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2019 Amendments to Evidence Rules

The document discusses proposed 2019 amendments to the Revised Rules on Evidence in the Philippines. It provides an overview of the general provisions and rules being amended, including Rule 128 on evidence defined, Rule 129 on judicial notice and admissions, and Rule 130 on rules of admissibility. Specifically, it outlines proposed changes to expand the coverage of electronic documents and clarify language regarding when judicial notice or a hearing is necessary.

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Allyssa Jane Ruallo
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363 views11 pages

2019 Amendments to Evidence Rules

The document discusses proposed 2019 amendments to the Revised Rules on Evidence in the Philippines. It provides an overview of the general provisions and rules being amended, including Rule 128 on evidence defined, Rule 129 on judicial notice and admissions, and Rule 130 on rules of admissibility. Specifically, it outlines proposed changes to expand the coverage of electronic documents and clarify language regarding when judicial notice or a hearing is necessary.

Uploaded by

Allyssa Jane Ruallo
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd

EVIDENCE

JUDGE ROSAURO ANGELITO DAVID


REGIONAL TRIAL COURT
BRANCH 101
STA. ROSA CITY
OVERVIEW
2019 PROPOSED AMENDMENTS TO THE REVISED RULES ON EVIDENCE

• GENERAL PROVISIONS (RULE 128)


• JUDICIAL NOTICE/JUDICIAL ADMISSIONS (RULE 129)
• RULES OF ADMISSIBILITY (RULE 130)
• BURDEN OF PROOF AND PRESUMPTIONS (RULE
131)
• PRESENTATION OF EVIDENCE (RULE 132)
• WEIGHT AND SUFFICIENCY OF EVIDENCE (RULE
133)
Rule 128
(2019 Amendments)

• Section 1. Evidence, Defined.


• Section 2. Scope
• Section 3. Admissibility of evidence.
- (2019 Amendment – inclusion of “the Constitution”
- Admissibility vs Probative Value
• Section 4. RELEVANCY; COLLATERAL matters.
- (Axiom of competency/Exclusionary Rule)
EVIDENCE, DEFINED
(Section 1, Rule 128)

 SANCTIONED BY THE RULES


 IN A JUDICIAL PROCEEDING (CIVIL OR CRIMINAL
CASES)
 A MATTER OF FACT
 ASCERTAINMENT OF TRUTH
GENERAL PRINCIPLES

• FACTUM PROBANDUM VS FACTUM PROBANS


• PROOF VS EVIDENCE
• HIERACHY OF EVIDENCE
• CLASSIFICATION OF RULES OF EVIDENCE ACCORDING TO WIGMORE
GENERAL PRINCIPLES

• As to FORM/TYPE of evidence
• As to whether evidence AFFIRMS OR NEGATES
• As to MATERIALITY (VS RELEVANCY)
• As to ADMISSIBILITY (Types of Admissibility-
multiple/conditional/curative)
• As to need to INFER OR PRESUME (DIRECT OR
CIRCUMSTANTIAL)
GENERAL PRINCIPLES

• As to ORIGINALITY (BEST EVID vs SECONDARY EVIDENCE)


• As to SUPPORTING EVIDENCE (CUMULATIVE vs CORROBORATIVE EVID.)
• As to CONTROVERSION ( PRIMA FACIE vs REBUTTING vs CONCLUSIVE
EVID)
• As to CONTENT OF TESTIMONY (CHARACTER/REPUTATION vs OPINION
vs EXPERT vs ORDINARY EVIDENCE)
• As to SOURCE of evidence (INTRINSIC vs EXTRINSIC EVID)
• As to PRESUMPTION (DISPUTABLE vs CONCLUSIVE PRESUMPTION)
Rule 129 –what need not be proved
• Section 1. JUDICIAL NOTICE, WHEN MANDATORY
- 2019 Amendments. Inclusion of “National Government”
- proving foreign laws (Sect. 24-25, Rule 132; Apostille Convention
• Section 2. JUDICIAL NOTICE, WHEN DISCRETIONARY
- matters of public knowledge/ capable of unquestionable demonstration/ought to be
known to judges
-judicial notice vs judicial knowledge
• Section 3. JUDICIAL NOTICE, WHEN HEARING NECESSARY
- 2019 Amendments – clearer language
- Stipulation of facts
• Section 4. JUDICIAL ADMISSIONS (2019 Amendments )
Rule 130
Rules of Admissibility
• Sec. 1. Object Evidence.
• Requisites for admissibility
• Relevancy
• Authentication
• Rules on Electronic Evid
• Pictures/ Photographs/ Tape Recordings
• Not hearsay
• Not privileged/excluded by rules or constitution
• Additional requirements set by law/rules
• RA 9165, section 21
DOCUMENTARY EVIDENCE
(RULE 130)
• SECTION 2. DOCUMENTARY EVIDENCE, DEFINED.
• 2019 Amendments. Expanded coverage-harmonized with electronic
documents A.M. No 01-7-01 SC
• Offered as proof of contents of the document”
• Object vs documentary evidence
• Requirements of admissibility
• Relevancy
• Authentication
• Formally offered
Documentary evidence –
Rule 130
• Section 3. Documentary Evidence

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