b. Objection to Evidence

WHEN MAY OBJECTIONS TO ADMISSIBILITY BE MADE

Objections may be made at the trial or hearing to receive in evidence any deposition or part thereof.

Any reason that would require the exclusion of the evidence if the witness were then present and testifying may be used as a reason for objection.

All objections made at the time of the examination to the qualifications of the officer taking the deposition, manner of taking it, to evidence presented, conduct of any party and any other objection to the proceedings shall be NOTED by the officer taking the deposition. He/she has NO authority to rule on such objections. (Riano, Civil Procedure: A Restatement for the Bar, 2nd ed. 2009)

Importance of Admissibility in relation to Offer and Objection

Any objection to the admissibility of evidence should be made at the time such evidence is offered or as soon thereafter as the objection to its admissibility becomes apparent, otherwise the objection will be considered waived and such evidence will form part of the records of the case as competent and admissible evidence. (Chua v. CA, G.R. No. 109840, 1999)

Hospital Records during discovery procedure

To allow the disclosure during discovery procedure of the hospital records would be to allow access to evidence that is inadmissible without the patient’s consent. Disclosing them would be the equivalent of compelling the physician to testify on privileged matters he gained while dealing with the patient, without the latter’s prior consent. [Chan v. Chan, G.R. No. 179786 (2013)]

Purposes of Objections:

• To keep out inadmissible evidence that would cause harm to a client’s cause. The rules of evidence are not self-operating and hence, must be invoked by way of an objection;
• To protect the record, i.e., to present the issue of inadmissibility of the offered evidence in a way that if the trial court rules erroneously, the error can be relied upon as a ground for a future appeal;
• To protect a witness from being embarrassed on the stand or from being harassed by the adverse counsel;
• To expose the adversary’s unfair tactics like his consistently asking obviously leading questions;
• To give the trial court an opportunity to correct its own errors and, at the same time, warn the court that a ruling adverse to the objector may supply a reason to invoke a higher court’s appellate jurisdiction; and
• To avoid a waiver of the inadmissibility of otherwise inadmissible evidence. (Riano, Evidence, 517-518)

Purpose: To stop an answer to a question put to a witness or to prevent the receipt of a document in evidence until the court has had opportunity to make a ruling upon its admissibility.

Rules on Objections (Rule 132, Sec. 36)

Objection to offer of evidence— must be made orally immediately after the offer is made

Objection to the testimony of a witness for lack of formal offer— must be made as soon as the witness begins to testify

Objection to a question propounded in the course of the oral examination of a witness— must be made as soon as the grounds therefor become reasonably apparent

Grounds for the objections must be specified

An objection to evidence cannot be made in advance of the offer of the evidence sought to be introduced.

The right to object is a mere privilege which the parties may waive. And if the ground for objection is known and not seasonably made, the objection is deemed waived and the court has no power, on its own motion, to disregard the evidence. (People v. Yatco, G.R. No. L-9181, 1955)

Repetition of an objection (Continuing Objection)

When it becomes reasonably apparent in the course of the examination of a witness that the questions being propounded are of the same class as those to which objection has been made, whether such objection was sustained or overruled, it shall not be necessary to repeat the objection, it being sufficient for the adverse party to record his or her continuing objection to such class of questions. (Rule 132, Sec. 37)

When Ruling of Court Must be Given

General Rule: The ruling of the court must be given immediately after the objection is made

Exception: Unless the court desires to take a reasonable time to inform itself on the question presented.

Note: The ruling shall always be made:

• During the trial; and
• At such time as will give the party against whom it is made an opportunity to meet the situation presented by the ruling. (Rule 132, Sec. 38)

When Reason For Ruling Must be Stated

GENERAL RULE: The reason for sustaining or overruling an objection need not be stated.

EXCEPTION: If the objection is based on two or more grounds, a ruling sustaining the objection on one or some of them must specify the ground or grounds relied upon. (Rule 132, Sec. 38)

Note: The rulings of the trial court on procedural questions and on admissibility of evidence during the course of a trial are interlocutory in nature and may not be the subject of separate appeals or review on certiorari. These are to be assigned as errors and reviewed in the appeal taken from the trial court on the merits of the case. (Gatdula v. People, GR No. 140688, Jan. 26, 2001)