a. Rights and Obligations of a Witness

Exclusion and separation of witnesses<br>

The court, motu proprio or upon motion, shall order witnesses excluded so that they cannot hear the testimony of other witnesses

However, this rule does NOT AUTHORIZE exclusion of:

• a party who is a natural person;
• a duly designated representative of a juridical entity which is a party to the case;
• a person whose presence is essential to the presentation of the party’s cause; or
• a person authorized by a statute to be present.

The court may also cause witnesses to be kept separate and to be prevented from conversing with one another, directly or through intermediaries, until all shall have been examined. [Sec. 15]

Rights and Obligations of a Witness

RIGHTS<br>

• To be protected from irrelevant, improper, or insulting questions, and from harsh or insulting demeanor;
• Not to be detained longer than the interests of justice require;
• To only be examined as to matters pertinent to the issue;
• Not to give an answer which will tend to subject him/her to a penalty for an offense a. Unless: otherwise provided by law Example of this right: Sec. 8, R.A. 1379 and other immunity statutes which grant the witness immunity from criminal prosecution for offenses admitted
• Not to give an answer which will tend to degrade his/her reputation
• Exceptions:
• the answer is the very fact in issue;
• the answer is a fact from which the fact in issue would be presumed
• Exception to the exception: he/she must answer to the fact of his/her previous final conviction for an offense [Sec. 3, Rule 132]

OBLIGATION<br>

A witness must answer questions, although his/her answer may tend to establish a claim against him/her. [Sec. 3, Rule 132]