other or the
latter's direct descendants or ascendants. (22a)
Section 24. Disqualification by reason of privileged communications. - The following persons cannot
testify as to matters learned in confidence in the following cases:

(a) The husband or the wife, during or after the marriage, cannot be examined without the consent of
the other as to any communication received in confidence by one from the other during the marriage
except in a civil case by one against the other, or in a criminal case for a crime committed by one against
the other or the latter's direct descendants or ascendants.
(b) An attorney or person reasonably believed bv the client to be licensed to engage in the practice of
law cannot, without the consent of the client, be examined as to any communication made by the
client to him or her, or his or her advice given thereon in the course of, or with a view to, professional
employment, nor can an attorney's secretary, stenographer, or clerk, or other persons assisting the
attorney be examined without the consent of the client and his or her employer, concerning any fact
the knowledge of which has been acquired in such capacity, except in the following cases

(i) Furtherance of crime or fraud. If the services or advice of the lawyer were sought or obtained to
enable or aid anyone to commit or plan to commit what the client knew or reasonably should have
known to be a crime or fraud;

(ii) Claimants through same deceased client. As to a communication relevant to an issue between
parties who claim through the same deceased client, regardless of whether the claims are by testate
or intestate or by inter vivos transaction;

(iii) Breach of duty by lawyer or client. As to a communication relevant to an issue of breach of duty by
the lawyer to his or her client, or by the client to his or her lawyer;

(iv) Document attested by the lawyer. As to a communication relevant to an issue concerning an

attested document to which the lawyer is an attesting witness; or
(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.
(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 addiction, between the
patient and his or her physician or psychotherapist. This privilege also applies to persons, including
members of the patient's family, who have participated in the diagnosis or treatment of the patient
under the direction of the physician or psychotherapist.

A "psychotherapist" is:
(a) A person licensed to practice medicine engaged in the diagnosis or treatment of a mental or
emotional condition, or

(b) A person licensed as a psychologist by the government while similarly engaged.

(d) A minister, priest or person reasonably believed to be so cannot, without the consent of the
affected person, be examined as to any communication or confession made to or any advice given by
him or her, in his or her professional character, in the course of discipline enjoined by the church to
which the minister or priest belongs.

(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 remain privileged, even in the hands of a third person who may
have obtained the information, provided that the original parties to the communication took
reasonable precaution to protect its confidentiality. (24a)

2. Testimonial Privilege

Section 25. Parental and filial privilege. - No person shall be compelled to testify against his or
her parents, other direct ascendants, children or other direct descendants, except when such
testimony is indispensable in a crime against that person or by one parent against the other. (25a)
Section 26. Privilege relating to trade secrets. - A person cannot be compelled to testify about any
trade secret, unless the non-disclosure will conceal fraud or otherwise work injustice. When disclosure
is directed, the court shall take such protective measure as the interest of the owner of the trade secret
and of the parties and the furtherance of justice may require. (n)

3. Admissions and Confessions

Section 27. Admission of a party. — The act, declaration or omission of a party as to a relevant fact
may be given in evidence against him or her. (26a)
Section 28. Offer of compromise not admissible. - In civil cases, an offer of compromise is not an
admission of any liability, and is not admissible in evidence against the offeror. Neither is evidence of
conduct nor statements made in compromise negotiations admissible, except evidence otherwise
discoverable or offered for another purpose, such as proving bias or prejudice of a witness, negativing
a contention of undue delay, or proving an effort to obstruct a criminal investigation or prosecution.
In criminal cases, except those involving quasi-offenses (criminal negligence) or those allowed by law
to be compromised, an offer of compromise by the accused may be received in evidence as an implied
admission of guilt.
A plea of guilty later withdrawn or an unaccepted offer of a plea of guilty to a lesser offense is not
admissible in evidence against the accused who made the plea or offer. Neither is any statement made
in the course of plea bargaining with the prosecution, which does not result in a plea of guilty or which
results in a plea of guilty later withdrawn, admissible.

An offer to pay, or the payment of medical, hospital or other expenses occasioned by an injury, is not
admissible in evidence as proof of civil or criminal liability for the injury. (27a)

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

Section 30. Admission by co-partner or agent. - The act or declaration of a partner or

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

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

Section 32. Admission by privies. - Where one derives title to property from another, the latter's act,
declaration, or omission, in relation to the property, is evidence against the former if done while the
latter was holding the title. (31a)

Section 33. Admission by silence. - An act or declaration made in the presence and within the hearing
or observation of a party who does or says nothing when the act or declaration is such as naturally to
call for action or comment if not true, and when proper and possible for him or her to do so, may be
given in evidence against him or her. (32a)

Section 34. Confession. - The declaration of an accused acknowledging his or her guilt of the offense
charged, or of any offense necessarily included therein, may be given in evidence against him or her.

4. Previous Conduct As Evidence

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

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

[Sec. 36. Testimony generally confined to personal knowledge; hearsay excluded. (Transposed to Sec.
22. Testimony confined to personal knowledge.)]
 5. Hearsay
Section 37. Hearsay. -Hearsay is a statement other than one made by the declarant while testifying at
a trial or hearing, 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. (n)

6. Exceptions To The Hearsay Rule

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

Section 39. Statement of decedent or person of unsound mind. - In an action against an executor or
administrator or other representative of a deceased person, or against a person of unsound mind,
upon a claim or demand against the estate of such deceased person or against such person of unsound
mind, where a party or assignor of a party or a person in whose behalf a case is prosecuted testifies
on a matter of fact occurring before the death of the deceased person or before the person became
of unsound mind, any statement of the deceased or the person of unsound mind, may be received in
evidence if the statement was made upon the personal knowledge of the deceased or the person of
unsound mind at a time when the matter had been recently perceived by him or her and while his or
her recollection was clear. Such statement, however, is inadmissible if made under circumstances
indicating its lack of trustworthiness. (23a)
Section 40. Declaration against interest. — The declaration made by a person deceased or unable to
testify against the interest of the declarant, if the fact asserted in the declaration was at the time it
was made so far contrary to the declarant's own interest that a reasonable person in his or
her position would not have made the declaration unless he or she believed it to be true, may be
received in evidence against himself or herself or his or her successors in interest and against third
persons. A statement tending to expose the declarant to criminal liability and offered to exculpate the
accused is not admissible unless corroborating circumstances clearly indicate the trustworthiness of
the statement. (38a)

Section 41. Act or declaration about pedigree. - The act or declaration of a person deceased or unable
to testify, in respect to the pedigree of another person related to him or her by birth, adoption, or
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. (39a)
Section 42. Family reputation or tradition regarding pedigree. — The reputation or tradition existing
in a family previous to the controversy, in respect to the pedigree of any one of its members, may be
received in evidence if the witness testifying thereon be also a member of the family, either by
consanguinity, 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. (40a)

Section 43. Common reputation. — Common reputation existing previous to the controversy, as to
boundaries of or customs affecting lands in the community and reputation as to events of general
history important to the community, or respecting marriage or moral character, may be given in
evidence. Monuments and inscriptions in public places may be received as evidence of common
reputation. (41a)

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

Section 45. Records of regularly conducted business activity. - A memorandum, report, record or data
compilation of acts, events, conditions, opinions, or diagnoses, made by writing, typing, electronic,
optical or other similar means at or near the time of or from transmission or supply of information by
a person with knowledge thereof, and kept in the regular course or conduct of a business activity, and
such was the regular practice to make the memorandum, report, record, or data compilation by
electronic, optical or similar means, all of which are shown by the testimony of the custodian or other
qualified witnesses, is excepted from the rule on hearsay evidence. (43a)
Section 46. Entries in official records. - Entries in official records made in the performance of his or
her duty by a public officer of the Philippines, or by a person in the performance of a duty specially
enjoined by law, are prima facie evidence of the facts therein stated. (44a)

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

Section 48. Learned treatises. — A published treatise, periodical or pamphlet on a subject of history,
law, science, or art is admissible as tending to prove the truth of a matter stated therein if the court
takes judicial notice, or a witness expert in the subject testifies, that the writer of the statement in the
treatise, periodical or pamphlet is recognized in his or her profession or calling as expert in the subject.
(46a)

Section 49. Testimony or deposition at a former proceeding. - The testimony or deposition of a witness
deceased or out of the Philippines or who cannot, with due diligence, be found therein, or is
unavailable or otherwise unable to testify, given in a former case or proceeding, judicial or
administrative, involving the same parties and subject matter, may be given in evidence against the
adverse party who had the opportunity to cross-examine him or her. (47a)

Section 50. Residual exception. - A statement not 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 bv 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. (n)

7. Opinion Rule

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

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

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

(a) The identity of a person about whom he or she has adequate knowledge;

(b) A handwriting with which he or she has sufficient familiarity; and

(c) The mental sanity of a person with whom he or she is sufficiently acquainted.

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

8. Character Evidence
Section 54. Character evidence not generally admissible; exceptions. — Evidence of a person's
character or a trait of character is not admissible for the purpose of proving action in conformity
therewith on a particular occasion, except:
(a) In Criminal Cases:

(1) The character of the 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.ℒαwρhi৷ However, the prosecution may not prove his or her bad moral character
unless on rebuttal.

(b) In Civil Cases:

Evidence of the moral character of a party in a civil case is admissible only when pertinent to the issue
of character involved in the case.

(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. (51a; 14, Rule 132)