Name: Hector R.

Lawag

Course: BS CRIM 4

 Ways of identifying witnesses

Identifying Witnesses

It is sometimes the case that persons found as apparent witnesses to an event

do not always provide accurate information about their identity. The reasons for
this deception can vary from actual involvement in the crime to fear of reprisals
from the suspect to simply not wanting to become involved with the criminal
justice system. Regardless of the reason, it is imperative for an investigator to
verify the identity of each witness. This can be best achieved by viewing a valid
photo ID or, in the absence of photo ID, by establishing the witness’ identity
through other means, such as police records, confirmation of identity, or
verification of identity by a credible third party.
When should be testimonial evidence should be offered ?
Section 10.
As regards testimonial evidence, the offer must be made before the witness
authenticates his or her written testimony. As regards documentary and object
evidence, the offer must be made after the presentation of a party’s testimonial
evidence.
 When should be objections question propounded during examinations 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.
 What is the effect if the opposing counsel fails object objectionable question ?
An attorney who fails to immediately recognize and object to inadmissible
evidence faces serious consequences: the evidence may be admitted for the
judge or jury to consider, and should the case be appealed, the appellate court
will allow it to stand as admitted. However, if you did not object to the evidence
when it was entered, then you may not be able to appeal based on that issue
because you failed to “preserve” the objection in the record, even if the evidence
should not have been allowed in.
 What should the prosecution prove in the prosecution of murder to sustain
conviction ?
Proof beyond reasonable doubt. — In a criminal case, the accused is entitled to
an acquittal, unless his guilt is shown beyond reasonable doubt. ... Moral
certainly only is required, or that degree of proof which produces conviction in an
unprejudiced mind. Most importantly, the present rules require that the
 prosecution prove beyond reasonable doubt the guilt of the accused. Evidently,
starting with the 1985 Rules, the accused may no longer be convicted for a
capital offense on the sole basis of his plea of guilty.
 Who are the indispensable witnesses in the prosecution of viol of sec 5 of RA
9165?
No. 9165 and its IRR, now only requires two witnesses to be present during the
conduct of the physical inventory and taking of photograph of the seized items,
namely: (1) an elected public official; and (2) either a representative from the
National Prosecution Service or the media.
The apprehending team having initial custody and control of the drugs shall,
immediately after seizure and confiscation, physically inventory and photograph
the same in the presence of the accused or the person/s from whom such items
were confiscated and/or seized, or his/her representative or counsel,
 What are the remedies of the available to the accused if he is convicted for direct
assault?
Direct assault, a crime against public order, may be committed in two ways: first,
by “any person or persons who, without a public uprising, shall employ force or
intimidation for the attainment of any of the purposes enumerated in defining the
crimes of rebellion and sedition;” and second, by any person or persons .
 When does the prosecution rests its case ?
Once the process of direct examination, cross examination, and redirect of all the
witnesses is complete, the prosecutor rests his case. After the prosecutor rests,
no more witnesses can be called to the stand or evidence introduced by the
government. … The defense may also waive his case