Cases (order of presentation of evidence) Flashcards
Leonardo Fabre was adjudged guilty by the Regional Trial Court of raping his own daughter Marilou Fabre. At the trial, the prosecution presented the testimony of Marilou, that of Adela Fabre, her mother and the wife of the accused, and that of Dr. Reinerio Jalalon, the doctor who examined Marilou, along with the medico-legal certificate issued by Dr. Jalalon, the sworn statement of Adela, and the criminal complaint signed by both Marilou and Adela. The defense, during its turn in the presentation of evidence, countered with the testimony of the accused himself. On appeal, the defense argues, that the testimony of appellant should acquire added strength for the failure of the prosecution to conduct cross-examination on him and to present any rebuttal evidence.
ISSUE: Whether or not the trial court should give full weight as to the veracity of a testimony which was not subjected to cross-examination by the adverse party.
No. The cross-examination of a witness is a prerogative of the party against whom the witness is called. The purpose of cross-examination is to test the truth or accuracy of the statements of a witness made on direct examination. The party against whom the witness testifies may deem any further examination unnecessary and instead rely on any other evidence theretofore adduced or thereafter to be adduced or on what would be believed is the perception of the court thereon. Certainly, the trial court is not bound to give full weight to the testimony of a witness on direct examination merely because he is not cross-examined by the other party.
