DIRECT

EXAMINATION
 RULE 132
Presentation of Evidence
A. EXAMINATION OF
WITNESSES
■ Section 4. Order in the examination of an individual witness.
— The order in which the individual witness may be examined
is as follows;

a. Direct examination by the proponent;

b. Cross-examination by the opponent;
c. Re-direct examination by the proponent;
d. Re-cross-examination by the opponent.
■ Section 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.
 PROCEDURAL REQUIREMENT
Offer of Testimony - the proponent shall state the substance of the intended
testimony of the witness (an outline of the major points) and the purpose of
said testimony ( what the proponent intends to prove by said testimony)
a). Importance of the Offer-
(i) The direct examination may be objected to by the opponent
(ii)Matters not included in the offer may not be allowed to be testified on
upon proper objection and
(iii)to shorten the proceedings as the opponent may admit or stipulate on the
matters to be testified on.

■ In cases under the Rules on Summary Procedure, the sworn statement of

the witness must have been submitted to the court before hand
B. Importance of the Direct
Examination
■ This is the only opportunity for the proponent to elicit from the
witness all the facts which are important and favorable to him.
The witness should be considered as a sponge heavy with facts.
■ By the time the direct examination is over, all favorable facts
should have been squeezed from the witness.
■ The examination must be clear, forceful, comprehensive, and
must efficiently present the facts of the case.
 EFFECTIVE DIRECT
EXAMINATION
■ Keep it simple.
■ Organize Logically.
■ Introduce the witness and develop his background
■ Use preliminary questions which are introductory,
transition or orienting questions
■ Elicit scene description
■ Elicit general flowing description.
EFFECTIVE DIRECT EXAMINATION cont.

■ Use pace in describing action.

■ Use simple language.
■ Have the witness explain.
■ Use nonleading open-ended questions
■ Use exhibits to highlight and summarize
■ Practice with the witness.
 People vs. Lee
G.R. No. 139070
May 29, 2002
ATTY. OPENA:     Now who was your companion, if any, at that time?

WITNESS   :       Me and my son, Joseph Marquez, and the wife

upstairs putting the baby to sleep.

Q      :       What were you and your son, Joseph, doing then?

A      :       Watching TV.

Q      :       Will you please tell us your position, I am referring to you
and your son in relation to the television set where you are watching
the show.

A      :       We were facing each other while watching television which is
on the left side.

Q      :       Will you please tell us where exactly was your son, Joseph,
seated   while watching television?

A      :       At the end most of the sofa.

Q      :       The sofa you are referring to is the one near the window.

A      :       Yes, sir. Dikit lang po.

Q      :       Will you give us an idea or describe to us that window which
you mentioned awhile ago?

A      :       Transparent glass.

Q      :       How high is it from the ground?

COURT:     Which one?

ATTY. OPENA:     The window glass?

WITNESS: About three feet from the ground.

ATTY. OPENA TO WITNESS:

Q : You said three feet. What do you mean by that? Is that

window elevated from the ground?

A : The same height as this court window which is about three

feet from the ground, and from one another about four by four window
[sic], three feet by the ground.

Q : Now, you demonstrated by showing a portion, you mean to

tell us that window was mounted on a concrete or hollow block?

A : Hollow block, po.

Q : How high is that hollow block that you were referring to?

COURT: She said three feet.

ATTY. OPENA TO WITNESS:

Q : Which is higher, that sofa which is posted near the window or

the hollow block?

A : Hollow block.

Q : By how many inches or feet?

A : About half a foot.

Q      :       You said the sofa was long. Will you please tell us in what
portion of your sofa your son Joseph was seated?

ATTY. VARGAS: Already answered, your Honor. She said dulo, end
of the sofa.“

COURT:  Sustained.
People vs. Guamos
G.R. No. 109662
February 21, 1995

Questioned by ATTY. GALIAS

Answered by MICHELLE DOLORICAL
Q: After you were called by Poks, what did Poks do to you?

A: He dragged me.

Q: Where were you dragged, towards what direction?

A: To the poultry house.

Q: Who is the owner of that poultry?

A: That was owned by my grandfather.

Q: When you were already dragged at the poultry house of your Lolo
Ping, what did Poks do to you?

A: He raised my skirt.

Q: And after raising your skirt, what else did Poks do to you?

A: He knelt down.

Q: After he knelt down, what else did he do?

A: He removed my underwear.
Q: And after removing your panty, what did Poks do?

A: He put out his penis.

Q: And after putting out his penis, what did he do to you?

A: He spread my legs.

Q: And after opening your vagina, what did Poks do with his penis
outside?

A: He inserted it.

xxx xxx xxx

Q: And when Poks inserted his penis to your vagina, what happened
to your vagina?

A: I felt pain.

Q: Aside from pain, was there blood that came out?

A: Yes sir.

xxx xxx xxx

Another example…
 People vs. Gatlabayan
G.R. No. 186467
July 13, 2011
Fiscal Rolando T. Majomot

Q: Now when this civilian informer pointed to that person whom you called as
alias Pungay, what did you do?

A: I was still ten (10) meters away from alias Pungay when I alighted from the
vehicle and I approached him, sir.

Q: What happened next when you approached alias Pungay?

A: When alias Pungay saw me and when he noticed that I was looking for
somebody he offered me and asked me if I want to "iskor", sir.
Q: Were there any other persons in that vicinity, Mr. witness?

A: I did not see any other person in that place, sir.

Q: When alias Pungay offered to you, what did you do?

A: I gave him the marked money, sir, and he also handed to me a small plastic
sachet containing suspected shabu and after that I wa[i]ved to my companions, sir.

Q: After waiving to your companions, what happened next, if any, Mr. witness?

A: I heard that PO1 Jiro directed alias Pungay to invert his pocket, sir, and from it
the One Hundred Peso (P100.00) bill which I used in buying shabu from him fell
on the ground and at that moment my co-police officers arrested him, sir.
Q: Who picked up the P100.00 bill (sic) fell on the ground?

A: PO1 Albarico, sir.

Q: What happened next after that?

A: We arrested him and informed him of his constitutional rights and we also
informed him of the law which he violated and I also introduced myself to him as
a policeman, sir.

Q: This person whom you arrested was only known as alias Pungay. When did the
first time you know the true name of this person?

A: After he was brought to the police station, sir, we asked him of his true name
and after that we turned over to the police investigator the evidence which we
confiscated from him, sir.
Q: What is the true name of the accused?

A: Jaime Gatlabayan y Batara, sir.

Q: After that Mr. witness, what did you do?

A: We forwarded to the PNP Crime Laboratory the evidence which we

confiscated for examination, sir.

Q: I am showing to you a letter request Mr. witness, is this the request you are
referring to?

A: Yes, sir.
Q: Who signed this request?

A: It was signed by our Deputy Chief of Police, sir.21

PO1 Jiro, III, on the other hand, has no knowledge or any participation in the
chain of custody as revealed by his testimony, viz:

Q: Now, what happened next, Mr. Witness, when you arrested the accused after
you picked up the money?

A: We informed him of his constitutional rights and thereafter, we brought him to

the police station, sir.

Q: By the way, who arrested the accused?

A: Me and PO1 Albarico, sir.

Q: Where is now the accused?

A: There sir.

(Witness pointing to a certain man inside the Courtroom who when

asked answered to the name of Jaime Gatlabayan).

Q: Do you know also or have knowledge about the one handed to Gordon from
the accused, how many sachet in that buy-bust operation?

A: As far as I know, only one (1) sachet, sir.

Q: Was it shown to you by Gordon?

A: I did not see it, sir.