Philippines Commonly Used Objections

You might also like

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 1

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 opponent’s 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.

You might also like