EXAMINATION OF WITNESSES

Rule 132 (Rules of Court)

Done in open court
Under oath or affirmation
Given orally, unless the witness is incapacitated to speak, or the question calls for a different
mode of answer
Entire proceedings are recorded by shorthand or stenotype or other suitable means

RIGHTS AND OBLIGATIONS OF THE WITNESS (Sec. 3)

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 to
be the VERY FACT AT ISSUE or to a fact from which the FACT IN ISSUE WOULD BE
PRESUMED. But the witness must answer to the fact of his previous final conviction for an
offense.

A witness may testify only on those facts which he knows of his OWN KNOWLEDGEknowledge,
recollection, perception (5 senses), actions, state of mind, and operation of mind (opinions, etc.
but frowned upon)

Admission of the testimony of an expert witness is justified when (1) the subject under
examination requires that the court has the aid of knowledge or experience such as men not
especially skilled do not have xxx; (2) witness called as expert must possess the knowledge, skill,
or experience.

ORDER IN THE EXAMINATION OF AN INDIVIDUAL WITNESS (Sec. 5-8)

Direct Examination the examination-in-chief of a witness by the PARTY PRESENTING HIM
on the facts RELEVANT to the issue
Cross-Examination witness may be cross-examined by the ADVERSE party as to ANY
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
Re-Direct Examination witness may be re-examined by the PARTY CALLING HIM, to
EXPLAIN OR SUPPLEMENT his answers given during the cross-examination; questions on
matters not dealt with during the cross-examination, MAY BE ALLOWED by the court in its
discretion
Re-Cross 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

HOW TO DO DIRECT EXAMINATION

One MUST produce his WHOLE CASE AT THE OUTSET
o Facts SUFFICIENT to entitle him a favourable verdict
MUST be SOLIDLY BUILT
o FIRM GRASP of the main lines of evidence and its place in the unfolding of the case
o SKILL in the use of words: lead without appearing to lead, deflect story in the right
direction, EVERY MATERIAL DETAIL (i.e. relevant) brought out before moving on

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 As much as possible, testimony should be WITHIN the allegations of the complaint/pleading
AVOID
o Leading questions NOT allowed (--suggests to the witness the answer which the
examining party desires; test: suggestiveness), except on (1) preliminary matters;
when there is difficulty in getting direct and intelligible answers from witness who is
(2) ignorant; (3) child of tender years; (4) feeble-minded; (5) deaf-mute; (6) unwilling
or hostile witness; (7) witness who is an adverse party or an officer xxx (ex. Did you
shoot deceased on purpose/in self-defense?)
o Questions that assume unproved factsalso leading (ex. State what was the nature of
the current at the point when Sheppard fell inwhen witness didnt know w/n
Sheppard fell or died)
MAY
o Use the phrase if anything to avoid a leading question (ex. What did you do, if
anything?)
o Schwartz recommends:
Making an outline of subjects to Arrange questions in logical order
be covered First few questions designed to put witness at
Prepare questions, particularly ease
hypothetical questions If witness intelligent, let him answer in his own
Frame questions simply way. Interrupt as little as possible
Make questions short and Let the witness hold judges attention
proper Weigh each question xxx
How to do direct examination of expert witness (Francisco, Pleadings & Practice, 82)
o may cover (1) evidence the expert himself saw or observed; (2) that which is not
confined to the facts within his personal knowledgehypothetical question but only
on facts the evidence tends to prove

Q. Doctor, will you please state your full name to the Court? Q. What do you mean by forensic medicine and genetics?
A. Dr. Sheldon A. Hawkes A. Forensic medicine is that area in medical science which
Q. Where do you reside? focuses on determining the cause of death by examining a
A. xxx xxx corpse. Genetics is a disciple of biology and concerns the trait
Q. What is your profession? inheritance of offsprings, molecular structure, etc. of genes.
A. I am a licensed medical surgeon, but I currently work as Q. As a part of your work, Dr. Hawkes, have you had experience
medical examiner and DNA expert for the PNP/NBI. in determining the time and cause of death of a corpse?
Q. Are you duly licensed to practice as a surgeon, medical A. Yes.
examiner and DNA expert in the Philippines? Q. Tell us briefly of your experience along that line.
A. I am. A. xxx xxx
Q. How long have you practiced medicine, Dr. Hawkes? Q. Have you had occasion to test DNA before?
A. 20 years this coming December. A. I have.
Q. Of what medical school are you a graduate, doctor? Q. Tell us briefly of your experience.
A. UST. A. xxx xxx
Q. What other study or training did you have? Q. Doctor, do you know Will Novick, the deceased in this case?
A. I served one year as intern in the PGH. Then I took post A. Yes, I do.
graduate work in UST, Department of Pathology and Q. Did you attend to him on xxx date xxx for purposes of
Bacteriology; also graduate department Harvard University for determining the cause and time of his death?
Genetics, some more post graduate work in New York Post A. Yes I did.
Graduate for Forensic Pathology, and visited a number of clinics Q. What did you do on that occasion, if anything?
here and abroad. A. I made a thorough physical examination.
Q. Have you held a teaching position in any medical institution? Q. Will you tell us the method of examination and technique you
A. Yes. used?
Q. Tell us briefly, about that. A. xxx xxx
A. I taught forensic medicine in UST, genetics in UP.

HOW TO DO CROSS EXAMINATION

Cross examination of every witness is not absolutely necessary, but do not pass up on
opportunity without a clear and persuasive reason
Prepare a statement of probabilities which defense may use as foundation for questioning.
Schweitzer suggests thought on
o Has the witness stated anything that differed in any material respect from testimony
of other witnesses for his side?
o Has direct examination of witness omitted portions of the main event?

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 o Has the witness been convicted of a crime?
o Has the witness shown a weakness in his opportunity for observation of the event?
o Has the witness made a prior inconsistent statement, in writing or orally?
o Is the relationship of the witness to the principal party such that the court may draw
an inference of bias or prejudice?
o Has the witness stated a positive opinion upon matters he could not be positive on?
If cross was not completed due to party offering the witness, uncompleted testimony is
rendered incompetent and should be stricken off the record (Bachrach Motor v. CIR). But if
extensively cross-examined on essential elements/material points of crime, failure to appear
will not warrant striking out of direct exam (People v. Seneris)

HOW TO DO OFFER EVIDENCE

Evidence must be (1) competent; (2) material; and (3) necessary to prove the case
Only evidence formally offered will be considered by the court, but in Ramos v. Dizon, as
long as evidence was (1) duly identified by duly recorded testimony; and (2) incorporated in
the case records (e.g. presented and marked in pre-trial) it may be admitted by the court.1
Made at the time the witness is called to testify:
o Documentary and object evidence offered after the presentation of a partys
testimonial evidence; done orally unless allowed by court to be in writing

OBJECTIONS
Objection to evidence offered orally must be immediately after the offer is made
Objection to question shall be made as soon as the grounds become reasonably apparent
Offer of evidence in writing objected to within 3 days after notice unless different period
allowed by court grounds must be SPECIFIED
Repetition of objection unnecessary when the question is of the same class (w/n overruled or
sustainedconsidered as continuing objection)
IF THE WITNESS HAS ALREADY ANSWERED THE QUESTION before the adverse party
can fully object and objection is meritorious, move to strike the answer off the record
(answers that are [1] incompetent; [2] irrelevant; or [3] improper may also be STRICKEN
OFF)
Ruling of court on objection must be given immediately after objections is made, unless
reasonable time is required, but must always be made during the trial (reason for sustaining or
overruling need not be stated, except if objection is on 2 or more grounds)
Excluded evidence may be tendered by having it attached or made part of the record; if oral,
state for the record the NAME and the PERSONAL CIRCUMSTANCES OF THE WITNESS
and the SUBSTANCE of the testimony

Grounds
o Ambiguous o Confession of co-defendant
o Answer is non-responsive inadmissible
o Answer exceeds scope of o Confrontation face-to-face denied
question/beyond the scope o Displaying evidence prior to its
o Argumentative introduction
o Assumes facts not in evidence o Expert testimony is not
o Badgering the witness admissible US v. Frye (Daubert
o Best Evidence Rule (original Factors)
document) o Expert testimony is not
o Chain of custody not properly competent
established o Failure to lay proper foundation
o Compound question (contains 2 for admission of
or more questions within a single testimony/exhibit/document
question) o Harassing/Badgering the witness
o Conclusion o Hearsay
o Confession involuntary or in o Illegal search/seizure
violation of rights o Immaterial

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 o Incompetency of witness o Narrative response
o Irrelevant o Prior conviction inadmissible
o Lack of basis (raised on direct o Prior sexual behaviour
exam, if question assumes fact o Privileged communication
not on record) o Question has been answered
o Lack of personal knowledge of o Repetitious
witness o Running/continuing objection
o Lay witness opinion/Improper o Sidebar remark of adverse
Opinion counsel
o Leading question on direct o Speculation (conjecture, guess)
examination (question o Trial in absentia
suggests/coaxes desired answer) o Undue Delay
o Legal conclusion o Unintelligible
o Misleading (raised in cross, if o Vague
question assumes fact not on
record)

REMINDERS
After the examination of a witness by both sides has been concluded, the witness cannot be
recalled without leave of court
A witness may be impeached by the party against whom he was called, by contradictory
evidence, by (1) evidence of his general reputation for truth, honesty or integrity is bad, or by
(2) 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
Except for (1) unwilling or hostile witness, or a (2) witness who is an adverse party or an
officer xxx of a corporation xxx which is an adverse party, the party producing a witness is
not allowed to impeach his credibility impeached by evidence that he has made at other
times statements inconsistent with his present testimony xxx he must be asked whether or not
he made such statements, and if so, allowed to explain them
Evidence of good character not admissible until such character is impeached
A witness may be allowed to refresh his memory respecting a fact, by anything written or
recorded by himself, or under his direction at the time when the fact occurred xxx but in such
case the writing or record must be produced and may be inspected by the adverse party, who
may, if he chooses, cross examine the witness upon it xxx
Whenever a writing is shown to an adverse party, it may be inspected by the adverse party
Evidence need not be introduced to prove fact (1) admitted by the adverse party; (2) judicially
noticed; or (3) legally presumed

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