MESSAGE
Rules of Civil Procedure Rules on Evidence
.
Rules of Civil Procedure Rules on Evidence
vis-à-vis
Chieff JJustice
ustice
MESSAGE
En Banc
Associate Justice
Member, Committee on the Revision
of the Rules of Court
Vice Chair, Subcommittee on the Revision
of the 1997 Rules of Civil Procedure
MESSAGE
PHILJA Chancellor
Contents
Message of Chief Justice Diosdado M. Peralta iii
Message of Associate Justice Alexander G. Gesmundo iv
Message of PHILJA Chancellor Justice Adolfo S. Azcuna v
1
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1989 R
1 R E
How long did the process of amendment take? Who initiated this?
Revised Rules on Evidence
Revised
Rules on Evidence 1997 Rules of Civil Procedure
En Banc
What are the signi icant changes?
Revised Rules on Evidence
Apostille
How would this help the public and the administration of justice?
Did we base it from other rules in other jurisdictions?
Revised Rules on Evidence
Why did we have to amend or draft new rules?
Do the amendments draw from the success of other changes in the rules of procedure?
(such as the Rule on Small Claims Cases and the Revised Guidelines for Continuous
Trial in Criminal Cases)
Revised Rules on Evidence 1997 Rules of Civil Procedure
Any message to lawyers, judges, litigants in light of these changes? (if we were to look
back at the Continuous Trial, there were a lot of resistance and complaints)
Can we expect more amendments or new rules from the Peralta Court?
Revised Rules on Criminal Procedure Revised Rules of Procedure for Intellectual Property
Rights Cases. Rules of Procedure for
Admiralty Cases
Are the amendments easy to understand and implement?
Revised Guidelines for Continuous Trial in Criminal Cases
2
2019 A
2 1989 R R
E (A.M. N . 19-08-15-SC)1
Evidence defined.
Scope
Admissibility of evidence.
Relevancy; collateral matters.
Judicial notice, when mandatory
Judicial notice, when discretionary
Judicial notice, when hearing necessary. motu
proprio
motu proprio
Judicial admissions.
Object as evidence
Documentary evidence
Original document must be produced; exceptions.
Original of document
When original document is unavailable.
When original document is in adverse party’s custody or control
Summaries.
Evidence admissible when original document is a public record
Party who calls for document not bound to o er it
Evidence of written agreements
Interpretation of a writing according to its legal meaning
Instrument construed so as to give e ect to all provisions
Interpretation according to intention; general and particular provisions.
Interpretation according to circumstances
Peculiar signification of terms
Written words control printed
Experts and interpreters to be used in explaining certain writings
Of two constructions, which preferred
Construction in favor of natural right
Interpretation according to usage.
Witnesses; their qualifications.
Disqualification by reason of mental incapacity or immaturity.
Testimony confined to personal knowledge.
Disqualification by reason of marriage.
Disqualification by reason of privileged communication[s]
Furtherance of crime or fraud
Claimants through same deceased client.
inter vivos
Breach of duty by lawyer or client.
Document attested by the lawyer.
Joint clients.
Parental and filial privilege.
. Privilege relating to trade secrets.
Admission of a party.
O er of compromise not admissible.
Admission by third party.
Admission by co-partner or agent.
Admission by conspirator.
Admission by privies
Admission by silence.
Confession.
Similar acts as evidence.
Unaccepted o er.
Testimony generally confined to personal knowledge; hearsay excluded.
Testimony confined to personal knowledge.
Hearsay.
Dying declaration.
Statement of decedent or person of unsound mind.
Declaration against interest
Act or declaration about pedigree.
Family reputation or tradition regarding pedigree.
Common reputation.
Part of the res gestae.
res
gestae
res gestae
Records of regularly conducted business activity.
Entries in o cial records.
prima facie
Commercial lists and the like.
Learned treatises.
Testimony or deposition at a former proceeding
Residual exception.
General rule
Opinion of expert witness
Opinion of ordinary witnesses
Character evidence not generally admissible; exceptions.
Burden of proof and burden of evidence
prima facie
Conclusive presumptions.
Disputable presumptions
No presumption of legitimacy or illegitimacy.
Presumptions in civil actions and proceedings.
Presumption against an accused in criminal cases.
Examination to be done in open court.
Proceedings to be recorded
prima facie
Rights and obligations of a witness
Order in the examination of an individual witness.
Direct examination
Cross-examination; its purpose and extent.
Re-direct examination; its purpose and extent.
Re-cross[-]examination
. Recalling witness.
Leading and misleading questions.
Impeachment of adverse party’s witness.
Impeachment by evidence of conviction of crime
Party may not impeach his or her own witness.
How witness impeached by evidence of inconsistent statements.
Evidence of good character of witness.
Exclusion and separation of witnesses. motu proprio
When witness may refer to memorandum.
When part of transaction, writing or record given in evidence, the remainder admissible.
Right to inspect writing shown to witness.
Classes of documents.
Proof of private document[s].
When evidence of authenticity of private document not necessary.
How genuineness of handwriting proved.
Public documents as evidence
prima facie
Proof of o cial record
prima facie
What attestation of copy must state.
Irremovability of public record
Public record of a private document.
Proof of lack of record.
How judicial record impeached
Proof of notarial documents
prima facie
Alteration in document, how to explain.
Seal.
Documentary evidence in an uno cial language.
. O er of evidence
When to make o er
Objection
When repetition of objection unnecessary.
Ruling.
Striking out [of] answer
Tender of excluded evidence.
Preponderance of evidence, how determined
Proof beyond reasonable doubt
Extrajudicial confession, not su cient ground for conviction
corpus delicti
Circumstantial evidence, when su cient.
Weight to be given opinion of expert witness, how determined.
Substantial evidence
Power of the court to stop further evidence
Evidence on motion
3
C T 1989 R R
E 2019 A
Evidence defined. Evidence defined.
Scope. Scope.
Admissibility of evidence. Admissibility of evidence.
Relevancy; collateral matters. Relevancy; collateral matters.
Judicial notice, when mandatory Judicial notice, when mandatory
Judicial notice, when discretionary Judicial notice, when discretionary
Judicial notice, when hearing Judicial notice, when hearing
necessary necessary.
motu proprio
motu proprio
Judicial admissions Judicial admissions.
Object as evidence. Object as evidence.
Documentary evidence. Documentary evidence
Original document must be Original document must be
produced; exceptions produced; exceptions.
Original of document Original of document
When original document is When original document is
unavailable unavailable
When original document is in When original document is in
adverse party’s custody or control adverse party’s custody or control
Summaries.
Evidence admissible when original Evidence admissible when original
document is a public record document is a public record
Party who calls for document not Party who calls for document not
bound to o er it bound to o er it
Evidence of written agreements Evidence of written agreements
Interpretation of a writing Interpretation of a writing
according to its legal meaning according to its legal meaning
Instrument construed so as to give Instrument construed so as to give
e ect to all provisions e ect to all provisions
Interpretation according to Interpretation according to
intention general and particular provisions intention general and particular provisions
Interpretation according to Interpretation according to
circumstances circumstances
Peculiar signification of terms Peculiar signification of terms
Written words control printed Written words control printed
Experts and interpreters to be Experts and interpreters to be
used in explaining certain writings used in explaining certain writings
Of two constructions, which Of two constructions, which
preferred preferred
Construction in favor of natural Construction in favor of natural
right right
Interpretation according to Interpretation according to
usage usage.
Witnesses their qualifications Witnesses; their qualifications.
Disqualification by reason of . Disqualification by reason of
mental incapacity or immaturity. mental incapacity or immaturity.
Testimony generally Testimony confined to personal
confined to personal knowledge hearsay knowledge.
excluded
Disqualification by reason of Disqualification by reason of
marriage marriage.
Disqualification by reason of
death or insanity of adverse party.
Disqualification by reason Disqualification by reason of privileged
of privileged communication communication[s ].
Furtherance of crime or fraud
Claimants through same deceased client.
inter
vivos
Breach of duty by lawyer or client.
Document attested by the lawyer.
Joint clients.
Continued from Disqualification by reason of privileged Continued from Disqualification by reason of privileged
communications communications
Parental and filial privilege Parental and filial privilege.
. Privilege relating to trade secrets.
Admission of a party Admission of a party.
Offer of compromise not Offer of compromise not
admissible admissible.
Admission by third party Admission by third party.
Admission by co-partner or agent Admission by co-partner or agent.
Admission by conspirator Admission by conspirator.
Admission by privies Admission by privies
Admission by silence Admission by silence.
Confession Confession.
Similar acts as evidence. Similar acts as evidence.
Unaccepted o er Unaccepted o er.
Testimony generally confined
to personal knowledge; hearsay excluded
Testimony confined
to personal knowledge
Hearsay.
Dying declaration Dying declaration.
Disqualification by reason Statement of decedent or person
of death or insanity of adverse party. of unsound mind.
Declaration against interest Declaration against interest
Act or declaration about pedigree Act or declaration about pedigree.
Family reputation or tradition Family reputation or tradition
regarding pedigree regarding pedigree.
Common reputation Common reputation.
Part of the res gestae Part of the res gestae.
res gestae
res gestae
res gestae
res gestae
Entries in the course of business Records of regularly conducted
business activity.
prima facie
Entries in o cial records Entries in o cial records.
prima facie prima facie
Commercial lists and the like Commercial lists and the like
Learned treatises Learned treatises.
Testimony or deposition at a former Testimony or deposition at a former
proceeding proceeding
Residual exception.
General rule General rule
Opinion of expert witness Opinion of expert witness
Opinion of ordinary witnesses Opinion of ordinary witnesses
Character evidence not generally Character evidence not generally admissible
admissible; exceptions: exceptions
Burden of proof Burden of proof and burden of
evidence
prima facie
Conclusive presumptions Conclusive presumptions.
Disputable presumptions Disputable presumptions
Continued from Disputable presumptions. Continued from Disputable presumptions.
Continued from Disputable presumptions. Continued from Disputable presumptions.
Continued from Disputable presumptions. Continued from Disputable presumptions.
Continued from Disputable presumptions. Continued from Disputable presumptions.
Continued from Disputable presumptions. Continued from Disputable presumptions.
No presumption of legitimacy or No presumption of legitimacy or
illegitimacy illegitimacy.
Presumptions in civil actions and
proceedings.
Presumption against an accused
in criminal cases.
Examination to be done in open Examination to be done in open
court court
Proceedings to be recorded Proceedings to be recorded
prima facie prima facie
Rights and obligations of a witness Rights and obligations of a witness
Order in the examination of an Order in the examination of an
individual witness individual witness
Direct examination Direct examination
Cross-examination its purpose Cross-examination; its purpose
and extent and extent.
Re-direct examination its purpose Re-direct examination; its purpose
and extent and extent.
Re-cross-examination Re-cross[-]examination
Recalling witness Recalling witness
Leading and misleading Leading and misleading
questions questions.
Impeachment of adverse party’s Impeachment of adverse party’s
witness witness.
Impeachment by evidence of
conviction of crime
Party may not impeach his own Party may not impeach his or
witness her own witness.
How witness impeached by How witness impeached by
evidence of inconsistent statements evidence of inconsistent statements.
Evidence of good character of Evidence of good character
witness of witness.
Exclusion and separation of Exclusion and separation of
witnesses witnesses. motu proprio
When witness may refer to When witness may refer to
memorandum memorandum.
When part of transaction, When part of transaction,
writing or record given in evidence, the writing or record given in evidence, the
remainder admissible remainder admissible
Right to inspect writing shown Right to inspect writing shown
to witness to witness
Classes of documents Classes of documents.
Proof of private document Proof of private document[s ].
When evidence of authenticity of When evidence of authenticity
private document not necessary of private document not necessary
How genuineness of handwriting How genuineness of handwriting
proved proved.
Public documents as evidence. Public documents as evidence.
prima facie prima facie
Proof of o cial record Proof of o cial record
prima
facie
What attestation of copy must What attestation of copy must
state state.
Irremovability of public record Irremovability of public record
Public record of a private Public record of a private
document document
Proof of lack of record Proof of lack of record.
How judicial record impeached How judicial record impeached
Proof of notarial documents Proof of notarial documents
prima facie prima facie
Alterations in document, how to Alteration in document, how to
explain explain.
Seal Seal
Documentary evidence in an Documentary evidence in an
uno cial language uno cial language
O er of evidence. O er of evidence.
When to make o er When to make offer
Objection Objection
When repetition of objection When repetition of objection
unnecessary unnecessary.
Ruling Ruling
Striking out answer Striking out [ of ] answer
Tender of excluded evidence. Tender of excluded evidence.
Preponderance of evidence, how Preponderance of evidence, how
determined determined
Proof beyond reasonable doubt Proof beyond reasonable doubt
Extrajudicial confession, not Extrajudicial confession, not
su cient ground for conviction su cient ground for conviction
corpus corpus
delicti delicti
Circumstantial evidence, when Circumstantial evidence, when
su cient su cient
Weight to be given opinion of expert
witness, how determined.
Substantial evidence. Substantial evidence.
Power of the court to stop Power of the court to stop
further evidence further evidence
Evidence on motion Evidence on motion
