Text of the provision
Sec. 16. When witness may refer to memorandum. — A witness may be allowed to refresh his or her memory respecting a fact by anything written or recorded by himself or herself, or under his or her direction[.] at the time when the fact occurred, or immediately thereafter, or at any other time when the fact was fresh in his or her memory and he or she 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 or she chooses, cross-examine the witness upon it and may read it in evidence. A witness may also testify from such a writing or record, though he or she retains no recollection of the particular facts, if he or she is able to swear that the writing or record correctly stated the transaction when made; but such evidence must be received with caution. Sec. 17. When part of transaction, writing or record given in evidence, the remainder, the remainder admissible. — When part of an act, declaration, conversation, writing or record is given in evidence by one party, the whole of the same subject may be inquired into by the other, and when a detached act, declaration, conversation, writing or record is given in evidence, any other act, declaration, conversation, writing or record necessary to its understanding may also be given in evidence.
2019 Revised Rules on Evidence (A.M. No. 19-08-15-SC), Rule 132, Section 16. Reproduced verbatim and verified against the Supreme Court's official published text and the ChanRobles rendering.
About this section
This is Section 16 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 15 — Exclusion and separation of witnesses.
- Section 17 — When part of transaction, writing or record given in evidence, the remainder admissible.
Cases citing this section
- Authorities on this section will be added here as each is verified against primary sources.