VII. PRESENTATION OF
EVIDENCE
A. EXAMINATION OF
WITNESS
MANNER OF EXAMINATION [Rule 132, Sec.
1]
• In open court;
• Under oath/affirmation.
MODE OF ANSWERING
• General rule: Oral answers.
• Exception:
1) Witness is incapacitated to speak;
2) Question calls for a different mode of
answer.
• The testimony of the witness should be elicited
by questions of counsel. But the court may
itself propound questions either on the direct or
cross examination of the witness. [People v.
Moreno (1988)]
EXCEPTIONS IN GENERAL
1) Testimony of witness in civil cases may be
given by depositions. [Rule 23 and 24]
2) Depositions or conditional examinations are
allowed in criminal cases. [Rule 119 and 123]
• Mere presentation of the affidavits of
prosecution witnesses subject to crossexamination
is not allowed by the ROC.
[People v. Estenzo (1976)]
3) Affidavits are allowed in cases covered by Rule
on Summary Procedure
• The admissibility of evidence should not be
confused with its probative
value. Admissibility refers to the question
of whether certain pieces of evidence are to
be considered at all, while probative value
refers to the question of whether the
admitted evidence proves an issue. Thus, a
particular item of evidence may be
admissible, but its evidentiary weight
depends on judicial evaluation within the
guidelines provided by the rules of evidence
[Heirs of Sabanpan v. Comorposa, (2003)]
• Hence, although affidavits of witnesses are
allowed/admissible under the Rule on
Summary Procedure, these may not have
any probative value.
RECORD OF PROCEEDINGS [Rule 132, Sec. 2]
• The entire proceedings of a trial/hearing should
be recorded, including:
• The questions propounded to a witness and
his answer thereto;
• Statements made by the judge or any of
the parties/counsels/witnesses with
reference to the case.
• Means of recording:
1) By shorthand;
2) By stenotype;
3) Other means found suitable by the court.
TRANSCRIPT
• TSN shall be made by the official stenographer/
stenotypist/recorder. He shall certify it as
correct, and it shall be deemed prima facie a
correct statement of the proceedings.
• That a judge did not hear a case does not
necessarily render him less competent in
assessing the credibility of witnesses. He can
rely on the TSN of their testimony and calibrate
them in accordance with their conformity to
common experience, knowledge and
observation of ordinary men. Such reliance
does not violate substantive and procedural
due process of law. [People v. Cadley (2004)]
RIGHTS AND OBLIGATIONS [Rule 132, Sec.
3]
• Obligation of a witness: To answer questions,
although his answer may tend to establish a
claim against him.
• Rights 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;
• “Unless provided by law” refers to
immunity statutes such as those which
the witness is granted immunity from
criminal prosecution for offenses
admitted (e.g. Sec. 8, RA 1379).
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.
ORDER OF EXAMINATION [Rule 132, Sec. 4]
DIRECT EXAMINATION
[Rule 132, Sec. 5]
• Examination-in-chief of a witness by the party presenting him, on the facts relevant to the
issue.
CROSS-EXAMINATION
[Rule 132, Sec. 6]
• When conducted: Upon the termination
of the direct examination.
• Matters covered: Witness may be crossexamined
by the adverse party:
1) As to any matter 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;
2) To elicit all important facts bearing
upon the issue.
RE-DIRECT EXAMINATION
[Rule 132, Sec. 7]
• When conducted: After the crossexamination
of the witness has been
concluded.
• Why conducted: To explain or
supplement his answers given during
the cross-examination.
• On re-direct-examination, the court
in its discretion may allow questions
LEADING AND MISLEADING QUESTIONS
[Rule 132, Sec. 10]
• MISLEADING QUESTIONS – Questions that
assume as true a fact not yet testified to by the
witness, or contrary to that which he has
previously stated. They are not allowed.
• LEADING QUESTIONS – Questions that
suggest to the witness the answer which the
examining party desires.
• General rule: Leading questions are not
allowed.
• Exception:
1) On cross examination;
2) On preliminary matters;
3) 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;
• It is usual and proper for the court
to permit leading questions in
conducting the examination of a
witness who is immature; aged and
infirm; in bad physical condition;
uneducated; ignorant of, or
unaccustomed to, court
proceedings; inexperienced;
unsophisticated; feeble-minded; of
sluggish mental equipment;
confused and agitated; terrified;
timid or embarrassed while on the
stand; lacking in comprehension of
questions asked or slow to
understand; deaf and dumb; or
unable to speak or understand the
English language or only
imperfectly familiar therewith.
[People v. Dela Cruz (2002)]
4) On an unwilling or hostile witness;
• A witness may be considered
hostile only when declared by the
court, upon adequate showing of
his: [Rule 132, Sec. 12]
a) Adverse interest;
b) Unjustified reluctance to
testify;
c) His having misled the party into
calling him to the witness
stand.
5) On a witness who is an adverse party
or an officer/director or managing
agent of a public/private corporation or
of a partnership/association which is an
adverse party.
