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Presentation of Evidence (Rule 132 RC) : Justice Hilarion L. Aquino

This document outlines the procedures for presenting evidence in court according to Rule 132 of the Rules of Court of the Philippines. It discusses the different types of witness examination, including direct examination, cross examination, re-direct examination, and re-cross examination. It also covers objections that can be made during each type of examination. Additionally, it details the authentication and proof requirements for presenting documentary evidence, including the distinction between private and public documents. The document provides an overview of the key terms, procedures, rules, and requirements for properly examining witnesses and authenticating documents to present evidence in court.

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Raphael Fernand Martinez
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144 views4 pages

Presentation of Evidence (Rule 132 RC) : Justice Hilarion L. Aquino

This document outlines the procedures for presenting evidence in court according to Rule 132 of the Rules of Court of the Philippines. It discusses the different types of witness examination, including direct examination, cross examination, re-direct examination, and re-cross examination. It also covers objections that can be made during each type of examination. Additionally, it details the authentication and proof requirements for presenting documentary evidence, including the distinction between private and public documents. The document provides an overview of the key terms, procedures, rules, and requirements for properly examining witnesses and authenticating documents to present evidence in court.

Uploaded by

Raphael Fernand Martinez
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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PRESENTATION OF EVIDENCE (Rule 132 RC)

Justice Hilarion L. Aquino

I. EXAMINATION OF WITNESS

Note: After reading and studying Rule 132 RC including doctrines, commentaries and
jurisprudence thereof, you are expected to be able to state the meaning/concept, provide
the contents of some procedural incidents and explain the various rules hereunder
mentioned.

A. Terms

1. Kinds of Examination of a Witness:


a. Direct examination
b. Cross examination
c. Re-direct examination
d. Re-cross examination

B. Purposes and Significance of the Various Kinds of Examination

1. Direct Examination (examination in-chief)


2. Cross-Examination
3. Re-direct examination
4. Re-Cross Examination

C. Objections to examination

1. On Direct Examination Questions


a. calls for irrelevant/immaterial evidence
b. against the original document rule
c. hearsay evidence
d. against the rule on inter alios acta
e. leading question
(non-leading question is one which asks What, Who, When, Where)
f. already answered
g. kilometric/repetitious
h. against opinion rule
i. against personal character rule

2. On Cross Examination
a. irrelevant/immaterial
b. violates witness’ right against self-incrimination
c. misleading
d. privileged matter
e. vague
f. compound or equivocal
g. violation of witness’ right against harassing and degrading questions
h. argumentative
D. Basic Doctrines and Rules:

1. Tenor of Questions
a. Direct Examination – non-leading questions
i. Exceptions – leading questions are allowed
 child witness
 preliminary matters
 hostile witness
 adverse party
b. Cross Examination
i. Leading questions are allowed
(Note: the cross-examiner can ask questions on relevant matters
[connected to the issues of the case] even if they have a not been
touched on cross-examination)

2. Impeachment of Witness
a. By contrary statements
b. By general reputation or lack of honesty or integrity
c. Conviction of an offense
(Notes: a party cannot impeach his own witness unless he turns to be a
hostile witness)

3. Miscellaneous Rules
a. One-Day Witness Rule
b. Most important Witness Rule
c. A witness may be allowed to refer to a memorandum while testifying
d. A party cannot demand that the court state the basis of its ruling in the
offer of evidence except when the evidence is of multiple admissibility
e. Judicial affidavit rule
i. Meaning/concept
ii. Attributes and purposes
iii. Scope
 civil Cases
 criminal cases
f. Form and content
g. Lawyer’s attestation
h. Time of Presentation
II. AUTHENTICATION AND PROOF OF DOCUMENT

A. Terms

1. Private Document
a. Those offered as an authentic document
b. Those offered not as an authentic document but as simply a written
instrument

2. Public Document (including official records)


3. Identification of document
4. Attestation Certificate
5. Authentication of document
6. Due execution of document
7. Genuineness of document
8. Electronic evidence
9. Offer of evidence
10. Offer of proof

B. Procedure in the Presentation of Documentary Evidence:

1. In General
a. Document must be authenticated and proved
b. Identified and marked as exhibit
c. Formally offered in open court
2. Classes of Documents
a. Refer to Sec. 19. Rule 132

3. Requirements
a. Public document
i. Identification of the document
ii. Marking of documents as exhibit
iii. Formal offer of evidence in open court

b. Private document
i. If offered as an authentic document
 It must be identified and authenticated
 Its genuineness and due execution are proven
 Formally offered as evidence in open court
ii. If offered as not an authentic document
 Identified and marked as exhibit
 Formally offered as evidence in open court
ADDITIONAL RULES:

1. Self authenticating document


a. Official record (proven by official publication or a copy attested by the public
officer who has legal custody of such record)
b. Notarized document
c. Certified True Copy of a public document
d. Ancient Document

2. Proof on the genuineness and due execution of document


3. Public document under the Electronic Evidence Rule
4. How to prove public records of a private document

NOTE:

Read and study the rules on Electronic Evidence as they relate to the provisions of the
amendments of the Rules of Evidence under the Rules of Court.

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