FINALS REVIEWER on PRACTICE COURT a.

To keep out inadmissible

evidence that would cause harm
I. Lawyer’s Oath: I, ___, of ___, do to a client’s cause
solemnly swear that I will maintain b. To protect the record
allegiance to the Republic of the c. To protect a witness from being
Philippines; I will support its embarrassed on the stand or
Constitution and obey the laws as from being harassed by the
well as the legal orders of the duly opposing counsel
constituted authorities therein; I will d. To expose the adversary’s unfair
do no falsehood, nor consent to the tactics
doing of any in court; I will not e. To give the trial court an
wittingly nor willingly promote or opportunity to correct its own
sue any groundless, false or unlawful errors
suit, or give aid nor consent to the f. To avoid a waiver of the
same; I will delay no man for money inadmissibility of an otherwise
or malice, and will conduct myself as inadmissible evidence
a lawyer according to the best of my V. Rebuttal is the examination by the
knowledge and discretion, and with prosecution of a witness presented
all good fidelity as well to the court by them for the purpose of rebutting
as to my clients; and I impose upon the testimony of a witness presented
myself this voluntary obligation by the defense in their examination-
without any mental reservation or in-chief. Sur-rebuttal is the
purpose of evasion. So help me God. examination by the defense of a
II. Exceptions to the hearsay rule: witness presented by them for the
a. Dying declaration purpose of rebutting the testimony
b. Declaration against interest of a witness presented by the
c. Act or declaration about pedigree prosecution in their examination-in-
d. Family reputation or tradition chief. After the accused or defendant
regarding pedigree has presented his evidence, the
e. Common reputation prosecution and the defense in
f. Part of the res gestae criminal cases or the plaintiff and
g. Entries in the course of business defendant in civil cases, may, in that
h. Entries in official records order, present rebuttal and sur-
i. Commercial lists and the like rebuttal evidence unless the court, in
j. Learned treatises furtherance of justice, permits them
k. Testimony or deposition at a to present additional evidence
former proceeding bearing upon the main issue or their
III. Continuing objection: Rule 132, original case.
Sec. 37 – When I becomes VI. Onus probandi: Rule 131, Sec. 1.
reasonably apparent in the course of Burden of proof – Burden of proof is
the examination of a witness that the the duty of a party to present
question being propounded are of evidence on the facts in issue
the same class as those to which necessary to establish his claim or
objection has been made, whether defense by the amount of evidence
such objection was sustained or required by law. The party, whether
overruled, it shall not be necessary plaintiff or defendant, who asserts
to repeat the objection, it being the affirmative of the issue has the
sufficient for the adverse party to burden of proof to obtain a favorable
record his continuing objection to judgment. The burden of proof is
such class of questions. (Put it in fixed by the pleadings. The claim of
record) the plaintiff which he must prove, is
IV. Purposes of objections: spelled out in his complaint. The
defendant’s defenses which he must
likewise prove are to be found in his
 answer to the complaint. The XI. Bail in murder cases: File a motion
burdens of proof of both parties do to be allowed to post bail on the
not shift during the course of the ground that evidence of prosecution
trial. for murder is weak. Even if the
VII. Burden of evidence (or burden of accused has no right to bail in
coming forward with the evidence) murder cases, the court may still
is the duty of a party to go forward allow the accused to post bail if the
with the evidence to overthrow the evidence of his guilt is not strong.
prima facie evidence against him. XII. Plea bargaining: Rule 116, Sec. 2 –
The burden of going forward of At arraignment, the accused, with
evidence may shift from one side to the consent of the offended party
the other as the exigencies of the and the prosecutor, may be allowed
trial require, and shifts with by the trial court to plead guilty to a
alternating frequency. As the trial lesser offense which is necessarily
progresses, one party may have included in the offense charged.
presented the evidence that weigh After arraignment but before trial,
heavily in his favor and sufficient to the accused may still be allowed to
convince the court of the justness of plead guilty to said lesser offense
his claim. If this occurs, the other after withdrawing his plea of not
party has burden to come forward guilty. No amendment of the
with his own evidence to counteract complaint or information is
whatever positive impression which necessary. (This leads to less work
the evidence of the other party may because there is no long drawn-out
have created in the mind of the trial so the investigators no longer
court. have to dig for additional evidence to
VIII. Rule 133, Sec. 39 – Striking out secure a conviction for the higher
answer – Should a witness answer crime.)
the question before the adverse XIII. Secondary evidence: Rule 130, Sec.
party had the opportunity to voice 5 – When original document is
fully its objection to the same, and unavailable – When the original
such objection is found to be document has been lost or destroyed
meritorious, the court shall sustain or cannot be produced in court, the
the objection and order the answer offeror, upon proof of its execution
given to be stricken off the record. or existence and the cause of its
On proper motion, the court may unavailability without bad faith on
also order the striking out of his part, may prove its contents by a
answers which are incompetent, copy, or by a recital of its contents in
irrelevant or otherwise improper. some authentic document, or by the
IX. Proffer of evidence: Rule 133, Sec. testimony of witnesses in the order
40 – Tender of excluded evidence – stated.
If documents or things offered in XIV. What to do if original document was
evidence are excluded by the court, lost in case of forged signature: Ask
the offeror may have the same for stipulation by the other party. If
attached to or made part of the he does not agree, ask the court to be
record. If the evidence excluded is allowed to present the original for
oral, the offeror may state for the comparison and identification.
record the name and other personal XV. Preliminary investigation: Under
circumstances of the witness and the Section 1, Rule 112 of the Rules of
substance of the proposed Court, preliminary investigation is
testimony. an inquiry or proceeding made
X. Rehabilitation of impeached whenever the offense charged is
witness: By rebutting the evidence punishable by imprisonment of
presented to impeach a witness. more than 4 years, 2 months and 1
day without regard to the fine to
 determine whether there is ascertain from the examining
sufficient ground to engender a well- witness the facts that did and did not
founded belief that a crime has been occur prior to the filing of the action.
committed and that the respondent Generally, leading questions are not
is probably guilty thereof. One allowed in direct examination
purpose is to prevent the filing of because these questions suggest to
malicious, vexatious and unfounded the examining witness the answers
charge against innocent persons. that the examining party desires.
Another purpose it to prevent However, there are exceptions: 1) in
unnecessary expenses and waste of cross-examination, 2) preliminary
time on the part of the State in the matters, 3) when there is difficulty in
prosecution of cases. getting an intelligible answer from a
XVI. Pre-trial: Pre-trial is known as the witness who is ignorant, feeble-
mandatory conference ordered by minded or a child of tender years,
the court wherein the contending and 4) whenever the witness is an
parties and their respective counsels officer, director or agent of a
would have a personal confrontation corporation whether domestic or not
before the judge. Pre-trial is or a partner in a partnership and the
mandatory, both in criminal and civil corporation or partnership is an
cases. In civil cases, the non- adverse party to the case.
appearance of the plaintiff or his XVIII. Misleading questions assume as
authorized representative would true those facts not yet testified or
result in the dismissal of the case. In those facts contrary to what the
criminal cases, the non-appearance witness previously stated. They are
of the private complainant would not not allowed in cross-examination as
cause the dismissal of the case. The well as in direct examination.
court instead may impose sanctions However, they can be allowed as
on the said party. Under Rule 18 of when there was waiver or when the
the Rules of Court, the matters to be expert witness is given some
considered in civil cases are: 1) hypothetical questions by the
simplification of issues, 2) the examining party. An example of this
propriety of rendering a summary question would be: “You earlier
judgment or judgment on the testified that you were driving at a
pleadings, 3) necessity of amending moderate speed, how fast were you
the pleadings, 4) to determine driving?” The question is misleading
whether or not to undergo a trial because despite the previous
conference under a commissioner, 5) declaration of the witness that he
other matters that would aid in the was only driving at a moderate pace,
speedy disposition of cases, and 6) the examining counsel still mad it
limitation as to the number of appear otherwise.
witnesses. Under Rule 118 of the XIX. If the objection was overruled by
Rules of Court, the matters to be the judge, the lawyer should still be a
considered during a pre-trial gentleman and behave in a proper
conference in criminal cases are: 1) and modest manner. He should
stipulation of facts, 2) plea conduct himself in a way that is
bargaining, 3) marking of evidence more or less appropriate with the
of the parties, 4) waiver of the most noble profession in the world.
objection regarding the admissibility Furthermore, the lawyer should
of evidence, and 5) modification of always remember that he himself is
the order of trial. an officer if the court.
XVII. Direct examination: Direct XX. Yes, the document may be
examination is the examination-in- withdrawn or excluded. This is not
chief of a witness by the party prohibited since the document has
presenting him. Its purpose is to not been formally offered yet. The
 withdrawal is allowed whenever the the plaintiff has completed the
proponent finds no more use for the presentation of his evidence. In a
document. Also when the document criminal case, demurrer may be after
has been lost or destroyed without the prosecution rests its case. If
bad faith on the part of the made with leave, it must be filed
proponent, the subsequent within a non-extendible period of 5
withdrawal may be allowed. The days after the prosecution rests its
proponent of the withdrawal can ask case.
the court before the presentation of XXIV. In a civil case, leave of court is not
the evidence. required before filing a demurrer. In
XXI. Arraignment is the formal mode of a criminal case, a demurrer is filed
implementing the constitutional with or without leave of court. In a
right of the accused to be informed civil case, the quantum of evidence
of the nature of the accusation considered to grant or deny the
against him. It is conducted before demurrer is a mere preponderance
the court where the complaint or of evidence. In a criminal case,
information has been filed or proof beyond reasonable doubt is
assigned for trial. It is done in open considered. In a civil case, if a
court by the judge or clerk by demurrer is granted, the order of
furnishing the accused a copy of the dismissal is appealable while it is not
complaint or information reading it appealable if granted in a criminal
in a language or dialect known to case because of the constitutional
him and asking him whether he policy against double jeopardy. In a
pleads guilty or not. Both the civil case, if the demurrer is denied,
arraignment and plea shall be made the defendant may proceed to
of record but failure to enter of present his evidence while in a
record shall not affect the validity of criminal case, the accused may
the proceedings. It is done within 30 proceed to produce his evidence
days from acquisition of jurisdiction only if the demurrer is filed with
over the person of the accused. leave of court. In a civil case, if the
XXII. Exclusion of witnesses: Witnesses demurrer is granted but later
who are not testifying but present in reversed on appeal, the defendant
Court is not allowed because the loses his right to present evidence.
witness who us just there to watch In a criminal case, if the demurrer is
the case and is not yet in turn to denied, the accused waives his right
testify may concoct stories or to present evidence if the demurrer
connive with other parties or change is filed without leave of court.
statements. The rules on exclusion XXV. A motion to quash is a motion that
are not applicable when the witness may be filed by an accused, at any
is an expert or the witness is the time before entering his plea, to void
complainant or accused himself. The or nullify the complaint or
court cannot prevent the accused information filed against him. It
nor the complainant to be present in must be in writing, signed by the
court because their presence is accused or his counsel and shall
important to the trial and to conduct distinctly specify its factual and legal
fair trial. grounds. The grounds are:
XXIII. Demurrer is a motion that may be a. That the facts charged do not
filed by the defendant or the accused constitute an offense
seeking the dismissal of the action b. That the court trying the case has
on the ground of insufficiency of no jurisdiction over the offense
evidence, or that upon the facts and charged
the law the plaintiff has shown no c. That the court trying the case has
right to relief. In a civil case, the no jurisdiction over the person of
defendant may file a demurrer after the accused
d. That the officer who filed the waiver of any objection except those
information had no authority to based on:
do so a. Failure to charge an offense
e. That it does not conform b. Lack of jurisdiction over the
substantially to the prescribed offense
form c. Extinction of criminal liability
f. That more than one offense is d. Double jeopardy
charged except when a single XXVI. Obligations and rights of a
punishment for various offenses witness: As a rule, a witness has an
is prescribed by law obligation to answer questions,
g. That the criminal action or although his answer may tend to
liability has been extinguished establish a claim against him. It is
h. That it contains averments the right of a witness:
which, if true, would constitute a a. To be protected from irrelevant,
legal excuse or justification improper or insulting questions
i. That the accused has been and from harsh or insulting
previously convicted or acquitted demeanor
of the offense charged, or the b. Not to be detained longer than
case against him was dismissed the interests of justice require
or otherwise terminated without c. Not to be examined except only
his express consent. as to matters pertinent to the
The court shall consider no ground issue
other than those stated in the d. Not to give an answer which will
motion, except lack of jurisdiction tend to subject him to a penalty
over the offense charged. If the for an offense unless otherwise
motion to quash is sustained, the provided by law
court may order that another e. Not to give an answer which will
complaint or information be filed tend to degrade his reputation,
except if the motion is based on the unless it be to the very fact at
ground that the criminal action or issue or to a fact from which the
liability has been extinguished, or fact in issue would be presumed.
that the accused has been previously But a witness must answer to the
convicted or acquitted of the offense fact of his previous final
charged, or the case against him was conviction for an offense
dismissed or otherwise terminated XXVII. After the examination of a witness
without his express consent. If the by both sides has been concluded,
order is made, the accused, if in the witness cannot be recalled
custody, shall not be discharged without leave of court. The court
unless admitted to bail. If no order will grant or withhold leave in its
is made or if having been made, no discretion, as the interests of justice
new information is filed within the may require.
time specified in the order or within XXVIII.Res inter alios acta alteri nocere
such further time as the court may non debet literally means that
allow for good cause, the accused, if “things done between strangers
in custody, shall be discharged ought not to injure those who are
unless he is also in custody for not parties to them”. In the Rules of
another charge. The failure of the Court, res inter alios acta is
accused to assert any ground of a expressed in two rules:
motion to quash before he pleads to a. The rights of a party cannot be
the complaint or information, either prejudiced by an act, declaration
because he did not file a motion to or omission of another (except as
quash or failed to allege the same in provided in the Rules such as
said motion, shall be deemed a admission by a co-partner or
agent, admission by conspirator,
 admission by privies and iii. The good or bad moral
admission by silence) character of the offended
b. Evidence that one did or did not party may be proved if it
do a certain thing at one time is tends to establish in any
not admissible to prove that he reasonable degree the
did or did not do the same or probability or
similar thing at another time; but improbability of the
it may be received to prove a offense charged
specific intent or knowledge, b. In civil cases: Evidence of the
identity, plan, system, scheme, moral character of a party in a
habit, custom, usage and the like civil case is admissible only when
XXIX. As a general rule, opinion of a pertinent to the issue of
witness is not admissible. However, character involved in the case.
the rule is subject to 2 exceptions: Evidence of good character of a
a. Opinion of an expert witness or witness is admissible when such
an opinion of a witness on a character has been impeached
matter requiring special XXXI. Rule 132, Sec. 11. Impeachment of
knowledge, skill, experience or adverse party’s witness – A witness
training which he is shown to may be impeached by the party
possess against whom he was called, by
b. Opinion of an ordinary witness, contradictory evidence, by evidence
for which proper basis is given, that his general reputation for truth,
regarding: honesty or integrity is bad, or by
i. The identity of a person evidence that he has made at other
about whom he has times statements inconsistent with
absolute knowledge his present testimony, but not by
ii. A handwriting with which evidence of particular wrongful acts,
he has sufficient except that it may be shown by the
familiarity examination of the witness, or the
iii. The mental sanity of a record of the judgment, that he has
person with whom he is been convicted of an offense.
sufficiently acquainted XXXII. Rule 132, Sec. 12. Party may not
iv. His impressions of the impeach his own witness – Except
emotion, behavior, with respect to unwilling or hostile
condition or appearance witnesses or a witness who is an
of a person adverse party of an officer, director
XXX. As a general rule, character or managing agent of a public or
evidence is not admissible in private corporation or of a
evidence. However, the rule has partnership or association which is
exceptions: an adverse party, the party
a. In criminal cases: producing a witness is not allowed
i. The accused may prove to impeach his credibility. A witness
his good moral character may be considered as unwilling or
which is pertinent to the hostile only if so declared by the
moral trait involved in the court upon adequate showing of his
offense charged adverse interest, unjustified
ii. Unless in rebuttal, the reluctance to testify, or his having
prosecution may not misled the party into calling him to
prove his bad moral the witness stand. The unwilling or
character which is hostile witness so declared, or the
pertinent to the moral witness who is an adverse party,
trait involved in the may be impeached by the party
offense charged presenting him in all respects as if he
had been called by the adverse party,
 except by evidence of his bad
character. He may also be
impeached and cross-examined by
the adverse party, but such cross-
examination must only be on the
subject matter of his examination-in-
chief.
XXXIII. Rule 132, Sec. 13 – Before a witness
can be impeached by evidence that
he has made at other times
statements inconsistent with his
present testimony, the statements
must be related to him, with the
circumstances of the times and
places and the persons present, and
he mush be asked whether he made
such statements, and if so, allowed to
explain them. If the statements be in
writing, they must be shown to the
witness before any question is put to
him concerning them.