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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.

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