Offer of Evidence and Trial Objections

Joe Dennis A. Tagudin

1. What is an objection?
An objection is a formal protest raised in court during a trial to disallow a
witness’s testimony or other evidence which would be in violation of the
Rules on Evidence or other procedural laws.
2. When should objections be made or raised?
Rule 132 Section 36 of the Rules on Evidence provides that “Objection to
evidence offered orally must be made immediately after the offer is made.
Objection to a question propounded in the course of oral examination of a
witness shall be made as soon as the grounds thereof shall become
reasonably apparent.
An offer of evidence in writing shall be objected to within three (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”
3. What is the purpose of objections?
A timely raised objection prevents the introduction or consideration of
inadmissible evidence to ensure fair trial. Objections enable the court to
correct defects in its findings. Objections would also be a useful aid to an
appeal from the decision of the court.
4. What are the most commonly used grounds for objection?
a) Hearsay
b) Argumentative
c) Leading
d) Misleading
e) Incompetent
f) Irrelevant
g) Best evidence rule
h) Parole evidence rule
i) Question has no basis
5. When is repetition of objection unnecessary?
Rule 132 Section 37 of the Rules on Evidence provides that repetition of
objection is 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 continuing
objection to such class of questions.”
6. What is the remedy for the offeror when the evidence he has
presented were excluded by the court?
Rule 132 Section 40 of the Rules on Evidence provides that “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.”