Rules on Evidence - Rules of Court (2019)

PDF
Word
Notes New
Overview Full Text
Details
Case Agency Issuance Number Published Date

Rules on Evidence - Rules of Court (2019)

A.M. NO. 19-08-15-SC

October 8, 2019

Case Overview and Summary

Summary of the 2019 Amendments to the 1989 Revised Rules on Evidence

Evidence Defined and Scope (Sections 1-2)
• Evidence is the means to ascertain facts in judicial proceedings, governed by these Rules.
• The Rules apply in all courts and trials, unless otherwise provided by law.

Admissibility of Evidence (Sections 3-4)
• Evidence is admissible if relevant and not excluded by law.
• Evidence must relate to the fact in issue and induce belief in its existence or non-existence.

Judicial Notice (Sections 1-3)
• Courts must take judicial notice of certain facts without evidence, e.g., laws, government acts, natural laws.
• Courts may take judicial notice of public knowledge or demonstrable facts.
• Courts must hear parties on propriety of taking judicial notice if decisive to the case.

Judicial Admissions (Section 4)
• A party's act, declaration or omission as to a relevant fact is admissible against them, unless made by mistake.

Object (Real) Evidence (Section 1)
• Objects relevant to the fact in issue may be exhibited, examined or viewed by the court.

Documentary Evidence (Sections 2-20)
• Defined as writings, recordings, photographs or other material containing expressions.
• Original document must be produced, with exceptions for lost, unavailable or voluminous documents.
• Secondary evidence like copies or testimony allowed if original is unavailable without bad faith.
• Summaries allowed for voluminous documents if originals are available for inspection.
• Parol evidence rule: if terms are in writing, no other evidence is allowed, with exceptions.
• Rules for interpretation of documents based on intention, circumstances, technical terms, etc.

Testimonial Evidence (Sections 21-54)
• Qualification of witnesses: all who can perceive and communicate, unless disqualified.
• Testimony confined to personal knowledge, with exceptions for opinion and character evidence.
• Spousal and other privileged communications are disqualified as evidence.
• Parental, filial and trade secret privileges recognized.
• Admissions by a party, co-partner, agent, conspirator or privies are admissible.
• Admissions by silence when a response is expected are admissible.
• Confessions by the accused acknowledging guilt are admissible.
• Similar acts as evidence allowed to prove intent, identity, plan, habit, etc.
• Hearsay is inadmissible, with exceptions like dying declarations, statements against interest, etc.
• Opinion evidence from experts and ordinary witnesses allowed in certain cases.
• Character evidence generally inadmissible, with exceptions in criminal and civil cases.
• Procedures for impeachment of witnesses and evidence of prior convictions.

Burden of Proof and Presumptions (Sections 1-6)
• Burden of proof is on the party to establish their claim by required evidence.
• Conclusive and disputable presumptions listed, e.g., innocence, ordinary care, regularity.
• In civil cases, preponderance of evidence required. In criminal cases, proof beyond reasonable doubt.
• Extrajudicial confessions insufficient for conviction without corroboration.
• Circumstantial evidence sufficient if multiple circumstances produce conviction beyond doubt.
• Substantial evidence required in administrative cases.

Examination of Witnesses (Sections 1-18)
• Examination in open court, under oath, with proceedings recorded.
• Order of examination: direct, cross, re-direct, re-cross, with court discretion on recalling.
• Leading questions prohibited, except in certain cases like hostile witnesses.
• Procedures for impeachment of witnesses and evidence of prior convictions.
• Witnesses may refresh memory from writings if made when facts were fresh.
• Remainder of writings/conversations allowed if part is given as evidence.

Authentication and Proof of Documents (Sections 19-33)
• Documents classified as public (official acts, notarized, treaties, public records) or private.
• Procedures for proving private documents through witness, handwriting, other evidence.
• Ancient documents self-authenticating if meeting certain conditions.
• Procedures for proving public documents like official records and publications.
• Judicial records may be impeached for lack of jurisdiction, collusion or fraud.
• Procedures for explaining alterations in documents.
• Translations required for documents in unofficial languages.

Amends

n/a

Amended by

n/a

Tags

Rules

evidence

rules of evidence

admissibility of evidence

hearsay

witness examination

documentary evidence

authentication

burden of proof

presumptions

expert witness

opinion evidence

character evidence

impeachment

judicial notice

privileged communications

confessions

admissions

res gestae

business records

public records

official records

parol evidence rule

interpretation of documents

Law

Rules on Evidence - Rules of Court (2019)

A.M. NO. 19-08-15-SC

October 8, 2019

October 8, 2019 2019 AMENDMENTS TO THE 1989 REVISED RULES ON EVIDENCE (A.M. NO. 19-08-15-SC) RULE 128 General Provisions SECTION 1. Evidence Defined. — Evidence is the means, sanctioned by these [R]ules, 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 [R]ules. (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. (4) 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...
Login to see full content
Rules on Evidence - Rules of Court (2019)

Amends

n/a

Amended by

n/a

Tags

Rules

evidence

rules of evidence

admissibility of evidence

hearsay

witness examination

documentary evidence

authentication

burden of proof

presumptions

expert witness

opinion evidence

character evidence

impeachment

judicial notice

privileged communications

confessions

admissions

res gestae

business records

public records

official records

parol evidence rule

interpretation of documents

October 8, 2019 2019 AMENDMENTS TO THE 1989 REVISED RULES ON EVIDENCE (A.M. NO. 19-08-15-SC) RULE 128 General Provisions SECTION 1. Evidence Defined. — Evidence is the means, sanctioned by these [R]ules, 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 [R]ules. (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. (4) 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...
Login to see full content
Rules on Evidence - Rules of Court (2019)