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][1], 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).