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1. What are the rights and obligations of a witness during trial?

Rule 132 Section 3 Rights and obligations of a witness. — A witness must answer questions, although his
answer may tend to establish a claim against him. However, it is the right of a witness:

(1) To be protected from irrelevant, improper, or insulting questions, and from harsh or insulting demeanor;

(2) Not to be detained longer than the interests of justice require;

(3) Not to be examined except only as to matters pertinent to the issue;

(4) Not to give an answer which will tend to subject him to a penalty for an offense unless otherwise provided by law; or

(5) Not to give an answer which will tend to degrade his reputation, unless it to be the very fact at issue or to a fact from which the fact
in issue would be presumed. But a witness must answer to the fact of his previous final conviction for an offense. (3a, 19a)

https://lawphil.net/courts/rules/rc_128-134_evidence.html

2. What is the order of examination of an individual witness as espoused by the Rules on

Evidence? Make a hierarchy and define each part of the order.

Rule 132 Section 4. Order in the examination of an individual witness. — The order in which
the individual witness may be examined is as follows;

(a) Direct examination by the proponent;

(b) Cross-examination by the opponent;

(c) Re-direct examination by the proponent;

(d) Re-cross-examination by the opponent. (4)

Section 5. Direct examination. — Direct examination is the examination-in-chief of a witness

by the party presenting him on the facts relevant to the issue. (5a)

Section 6. Cross-examination; its purpose and extent. — Upon the termination of the direct
examination, the witness may be cross-examined by the adverse party as to many matters
stated in the direct examination, or connected therewith, with sufficient fullness and freedom
to test his accuracy and truthfulness and freedom from interest or bias, or the reverse, and to
elicit all important facts bearing upon the issue. (8a)

Section 7. Re-direct examination; its purpose and extent. — After the cross-examination of the
witness has been concluded, he may be re-examined by the party calling him, to explain or
supplement his answers given during the cross-examination. On re-direct-examination,
questions on matters not dealt with during the cross-examination, may be allowed by the
court in its discretion. (12)

Section 8. Re-cross-examination. — Upon the conclusion of the re-direct examination, the

adverse party may re-cross-examine the witness on matters stated in his re-direct
examination, and also on such other matters as may be allowed by the court in its discretion.
(13)

3. What is the doctrine of incomplete testimony?

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4. What are leading questions? When are leading questions allowed to be done?

Section 10. Leading and misleading questions. — A question which suggests to the witness
the answer which the examining party desires is a leading question. It is not allowed, except:

(a) On cross examination;

(b) On preliminary matters;

(c) When there is a difficulty is getting direct and intelligible answers from a witness who is
ignorant, or a child of tender years, or is of feeble mind, or a deaf-mute;

(d) Of an unwilling or hostile witness; or

(e) Of a witness who is an adverse party or an officer, director, or managing agent of a public
or private corporation or of a partnership or association which is an adverse party.

5. What are the different ways of impeaching a witness?

Section 11. Impeachment of adverse party's witness. — A witness may be impeached by the
party against whom he was called, by contradictory evidence, by evidence that his general
reputation for truth, honestly, or integrity is bad, or by evidence that he has made at other
times statements inconsistent with his present, testimony, but not by evidence of particular
wrongful acts, except that it may be shown by the examination of the witness, or the record of
the judgment, that he has been convicted of an offense. (15)

6. In examination of Child Witness as provided by A.M. No. 004-07-SC, what are the ways to
examine a child witness?

Section 8. Examination of a child witness. - The examination of a child witness presented in a hearing or any proceeding shall be
done in open court. Unless the witness is incapacitated to speak, or the question calls for a different mode of answer, the answers of
the witness shall be given orally.

The party who presents a child witness or the guardian ad litem of such child witness may, however, move the court to allow him to
testify in the manner provided in this Rule.

Section 9. Interpreter for child. -

(a) When a child does not understand the English or Filipino language or is unable to communicate in said languages due to his
developmental level, fear, shyness, disability, or other similar reason, an interpreter whom the child can understand and who
understands the child may be appointed by the court, motu proprio or upon motion, to interpret for the child.

(b) If a witness or member of the family of the child is the only person who can serve as an interpreter for the child, he shall not be
disqualified and may serve as the interpreter of the child. The interpreter, however, who is also a witness, shall testify ahead of the
child.

(c) An interpreter shall take an oath or affirmation to make a true and accurate interpretation.

Section 10. Facilitator to pose questions to child. -

(a) The court may, motu proprio or upon motion, appoint a facilitator if it determines that the child is unable to understand or respond
to questions asked. The facilitator may be a child psychologist, psychiatrist, social worker, guidance counselor, teacher, religious
leader, parent, or relative.
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(b) If the court appoints a facilitator, the respective counsels for the parties shall pose questions to the child only through the facilitator.
The questions shall either be in the words used by counsel or, if the child is not likely to understand the same, in words that are
comprehensible to the child and which convey the meaning intended by counsel.

(c) The facilitator shall take an oath or affirmation to pose questions to the child according to the meaning intended by counsel.

7. Who is a child witness?

Section 4. Definitions. -

(a) A "child witness" is any person who at the time of giving testimony is below the age of eighteen (18) years. In child abuse cases, a
child includes one over eighteen (18) years but is found by the court as unable to fully take care of himself or protect himself from
abuse, neglect, cruelty, exploitation, or discrimination because of a physical or mental disability or condition.

8. Compare and contrast burden of proof and burden of evidence as provided by the Rules on
Evidence

RULE 131

Section 1. Burden of proof and burden of evidence. - Burden of proof is the duty of a party to present evidence on the facts in issue
necessary to establish his or her claim or defense by the amount of evidence required by law. Burden of proof never shifts.

Burden of evidence is the duty of a party to present evidence sufficient to establish or rebut a fact in issue to establish a prima
facie case. Burden of evidence may shift from one party to the other in the course of the proceedings, depending on the exigencies of
the case.

9. What are the factors/elements needed to make a circumstantial evidence sufficient?

Sec. 4. Circumstantial evidence, when sufficient. – Circumstantial evidence is sufficient for conviction if:

(1) There is more than one circumstance;

(2) The facts from which the inferences are derived are proven;

(3) The combination of all the circumstances is such as to produce a conviction beyond a reasonable doubt.

10. Define the following terms:

 Direct evidence refers to the evidence which when held as true by the Court, outrightly
proves the fact
 Circumstantial Evidence is the evidence, based on circumstances or incidents, which does
not directly prove a fact, but it points out the guilt of a person indirectly, by linking the
chain of events to reach the final conclusion.
 Cumulative Evidence is additional evidence of the same character to the same point
 Corroborative Evidence is additional evidence of a different character to the same point.
 Positive Evidence that affirms the occurrence of an event or existence of a fact, as when a
witness declares that there was no fight which took place.
 Negative Evidence when the evidence denies the occurrence of an eventor existence of a
fact, as when the accused presents witnesses who testify that the accused was at their
party when the crime was committed. Denials and alibi are negative evidences
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 Competent Evidence is one that is not excluded by law in a particular case.

 Conclusive Presumption is one in which the proof of certain facts makes the existence of
the assumed fact beyond dispute. The presumption cannot be rebutted or contradicted by
evidence to the contrary.
 Disputable Presumption Under Sec. 3, Rule 131, disputable presumptions are satisfactory,
if uncontradicted, but may be contradicted and overcome by other evidence, as in this
case. (Estate of Poblador, Jr. vs. Manzano, G.R. No. 192391, June 19, 2017)
 Weight of evidence The fact that evidence is admitted does not mean that it is
automatically true or even particularly persuasive. It is still open to the arbitrator to find,
when assessing all the evidence presented, that certain evidence which he admitted is
improbable and is to be rejected or that certain evidence, while constituting proof, does not
carry much weight.


11. Expound the legal maxim falsus in uno, falsus in omnibus(in relation to credibility of
witness).

Falsus in Uno, Falsus in Omnibus is a legal maxim which means false in one thing, false in
everything. A Roman legal principle indicating that a witness who willfully falsifies one matter
is not credible on any matter. The underlying motive for attorneys to impeach opposing
witnesses in court: the principle discredits the rest of their testimony if it is without
corroboration. At common law, it is the legal principle that a witness who testifies falsely
about one matter is not credible to testify about any matter. Although many common law
jurisdictions have rejected a categorical application of the rule, the doctrine has survived in
some American courts. In Philippine jurisdiction, many trial lawyers use this doctrine to
impeach opposing witnesses by confronting them with prior sworn statements or court
testimonies where they made completely different or even contradictory testimonies.

In the case of Emiliano Lagunzad, Petitioner, v. The Court of Appeals and the People of the
Philippines, [G.R. No. 104939. February 2, 1994.], the Supreme Court, speaking through Justice
Camilo Quiazon, held for the High Tribunal that:” Petitioner argues that the prosecution’s
evidence based primarily on the testimony of the victim, is not sufficient to convict him.
According to him, the victim gave a false testimony at one point in his narration of facts and
this raises the presumption that the rest of his testimony is false, under the maxim falsus in
uno, falsus in omnibus (false in one part, false in everything). It is perfectly within the
discretion of the trial court to accept portions of the testimony of a witness as it may deem
credible and reject those which it believes to be false.”

12 Research and write on yellow paper the following:

RULE 130 of the 2019 Revised Rules on Evidence:

Section 21-Witnesses; their qualifications

Qualification of Witnesses

Section 21. Witnesses; their qualifications. - All persons who can perceive, and perceiving,
can make known their perception to others, may be witnesses. (20a)

Religious or political belief, interest in the outcome of the case, or conviction of a crime,
unless otherwise provided by law, shall not be a ground for disqualification. (20)

[Section 21. Disqualification by reason of mental incapacity or immaturity. -

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Section 22. Testimony confined to personal knowledge. - A witness can testify only to those
facts which he or she knows of his or her personal knowledge; that is, which are derived from
his or her own perception. (36a)

Section 23. Disqualification by reason of marriage. - During their marriage, the husband or the
wife cannot testify against the other without the consent of the affected spouse, except in a
civil case by one against the other, or in a criminal case for a crime committed by one against
the other or the latter's direct descendants or ascendants. (22a)

Section 24. Disqualification by reason of privileged communication[s]. - The following persons

cannot testify as to matters learned in confidence in the following cases:

(a) The husband or the wife, during or after the marriage, cannot be examined without the
consent of the other as to any communication received in confidence by one from the other
during the marriage except in a civil case by one against the other, or in a criminal case for a
crime committed by one against the other or the latter's direct descendants or ascendants.Â

(b) An attorney or person reasonably believed by the client to be licensed to engage in the
practice of law cannot, without the consent of the client, be examined as to any
communication made by the client to him or her, or his or her advice given thereon in the
course of, or with a view to, professional employment, nor can an attorney's secretary,
stenographer, or clerk, or other persons assisting the attorney be examined without the
consent of the client and his or her employer, concerning any fact the knowledge of which has
been acquired in such capacity, except in the following cases:

(i) Furtherance of crime or fraud. If the services or advice of the lawyer were sought or
obtained to enable or aid anyone to commit or plan to commit what the client knew or
reasonably should have known to be a crime or fraud;

(ii) Claimants through same deceased client. As to a communication relevant to an issue

between parties who claim through the same deceased client regardless of whether the
claims are by testate or intestate or by inter vivos transaction;

(iii) Breach of duty by lawyer or client. As to a communication relevant to an issue of breach

of duty by the lawyer to his or her client or by the client to his or her lawyer;

(iv) Document attested by the lawyer. As to a communication relevant to an issue concerning

an attested document to which the lawyer is an attesting witness; or

(v) Joint clients. As to a communication relevant to a matter of common interest between two
[(2)] or more clients if the communication was made by any of them to a lawyer retained or
consulted in common, when offered in an action between any of the clients, unless they have
expressly agreed otherwise.

(c) A physician, psychotherapist or person reasonably believed by the patient to be authorized

to practice medicine or psychotherapy cannot in a civil case, without the consent of the
patient be examined as to any confidential communication made for the purpose of diagnosis
or treatment of the patient's physical. mental or emotional condition, including alcohol or drug
addiction, between the patient and his or her physician or psychotherapist. This privilege also
applies to persons, including members of the patient's family, who have participated in the
diagnosis or treatment of the patient under the direction of the physician or psychotherapist.

A "psychotherapist" is:
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(a) A person licensed to practice medicine engaged in the diagnosis or treatment of a mental
or emotional condition, or

(b) A person licensed as a psychologist by the government while similarly engaged.

(d) A minister, priest or person reasonably believed to be so cannot without the consent of the
affected person, be examined as to any communication or confession made to or any advice
given by him or her, in his or her professional character, in the course of discipline enjoined by
the church to which the minister or priest belongs.

(e) A public officer cannot be examined during or after his or her tenure as to communications
made to him or her in official confidence, when the court finds that the public interest would
suffer by the disclosure.

The communication shall remain privileged, even in the hands of a third person who may have
obtained the information, provided that the original parties to the communication took
reasonable precaution to protect its confidentiality.

Section 27-Admission of a Party

Section 27. Admission of a party. - The act, declaration or omission of a party as to a

relevant fact may be given in evidence against him or her.

Section 34-Confession
The declaration of an accused acknowledging his or her guilt of the offense charged, or of any offense
necessarily included therein, may be given in evidence against him or her.

Section 37-Hearsay

Hearsay is a statement other than one made by the declarant while testifying at a
trial or hearing, offered to prove the truth of the facts asserted therein. A statement is (1) an
oral or written assertion or (2) a non-verbal conduct of a person, if it is intended by him or her
as an assertion. Hearsay evidence is inadmissible except as otherwise provided in these
Rules.

Section 44-Parts of Res Gestae

Statements made by a person while a startling occurrence is taking place or

immediately prior or subsequent thereto[,] under the stress of excitement caused by the
occurrence with respect to the circumstances thereof, may be given in evidence as part of the
res gestae. So, also, statements accompanying an equivocal act material to the issue, and
giving it a legal significance, may be received as part of the res gestae.