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
 P 2019 A
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
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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