Text of the provision
Sec. 15. Exclusion and separation of witnesses. — The court motu proprio or upon motion, shall order witnesses excluded so that they cannot hear the testimony of other witnesses. This rule does not authorize exclusion of (a) a party who is a natural person, (b) a duly designated representative of a juridical entity which is a party to the case, (c) a person whose presence is essential to the presentation of the party's cause, or (d) a person authorized by a statute to be present. The court may also cause witnesses to be kept separate and to be prevented from conversing with one another, directly or through intermediaries, until all shall have been examined. Sec. 16. When witness may refer to memorandum. — A witness may be allowed to refresh his memory respecting a fact, by anything written or recorded by himself or under his direction at the time when the fact occurred, or immediately thereafter, or at any other time when the fact was fresh in his memory and knew that the same was correctly written or recorded; but in such case the writing or record must be produced and may be inspected by the adverse party, who may, if he chooses, cross examine the witness upon it, and may read it in evidence. So, also, a witness may testify from such writing or record, though he retain no recollection of the particular facts, if he is able to swear that the writing or record correctly stated the transaction when made; but such evidence must be received with caution.
2019 Revised Rules on Evidence (A.M. No. 19-08-15-SC), Rule 132, Section 15. Reproduced verbatim and verified against the Supreme Court's official published text and the ChanRobles rendering.
About this section
This is Section 15 of Rule 132 (PRESENTATION OF EVIDENCE A. EXAMINATION OF WITNESSES REVISED RULES ON EVIDENCE 2019 AMENDMENTS SECTION 1. Examination to be done in open court. — The examination of witnesses presented in a trial or hearing shall be done in open court, and under oath or affirmation. Unless the witness is incapacitated to speak, or the questions calls for a different mode of answer, the answers of the witness shall be given orally. (1a)) of the 2019 Revised Rules on Evidence, the rules promulgated by the Supreme Court in A.M. No. 19-08-15-SC and in force since May 1, 2020. The text above is reproduced verbatim from the current rules.
Related provisions
- Section 14 — How witness impeached by evidence of inconsistent statements.
- Section 16 — When witness may refer to memorandum.
Cases citing this section
- Authorities on this section will be added here as each is verified against primary sources.