RULE 132 PRESENTATION OF EVIDENCE DEFINITIONS/REQUISITES/EXCEPTIONS Flashcards
- Use immunity
Prohibits use of the witness’ compelled testimony and its fruits in any manner in connection with the criminal prosecution of the witness
Where the statute grants only use immunity, merely testifying and/or producing evidence does not render the witness immune from prosecution despite his invocation of the right against self-incrimination
Transactional immunity
Grants immunity to the witness from prosecution for an offense to which his compelled testimony related
When leading questions allowed
a. On cross
b. On preliminary matters
c. Difficulty in getting direct and intelligible answers
d. Unwilling or hostile witness
e. Adverse party or an officer, director or a corporation or partnership which is an adverse party
A misleading question, though not objected to, will not be evidence of the fact assumed by the improper question.
One who voluntarily offers a witness’ testimony is bound by such (i.e. cannot impeach or contradict), except:
i. Hostile witness
ii. Adverse party or rep. of adverse party
iii. Not voluntarily offered but required by law (e.g., subscribing witnesses to a will)
Impeaching witness of adverse party
a. Contradictory evidence from testimony in same case
b. Evidence of prior inconsistent statement
c. Evidence of bad character/general reputation for truth, honesty, integrity
d. Evidence of bias, interest, prejudice or incompetence
Impeaching own witness
GENERAL RULE
AND
EXCEPTION
General Rule: Party not allowed to impeach own witness
Exceptions:
a. Unwilling or adverse witness so declared by the court
b. Witness who is also an adverse party
c. Witnesses required by law (e.g., subscribing witnesses to a will)
May be impeached in all respects as if called by other party, EXCEPT by evidence of bad moral character
When a witness who is partly cross-examined dies, his direct examination cannot be expunged
Requisites of revival of present memory
a. Memorandum has been written by him or under his direction; and
b. Written by him:
i. When the fact occurred or immediately thereafter; or
ii. At any other time when the fact was fresh in his memory and he knew that the same was correctly recorded
. Requisites of Revival of Past Recollection
a. Witness retains no recollection of the particular facts;
b. But he his able to swear that the record or writing correctly stated the transaction when made
Additional modes of authenticating a private writing
a. Doctrine of self-authentication
Where the facts in the writing could only have been known by the writer
b. Rule of authentication by the adverse party
Where reply of the adverse party refers to and affirms the sending and his receipt of the letter in question, a copy of which the proponent is offering as evidence
Authentication not required:
a. Ancient document
i. More than 30 years old
ii. Contains no alterations or circumstances of suspicion
iii. Produced from a custody in which it would naturally be found if genuine
b. Public document or record
c. Notarial document acknowledged, proved or certified
d. Authenticity and due execution has been expressly or impliedly admitted (e.g., actionable documents, failure to deny under oath)
Computer printouts are inadmissible unless properly authenticated by a witness attesting that they came from the computer system or that the data stored in the system were not and could not have been tampered with before the same were printed out.
Handwriting: evidence of genuineness
a. Witness actually saw person writing the instrument
b. Familiar with handwriting and witness can give opinion
c. Comparison of questioned handwriting and admitted genuine specimens
d. Expert evidence
OFFER AND OBJECTION
GENERAL RULE
AND
EXCEPTION
- The court shall consider no evidence which has not been formally offered.
The purpose for which the evidence is offered must be specified.
Exception: If there was repeated reference thereto in the course of the trial by adverse party’s counsel and of the court, indicating that the documents were part of the prosecution’s evidence.
Two requisites must concur (People vs. Napta)
a. The document must have been duly identified by testimony duly recorded.
b. The document must have been incorporated to the records of the case.
2. A party who has introduced evidence is not entitled as matter of right to withdraw it in finding that it does not answer his purpose; BUT he may withdraw an offer of an exhibit any time before the court has passed on its admissibility.
3. Evidence offered is presumed to be admissible or competent until the contrary has been established.
Thus, the opposing party must OBJECT to its introduction.
- When is a motion to strike out answer proper?
A. When the witness answered the question before the counsel has a chance to object
b. Where a question which is not objectionable may be followed by an objectionable unresponsive answer
c. Where a witness has volunteered statements in such a way that the party has not been able to object thereto
d. Where a witness testifies without a question being addressed to him
e. Where a witness testifies beyond the ruling of the court prescribing the limits within which he may answer
f. When a witness dies or becomes incapacitated to testify and the other party has not been given the opportunity to cross-examine the witness.
There must be an objection first before a motion to strike. If the party slept on his right to object, he cannot later on avail a motion to strike to exclude the evidence.
- When is a motion to strike out improper?
a. A party cannot insist that competent and relevant evidence be stricken out for reasons going to his weight, sufficiency or credibility
b. One cannot move to strike it out because it proves unfavorable to him
If court improperly excludes an otherwise admissible evidence, remedy is to tender the excluded evidence, also known as offer of proof:
A. Documentary – by attaching the document or making it part of the record
B. Testimonial – by stating the personal circumstances of witness and the substance of proposed testimony
