A GUIDE TO OBJECTIONS frrelevant “Objection, Your Honor, the question iS@PPCleVaNConD When is the question irrelevant? + If it does not have day logical connection to the matter in issue. "Evidence offered does not tend to prove a fact in issue. How to meet the objection? = Establish the relevance or logical connection of your question to the matter in issue. = “We request for some latitude, your Honor.” Say that the relevance of the question shall be evident once you ask the succeeding questions. Basis: Section 3, Rule 128, Rules of Court - Sec, 3. Admissibility of evidence, — Evidence is admissible when it is relevant to the issue and is not excluded by the law or these rules. Section 4, Rule 128, Rules of Court - Seo. 4. Relevancy; collateral matters. — Evidence must have such a relation to the fact in issue as to induce belief in its existence or non-existence. Evidence on collateral matters shall not be allowed, except when it tends in any reasonable degree to establish the probability or improbability of the fact in issue. Immaterial “Objection, Your Honor(iimimiatenia).” ‘When immaterial? Evidence proves a fact not in issue (The fact being proved is not contained in any of the pleadings). How to meet the objection? + Establish the materiality of your question. “Your Honor, the answer to the question shall prove (cite the matter raised in the pleading)” = “We request for some latitude, your Honor.” Say that the materiality of the question shall be evident once you ask the succeeding questions. Basis: ction 3, Rule 128, Rules of Court ~Sec. 3. Admissibility of evidence, — Evidence is admissible when it is relevant to the issue and is not excluded by the law or these rules. Section 4, Rule 128, Rules of Court — Sec. 4, Relevancy; collateral matters. — Evidence must have such a relation to the fact in issue as to induce belief in its existence or non-existence. Evidence on‘collateral matters shall not be allowed, except when it tends in any reasonable degree to establish the probability or improbability of the fact in issue. Incompetent “Objection, Your Honor, the evidence presented ifimeompetent.” ness is incompetent to testify.” — “Objection, Your Honor. The wi When is the evidence presented incompetent? The Testimony or document presented, while possibly relevant, is excluded by law or by the rules of evidence. When is a witness incompetent to answer the question? The witness is not qualified to properly answer the question because of reasons such as: «He has no knowledge on the issue asked (Hearsay) + The laws or rules of evidence prohibit him from testifying, (Privileged communication) ‘How to meet the objection? * Explain why the witness is competent, = “We request for some latitude, your Honor.” Say that the materiality of the question shall be evident once you ask the succeeding questions. Basis: Section 3, Rule 128, Rules of Court — Sec. 3 Admissibility of evidence, - Evidence is admissible when it is relevant to the issue and is not excluded by the law or these rules. Leading “Objection, Your Honor, the question ighenling> ‘When is a question leading? When the question is framed in such manner that it already suggests to the witness the answer to the question.When is a leading question permitted? During cross-examination = When preliminary matters are asked = Examination of an adverse party «Examination of a hostile witness * Dfiring the identification of person, things or exhibits How to respond to this objection? = Reform the question (e.g. add the clause “if'any”) «The question refers only to preliminary matters + There is already basis on record Basis: Section 10, Rule 132, Rules of Court = Sec. 10. Leading and misleading questions. ~ A question which suggests to the witness the answer which the examining party desires is a leading question. It is not allowed, except: a. On cross examination; b. Onpreliminary matters; c. 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 €. _ Of a witness who is an adverse party or an officers, director or managing agent of a public or private corporation or of @ partnership or association which is an adverse party. Misleading “Objection, Your Honor, the question ‘When is a question misleading? * When the question suggests to the witness a wrongful or untruthful answer + Itis designated to(@OiRiSEIHEIWMHESs or to make the witness give a false or inconsistent answer. How to respond to this objection? * “Your Honor, the question is very simple...” Restate the question in a clearer manner to prove that the question does not intend to mislead the witness. = “Your Honor, the question merely asks the witness . ..” State in simpler terms what you _ want to know from the witness = "Rephrase your question.Basis: Section 10, Rule 152, Rules of Court ~ Sec. 10. Leading and misleading questions . ~ x x x ‘A misleading question is one which assumes as tfue a fact not yet testified to by the witness, or contrary to that which he has previously stated. It is not allowed. Hearsay “Objection, Your Honor, the question calls for HOMSaQeMGeReE 1, F move that the testimony SQSHHGRERIGHRe reeord for being “Your Hor ‘What is hearsay? It is the testimony as to what someone said other than the one testifying in court. ‘When does the question call for a hearsay testimony? When the answer called for requires testimony not within the personal knowledge and experience of the witness. How to respond to the objection? * “Your Honor, this is an exception to the hearsay rule.” Then, cite the exception to the hearsay rule. = “The testimony to be given is an independent relevant statement, your Honor.” Basis: Section 36, Rule 130, Rules of Court — Sec. 36 Testimony generally confined to personal knowledge; hearsay excluded. ~ A ‘witness can testify only to those facts which he knows of his personal knowledge; that is, which are derived from his own perception, except as otherwise provided in these rules. What is an independent relevant statement? been made is relevant. Regardless of the truth or falsity of a statement, the fact that it h What are some of the exceptions to hearsay rule (and their requisites)? "Declaration against interest The declarant is not available to testify The declaration is contrary to the defendant's interest ‘The declarant was aware that the declaration is contrary to his interest ‘The declarant knew facts pertaining to the declaration The declarant had no motive to misrepresent or falsify veeneBasis: Section 38, Rule 130, Rules of Court - Sec. 38, Declaration against interest. - The declaration made by a person deceased, or unable to testify, against the interest of the declarant, ifthe fact asserted in the declaration was at the time it was made so far contrary to declarant’s own interest, that a reasonable man in his position would not have made the declaration unless he believed it to be true, may be received in evidence against himself or his successors in interest and against third persons. = Res gestae — 1. Sudden occurrence 2, A spontaneous and unpremeditated statement was made during or immediately after the sudden occurrence. 3. The statement made must relate to the circumstances of the sudden occurrence. Basis: Section 42, Rule 130, Rules of Court— Sec. 42. Part of the res gestae. — Statements made by a person while a startling occurrence is taking place or immediately prior or subsequent thereto with respect to the circumstances thereof, may be given in evidence as part of the res gestae. So, also, statements accompanying an equivocal act material to the issue, and giving it a legal significane, may be received as part of the res gestae. = Book entries ~ Entries are made at or near the time to which they refer The person who made the entry knows the facts stated therein ‘The entry is made in the professional capacity or in the performance of his duties The entry is made in the ordinary and regular course of business or duty The person who made the entry is unable to testify peer Basis: Section 43, Rule 130, Rules of Court Sec. 43. Entries in the course of business, — Entries made at, or near the time of the transactions to which they refer, by a person deceased or unable to testify, who was in a position fo know the facts therein stated, may be received as prima facie evidence, if such person made the entties in his professional capacity or in the performance of duty and in the ordinary or regular course of business or duty. "Official records ~1. Made by a public officer in the performance of his duty; OR 2, Made by a person in the performance of @ duty enjoined by law Basis: Section 44, Rule 130, Rules of Court * Sec. 44, Entries in official records, ~ Entries in official records made in the performance of his duty by a public officer of the Philippines, or by a person in the performance of a duty specially enjoined by law, are prima facie evidence of the facts therein stated. ® Prior testimony — 1, Person who made the statement is unable to testify 2. The testimony was made in former proceeding 3. There is an identity of party and issues in the former and the current proceedings. 4, There is an opportunity to cross-examine the witnesses. Basis: Section 47, Rule 130, Rules of Court — Seo. 47. Testimony or deposition at a former proceeding, ~ The testimony or deposition of a witness deceased or unable to testify, given in a former case or proceeding, judicial or administrative, involving the same parties and subject matter, may be given in evidence against the adverse party who had the opportunity to cross-examine him. Compound “Objection, Your Honor, counsel is asking a(@omipound question” When objectionable? * When the question contains conjunctions (“and”, “or”) and the hearing body may be misled in determining which part of the question is being answered by the witness. Why objectionable? * Ibis prohibited because: Part of the question may call for irrelevant and inadmissible testimony: Basis: Section 3, Rule 128, Rules of Court ~ Sec. 3. Admissibility of evidence. ~ Evidence is admissible when it is relevant to the issue and is not excluded by the law or these rules.b. ‘The witness may not realize that there are several queries in the question and he may forget to answer some of them; and ¢. The court may find it difficult to determine which part of the question is being answered and left unanswered by the witness. [ef. Pronove, Evidence in Action (1995), p.18] Example Did you go to Ilocos Sur on the 15" or to Manila on the 16™ How to meet the objection? Reform your question, Ambiguous / Vague Question | “Objection, Your Honor, the question is vague, ambiguous, or unintelligible.” ‘When to make this objection? When the question cannot be understood or may be understood in two or more possible senses. ‘Why objectionable? = Ibis only from clear questions that clear answers can be obtained. Corollary, it is only from clear answers that the truth can be ascertained. [ef. Pronove, Evidence in Action (1995), p. 21] How to meet this objection? * Repeat your question and insist that the question is very clear and simple. = Clarify your question. General Question “Objection, Your Honor, the question is too general.” Question Calling for Narration “Your Honor, the question calls for a narration. “Objection on the ground that the question calls for a general answer.” “Your Honor, may we request the witness to limited his answer to ... (state the limits of the answer) ‘When to interpose this objection? © When the question shall elicit a narration + The question too broad or indefinite that it allows the witness to inject irrelevant or inadmissible matter Why objectionable?* When a question clicits very general answers, such that the witness can say almost anything that comes to mind, the introduction of irrelevant and inadmissible evidence cannot be avoided. [cf, Pronove, Evidence in Action (1995), p. 19] = On the other hand, a narrative question invites a continuous recitation of an incident from beginning to end. Thus, a witness is practically given the freedom to say almost anything even if not cofnected or relevant to an issue. [ef. Pronove, Evidenee in Action (1995), p.20] Basis: Section 3, Rule 128, Rules of Court — svidence is admissible when it is relevant to the issue See. 3. Admissibilty of evidence. and is not excluded by the law or these rules. How to meet this objection? * © Rephrase and limit your question, “Your Honor, the witness may limit his answer to (state the limits of the answer)” = “Your Honor, the answer of the witness is relevant to the issue at hand.” Lack of Basis or Foundation “Objection, Your Honor, the question has no basis. It has not been shown that...” “Objection, Your Honor. No sufficient foundation has been Iaid to establish or show that...” ‘When to make this objection? = When the question requires an answer, the preliminary facts of which have not yet been made of record. Basis: Section 36, Rule 130, Rules of Court - Sec. 36. Testimony generally confined to personal knowledge; hearsay excluded. — A witness can testify only to those facts which he knows of his personal knowledge; that is, which are derived from his own perception, except as otherwise provided in these rules.How to meet this objection? First elicit the prelimary facts of the answer sought from the witness. “Your Honor, the preliminary fact has already been established earlier.” [cite earlier testimony made or documentary evidence introduced]. E “Your Honor, the basis is of judicial notice.” ‘ What matters are of judicial notice? Any of the following - Political history - Law of nations - Political constitution - History of the Philippines - Official acts of the executive, legislative and judicial departments - Laws of nature - Measure of time - Geographical divisions ‘Those which are public knowledge, capable of unquestionable demonstration, or ought to be known by the judges by virtue of their functions. Basis: Sections 1 and 2, Rule 129, Rules of Court — Sec. 1. Judicial notice, when mandatory. — A court shall take judicial notice, without the introduction of evidence, of the existence and territorial extent of states, their political history, forms of government and symbols of nationality, the law of nations, the admiralty and maritime courts of the world and their seals, the political constitution and history of the Philippines, the official acts of the legislative, executive and judicial departments of the Philippines, the laws of nature, the measure of time and the geographical divisions. Sec. 2. Judicial notice, when discretionary, ~ A court may take judicial notice of matters which are of public knowledge, or are capable of unquestionable demonstraton, or ought to be known to judges because of their judicial functions. Assumes facts notin evidence “Objection, Your Honor, on the ground that the questiow assumes a fact not in evidence.”When should this objection be made? "When the question assumes facts not yet proved or seeks to bring forward facts which * may not be true, & Ietraps the witness into impliedly affirming the truth of the assumed fact without his meaning to do so. Basis: Section 10, Rule 132, Rules of Court ~ Sec. 10. Leading 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, Expert Opinion _ “Objection, yourhonor, because the question calls for the opinion of an expert and the witness has not been qualified as such.” When to use this objection? When the question calls for an answer which is highly technical in nature or involves specialized knowledge. How to meet this objection? * Qualify the witness as an expert. Establish his qualifications on education, special study Training and work experience in the particular field on which is he going to testify + Request for a stipulation that the witness is an expert Basis: Sections 48, 49 and 50, Rule 130, Rules of Court — Sec. 48, General rule, ~ The opinion of witness is not admissible, except as indicated in the following section, Sec. 49. Opinion of expert witness. ~The opinion of @ witness on a matter requiring special knowledge, skill experience or training which he is shown to possess, may be received in evidence. Sec. 50. Opinion of ordinary witnesses. ~ The opinion of a witness for which proper basis is given, may be received in evidence regarding — a, The identity of a person about whom he has adequate knowledge; b. A handwriting with which he has sufficient familiarity; and cc. The mental sanity of a person with whom he is sufficiently acquainted‘The witness may also testify on his impressions of the emotion, behaviour, condition or appearance of a person. Speculation “Objection, your Honor. The question calls for speculation on the part of the witness.” When speculative? When the answer of the witness cannot be based on his personal knowledge. The witness is also incompetent to render an opinion on the matter. How to meet this objection? * Your Honor, the answer to the question concems matters which have been personally perceived by the witness.” * “Based on his personal knowledge or his common experience, the witness can give an opinion on the matter.” Basis: Sections 36 and 48, Rule 130, Rules of Court ~ Sec. 36 Testimony generally confined to personal knowledge; hearsay excluded. — A witness can testify only to those facts which he knows of his personal knowledge, that is, which are testified from his own perception, except as otherwise provided in these rules. Sect. 48. General rule. ~ The opinion of a witness is not admissible, except as indicated in the following section. Hypothetical Question “Objection, your Honor. The question is hypothetical and the witness is not being presented Indication of a hypothetical question? The question usually begins with words such as “assuming”, “if”, “isn’t it possible” or “suppose”. The question tends to mislead the witness. How to meet this objection? * “Your Honor, the witness has already been qualified as an expert. His answer to the question is therefore relevant.” = Reform this question in such a way that the hypothetical statement is referred or is related toa fact. Basis: Sections 48, 49 and 50, Rule 130, Rules of Court —Sec. 48. General rule, — The opinion of a witness is not admissible, except as indicated in the following section Sec. 49. Opinion of expert witness. - The opinion of a witness on @ matter requiring special knowledge, skill, experience or training which he is shown to possess, may be received in evidence. Sec. $0, Opinion of ordinary witnesses. — The opinion of a witness for which proper basis, is given, may be received in evidence regarding — d. The identity ofa person about whom he has adequate knowledge; © Ahandwriting with which he has sufficient familiarty; and f£. The mental sanity of a person with whom he is sufficiently acquainted. The witness may also testify on his impressions of the emotion, behavior, condition or appearance of a person. 1, the question calls for a conclusion.” lusion “Objection, Your Hor Calls for a c Argumentative “Objection, Your Honor, the question is argumentative.” When is a question argumentative? When the question only asks the witness to agree to conclusions drawn by the person asking. How to meet the objection? Reform the question in such a manner voluntarily given by the witness himself, Basis: Section 3, Rule 132, Rules of Court — Sec. 3. Rights and obligations of a witness. — A witness must answer questions, although his answers may tend to establish a claim against. Him, However, it is the right of a witness: a, To be protected from irrelevant, improper, or insulting questions, and ftom harsh or insulting demeanor; b. Not to be detained longer then the interests of justice require; ©. Not to be examined except only as to matters pertinent to the issue; d. Not fo give an answer which will tend to subject him to a penalty for an offense unless otherwise provided by law; or 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 ss must answer (o the fact of his previous final conviction for an offense,Harassing Question “Objection, Your Honor, the question is harassing the witness.” When to interpose this objection? When the question tends to badger or annoy the witness. How to respond? “Your Honor, the question does not intend to harass the witness. It merely intends to clicit the truth from the witness.” “Your Honor, the witness is being difficult.” “Your Honor, the witness is purposely misleading the court.” Basis: Section 3, Rule 132, Rules of Court — Sec. 3. Rights and obligations of a witness. ~ A witness must answer questions, although his answers may tend to establish a claim against him. However, it is the right of a witness: a, To be protected from irrelevant, improper, or insulting questions, and from harsh or insulting demeanor; b. Not to be detained longer then the interests of justice require; Not to be examined except only as to matters pertinent fo the issue; Not to give an answer which will tend to subject him to a penalty for an offense unless otherwise provided by law; or 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 witness must answer to the fact of his previous final conviction for an offense. ©, a Embarrassing Question “Objection, Your Honor. The question tends to embarrass or degrade the charaeter of the witness.” When should you object on this ground? When the answer to the question will degrade, dishonor, discredit or humiliate the witness. How to respond to this objection? “Your Honor, the answer goes to the very fact in issue.” “The answer refers to a fact from which the fact in issue can biBasis: Section 3, Rule 132, Rules of Court ~ Sec. 3. Rights and obligations of a witness. ~ A witness must answer questions, although his answers may tend to establish a claim against him. However, it {s the right of a witness: a. To be protected fiom irrelevant, improper, or insulting questions, and from harsh or insulting demeanor; b. Not to be detained longer then the interests of justice require; ©. Not to be examined except only as to matters pertinent to the issue; d. Not to give an answer which will tend to subject him to a penalty for an offense unless otherwise provided by law; or ec. 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. Repetitive “Your Honor, the question is repetitive.” “Your Honor, the question has already been asked and answered already.” When does this objection apply? ‘The question has already been previously asked. When an answer has already been previously given ‘When the witness has already previously stated that he does not know or he does not remember the matter asked. How do you respond to this objection? Basis: “J am merely refieshing the memory of the witness, your Honor since the next questions are connected with previous statements which the witness made.” “Lam only clarifying matters, your Honor”; OR “The question is rendered for the purpose of impeachment.” — to lay the foundation for impeachment, Section 3, Rule 132, Rules of Court ~ Sec. 3. Rights and obligations of a witness, ~ A witness must answer,questions, although his answers may tend to establish a claim against him. However, it is the right of a witness:a. To be protected from irrelevant, improper, or insulting questions, and from harsh or insulting demeanor, b. Not to be detained longer then the interests of justice require; c. —_ Not fo be examined except only as to matters pertinent to the issue; ad. Nof to give an answer which will tend to subject him to a penalty for an offense unless otherwise provided by law; or e. 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. Best Evidence Rule “Objection, Your Honor. The evidence presented is the not the best evidence to prove the contents of the writing.” original of “Objection, Your Honor. The evidence presented is not th the document.” What is an original? "The original form of the document The duplicate or multiplicate form * Repeated entries How to meet the objection? "Point out that the original has been lost, destroyed or cannot be produced in court. = You must further prove (a) the execution and existence of the original; (b) the loss / destruction / non-production of the original in court; and (c) that the unavailability of the original is not due to bad faith on the part of the one offering the evidence. Basis: Section 3, Rule 130, Rules of Court ~ Section 3. Original document must be produced; exceptions. — When the subject of quiry is the contents of a document, no evidence shall be admissible other than the original document itself, except in the following cases: a. when the original has been lost or destroyed, or cannot be produced in court, without bad faith on the part of the offeror; b. when the original is in the custody or under the control of the party against whom the evidence is offered, and the laiter fails to produce it after reasonable notice; © when the original consists of numerous accounts or other documents which cannot be examined in court without great loss of time and the fact sought to be established from them is only the general result of the whole; and