Laying the Foundation or Laying the Predicate It is a preliminary requirement for the impeachment process prospers. 2 Elements: 1. The alleged statement must be related to the witness including the circumstances of the times and places and the people present. If the statements are in writing they must be shown to him; and 2. He must be asked whether he made such statements and also to explain them if he admits making those statements. How do you impeach the witness? 1. By contradictory evidence; 2. By evidence that his general reputation for truth, honesty and integrity is bad; and 3. By evidence that he has made at other times statements inconsistent with his present testimony. Note: A witness cannot be impeached by specific wrongful acts. Except: A previous final conviction. May a party impeach his own witness? GR: No. By calling a witness, the party certifies his credibility. XPN: The witness is an: 1. How the samples were collected; 2. How they were handled; 3. The possibility of contamination of the samples; 4. The procedure followed in analyzing the samples; 5. Whether the proper standards and procedure were followed in conducting the tests; and 6. The qualification of the analyst who conducted the test. What does the Parol Evidence Rule state? It states that when the terms of an agreement have been reduced to writing, it is considered as containing all the terms agreed upon and there can be, between the parties and their successors-in-interest, no evidence of such terms other than the contents of the written agreement Exceptions to the Parol Evidence Rule: 1. An intrinsic ambiguity, mistake or imperfection in the written agreement; 2. Failure of the written agreement to express the true intent of the parties thereto; 3. Validity of the written agreement; or 4. Existence of other terms agreed to by the parties or their successors in interest after the execution of the written agreement (Sec. 9, Rule 130). 1. unwilling or adverse witness so declared by the court; Note: Parol evidence may only be allowed, if any of the foregoing matters is put in issue in the pleadings. 2. adverse party; or What is authentication? 3. officer of the adverse party who is a juridical person It is proving the due execution and genuineness of the document. What is the Vallejo Doctrine? When is authentication of documents not required? Vallejo adopted the following guidelines to be used by courts in assessing the probative value of DNA evidence: 1. The writing is an ancient document (Sec. 21, Rule 132); 2. The writing is a public document or record (Sec. 19, Rule 132); 3. The writing is a notarial document acknowledged, proved or certified (Sec. 30, Rule 132); 4. The authenticity and due execution of the document has been expressly admitted or impliedly admitted by failure to deny the same under oath; 5. When such genuineness and due execution are immaterial to the issue. Oath: 4. Not to give an answer which will tend to subject him to a penalty for an offense unless otherwise provided by law (right against selfincrimination) 5. Not to give an answer, which will tend to degrade his reputation. When can evidence of good moral character of the accused be presented? The accused may prove his good moral character when pertinent to the moral trait involved in the offense charged (Sec.51 [a], Rule 130). Note: In contrast, in a criminal case, the prosecution cannot prove the bad moral character of the accused in its evidence-in-chief. It can only do so in rebuttal. Signifies the swearing to the Creator to tell the truth and nothing but the truth. Affirmation: An affirmation is a substitute for an oath and is a solemn and formal declaration that the witness will tell the truth. How is the examination of witnesses done? The examination of witnesses presented in a trial or hearing shall be done in open court and under oath or affirmation. The answers of the witness shall be given orally unless the witness is incapacitated to speak, or the question calls for a different mode of answer (Sec. 1, Rule 132). What are the rights 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; Use and Fruit Immunity Prohibits the use of the witness' compelled testimony and its fruits in any manner in connection with the criminal prosecution of the witness. It is immunity from using the testimony of the witness. Transactional Immunity Grants immunity to the witness from prosecution for an offense to which his compelled testimony relates. It is an immunity from prosecution by reason or on the basis of the testimony (Galman v. Pamaran, 138 SCRA) What is the scope of a cross-examination? 1. American rule – Cross-examination is restricted to facts and circumstances which are connected with the matters that have been stated in the direct examination of the witness. 2. English rule – Where a witness is called to testify to a particular fact, he becomes a witness for all purposes and may be fully cross-examined upon all matters material to the issue, the examination not being confined to the matters inquired about in the direct examination. Note: The English rule is observed in our jurisdiction, except with respect to crossexamination of the accused, or a hostile witness. What is admission? It is an act, declaration or omission of a party as to a relevant fact which may be given in evidence against him (Sec. 26, Rule 130). What is a confession? It is a declaration of the accused acknowledging his guilt of the offense charged or of those necessarily included therein. What is the principle of res inter alios acta alteri nocere non debet? This principle literally means “things done between strangers ought not to injure those who are not parties to it”. It has two branches: 1. The rights of a party cannot be prejudiced by an act, declaration, or omission of another (Sec. 28). 2. Evidence that one did or did not do a certain thing at one time is not admissible to prove that he did or did not do the same or similar thing at another time (Sec. 34, Rule130). What are the exceptions to the res inter alios acta rule (first branch)? 1. Admission by a co-partner or agent (Sec. 29, Rule 130); 2. Admission by a co-conspirator (Sec. 30, Rule 130); and 3. Admission by privies (Sec. 31, Rule 130). What is meant by the principle of adoptive admission? It states that a party may, by his words or conduct, voluntarily adopt or ratify another’s statement. Where it appears that a party clearly and unambiguously assented to or adopted the statements of another, evidence of those statements is admissible against him. What is the Doctrine of Incomplete Testimony? GR: When cross-examination cannot be done or completed due to causes attributable to the party who offered the witness, the incomplete testimony is rendered incompetent and should be stricken from the record. XPN: Where the prosecution witness was extensively cross-examined on the material points and thereafter failed to appear and cannot be produced despite a warrant of his arrest. What is the confessions? doctrine of interlocking It states that extrajudicial confessions independently made without collusion which are identical with each other in their essential details and corroborated by other evidence against the persons implicated, are admissible to show the probability of the latter’s actual participation in the commission of the crime. What is the theory of indivisibility (rule on completeness)? 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; Is the party who offered the testimony of a witness bound by such testimony? Yes, he is bound by the testimony. XPN: When the witness is the: 1. 2. 3. 4. adverse party; hostile witness; unwilling witness; or a witness required by law to be presented (forced witness) What is a leading question? It is one which suggests to the witness the answer which the examining party desires. It is not allowed except: 1. On cross-examination; 2. On preliminary matters; 3. When there is difficulty in getting direct and intelligible answers from a witness who is ignorant, or a child of tender years, or is of feeble mind or a deafmute; 4. To unwilling witness or hostile witness; Note: A witness may be considered as unwilling or hostile only if so declared by the court upon adequate showing of his adverse interest, unjustified reluctance to testify or his having misled the party into calling him to the witness stand. (Sec. 12, Rule 132) 5. Witness 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 (Sec. 10, Rule 132); or 6. In all stages of examination of a child if the same will further the interests of justice (Sec. 20, AM 004-07-SC).