By: Atty. Eduardo T.
Reyes, III
(Prepared for Law 3-A,
University of San Agustin Law School,
SY
2016-2017)
ACTIVITY
NO. 1
EVIDENCE
OBJECTING
TO QUESTIONS PROPOUNDED ON A WITNESS
In
this activity, the student attorney must pore over the fictional transcripts of
examination of witnesses and interpose the proper objections by filling-out the
blanks. As discussed during the lecture, as a litigation attorney, he/ she
should always be on his/ her toes in objecting to questions that seek to
elicit, wittingly or unwittingly, inadmissible testimony like a seasoned
musician who has always an ear for a wrong chord or note. The vagaries of
witness examination calls for instinctive gut feel, - or snap judgment call- as
there is only a split second window from the time the objectionable question is
propounded and the witness’s answer. Beyond that window, the objection is
deemed waived under the Rules.
I.
In a deal involving sale of a tract of land:
X x x
1.1.
Q- Mr. witness, you mentioned earlier that
the sale involving that piece of land known as Lot 1455 was entered into
verbally with no written document, can you tell the court what terms and
conditions were agreed upon involving such sale?
Objections:__________________
II.
In a rape case, the victim is being
cross-examined:
Xxx
2.1.
Q- Madame witness, you narrated during the
direct examination that you were sexually assaulted by the accused in a dark
portion of the subdivision, is that correct?
A- Yes sir.
2.2.
Q- From the time he parked his vehicle at
that dark portion, you said it took only less than a minute until he
successfully raped you, why, so quick madame witness, what kind of panties were
you wearing at that time?
A- Red, sir.
Objections: ________________
III.
In a murder case:
Xxx
3.1.
Q- Mr. witness, you claimed that you saw the
accused shoot the victim on that fateful night of 14 February 2016 at 10PM,
correct?
A- Yes, sir.
3.2.
Q- Is it not correct that at 10PM that
portion of the road is not well lighted?
A- Yes sir it
was dark but there were lights from some houses not too far away.
3.3.
Q- So you are telling the court that despite
the fact that it was pitch dark you were still able to see the accused?
A- Yes, sir.
3.4.
Q- By the way, what kind of gun did the
accused use in shooting the victim?
A- I don’t know sir
but it was short.
3.5.
Q- Mr. witness, you are lying right?
A- No sir I don’t
lie.
3.6.
Q- Is it not a fact that you work as a male
prostitute at night?
A- Yes sir but only
once a week.
Objections: __________
IV.
In a homicide
case, the accused interposes alibi as defense. He is being examined by his
counsel. You are the private prosecutor.
Xxx
4.1.
Q- Mr. witness, where were you last 16
February 2016 at about 9PM?
A- I was working as
assistant to the carpenters of Mr. Lee.
4.2.
Q- How long have you been working for this
Mr. Lee?
A- Only that night
sir.
4.3.
Q- It was already 9 o’ clock in the evening
so meaning to say you were working overtime?
A- Yes, sir.
4.4.
Q- Why were you working overtime?
A- Because Mr. Lee
wanted the renovation of his house finished that night.
4.5.
Q- Do you know the victim in this case?
A- I just
heard about him from friends.
4.6.
Q- When did you come to know that the victim
was killed on this night of 16 February 2016?
A- I heard about it
from the news on radio.
4.7.
Q- What was your reaction if any when you
learned that he was killed?
A- Nothing I just
thought it was another death caused by too much drinking alcohol in public.
Until I heard that I was the suspect so I panicked.
4.8.
Q-
When you learned that you were the suspect in his killing, how did you
react?
A- I panicked sir so
I boarded a jeepney and went to my grandparent’s farm in Negros Oriental.
4.9.
Q-What then did you do after that?
A- I stayed there
until the day when policemen came and arrested me they said I had a warrant for
my arrest.
4.10. Q- And
when the police arrested you there, did you tell them that you had nothing to
do with the killing of the victim?
A- I did not sir. I
just remained silent because you advised me sir to stay quiet when I called you
on the phone.
4.11. Q- Do you
recall that during the preliminary investigation in this case, you executed a
counter-affidavit dated 07 April 2016 before Prosecutor Versace?
A- Yes sir.
4.12.
Q- I am showing to you this
counter-affidavit, and here it is clear that when the prosecutor asked you what
did you do after you were arrested, you protested to the police officers that
you were innocent?
A- Because that was
what you told me to say in my counter-affidavit sir.
4.13.
Q- Mr. witness, did I not tell you that you
should not divulge to the court anything which I advised you because that is
part of lawyer-client privilege communication?
A-
I am sorry, I forgot that sir.
Objections:
_______________
V.
In a case where the Mr. X claims that the
decedent owed him some Php50,000,000.00, Mr. X was testifying in the estate
settlement of Y, thus:
Xxx
5.1.
Q- Mr. X, can you tell the court what kind of
transaction was it where the decedent obtained that loan from you?
Objections:
_________
VI.
In a case where Mrs. Sharapova, a Filipina
married to an Armenian National was testifying in support of their defense that
the free patent issued to them by the Philippine Government was regularly
issued after they purchased the land from the heirs of Mr. Ibuna (the tax declarants),
the counsel for the plaintiffs was conducting cross-examination in this wise:
Xxx
6.1.
Q- Madame Sharapova, is it not that you
married Mr. Sharapova in 1990?
A- December 24, 1990
sir.
6.2.
Q- That prior to your marriage with him, you
were not employed and had no means of income?
A- Yes, sir.
6.3.
Q- In fact, you came from a very poor family
correct?
A- Yes, sir.
6.4.
Q-Such that when you married Mr. Sharapova,
it was he who brought money to your marriage right?
A- Yes sir.
6.5.
Q- And that the money which was used to buy
the land all came from the money of Mr. Sharapova and not your money?
A-
It was already our money sir after we got
married. All his money became mine too.
Objections:
_______________
VII.
In a murder case, the barangay chairman is
testifying that he was the one who fished out from the well of the compound of
the accused the bonnet, the bloodied shirt and cap which the accused allegedly
wore in committing the crime. Thus:
Xxx
7.1.
Q- Mr. Barangay chairman, how did you know
that these items namely the bonnet, the bloodied shirt and cap were there in
the well of the accused’s house?
A- The accused’s wife
told me sir when I went to their house after the incident.
7.2.
Q- How did you ask the accused’s wife about
it?
A-
I compelled her to disclose her knowledge or
else I will arrest her myself and she admitted that her husband, the accused
whispered to her that he killed someone and hid his clothes, cap and bonnet in
their well.
Objections:
_________________
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