Notes on Evidence
GENERAL POINTS TO CONSIDER
 Evidence not objected to is deemed admitted and
becomes the “property of the case.” To be excluded,
timely objection to its introduction must be made
when the ground for its objection becomes known or
should have been known.
 Objection to the testimony of witness should be
made as soon as the question is asked and before the
answer is given. If the witness has begun to answer
an improper question, he should be stopped
immediately and the objection made. This is so
because testimonial evidence is considered offered
right after being given.
 If the question is proper but the answer is
objectionable, the remedy is to strike the answer off
the record. Same remedy if deprived sufficient
opportunity to object.
 Documents should be objected to at the time they
are being offered, not when they are merely being
identified by a witness or marked as exhibits by
counsel. Documents have to be identified so that
their authenticity can be established.
 The offer of documentary evidence is made after the
witnesses have testified and just before a party rests
his case. And the offer is made by disclosing the
purpose for which a document is being presented.
 The ground for objection, whether for testimonial or
documentary evidence, must always be specified.
Once stated, the objection is good and effective only
for that ground.
 To the same class of evidence already objected to,
repetition of the same objection is not necesssary.
OBJECTIONS
1. irrelevant and immaterial to the issue
2. question calls for the opinion or conclusion of the
witness
3. question calls for an opinion or conclusion of the
witness who has not been qualified to testify as an
expert
4. inadmissible for the purpose for which it is being
offered (multiple admissibility)
5. not alleged or pleaded
6. question (in cross examination) not within the scope
of direct examination or directly connected
therewith
7. the question is leading
8. the question is misleading
9. compound question
10. question is too general
11. question calls for a narrative answer
12. question is vague, ambiguous, unintelligible
13. hypothetical question and the witness is not
presented as an expert
14. question is argumentative/ harassing the witness
15. question tends to embarrass or degrade the character
of the witness
16. witness has already answered the question
17. question assumes facts not in evidence
18. no basis. it has not been shown that—
19. evidence was illegally obtained through an
unreasonable search and seizure
20. admission or confession was not voluntary/ the
accused was not properly advised of his rights
21. photograph/ x-ray/ video tape/ motion picture has
not been authenticated or because it does not
accurately represent the scene that it depicts
22. sketch/ chart/ diagram/ map does not accurately
represent the scene it purports to depict
23. witness is incompetent to testify
24. question calls for a communication, or involves a
transaction, with a dead or insane person
(survivorship disqualification rule)
25. person is privileged not to be a witness for being the
spouse of the accused or of a party in this case
26. witness may not be compelled to testify against his
parents or ascendants
27. privileged communication between husband and
wife
28. privileged communication between attorney and
client
29. privileged communication between priest and
penitent
30. evidence tends to impeach opposing counsel’s own
witness
31. correct predicate or foundation has not been laid to
show prior inconsistent statement
32. this is an attempt to introduce character evidence
that is inadmissible because…
33. violates the best evidence rule
34. violates the parole evidence rule
35. the question calls for hearsay evidence (see
exceptions to hearsay rule)
36. evidence is self-serving
37. not admissible as evidence of similar act
MOTIONS AND REQUESTS
1. motion to strike off from the record for failure of
counsel to make the necessary connection
(conditional admissibility)
2. motion to strike answer off the record because it is
not responsive
3. request that witness be allowed to refer to his
memorandum to refresh his memory
4. request to examine the notes the witness is
consulting
5. request to impeach my own witness by showing that
he had made prior inconsistent statement
6. motion to strike testimony off the record for being
hearsay
7. request that the court take judicial notice of
the fact that…
Notes on Evidence