OBJECTIONS

1. IRRELEVANT (Objection, Your Honor, the question is irrelevant or immaterial to the issue;
Objection, Your Honor, the question calls for an improper answer.)

 Has no logical connection to, or is remote in time and substance to the matter in issue
 One which is offered to prove a fact no longer in dispute because its existence or non-
existence has already been admitted by the other party
 Evidence must have such a relation to the fact in issue as to induce belief in its existence or
non-existence
 Does the evidence have a tendency in reason to prove the disputed fact?
 Evidence on collateral matters becomes relevant and admissible when the existence or non-
existence of a disputed fact can be clearly implied or deduced therefrom. If the inference is
drawn for being speculative, then the evidence is irrelevant.

Example:
 To prove that insanity: evidence that a person was under psychiatric care is relevant; showing
that he was hospitalized for flu is irrelevant

2. INCOMPETENCE (Objection, Your Honor, the evidence is incompetent because it is excluded by

the rules or by law.)

 Prohibited by law, rule of evidence, or jurisprudence

3. CALLS FOR AN OPINION (Objection, Your Honor, on the ground that the question calls for
the opinion of the witness.)

 Witness is not allowed to testify on facts he has not perceived or known through his senses
 Ordinary witness is not allowed to interpret the facts he has known or perceived
 He cannot find any importance or form any opinion and draw any conclusion on what he
has seen or heard
 Guesses, conjectures, or speculations are excluded
 Not allowed to interpret facts and the law
 Witness can only testify on identity, handwriting, sanity, emotion, behavior, appearance,
condition

4. EXPERT OPINION (Objection, Your Honor, the question calls for the opinion of an expert, but
the witness has not been qualified as such.)

 Facts are highly technical in nature or involves specialized knowledge

5. LEADING QUESTION (Objection, Your Honor, the question is leading.)

 A question is leading when it suggests, urges, and prompts the witness to give the answer
the examiner wants to hear.
 Questions that begin with “Did” or “Didn’t” or ending with “Didn’t he?”
 Questions that are answerable by yes or no are not automatically leading
 Prohibited during direct examination except when the question is directed to preliminary
matters (those that will bring the witness to testify at once on a fact in issue) – Example: “Did
you examine the cadaver of the deceased”, “Are your findings stated in your report?”, “Is this your
report?”
 Allowed in cross-examination, when the witness is mentally or physically incapacitated, to
examine an adverse party, hostile witness, to identify persons/things/exhibits
 Lawyers often use qualifiers such as “if anything” “if any” to get around this objection

Example
 Leading question: “The car that you saw was leave the scene of robbery blue, right?” – It should be
asked “What color was the car that you saw leaving the scene of the robbery?”
 Response: Your Honor, this question is only to establish foundational issues

6. MISLEADING QUESTION (Objection, Your Honor, the question is misleading.)

 Question is suggesting a wrong or untruthful answer

 Makes the witness give a false or inconsistent answer
 Assumes as true a fact which has not yet been testified to by the witness or is contrary to
what is previously stated
Example:
  You stated in your last testimony you saw Pedro driving the car. Why are you insisting that he was not
driving? – Misleading because the witness merely said that he saw Pedro seated on the front seat
of the vehicle

7. COMPOUND QUESTION (Objection, Your Honor, counsel is asking a compound question.)

 Questions usually connected by “and” and “or”

Example:
 Does ABC company or did ABC company produce the goods that your firm was intending to buy? –
Compound; the question calls not only for the present but also for the past production of the
company

8. GENERAL QUESTION (Objection, Your Honor, the question is too general.)

 Question which elicits very general answers such that the witness can say almost anything that
comes to mind, the introduction of irrelevant and immaterial evidence cannot be avoided

Example:
 What did you observe about the couple after they got married? – General; the answer of the witness can
span a number of years and refer to many incidents

9. QUESTION CALLS FOR NARRATION (Objection, Your Honor, the question calls for a
narration or narrative answer.)

 Question invites a continuous recitation of an incident

 Deprives the counsel to make a timely objection to the introduction of inadmissible testimony

Example:
 In your own words, please tell us what you saw or happened

10. QUESTION CALLS FOR SPECULATION (Objection, Your Honor, the question calls for
speculation.)

 Avoid asking what “might happen” or “could have happened”

Example:
 What do you think your sister was thinking when she left? – Objection, calls for speculation

11. QUESTION CALLS FOR A CONCLUSION THE WITNESS IS NOT QUALIFIED TO MAKE
(Objection, Your Honor, the question calls for conclusion the witness is not qualified to make.)

 Conclusion is a deduction drawn from a fact or series of facts

 Witnesses should testify only to facts

12. QUESTION CALLS FOR HEARSAY (Objection, Your Honor, the question calls for hearsay.)

 Hearsay is a statement, other than made by the witness, that is offered to prove the truth of the
matter asserted.
 HEARSAY (Objection, Your Honor, hearsay. The witness is quoting someone I can’t cross-
examine to ensure the accuracy.)

Response:
 Your Honor, this statement is an exception to hearsay because …

13. LACKS PERSONAL KNOWLEDGE (Objection, Your Honor, the witness lacks personal
knowledge required to answer this question properly.)

 Requires witness to guess

Response:
 Your Honor, I can follow up with some questions that confirm that the witness is not guessing or
speculating

14. VAGUE QUESTION (Objection, Your Honor, the question is vague, ambiguous, or
unintelligible.)
  Results in vague and ambiguous answers
 Cannot be specifically answered
 A question that refers to “this” or “that” might be too vague

Example:
 Can you tell the court where you went earlier? – Objection, earlier is vague; The question can be rephrased
“Can you tell the court where you went this morning right before you came to court?”

15. HYPOTHETICAL QUESTION (Objection, Your Honor, it is a hypothetical question and the
witness is not presented as an expert.)

 Starts with “if”, “suppose”, “assuming”, or “isn’t it possible”

 Only an expert is permitted to express an opinion and he may be asked hypothetical questions

16. ARGUMENTATIVE OR HARASSING QUESTION (Objection, Your Honor, the question is

argumentative; the question is harassing the witness. Counsel is arguing and not asking for
facts.)

 Questions wishes to point out or emphasize a factual inconsistency or when a lawyer engages the
witness in a discussion of the applicable law
 Asking a witness how he can reconcile two inconsistent statements
 Counsel is no longer asking questions, but trying to tell the witness how to answer or that the
witness is wrong

Example:
 How is it that you can recollect a date as long ago as that, and yet you cannot remember the day of the
week?
 You are not afraid of my client correct? – Yes I am; How can you be afraid of a guy who weighs 120 lbs
when you weigh 300 lbs – I’m afraid of him no matter his wait; Well you didn’t look very afraid to me
when you walked into court today? – Objection Your Honor, argumentative

17. EMBARRASSING QUESTION (Objection, Your Honor, the question tends to embarrass or
degrade the character of the witness.)

 A witness must answer the question even if it tends to embarrass if it refers to the very fact in
issue; but not for the purpose of merely impeaching his credibility

18. QUESTION ON ADMITTED MATTER (Objection, Your Honor, counsel is presenting evidence
on a matter that is already admitted)

 This refers to judicial admissions; proof is required only on disputed matters

19. ASKED AND ANSWERED (Objection, Your Honor, the witness has already answered the
question.)

 This refers to repeated questioning or different versions of the same answer

 May be allowed when the purpose is to clarify prior testimony

Example:
 Do you remember when I wrote you a check for 10,000? – No that never happened; You’re saying that I
didn’t write you a check for 10,000? – No you didn’t; I’m talking about last year, you remember the check I
wrote for you right? – Objection Your Honor, asked and answered

20. SELF-INCRIMINATING QUESTION (Objection, Your Honor, the question is self-

incriminating. I request that the witness be advised of his right against self-incriminating.)

 Question tends to expose a witness to a criminal charge or to any kind of punishment is self-
incriminating
 Question attempts to establish a link in the chain of evidence which may lead to conviction
 Lawyer should object and request the court to advise the witness of his right against self-
incrimination

21. UNRESPONSIVE ANSWER (Your Honor, the answer should be stricken-off the record because
it is not responsive.)

 Improper questions can be objected to. But answers that do not reply to the question cannot be
objected, hence the remedy is to strike them off the record.
 Unresponsive answers are not allowed because they are usually irrelevant.
 22. MISQUOTING THE WITNESS (Your Honor, counsel is misquoting the witness.)

Response:
 Your Honor, I am not misquoting the witness. I wasn’t quoting him verbatim. I was simply referring to
the testimony.

23. FAILURE TO MAKE CONNECTION (Your Honor, I move that the testimony or exhibit be
stricken-off the record for failure of counsel to make necessary connection.)

 What is involved here is the rule on conditional admissibility of evidence

 Counsel should move for the admission of the isolated evidence on the promise that he will later
on tie up with other facts. On that condition, the evidence may be temporarily admitted

24. INADMISSIBILE FOR A PARTICULAR PURPOSE (Objection, Your Honor, on the ground that
it is not admissible for the purpose for which it is being offered.)

 What is involved here is the rule on multiple admissibility. Since the evidence may be relevant
for two purposes, it is necessary that it satisfies the requirement s of the particular purpose.
 For example, the declaration of a deceased person may be admitted as a declaration against
interest, an admission, an entry in the course of business, a dying declaration, or as part of res
gestae.

25. OUTISDE THE SCOPE OF THE PLEADINGS (Objection, Your Honor, on the ground that it
not alleged or pleaded as an issue.)

 Only disputed matters and in issue can be proven with evidence

 Evidence that tends to prove a matter which is not raised as an issue in the pleadings is
inadmissible
 In civil cases, only those that are alleged or described in the complaint, answer, and reply, are
considered in issue.
 In criminal cases, no evidence can be adduced against an accused which does not tend to prove a
fact alleged in the information.

26. BEYOND THE SCOPE OF DIRECT EXAMINATION (Objection, Your Honor, on the ground
that it is not within the scope of the direct examination.)

 Witness may be examined only as to matters in the direct examination or anything connected
therewith
 For instance, cross-examination may cover the entire transaction and not be limited to the period
about which the witness testified. When part of an act, declaration, conversation, or writing is
given in evidence, the whole of the subject may be inquired into on cross-examination if relevant
to the issue – Amended: may cross-examine on any relevant matter
 Witness cannot be cross-examined about what another witness has said and which he has not
repeated in his testimony for that will be questioning him outside the scope of the direct
examination

27. ASSUMES FACTS NOT IN EVIDENCE (Objection, Your Honor, the question assumes facts not
yet in evidence. This question requires more foundation to be laid first.)

 A question that assumes a fact not yet established by any evidence is objectionable because it
brings before the court something that has not been proven

Example:
 Did you know that the accused was beating his wife nightly? – when there is no prior evidence that they
were living together
 When did you stop beating for your wife – when there is no prior evidence that he has beaten his wife

28. LACKS BASIS OR FOUNDATION (Objection, Your Honor, no basis. It has not been show
that... ; Objection, Your Honor, because a sufficient foundation has not been laid establishing or
showing that …)

 The foundation is sometimes called preliminary fact

 Before questions about the contents of a private document can be asked, it must first be shown
that the writing is authentic and genuine
 When a witness is going to describe an incident, it must first be shown as a preliminary fact that
he has personal knowledge of the incident because he was there or saw it

Example:
  A person can’t testify that it was a certain person’s voice on the phone without first explaining
that he had spoken with the person many times

Response:
 Your Honor, I can follow up with questions that confirm that the witness has personal knowledge

29. PHOTOGRAPHS, X-RAYS, VIDEO TAPES, SKETCH (Objection, Your Honor, the photograph
has not been authenticated or on the ground that the photograph does not accurately represent
the scene that it depicts …)

 It must first be authenticated by showing that they accurately portray at a particular time the
scenes or events that are shown
 Must satisfy the best evidence rule- must first be authenticated by some who drew or took the
pictures or by someone who can confirm its authenticity

30. PRIVILEGED (Objection, Your Honor, these matters are privileged.)

WHEN OBJECTED DURING CROSS

LEADING YH, this question is only to establish foundational issues.

YH, this is a hostile witness.
ARGUMENTATIVE YH, the question only seeks to elicit facts.
ASKED AND YH, the witness fails to provide a clear answer.
ANSWERED
NARRATIVE YH, the question simply asks for a short response.
CALLS FOR A YH, the question only seeks to elicit facts and does not require the witness
SPECULATION to speculate.
YH, if the witness does not know the answer, he can simply testify to not
knowing the answer.
AMBIGUOUS YH, I can rephrase my question.
COMPOUND YH, I can ask the question in multiple parts.
ASSUMES FACTS NOT YH, foundation has been laid for this question.
IN EVIDENCE
IRRELEVANT YH, this question is relevant since it establishes the fact sought to be
proved that is, accused Mangaoang aired several libelous statements
against private complainant Lapeña OR the fact which has been made an
issue in the case – that such act constitutes the crime being imputed
against her.
LACKS PERSONAL YH, I can follow up with questions that confirm that witness has
KNOWLEDGE knowledge on the matter.
NO FOUNDATION YH, I can follow up with questions that confirm that witness has
knowledge on the matter.
HEARSAY YH, the question only establishes that the statement has been made, and
not about the truth thereof.
MISLEADING YH, I can ask the question again in a clearer manner.

Additional:
 Speculative. The witness cannot testify as to the state of mind of other witnesses.