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Philippines: Commonly Used Objections

The document discusses rules and guidelines regarding objections to evidence in court proceedings. It states that objections to oral evidence must be made immediately, while objections to written evidence must be made within 3 days. The grounds for any objection must be clearly specified. It then lists common grounds for objections such as hearsay, leading questions, lack of foundation. Failure to object does not necessarily make incompetent evidence admissible. Objections also cannot be made prematurely before evidence is presented. Objections can be waived expressly or implied through actions like failing to object in a timely manner. Once waived, the objection cannot be raised again in that proceeding or on appeal.

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30K views

Philippines: Commonly Used Objections

The document discusses rules and guidelines regarding objections to evidence in court proceedings. It states that objections to oral evidence must be made immediately, while objections to written evidence must be made within 3 days. The grounds for any objection must be clearly specified. It then lists common grounds for objections such as hearsay, leading questions, lack of foundation. Failure to object does not necessarily make incompetent evidence admissible. Objections also cannot be made prematurely before evidence is presented. Objections can be waived expressly or implied through actions like failing to object in a timely manner. Once waived, the objection cannot be raised again in that proceeding or on appeal.

Uploaded by

famigo451
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Rule 132, Section 36.

OBJECTION Objection to evidence offered orally must be made


immediately after the offer is made.

Land Bank vs. Veronica (GR 176692, June 27, 2012)

Objection to a question propounded in the course of the oral


examination of a witness shall be made as soon as the
grounds therefore shall become reasonably apparent.

An offer of evidence in writing shall be objected to within 3


days after notice of the offer unless a different period is
allowed by the court.

In any case, the grounds for the objections must be specified.

Specific grounds of objection.

The usual grounds for objection are the following:

a. Objection to the question for being leading;


b. Objection to the question for it calls for hearsay evidence;
c. Objection to the question for lack of basis, or it assumes a fact not
established;
d. Objection to the question for it invades the field of confidential
communication;
e. Objection to the question for being vague;
f. Objection to the question for it calls for a conclusion of law;
g. Objection to the question for it calls for a conclusion of fact;
h. Objection to the question for being argumentative;
i. Objection to the question for the proper foundation has not been
laid;
j. Objection to the question for it calls for the opinion of the witness;
k. Objection to the question for being misleading;
l. Objection to the question for it has already been answered;
m. Objection to the question for the witness is incompetent;
n. Objection to the question for being inadmissible under the parol
evidence rule;
o. Objection to the question for it attempts to elicit from the witness
self-serving evidence;
p. Objection to the question for the document offered is self-serving;
q. Objection to the question for it tends to elicit evidence which is not
the best evidence;
r. Objection to the question for it calls for parol evidence of an alleged
agreement under the statutes of fraud;
s. Objection to the question for being improper in cross-examination;
t. Objection to the question for being improper in re-direct
examination; and
u. Objection to the question for being improper in re-cross
examination.

Effect of Failure to Object

The failure to object to incompetent evidence has been held not to render other
incompetent evidence admissible in corroboration thereof. Nor by having failed to
object to the admission of improper evidence at one time does a party lose or waive the
right to object to like evidence when it is offered at a later stage of the proceedings.

Premature Objection

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

Example: An objection to the testimony of a witness on the ground that he is


disqualified, before such disqualification is shown, cannot be availed of because of
subsequent proof of disqualification.

Waiver of objection to oral evidence

1. An objection may be expressly waived.


2. Implied waiver;

Examples:
a. Failure to make the objection at the proper time
b. Curing of an error of admission by the opponents subsequent use of evidence
similar to that already objected to or prior use of similar inadmissible evidence
c. Testimony stricken out during the direct examination, where on cross-
examination, counsel asked questions from the witness in connection with
answers given in the direct examination.

Effect of waiver of objection or failure to object


Failure to object evidence at time it is offered is a waiver of objections to its
admissibility. The waiver is operative, not only as to substantially the same testimony
given in other portions of the examination of the witness and subsequent proceedings
on the trial, but also as affecting the right to have questions of its admissibility reviewed
on appeal or writ of error.

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