G. Presentation of Evidence (Rule 132)

C. Presentation of Evidence (Rule 132)

• Examination of Witnesses – Sections 1-18
• Child Witness Rule – A.M. No. 00-4-07-SC, secs. 4, 6, 8, 20 and 28
• Authentication and Proof; Public and Private Documents – Sections 19-33
• Apostille – Section 24
• Offer and Objection; Tender of Excluded Evidence – Sections 34-40

> RULE 132 PRESENTATION OF EVIDENCE A. EXAMINATION OF WITNESSES Section 1. Examination to be done in open court. – The examination of witnesses presented in a trial or hearing shall be done in open court, and under oath or affirmation. Unless the witness is incapacitated to speak, or the question calls for a different mode of answer, the answers of the witness shall be given orally. (1) Section 2. Proceedings to be recorded. – The entire proceedings of a trial or hearing, including the questions propounded to a witness and his or her answers thereto, and the statements made by the judge or any of the parties, counsel, or witnesses with reference to the case, shall be recorded by means of shorthand or stenotype or by other means of recording found suitable by the court. A transcript of the record of the proceedings made by the official stenographer, stenotypist or recorder and certified as correct by him or her, shall be deemed prima facie a correct statement of such proceedings. (2a) Section 3. Rights and obligations of a witness. – A witness must answer questions, although his or her answer may tend to establish a claim against him or her. However, it is the right of a witness: (1) To be protected from irrelevant, improper, or insulting questions, and from harsh or insulting demeanor; (2) Not to be detained longer than the interests of justice require; (3) Not to be examined except only as to matters pertinent to the issue; (4) Not to give an answer which will tend to subject him or her to a penalty for an offense unless otherwise provided by law; or (5) Not to give an answer which will tend to degrade his or her reputation, unless it be to the very fact at issue or to a fact from which the fact in issue would be presumed. But a witness must answer to the fact of his or her previous final conviction for an offense. (3a) Section 4. Order in the examination of an individual witness. – The order in which an 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. (4) Section 5. Direct examination. – Direct examination is the examination-in-chief of a witness by the party presenting him or her on the facts relevant to the issue. (5a) Section 6. Cross-examination; its purpose and extent. – Upon the termination of the direct examination, the witness may be cross-examined by the adverse party on any relevant matter, with sufficient fullness and freedom to test his or her accuracy and truthfulness and freedom from interest or bias, or the reverse, and to elicit all important facts bearing upon the issue. (6a) Section 7. Re-direct examination; its purpose and extent. – After the cross-examination of the witness has been concluded, he or she may be re-examined by the party calling him or her to explain or supplement his or her answers given during the cross-examination. On re-direct examination, questions on matters not dealt with during the cross-examination may be allowed by the court in its discretion. (7a) Section 8. Re-cross[-]examination. – Upon the conclusion of the re-direct examination, the adverse party may re-cross-examine the witness on matters stated in his or her re-direct examination, and also on such other matters as may be allowed by the court in its discretion. (8a) Section 9. Recalling witness. – After the examination of a witness by both sides has been concluded, the witness cannot be recalled without leave of the court. The court will grant or withhold leave in its discretion, as the interests of justice may require. (9) Section 10. Leading and misleading questions. – A question which suggests to the witness the answer which the examining party desires is a leading question. It is not allowed, except:

(a) On cross-examination; (b) On preliminary matters; (c) When there is difficulty in getting direct and intelligible answers from a witness who is ignorant, a child of tender years, is of feeble mind, or a deaf-mute; (d) Of an unwilling or hostile witness; or (e) Of a witness who is an adverse party or an officer, director, or managing agent of a public or private corporation[,] or of a partnership or association which is an adverse party. A misleading question is one which assumes as true a fact not yet testified to by the witness, or contrary to that which he or she has previously stated. It is not allowed. (10a) Section 11. Impeachment of adverse party’s witness. – A witness may be impeached by the party against whom he or she was called, by contradictory evidence, by evidence that his or her general reputation for truth, honesty, or integrity is bad, or by evidence that he or she has made at other times statements inconsistent with his or her present testimony, but not by evidence of particular wrongful acts, except that it may be shown by the examination of the witness, or record of the judgment, that he or she has been convicted of an offense. (11a) Section 12. Impeachment by evidence of conviction of crime. – For the purpose of impeaching a witness, evidence that he or she has been convicted by final judgment of a crime shall be admitted if (a) the crime was punishable by a penalty in excess of one [(1)] year; or (b) the crime involved moral turpitude, regardless of the penalty. However, evidence of a conviction is not admissible if the conviction has been the subject of an amnesty or annulment of the conviction. (n) Section 13. Party may not impeach his or her own witness. – Except with respect to witnesses referred to in paragraphs (d) and (e) of Section 10 of this Rule, the party presenting the witness is not allowed to impeach his or her credibility. A witness may be considered as unwilling or hostile only if so declared by the court upon adequate showing of his or her adverse interest, unjustified reluctance to testify, or his or her having misled the party into calling him or her to the witness stand. The unwilling or hostile witness so declared, or the witness who is an adverse party, may be impeached by the party presenting him or her in all respects as if he or she had been called by the adverse party, except by evidence of his or her bad character. He or she may also be impeached and cross-examined by the adverse party, but such cross-examination must only be on the subject matter of his or her examination-in-chief. (12a) Section 14. How witness impeached by evidence of inconsistent statements. – Before a witness can be impeached by evidence that he or she has made at other times statements inconsistent with his or her present testimony, the statements must be related to him or her, with the circumstances of the times and places and the persons present, and he or she must be asked whether he or she made such statements, and if so, allowed to explain them. If the statements be in writing[,] they must be shown to the witness before any question is put to him or her concerning them. (13a) Section 15. Exclusion and separation of witnesses. – The court, motu proprio or upon motion, shall order witnesses excluded so that they cannot hear the testimony of other witnesses. This rule does not authorize exclusion of (a) a party who is a natural person, (b) a duly designated representative of a juridical entity which is a party to the case, (c) a person whose presence is essential to the presentation of the party’s cause, or (d) 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. (15a) Section 16. When witness may refer to memorandum. – A witness may be allowed to refresh his or her memory respecting a fact by anything written or recorded by himself or herself, or under his or her direction[,] at the time when the fact occurred, or immediately thereafter, or at any other time when the fact was fresh in his or her memory and he or she knew that the same was correctly written or recorded; but in such case[,] the writing or record must be produced and may be inspected by the adverse party, who may, if he or she chooses, cross-examine the witness upon it and may read it in evidence. A witness may also testify from such a writing or record, though he or she retains no recollection of the particular facts, if he or she is able to swear that the writing or record correctly stated the transaction when made; but such evidence must be received with caution. (16a) Section 17. When part of transaction, writing or record given in evidence, the remainder admissible. – When part of an act, declaration, conversation, writing or record is given in evidence by one party, the whole of the same subject may be inquired into by the other, and when a detached act, declaration, conversation, writing or record is given in evidence, any other act, declaration, conversation, writing or record necessary to its understanding may also be given in evidence. (17) Section 18. Right to inspect writing shown to witness. – Whenever a writing is shown to a witness, it may be inspected by the adverse party. (18)

N. Trial (Rule 30)

> RULE 30 TRIAL Section 1. Schedule of trial. – The parties shall strictly observe the scheduled hearings as agreed upon and set forth in the pre-trial order. (a) The schedule of the trial dates, for both plaintiff and defendant, shall be continuous and within the following periods:

i. The initial presentation of plaintiff’s evidence shall be set not later than thirty (30) calendar days after the termination of the pre-trial conference. Plaintiff shall be allowed to present its evidence within a period of three (3) months or ninety (90) calendar days which shall include the date of the judicial dispute resolution, if necessary; ii. The initial presentation of defendant’s evidence shall be set not later than thirty (30) calendar days after the court’s ruling on plaintiff’s formal offer of evidence. The defendant shall be allowed to present its evidence within a period of three (3) months or ninety (90) calendar days; iii. The period for the presentation of evidence on the third (fourth, etc.)-party claim, counterclaim or cross-claim shall be determined by the court, the total of which shall in no case exceed ninety (90) calendar days; and iv. If deemed necessary, the court shall set the presentation of the parties’ respective rebuttal evidence, which shall be completed within a period of thirty (30) calendar days. (b) The trial dates may be shortened depending on the number of witnesses to be presented, provided that the presentation of evidence of all parties shall be terminated within a period of ten (10) months or three hundred (300) calendar days. If there are no third (fourth, etc.)-party claim, counterclaim or cross-claim, the presentation of evidence shall be terminated within a period of six (6) months or one hundred eighty (180) calendar days. (c) The court shall decide and serve copies of its decision to the parties within a period not exceeding ninety (90) calendar days from the submission of the case for resolution, with or without memoranda. (n) Section 2. Adjournments and postponements. – A court may adjourn a trial from day to day, and to any stated time, as the expeditious and convenient transaction of business may require, but shall have no power to adjourn a trial for a longer period than one [(1)] month for each adjournment, nor more than three [(3)] months in all, except when authorized in writing by the Court Administrator, Supreme Court. The party who caused the postponement is warned that the presentation of its evidence must still be terminated on the remaining dates previously agreed upon. (2a) Section 3. Requisites of motion to postpone trial for illness of party or counsel. – A motion to postpone a trial on the ground of illness of a party or counsel may be granted if it appears upon affidavit or sworn certification that the presence of such party or counsel at the trial is indispensable and that the character of his or her illness is such as to render his or her non-attendance excusable. (4a) Section 4. Hearing days and calendar call. – Trial shall be held from Monday to Thursday, and courts shall call the cases at exactly 8:30 a.m. and 2:00 p.m., pursuant to Administrative Circular No. 3-99. Hearing on motions shall be held on Fridays, pursuant to Section 8, Rule 15.

All courts shall ensure the posting of their court calendars outside their courtrooms at least one (1) day before the scheduled hearings, pursuant to OCA Circular No. 250-2015. (n) Section 5. Order of trial. – Subject to the provisions of [S]ection 2 of Rule 31, and unless the court for special reasons otherwise directs, the trial shall be limited to the issues stated in the pre-trial order and shall proceed as follows:

(a) The plaintiff shall adduce evidence in support of his or her complaint; (b) The defendant shall then adduce evidence in support of his or her defense, counterclaim, cross-claim and third-party complaint; (c) The third-party defendant, if any, shall adduce evidence of his or her defense, counterclaim, cross-claim and fourth-party complaint; (d) The fourth-party, and so forth, if any, shall adduce evidence of the material facts pleaded by them; (e) The parties against whom any counterclaim or cross-claim has been pleaded, shall adduce evidence in support of their defense, in the order to be prescribed by the court; (f) The parties may then respectively adduce rebutting evidence only, unless the court, for good reasons and in the furtherance of justice, permits them to adduce evidence upon their original case; and (g) Upon admission of the evidence, the case shall be deemed submitted for decision, unless the court directs the parties to argue or to submit their respective memoranda or any further pleadings. If several defendants or third-party defendants, and so forth, having separate defenses appear by different counsel, the court shall determine the relative order of presentation of their evidence. (5a)

Section 6. Oral offer of exhibits. – The offer of evidence, the comment or objection thereto, and the court ruling shall be made orally in accordance with Sections 34 to 40 of Rule 132. (n) Section 7. Agreed statement of facts. – The parties to any action may agree, in writing, upon the facts involved in the litigation, and submit the case for judgment on the facts agreed upon, without the introduction of evidence. If the parties agree only on some of the facts in issue, the trial shall be held as to the disputed facts in such order as the court shall prescribe. (6)

Section 8. Suspension of actions. – The suspension of actions shall be governed by the provisions of the Civil Code and other laws. (8a) Section 9. Judge to receive evidence; delegation to clerk of court. – The judge of the court where the case is pending shall personally receive the evidence to be adduced by the parties. However, in default or ex parte hearings, and in any case where the parties agree in writing, the court may delegate the reception of evidence to its clerk of court who is a member of the bar. The clerk of court shall have no power to rule on objections to any question or to the admission of exhibits, which objections shall be resolved by the court upon submission of his or her report and the transcripts within ten (10) calendar days from termination of the hearing. (9a)

VII. EVIDENCE (A.M. No. 19-08-15-SC)

A. Key Concepts

B. Kinds

C. Presentation of Evidence (Rule 132)

D. Judicial Affidavit Rule (A.M. No. 12-8-8-SC)

E. Rules on Electronic Evidence (A.M. No. 01-7-01-SC)

F. Rules on the Use of Body-Worn Camera in the Execution of Warrants (A.M. No. 21-06-08-SC)

Schedule of Trial

Section 1. Schedule of trial. — The parties shall strictly observe the scheduled hearings as agreed upon and set forth in the pre-trial order.

(a) The schedule of the trial dates, for both plaintiff and defendant, shall be continuous and within the following periods:

• The initial presentation of plaintiff’s evidence shall be set not later than thirty (30) calendar days after the termination of the pre-trial conference. Plaintiff shall be allowed to present its evidence within a period of three (3) months or ninety (90) calendar days which shall include the date of the judicial dispute resolution, if necessary;
• The initial presentation of defendant’s evidence shall be set not later than thirty (30) calendar days after the court’s ruling on plaintiff’s formal offer of evidence. The defendant shall be allowed to present its evidence within a period of three (3) months or ninety (90) calendar days;
• The period for the presentation of evidence on the third (fourth, etc.) -party claim, counterclaim or cross-claim shall be determined by the court, the total of which shall in no case exceed ninety (90) calendar days; and
• If deemed necessary, the court shall set the presentation of the parties’ respective rebuttal evidence, which shall be completed within a period of thirty (30) calendar days.

(b) The trial dates may be shortened depending on the number of witnesses to be presented, provided that the presentation of evidence of all parties shall be terminated within a period of ten (10) months or three hundred (300) calendar days. If there are no third (fourth, etc.)-party claim, counterclaim or crossclaim, the presentation of evidence shall be terminated within a period of six (6) months or one hundred eighty (180) calendar days.

(c) The court shall decide and serve copies of its decision to the parties within a period not exceeding ninety (90) calendar days from the submission of the case for resolution, with or without memoranda. (n)

The trial shall be LIMITED to the issues stated in the PRE-TRIAL ORDER and shall proceed as follows:

• Plaintiff shall adduce evidence is support of his complaint;
• Defendant shall then adduce evidence in support of his defense, counterclaim, crossclaim or third-party complaint;
• Third (3rd) party defendant shall adduce evidence in support of his defense, counterclaim, cross-claim, fourth-party complaint;
• Fourth (4th) party and so on shall adduce evidence of the material facts pleaded by him;
• The parties against whom any counterclaim or cross-claim has been pleaded, shall adduce evidence in support of their defense, in the order prescribed by the court;
• Parties may then adduce rebutting evidence only, unless the court permits them to adduce evidence upon their original case;
• Upon admission of the evidence, the case shall be deemed submitted for decision, unless the court directs the parties to argue or to submit their respective memoranda or any further pleadings.

If several defendants or third-party defendants, and so forth, having separate defenses appear by different counsel, the court shall determine the relative order of presentation of their evidence.

6. DELEGATION OF RECEPTION OF EVIDENCE

General Rule: The JUDGE of the court where the case is pending shall personally receive the evidence to be adduced by the parties.

Exception: The court may delegate the reception of evidence to its CLERK OF COURT (who is a member of the bar) in:

• Default or Ex Parte hearings;
• Any case where the parties so agree in writing.

The CLERK OF COURT has the duty to submit his report, objections, and transcripts of the proceedings within ten (10) days from the termination of hearing.

The CLERK OF COURT shall have NO power to rule on objections to any question or to the admission of exhibits. Such power shall remain with the JUDGE who shall resolve such objection within ten (10) days from the termination of hearing.

Granted Only If View Is Of Substantial Aid

As a general rule, a view or inspection should be granted only where it is reasonably certain that it will be of substantial aid to the court in reaching a correct verdict.

Any Part or All of the Deposition, So Far as Admissible under the Rules of Evidence, May be Used

• Against any party who was present or represented at the taking of the deposition; or
• Against one who had due notice of the deposition.

Due Execution May be Proven Through the Testimony of Either:

• The person who executed it;
• The person before whom its execution was acknowledged; or
• Any person who was present and saw it executed and delivered or who thereafter saw it and recognized the signatures, or
• One to whom the parties thereto had previously confessed the execution thereof (Michael v. Enriquez, G.R. No. L-10824, 1915).

Presentation of Rebuttal and Sur-rebuttal Evidence.

If the motion to present rebuttal evidence is granted, the prosecution shall immediately proceed with presentation after the accused rests his/her case, and orally rest its case in rebuttal after the presentation of the last rebuttal witness. The accused shall immediately present sur-rebuttal evidence, if any, and orally rest case in sur-rebuttal after the presentation of the last sur-rebuttal witness. Thereafter, the case will be submitted for decision.

How foreign laws are proved

A written foreign law maybe proved by:

• An official publication; or
• A copy attested by the officer having legal custody of the record, or by his deputy.

If the office in which the record is kept is in a foreign country which is a contracting party to a treaty or convention to which the Philippines is also a party, or considered a public document under such treaty or convention pursuant to paragraph (c) of Sec. 19 hereof: the certificate or its equivalent shall be in the form prescribed by such treaty or convention subject to reciprocity granted to public documents originating from the Philippines

For documents originating from a foreign country which is not a contracting party to a treaty or convention referred to in the next preceding sentence: the certificate may be made by a secretary of the embassy or legation, consulgeneral, consul, vice-consul or consular agent or by any officer in the foreign service of the Philippines stationed in the foreign country in which the record is kept, and authenticated by the seal of his or her office. (Rule 132, Sec. 24, second par.)

Note: Rule 132, Sec. 24, third par.: “A document that is accompanied by a certificate or its equivalent may be presented in evidence without further proof, the certificate or its equivalent being prima facie evidence of the due execution and genuineness of the document involved. The certificate shall not be required when a treaty or convention between a foreign country and the Philippines has abolished the requirement, or has exempted the document itself from this formality.”

NOTE: This does NOT EXCLUDE presentation of other competent evidence such as testimony of witnesses skilled in that foreign law (CIR v. Fisher, G.R. No. L-11622, 1961).

When the foreign law is part of a published treatise, periodical or pamphlet and the writer is recognized in his profession or calling as an expert in the subject, the court may take judicial notice of the treatise containing the foreign law. (See Rule 130, Sec. 48)

Doctrine of Processual Presumption– If the foreign law is not properly proved, the foreign law is presumed to be the same as the law in the Philippines (Northwest Orient Airlines v. Court of Appeals, G.R. No. 112573, 1995)

i. Adverse party’s witness<br>

• By contradictory evidence;
• By evidence that his/her general reputation for truth, honesty or integrity is bad;
• By evidence that he/she has made at other times statements inconsistent with his present testimony

But NOT by evidence of particular wrongful acts, EXCEPT that it may be shown by the examination of the witness, or the record of the judgment, that he/she has been convicted of an offense. [Sec. 11, Rule 132]

ii. By evidence of conviction of crime<br>

a. By evidence that he/she has been convicted by final judgment of a crime:

i. Punishable by a penalty in excess of one year; or

ii. Involving moral regardless of penalty

HOWEVER, evidence of conviction is not admissible if the conviction has been subject of an amnesty or annulment of the conviction. [Sec. 12, Rule 132]

Note: This is a new rule.

When witness considered unwilling or hostile

Only if so declared by the court upon adequate showing of his/her

• adverse interest
• unjustified reluctance to testify, or
• having misled the party into calling him/her to the witness stand

How impeached: The unwilling or hostile witness so declared, or the witness who is an adverse party, may be impeached by the party presenting him/her in all respects as if he/she had been called by the adverse party, except by evidence of his bad character. He/she may also be impeached and cross-examined by the adverse party, but such cross- examination must only be on the subject matter of his examination-in-chief. [Sec. 13, Rule 132]

iv. How the witness is impeached by evidence of inconsistent statements

• The statements must be related to him/her, with the circumstances of the times and places and the persons present, and
• He/she must be asked whether he/she made such statements, and if so, allowed to explain them.
• If the statements be in writing, they must be shown to the witness before any question is put to him/her concerning them [Sec. 14, Rule 132]

Referral of Witness to Memorandum

When witness may refer to memorandum

• A witness may be allowed to refresh his/her memory respecting a fact
• by anything written or recorded
• by himself/herself or under his/her direction
• at the time when the fact occurred, or immediately thereafter, or at any other time when the fact was fresh in his/her memory and
• he/she knew that the same was correctly written or recorded
• the writing or record must be produced and may be inspected by the adverse party, who may, if he/she chooses, cross-examine the witness upon it, and may read it in evidence.
• A witness may also testify from such a writing or record, though he/she retain no recollection of the particular facts, if he/she is able to swear that the writing or record correctly stated the transaction when made; but such evidence must be received with caution. [Sec. 16, Rule 132]

When part of transaction, writing or record given in evidence, the remainder admissible.

• When part of an act, declaration, conversation, writing or record is given in evidence by one party, the whole of the same subject may be inquired into by the other
• When a detached act, declaration, conversation, writing or record is given in evidence, any other act, declaration, conversation, writing or record necessary to its understanding may also be given in evidence [Sec. 17, Rule 132]

Judicial record

The record of judicial proceedings. It does not only include official entries or files or the official acts of a judicial officer, but also the judgment of the court (Riano, Evidence, 174, 2016 citing Black’s Law Dictionary, 5thEd., p. 762 & Wharton’s Criminal Evidence, 11thEd., Sec. 805).

Any judicial record may be impeached by evidence of:

• Want of jurisdiction in the court or judicial officer;
• Collusion between the parties; or
• Fraud in the party offering the record, in respect to the proceedings (Rule 132, Sec. 29).

How a party may account for such alteration

• The alteration was made by another, without his or her concurrence; or
• It was made with the consent of the parties affected by it; or
• It was otherwise properly or innocently made; or
• The alteration did not change the meaning or language of the instrument.

If he or she fails to do that, the document shall not be admissible in evidence (Rule 132, Sec. 31).

Documentary evidence in an unofficial language

Documents written in an unofficial language shall not be admitted as evidence, unless accompanied with a translation into English or Filipino. To avoid interruption of proceedings, parties or their attorneys are directed to have such translation prepared before trial (Rule 132, Sec. 33).

More than once, this Court has taken into consideration documents written in a Philippine dialect, unaccompanied by the required translation but which had been admitted in evidence without objection by the accused. In those instances, the Court merely ordered official translations to be made

It is true that Section 33, Rule 132 of the Revised Rules of Court now prohibits the admission of such document in an unofficial language but we believe that in the interest of justice, such injunction should not be taken literally here, especially since no objection thereto was interposed by appellant, aside from the fact that appellant, the concerned parties and the judicial authorities or personnel concerned appeared to be familiar with or knowledgeable of Cebuano in which the document was written. There was, therefore, no prejudice caused to appellant and no reversible error was committed by that lapse of the trial court (People v. Salison, G.R. No. 115690, 1996).

Apostille

Section 24

> Section 24. Proof of official record. – The record of public documents referred to in paragraph (a) of Section 19, when admissible for any purpose, may be evidenced by an official publication thereof or by a copy attested by the officer having the legal custody of the record, or by his or her deputy, and accompanied, if the record is not kept in the Philippines, with a certificate that such officer has the custody. If the office in which the record is kept is in a foreign country, which is a contracting party to a treaty or convention to which the Philippines is also a party, or considered a public document under such treaty or convention pursuant to paragraph (c) of Section 19 hereof, the certificate or its equivalent shall be in the form prescribed by such treaty or convention subject to reciprocity granted to public documents originating from the Philippines. For documents originating from a foreign country which is not a contracting party to a treaty or convention referred to in the next preceding sentence, the certificate may be made by a secretary of the embassy or legation, consul general, consul, vice-consul, or consular agent or by any officer in the foreign service of the Philippines stationed in the foreign country in which the record is kept, and authenticated by the seal of his [or her] office. A document that is accompanied by a certificate or its equivalent may be presented in evidence without further proof, the certificate or its equivalent being prima facie evidence of the due execution and genuineness of the document involved. The certificate shall not be required when a treaty or convention between a foreign country and the Philippines has abolished the requirement, or has exempted the document itself from this formality. (24a)

An Apostille is a certificate that authenticates the origin of a public document. It is issued by a country that is party to the Apostille Convention to be used in another country which is also a party to the Convention.

On 14 May 2019, the Philippines became a party to the Apostille Convention. Authentication is still required for all Philippine documents to be used abroad, but this time with an Apostille instead of an Authentication Certificate (“red ribbon”) as proof of authentication.

After authentication (Apostillization) by DFA-OCA, as Competent Authority, there is no more need for authentication (legalization) by the Embassies or Consulates except for non-Apostille countries and those that objected to the Philippine accession.

Offer and Objection; Tender of Excluded Evidence

Sections 34-40

> OFFER AND OBJECTION Section 34. Offer of evidence. – The court shall consider no evidence which has not been formally offered. The purpose for which the evidence is offered must be specified. (34) Section 35. When to make offer. – All evidence must be offered orally. The offer of the testimony of a witness in evidence must be made at the time the witness is called to testify. The offer of documentary and object evidence shall be made after the presentation of a party’s testimonial evidence. (35a) Section 36. Objection. – 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 a 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. The grounds for the objections must be specified. (36a) Section 37. When repetition of objection unnecessary. – 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. (37a) Section 38. Ruling. – The ruling of the court must be given immediately after the objection is made, unless the court desires to take a reasonable time to inform itself on the question presented; but 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. The reason for sustaining or overruling an objection need not be stated. However, if the objection is based on two [(2)] or more grounds, a ruling sustaining the objection on one [(1)] or some of them must specify the ground or grounds relied upon. (38) Section 39. Striking out [of] answer. – Should a witness answer the question before the adverse party had the opportunity to voice fully its objection to the same, or where a question is not objectionable, but the answer is not responsive, or where a witness testifies without a question being posed or testifies beyond limits set by the court, or when the witness does a narration instead of answering the question, and such objection is found to be meritorious, the court shall sustain the objection and order such answer, testimony or narration to be stricken off the record. On proper motion, the court may also order the striking out of answers which are incompetent, irrelevant, or otherwise improper. (39a) Section 40. Tender of excluded evidence. – If documents or things offered in evidence are excluded by the court, the offeror may have the same attached to or made part of the record. If the evidence excluded is oral, the offeror may state for the record the name and other personal circumstances of the witness and the substance of the proposed testimony. (40)