Evidence in Action
JUSTICE RICARDO L. PRONOVE, JR.
RULE: Evidence is admitted if not objected to.
-timely objection must be made
Oral Evidence
-Ground for objection: Immaterial, irrelevant, or
incompetent
-made after the offer of testimony
-If the witness is already testifying…
-Answer is objectionable  Strike the
answer off the records
-Motion to Strike : if an objection is
sustained and inadmissible evidence was
nonetheless set forth on the record, the
counsel must make a motion to “strike” the
evidence from the record or the objection is
deemed forfeited.
Documentary Evidence
-Object when offered
-If the Court excludes the doc/things being
presented, the movant may have it attached to the
record so that its exclusion can be reviewed
properly on appeal.
Irrelevant and Immaterial Evidence
-Evidence that is offered to prove a fact no longer in
dispute
“Objection, Your Honor (YH), it is irrelevant or
immaterial to the issue.”
“Objection, YH, the question calls for an improper
answer.”
-Material evidence is always relevant.
Incompetent evidence
-Inadmissible if its presentation is forbidden by law
or rules
“Objection, YH, the evidence is incompetent
because it is excluded by the rules or by law.”
“Objection, YH, on the ground that the question
calls for the opinion of the witness” (Opinion of
Ordinary Witness)
“Objection, YH, because the question calls for the
opinion of an expert and the witness has not been
qualified as such.” (Expert Opinion)
Leading Question
-A question is leading when it suggests, urges, and
prompts the witness to give the answer, the
examiner wants to hear
-Questions that begin with “did” or “didn’t” or
ending with phrases such as “didn’t he” or
“doesn’t” are often leading.
“Objection, YH, the question is leading.”
“Objection, YH, the question is misleading.”
Compound Questions
-Contains two or more questions which are usually
connected by the conjunctions “and” and “or.”
“Objection, YH, counsel is asking a compound
question.”
General Questions
“Objection, YH, the question is too general.”
Question calling for Narration
“YH, the question calls for a narration or narrative
answer.”
Vague Questions
-Those that cannot be answered specifically
Ambiguous Questions
-Those which are capable of double meaning
Unintelligible Question
-One that cannot be understood because of the way
it is framed
-To make the question clear, preliminary statements
like repeating the previous testimony of a witness is
permissible – Laying down the predicate (R132,
Sec. 13).
Hypothetical Question
-Usually begin with words like “if,” “suppose,”
“assuming” or “isn’t it possible.”
Argumentative/Harassing Question
“Objection, YH, the question is argumentative or
harassing the witness.”
Embarrassing Question
-Exception : If it refers to the very fact in issue or to
a fact from which the fact in issue can be inferred
“Objection, YH, because the question tends to
embarrass or degrade the character of the witness.”
Question on Admitted Matter
-May be contradicted or set aside if it was made
through palpable mistake or it was never made at all
“Objection, YH, counsel is presenting evidence on a
matter that is already admitted.”
Already Answered Question
“Objection, YH, already answered.”
“YH, the witness has already answered the
question.”
Self-incriminating question
-When an incriminating question is asked, the
lawyer should object and request the court to advise
the witness of his right against self-incrimination or
the lawyer may do the advising himself with the
court’s permission.
Unresponsive Answers
-Cannot be objected to
-Stricken off the record because they are irrelevant
“YH, the answer should be stricken off the record
because it is not responsive.”
Failure to make connection
“YH, I move that the testimony or exhibit be
stricken off the record for failure of counsel to make
the necessary connection.”
Inadmissible for a particular purpose
“Objection, YH, on the ground that it is not alleged
or pleaded as an issue.”
Beyond Scope of Direct Examination
“Objection, YH, because it is not within the scope
of, was not taken up or touched upon in the direct
examination (JA).”
Assume facts not in evidence
“Objection, YH, the question assumes facts not yet
in evidence.”
-This type of question often begins with “Did you
know?” or “Do you know?”
Lack basis or Foundation
“Objection, YH, no basis. It has not been shown
that…”
-When a witness is going to describe an incident, it
must first be shown as a preliminary fact that he has
personal knowledge of the incident because he was
at the scene and saw it, if such is the case.
Photographs, X-rays, Video tape
“YH, I object to the use or introduction in evidence
of the photograph because it has not been
authenticated.”
Incompetent/Disqualified Witnesses
“Objection, YH, on the ground that the witness is
incompetent to testify.”
Impeachment of Own Witness
“YH, may I be allowed to impeach my own witness
because I or my client was misled into calling him
to the stand. If allowed, we will show that he made
prior inconsistent statement.”
“Objection, YH, on the ground that the evidence
tends to impeach opposing counsel’s witness.”
Memorandum to Aid Memory
“YH, I request that the witness be allowed to refer
to a memorandum to refresh his memory.”
“I have no objection, YH, but may I examine the
notes the witness is consulting.”
-3 requirements:
1) that the witness cannot fully/completely
remember the facts without the aid of the
memorandum due to lapse of time;
2) that the witness was the one who wrote
the memo or ordered it written at the time
the facts occurred or while they were still in
his memory;
3) that the memo correctly stated the
fact/transaction when it was made.
Right to Inspect Document
“YH, may I inspect the document just shown
to the witness.”
Exclusion and Separation of Witnesses
“YH, I move for the exclusion and/or
separation of the witnesses present in court
today.”
Purpose: to prevent them from hearing and
being influenced by the testimony being
given by the witness on the stand

Hearsay Evidence
“Objection, YH, the question calls for
hearsay evidence.”
“YH, I move that the testimony be stricken
off the record for being hearsay.”
-Hearsay evidence, which may be oral or
written, is one that tries to prove a fact the
existence of which is based not on what the
witness has seen or heard but on what
someone else, who is not in court, has said.
-When admitted:
1) Independently relevant statement;
2) To show the feelings or state of mind of
the declarant like his mental condition,
motive, fear, apprehension, good or bad
faith;
3) To establish notice, knowledge,
consciousness or awareness of some fact or
the condition of some fact.

Self-serving Evidence
“Objection, YH, the evidence is self-
serving.”
-Self-serving evidence is usually a
statement, oral or written, made out of court
at one time that is considered favorable to
the interest of the declarant.
-Not admissible primarily because of its
hearsay character