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Remedial Law Digest Cases

Remedial Law Digest Cases

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Published by Joseph Rinoza Plazo

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Published by: Joseph Rinoza Plazo on Feb 20, 2012
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03/13/2013

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May 31, 2000

Facts: This is a criminal prosecution for rape. The accused was convicted of seven counts of
rape and was sentenced to suffer the penalty of death. Hence, this automatic review by the SC.

Issue: Whether the court erred in appreciating the testimony of one of the witnesses.

Held: On the issue of the prosecution’s failure to formally offer in evidence the testimony of the
victim, the applicable provisions are Sections 34 and 35 of Rule 132 of the Rules of Court.
SEC 34. Offer of evidence. – The court shall consider no evidence which has not
been formally offered. The purpose for which the evidence is offered must be
specified.

60

REMEDIAL LAW
DIGESTS
ATENEO BAR OPERATIONS 2001

SEC 35. When to make offer. – As regards the testimony of a witness, the offer
must be made at the time the witness is called to testify.
Admittedly, the transcripts of the testimonies reveal that the prosecution failed to declare the
purpose for which the testimony of the witness was offered. However, this error will not prevent
said testimony from being appreciated and made part of the evidence for the prosecution. This
is because counsel for the accused failed to seasonable raise an objection thereto. Said
objection could have been done at the time when the victim was called to the witness stand,
without proper explanation thereof or at anytime before the prosecution rested its case.

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