Rules on Evidence - Rules of Court (2019)

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.