REMEDIAL LAW RF-VIEW

US.JR - School or Luw

OBJECTIONS

An objection is the procedure used to oppose the introduction or improper evidence or

to oppose inappropriate behavior and procedure. To make proper objection at a proper time is
another indispensable art or skill that an effective trial lawyer should possess.

Oral evidence is objected after its express formal offer before the witness testifies
(Sec. 35. Rule 132, Rules of Court). 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 therefor shall become apparent(Sec.36, Rule 132, Rules of Court) . But read
the Judicial Affidavit Rule for some modifications.

Documentary evidence and ohiect evidence are objected when the same are
formally offered, which is after the presentation of party' s testimonial evidence. The grounds for
objection must be specified(/bid. ). Evidence not objected to is deemed admitted and becomes
··property of the case"(People v. Cruz, August 31, 1960). However, according to jurisprudence,
hearsay evidence even if not objected to the same has no probative value.

When no objection is made to the admissibility of evidence at the trial court, the appellate
court especially the SC will not entertain such objection for the first time on appeal.

Objections to evidence may be formal or substantive.

A. Formal obiections refer to the form of question.

Objection, Your Honor, 011 the ground that the question is .........

a. Leading - a question which suggests the answer to the witness. It is, however.
allowed when questions pertain only to preliminary matters, on cross-examination, o r
when the witness is a child of tender years or hostile or ignorant or feeble minded or
deaf mute(Section JO, Rule 132 of the Rules of Court) .

b. Misleading - a question which assumes a fact not testified to by the witness or

contrary to what the witness has earlier testified(/ast par., Section JO, Rule 132 of the
Rules of Court). It usually occurs during cross-examination.

c. No basis or failure to lay the basis - this is similar to a misleading question. It is

usually raised during direct-examination. It refers to a question asked on the
assumption that a certain fact upon which it is premised has already been established
in the record, although in truth such fact has not yet been testified to. For example. a
document or object is shown to a witness for identification when in fact there was no
testimony yet from the witness that such document or object exists.

d . Double or multiple questions - contain two or more questions.

e. Vague, unintelligible, kilometric - a question which cannot be understood as to

what its meaning.

f. Embarrassing or insulting (Sec.3, ruk 132, Rules of Court)

g. Repetitious or Already answered - a question that is already asked or answered .

But a cross-examiner can be allowed to ask a question which was already asked and
answered during the <liret.:t exam.
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h. Argumentative. For example. The witness, the private complainan~ herself, insists
that she could remember very well the face of the accused charged with robbery even
if she saw his face just for about 2 seconds. Still, the de fense counsel would ask her:
Is it not a fact that nobody could possibly remember the face of the robber in a span
of two seconds?

I. Calling for a narrative answer. For example. The counsel would ask - "Tell the
Court in your own words what happened?". It is not allowed as it deprives the
opposing counsel a chance to object the introduction of inadmissible testimony.

J. Failure to "lay the predicate"- before an open court testimony of a witness may be
impeached or discredited by prior inconsistent statement, either oral or written, made
by him, he must be confronted first with such prior statement with the
circwnstances under which it was made, by asking him whether he made such
statement, and by giving him a chance to explain the inconsistency.

Note: An objection can also be made as to the manner of questioning of the counsel such as:
Objection, Your Honor, the counsel is badgering or harassing the witness. May we
request the Honorable Court to admonish the counsel not to harass the witness.

B. Substantive objections are those based on the inadmissibility of the evidence offered because
the Rules of Court, Constitution, or other laws prohibit its admission.

Your Honor, we object on the ground that the ......... ... ... .

a. Question Calls for irrelevant and immaterial answer.

Irrelevant or immaterial evidence are those which have no logical connection to the
issues in the case. Questions which call for answers not alleged in the Complaint or
Information may be consi.d~red irrelevant. 0 1_1 the other hand, incompetent evidence is
one which is prohibited by the rules or law. (It is different from incompetent witness).

b. Question calls for a hearsay answer. Sec. 36, Rule 130, Rules of Court provides
that a witness can only testify to those facts which he knows of his own personal
knowledge unless it falls under the exceptions to the hearsay rule, i.e. res gestea,
dying declaration, independently relevant facts.

c. Witness is incompetent - when a question calls for an answer to which the witness
has no personal knowledge or expertise.

d. Question calls for an opinion. Sec. 48, Rule 130, Rules of Court states that
opinion of a witness is not admissible except if he is an expert and those mentioned
in Sec. 50 of same Rule.

e. Question violates the best evidence rule. Sec. 3, Rule 130, Rules of Court states that
when the subiect of the inquiry is the contents of the document, no evidence shall be
admissible other than the original of the document. Secondary evidence is admissible
only when the loss or unavailability of the original is satisfactorily explained .

f. Question violates the parol evidence rule. Sec. 9, Rule 130, Rules of Court states
that evidence(documentary or oral) is not allowed to change or vary the conte nts of
written agreement or contract between the parties.

g. Question calls for an answer um/er the privileged comm1micatio11. For example.
Communication between husband and wife ; lawyer and client; doctor and patient or
priest and penitent.

h. Question is speculative or hypothetical. - a question which assumes a certain given

fact and on such basis the witness is asked what would happen or what would result
from the existence of such facts. For example, an eyewitness to a stabbing incident is
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asked : " Suppose the victim was not brought immedi ately to the hospital. do you
think he would ha ve died?" However. if a witness has been presented as an expert. a
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hypothetical question could be asked .

1. Que.,;tion violate.\' the witnen ' right against self-i11crimi11atio11(See. 3, Rule \32
.Rules of Court). For example, an ordinary witness is being asked if he is using
dangerous drugs.

,1 . Que.,·tiun call.,· for character evidence of the accused(Sec . 51 , Rule 130. Rules of
Court).

k . Que!itiun calls for an ,111.n ver involving defective confession or admission or

violation of the so called "Miranda Doctrine".

I. Que.,·tion rnlls for an answer involving violation of res inter a/ios acta - rights of a
party cannot be prejudiced by an act, declaration or omission of another(Sec. 28.
Ruic 130, Rules of Court). Or an evidence that one did or did not do a certain thing at
one time is not admissible to prove that he did or did not do the same thing at another
time except to prove specific intent or knowledge or identity, plan, scheme. habit.
etc. (Sec. 34, Ruic 130).

Note:
Some lawyers would telegraph the answer to the witness through or by objecting to the
question and make some explanation even if he was not asked by the court to explain. Insist that
he should only state the legal ground/s for his objection.

When can you move to strike out the answer of the witness from the record?

Your Honor, we move that the answer of the witness be stricken off the record because . ..

I. The witness answers prematurely (witness immediately answers the question without
giving counsel an opportunity to object).

2 . The answer of the witness is unresponsive.

3. The answer is immaterial and irrelevant.

4 . The testimony of the witness was not completed. For example, there was no cross-
examination conducted without fault of the adverse counsel.

5. Unfulfilled condition in conditionally admitted testimony .

Common Objections to Documentary or Object Exhibits:

Your lion or, Exhibit_ is objected to 011 the ground that ........ .

a) There was no proper authentication. For example, the confiscated fireann or pack or
dangerous drug was not identified by any witness during the trial. Or failure to follow
Section 21 (I) of R.A. 9165 regarding the marking, inventory and taking of
photographs of the confiscated dangerous drugs at the place of confiscation.

b) Hearsay. For example, the affidavit was not identified by an affiant: prh·ate de~d o f
sale was not identified by the seller who executed it. Note: Public documents ar~ sdf-
authenticating.

<.:) It violates the best evidence rule(Section 3, Rule 130 of the Rules of Court). For
example, only the machine copy of a document was presented and th~ cont~nts 0f
which arc the subject of the case.
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d) It violates the parol evidence rule(Section 9, Rule 130 of t~e Rules ~f Cour~). For
example, a supposed draft of the document is offered in evidence which vanes the
terms of the finalized agreement or contract.

e) It is an illegally obtained evidence or fruit of a ··poisonous tree". For example, the

firearm recovered during the search of a house without search warrant is offered in
evidence.

f) It is irrelevant and immaterial. This is also known as "shot gun" objection. This is
used by a lawyer when he believes the object or documentary evidence is
objectionable but cannot think of any specific ground for objection.

Note :
I . You can raise your objection to the admissibility of document or object only when the
same is fom1ally offered in evidence, NOT at the time when it is marked or identified by a
witness. Formal Offer of documentary or object exhibit is only made by a party after all its
witnesses have testified.

2. You cannot object as to the purpose to which an exhibit is being offered. Thus, you
cannot say: "Your Ho11or, we /,ave 110 objectio11 to Exhibit "A" but we only object to tl,e
purpose to wl,icl, it is offered". If you think it does not serve the purpose to which it is offered,
you may object on the ground that it is irrelevant.

3. When there is an objection, the judge might just say "objection noted". Insist for a
ruling of the objection so that you can remedy the situation while the case is still at the trial court
such as by asking for reconsideration or by making an offer of proof or tender of excluded
evidence. Otherwise, the excluded evidence could not be considered on appeal.

4 . Transcript of the stenographic notes (TSN) taken of the same case need not be marked
as the court can take judicial notice of it. Example. Portion of the witness' testimony during his
direct examination which is inconsistent with his own testimony on cross-examination.

References:
I . Handbook on Trial Practice by Dean Antonio Coronel, 1990 ed.
2. Trial Practice in Phil Courts by Justice Manuel Pamaran, 2000ed.
3. Evidence by Justice Ricardo L. Pronove, Jr., updated ed.
4. Rules of Court