P R E S E N TAT I O N

O FE V I D E N C E

GROUP 4
E X A M I N AT I O N O F W I T N E S S
AND RECORD OF
PROCEEDINGS
The examination of the
witnesses may presented in
a trial or hearing and shall
be done in open court and
under oath or affirmation.
 The answer of the witness
shall be given orally
except:
1 2

• The witness is • The question calls for a

different mode of an
incapacitated to
answer (sec. 1, rule
speak; or 132, rc)
E X A M I N AT I O N O F W I T N E S S
AND RECORD OF
PROCEEDINGS
• The questions propounded to a witness and
his answers thereto shall be recorded are
the statements made by the judge, any of
the parties or any of the counsels. In fact,
the entire proceedings of the trial or
hearing must be recorded. The recording
may be by short-hand, stenotype, or any
means of recording found suitable by the
court.

• The official stenographer or recorder shall

make a transcript of the recording/record of
the proceedings and shall be certified by
him as correct. The transcript so prepared
and certified by him shall be deemed
“PRIMA FACIE” a correct statement of such
OBJECTIONS: PIRPOSES OF
OBJECTIONS
May be made for any of the following:

0 0 0 04
To protect the
1
To keep out
inadmissible
2
record, i.e, to 3
To protect a
present the issue
evidence that of inadmissibility witness from To expose the
would cause harm of the offered being adversary’s
to a client’s cause. evidence in a way
The rules on
embarrassed on unfair tactics
that if the trial
evidence are not court rules
the stand or like consistently
self-operating and erroneously, the from being acting obviously
hence, must be error can be relied harassed by the leading
invoked by way of upon as a ground adverse questions
an objection for future appeal. counsel.
OBJECTIONS: PIRPOSES OF
OBJECTIONS
May be made for any of the following:

0 0
To give the trial
5
court an 6
To protect a
opportunity to
correct its own witness from
errors and, at the being
same, warn the
embarrassed on
court that a ruling
adverse to the
the stand or
objector may from being
supply a reason to harassed by the
invoke a higher adverse
court’s appelate counsel.
jurisdiction; and
 CONTINUING
OBJECTION
It often used to preserve an issue for
appeal. This means that if the lawyer
disagrees with the judge’s ruling and
wants to appeal the decision, they can
use the this as evidence that objected
to the topic multiple times during court.

When a lawyer objects to a certain type

of question during a trial, and the judge
has already rules against the objection.
Instead of objecting every time the
topic comes up, the lawyer can ask for
this. This means that the objection is
preserve for every mentioned of the
 RULINGS ON OBJECTIONS

The rulings of the court must be When an objection to a question is

given immediately after the sustained, the judge considers the
objection is made except when the question is sustained, the judge
court desires to take a reasonable consider the question as improper
time to inform itself on the qustion and the witness will not be allowed
to answer the question. This means
presented by the ruling.
the exclusion of testimonial
evidence
When a counsel ask a question
and the other objects, the court When the objection is overruled,
STRIKING OUT OF AN
ANSWER: a motion to
strike may be availed of
the following instances;
⚬ When the answer is premature
⚬ When the answer of the witness is irrelevant,
incompetent or otherwise improper
⚬ When the answer is unresponsive
⚬ When the witness testifies without a question being
posed
⚬ When the witness testifies beyond the limits set by
court
⚬ When the witness does the narration instead of
answering the questions
 R I G H T S A N D O B L I G AT I O N S O F W I T N E S S
SEC. 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

• To be protected from irrelevant, improper, or

insulting questions, and from harsh or insulting
demeanor;
• Not to be detained longer than the interests of
justice require;
• Not to be examined except only as to matters
pertinent to the issue;
• Not to give an answer which will tend to
subject him to a penalty for an offense unless
otherwise provided by law; or
• Not to give an answer which will tend to
degrade his reputation, unless it be to the very
fact at issue or to a fact from which the fact in
 E XC LU S I O N A N D
S E PA RAT I O N O F
WITNESS
SEC. 15. Exclusion and separation of
witnesses. — On any trial or hearing, the
judge may exclude from the court any
witness not at the time under examination,
so that he may not hear the testimony of
other witnesses. The judge may also cause
witnesses to be kept separate and to be
 OFFER OF TESTIMONY

(TENDER OF EXCLUDE ORAL EVIDENCE) SEC.

40. Tender of excluded evidence.— If
documents or things offered in evidence are
excluded by the court, the offeror may have
the same attached to or made part of the
record. If the evidence excluded is oral, the
offeror may state for the record the name and
other personal circumstances of the witness
and the substance of the proposed testimony
 KINDS OF EXAMINATION
DIRECT CROSS
E X A M I N AT I O E X A M I N AT I O
N
This is the examination-in- chief of a This is the examinationNof the witness by the
witness by the party presenting him adverse party after said witness has given
his testimony on direct examination. As a
on the facts relevant to the issue
rule, the scope of the cross-examination is
(Sec. 5, Rule 132, Rules of Court). It not confined to the matters stated by the
is actually a procedure for obtaining witness in the direct examination. Thus,
information from one's own witness under the Rules of Court, an objection that
in an orderly fashion. It is the question in the cross-examination is on a
information which counsel wants the matter not touched upon by the witness in
court to hear. The purpose is to his testimony will seldom be sustained
provided the question covers matters
elicit facts about the client's cause
allowed to be asked by way of cross-
of action or defense. This examination. This is because the rule allows
examination is now subject to the questions designed to test the accuracy and
Judicial Affidavit Rule which took truthfulness of the witness, his freedom from
 KINDS OF EXAMINATION
RE-DIRECT RE - CROSS
E X A M I N AT I O E X A M I N AT I O
N
This examination is conducted after the cross- N
This is the examination
examination of the witness. The party who
called the witness on direct examination may
re-examine the same witness to explain or
conducted upon the
supplement his answers given during the conclusion of the re-direct
cross-examination. It is the examination of a
witness by the counsel who conducted the examination. Here, the
direct examination after the cross- adverse party may
examination. In re-direct examination, the
counsel may elicit testimony to correct or question the witnesses on
repel any wrong impression or inference that
may have been created in the cross-
matters stated in his re-
examination. It may also be an opportunity to direct examination and
rehabilitate a witness whose credibility has
been damaged. In its discretion, the court also on such matters as
LEADIN
G
• A leading question is one that is framed in such a way that the
question indicates to the witness the answer desired by the
party asking the question. In the words of Sec. 10 of Rule 132,
it is a question "which suggests to the witness the answer
which the examining party desires.
• Leading questions are not appropriate in direct and re-direct
examinations particularly when the witness is asked to testify
about a major element of the cause of action or defense.
Leading questions are allowed in cross and re- cross
examinations. In fact, eadng questions are the types of
questions that should be employed in a eross-examination.
Such questions enable the counsel to get the witness to agree
with his clients version of the facts Most lawyers will agree
that a "why question should not be asked in eross-
examination. This kind of question allows a witness to explain
his or her position, emphasize key points of harmtul testimony
 LEADING QUESTIONS ARE, HOWEVER,
A L LO W E D I N A D I R E C T E X A M I N AT I O N
I N T H E F O L LO W I N G I N S TA N C E S :

(a) on preliminary matters;

(b) when the witness is ignorant, or
a child of tender years, or is
feebleminded or a deaf mute and
there is difficulty in getting direct
and intelligible answers from such
witness
(c) when the witness 18 a hostile
witness, or
(d) when the witness is an adverse
party, or an officer, director, or
managing Agent of a corporation
partnership or association which is
SEC. 9. RECALLING WITNESS
After the examination of a witness by both sides
has been concluded, the witness cannot be
recalled without leave of the court. The court will
grant or withhold leave in its discretion, as the
interests of justice may require.

GENERAL RULE: After the examination of a witness by both sides has

been concluded, the witness cannot be recalled without leave of court.

EXCEPTION: the examination has not been concluded irecall has been
expressly reserved with the approval of the court
S E C T I O N 1 6 . W H E N W I T N E S S M AY
R E F E R T O M E M O RA N D U M .

• REVIVAL OF PRESENT MEMORY PRESENT RECOLLECTION REVIVED

- A witness may be allowed to refresh his memory respecting a
fact, by anything written or recorded by himself or under his
direction as the time when the fact occurred, or immediately
thereafter.

• PAST RECOLLECTION RECORDED/REVIVAL OF PAST RECOLLECTION

- A witness may also testify from such writing or record, though
he retains 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.
S E C T I O N 1 6 . W H E N W I T N E S S M AY R E F E R T O
M E M O RA N D U M .

PRESENT MEMORY REVIVED and PAST

RECOLLECTION RECORDED DIFFERENCE
PRESENT MEMORY REVIVED *Memory is
obscure there is still memory;
*The main evidence is the testimony of the
witness and the memorandum;
*The witness simply testifies that he knows
that the memorandum is correctly written
by him or under his direction; no need to
swear.

PAST RECOLLECTION RECORDED

*Recollection is zero *The main evidence is
the memorandum. *Witness must swear
 SECTION 11. IMPEACHMENT OF
A D V E R S E PA RT Y ' S W I T N E S S

A witness may be impeached by the party against whom he

was called:

1 2
3

By contradictory By evidence that By prior

evidence; the general inconsistent
reputation for statements.
truth, honesty, or
integrity of the
witness is bad; or
 PROCEDURE FOR
I M P E A C H I N G W I T N E S S BY
EVIDENCE OF PRIOR
I N C O N S I S T E N T S TAT E M E N T S
( " L AY I N G T H E P R E D I C AT E " )
1. The statement must be related to him with
the circumstances of the times and places and
the persons present;
*if the statement be in writing they must be
shown to the witness before any question is put
to him concerning them; and
2. He must be asked whether he made such
statements, and if so, allowed to EXPLAIN them.

NOTE: Where the previous statements of a

witness are offered as evidence of an admission,
and not merely to impeach him, the rule on
laying the predicate does not apply.
HOW TO IMPEACH A WITNESS
(BAR 2018)
1. Section 11 of Rule 132 specifies the
manner of impeaching the witness of the
adverse party. It declares:

(no SEC. 11. Impeachment of adverse

party's witness.

A witness may be impeached by the party

against bro whom he or she was called, by
contradictory evidence, by evidence that his
or her general reputation for truth, to be
honesty, or integrity is bad, or by evidence
that he or she has made at other times
statements inconsistent with his or her
present testimony, but not by evidence of
particular wrongful acts, except that it may
be shown by the examination of the witness,
S E C . 1 2 . PA RT Y M AY N O T I M P E A C H H I S O W N
W I T N E S S . — T H E PA RT Y P R O D U C I N G A
W I T N E S S I S N O T A L LO W E D T O I M P E A C H H I S
C R E D I B I L I T Y. A W I T N E S S M AY B E
CONSIDERED AS UNWILLING OR HOSTILE
O N LY I F S O D E C L A R E D BY T H E C O U RT U P O N
A D E Q U AT E S H O W I N G O F H I S A D V E R S E
I N T E R E S T , U N J U S T I F I E D R E LU C TA N C E T O
T E S T I F Y , O R H I S H AV I N G M I S L E D T H E PA RT Y
I N T O C A L L I N G H I M T O T H E W I T N E S S S TA N D .
THE UNWILLING OR HOSTILE WITNESS SO
DECLARED, OR THE WITNESS WHO IS AN
A D V E R S E PA RT Y , M AY B E I M P E A C H E D BY T H E
PA RT Y P R E S E N T I N G H I M I N A L L R E S P E C T S A S
I F H E H A D B E E N C A L L E D BY T H E A D V E R S E
PA RT Y , E XC E P T BY E V I D E N C E O F H I S B A D
C H A RA C T E R. H E M AY A L S O B E I M P E A C H E D
A N D C R O S S - E X A M I N E D BY T H E A D V E R S E
2. Under the above rule, a witness may be impeached
through the following modes:
(a) By contradictory evidence;
(b) By evidence that his or her general reputation for
truth, honesty or integrity is bad; or
(c) By evidence that he or she has made at other times
statements inconsistent with his or her present
testimony (Sec. 11, Rule 132, Rules of Court).

3. A witness cannot be impeached by evidence of

particular wrongful acts except evidence of his or her
conviction of an offense as disclosed by his examination
or the record of the judgment (Sec. 11, ibid.)
• Standardized testing is fair and objective, creating a universal standard of
education.
4. An• unwilling orinclusive
It provides an hostileopportunity,
witness so declared
giving studentsby the
from diverse backgrounds a
court or the to
chance witness who
prove they ismastered
have an adverse party
academic cannot
material be their
despite
circumstances.
impeached by evidence of his or her bad character (Sec.
SEC. 14. How witness impeached by evidence of inconsistent
statements. Before a witness can be impeached by evidence
that he or she has made at other times statements inconsistent
with his or her present testimony, the statements must be
related to him or her. with the circumstances of the times and
places and the persons present, and he or she must be asked
whether he or she made such statements, and if so, allowed to
explain them. If the statements be in writing, they must be
shown to the witness before any question is put to him or her
Impeachment
concerning by showing bad reputation
them."
1. When a witness testifies, he puts his credibility at issue because the
weight of his testimony depends upon his credibility. One way to impair his
credibility is by showing a not so pleasing reputation. Hence, the prevailing
rule allows his impeachment by evidence that he has a bad general
reputation.
2. Not every aspect of a person's reputation may be the subject of
impeachment. Evidence of bad reputation for the purpose of impeachment
should refer only to the following specific aspects:
(a) for truth;
(b) for honesty; or
(c) for integrity.
SEC. 18. Right to inspect writing shown to
witness.— Whenever a writing is shown to a
witness, it may be inspected by the adverse
party.

PART OF EVIDENCE TO ALLOW ADMISSION OF

WHOLE SEC. 26. Admissions of a party. – The act,
declaration or omission of a party as to a
relevant fact may be given in evidence against
him.
SEC. 27. Offer of compromise not admissible. – In
civil cases, an offer of compromise is not an
admission of any liability, and is not admissible
in evidence against the offerror. In criminal
cases, except those involving quasi-offenses
(criminal negligence) or those allowed by law to
be compromised, an offer of compromise by the
accused may be received in evidence as an
implied admission of guilt. A plea of guilty later
withdrawn, or an unaccepted offer of a plea of
guilty to a lesser offense, is not admissible in
evidence against the accused who made the
SEC. 28. Admission by third party. – The rights of a party
cannot be prejudiced by an act, declaration, or omission
of another, except as hereinafter provided.
SEC. 29. Admission by co-partner or agent. – The act or
declaration of a partner or agent of the party within the
scope of his authority and during the existence of the
partnership or agency, may be given in evidence against
such party after the partnership or agency is shown by
evidence other than such act or declaration. The same
rule applies to the act or declaration of a joint owner,
joint debtor, or other person jointly interested with the
party.
SEC. 30. Admission by conspirator. – The act or
declaration of a conspirator relating to the conspiracy
and during its existence, may be given in evidence
against the co-conspirator after the conspiracy is shown
by evidence other than such act or declaration.
 POWER OF THE
C O U RT T O S T O P
F U RT H E R
EVIDENCE
The court may stop the introduction of
further testimony upon any particular point
when the evidence upon it is already so full
that more witnesses to the same point cannot
be reasonably expected to be additionally
persuasive. But this power should be
exercised with caution.
 OPINION OPINION OF
EXPERT WITNESS
The RULE
opinion of a The opinion of a
witness is not witness on a matter
admissible, requiring special
except as knowledge, skill,
indicated in the experience or
following training which he is
sections. shown to possess,
may be received in
evidence.
Section 5 of Rule 133, a new
addition under the 2019
Amendments to the Rules
on Evidence, provides the
following guidelines which 3
Whether the witness has
the court may consider in applied the principles and
determining the weight to methods reliably to the facts of
the case; and
be given to expert opinion:
4 Such other factors as the
1 Whether the
court may deem helpful
opinion is based to make such
upon sufficient determination.
facts or data
2 Whether it is the
product of reliable
principles and
Opinion of ordinary witnesses. – The opinion of a
witness for which proper basis is given, may be
received in evidence regarding–

(a) the identity of a person about whom he has

adequate knowledge;
(b) A handwriting with which he has sufficient
familiarity; and
(c) The mental sanity of a person with whom he is
sufficiently acquainted.
 E X A M I N AT I O N O F C H I L D W I T N E S S
"Child Witness". 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.

(1) The examination of a child witness presented in a

hearing or any proceeding shall be done in open court.
The answer of the witness shall be given orally, unless
the witness is incapacitated to speak, or the question
calls for a different mode of answer.
(2) 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,
shynes, disability, or other similar reason, an
interpreter whom the child can understand and who
 E X A M I N AT I O N O F C H I L D W I T N E S S
(3) If the court determines that the child is unable to
understand or respond to questions asked, the court
may, motu proprio or upon motion, appoint a facilitator.

(4) A child testifying at a judicial proceeding or making a

deposition shall have the right to be accompanied by one
or two persons of his own choosing to provide him
emotional support.

(5) An application may be made for the testimony of the

child to be taken in a room outside the courtroom and be
televised to the courtroom by live-link television.

(6) The testimony of the child shall be preserved on

videotape, digital disc, or other similar devices which
shall be made part of the court record and be subject to a
protective order.

(7) To shield the child from the accused, the court may
allow the child to testify in such a manner that the child
(8) Records regarding a child shall be
confidential and kept under seal.
Except upon written request and
order of the court, a record shall only
be released to the following:

(a) Members of the court staff for

administrative use; (b) The
prosecuting attorney;
(c) Defense counsel;
(d) The guardian ad litem;
(e) Agents of investigating law
enforcement agencies; and
(f) Other persons as determined by
the court.
(9) Whoever publishes or causes to be
published in any format the name, address,
telephone number, school, or other identifying
information of a child who is or is alleged to be
a victim or accused of a crime or a witness
thereof, or an immediate family of the child
shall be liable to the contempt power of the
court.

(10) Where a youthful offender has been

charged before any city, or provincial
prosecutor or any municipal judge and the
charges have been dropped, all the records of
the case shall be considered as privileged and
may not be disclosed directly or indirectly to
anyone for any purpose whatsoever.

(11) The youthful offender, who fails to

acknowledge the case against him or to recite
any fact related thereto in response to any