RULE 132 PRESENTATION OF EVIDENCE EXAMINATION OF WITNESSES Section 1. Examination to be Done in Open Court Rules: 1. ORAL EVIDENCE Themust: usual of presenting It oral 2. Questions a witness 3. HOW Effect ofpropounded Failure totoGIVEN: Take Oath or way Affirmation: is testimony is to call the witness to the stand and ask him questions. The the judgment will be set aside if the error is not discovered until after of questions. b. NOT beleading; indefinite or uncertain; h. NOT be judgment . (Herrera). Purpose: to enable the court to judge the credibility of the c. NOT be argumentative; i.NOT be misleading; However,by: the right to have a witness sworn may be waived if the other witness party fails todegrade object toreputation theoftaking ofwitness; the testimony of a witness without d. NOT call for conclusion law; j.1)NOT tend to of witness’ way thethe administration ofof antestifying, oath e. NOT call for opinion or hearsay evidence; 2) their intelligence’ and k. NOT be repetitious; Under Section 1, Rule 71, the refusal to be sworn or to answer as a their f.3) NOT callappearance foraillegal answer; witness constitutes direct contempt of court.. l. NOT call for narration. generally held that where atestimony; witness testifies without sworn, ag.. NOT BE relevant; call forof self-incriminating testimony witnesses is elicited by interrogation or thehaving propounding Section 3. Rights and Obligations of a witness CLASSIFICATION OF IMMUNITYSTATUTES: 1. Usepurposes immunityprohibits theagainst use of witness’ For of only evidence, right selfincrimination compelled testimony and its fruit in any manner in refers only to testimonial compulsion. connection with the criminal prosecution of the Right against self-incrimination gratedimmune only to individuals, witness. It does not render a is witness from prosecution despiteCANNOT invocation of right hence, a corporation invoke tjhatagainst privilege as the selfincrimination. question testimony can come only from a corporate officer or 2.employee Transactional grants immunity to thethat witness who immunityhas a personality distinct from of a from prosecution for an offense to which his compelled corporation. testimony relates. Section 3. Rights and Obligations of a witness Rules: 1. THE BILL OF RIGHTS OF A WITNESS: To be protected from irrelevant, improper, or insulting and from harsh a. Note: A witness may be required to testify evenquestions, if his answer may be or insulting demeanor; the basis of a civil liability. b. Not to be detained longer than the interests of justice require; c. The exception under letter d.torefers topertinent IMMUNITY wherein Not to be examined except only as matters to theSTATUTES issue; the is granted fromtocriminal prosecution offenses d. witness Not to give an answerimmunity which will tend subject him to a penalty for for an offense admitted his testimony, unlessinotherwise provided bye.g., law; under Section 8, R.A. 1379, the law providing forgive theanforfeiture of will unlawfully required property; unless and under e. Not to answer which tend to degrade his reputation, it be toP.D. the fact at issue or a fact from which the fact in issue would be presumed. But a 749, invery prosecutions fortobribery and graft. witness must answer to the fact of his previous final conviction for an offense. WITNESS PROTECTION, SECURITY, AND BENEFIT ACT (RA 6981) Sec. 10. State witness. Definition: State Witness- person who has participated in the commission of Before anyinto person is admitted into theshall program he hall shall entitle such state witness a crimeAdmission and desires to the be aprogram witness for the state be admitted into to immunity from criminal prosecution forinthe offenses in which execute a whenever sworn statement describing detail manner the program the following circumstances are the present: his testimony will be given and(Sec. used.11) (Sec. 12) and his participation therein. 4. be his substantially material 1. his thetestimony offense in can which testimonycorroborated will be used isona its grave felonypoints; as defined he does Failure without justisunder cause when lawfully obliged to do so, IfRPC his application denied, said its equivalent special laws; 5. under notorappear to be the most guilty; and sworn statement and shall be prosecuted for contempt if heapplication testifies falsely or other testimony given in support of said shall NOT 2. absolute necessity for his testimony; 6. evasively, he has nothe at shall any time been convicted of any crime involving moral be removed and shall be subject to contempt admissible in evidence. turpitude. 3. be there is no direct evidence available for the prosecution of the offense or criminal prosecution. (Sec. 13) committed; Section 4. Order in the examination of an individual witness. Order: Rules: Limitations Direct Examination 1. DIRECT on EXAMINATION – the examination-in- 1. direct examination; 1) Questions calling for conclusions or opinions, except when opinion chief of a witness. testimony is permissible. 2. cross-examination; GENERAL RULE: 2)Exceptions: Repetitive questions. 3. redirect examination; 3)Witness Compound questions orcounsel. those iswhich embraces than one isinher own (Thresher vs. Bank, 68 Testimony narrative form NOT allowed.more inquiry to be answered. Conn. 201, 36 Atl. 38) When allowed by the trial 4. re-cross examination. 4)court.(People Erroneous assumption that6a Cal. material fact229, in issue been proved vs. Davis, App. 91has Pac. 810) or that the witness has given certain testimony. Section 4. Order in the examination of an individual witness. Rules: 2. CROSS-EXAMINATION an examination to rebut matters stated in the Scope or Limits of–CrossExamination: direct examination and any inference or deductions which may be 1) English RuleRule — a—witness is called to testify to ato facts drawn therefrom. 2) American restricts crossexamination particular fact, he becomes a witness for all purposes and circumstances which are connected with the PURPOSES: and may be fully cross-examined upon allinmatters that have been stated the direct 1)matters to discredit the witness; material to the the issue, the examination not being of the witness. 2)examination to discredit testimony of the witness; confined to the matters inquired about in the direct 3) to clarify certain matters; Note: Both rules arefrom followed in the Philippines. examination. 4) to elicit admissions a witness . Section 4. Order in the examination of an individual witness. Rules: DOCTRINE OFvoluntarily INCOMPLETE A party who the testimony of a HOSTILE WITNESSmayoffers beTETIMONYconsidered as such witness case is bound the testimony of said only if in sothe declared by thebycourt upon adequate EXCEPTION: GENERAL RULE: witness, EXCEPT: showing of: Where witness was extensively crossWhen prosecution cross-examination cannot bedone or 1) adverse party; 1) his adverse examined on the points and to thereafter completed dueinterest; to material causes attributable the partyfailed who hostile witness; to appear and cannot be produced athe warrant offered the witness, the incomplete testimony is 2) 2) unjustified reluctance; or hi havingdespite misled party 3) witness; for hisunwilling arrest. rendered incompetent stricken out of the into calling him to theshould witnessbestand. record. 4) witness required by law to be presented. Section 4. Order in the examination of an individual witness. Rules: 3. REDIRECT 4. RE-CROSS-EXAMINATION EXAMINATION – aanreexamination examination by of the witness byparty adverse the party of calling a witness him after after he has re-direct been cross-examined to explain or supplement his examination. answers given during cross-examination. a. The adverse party may re-crossexamine the b. complete the ainwitness of crossa. Purpose: Questions matters notanswer dealt of with during the witness Toon on matters stated his or re-direct adding a new matter which hassuch been or ofin its examination may allowed by omitted, the court examination and be also on other matters in correcting a possible misinterpretation of testimony. discretion . the discretion of the court. (People vs. de Guzman, GRN 117217, Dec. 2, 1996) Section 9. RECALLING WITNESS Rules: 1. RULE: GENERAL MISLEADING QUESTION––one onewhich which assumes LEADING QUESTION suggestsastotrue thea fact not yet testified towhich by the the witness, or contrary to desires. that witness the answer examining party A witness cannot be recalled after the which he has previously stated. Exceptions: examination by both parties has been concluded. General Rule: Exceptions: General Rule: e) c) Of When across-examination; witness there who isis not difficulty is allowed. an adverse in getting party direct or an officer, and a) On 2. d) Exception: Leading question a) A when waived; Of an unwilling orfrom hostile witness; or misleading question is not allowed. director, intelligible or answers managing agent a witness of who a public is ignorant, or private or b) When On preliminary matters; allowed theorcourt in interest a child of tender or ofby years, a partnership isquestions of feeble or the association mind, which aof deafis an b) corporation asking hypothetical to oran expert justice. adverse mute; party. witness. Section 9. RECALLING WITNESS Rules: 3. EXAMINATION 4. PROCEDURE FOR OF IMPEACHING WITNESSES UNDER WITNESS THE BY RULES EVIDENCE ON OF PRIOR INCONSISTENT ELECTRONIC EVIDENCE STATEMENTS (LAYING THE PREDICATE) b. Cross-Examination Deponent: The affiant shall berelating made a. Method of Proof: of Affidavit Evidence: All matters a. The statement mustwhether be related to him with circumstances theasked contents of the affidavit inthe open court to the admissibility and weight of and an c. to he affirm must be heevidentiary made such statements, of the and places may and persons present; by an affidavit may betimes cross-examined. electronic document be established and if so, allowed to EXPLAIN them b. Electronic If the statement be inAfter writing they must be of shown to the stating facts of direct personal knowledge the parties affiant c. Testimony: summarily hearing the witness any is put to him concerning them; or basedbefore on authentic records. pursuant above, thequestion court may authorize the presentation and of testimonial evidence by electronic means. Section 9. RECALLING WITNESS Rules: b.Methods Unwillingofor Hostile – oneTo declared by the a. Impeaching a Witness 5. IMPEACHMENT OF Witness WITNESSES: “impeach” court as such upon adequate showing: 2) By athe Party to His Own Witness: witness means to discredit the witness’ 1) a Adverse Party 1)Other of contradictory hisModes adverse interest; General Rule:of A Impeachment: party cannot impeach theimpeached credibility By evidence d)a) Note: However, a witness cannot be testimony. Impeaching a witness is ofby a his own witness. evidence of particular wrongful acts unless c) Exception toreputation the The adverse witness, or b) By general for truth, honesty or there integrity isa 2) unjustified reluctance testify; or 3) By proving action orException: conduct ofto the witness inconsistent withis his fundamental right on cross-examination. 1) By involving him during cross-examination showing of previous conviction by judgment. Existence b) Exception: When the witness hefinal produced or called is an testimony, e.g., failure towitness make an outcry inbe rape unwilling or hostile cannot impeached by bad 3)2) his having misled the party into calling him to the By sowing the impossibility or improbability of his ofc)pending information may not be feeling shown to impeach him. adverse witness, or character. one by theagainst court as adverse 4) By showing bias, interest ordeclared hostile the evidence of his bad By previous inconsistent statements testimony witness stand. party (People vs. Nanas, GRN 137299, Aug. 21, 2001) unwilling or a hostile witness. Section 9. RECALLING WITNESS Rules: 6. b.Nature 7. IMPEACHING of the A WITNESS Rule “Falsus BY EVIDENCE in Uno, OF Falsus PRIOR in However the rule does not really lay down a categorical test of INCONSISTENT Omnibus” credibility. (PeopleSTATEMENTS: vs. Letigo, GRN 112968, Feb. 13, 1997). It is not positive rule ofground law or of universal It should not be the maxim falsus uno,application. in upon omnibus, there 1.a. 2. AUnder witness a may be impeached isin thus bylaid that crosshe a. aUnless Laying Down the Predicate –falsus a evidence process of crossapplied to portions of thea witness testimonywho corroborated by other is a presumption that has willfully given has examination, made at evidence different of time contradictory statements examining a witness upon the point of prior evidence, particularly were the false portions could be innocent false testimony in one detail hastestimony. alsoon testified falselydoain mistakes. Inconsistencies and contradictions minor details inconsistent statements with are his not present admissible to impeach contradictory statements. other respects and may be considered unworthy of belief not impair the credibility of witnesses as they are but natural. witness. as to the rest of his testimony. (People vs. Pacapac, GRN 90623, Sept. 7, 1995) Section 9. RECALLING WITNESS Rules: 8. IDENTIFICATION TESTIMONY: c. Totality of Circumstances Test – a test to resolve the b. Out-of-Court Identification of Suspects: a. Components of Identification Testimony: admissibility and reliability of out-of-court identification 1) Show-ups, where the suspect alone is brought face to face 1) Witnessing a crime, whether as a victim or bystander, of Danger unreliability in following eyewitnessfactors: testimony arises at suspects considering the with theofwitness for identification. involves perception of an event actually occurring; each of these three stages, for whenever people attempt to 1) The witness’ opportunity to view the criminal at the time 4)2) The level of certainty demonstrated by the witness at the Mugretain Shots,and where photographs are shown to the witness to acquire, retrieve information accurately, they are 2) identification The witness must memorize details of the event; and of the crime; identify the suspect. limited bylength normal human fallibilities and suggestive influences. 5) The of time between the crime and the identification; and 3) The witness must be able to recall and communicate 2) The witness’ degree of attention at that time; 3) Line-ups, where a witness identifies the suspect from a (People vs. Teehankee, Jr., GRN 111206-08,procedure. Oct. 6, 1995) 6)3) The suggestiveness of the identification accurately. The accuracy of any prior description givenofbyidentification. the witness; group of persons lined-up for the purpose Section 9. RECALLING WITNESS Rules: 11.WHEN 9. 10.AUTHENTICATION AUTHENTICATION WITNESS MAY AND REFER PROOF TOOF DOCUMENTS: MEMORANDUM: the introduction of evidence sufficient to Classification of Documents Requisites: This rule permits aprivate. witness to refresh memory sustain awritings finding that it is the writinghisthat the a. Documents b. Public All other are 1) Themade entries were written recorded byto the witness 2) He such entries at theortime the events occurred, or respecting a fact by anything written or recorded by proponent of the evidence claims it be; that Public records, keptacts, in the Philippines, of private documents 1) Note: The written official or documents records of the official acts of the 3) In criminal law, are classified into himself; immediately thereafter, or at any other time when the himself or under his direction. This provision applies only required by law to beofficial entered therein. sovereign authority, bodies and tribunals, and public which is necessary to establish the genuineness facts were still fresh in his memory; and The writer must public, official, commercial and private documents. But when it is shown beforehand that there is need to officers, whether of the Philippines, or of a foreign country; 4) A document electronically notarized in accordance with the of aassure document. court when theare entries werein made, those when these types ofthat documents offered evidence, refresh thethe memory of the witness. rules promulgated by the Supreme Electronic 2) Documents acknowledged before a Court. notary (Rules public on except last entries the truth . they fall either public or private documents. Evidence, A.M. No. 01-7-01-SC) willsinto andreflected testaments; and Section 9. RECALLING WITNESS Rules: 12. PROOF OF AUTHENTICITY 13. HANDWRITING: a. DOCUMENT PRIVATE The genuineness of handwriting may be proved: 2) Private Documents that Need bemust Authenticated 1) execution and authenticity be by: b. The By any adue comparison, made by the witness or theproved court to with a. witness who believes itnot to be the handwriting of be Admissible writings admitted or saw treated genuine byexecuted the partyor a) Byperson anyone who theasdocument such because: Any other private document need only be The genuineness and due execution of the document against whom the evidence is offered, or proved to be written; or the a)II. Document; Requisites: b) Actionable Document; An actionable document must be 1) he has seen the person write; or I.Ancient By reciting substance of the document in the Without attaching the document to the pleading, by are deemed admitted when NOT denied under oath by identified as that which it s claimed to be. genuine to the satisfaction of the the judge. I.2) ItItishas more than thirty (30) years old at the time it ought is introduced pleaded: b) By evidence of the genuineness of the signature or III. II. It is does produced not from bear a any custody sign where alteration it to or be he seen writing purporting to be his upon which the pleading and attaching to pleading a copy that reciting into the pleading the entire text of the the in party against whom it was pleaded. It is not even evidence; witness has acted orsuspicion. been charged. document. Handwriting experts are not mandatory. handwriting of the maker. circumstances had it been genuine; of and document; or necessary to formally offer it in evidence.