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Rule 132, Section 36.

OBJECTION – Objection to evidence shown, cannot be availed of because of subsequent proof of


offered orally must be made immediately after the offer is disqualification.
made.
Waiver of objection to oral evidence
Land Bank vs. Veronica (GR 176692, June 27, 2012)
1. An objection may be expressly waived.
Objection to a question propounded in the course of the oral 2. Implied waiver;
examination of a witness shall be made as soon as the grounds
therefore shall become reasonably apparent. Examples:
a. Failure to make the objection at the proper time
An offer of evidence in writing shall be objected to within 3 b. Curing of an error of admission by the opponent’s
days after notice of the offer unless a different period is subsequent use of evidence similar to that already
allowed by the court. objected to or prior use of similar inadmissible
evidence
In any case, the grounds for the objections must be specified. c. Testimony stricken out during the direct examination,
where on cross-examination, counsel asked questions
Specific grounds of objection.
from the witness in connection with answers given in
The usual grounds for objection are the following: the direct examination.

a. Objection to the question for being leading; Effect of waiver of objection or failure to object
b. Objection to the question for it calls for hearsay
Failure to object evidence at time it is offered is a waiver of
evidence;
objections to its admissibility. The waiver is operative, not only
c. Objection to the question for lack of basis, or it
as to substantially the same testimony given in other portions
assumes a fact not established;
of the examination of the witness and subsequent proceedings
d. Objection to the question for it invades the field of
on the trial, but also as affecting the right to have questions of
confidential communication;
its admissibility reviewed on appeal or writ of error.
e. Objection to the question for being vague;
f. Objection to the question for it calls for a conclusion
of law;
g. Objection to the question for it calls for a conclusion
of fact;
h. Objection to the question for being argumentative;
i. Objection to the question for the proper foundation
has not been laid;
j. Objection to the question for it calls for the opinion of
the witness;
k. Objection to the question for being misleading;
l. Objection to the question for it has already been
answered;
m. Objection to the question for the witness is
incompetent;
n. Objection to the question for being inadmissible
under the parol evidence rule;
o. Objection to the question for it attempts to elicit from
the witness self-serving evidence;
p. Objection to the question for the document offered is
self-serving;
q. Objection to the question for it tends to elicit evidence
which is not the best evidence;
r. Objection to the question for it calls for parol evidence
of an alleged agreement under the statutes of fraud;
s. Objection to the question for being improper in cross-
examination;
t. Objection to the question for being improper in re-
direct examination; and
u. Objection to the question for being improper in re-
cross examination.

Effect of Failure to Object

The failure to object to incompetent evidence has been held not


to render other incompetent evidence admissible in
corroboration thereof. Nor by having failed to object to the
admission of improper evidence at one time does a party lose
or waive the right to object to like evidence when it is offered
at a later stage of the proceedings.

Premature Objection

An objection to evidence cannot be made in advance of the


offer of the evidence sought to be introduced.

Example: An objection to the testimony of a witness on the


ground that he is disqualified, before such disqualification is

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