PRACTICE COURT 101

A PRACTICAL GUIDE IN PRACTICE COURT 1

By JUDGE GLOBERT J. JUSTALERO

Purpose of the Subject

The primary aim of this subject is to teach future lawyers the basic and
practical way of mastering the art of litigating criminal and civil cases before the
court of justice. The students will be properly guided on how to prepare their
cases, criminal or civil, even before they could file them in court or before the
office of the prosecution. The subject will also include the effective and correct
procedure in the preparation and conduct of pre-trial conference, which is
mandatory to both in civil and criminal cases.

In the trial of their cases, law students will be taught on how to make the
formal offer of exhibits and how to properly mark them during the pre-trial
conference or on the course of the presentation of their evidence. Also a
component of this subject is on how to conduct direct examination of a witness
when the case is governed by Judicial Affidavit Rule, as well as the intelligent way
of doing the direct examination when the case is outside the ambit of Judicial
Affidavit Rule. For the reason that trial lawyers are not mere passive spectators
during the trial, but rather pro-active participants, this subject will also equip
them on when to interpose timely objections as well as the proper form of
objections. Most importantly, the subject will likewise train future lawyers on the
art of cross examination, which is the most exciting part of the trial, and which
most often than not, will make or break a lawyer’s case.

The moment law students will be able master the basic procedure in the
trial of criminal and civil cases, it will build up confidence in their ability and
prepare them for actual cases in court. Experience would educate us that the
hearing of cases could be reasonably sped up if trial lawyers are better prepared
when they litigate their cases in court. It is always a very sorry and sad sight to see
lawyers got lost or looked confused during pre-trial conference, or even went
astray, like a headless chicken, in the conduct of direct or cross examination, and
not to mention of lawyers who does not even know how to properly mark his own
exhibit, as well as to interpose the correct objections. This subject will surely
address these simple transgressions of trial lawyers as it will ultimately result to a
speedy resolution of cases in court, without sacrificing procedural due process.

CLASSROOM WORKSHOP
1. GROUPINGS.
For each section, students will be organized into two (2) groups; one
group will represent the plaintiff (prosecution) and the other group as
defendant (accused), with each group composed of at least five (5) to six (6)
members. The members for each group shall designate among themselves
who will act as the lawyers (prosecutor), the party-plaintiff (offended party) or
party-defendant (accused), as the case may be, and their respective
witness(es). Aside from the litigating parties, there will also be the so-called

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 Trial Support Group, wherein the Student-Judge and court personnel such as
Court Interpreters and Court Stenographers, will be sourced and selected.
2. SUGGESTED CASES.
Each group will look for a case ripe for trial based on a real-life
controversy, whether civil or criminal sourced from existing court cases, or
cases which have been decided by the Supreme Court. Once they have
decided on a particular case, either criminal or civil case, they have to agree
among themselves who will represent the plaintiff and defendant in civil case,
and the prosecutor and accused for criminal case. In the preparation of the
case, they should coordinate and confer with each other with the end in view
of presenting a credible and interesting case. The lawyers and parties as well
as witness shall use their actual and true names. The court will not allow the
use of fictitious names.
The proposed criminal cases for Practice Court 1, are RAPE and MURDER.
For Practice Court 2, the suggested civil cases are Declaration of Nullity of
Marriage and Recovery of Ownership.
The following are some of the requirements:
1. Copies of the documents of the case are available for copying:
I. In civil cases:

a. The complaint;
b. The answer;
c. Reply;
d. Rejoinder;
e. The judicial affidavit of witnesses;
f. The documentary and object evidence.
The foregoing provisions of the Rules of Court are helpful guide in the
preparation of complaint in civil cases.
RULE 7
PARTS AND CONTENTS OF A PLEADING
Section 1. Caption. – The caption sets forth the name of the court, the title of
the action, and the docket number if assigned.
The title of the action indicates the names of the parties. They shall all be
named in the original complaint or petition; but in subsequent pleadings, it shall
be sufficient if the name of the first party on each side be stated with an
appropriate indication when there are other parties.
Their respective participation in the case shall be indicated.
1. Caption of the Pleading

2. Title of the Action

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 3. Body of the Pleading

4. Headings; designation of causes of action joined in one complaint

5. Allegations of ultimate facts

Sample form:
Republic of the Philippines
Regional Trial Court
6th Judicial Region
Branch 32
Iloilo City

Juan Dela Cruz, Civil Case No. 20 - 12345

Plaintiff

-versus- For: Sum of Money

Pedro Reyes,
Defendant.

Section 2.The body. — The body of the pleading sets fourth its designation, the
allegations of the party's claims or defenses, the relief prayed for, and the date
of the pleading.

(a) Paragraphs. — The allegations in the body of a pleading shall be

divided into paragraphs so numbered to be readily identified, each of
which shall contain a statement of a single set of circumstances so far as
that can be done with convenience. A paragraph may be referred to by its
number in all succeeding pleadings.

(b) Headings. — When two or more causes of action are joined the
statement of the first shall be prefaced by the words "first cause of
action,'' of the second by "second cause of action", and so on for the
others.

When one or more paragraphs in the ANSWER are addressed to one of

several causes of action in the complaint, they shall be prefaced by the
words "answer to the first cause of action" or "answer to the second
cause of action" and so on; and when one or more paragraphs of the
answer are addressed to several causes of action, they shall be prefaced
by words to that effect.

(c) Relief. — The pleading shall specify the relief sought, but it may add a
general prayer for such further or other relief as may be deemed just or
equitable.

(d) Date. — Every pleading shall be dated.

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Section. 3. Signature and address. – (a) Every pleading and other written
submission to the court must be signed by the party or counsel representing
him OR HER.
(b)The signature of counsel constitutes a certificate by him OR HER
that he OR SHE has read the pleading AND DOCUMENT; that to the
best of his OR HER knowledge, information, and belief, FORMED
AFTER AN INQUIRY REASONABLE UNDER THE CIRCUMSTANCES:

(1) IT IS NOT BEING PRESENTED FOR ANY IMPROPER PURPOSE,

SUCH AS TO HARASS, CAUSE UNNECESSARY DELAY, OR
NEEDLESSLY INCREASE THE COST OF LITIGATION;

(2) THE CLAIMS, DEFENSES AND OTHER LEGAL CONTENTIONS

ARE WARRANTED BY EXISTING LAW OR JURISPRUDENCE OR
BY NON-FRIVOLOUS ARGUMENT FOR EXTENDING,
MODIFYING, OR REVERSING EXISTING JURISPRUDENCE;

(3) THE FACTUAL CONTENTIONS HAVE EVIDENTIARY SUPPORT

OR, IF SPECIFICALLY SO IDENTIFIED, WILL LIKELY HAVE
EVIDENTIARY SUPPORT AFTER AVAILMENT OF THE MODES
OF DISCOVERY UNDER THESE RULES; AND

(4) THE DENIALS OF FACTUAL CONTENTIONS ARE WARRANTED

ON THE EVIDENCE OR, IF SPECIFICALLY SO IDENTIFIED ARE
REASONABLY BASED ON BELIEF OR A LACK OF
INFORMATION.
© IF THE COURT DETERMINES, ON MOTION OR MOTU PROPRIO AND AFTER
NOTICE AND HEARING, THAT THIS RULE HAS BEEN VIOLATED, IT MAY IMPOSE
AN APPROPRIATE SANCTION OR REFER SUCH VIOLATION TO THE PROPER
OFFICE FOR DISCIPLINARY ACTION, ON ANY ATTORNEY, LAW FIRM, or party that
violated the rule, or is responsible for the violation. Absent exceptional
circumstances, a law firm shall be held jointly and severally liable for a violation
committed by its partner, associate, or employee. The sanction may include, but
shall not be limited to, non-monetary directive or sanction; an order to pay a
penalty in court; or, if imposed on motion and warranted for effective
deterrence, an order directing payment to the movant of part or all of the
reasonable attorney’s fees and other expenses directly resulting from the
violation, including attorney’s fees for the filing of the motion for sanction. The
lawyer or law firm cannot pass on the monetary penalty to the client.
Section. 4. Verification. – Except when otherwise specifically required by law or
rule, pleading need not be under oath, verified or accompanied by affidavit.
A pleading is verified by an affidavit of an affiant duly authorized to sign
said verification. The authorization of the affiant to act on behalf of a party,
whether in the form of a secretary’s certificate or a special power of attorney,
should be attached to the pleading, and shall allege the following attestations:

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(a) The allegations in the pleading are true and correct based on his or her personal
knowledge, or based on authentic documents;

(b) The pleading is not filed to harass, cause unnecessary delay, or needlessly
increase the cost of litigation; and

(c) The factual allegations therein have evidentiary support or, if specifically
soidentified, will likewise have evidentiary support after a reasonable opportunity
for discovery. The signature of the affiant shall further serve as a certification of
the truthfulness of the allegations in the pleading.

The signature of the affiant shall further serve as a certification of the truthfulness
of the allegations in the pleading.

A pleading required to be THAT contains a verification based on

“information and belief” or upon “ knowledge, information and belief,” or lacks
a proper verification, shall be treated as an unsigned pleading (As amended by
A.M. No. 00-2-10, May 1, 2000)
Section. 5. Certification against forum shopping. – The plaintiff or the principal
party shall certify under oath in the complaint or other initiatory pleading
asserting a claim for relief, or in a sworn certification annexed thereto and
simultaneously filed therewith: (a) that he has not theretofore commenced any
action or filed any claim involving the same issued in any court, tribunal or
quasi-judicial agency and, to the best of his knowledge, no such other action or
claim is pending therein; (b) if there is such other action or claim, a complete
statement of the present status thereof; (c) if he should thereafter learn that
the same or similar action or claim has been filed or is pending, he shall report
that fact within five (5) CALENDAR days therefrom to the court wherein his
aforesaid complaint or initiatory pleading has been filed.
The authorization of the affiant to act on behalf of a party, whether in the
form of a secretary’s certificate or a special power of attorney, should be attached
to the pleading.

Failure to comply with the foregoing requirements shall not be curable by mere
amendment of the complaint or other initiatory pleading but shall be cause for
the dismissal of the case without prejudice, unless otherwise provided, upon
motion and hearing. The submission of a false certification or non-compliance
with any of the undertakings therein shall constitute indirect contempt of court,
without prejudice to the corresponding administrative and criminal actions. If
the acts of the party or his counsel clearly constitute willful and deliberate
forum shopping, the same shall be ground for summary dismissal with prejudice
and shall constitute direct contempt, as well as a cause for administrative
sanctions.
Sample form: Verification / Certification against non-forum shopping
VERIFICATION / CERTIFICATION AGAINST NON-FORUM SHOPPING

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 REPUBLIC OF THE PHILIPPINES)
CITY OF ILOILO ) S.S.

I Juan Dela Cruz, of legal age, Filipino citizen, married, and a resident of
Barangay San Roque, Jaro, Iloilo City, Philippines, after having been duly dworn
to in accordance with law do hereby depose and say:
1. That I am the plaintiff in the above-entitled case;
2. That I have caused the preparation of the foregoing Complaint an dhave
read the allegations contained therein;
3. That the allegations in the said Complaint are true and correct of my own
knowledge and authentic records;
4. I hereby certify that I have not commenced any other action or proceeding
involving the same issues in the Supreme Court, Court of Appeals, or any
other tribunal or agency;
5. That if I should thereafter learned that a similar action or proceedings has
been filed or is pending before the Supreme Court, Court of Appeals, or any
other tribunal or agency, I hereby undertake to report the fact within five
(5) days therefrom to the court or agency wherein the original pleading and
sworn certification contemplated herein have been filed.
6. I execute this verification/certification to attest to the truth of the foregoing
facts and to comply with the provisions of Adm. Circular No. 04-94 of the
Honorable Supreme Court.

IN WITNESS WHEREOF, I have hereunto affixed my signature this ____ day

of February, 2012, in the City of Iloilo.
Section 6. Contents. — Every pleading stating a party’s claims or defenses shall, in
addition to those mandated by Section 2, Rule 7, state the following:

(a) Names of witnesses who will be presented to prove a party’s claim or defense;

(b) Summary of the witnesses’ intended testimonies, provided that the judicial
affidavits of said witnesses shall be attached to the pleading and form an integral
part thereof. Only witnesses whose judicial affidavits are attached to the pleading
shall be presented by the parties during trial. Except if a party presents meritorious
reasons as basis for the admission of additional witnesses, no other witness or
affidavit shall be heard or admitted by the court; and

(c) Documentary and object evidence in support of the allegations contained in the
pleading. (n)

RULE 8
MANNER OF MAKING ALLEGATIONS IN PLEADINGS

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Section 1. In general. – Every pleading shall contain a methodical and logical
form, a plain, concise and direct statement of the ultimate facts, INCLUDING
THE EVIDENCE on which the party pleading relies for his claim or defense, as
the case may be, omitting the statement of mere evidentiary facts.
If A CAUSE OF ACTION or defense relied on is based on law, the pertinent
provisions thereof and their applicability to him shall be clearly and concisely
stated.
Section. 2. Alternative causes of action or defenses. – A party may set forth two
or more statements of a claim or defense alternatively or hypothetically, either
in one cause of action or defense or in separate causes of action or defenses.
When two or more statements are made in the alternative and one of them if
made independently would be sufficient, the pleading is not made insufficient
by the insufficiency of one or more of the alternative statements.
Section. 7. Action or defense based on document. – Whenever an action or
defense is based upon a written instrument or document, the substance of such
instrument or document shall be set forth in the pleading, and the original or a
copy thereof shall be attached to the pleading as an exhibit, which shall be
deemed to be a part of the pleading, or said copy may with like effect be set
forth in the pleading.
Section. 8. How to contest such documents. – When an action or defense is
founded upon a written instrument, copied in or attached to the corresponding
pleading as provided in the preceding Section, the genuineness and due
execution of the instrument shall be deemed admitted unless the adverse party,
under oath, specifically denies them, and sets forth what he OR SHE claims to be
the facts; but the requirement of an oath does not apply when the adverse
party does not appear to be a party to the instrument or when compliance with
an order for an inspection of the original instrument is refused.
Section. 10. Specific denial. – A defendant must specify each material allegation
of fact the truth of which he OR SHE does not admit and, whenever practicable,
shall set forth the substance of the matters upon which he OR SHE relies to
support his denial. Where a defendant desires to deny only a part of an
averment, she shall so specify so much of it as is true and material and shall
deny only the remainder. Where a defendant is without knowledge or
information sufficient to form a belief as to the truth of a material avernment
made in the complaint, he OR SHE shall so state, and this shall have the effect of
a denial.
Section 12. Affirmative defenses. — (a) A defendant shall raise his or her
affirmative defenses in his or her answer, which shall be limited to the reasons set
forth under Section 5(b), Rule 6, and the following grounds:

1. That the court has no jurisdiction over the person of the defending
party;

2.That venue is improperly laid;

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 1. That the plaintiff has no legal capacity to sue;

2. That the pleading asserting the claim states no cause of action; and

3. That a condition precedent for filing the claim has not been complied
with.

(b)Failure to raise the affirmative defences at the earliest opportunity shall

constitute a waiver thereof.

© The court shall motu proprio resolves the above affirmative defences
within thirty (30) calendar days from the filing of the answer.

(d)As to the other affirmative defences under the first paragraph of Section
5 (b), Rule 6, the court may conduct a summary hearing within fifteen (15)
calendar days from the filing of the answer. Such affirmative defences
shall be resolved by the court within thirty (30) calendar days from the
termination of the summary hearing.

€. Affirmative defences, if denied, shall not be the subject of a motion for

reconsideration, or petition for certiorari, prohibition or mandamus, but
may be among the matters to be raised on appeal after a judgment on the
merits.

II. In criminal cases:

a. The information;
b. The documentary and object evidence;
c. The judicial affidavits of witnesses;
d. The counter-affidavit of the accused.

2. The case would be of human interest.

3. The testimony of at least two (2) witnesses for each side would be
sufficient to prove its case; and
4. The opposing theories of the case are both plausible, thus giving each
side a good fighting chance to win over the other. (Abad and Abad-
Gamo)

3 SERVICE OF DOCUMENTS ON OPPONENT GROUP. –

To prevent surprises, the contending parties shall furnish one another
with all their documentary evidence, as well as object evidence, which they
intend to present during the trial. The Court Interpreter should see to it that
before the conduct of Pre-Trial conference, the parties have furnished each
other with their documentary evidence and such other pieces of evidence.
4 FURNISH COPIES OF JUDICIAL AFFIDAVIT OF WITNESSES – All cases, both
civil and criminal shall be governed by the Judicial Affidavit Rule.

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 5. SUBMISSION OF TRIAL BRIEFS (not pre-trial briefs)
Nature and Purpose:
A good trial brief is a complete orderly digest of the facts, pleadings and law
which enables the lawyer to proceed through each stage of his introduction of
proof in a smooth confident manner with the self-assurance that he has not left
part of his case in the office, and that he will not fail to prove a material part of his
case (Richardson, James R. Establishing a Law Practice)
Contents:
A good trial brief must contain the following:
1. General outline of the case;
2. Brief narration of the fact;
3. Summary of the pleadings for both sides;
4. Applicable authorities – statutes, judicial decisions and commentaries;
5. Points of facts to be established during the trial with corresponding
testimonial and documentary evidence to support each point;
6. List of witnesses and their respective testimonies; and
7. List of documentary evidence with their proposed markings
Test of a good trial brief
Every trial lawyer uses a trial brief in court, though they differ widely in
form and content. Those with experience in court as an observer have noted the
attorney who searches madly through a scrambled pile of papers on his desk, and
then possibly holds up the trial while he phones his offices for an important
paper. This lawyer has the haphazard trial brief totally without plan or form which
at times causes him to demonstrate publicly that he has not properly prepared
himself for trial. In other words, this is the way how not to prepare a trial brief.
(Richardson)
5.TRIAL SUPPORT GROUP
The trial group is composed of the following, which will be appointed or
designated by each group.

a. Student- Judge
b. The Branch Clerk of Court (who is also to act as the time-
keeper)
c. Court Interpreter
d. One Court Stenographers
6.TRIAL PROPER

a. Plaintiff or Prosecutor shall have eight (8) minutes to

present his or her case.
b. The adverse counsel shall have ten (10) minutes to
cross-examine the witness.

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 c. The professor shall then call at random non-
participating students to conduct additional cross-
examination or redirect examination, as the case
may be, which is limited only to at least five (5)
questions. This will be properly monitored and
graded by the Professor.

In this light, the non-participating students should

listen attentively while the witness is on the
witness stand or must have a copy of the judicial
affidavit of the testifying witness.

d. Rebuttal evidence shall be optional.

e. The lead counsel shall have ten (10) minutes each
for oral argument or summation at the end of the
trial.
f. The student-Judge shall immediately render his or
her decision, which shall be inappealable.
g. The entire class shall make a critique of the trial.
h. The trial shall be conducted with courtesy, civility,
and friendliness among counsels and witnesses.
CEREMONIALS FOR CLASSROOM TRIAL
1. When everybody is ready for trial, and the Judge is on his bench, the Court
Interpreter will say: All rise. The Court is now in session. Hon. (name of the judge),
presiding. Silence is hereby enjoined.”
2. Judge bangs his gavel twice, (will omit the court’s prayer) instead the judge
shall request the participants to have a silent prayer, and after which request
them to be seated.
3. Judge to the Court Interpreter “Call the cases.”
4. Interpreter calls the scheduled cases for trial. (first call)
This is how it is done: “Criminal case No. 21-2020, People of the Philippines
versus Juan De La Cruz, for Murder. Prosecutor Delfin Gregorio for the
prosecution, Atty. Greg Salas as private prosecutor (assuming there is one), Atty.
Vicente Tirol and Cristian Pueblo, counsels for the accused, for arraignment or
pre-trial or presentation of evidence, as the case may be.
5.After which, the Judge will say: “Appearances”
6 . Lawyers enter their appearances, first the plaintiff’s lawyers (Prosecutor), then
the defendant’s lawyer (accused).
In making their appearances during the first call, lawyers will simply state
his or her name and whether he or she is appearing for the plaintiff (prosecution)
or for the defendant (accused).
Criminal Case

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 “Prosecutor Delfin Gregorio, appearing as public prosecutor, representing
the State or People of the Philippines. Ready for arraignment or pre trial your
Honor.”
“Atty. Greg Salas, appearing as private prosecutor (if any) under the control
and supervision of the public prosecutor. Ready for arraignment or pre-trial your
Honor.”
“Atty. Vicente Tirol and Cristian Pueblo, as counsels for the accused. Ready
for arraignment or pre-trial your Honor.”
Civil Case for Pre-trial conference
“Atty. Juan Luna, appearing as counsel for the plaintiff. Ready for pre-trial
your Honor.”
Atty Peter Cruz, appearing as counsel for the defendant. Ready for pre-trial
you Honor.”
Please take note that the so called “first call” is for the purpose of knowing
which cases are ready for pre-trial or trial and for the Judge to rationalize which
case should be called first.
After the “first call,” the cases now should be called again on the “second
call,” but this time it is for (arraignment proper) or pre-trial or trial on the merits.
Once your case is called, the lawyer would merely say: “The same appearance for
the plaintiff (prosecution) your Honor” or “The same appearance for the
defendant (accused) your Honor.”
(1)PROPOSAL FOR STIPULATION
7.In criminal case, after the arraignment, the court shall immediately conduct the
pre-trial conference, and the judge shall actively participate in the conduct of pre-
trial conference and he will be the one to make the proposal for admission by the
counsel of the parties. For example, the judge would say:
In criminal case
1. “Would the parties agree that the accused is the same accused who was
arraigned earlier?” The parties, meaning the prosecutor and the
defense, may admit or deny the proposal by simply saying: “We admit
that your Honor” or “We deny that your Honor.”

2. “Would the parties agree that the victim and the accused lived in the
same barangay Barangay San Roque, Jaro, Iloilo City?”
Note: The judge may also the counsels for the parties for additional proposals.
In civil case
(a) “Do the parties admit the existence of the Deed of Sale?” The counsels for
the parties may either deny or admit the same, by saying: “The plaintiff
denies/admit the existence of the deed of sale.” On the other hand, the

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 counsel for the defendant may also state: “The defendant admits/denies
the same.”
(b) “Is the plaintiff occupying the subject premises, continuously and publicly
in the concept of an owner?” The counsels for the parties may either deny
or admit the same, by saying: “The plaintiff denies/admit the existence of
the deed of sale.” On the other hand, the counsel for the defendant may
also state: “The defendant admits/denies the same.”
Note: The judge may also allow the counsels for the parties to make or propose
additional proposals.
(2) MARKING OF EXHIBITS
After the termination of the “proposals for admission” the next step to be
taken is the marking of exhibits. The Judge shall state: “Counsel for the plaintiff
(prosecutor) are you ready to mark your object and documentary exhibits?” The
counsel would then reply: “Yes, Your Honor.” The judge would say: “You now may
proceed.”
The counsel for the plaintiff manifests: “Your Honor, we would like to request that
the following exhibits shall be marked as follows:
Criminal case
Your Honor, we would to request that a copy of the Medical Certificate,
dated February 8, 2020, consisting of two (2) pages, be marked as Exhibit “A,”
which is being offered to prove that a medical examination was conducted on the
person of the private complainant. The Judge would say to the Interpreter: “Mark
it.”
The signature above the printed name Dr. Joy Pineda to be encircled and
marked as Exhibit “A-1,” to proved the due execution and genuineness of said
Medical Certificate. Judge to the Interpreter: “Mark it.”
Civil case
“Exhibit “A” is the machine copy of the deed of sale, consisting of three (2)
pages, dated ___________ and executed by the plaintiff and defendant. This deed
of sale is being offered to prove the fact that the plaintiff and the defendant
executed a deed of sale of the subject property. The judge to the Interpreter:
“Mark it.”
The signatures of the plaintiff and the defendant above their printed
names, be marked and encircled as Exhibit “A-1” and “A-2” respectively. These
are being offered for admission to prove the due execution and authenticity of
the deed of sale. The judge to the Interpreter: “Mark them accordingly.”
After the marking of exhibits by the plaintiff, the defendant would also
mark his object and documentary evidence, and state the purpose or purposes of
the formal offer.
3. NAMES OF WITNESS/ES

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 When the marking of exhibits is done, the court then will ask the parties to
name their respective witness/es, beginning with the prosecutor or plaintiff. The
counsel for the prosecution or plaintiff would state: “Your Honor, the following
are the names of our witnesses.”
“1. Albert Sison, the private complainant or plaintiff, his testimony is being
formally offered to prove the following: (a) that he is the victim or plaintiff in this
case; (b) that he will identify the accused as the perpetrator and to testify on how
the crime was committed. Or in the civil case, to prove on how the plaintiff was
able to acquire the subject property through a deed of sale executed by him and
the defendant.”
“2. Juan Ramos. His testimony is formally offered to prove that he was
present and witnessed on how the accused perpetrated the crime. Or in civil case,
he was present during the execution of the deed of sale.”
After the prosecutor or plaintiff is through in listing his witnesses, it is now
the turn of the accused or defendant to name his witnesses and the purpose/s for
which they are being offered.
4. IDENTIFY THE ISSUE OR ISSUES
The judge may propose to the parties the issue or issues that will be
considered during the trial. The Judge may also ask the parties to make an
additional proposal as the issue or issues that will be addressed during the course
of the trial.
5. THE THEORY OF THE PARTIES
The judge may inquire from the parties their respective theory or theories
that they will pursue in the course of the proceedings.
For example, in criminal case, the prosecution may manifest as their theory that it
was the accused who committed the crime charged. On the other hand, the
defense may propose as theory “self defense,” “alibi” or “denial.”
In civil case, the plaintiff may state that his theory is that he becomes the
owner of the subject property through a deed of sale executed by him and the
defendant. The defendant may manifest that theory of his case is that his
signature was forged by the plaintiff in the deed of sale.
6.TRIAL DATES
The court will assign trial dates for the prosecution or plaintiff and advise
him to terminate the presentation of his evidence within three (3) months period
counting from the termination of the pre-trial conference. After the presentation
of the evidence by the prosecutor or plaintiff, the court will also assign trial dates
for the accused or defendant and to present and terminate the presentation of
his evidence within three (3) months period. The court shall inform the parties
that in the conduct of trial, they have to observe the “Material Witness Rule” and
the “One day Examination of Witness Rule.”

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 After the pre-trial conference, the court will issue a Pre-Trial Order,
incorporating therein what had transpired during the pre-trial conference.
TRIAL PROPER
The judge shall request the Interpreter to call the case/s, and the
appearances of the counsels for the parties.
1. When asked by the Judge if the parties are ready, plaintiff (prosecution) calls
his or her first witness. This is how to do it: “Your Honor, the plaintiff
(prosecution) is ready and he calls to the witness stand Mr/Ms (name of the
witness).
2. With the witness’ right hand raised, he will be sworn in by the Court Interpreter
and asked: “Do you swear to tell the truth, the whole truth and nothing but the
truth in this proceeding?” Then the Court Interpreter shall take the witness’
personal circumstances, and after which, he/she (Court Interpreter) faces the
Judge and states for the record the personal circumstances of the witness. This is
how the Court Interpreter manifests: “Your Honor, the name of the witness is
(state his or her name), 40 years of age, Married, Businessman or
Businesswoman, and a resident of (state thee name of his or her residence). After
which, the Court Interpreter would say to the proponent: “Your witness.”
3. Lawyer asks court’s permission to proceed.
“May it please the court” Or “May I proceed your Honor.”
4.Lawyer makes an offer of the testimony of the witness.
Formal offer of the testimony of the witness is very important for the
reason that evidence which has not been formally offered shall not be considered
by the court.
It is also of very important that counsels shall be familar on when to make
the formal offer of evidence, considering that there are various kinds of evidence,
such testimonial, object and documentary.
In making the offer of evidence, like testimonial evidence, it is not
necessary to quote the entire statement or testimony of the witness; the
substance of the testimony would be sufficient.
Like for example, the proponent calls to the witness stand an eye witness,
which is a testimonial evidence. This is how he proceeds in making the formal
offer, thus:
“May it please the court. Your Honor, the testimony of Mr Arturo Cruz is
being offered for admission to prove the following:
1. That he is an eye witness to the stabbing incident that happened in the
evening of March 15, 2020 at Brgy. San Vicente, Jaro, Iloilo City;

2. That he would be identifying the accused in this case;

3. That he would be identifying his affidavit or sworn statement;

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 4. And for such other matters or purposes which are relevant and material
to the case under consideration.
5.Lawyer begins his direct examination. If the case is governed by Judicial Affidavit
Rule, this is the proper way of conducting the direct examination:
Proponent: “May it please the court.”
Judge: You may proceed.
Proponent: “Thank you Your Honor.”
Proponent to the witness:
(Assuming that the case is governed by the Judicial Affidavit Rule)
1. Question: “In connection with this case, do you recall having executed a
judicial affidavit?”
Answer: “Yes, Sir.”
2. Question: “Is this the judicial affidavit you are referring to, which has been
pre-marked as Exhibit “A” during the Pre-trial conference, consisting of five
(5) pages, dated February 8, 2020?” ( show to the witness the judicial
affidavit)
Answer: “Yes, Sir, that is my judicial affidavit.”
3. Question: “Found on page 4 of this judicial affidavit, and above the printed
name “Juan dela Cruz” there is a signature, could you please tell us whose
signature is this?”
Answer: “That is my signature.”
Manifestation: “Your Honor, may I request that the signature above the printed
name “Juan dela Cruz” be encircled and marked as Exhibit “A-1.”
Judge: “Mark it.”
Proponent: “Thank you, Your Honor.”
4. Question: “Likewise, found on the same page, and above the printed name
“Atty Rodrigo Aquino” there is a signature, please tell the court if whose
signature is this?”
Answer: “That is the signature of Atty. Rodrigo Aquino.”
5. Question: “How did you know that this is the signature of Atty. Rodrigo
Aquino?” (This is to prove the authenticity and due execution of the judicial
affidavit.)
Answer: “I saw him affixing his signature.” Or “I was present when his signed the
judicial affidavit.”
Manifestation: “Your Honor, may I request that the signature above the printed
name Atty. Ping Sotto, be encircled and marked as Exhibit “A-2.”

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Judge: “Mark it.”
Proponent: “Thank you Your Honor.”
6. Question: “On page 6 of the same judicial affidavit, and above the printed
name Atty. Vicente Ramos, there is a signature, could you tell the court if
whose signature is this?”
Witness: “That is the signature of Atty. Vicente Ramos.”
7. Question: “How do you know that this is the signature of Atty. Vicente
Ramos?” (This is asked to prove the authenticity and due execution of
judicial affidavit.)
Answer: “I was present when he signed it.”
Manifestation: “Your Honor, it is respectfully requested that the signature above
the printed name Atty. Vicente Ramos be encircled and marked as Exhibit “A-3.”
Judge: “Mark it.”
Proponent: “Thank you, Your Honor.”
8. Question: “Do you affirm and confirm that what you have stated in this
judicial affidavit is true and correct and based on your personal
knowledge?”
Witness: “Yes, Sir.”
Manifestation: “Your Honor, may I request that this Judicial Affidavit, which has
been marked as Exhibit “A,” consisting of 5 pages and dated February 8, 2020,
shall serve as the direct testimony of the witness.”
Judge: “That is noted.”
Manifestation: “That is all for the witness.”
Judge to the Opponent: “You may now proceed to conduct your cross-
examination.” The counsel for the opponent shall then conduct his cross-
examination.
On Cross Examination
1. If the counsel for the defendant (accused) believes that there is no need to
conduct cross examination, he may simply manifest: “No cross, your
Honor” otherwise, he may proceed to conduct the same. When cross has
been terminated, plaintiff’s (prosecution) counsel may conduct re-direct
examination.

2. If there is no need to do the same, he may simply state: “No re-direct, your
Honor.”

If the plaintiff (prosecution) has no more witness to present, he may

manifest to the court: “Your Honor, Mr/Ms (state the name of the witness)
is our last witness and we have no other witness to present, and we are

16
 now ready to make an oral formal offer of our exhibits.” The Judge then
say: “You may proceed.”

3. In making an oral formal offer of exhibits, he may state:

Exhibit “A” which is (state or describe the exhibit), is being formally offered
to prove (state the purpose)
Exhibit “B” which is (state or describe the exhibit), is being formally offered
to prove (state the purpose)
4. After making the offer for each and every exhibit, his last manifestation, is
something like this: “Your Honor, Exhibits “A” and “B” and their respective
sub-markings are also being offered for admission as part of the
testimonies of the witnesses for the plaintiff (prosecution)

5. Defendant’s (accused) counsel will make an oral comment or oral objection

to the formal offer of evidence. He would say, for instance, Your Honor, we
object to plaintiff’s Exhibit A, which is the (describe the document) on the
ground that it self-serving (or for any other grounds)

6. Court will make its ruling. The ruling to the oral formal offer of exhibits by
the plaintiff or (prosecution) shall also be done orally and in open court.

7. Plaintiff (prosecution) will rest his case. He will simply say: “Your Honor,
with the admission of all our object and documentary evidence, the plaintiff
(prosecution) most respectfully rests its case.
Proceedings after the prosecutor or plaintiff rests it case:
1. The Judge then asks the counsel for the defendant (accused) if he will be
making an oral for leave of court to file demurrer to evidence.

2. The defendant (accused) has the option either to make an oral motion for
leave of court to file demurrer to evidence or he will proceed to present his
evidence. (Abad and Abad-Gamo)

3. If he chooses the present his evidence, the procedure to be followed is just

like the conduct of direct examination by the proponent.
Presentation of Rebuttal or Sur-Rebuttal evidence, if warranted.
Before the rendition of judgment in civil case or promulgation of sentence
in criminal case, the respective counsel shall deliver a 5 to 8 minutes summation
of their cases.
Judgment.

CRIMINAL CASES

Order of Trial in Criminal Cases

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 1. Arraignment
2. Pre-Trial Conference
3. Presentation of evidence by the prosecution
4. Presentation of evidence by the accused
5. Rebuttal
6. Sur-Rebuttal
ORDER OF TRIAL IN CIVIL CASE
1. Pre-trial conference
2. Presentation of witnesses by the plaintiff
3. Presentation of witnesses by the defendant
4. Rebuttal and
5. Sur rebuttal.
6. Judgment

RULE 116
ARRAIGNMENT AND PLEA
The Revised Guidelines for Continuous Trial of Criminal Cases (RGCTCC)
Arraignment and Pre-Trial
(a) Schedule of Arraignment and Pre-trial – Once the court has acquired
jurisdiction over the person of the accused, the arraignment of the accused
and the pre-trial shall be set within ten (10) calendar days from the date
the court’s receipt of the case for a detained accused, and within thirty (30)
calendar days from the date the court acquires jurisdiction (either by arrest
or voluntary surrender) over a non-detained accused, unless a shorter
period is provided by special law or Supreme Court circular.

The court must set the arraignment of the accused in the commitment
order, in the case of detained accused, or in the order of approval of bail, in any
other case. For this purpose, the Executive Judge and Pairing Judge act on bail
applications in cases assigned to other courts, they shall coordinate with the
courts to which the cases are actually assigned for scheduling purposes.
(b) Notice of Arraignment and Pre-trial – Notice of arraignment and pre-trial
shall be sent to the accused, his/her counsel, private complainant or
complaining law enforcement agent, public prosecutor, and witnesses
whose names appear in the information for purposes of plea-bargaining,
arraignment and pre-trial.

© Waiver of Reading of the Information – In multiple cases, the court, upon

personal examination of the accused, may allow a waiver of the reading of
the information upon the full understanding and express consent of the
accused and his/her counsel, which consent shall be expressly stated in
both the minutes/ certificate of arraignment and the order of arraignment.

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 The court shall explain the waiver to the accused in the language or dialect
known to him/her and ensure the accused’s full understanding of the
consequences of the waiver before approving the same.

i. Plea of Guilty to the Crimes Charged in the Information – If the accused

pleads guilty to the crime charged in the Information, judgment shall be
immediately rendered, except in those cases involving capital
punishment.

ii. Where No Plea Bargaining or Plea of Guilty Takes Place – If the accused
does not enter a plea of guilty, whether to a lesser offense or to the
offense charged in the Information, the court shall immediately proceed
with the arraignment and the pre-trial, in accordance with the
succeeding provisions on pre-trial.
The schedule of the trial dates, for both the prosecution and the
accused, shall be continuous and within the periods provided in the
Regular Rules/ Special Rules. The trial dates may be shortened
depending on the number of witnesses to be presented. In this regard, a
flowchart shall be prepared by the court which shall serve as the final
schedule of hearings.
Conduct of Pre-Trial

i. Absence of Parties – The court shall proceed with the pre-trial

despite the absence of the accused and/or private complainant,
provided they were duly notified of the same, and the counsel for the
accused, as well as the public prosecutor, are present.

ii. Stipulations – Proposals for stipulation shall be done with the active
participation of the court itself and shall not be left alone to the
counsels.

iii. Marking of Evidence – The documentary evidence of the prosecution

and the accused shall be marked.

iv. Pre-trial order – The Pre-Trial Order shall immediately be served

upon the parties and counsel on the same day after the termination
of the pre-trial.

v. Compliance with Rules – Courts must strictly comply with the

Guidelines to be Observed in the Conduct of Pre-trial under A.M. No.
03-1-09-SC.

Arraignment is an indispensable requirement of due process. It consists of

the judge’s or clerk of court’s reading of the criminal complaint or information to

19
the defendant. At this stage, the accused is granted, for the first time, the
opportunity to be officially informed of the nature and cause of the accusation.
Without a prior arraignment, the accused cannot invoke double jeopardy.
Note too that if the accused has not been arraigned, he cannot be tried in
absentia.
Duty of the court before arraignment
Before arraignment, the court shall (a) inform the accused of his right to
counsel; (b) ask him if he desires to have one; and (c) must assign a counsel de
officio to depend him unless accused (i) is allowed to defend himself in person; or
(ii) has employed a counsel of his choice.
Options of the accused before arraignment and plea
Before arraignment and plea, the accused may avail of any of the following
legal remedies:
(a) Bill of particulars (the subject of which is the complaint or information)
(b) Suspension of arraignment (unsound mind of the accused; prejudicial
question and petition for review with the DOJ)
(c) Motion to quash
(d) Challenge the validity of arrest or legality of the warrant issued or assail
the regularity or question the absence of a preliminary investigation of
the charge.

RULE 118
PRE-TRIAL

Section 1. Pre-trial; mandatory in criminal cases. — In all criminal cases

cognizable by the Sandiganbayan, Regional Trial Court, Metropolitan Trial Court,
Municipal Trial Court in Cities, Municipal Trial Court and Municipal Circuit Trial
Court, the court shall after arraignment and within thirty (30) days from the
date the court acquires jurisdiction over the person of the accused, unless a
shorter period is provided for in special laws or circulars of the Supreme Court,
order a pre-trial conference to consider the following:

(a) plea bargaining;

(b) stipulation of facts;

(c) marking for identification of evidence of the parties;

(d) waiver of objections to admissibility of evidence;

(e) modification of the order of trial if the accused admits the charge but
interposes a lawful defense; and

(f) such other matters as will promote a fair and expeditious trial of the
criminal and civil aspects of the case. (secs. 2 and 3, cir. 38-98)

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 Objectives of pre-trial:
One of the objectives of pre-trial conference is to take the trial of
cases out of the realm of surprise and maneuvering. Pre-trial is primarily
intended to make certain that all issues necessary to the disposition of a cause
are properly raised. To obviate the element of surprise, parties are expected to
disclose at a pre-trial conference, all issues of law and fact, which they intend
to raise at the trial, except such as may involve privileged or impeaching
matter (Permanent Concrete Products, Inv. Vs. Teodoro, G.R. No. L – 29766,
November 29, 1968, 26 SCRA 332).
Purpose of pre-trial:
In general, it is the purpose of the pre-trial conference to simplify the
issues, shape up the testimonial and documentary evidence, and generally to
clear the desks for trial.
Under existing rules, no evidence shall be allowed to be presented and
offered during the trial other than those identified and marked during the pre-
trial except when allowed by the court for good cause shown (I-B[2], A.M. no.
03-1-0-SC, July 13, 2004, effective August 16, 2004)
Court where pre-trial is mandatory (BAR 1986, 1989, 2004, 2006)
Like a pre-trial in a civil case which is mandatory (Sec. 2, Rule 18, Rules
of Court), a pre-trial in a criminal case is also mandatory (Sec. 1, Rule 118)
Pre-trial is mandatory in all criminal cases cognizable by the following
courts:
1. Sandiganbayan;
2. Regional Trial Court
3. Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial
Court, Municipal Circuit Trial Court (Sec. 1, Rule 118)

When pre-trial shall be held

Under The Revised Guidelines for Continuous Trial of Criminal Cases,
“Once the court has acquired jurisdiction over the person of the accused, the
arraignment of the accused and the pre-trial shall be set within ten (10)
calendar days from the date of the court’s receipt of the case for a detained
accused, and within thirty (30) calendar days from the date the court acquires
jurisdiction either by arrest or voluntary surrender over a non-detained
accused, unless a shorter period is provided by special law or Supreme Court
circular.”
Procedure for plea bargaining
Routinely, the judge asks the prosecution and the accused if they like to
engage in plea bargaining. If they so agree, the following, as dictated by the
circumstances of the individual case, are proposed:

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 1. To make or not to oppose favorable recommendations as to the sentence
which should be imposed if the accused enters a plea of guilty to the
offense charged;

2. The plea of guilty to a lesser offense; if the lesser offense is necessarily

included in the offense charged there is no need to amend the information,
however, if not necessarily included in the information, the information
should be dismissed and a new one filed;

3. The presence of mitigating and absence of aggravating circumstances or

the imposable penalty be probationable; and

4. The dismissal of other charges against the accused if he enters a plea of

guilty to the charge under consideration.

Section 2. Pre-trial agreement. — All agreements or admissions made or

entered during the pre-trial conference shall be reduced in writing and signed
by the accused and counsel, otherwise, they cannot be used against the
accused. The agreements covering the matters referred to in section 1 of this
Rule shall be approved by the court. (sec. 4, cir. 38-98)

Necessity of the accused affixing his signature in the Pre-trial Order

Under the above provision, all agreements or admissions made or entered

during the pre-trial conference shall be reduced in writing and signed by the
accused and counsel, otherwise, they cannot be used against the accused. The
agreements covering the matters referred to in section 1 of this Rule shall be
approved by the court.

Following are some of plea bargaining areas suggested in the Bench book for
Judges, Criminal Procedure:
1. For the accused to change his plea to a lesser or different offense in return
for the dismissal of other count/s with or without credit, for the plea of
guilty as a mitigating circumstance; or

2. For the accused to change his plea of not guilty to that of guilty to one or
more of the counts of a multi-count indictment in return for the dismissal
of other count/s with or without credit for the plea of guilty as a mitigating
circumstance; or

3. For the accused to change his plea of not guilty to that of guilty to the
offense charged, in return for the offended party’s waiver of the whole or
part of the civil liability or damages; or
4. For the accused to change his plea of not guilty to that of guilty to the
offense charged, in return for the elimination of one, some, or all of the
generic aggravating circumstances alleged in the information/complaint; or

22
 5. For the accused to plea bargain on the nature, duration or the amount of
the imposable penalty within the allowable range.

WHEN THERE IS PLEA BARGAINING

1. The accused and his/her counsel shall manifest that they agree to enter
into plea bargaining on any of the forms above-described. If the
prosecution and offended party agree to the plea offered by the accused,
issue an order making on record the plea bargaining arrived at and duly
implemented.

2. In case of any such change of plea to one of guilty, proceed to received

evidence on the civil aspect before rendering judgment, unless the
offended party waives the civil action or his/her claim for civil liability or
damages, reserves the right to institute the civil action separately, or has
instituted the civil action before the criminal action.

3. Render and promulgate judgment of conviction, including therein, in the

proper case, the civil liability or damages duly established by the evidence.

Section 3. Non-appearance at pre-trial conference. — If the counsel for the

accused or the prosecutor does not appear at the pre-trial conference and does
not offer an acceptable excuse for his lack of cooperation, the court may impose
proper sanctions or penalties. (sec. 5, cir. 38-98)

Pre-trial shall be held after arraignment and within thirty (30) days from the
date the court acquires jurisdiction over the person of the accused, unless a
shorter period is provided for in special laws or circulars of the Supreme Court.
If the counsel for the accused or the prosecutor does not appear in the pre-
trial conference, the court may impose the proper sanctions or penalties, if the
counsel or prosecutor absent does not offer an acceptable excuse for his lack of
cooperation.
Duty of the Judge before the pre-trial conference
Before the pre-trial conference, the judge must study the allegations in the
information, the statements in the affidavits of witnesses and other documents
which form part of the record of the preliminary investigation.
Asking questions during the pre-trial
During the pre-trial, the judge shall be the one to ask the questions on
issues raised therein and all questions must be directed to him to avoid hostilities
between the parties (I-B[7], A.M. No. 03-1-09-SC, July 13, 2004, effective August
16, 2004)

Section 4. Pre-trial order. — After the pre-trial conference, the court shall issue
an order reciting the actions taken, the facts stipulated, and evidence marked.
Such order shall bind the parties, limit the trial to matters not disposed of, and

23
control the course of the action during the trial, unless modified by the court to
prevent manifest injustice.

Issue a pre-trial order within ten (10) days after the termination of the pre-trial
setting forth:
1. The actions taken during the pre-trial conference;
2. The facts stipulated;
3. The admissions made;
4. The evidence marked;
5. The theories of the prosecution and defense;
6. The number of witnesses to be presented; and
7. The schedule of trial;

RULE 119
TRIAL
When trial shall commence
Trial shall commence within thirty (30) days from receipt of the pre-trial
order (Sec. 1 of Rule 119)

Section 11. Order of trial. — The trial shall proceed in the following order:

(a) The prosecution shall present evidence to prove the charge and, in the
proper case, the civil liability.

(b) The accused may present evidence to prove his defense, and damages,
if any, arising from the issuance of a provisional remedy in the case.

(c) The prosecution and the defense may, in that order, present rebuttal
and sur-rebuttal evidence unless the court, in furtherance of justice,
permits them to present additional evidence bearing upon the main issue.

(d) Upon admission of the evidence of the parties, the case shall be
deemed submitted for decision unless the court directs them to argue
orally or to submit written memoranda.

(e) When the accused admits the act or omission charged in the complaint
or information but interposes a lawful defense, the order of trial may be
modified.

What is the Order of trial in criminal case?

(a) The prosecution shall present evidence to prove the charge and, in the
proper case, the civil liability.

In the event that the accused invoked exculpating evidence like self-
defense, defense of relative, minority or insanity and the like, in crimes
against person, the court may issue an order for the inverse trial, wherein it

24
 is the accused that should present evidence first and followed by the
prosecution on rebuttal.

When there is an inverse trial in a criminal case, it should be remembered

that it involves only the “shift of evidence,” but the “burden of proof” to
establish the guilt of the accused always lies with the prosecution. For
example in a criminal case for homicide wherein the accused proffered self-
defense to exculpate him from criminal accountability, the court may issue
an order for an inverse trial wherein it should be the accused that should
present evidence first. Even though the accused had admitted the killing,
still the prosecution was mandated to offer evidence to proof the guilt of
the accused beyond a shadow of doubt.

(b) The accused may present evidence to prove his defense, and damages,
if any, arising from the issuance of a provisional remedy in the case.

(c) The prosecution and the defense may, in that order, present rebuttal
and sur-rebuttal evidence unless the court, in furtherance of justice,
permits them to present additional evidence bearing upon the main issue.

(d) Upon admission of the evidence of the parties, the case shall be deemed
submitted for decision unless the court directs them to argue orally or to
submit written memoranda.

(e) When the accused admits the act or omission charged in the complaint
or information but interposes a lawful defense, the order of trial may be
modified.

Section 6. Oral offer of exhibits. — The offer of evidence, the comment or

objection thereto, and the court ruling shall be made orally in accordance with
Sections 34 to 40 of Rule 132. (n)

SECTIONS 34 TO 40 OF RULE 132, PROVIDE:

“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.

SEC. 35. WHEN TO MAKE OFFER. – ALL EVIDENCE MUST BE OFFERED ORALLY

THE OFFER OF THE TESTIMONY OF A WITNESS MUST BE MADE AT THE TIME THE
WITNESS IS CALLED TO TESTIFY.

THE OFFER OF DOCUMENTARY AND OBJECT EVIDENCE SHALL BE MADE AFTER THE
PRESENTATION OF A PARTY’S TESTIMONIAL EVIDENCE.

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SEC. 36. OBJECTION. – OBJECTION TO OFFER OF EVIDENCE MUST BE MADE ORALLY
IMMEDIATELY AFTER THE OFFER IS MADE.
OBJECTION TO THE TESTIMONY OF A WITNESS FOR LACK OF A FORMAL
OFFER MUST BE MADE AS SOON AS THE WITNESS BEGINS TO TESTIFY. OBJECTION
TO A QUESTION PROPOUNDED IN THE COURSE OF THE ORAL EXAMINATION OF A WITNESS MUST
BE MADE AS SOON AS THE GROUNDS THEREFOR SHALL BECOME REASONABLY APPARENT.
THE GROUNDS FOR THE OBJECTION MUST BE SPECIFIED.

Revised Guidelines for Continuous Trial of Criminal Cases RE: DEMURRER

Demurrer to Evidence. - After the prosecution has rested its case, the court shall
inquire from the accused if he/she desires to move for leave of court to file a
demurrer to evidence, or to proceed with the presentation of his/her evidence.
(See Annex 9)
If the accused orally moves for leave of court to file a demurrer to evidence, the
court shall orally resolve the same. If the motion for leave is denied, the court
shall issue an order for the accused to present and terminate his/her evidence on
the dates previously scheduled and agreed upon, and to orally offer and rest
his/her case on the day his/her last witness is presented.
If despite the denial of the motion for leave, the accused insists on filing the
demurrer to evidence, the previously scheduled dates for the accused to present
evidence shall be cancelled.
The demurrer to evidence shall be filed within a non-extendible period of ten (10)
calendar days from the date leave of court is granted, and the corresponding
comment shall be filed within a non-extendible period of ten (10) calendar days
counted from date of receipt of the demurrer to evidence. The demurrer shall be
resolved by the court within a non-extendible period of thirty (30) calendar days
from date of the filing of the comment or lapse of the ten (10)-day period to file
the same.
If the motion for leave of court to file demurrer to evidence is granted, and the
subsequent demurrer to evidence is denied, the accused shall likewise present
and terminate his/her evidence (one day apart, morning and afternoon) and shall
orally offer and rest his/her case on the day his/her last witness is presented. The
court shall rule on the oral offer of evidence of the accused and the comment or
objection of the prosecution on the same day of the offer.
Revised Guidelines for Continuous Trial for Criminal Cases RE: Trial
(a) The court shall encourage the accused and the prosecution to avail of:

i. For the accused - Secs. 12 and 13, Rule 119 on the application for
examination of witness for accused before trial and how it is made; and |
i. For the prosecution - Sec. 15, Rule 119 on the conditional examination of
witness for the prosecution.
(b) Absence of counsel de parte. - In the absence of counsel de parte, the hearing
shall proceed upon appointment by the court of a counsel de officio.

26
If the motion for leave of court to file demurrer to evidence is granted, and the
subsequent demurrer to evidence is denied, the accused shall likewise present
and terminate his/her evidence (one day apart, morning and afternoon) and shall
orally offer and rest his/her case on the day his/her last witness is presented. The
court shall rule on the oral offer of evidence of the accused and the comment or
objection of the prosecution on the same day of the offer. If the court denies the
motion to present rebuttal evidence because it is no longer necessary, it shall
consider the case submitted for decision.
(e) Presentation of Rebuttal and Sur-rebuttal Evidence. - If the court grants the
motion to present rebuttal evidence, the prosecution shall immediately proceed
with its presentation after the accused had rested his/her case, and orally rest its
case in rebuttal after the presentation of its last rebuttal witness. Thereafter, the
accused shall immediately present sur-rebuttal evidence, if there is any, and orally
rest the case in sur-rebuttal after the presentation of its last sur-rebuttal witness.
Thereafter, the court shall submit the case for decision.
(f) One-day examination of witness rule. -The court shall strictly adhere to the
rule that a witness has to be fully examined in one (1) day.

14. Memoranda
The submission of memoranda is discretionary on the part of the court, which in
no case shall exceed twenty-five (25) pages in length, single-spaced, on legal size
paper, using size 14 font. The period to submit memoranda shall be non-
extendible and shall not suspend the running of the period of promulgation of the
decision; thus, with or without memoranda, the promulgation shall push through
as scheduled.
RULE 120
JUDGMENT
SECTION 1. Judgment; definition and form. – Judgment is the adjudication by
the court that the accused is guilty or not guilty of the offense charged and the
imposition on him of the proper penalty and civil liability, if any. It must be
written in the official language, personally and directly prepared by the judge
and signed by him and shall contain clearly and distinctly a statement of the
facts and the law upon which it is based.
A judgment has been defined as the adjudication by the court that the
accused is guilty or not guilty of the offense charged and the imposition on him of
the proper penalty and civil liability, if any.
Requisites of a judgment:
1. The following are the formal requisites of a judgment:
(a) It must be written in the official language;
(b) It must be personally and directly prepared by the judge; and
(c) It must contain clearly and distinctly a (i) statement of the facts, and (ii)
the law upon which it is based.

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Section 2. Contents of the judgment. — If the judgment is of conviction, it shall
state (1) the legal qualification of the offense constituted by the acts committed
by the accused and the aggravating or mitigating circumstances which attended
its commission; (2) the participation of the accused in the offense, whether as
principal, accomplice, or accessory after the fact; (3) the penalty imposed upon
the accused; and (4) the civil liability or damages caused by his wrongful act or
omission to be recovered from the accused by the offended party, if there is
any, unless the enforcement of the civil liability by a separate civil action has
been reserved or waived.

In case the judgment is of acquittal, it shall state whether the evidence of the
prosecution absolutely failed to prove the guilt of the accused or merely failed
to prove his guilt beyond reasonable doubt. In either case, the judgment shall
determine if the act or omission from which the civil liability might arise did not
exist. (2a)

Contents of a judgment of conviction

A judgment of conviction shall state:
(a) The legal qualification of the offense constituted by the acts committed
by the accused;
(b) The aggravating and mitigating circumstances which attended the
commission of the offense;
(c) The participation of the accused in the offense whether as (i) principal,
(ii) accomplice, or (iii) accessory after the fact;
(d) The penalty imposed upon the accused;
(e) The civil liability or damages caused by his wrongful act or omission to
be recovered from the accused by the offended party, if there is any,
unless the enforcement of the civil liability by a separate civil action has
been reserved or waived (Sec. 2, Rule 119)

Contents of judgment of acquittal

In case the judgment is of acquittal, it shall state whether the evidence of

the prosecution absolutely failed to prove the guilt of the accused or merely failed
to prove his guilt beyond reasonable doubt. In either case, the judgment shall
determine if the act or omission from which the civil liability might arise did not
exist.

RULE 121
NEW TRIAL OR RECONSIDERATION
SECTION 1. New Trial or Reconsideration. At any time before a judgment of
conviction becomes final, the court may, on motion of the accused or at its own
instance but with the consent of the accused, grant a new trial or
reconsideration.
SECTION 2. Grounds for a new trial. – The court shall grant a new trial on any of
the following grounds:
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 (a) The errors of law or irregularities prejudicial to the substantial rights of
the accused have been committed during the trial;

(b) The new and material evidence has been discovered which the
accused could not with reasonable diligence have discovered and
produced at the trial and which if introduced and admitted would
probably change the judgment.

(a) That errors of law or irregularities prejudicial to the substantial

rights of the accused have been committed during the trial

SECTION 3. Ground of reconsideration. – The court shall grant reconsideration

on the ground of errors of law or fact in the judgment, which requires no further
proceedings.
Unlike a motion for new trial, the only ground upon which a motion for
reconsideration of the judgment may be anchored is when the judgment itself
contains errors of law or fact.

PART 2

CIVIL CASES

Order of Trial in Civil Cases

1. Pre-trial conference
2. Presentation of evidence by the plaintiff
3. Presentation of evidence by the defendant
4. Rebuttal
5. Sur-Rebuttal

RULE 18

PRE-TRIAL

Section 1. When conducted. — After the last responsive pleading has been served
and filed, the branch clerk of court shall issue, within five (5) calendar days from
filing, a notice of pre-trial which shall be set not later than sixty (60) calendar days
from the filing of the last responsive pleading.

Nature and Purpose of a Pre-Trial

A pre-trial is a procedural device that is indispensable in a proceeding, civil
or criminal and is designed to limit the issues to be proved at the trial. With the
limitation of the issues, there would be fewer points of contention for the trial
court to resolve.
When Pre-Trial shall be conducted?
After the last responsive pleading has been served and filed, the branch
clerk of court shall issue, within five (5) calendar days from filing, a notice of pre-

29
trial which shall be set not later than sixty (60) calendar days from the filing of the
last responsive pleading.

The meaning of ‘RESPONSIVE pleading’

The last RESPONSIVE pleading that a party can file is the reply to the
answer to the last pleading asserting a claim. The claim could be the original
complaint, the counterclaim, the cross-claim or the third-party complaint. If an
answer is filed and served in response to these claims, the pleading in response to
these answers is the reply (Sarmineto v. Juan, 120 SCRA 403) which is to be filed
within fifteen (15) calendar days from the service of the pleading responded to.

Where the last RESPONSIVE pleading has not yet been served and filed, the
case is not yet ready for pre-trial. However, the ‘last RESPONSIVE’ need not be
literally construed as one having been served and filed. For purposes of the pre-
trial, the expiration of the period for filing the last RESPONSIVE without it having
been served and filed is sufficient.

Section 2.Nature and purpose. — The pre-trial is mandatory AND SHOULD BE

TERMINATED PROMPTLY. The court shall consider:

(a) The possibility of an amicable settlement or of a submission to

alternative modes of dispute resolution;

(b) The simplification of the issues;

(c) The possibility of obtaining stipulations or admissions of facts and of

documents to avoid unnecessary proof;

(d The limitation of the number of witnesses AND IDENTIFICATION of

witnesses AND THE SETTING OF TRIAL DATES;

(e) The advisability of a preliminary reference of issues to a commissioner;

(f) The propriety of rendering judgment on the pleadings, or summary

judgment, or of dismissing the action should a valid ground therefor be
found to exist;

(g) The requirement for the parties to:

1. Mark their respective evidence if not yet marked in the judicial

affidavits of their witnesses;

2. Examine and make comparisons of the adverse parties' evidence vis-avis

the copies to be marked;

3. Manifest for the record stipulations regarding the faithfulness of the

reproductions and the genuineness and due execution of the adverse parties'
evidence;

4. Reserve evidence not available at the pre-trial, but only in the following
manner:

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i. For testimonial evidence, by giving the name or position and the nature of
the testimony of the proposed witness;

ii. For documentary evidence and other object evidence, by giving a particular
description of the evidence.

No reservation shall be allowed if not made in the manner described above.

(h) Such other matters as may aid in the prompt disposition of the action.

The failure without just cause of a party and counsel to appear during pre-trial,
despite notice, shall result in a waiver of any objections to the faithfulness of the
reproductions marked, or their genuineness and due execution.

The failure without just cause of a party and/or counsel to bring the evidence
required shall be deemed a waiver of the presentation of such evidence.

The branch clerk of court shall prepare the minutes of the pre-trial, which shall
have the following format: (See prescribed form) (2a)

Section 3.Notice of pre-trial. — THE NOTICE OF PRE-TRIAL SHALL INCLUDE THE

DATES RESPECTIVELY SET FOR:

(a) Pre – trial;

(b) Court-Annexed Mediation; and

(c) Judicial Dispute Resolution, if necessary

The notice of pre-trial shall be served on counsel, or on the party who has no
counsel. The counsel served with such notice is charged with the duty of notifying
the party represented by him OR HER.

Non-appearance at any of the foregoing settings shall be deemed as

nonappearance at the pre-trial and shall merit the same sanctions under Section 5
hereof.

Notice of pre-trial (BAR 1977)

The notice of pre-trial shall be served on the counsel of the party if the
latter is represented by counsel. Otherwise, the notice shall be served on the
party himself. The counsel is charged with the duty of notifying his client of the
date, time and place of the pre-trial.

Section 4. Appearance of Parties. — It shall be the duty of the parties and their
counsel to appear at the pre-trial, court-annexed mediation, and judicial dispute
resolution, if necessary. The non-appearance of a party and counsel may be
excused only for acts of God, force majeure, or duly substantiated physical
inability.

A representative may appear on behalf of a party, but must be fully authorized in

writing to enter into an amicable settlement, to submit to alternative modes of
31
dispute resolution, and to enter into stipulations or admissions of facts and
documents.

Section 5.Effect of failure to appear. — WHEN DULY NOTIFIED, the failure of the
plaintiff AND COUNSEL to appear WITHOUT VALID CAUSE when so required
pursuant to the next preceding section shall be cause for dismissal of the action.
The dismissal shall be with prejudice, unless other-wise ordered by the court. A
similar failure on the part of the defendant AND COUNSEL shall be cause to
allow the plaintiff to present his OR HER evidence ex parte WITHIN TEN (10)
CALENDAR DAYS FROM TERMINATION OF THE PRE-TRIAL, and the court to
render judgment on the basis OF THE EVIDENCE OFFERED.

Effect of failure to appear by the plaintiff (BAR 1989; 1981; 1980)

The failure of the plaintiff AND COUNSEL to appear shall be cause for the
dismissal of the action. This dismissal shall be with prejudice except when the
court orders otherwise.

Section 6.Pre-trial brief. — The parties shall file with the court and serve on the
adverse party, in such manner as shall ensure their receipt thereof at least three
(3) CALENDAR days before the date of the pre-trial, their respective pre-trial
briefs which shall contain, among others:

(a) A concise statement of the case and the reliefs prayed for;

(b) A summary of admitted facts and proposed stipulation of facts;

(c) The main factual and legal issues to be tried or resolved;

(d) The propriety of referral of factual issues to commissioners;

(e) The documents or other object evidence to be marked, stating the purpose
thereof;

(f) The names of the witnesses, and the summary of their respective testimonies;
and

(g) A brief statement of points of law and citation of authorities.

Failure to file the pre-trial brief shall have the same effect as failure to appear at
the pre-trial.

No termination of pre-trial fort failure to settle

The judge should not allow the termination of pre-trial simply because of
the manifestation of the parties that they cannot settle the case. Instead, he
should expose the parties to the advantages of pre-trial. He must also be mindful
that there are important aspects of the pre-trial that ought to be taken up to
expedite then disposition of the case (A.M. No. 03-1-09-SC, July 13, 2004)

If all efforts to settle fail, the trial judge shall endeavour to achieve the
other purposes of a pre-trial like, among others, obtaining admissions or

32
stipulations of facts. To obtain admissions, the judge shall ask then parties to
submit whatever depositions have been taken under Rule 23, the answers to
written interrogatories under Rule 25 and the answers to request for admissions
by the adverse party under Rule 26. He may also require the production
documents or things by a party under Rule 27 and the results of the physical and
mental examination of persons under Rule 28.

Questions are to be asked by the Judge

During the pre-trial, the judge shall be the one to ask questions on issues
raised by the parties and all questions or comments by counsel or parties must be
directed to the judge to avoid hostilities between the parties.

Section 7. Pre-Trial Order. — Upon termination of the pre-trial, the court shall
issue an order within ten (10) calendar days which shall recite in detail the matters
taken up. The order shall include:

(a) An enumeration of the admitted facts;

(b) The minutes of the pre-trial conference;

(c) The legal and factual issue/s to be tried;

(d) The applicable law, rules, and jurisprudence;

(e) The evidence marked;

(f) The specific trial dates for continuous trial, which shall be within the period
provided by the Rules;

(g) The case flowchart to be determined by the court, which shall contain the
different stages of the proceedings up to the promulgation of the decision and the
use of time frames for each stage in setting the trial dates;
(h) A statement that the one-day examination of witness rule and most important
witness rule under A.M. No. 03-1-09-SC (Guidelines for Pre-Trial) shall be strictly
followed; and

(i) A statement that the court shall render judgment on the pleadings or summary
judgment, as the case may be.

The direct testimony of witnesses for the plaintiff shall be in the form of judicial
affidavits. After the identification of such affidavits, cross-examination shall
proceed immediately.

Postponement of presentation of the parties’ witnesses at a scheduled date is

prohibited, except if it is based on acts of God, force majeure or duly substantiated
physical inability of the witness to appear and testify. The party who caused the
postponement is warned that the presentation of its evidence must still be
terminated within the remaining dates previously agreed upon.

Should the opposing party fail to appear without valid cause stated in the next
preceding paragraph, the presentation of the scheduled witness will proceed with
the absent party being deemed to have waived the right to interpose objection and
conduct cross-examination.
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The contents of the pre-trial order shall control the subsequent proceedings, unless
modified before trial to prevent manifest injustice. (7a)

One day examination of witness Rule (BAR 2009)

The court shall ask the parties to agree on the specific dates for continuous
trial, adhere to the case flow chart determined by the court and use the time
frame for each stage in setting the trial dates. Adherence to the One Day
Examination of Witness Rule shall be required where the witness shall be fully
examined in one (1) day only, subject to the court’s discretion during the trial on
whether or not to extend the examination for justifiable reasons.

Most Important Witness Rule

Where no settlement has been effected, the court shall follow the Most
Important Witness Rule, where the court shall determine the most important
witnesses and limit the number of such witnesses and require the parties and/or
counsels to submit to the branch clerk of court the names, addresses and contact
number of the witnesses to be summoned by subpoena. Note, however, that the
court may also refer the case to a trial by commissioner under Rule 32.

Preliminary conference under the Revised Rules on Summary Procedure

Under the Revised Rules on Summary Procedure, a preliminary conference

shall be held not later than thirty (30) days after the last answer is filed. Here, the
rules on pre-trial in ordinary cases shall apply except when inconsistent with the
rules on summary procedure (Sec. 7, II, 1991 Revised Rules on Summary
Procedure). The tenor of the rule indicates the mandatory nature of preliminary
conference in cases subject to summary procedure.

The failure of the plaintiff to appear in the preliminary conference shall be

cause for dismissal of his complaint and the defendant who appears in the
absence of the plaintiff shall be entitled to judgment on his counterclaim. All
cross-claims shall be dismissed.

If a sole defendant fails to appear, the plaintiff shall be entitled to

judgment. This rule shall be inapplicable if one of several defendants who are
sued under a common cause of action and had pleaded a common defense shall
appear at the preliminary conference.

Within five (5) days from the termination of the preliminary conference,
the court shall issue an order stating the matters taken up in the conference.

Section 8. Court-Annexed Mediation. — After pre-trial and, after issues are joined,
the court shall refer the parties for mandatory court-annexed mediation.

The period for court-annexed mediation shall not exceed thirty (30) calendar days
without further extension. (n)

Section 9. Judicial Dispute Resolution. — Only if the judge of the court to which
the case was originally raffled is convinced that settlement is still possible, the case

34
may be referred to another court for judicial dispute resolution. The judicial dispute
resolution shall be conducted within a non-extendible period of fifteen (15)
calendar days from notice of failure of the court-annexed mediation.

If judicial dispute resolution fails, trial before the original court shall proceed on
the dates agreed upon.

All proceedings during the court-annexed mediation and the judicial dispute
resolution shall be confidential. (n)

Section. 10. Judgment after pre-trial. — Should there be no more controverted

facts, or no more genuine issue as to any material fact, or an absence of any issue,
or should the answer fail to tender an issue, the court shall, without prejudice to a
party moving for judgment on the pleadings under Rule 34 or summary judgment
under Rule 35, motu proprio include in the pre-trial order that the case be
submitted for summary judgment or judgment on the pleadings, without need of
position papers or
memoranda. In such cases, judgment shall be rendered within ninety (90) calendar
days from termination of the pre-trial.

The order of the court to submit the case for judgment pursuant to this Rule shall
not be the subject to appeal or certiorari. (n)

What is the rule with respect to Judgment after Pre-trial?

1. Should there be no more controverted facts, or

2. No more genuine issue as to any material fact, or
3. An absence of any issue, or
4. Should the answer fail to tender an issue, the court shall, without
prejudice to a party moving for judgment on the pleadings under Rule
34 or summary judgment under Rule 35, motu proprio include in the
pre-trial order that the case be submitted for summary judgment or
judgment on the pleadings, without need of position papers or
memoranda. In such cases, judgment shall be rendered within ninety
(90) calendar days from termination of the pre-trial.

Is the order of the court to submit the case for judgment be the subject of appeal
or certiorari?

No. The order of the court to submit the case for judgment pursuant to this
Rule shall not be the subject to appeal or certiorari. (n)

RULE 30

TRIAL

Section 1. Schedule of trial. — The parties shall strictly observe the scheduled
hearings as agreed upon and set forth in the pre-trial order.

(a) The schedule of the trial dates, for both plaintiff and defendant, shall be
continuous and within the following periods:

35
i. The initial presentation of plaintiff’s evidence shall be set not later than thirty
(30) calendar days after the termination of the pre-trial conference. Plaintiff shall
be allowed to present its evidence within a period of three (3) months or ninety
(90) calendar days which shall include the date of the judicial dispute resolution, if
necessary;

ii. The initial presentation of defendant’s evidence shall be set not later than thirty
(30) calendar days after the court’s ruling on plaintiff’s formal offer of
evidence. The defendant shall be allowed to present its evidence within a
period of three (3) months or ninety (90) calendar days;

iii. The period for the presentation of evidence on the third (fourth, etc.) –party
claim, counterclaim or cross-claim shall be determined by the court, the total of
which shall in no case exceed ninety (90) calendar days; and

iv. If deemed necessary, the court shall set the presentation of the parties’
respective rebuttal evidence, which shall be completed within a period of thirty
(30) calendar days.

(b) The trial dates may be shortened depending on the number of witnesses to be
presented, provided that the presentation of evidence of all parties shall be
terminated within a period of ten (10) months or three hundred (300) calendar
days. If there are no third (fourth, etc.)-party claim, counterclaim or cross-claim,
the presentation of evidence shall be terminated within a period of six (6) months
or one hundred eighty (180) calendar days.

(c) The court shall decide and serve copies of its decision to the parties within a
period not exceeding ninety (90) calendar days from the submission of the case for
resolution, with or without memoranda. (n)

Section 4. Hearing days and calendar call. — Trial shall be held from Monday to
Thursday, and courts shall call the cases at exactly 8:30 a.m. and 2:00 p.m.,
pursuant to Administrative Circular No. 3-99. Hearing on motions shall be held on
Fridays, pursuant to Section 8, Rule 15.

All courts shall ensure the posting of their court calendars outside their courtrooms
at least one (1) day before the scheduled hearings, pursuant to OCA Circular No.
250-2015. (n)

Section 5. Order of trial. — Subject to the provisions of section 2 of Rule 31, and
unless the court for special reasons otherwise directs, the trial shall be limited
to the issues stated in the pre-trial order and shall proceed as follows:

(a) The plaintiff shall adduce evidence in support of his complaint;

(b) The defendant shall then adduce evidence in support of his defense,
counterclaim, cross-claim and third-party complaints;

(c) The third-party defendant if any, shall adduce evidence of his defense,
counterclaim, cross-claim and fourth-party complaint;

(d) The fourth-party, and so forth, if any, shall adduce evidence of the
material facts pleaded by them;

36
 (e) The parties against whom any counterclaim or cross-claim has been
pleaded, shall adduce evidence in support of their defense, in the order to
be prescribed by the court;

(f) The parties may then respectively adduce rebutting evidence only,
unless the court, for good reasons and in the furtherance of justice,
permits them to adduce evidence upon their original case; and

(g) Upon admission of the evidence, the case shall be deemed submitted
for decision, unless the court directs the parties to argue or to submit
their respective memoranda or any further pleadings.

If several defendants or third-party defendants, and so forth, having separate

defenses appear by different counsel, the court shall determine the relative
order of presentation of their evidence.

Section 6. Oral offer of exhibits. — The offer of evidence, the comment or

objection thereto, and the court ruling shall be made orally in accordance with
Sections 34 to 40 of Rule 132. (n)

SECTIONS 34 TO 40 OF RULE 132, PROVIDE:

“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.

SEC. 35. WHEN TO MAKE OFFER. – ALL EVIDENCE MUST BE OFFERED ORALLY

THE OFFER OF THE TESTIMONY OF A WITNESS MUST BE MADE AT THE TIME THE
WITNESS IS CALLED TO TESTIFY.

THE OFFER OF DOCUMENTARY AND OBJECT EVIDENCE SHALL BE MADE AFTER THE
PRESENTATION OF A PARTY’S TESTIMONIAL EVIDENCE.

SEC. 36. OBJECTION. – OBJECTION TO OFFER OF EVIDENCE MUST BE MADE ORALLY

IMMEDIATELY AFTER THE OFFER IS MADE.

OBJECTION TO THE TESTIMONY OF A WITNESS FOR LACK OF A FORMAL

OFFER MUST BE MADE AS SOON AS THE WITNESS BEGINS TO TESTIFY. OBJECTION
TO A QUESTION PROPOUNDED IN THE COURSE OF THE ORAL EXAMINATION OF A WITNESS MUST
BE MADE AS SOON AS THE GROUNDS THEREFOR SHALL BECOME REASONABLY APPARENT.

THE GROUNDS FOR THE OBJECTION MUST BE SPECIFIED.

RULE 36

JUDGMENTS, FINAL ORDERS AND ENTRY THEREOF

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Section 1. Rendition of judgments and final orders. — A judgment or final order
determining the merits of the case shall be in writing personally and directly
prepared by the judge, stating clearly and distinctly the facts and the law on
which it is based, signed by him, and filed with the clerk of the court.

Meaning of Judgment
A judgment is the final ruling by a court of competent jurisdiction regarding
the rights or other matters submitted to it in an action or proceeding. A judgment
is the court’s official and final consideration and determination of the respective
rights and obligations of the parties.
Requisites of a valid judgment.
For a judgment to be valid, the following requisites must exist:
1. The court or tribunal must be clothed with authority to hear and determine
the matter before it;
2. The court must have jurisdiction over the parties and the subject matter;
3. The parties must have been given an opportunity to adduce evidence in their
behalf;
4. The evidence must have been considered by the tribunal in deciding the case;
5. The judgment must be in writing, personally and directly prepared by the
judge;
6. The judgment must state clearly the facts and the law on which it is based,
signed by the judge and filed with the clerk of court.

PROVISIONS ON THE RULES OF COURT COMMON TO CRIMINAL AND CIVIL CASES

RULE 132

PRESENTATION OF WITNESSES
A. EXAMINATION OF WITNESSES

SECTION. 1. EXAMINATION TO BE DONE IN OPEN COURT. – THE EXAMINATION

OF WITNESSES PRESENTED IN A TRIAL OR HEARING SHALL BE DONE IN OPEN
COURT, AND UNDER OATH OR AFFIRMATION. UNLESS THE WITNESS IS
INCAPACITATED TO SPEAK, OR THE QUESTION CALLS FOR A DIFFERENT MODE
OF ANSWER, THE ANSWERS OF THE WITNESS SHALL BE GIVEN ORALLY.

WITNESS SHOULD BE UNDER OATH

“DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING
BUT THE TRUTH IN THIS PROCEEDING?”
(A) ONE DAY-EXAMINATION OF WITNESS
RULE.-- A WITNESS HAS TO BE FULLY
EXAMINED IN ONE (1) DAY ONLY, SHALL BE
STRICTLY ADHERED TO SUBJECT TO THE
COURT’S DISCRETION DURING THE TRIAL ON
WHETHER OR NOT TO EXTEND THE DIRECT

38
 AND/OR CROSS EXAMINATION FOR
JUSTIFIABLE REASONS.
(B) MOST IMPORTANT WITNESS RULE –
DETERMINE THE MOST IMPORTANT
WITNESSES TO BE HEARD AND LIMIT THE
NUMBER OF WITNESSES. THE FACTS TO BE
PROVEN BY EACH WITNESS AND THE
APPROXIMATE NUMBER OF HOURS PER
WITNESS SHALL BE FIXED.

ONE QUESTION OFTEN ASKED IS WHETHER A WITNESS MAY BE ALLOWED

TO TESTIFY BY NARRATION. WHILE THE GENERAL RULE IS THAT MATERIAL AND
RELEVANT FACT ARE ELICITED FROM A WITNESS BY QUESTIONS PUT TO HIM, IT
STILL RESTS WITHIN THE SOUND DISCRETION OF THE TRIAL JUDGE TO
DETERMINE WHETHER A WITNESS WILL BE REQUIRED TO TESTIFY BY QUESTION
AND ANSWER, OR WILL BE PERMITTED TO TESTIFY IN NARRATIVE FORM.

THERE IS NO LEGAL PRINCIPLE WHICH PREVENTS A WITNESS FROM GIVING

HIS TESTIMONY IN NARRATIVE FORM IF HE IS REQUESTED TO DO SO BY
COUNSEL. A WITNESS MAY BE ALLOWED TO TESTIFY BY NARRATION IF IT WOULD
BE THE BEST WAY OF GETTING AT WHAT HE KNEW OR COULD STATE
CONCERNING THE MATTER OF AT ISSUE. IT WOULD EXPEDITE THE TRIAL AND
WOULD PERHAPS FURNISH THE COURT A CLEARER UNDERSTANDING OF THE
MATTERS RELATED AS THEY OCCURRED. MOREOVER, NARRATIVE TESTIMONY
MAY BE ALLOWED IF MATERIAL PARTS OF HIS EVIDENCE CANNOT BE EASILY
OBTAINED THROUGH PIECEMEAL TESTIMONIES.

SOME JURISPRUDENTIAL RULES REGARDING UNCOMPLETED TESTIMONIES:

1. ORAL TESTIMONY MAY BE TAKEN INTO ACCOUNT ONLY WHEN IT IS

COMPLETE THAT IS, IF THE WITNESS HAS BEEN WHOLLY CROSS- EXAMINED
BY THE ADVERSE PARTY OR THE RIGHT TO CROSS-EXAMINE IS LOST
WHOLLY OR IN PART THRU THE FAULT OF THE ADVERSE PARTY. WHEN A
WITNESS HAD TESTIFIED ON DIRECT EXAMINATION, BUT WAS NOT CROSS-
EXAMINED BECAUSE HE DIES OR BECOMES INCAPACITATED TO TESTIFY
AFTER NUMEROUS POSTPONEMENTS OF HIS CROSS-EXAMINATION
ATTRIBUTABLE TO THE CROSS-EXAMINING PARTY, WHEREAS THE WITNESS
HAD ALL THE TIME BEEN AVAILABLE FOR CROSS-EXAMINATION, HIS DIRECT
TESTIMONY SHALL BE ALLOWED TO REMAIN IN THE RECORD AND CANNOT
BE ORDERED STRICKEN OFF. THE CROSS-EXAMINER IS DEEMED TO HAVE
WAIVED HIS RIGHT TO CROSS-EXAMINE.

2. ON THE CONTRARY, WHEN THE CROSS- EXAMINATION IS NOT AND CANNOT

BE DONE OR COMPLETED DUE TO CAUSES ATTRIBUTABLE TO THE PARTY
OFFERING THE WITNESS, THE UNCOMPLETED TESTIMONY IS THEREBY
RENDERED INCOMPETENT.

39
 3. THE DIRECT TESTIMONY OF A WITNESS WHO DIES BEFORE CONCLUSION
OF THE CROSS EXAMINATION CAN BE STRICKEN ONLY INSOFAR AS TO THE
PART NOT COVERED BY THE CROSS-EXAMINATION, AND ABSENCE OF A
WITNESS IS NOT ENOUGH TO WARRANT STRIKING HIS TESTIMONY FOR
FAILURE TO APPEAR FOR FURTHER CROSS-EXAMINATION WHERE THE
WITNESS HAS ALREADY BEEN SUFFICIENTLY CROSS-EXAMINED, AND THE
MATTER ON WHICH CROSS EXAMINATION IS SOUGHT IS NOT IN
CONTROVERSY.

4. A JUDGE MAY INTERVENE IN THE TRIAL OF A CASE TO PROMOTE

EXPEDITIOUS AND AVOID UNNECESSARY WASTE OF TIME OR TO CLEAR UP
SOME AMBIGUITY. A JUDGE IS NOT A MERE REFEREE LIKE THAT OF A
BOXING BOUT. HE SHOULD HAVE AS MUCH INTEREST AS A COUNSEL IN
THE ORDERLY AND EXPEDITIOUS PRESENTATION OF EVIDENCE, CALLING
THE ATTENTION OF COUNSEL TO POINTS AT ISSUE THAT ARE
OVERLOOKED, DIRECTING THEM TO ASK QUESTIONS THAT WOULD ELICIT
THE FACTS ON THE ISSUES INVOLVED, CLARIFYING AMBIGUOUS REMARKS.
HE MAY EXAMINE OR CROSS-EXAMINE A WITNESS. HE MAY PROPOUND
CLARIFICATORY QUESTIONS TO TEST THE CREDIBILITY OF THE WITNESS
AND TO EXTRACT THE TRUTH. HE MAY SEEK TO DRAW OUT RELEVANT AND
MATERIAL TESTIMONY THOUGH THE TESTIMONY MAY TEND TO SUPPORT
OR REBUT THE POSITION TAKEN BY ONE OR THE OTHER PARTY. THE
NUMBER OF TIMES A JUDGE INTERVENES IN THE EXAMINATION OF A
WITNESS IS NOT NECESSARILY AN INDICATION OF BIAS. IT CANNOT BE
TAKEN AGAINST THE JUDGE IF HIS CLARIFYING QUESTIONS HAPPEN TO
REVEAL CERTAIN TRUTHS WHICH TEND TO SPOIL THE THEORY OF PARTY.

SEC. 3. RIGHTS AND OBLIGATION OF A WITNESS. – A WITNESS MUST ANSWER

QUESTIONS, ALTHOUGH HIS ANSWER MAY TEND TO ESTABLISH A CLAIM
AGAINST HIM. HOWEVER, IT IS THE RIGHT OF A WITNESS:

(1) TO BE PROTECTED FROM IRRELEVANT, IMPROPER, OR INSULTING

QUESTIONS, AND FROM HARSH OR INSULTING DEMEANOR;
(2) NOT TO BE DETAINED LONGER THAN THE INTEREST OF JUSTICE REQUIRE;
(3) NOT TO BE EXAMINED EXCEPT ONLY AS TO MATTER PERTINENT TO THE
ISSUE;
(4) NOT TO GIVE AN ANSWER WHICH WILL TEND TO SUBJECT HIM TO A
PENALTY FOR AN OFFENSE UNLESS OTHERWISE PROVIDED BY LAW; OR
(5) NOT TO GIVE AN ANSWER WHICH WILL TEND TO DEGRADE HIS
REPUTATION, UNLESS IT BE TO THE VERY FACT AT ISSUE OR TO A FACT
FROM WHICH THE FACT IN ISSUE WOULD BE PRESUMED. BUT A WITNESS
MUST ANSWER TO THE FACT OF HIS PREVIOUS FINAL CONVICTION FOR AN
OFFENSE.

SEC. 4. ORDER IN THE EXAMINATION OF AN INDIVIDUAL WITNESS. – THE ORDER

IN WHICH AN INDIVIDUAL WITNESS MAY BE EXAMINED IS AS FOLLOWS:

(A) DIRECT EXAMINATION BY THE PROPONENT;

40
 (B) CROSS- EXAMINATION BY THE OPPONENT;
(C) RE-DIRECT EXAMINATION BY THE PROPONENT;
(D) RE-CROSS EXAMINATION BY THE OPPONENT.

SEC. 5. DIRECT EXAMINATION. – DIRECT EXAMINATION IS THE EXAMINATION-IN-

CHIEF OF A WITNESS BY THE PARTY PRESENTING HIM ON THE FACTS RELEVANT
TO THE ISSUE.

IT IS ACTUALLY A PROCEDURE FOR OBTAINING INFORMATION FROM ONE’S

OWN WITNESS IN AN ORDERLY FASHION, IT IS INFORMATION WHICH COUNSEL
WANTS THE COURT TO HEAR. THE PURPOSE IS TO ELICIT FACTS ABOUT THE
CLIENT’S CAUSE OF ACTION OR DEFENSE.

FUNCTION OF DIRECT EXAMINATION

THE FUNCTION OF DIRECT EXAMINATION IS TO BUILD UP THROUGH YOUR

WITNESSES THE FACTS ON WHICH YOUR CLIENT’S VERSION OF THE CASE WILL
STAND. MOST TRIALS WILL BE WON ON THE STRENGTH OF YOUR CASE IN CHIEF,
NOT ON THE WEAKNESS OF YOUR OPPONENT’S CASE. CONSEQUENTLY, YOU
MUST THOROUGHLY PREPARE FOR THE DIRECT EXAMINATION. (BASIC TRIAL
TECHNIQUES BY JUSTICE ROBERTO A. ABAD AND BLESSILDA B. ABAD-GAMO)

WHAT IS THE USUAL SCOPE OF DIRECT EXAMINATION?

THE TOTALITY OF THE DIRECT EXAMINATION OF YOU WITNESS SHOULD BE

SUFFICIENTLY COMPREHENSIVE TO COVER ALL THE FACTUAL ELEMENTS
NECESSARY TO A DECISION IN YOUR CLIENT’S FAVOR. THESE TESTIMONIES
SHOULD ALSO COVER DIRECT REFERENCE TO ALL THE DOCUMENTS NEEDED TO
PROVE OR CORROBORATE YOUR CLIENT’S VERSION OF THE CASE.

ALTHOUGH YOU CANNOT AND SHOULD NOT ALTER THE TRUTH, YOU
SHOULD STRIVE TO PRESENT YOUR CLIENT’S VERSION OF THE CASE IN THE BEST
POSSIBLE LIGHT. IT IS QUITE COMMON TO HEAR A NUMBER OF PEOPLE WHO SAW
THE SAME THING DESCRIBE IT DIFFERENTLY. YOU OWE IT TO YOUR CLIENT TO
GET THE WITNESS TO DESCRIBE AN EVENT IN THE WAY MOST FAVORABLE TO HIM
WITHOUT THE WITNESS LYING. THE COMBINED TESTIMONIES OF YOUR
WITNESSES SHOULD PAINT A CLEAR PICTURE OF YOUR CLIENT’S CAUSE OF
ACTION. (ABAD AND GAMO)

HOW CAN YOU PREPARE YOUR WITNESS FOR DIRECT EXAMINATION?

A. YOU MUST ADVICE YOUR WITNESS TO LISTEN CLOSELY TO YOUR QUESTIONS,

ALLOWING YOU TO FINISH BEFORE HE ANSWERS.

41
B. YOU SHOULD ADVISE YOUR WITNESS TO AVOID VOLUNTEERING INFORMATION
THAT YOU OR THE ADVERSE COUNSEL DOES NOT REQUIRE HIM.

C. PREPARE YOUR WITNESS INDIVIDUALLY RATHER THAN AS A GROUP SINCE YOU

WILL PRESENT THEM INDIVIDUALLY.

D REVIEW WITH YOUR WITNESS ANY PREVIOUS TESTIMONY, STATEMENT, OR

COMMUNICATIONS FOR HE MIGHT BE CONFRONTED WITH THESE IF HE APPEARS
TO VARY HIS TESTIMONY.

E. FIND OUT YOU WITNESS WHAT HIS ANSWER WILL BE IF THE OPPOSING
LAWYER WERE SUDDENLY TO ASK HIM WHETHER OR NOT HE CONFERRED WITH
YOU BEFORE HE TESTIFIED IN COURT.

F. IN DIRECT EXAMINATION, USE OPEN-ENDED QUESTIONS TO ELICIT

DESCRIPTIVE RESPONSES LIKE: “WHAT DID YOU DO?”; “WHEN DID YOU DO IT?”;
“HOW DID YOU DO IT?”; OR “WHY DID YOU DO IT?”

G. USE SIMPLE, EVERYDAY CONVERSATIONAL LANGUAGE, NOT THE WRITTEN

LANGUAGE OF THE BOOKS. AVOID LEGALESE.

H. ASK QUESTION CLEARLY AND TO THE POINT.

I. CONFER WITH YOUR WITNESS AT LEAST ONE WEEK BEFORE THE TRIAL SO YOU
CAN EVALUATE HIS PERSONALITY, ABILITY TO SPEAK, AND MANNER OF ATTIRE.

J. ESTABLISH A GOOD RELATIONSHIP WITH YOUR WITNESS BY BEING

CONSIDERATE AND PLEASANT TO WORK WITH. (ABAD AND GAMO)

NON-LEADING QUESTIONS
– (OPEN QUESTION) -- WHO, WHAT, WHY,
WHEN, WHERE, HOW, PLEASE DESCRIBE.

CLOSED QUESTIONS ARE QUESTIONS WHICH LIMIT THE WITNESS’S CHOICE

OF ANSWER:

(A) THE WORD- CHOICE

EXAMPLES:

1.WAS THE ACCUSED SHORT OR TALL?

2. WAS HE RUNNING FAST OR WALKING SLOW?
3. WAS THE COMPLAINANT HAPPY OR SAD?

42
 (B) THE YES – N0

EXAMPLES:

1. DID YOU OR DID YOU NOT SEE THE ACTUAL SHOOTING INCIDENT?
2. DID YOU ACTUALLY REPORT THE INCIDENT TO THE POLICE?
3. DID YOU HEAR THE CONVERSATION BETWEEN THE ACCUSED AND THE VICTIM?

SEC. 6. CROSS-EXAMINATION; ITS PURPOSE AND EXTENT. – UPON THE

TERMINATION OF THE DIRECT EXAMINATION, THE 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.

THIS IS THE EXAMINATION OF THE WITNESS BY THE ADVERSE PARTY

AFTER SAID WITNESS HAS GIVEN HIS TESTIMONY ON DIRECT EXAMINATION. AS A
RULE, THE SCOPE OF THE CROSS- EXAMINATION IS NOT CONFINED TO THE
MATTERS STATED BY THE WITNESS IN THE DIRECT EXAMINATION.

PREPARE FOR CROSS-EXAMINATION WITH EXTRAORDINARY DILIGENCE AND

ATTENTION TO DETAIL. FOCUS ON THE SPECIFIC GOALS YOU NEED TO
ACCOMPLISH DURING CROSS-EXAMINATION. CAREFULLY ANALYZE THE
CHARACTER, MOTIVATIONS, BIAS, AND AREA OF VULNERABILITY OF EACH
WITNESS THAT YOU WILL CROSS-EXAMINE. KNOW PRECISELY WHAT YOU WISH
TO ACHIEVE, AND WHEN YOU ACHIEVE YOUR GOAL – CLOSE YOUR EXAMINATION.

TWO TYPES OF CROSS EXAMINATION

1.CONSTRUCTIVE CROSS EXAMINATION

2. DESTRUCTIVE CROSS EXAMINATION

CONSTRUCTIVE CROSS EXAMINATION – THE LAWYER SEEKS TO GET HELPFUL

TESTIMONY FROM THE WITNESS. SUCH TESTIMONY CAN CORROBORATE THE
TESTIMONY OF ONE OF YOUR WITNESSES OR IMPEACH ANOTHER WITNESS,
EITHER OR BOTH MAY BE HELPFUL TO YOUR CASE. THE FORMAT, “MR. JONES,
CAN WE AGREE THAT …? IS OFTEN USEFUL IN FRAMING CONSTRUCTIVE
QUESTIONS. FREQUENTLY, CONSTRUCTIVE CROSS EXAMINATION IS INITIALLY
USED WITH THE OTHER PARTY’S EXPERT WITNESSES. FOR EXAMPLE, GETTING
THE WITNESS TO AGREE WITH YOU THAT YOUR EXPERT IS, IN FACT, AN EXPERT
OR THAT HIS METHODOLOGY IS ACCEPTED AND RELIABLE IN THE FIELD CAN BE
VALUABLE.

43
DESTRUCTIVE CROSS-EXAMINATION YOUR GOAL IS TO DESTROY, OR AT LEAST
SERIOUSLY HURT, THE WITNESS’ CREDIBILITY OR LIMIT THE EFFECT OF HIS
TESTIMONY.

CROSS-EXAMINATION HAS TWO BASIC PURPOSES, NAMELY:

1.TO BRING OUT FACTS FAVORABLE TO COUNSEL’S CLIENT NOT ESTABLISHED BY

THE DIRECT TESTIMONY; AND

2.TO ENABLE COUNSEL TO IMPEACH OR TO IMPAIR THE CREDIBILITY OF THE

WITNESS.

IMPORTANT PRINCIPLES AND TECHNIQUES IN CROSS-EXAMINATION:

1 CONSIDER FROM REFRAINING FROM CROSS-EXAMINATION.

2 DO NOT LET AN UNIMPEACHABLE WITNESS RETELL HIS STORY.

3 DO NOT BE TRAPPED INTO ELICITING FACTS PROPER FOR DIRECT

EXAMINATION.

4 AVOID ASKING THE WITNESS TO REPEAT HIS TESTIMONY THAT FAVORS YOU.

5 DO NOT CROSS EXAMINE WITH AN IMPROPER MOTIVE.

6 CROSS-EXAMINE WITH PRESENT GOALS. (ABAD AND GAMO)

HOW TO DISCREDIT THE WITNESS

A BY SHOWING THE BIAS OF THE WITNESS

B BY SHOWING CRACKS IN HIS TESTIMONY

1 INHERENT IMPROBABILITIES IN HIS TESTIMONY

2 THE WITNESS’ TESTIMONY CONFLICTS WITH COMMON SENSE.

3 INTERNAL CONFLICT OR CONFUSION WITHIN THE TESTIMONY ITSELF

4 THE WITNESS HAS LIMITED ACCESS TO THE FACTS

C BY SHOWING PRIOR INCONSISTENT STATEMENTS. (ABAD AND GAMO)

44
SOME ADDITIONAL IMPORTANT TIPS IN THE CONDUCT OF CROSS- EXAMINATION:

1. THINK LIKE A COMMANDO;

2. NEVER ASK A QUESTION TO WHICH YOU DO NOT ALREADY KNOW THE
ANSWER;
3. ALWAYS ASK LEADING QUESTIONS. DEMAND A “YES” OR “NO” ANSWER
IF THAT IS WHAT YOU ARE SEEKING.
4. NEVER ASK THE WITNESS TO EXPLAIN;
5. NEVER ASK THE WITNESS FOR HELP;

DON’T ASK: “ISN’T TRUE THAT THE LIGHT WAS RED? RATHER SAY: “THE
LIGHT WAS RED.”

DON’T SAY: “ISN’T TRUE THAT YOU WERE GOING 95 MILES PER HOUR?
RATHER SAY: “ YOU WERE GOING 95 MILES PER HOUR.”

6. ASK ONLY ONE QUESTION AT A TIME.

7. ALWAYS HAVE FULL CONTROL OVER THE WITNESS.

HOW CAN YOU CONDUCT AN EFFECTIVE CROSS-EXAMINATION

1 WATCH THE WITNESS

2 LISTEN TO THE ANSWERS. HOW TO DEAL WITH EVASIVE WITNESS. THE

WITNESS IS EVASIVE, WON’T DIRECTLY ANSWER YOUR QUESTION WITH A “YES”
OR “NO” OR CLAIMS NOT TO KNOW WHAT THE MEANING OF “IS” IS. NEVER
INTERRUPT THE WITNESS, JUST GO BACK AND REPEAT YOUR QUESTION. NEVER
REPHRASE IT. REPEAT IT VERBATIM.

3 MAKE A STRONG OPENING

4 IDENTIFY THE SUBJECT MATTER

5 CONTROL YOUR TEMPER

6 AVOID ANIMOSITY

7 BE COURTEOUS TO THE WITNESS

8 SHOW RESPECT FOR THE COURT

9 BE BRIEF IN CROSS-EXAMINATION

45
10 MAINTAIN CONTROL OF THE WITNESS BY ASKING LEADING QUESTIONS

11 DO NOT RISK OPEN-ENDED QUESTIONS

12 DO NOT MAKE HIM REPEAT HIS STORY

13 AVOID APPEARANCE OF UNFAIRNESS

14 END WITH A BANG (ABAD AND GAMO)

SEC. 7. RE-DIRECT EXAMINATION; ITS PURPOSE AND EXTENT. – AFTER THE

CROSS-EXAMINATION OF THE WITNESS HAS BEEN CONCLUDED, HE MAY BE RE-
EXAMINED BY THE PARTY CALLING HIM, TO EXPLAIN OR SUPPLEMENT HIS
ANSWERS GIVEN DURING THE CROSS-EXAMINATION. ON RE-DIRECT
EXAMINATION, QUESTIONS ON MATTERS NOT DEALT WITH DURING THE CROSS-
EXAMINATION, MAY BE ALLOWED BY THE COURT IN ITS DISCRETION.

THIS EXAMINATION IS CONDUCTED AFTER THE CROSS-EXAMINATION OF

THE WITNESS. THE PARTY WHO CALLED THE WITNESS ON DIRECT EXAMINATION
MAY RE-EXAMINE THE SAME WITNESS TO EXPLAIN OR SUPPLEMENT HIS
ANSWERS GIVEN DURING THE CROSS-EXAMINATION. IT IS THE EXAMINATION OF A
WITNESS BY THE COUNSEL WHO CONDUCTED THE DIRECT EXAMINATION AFTER
THE CROSS-EXAMINATION.

IN REDIRECT EXAMINATION THE COUNSEL MAY ELICIT TESTIMONY TO

CORRECT OR REPEL ANY WRONG IMPRESSION ON INFERENCES THAT MAY HAVE
BEEN CREATED IN THE CROSS-EXAMINATION. IT MAY ALSO BE AN OPPORTUNITY
TO REHABILITATE A WITNESS WHOSE CREDIBILITY HAS BEEN DAMAGED. IN ITS
DISCRETION, THE COURT MAY EVEN ALLOW QUESTIONS ON MATTERS NOT
TOUCHED IN THE CROSS-EXAMINATION.

EXAMPLE:

THE WITNESS FOR THE PROSECUTION TESTIFIED ON DIRECT EXAMINATION

THAT HE ACTUALLY SAW THE ACCUSED STABBED THE VICTIM WHICH RESULTED
TO THE DEATH OF THE LATTER. DURING HIS CROSS EXAMINATION, IT APPEARED
THAT THE WITNESS HAD EXECUTED A PRIOR SWORN STATEMENT TO THE EFFECT
THAT HE DID NOT REALLY SEE THE ACTUAL STABBING INCIDENT. AT THIS POINT,
THE CREDIBILITY OF THE PROSECUTION’S WITNESS HAD BEEN GRAVELY
DAMAGED. AFTER THE CROSS-EXAMINATION, THE PROSECUTOR MAY CONDUCT
HIS RE-DIRECT EXAMINATION ON THE WITNESS BY ALLOWING HIM TO EXPLAIN
THE CIRCUMSTANCES ON HOW HE WAS ABLE TO EXECUTE SAID SWORN
STATEMENT, AND ALSO TO EXPLAIN HIS TWO CONFLICTING STATEMENTS ONE HE
MADE IN OPEN COURT AND THE OTHER IN HIS SWORN STATEMENT.

46
EXAMPLE:

THE WITNESS FOR THE DEFENSE, ON DIRECT EXAMINATION, TESTIFIED

THAT HE WAS AROUND 10 METERS FROM THE CRIME SCENE AND HE WAS ABLE
TO SEE THE SHOOTING INCIDENT. BUT WHILE ON CROSS EXAMINATION, HE
AFFIRMED THAT HE WAS ACTUALLY AROUND 50 METERS FROM THE CRIME
SCENE. ON RE-DIRECT EXAMINATION, THE WITNESS MAY BE MADE TO EXPLAIN
OR EXPOUND THE DISCREPANCY OF HIS DISTANCE FROM THE CRIME SCENE.

SEC. 8. – RE-CROSS EXAMINATION. – UPON THE CONCLUSION OF THE RE-

DIRECT EXAMINATION, THE ADVERSE PARTY MAY RE-CROSS-EXAMINE THE
WITNESS ON MATTERS STATE DIN HIS RE-DIRECT EXAMINATION, AND ALSO ON
SUCH OTHER MATTERS AS MAY BE ALLOWED BY THE COURT IN ITS DISCRETION.

THIS IS THE EXAMINATION CONDUCTED UPON THE CONCLUSION OF THE

RE-DIRECT EXAMINATION. HERE THE ADVERSE PARTY MAY QUESTION THE
WITNESS ON MATTERS STATED IN HIS RE-DIRECT EXAMINATION.

SEC. 9. RECALLING WITNESS. – AFTER THE EXAMINATION OF A WITNESS BY

BOTH SIDES HAS BEEN CONCLUDED, THE WITNESS CANNOT BE RECALLED
WITHOUT LEAVE OF COURT. THE COURT WILL GRANT OR WITHHOLD LEAVE IN
ITS DISCRETION, AS THE INTEREST OF JUSTICE MAY REQUIRE.

IF A WITNESS HAS BEEN EXAMINED BY BOTH SIDES, THE WITNESS CANNOT

BE RECALLED WITHOUT LEAVE OF COURT. RECALLING A WITNESS IS A MATTER
OF JUDICIAL DISCRETION. IN THE EXERCISE OF ITS DISCRETION, THE COURT
SHALL BE GUIDED BY THE INTERESTS OF JUSTICE.

SEC. 10. LEADING AND MISLEADING QUESTIONS. – A QUESTION WHICH

SUGGESTS TO THE WITNESS THE ANSWERS WHICH THE EXAMINING PARTY
DESIRES IS A LEADING QUESTION. IT IS NOT ALLOWED, EXCEPT:

1. ON CROSS-EXAMINATION;
2.ON PRELIMINARY MATTERS;
3 WHEN THERE IS DIFFICULTY IN
GETTING DIRECT AND
INTELLIGIBLE ANSWERS FROM A
WITNESS WHO IS IGNORANT, OR A
CHILD OF TENDER YEARS, OR IS
OF FEEBLE MIND, OR A DEAF-
MUTE;
4. OF AN UNWILLING OR HOSTILE
WITNESS; OR

47
OF A WITNESS WHO IS AN ADVERSE PARTY OR AN OFFICER, DIRECTOR, OR
MANAGING AGENT OF A PUBLIC OR PRIVATE CORPORATION OR OF A
PARTNERSHIP OR ASSOCIATION WHICH IS AN ADVERSE PARTY.

A MISLEADING QUESTION IS ONE WHICH ASSUMES AS TRUE A FACT NOT

YET TESTIFIED TO BY THE WITNESS, OR CONTRARY TO THAT WHICH HE HAS
PREVIOUSLY STATED. IT IS NOT ALLOWED.

A LEADING QUESTION IS ONE THAT IS FRAMED IN SUCH A WAY THAT THE

QUESTION INDICATES TO THE WITNESS THE ANSWER DESIRED BY THE PARTY
ASKING THE QUESTION.

A MISLEADING QUESTION IS ONE WHICH ASSUMES AS TRUE A FACT NOT

YET TESTIFIED TO BY THE WITNESS, OR CONTRARY TO THAT WHICH HE HAS
PREVIOUSLY STATED. IT IS NOT ALLOWED IN ANY TYPE OF EXAMINATION.

EXAMPLE:

(A) ASKING THE WITNESS ABOUT THE NUMBER OF HIS CHILDREN WHEN
THERE WAS NO SUCH PRIOR TESTIMONY IS A MISLEADING QUESTION.

(B) QUIZZING THE WITNESS RELATIVE TO THE SCHOOLS HE HAD

ATTENDED WHEN SAID FACT HAS NOT YET TESTIFIED TO BY THE WITNESS
IS ALSO CONSIDERED A MISLEADING QUESTION.

(C) WITNESS PREVIOUSLY TESTIFIED THAT HE WAS WALKING WHEN

CONFRONTED BY THE ACCUSED BUT WHEN QUERIED ON CROSS
EXAMINATION THAT HE WAS RUNNING AT THE TIME WHEN HE WAS
CONFRONTED BY THE ACCUSED, IS A MISLEADING QUESTION.

SEC. 11. IMPEACHMENT OF ADVERSE PARTY’S WITNESS. – A WITNESS MAY BE

IMPEACHED BY THE PARTY AGAINST WHOM HE WAS CALLED, BY
CONTRADICTORY EVIDENCE, BY EVIDENCE THAT HIS GENERAL REPUTATION FOR
TRUTH, HONESTY, OR INTEGRITY IS BAD, OR BY 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.

IMPEACHMENT IS BASICALLY A TECHNIQUE EMPLOYED USUALLY AS PART

OF THE CROSS-EXAMINATION TO DISCREDIT A WITNESS BY ATTACKING HIS
CREDIBILITY. DESTROYING CREDIBILITY IS VITAL BECAUSE IT IS LINKED WITH A
WITNESS’ ABILITY AND WILLINGNESS TO TELL THE TRUTH.

THE RULES ENUMERATE CERTAIN GUIDEPOSTS IN IMPEACHING A WITNESS:

48
 1. THE IMPEACHMENT OF A WITNESS IS TO BE DONE BY THE PARTY AGAINST
WHOM THE WITNESS IS CALLED (SECTION 11, RULE 132);
2. SUBJECT TO CERTAIN EXCEPTIONS, THE PARTY PRODUCING THE WITNESS
IS BARRED FROM IMPEACHING HIS OWN WITNESS (SECTION 12);
3. IT IS IMPROPER FOR THE PARTY CALLING THE WITNESS TO PRESENT
EVIDENCE OF THE GOOD CHARACTER OF HIS OWN WITNESS. THE SAME IS
ALLOWED ONLY IF THE CHARACTER OF THE WITNESS HAS BEEN
IMPEACHED (SECTION 14)

A WITNESS MAY BE IMPEACHED:

A. BY CONTRADICTORY EVIDENCE;
B. BY EVIDENCE THAT HIS GENERAL REPUTATION FOR TRUTH, HONESTY AND
INTEGRITY IS BAD; OR
C. BY EVIDENCE THAT HE HAS MADE AT OTHER TIMES STATEMENTS
INCONSISTENT WITH IS PRESENT TESTIMONY.

“CHARACTER” – IS MADE UP OF THE THINGS AN INDIVIDUAL ACTUALLY IS AND

DOES.

“REPUTATION” – IS WHAT PEOPLE THINK AN INDIVIDUAL IS AND WHAT THEY

SAY ABOUT HIM.

A. OFFER AND OBJECTION

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.

TO THE GENERAL RULE THAT THE COURT SHALL NOT CONSIDER ANY
EVIDENCE NOT FORMALLY OFFERED, THERE ARE CERTAIN EXCEPTIONS:

(1)UNDER THE RULE ON SUMMARY PROCEDURE, WHERE NO FULL BLOWN

TRIAL IS HELD IN THE INTEREST OF SPEEDY ADMINISTRATION OF JUSTICE;
(2) IN SUMMARY JUDGMENTS UNDER RULE 35, WHERE THE JUDGE BASES HIS
DECISIONS ON THE PLEADINGS, DEPOSITIONS, ADMISSIONS, AFFIDAVITS
AND DOCUMENT FILED WITH THE COURT;
(3) DOCUMENTS WHOSE CONTENTS ARE TAKEN JUDICIAL NOTICE BY THE
COURT;
(4) DOCUMENTS WHOSE CONTENTS ARE ADMITTED BY THE PARTIES;
(5) OBJECT EVIDENCE WHICH COULD NOT BE FORMALLY OFFERED BECAUSE
THEY HAVE DISAPPEARED OR HAVE BECOME LOST AFTER THEY HAVE BEEN
MARKED, IDENTIFIED AND TESTIFIED ON AND DESCRIBED IN THE RECORD
AND BECAME THE SUBJECT OF CROSS EXAMINATION OF THE WITNESSES
WHO TESTIFIED ON THEM DURING THE TRIAL, E.G., MARIJUANA INVOLVED
IN A PROHIBITED DRUGS PROSECUTION; AND

49
 (6) IN LAND REGISTRATION, CADASTRAL AND ELECTION CASES,
NATURALIZATION AND INSOLVENCY PROCEEDINGS WHEN IT IS NOT
PRACTICABLE AND CONVENIENT TO APPLY THE RULES ON FORMAL OFFER
OF EVIDENCE.

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.

DOCUMENTARY AND OBJECT EVIDENCE SHALL BE OFFERED AFTER THE

PRESENTATION OF A PARTY’S TESTIMONIAL EVIDENCE. SUCH OFFER SHALL BE
DONE ORALLY UNLESS ALLOWED BY THE COURT TO BE DONE IN WRITING.

SEC. 36. OBJECTION. – OBJECTION TO EVIDENCE OFFERED ORALLY MUST BE

MADE IMMEDIATELY AFTER THE OFFER IS MADE.

OBJECTION TO A QUESTION PROPOUNDED IN THE COURSE OF THE ORAL

EXAMINATION OF A WITNESS SHALL BE MADE AS SOON AS THE GROUNDS
THEREFOR SHALL BECOME REASONABLY APPARENT.

AN OFFER OF EVIDENCE IN WRITING SHALL BE OBJECTED TO WITHIN

THREE (3) DAYS AFTER NOTICE OF THE OFFER UNLESS A DIFFERENT PERIOD IS
ALLOWED BY THE COURT.

IN ANY CASE, THE GROUNDS FOR THE OBJECTION MUST BE SPECIFIED.

MODES OF EXCLUDING INADMISSIBLE EVIDENCE:

THERE ARE TWO WAYS OF EXCLUDING INADMISSIBLE EVIDENCE. ONE IS BY

OBJECTION AND THE OTHER IS BY A MOTION TO STRIKE OUT.

IN ORDER THAT AN OBJECTION OR A MOTION TO STRIKE OUT AFTER AN

ANSWER HAS BEEN GIVEN, MAY BE EFFECTIVE TO RENDER EVIDENCE
INADMISSIBLE, THE FOLLOWING REQUISITES MUST CONCUR:

(1)THERE MUST BE AN OBJECTION;

(2) THE OBJECTION MUST BE TIMELY MADE;
AND
(3) THE GROUND FOR OBJECTION MUST BE
SPECIFIED.

EVIDENCE IS OBJECTED TO AT THE TIME IT IS OFFERED AND NOT BEFORE:

50
 1. ORAL EVIDENCE IS OBJECTED TO AFTER ITS EXPRESS FORMAL OFFER HAS
BEEN MADE BEFORE THE WITNESS TESTIFIES. WHEN, THEREAFTER, THE
WITNESS IS ALLOWED TO TESTIFY, OBJECTION TO A QUESTION
PROPOUNDED IN THE COURSE OF THE ORAL EXAMINATION OF A WITNESS
SHALL BE MADE AS SOON AS THE GROUNDS THEREFORE SHALL BECOME
REASONABLY APPARENT;
2. A PARTY MAY WAIVE HIS OBJECTIONS TO THE COMPETENCY OF A WITNESS
TO TESTIFY IF, AFTER SUCH INCOMPETENCY APPEARS, SUCH PARTY FAILS
TO MAKE TIMELY OBJECTION, DESPITE HAVING KNOWLEDGE OF THE
INCOMPETENCY, WHETHER THE OBJECTION IS ON THE GROUND OF WANT
OF MENTAL CAPACITY OR FOR SOME OTHER REASON;
3. DOCUMENTARY AND OBJECT EVIDENCE ARE OBJECTED TO UPON THEIR
FORMAL OFFER AFTER THE PRESENTATION OF A PARTY’S TESTIMONIAL
EVIDENCE.

OBJECTIONS TO EVIDENCE MAY BE FORMAL OR SUBSTANTIVE:

1. FORMAL OBJECTIONS ARE BASED ON THE DEFECTIVE FORM OF THE QUESTION

ASKED.
EXAMPLES:

(A) LEADING QUESTIONS WHICH SUGGEST TO THE WITNESS THE

ANSWER DESIRED.

IF COUNSEL FINDS DIFFICULTY IN AVOIDING LEADING QUESTIONS, THE JUDGE

MAY SUGGEST, TO EXPEDITE THE PROCEEDINGS, THAT THE COUNSEL BEGIN HIS
QUESTIONS WITH THE PROPER INTERROGATIVE PRONOUNS, SUCH AS “WHO”,
“WHAT”, “WHERE”, “WHY”, “HOW”, ETC.
LEADING QUESTIONS ARE ALLOWED OF A WITNESS WHO CANNOT BE
REASONABLY EXPECTED TO BE LED BY THE EXAMINING COUNSEL, AS

ON CROSS- EXAMINATION;
WHEN THE WITNESS IS AN ADVERSE PARTY OR AN OFFICER, DIRECTOR, OR
MANAGING AGENT OF A PUBLIC OR PRIVATE CORPORATION OR OF A
PARTNERSHIP OR ASSOCIATION WHICH IS AN ADVERSE PARTY; OR
WHEN THE WITNESS IS UNWILLING OR HOSTILE, AFTER IT HAS BEEN
DEMONSTRATED THAT THE WITNESS HAS SHOWN UNJUSTIFIED RELUCTANCE TO
TESTIFY OR HAS AN ADVERSE INTEREST OR HAD MISLED THE PARTY INTO
CALLING HIM TO THE WITNESS STAND AND, IN EITHER CASE, AFTER HAVING BEEN
DECLARED BY THE COURT TO BE INDEED UNWILLING OR HOSTILE;

LEADING QUESTIONS MAY ALSO BE ASKED WHEN THERE IS DIFFICULTY IN

GETTING DIRECT AND INTELLIGIBLE ANSWERS FROM A WITNESS WHO IS
IGNORANT, OR A CHILD OF TENDER YEARS, OR IS FEEBLE MINDED, OR A DEAF-
MUTE.

51
LEADING MAY QUESTIONS MAY, MOREOVER, BE ASKED ON PRELIMINARY
MATTERS, I.E., ON FACTS NOT IN CONTROVERSY, AND OFFERED ONLY AS BASIS
FOR MORE IMPORTANT TESTIMONY TO FOLLOW. FOR EXAMPLE, “YOU ARE MRS.
MARIA MORALES, WIFE OF THE PLAINTIFF IN THIS CASES?”
LIKEWISE, ASKING A QUESTION WHICH USES AS A PREMISE ADMITTED FACTS OR
THE WITNESS’ PREVIOUS ANSWER IS NOT FOR THAT REASON OBJECTIONABLE AS
LEADING.

2. MISLEADING QUESTIONS, WHICH ASSUME AS TRUE A FACT NOT TESTIFIED TO

BY THE WITNESS (QUESTION HAS NO BASIS), OR CONTRARY TO THAT WHICH HE
HAS PREVIOUSLY STATED.

3. WHICH ARE TWO OR MORE QUERIES IN ONE. FOR EXAMPLE, “DID YOU SEE THE
DEFENDANT ENTER THE PLAINTIFF’ S HOUSE, AND WAS THE PLAINTIFF THERE?”

4. VAGUE, AMBIGUOUS, INDEFINITE, OR UNCERTAIN QUESTIONS – NOT ALLOWED

BECAUSE THE WITNESS CANNOT UNDERSTAND FROM THE FORM OF THE
QUESTION JUST WHAT FACTS ARE SOUGHT TO BE ELICITED.

5. REPETITIOUS QUESTIONS, OR THOSE ALREADY ANSWERED. HOWEVER, ON

CROSS-EXAMINATION, THE CROSS- EXAMINER MAY ASK A QUESTION ALREADY
ANSWERED TO TEST THE CREDIBILITY OF A WITNESS.

6. ARGUMENTATIVE QUESTIONS, WHICH CHALLENGE A WITNESS’ TESTIMONY BY

ENGAGING HIM IN AN ARGUMENT, E.G., “ISN’T IT A FACT MR. WITNESS THAT
NOBODY COULD POSSIBLY SEE ALL THE CIRCUMSTANCES YOU MENTIONED IN A
SPAN OR MERELY TWO SECONDS, AND THAT EITHER YOUR OBSERVATIONS ARE
INACCURATE OR YOU ARE LYING?”

II. SUBSTANTIVE OBJECTIONS ARE THOSE BASED ON THE

INADMISSIBILITY OF THE OFFERED EVIDENCE, E.G.,

1. IRRELEVANT, IMMATERIAL;
2. BEST EVIDENCE RULE;
3. PAROL EVIDENCE RULE;
4. DISQUALIFICATION OF WITNESS;
5. PRIVILEGED COMMUNICATION;
6. RES INTER ALIOS ACTA;
7. HEARSAY;
8. OPINION;
9. EVIDENCE ILLEGALLY OBTAINED;
10. PRIVATE DOCUMENT NOT AUTHENTICATED.

52
 AS PART OF HIS JUDICIAL FUNCTION, A JUDGE IS UNDENIABLY CLOTHED
WITH AUTHORITY TO ADMIT OR REJECT EVIDENCE DETERMINATIVE OF THE
OUTCOME OF THE CASE.

THE RULING BY THE COURT ON AN OBJECTION MUST BE GIVEN

IMMEDIATELY AFTER AN OBJECTION IS MADE, UNLESS THE COURT DESIRES TO
TAKE A REASONABLE TIME TO INFORM ITSELF ON THE QUESTION PRESENTED;
BUT THE RULING SHALL ALWAYS BE MADE DURING THE TRIAL AND AS SUCH TIME
AS WILL GIVE THE PARTY AGAINST WHOM IT IS MADE AN OPPORTUNITY TO MEET
THE SITUATIONS PRESENTED BY THE RULING. THUS, AN OBJECTION TO A
QUESTION ASKED OF A WITNESS MUST BE AT ONCE RESOLVED BY THE COURT BY
EITHER SUSTAINING OR OVERRULING THE OBJECTION.

IT WOULD BE INCORRECT FOR A JUDGE TO CONSIDER THE OBJECTION

“SUBMITTED” OR “NOTED.” UNLESS THE OBJECTION IS RESOLVED, THE
EXAMINATION OF THE WITNESS COULD NOT BE EXPECTED TO CONTINUE SINCE,
IN ALL LIKELIHOOD, THE NEXT QUESTION WOULD DEPEND ON HOW THE
OBJECTION IS RESOLVED.

JUDGES ARE ADVISED TO JUDICIOUSLY CONSIDER THE VALIDITY OF THE

GROUNDS FOR OBJECTIONS AND CAREFULLY RULE ON THEM. A RULING THAT ALL
EVIDENCE FORMALLY OFFERED ARE “ADMITTED FOR WHATEVER THEY MAY BE
WORTH” WILL NOT REFLECT WELL ON THE JUDGE, AS IT IMPLIES A HASTY AND
ILL-CONSIDERED RESOLUTION OF THE OFFER AND THE OBJECTIONS. BESIDES,
THE PHRASE “FOR WHATEVER THEY MAY BE WORTH” IS IMPROPER, SINCE IT
REFERS TO THE WEIGHT OR CREDIBILITY OF THE EVIDENCE. AT THE FORMAL
OFFER, THE ONLY ISSUE PRESENTED IS THE ADMISSIBILITY OF EVIDENCE; THE
WEIGHT OF THE EVIDENCE SHALL BE CONSIDERED ONLY AFTER THE EVIDENCE
SHALL HAVE BEEN ADMITTED. ANOTHER RULING THAT IS LUDICROUS AND EVEN
NONSENSICAL IS ‘EVIDENCE ADMITTED SUBJECT TO THE OBJECTIONS.” THIS IS
NON-RULING.

IN CASE OF HONEST DOUBT ABOUT THE ADMISSIBILITY OF EVIDENCE, IT IS

BETTER POLICY TO RULE IN FAVOR OF ITS ADMISSION. AN ERRONEOUS
REJECTION OF EVIDENCE WILL BE UNFAIR TO THE OFFEROR, SINCE THE JUDGE
CANNOT VALIDLY CONSIDER IT, EVEN IF AFTER THE TRIAL THE JUDGE REALIZES
HIS MISTAKE. ON THE OTHER HAND, IF THE JUDGE HAD ERRED IN ADMITTING A
PIECE OF EVIDENCE, HE MAY SIMPLY GIVE IT LITTLE OR NO WEIGHT WHEN
DECIDING THE CASE.

SEC. 40. TENDER OF EXCLUDED EVIDENCE. – IF THE DOCUMENTS OR THINGS

OFFERED IN EVIDENCE ARE EXCLUDED BY THE COURT, THE OFFEROR MAY HAVE
THE SAME ATTACHED TO OR MADE PART OF THE RECORD. IF THE EVIDENCE
EXCLUDED IS ORAL, THE OFFEROR MAY STATE FOR THE RECORD THE NAME AND
OTHER PERSONAL CIRCUMSTANCES OF THE WITNESS AND THE SUBSTANCE OF
THE PROPOSED TESTIMONY.

53
 THE FOREGOING RULE, CALLED “OFFER OF PROOF” IN OTHER
JURISDICTIONS, EMBODIES THE PROCEDURE FOR THE “TENDER OF EXCLUDED
EVIDENCE.” WHY MAKE A TENDER OF EXCLUDED EVIDENCE? YOU DO IT FOR TWO
REASONS: FIRST, TO ALLOW THE COURT TO KNOW THE NATURE OF THE
TESTIMONY OR THE DOCUMENTARY EVIDENCE AND CONVINCE THE TRIAL JUDGE
TO PERMIT THE EVIDENCE OR TESTIMONY. SECOND, EVEN IF HE IS NOT
CONVINCED TO REVERSE HIS EARLIER RULING, THE TENDER IS MADE TO CREATE
AND PRESERVE A RECORD FOR APPEAL.
EVEN IF THE RULES DO NOT SPELL OUT THE DETAILS ON HOW THIS
SHOULD BE DONE, IT IS A COMMON PRACTICE IN ALMOST ALL JURISDICTIONS,
FOR THE OFFERING COUNSEL TO PRODUCE, DESCRIBE, IDENTIFY THE OBJECT
OR DOCUMENT, AND IN CASE OF THE LATTER, TO STATE THE CONTENTS OF THE
DOCUMENT THAT IS SOUGHT TO BE ADMITTED WHERE THE SUBSTANCE OF THE
SAME IS NOT APPARENT ON ITS FACE.
THE NEXT STEP IS TO STATE THE PURPOSE FOR WHICH THE OBJECT OR
DOCUMENT SOUGHT TO BE ADMITTED IS OFFERED, AND ASK THAT IT BE MARKED
FOR IDENTIFICATION AND HAVE IT ATTACHED TO THE RECORD.
THERE ARE TWO TRADITIONAL METHODS OF MAKING THE TENDER:
THE FIRST IS WHERE THE COUNSEL TELLS THE COURT WHAT THE
PROPOSED TESTIMONY WILL BE. THIS IS THE METHOD PRESCRIBED IN THE RULES
OF COURT. THE FIRST METHOD HAS THE ADVANTAGE OF BREVITY AND
EFFICIENCY BUT DOES NOT CREATE AS CLEAR A RECORD AS THE SECOND
METHOD.
THE SECOND METHOD IS BY USING THE QUESTION AND ANSWER FORM.
MAY AN OBJECTION BE INTERPOSED TO THE MANNER OF TENDER OF
EXCLUDED EVIDENCE? THE RULES ARE SILENT ON THE ISSUE. HOWEVER, THERE
IS NO COGENT REASON TO DISALLOW THE OBJECTION. IF THE DOCUMENT
TENDERED IS NOT DESCRIBED OR IDENTIFIED, ITS SUBSTANCE STATED IN VAGUE
AND GENERAL TERMS OR WHEN THE PURPOSE FOR WHICH IT IS OFFERED IS NOT
DECLARED, THEN THE EVIDENCE HAD TO BE OBJECTED TO. IF THE TESTIMONY
TENDERED IS IN THE FORM OF A CONCLUSION AND THUS, FAILS TO DISCLOSE
SUFFICIENT INFORMATION TO ENABLE THE COURT AND THE OTHER PARTY TO
DETERMINE ITS ADMISSIBILITY, THE SAME MAY LIKEWISE BE THE TARGET OF AN
OBJECTION.

A.M. No. 12-8-8-SC

JUDICIAL AFFIDAVIT RULE

Whereas, case congestion and delays plague most courts in cities, given

the huge volume of cases filed each year and the slow and cumbersome
adversarial syste1n that the judiciary has in place;

Whereas, about 40% of criminal cases are dismissed annually owing to the
fact that complainants simply give up conming to court after repeated
postponements;

Whereas, few foreign businessmen make long-term investments in the

Philippines because its courts are unable to provide ample and speedy
protection to their investments, keeping its people poor;

54
Whereas, in order to reduce the time needed for completing the testimonies
of witnesses in cases under litigation, on February 21, 2012 the Supreme
Court approved for piloting by trial courts in Quezon City the compulsory
use of judicial affidavits in place of the direct testimonies of witnesses;

Whereas, it is reported that such piloting has quickly resulted in reducing by

about two-thirds the time used for presenting the testimonies of witnesses,
thus speeding up the hearing and adjudication of cases;

Whereas, the Supreme Court Committee on the Revision of the Rules of

Court, headed by Senior Associate Justice Antonio T. Carpio, and the Sub-
Committee on the Revision of the Rules on Civil Procedure, headed by
Associate Justice Roberto A. Abad, have recommended for adoption a
Judicial Affidavit Rule that will replicate nationwide the success of the
Quezon City experience in the use of judicial affidavits; and

Whereas, the Supreme Court En Banc finds merit in the recommendation;

NOW, THEREFORE, the Supreme Court En Banc hereby issues and

promulgates the following:

Section 1. Scope. - (a) This Rule shall apply to all actions, proceedings,
and incidents requiring the reception of evidence before:

(1) The Metropolitan Trial Courts, the Municipal Trial Courts in

Cities, the Municipal Trial Courts, the Municipal Circuit Trial
Courts, and the Shari' a Circuit Courts but shall not apply to
small claims cases under A.M. 08-8-7-SC;

(2) The Regional Trial Courts and the Shari'a District Courts;

(3) The Sandiganbayan, the Court of Tax Appeals, the Court of

Appeals, and the Shari'a Appellate Courts;

(4) The investigating officers and bodies authorized by the

Supreme Court to receive evidence, including the Integrated
Bar of the Philippine (IBP); and

(5) The special courts and quasi-judicial bodies, whose rules of

procedure are subject to disapproval of the Supreme Court,
insofar as their existing rules of procedure contravene the
provisions of this Rule.1

(b) For the purpose of brevity, the above courts, quasi-judicial bodies,
or investigating officers shall be uniformly referred to here as the
"court."

Section 2. Submission of Judicial Affidavits and Exhibits in lieu of direct

testimonies. - (a) The parties shall file with the court and serve on the
adverse party, personally or by licensed courier service, not later than five
days before pre-trial or preliminary conference or the scheduled hearing
with respect to motions and incidents, the following:

(1) The judicial affidavits of their witnesses, which shall take the
place of such witnesses' direct testimonies; and

55
 (2) The parties' documentary or object evidence, if any, which
shall be attached to the judicial affidavits and marked as
Exhibits A, B, C, and so on in the case of the complainant or
the plaintiff, and as Exhibits 1, 2, 3, and so on in the case of the
respondent or the defendant.

(b) Should a party or a witness desire to keep the original document

or object evidence in his possession, he may, after the same has
been identified, marked as exhibit, and authenticated, warrant in his
judicial affidavit that the copy or reproduction attached to such
affidavit is a faithful copy or reproduction of that original. In addition,
the party or witness shall bring the original document or object
evidence for comparison during the preliminary conference with the
attached copy, reproduction, or pictures, failing which the latter shall
not be admitted.

This is without prejudice to the introduction of secondary evidence in place

of the original when allowed by existing rules.

Section 3. Contents of judicial Affidavit. - A judicial affidavit shall be

prepared in the language known to the witness and, if not in English or
Filipino, accompanied by a translation in English or Filipino, and shall
contain the following:

(a) The name, age, residence or business address, and occupation of

the witness;

(b) The name and address of the lawyer who conducts or supervises
the examination of the witness and the place where the examination
is being held;

(c) A statement that the witness is answering the questions asked of

him, fully conscious that he does so under oath, and that he may face
criminal liability for false testimony or perjury;

(d) Questions asked of the witness and his corresponding answers,

consecutively numbered, that:

(1) Show the circumstances under which the witness acquired

the facts upon which he testifies;

(2) Elicit from him those facts which are relevant to the issues
that the case presents; and

(3) Identify the attached documentary and object evidence and

establish their authenticity in accordance with the Rules of
Court;

(e) The signature of the witness over his printed name; and

(f) A jurat with the signature of the notary public who administers the
oath or an officer who is authorized by law to administer the same.

56
Section 4. Sworn attestation of the lawyer. - (a) The judicial affidavit shall
contain a sworn attestation at the end, executed by the lawyer who
conducted or supervised the examination of the witness, to the effect that:

(1) He faithfully recorded or caused to be recorded the

questions he asked and the corresponding answers that the
witness gave; and

(2) Neither he nor any other person then present or assisting

him coached the witness regarding the latter's answers.

(b) A false attestation shall subject the lawyer mentioned to

disciplinary action, including disbarment.

Section 5. Subpoena. - If the government employee or official, or the

requested witness, who is neither the witness of the adverse party nor a
hostile witness, unjustifiably declines to execute a judicial affidavit or
refuses without just cause to make the relevant books, documents, or other
things under his control available for copying, authentication, and eventual
production in court, the requesting party may avail himself of the issuance
of a subpoena ad testificandum or duces tecum under Rule 21 of the Rules
of Court. The rules governing the issuance of a subpoena to the witness in
this case shall be the same as when taking his deposition except that the
taking of a judicial affidavit shal1 be understood to be ex parte.

Section 6. Offer of and objections to testimony in judicial affidavit. - The

party presenting the judicial affidavit of his witness in place of direct
testimony shall state the purpose of such testimony at the start of the
presentation of the witness. The adverse party may move to disqualify the
witness or to strike out his affidavit or any of the answers found in it on
ground of inadmissibility. The court shall promptly rule on the motion and, if
granted, shall cause the marking of any excluded answer by placing it in
brackets under the initials of an authorized court personnel, without
prejudice to a tender of excluded evidence under Section 40 of Rule 132 of
the Rules of Court.

Section 7. Examination of the witness on his judicial affidavit. - The

adverse party shall have the right to cross-examine the witness on his
judicial affidavit and on the exhibits attached to the same. The party who
presents the witness may also examine him as on re-direct. In every case,
the court shall take active part in examining the witness to determine his
credibility as well as the truth of his testimony and to elicit the answers that
it needs for resolving the issues.

Section 8. Oral offer of and objections to exhibits. - (a) Upon the

termination of the testimony of his last witness, a party shall immediately
make an oral offer of evidence of his documentary or object exhibits, piece
by piece, in their chronological order, stating the purpose or purposes for
which he offers the particular exhibit.

(b) After each piece of exhibit is offered, the adverse party shall state
the legal ground for his objection, if any, to its admission, and the
court shall immediately make its ruling respecting that exhibit.

57
 (c) Since the documentary or object exhibits form part of the judicial
affidavits that describe and authenticate them, it is sufficient that such
exhibits are simply cited by their markings during the offers, the
objections, and the rulings, dispensing with the description of each
exhibit.

Section 9. Application of rule to criminal actions. - (a) This rule shall apply
to all criminal actions:

(1) Where the maximum of the imposable penalty does not

exceed six years;

(2) Where the accused agrees to the use of judicial affidavits,

irrespective of the penalty involved; or

(3) With respect to the civil aspect of the actions, whatever the
penalties involved are.

(b) The prosecution shall submit the judicial affidavits of its witnesses
not later than five days before the pre-trial, serving copies if the same
upon the accused. The complainant or public prosecutor shall attach
to the affidavits such documentary or object evidence as he may
have, marking them as Exhibits A, B, C, and so on. No further judicial
affidavit, documentary, or object evidence shall be admitted at the
trial.

(c) If the accused desires to be heard on his defense after receipt of

the judicial affidavits of the prosecution, he shall have the option to
submit his judicial affidavit as well as those of his witnesses to the
court within ten days from receipt of such affidavits and serve a copy
of each on the public and private prosecutor, including his
documentary and object evidence previously marked as Exhibits 1, 2,
3, and so on. These affidavits shall serve as direct testimonies of the
accused and his witnesses when they appear before the court to
testify.

Section 10. Effect of non-compliance with the judicial Affidavit Rule. - (a) A

party who fails to submit the required judicial affidavits and exhibits on time
shall be deemed to have waived their submission. The court may, however,
allow only once the late submission of the same provided, the delay is for a
valid reason, would not unduly prejudice the opposing party, and the
defaulting party pays a fine of not less than P 1,000.00 nor more
than P 5,000.00 at the discretion of the court.

(b) The court shall not consider the affidavit of any witness who fails
to appear at the scheduled hearing of the case as required. Counsel
who fails to appear without valid cause despite notice shall be
deemed to have waived his client's right to confront by cross-
examination the witnesses there present.

(c) The court shall not admit as evidence judicial affidavits that do not
conform to the content requirements of Section 3 and the attestation
requirement of Section 4 above. The court may, however, allow only
once the subsequent submission of the compliant replacement

58
 affidavits before the hearing or trial provided the delay is for a valid
reason and would not unduly prejudice the opposing party and
provided further, that public or private counsel responsible for their
preparation and submission pays a fine of not less than P 1,000.00
nor more than P 5,000.00, at the discretion of the court.

Section 11. Repeal or modification of inconsistent rules. - The provisions of

the Rules of Court and the rules of procedure governing investigating
officers and bodies authorized by the Supreme Court to receive evidence
are repealed or modified insofar as these are inconsistent with the
provisions of this Rule.

The rules of procedure governing quasi-judicial bodies inconsistent

herewith are hereby disapproved.

Section 12. Effectivity. - This rule shall take effect on January 1, 2013

following its publication in two newspapers of general circulation not later
than September 15, 2012. It shall also apply to existing cases.

Manila, September 4, 2012.

SAMPLE FORM OF JUDICIAL AFFIDAVIT

Republic of the Philippines

REGIONAL TRIAL COURT
6th Judicial Region
Branch 32
Iloilo City

SPOUSES GLOBERT AND MARJORIE SANTOS

                                    Plaintiffs,

-         versus   -                                       Civil Case No. 20-1580

                      
For: Declaration of Nullity of
Real Estate Mortgage

ABC BANKING CORPORATION

                                    Defendant.
x-------------------------------------------------x

JUDICIAL AFFIDAVIT
            I,ROGER CRUZ, of legal age, Filipino, single, a resident of and with
post office address at 123 Sta. Cruz St. Iloilo City, am testifying as one of
the witnesses for the defendant in the above entitled case, and, fully
conscious and aware that I answer the questions propounded under oath
and may thus be held criminally liable for false testimony or perjury, under
oath, hereby depose and state:
Q1      -                 Who is the lawyer conducting this examination and please state
the place where this examination is being conducted?
A   -     Atty. JERRY ILONGGO, and the examination is being held at 2/F ACE
Corporate Center, Iloilo City.

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 Q2      -                 In what manner has Atty. JERRY ILONGGO conducted the
examination, as regards the questions asked and the answers you gave?
A   -     Atty. JERRY ILONGGO has encoded in her desktop computer the
questions she prepared, and, read them to me, and asked me to answer
each and every question she asks.
Q3      -                 Is there anyone else present while the examination is being
conducted?
A         -           None ma’am.
Q4      -                 Do you know the defendant in this case?
A         -           Yes, ma’am.
Q5      -                 Why do you know the defendant ABC Banking Corporation?
A         -           I am employed as the manager for its Iloilo City Office since  2010.
Q6      -                 What are your responsibilities as a manager?
A         -           I am responsible for the management and operations of the   bank.
Q7      -                 How about the plaintiffs in this case, do you know them?
A         -           Not personally ma’am. But I know that they filed a complaint
against ABC Banking Corporation regarding an alleged void real estate
mortgage executed in favor of the bank.
Q8      -                 I am showing to you a two-page certified true copy of a “Real
Estate Mortgage”  dated and notarized on January 2, 1992 previously
marked as Exhibit “1”, are you referring to this?
A        -          Yes, ma’am.
Q9      -                 Why did the plaintiffs in this case execute a mortgage contract?
A         -           It is a security for payment because the spouses Santos
obtained a loan of one hundred and fifty thousand-peso (P 150,000) from
ABC Bank.
Q10      -            What are the properties mortgaged by the plaintiffs in this
mortgage contract?
A         -           The plaintiffs mortgaged two parcels of land located in Naga
City, the first covered by Transfer Certificate Title (TCT) No. 12345 and the
second by Tax Declaration (TD) No. 678910 and designated as Cadastral
Lot No.  10.
Q11      -            Were the plaintiffs able to pay their loan when it became due?
A         -           No, ma’am.
Q12      -            What did the bank do, if any, when the plaintiffs defaulted on their
loan obligation?
A         -           After several demands, both oral and written, all of which were
not heeded, the bank finally decided to foreclose the mortgage extra
judicially.
Q13      -            I am showing to you a one-page certified true copy of a “Notice of
Extra Judicial Foreclosure” previously marked as Exhibit “2”, are you
referring to this?

60
 A         -           Yes, ma’am.
Q14      -            Who was the buyer of the properties when the same were sold at
the foreclosure sale?
A         -           ABC Banking Corporation, as lone bidder, bought the
properties for P400,000.  ABC was issued a Certificate of Extra-Judicial
Sale.
Q15      -            Showing to you this “Certificate of Extra-Judicial Sale” marked as
Exhibit “3”, are you referring to this?
A         -           Yes, ma’am.
Q16      -            What did ABC Banking Corporation do after the issuance of the
said certificate?
A         -           ABC secured a writ of possession after it acquired the property
as winning bidder.
Q17      -            Did the plaintiffs redeem the properties during the redemption
period allowed by law?
A         -           No, ma’am.
Q18      -            When the plaintiffs failed to redeem the properties what did ABC
Banking Corporation do, if any?
A         -           ABC Banking Corporation consolidated its ownership over the
subject properties. ABC also secured a new title over the property covered
by TCT No. 12345 and new tax declaration under its name for Lot No. 10
Q19      -            I here show you to you an “Affidavit of Consolidation of
Ownership”, a “Transfer Certificate Title No. 111213” and a “Tax
Declaration No. 141516”, all of which were previously marked as Exhibits
“4”, “5” and “6” respectively, are these the documents you are referring to?
A         -           Yes, ma’am.
Q20      -            How did this case come to your attention?
A         -           On 1 May 2015, ABC Banking Corporation has received a copy
of a complaint filed by spouses Santos seeking the declaration of nullity of
mortgage over Lot No. 10.
Q21      -            What is the basis of the plaintiffs in arguing that the mortgage over
Lot No. 10 is void?
A         -           The plaintiffs contended that a mortgage could not have been
validly constituted over Lot No. 10 because they were not the owners of the
property when the mortgage was created.
Q22      -            What can you say about the plaintiffs’ contention?
A         -           Such allegation is baseless and is a desperate attempt to nullify
a valid mortgage.
Q23      -            Did you verify the ownership of the plaintiffs of Lot No. 10 before
the execution of mortgage contract?
A         -           Yes, ma’am.
Q24      -            What evidence do you have to prove that the plaintiffs were the
owner of Lot No. 10 before and during the execution of mortgage contract?
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A   -     Prior to the approval of the loan, our property appraiser and credit
investigator conducted an ocular inspection of the properties and verified
that the spouses were in fact the owners of the properties. Their residence
is even constructed on Lot No. 10 during the execution of the mortgage up
to present.
Q25      -            I show to you an “Ocular Inspection Report” previously marked as
Exhibit “7”, is this the document you are referring to?
A         -           Yes, ma’am.
Q31    -           Are there other evidence to prove their ownership of Lot No.
10?
A   -     The former tax declaration of the subject lot, Tax Declaration No.
678910, clearly reflects their ownership of the property as early as 12
September 1990 or a little less than two years prior to the constitution of
mortgage.
Q32    -           I show to you this “Tax Declaration No. 678910” marked as
Exhibit “8”, is this the same tax declaration which proves the plaintiffs’
ownership over Lot No. 10?
A         -           Yes, ma’am.
Q33    -           Do you have anything to add?
A         -           None, ma’am.
In witness whereof, I here sign my name this 1 st day of September,
2015 at Naga City, Philippines.

                                                                        ROSALINDA CRUZ
SUBSCRIBED and SWORN to before me, this 1 st day of September,
2015 at Iloilo City, personally appeared ROGER CRUZ with LTO Driver’s
License No. HE98765 to expire on 08 March 2016, known to me to be the
same person who executed this Judicial Affidavit and who acknowledged to
me that the same as her free act and deed.
           
            Witness my hand and seal.
Doc. No. ___
Page No. ___
Book No.___
Series of 2015
LAWYER’S ATTESTATION
            I, JERRY ILONGGO, under my own oath as a lawyer hereby attest
that I conducted the examination of the witness, that I have faithfully
recorded the questions I asked and the corresponding answers that the
witness gave, and that neither I nor any other person, then present or
assisting me coached the witness regarding her answers.
In witness whereof, I here sign my name this 1 st day of September,
2015 at Iloilo City, Philippines.

                                                                        ATTY JERRY ILONGGO

                                                                       

62
 SUBSCRIBED and SWORN to before me, this 1 st day of September,
2015 at Iloilo City, personally appeared ATTY JERRY ILONNGO with LTO
Driver’s License No. JR1234567 to expire on 27 January 2020. I further
certify that I personally examined the affiant and I am satisfied that she fully
understood and voluntarily executed the foregoing attestation.
           
            Witness my hand and seal.
Doc. No. ___
Page No. ___
Book No.___
Series of 2015

ATTY. REY TUPAZ

Copy furnished: (by personal service)

ATTY. _______________________
Counsel for the Plaintiffs
123 Mayon Ave., Iloilo City

THANK YOU

63