BASIC TRIAL COURT OBJECTIONS GUIDELINES

By: famigo451 (Original Author)

Revised by: Benj

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;
c. Objection to the question for being SPECULATIVE, or it assumes
an unestablished fact;
d. Objection to the question for it violates PRIVILEGED
COMMUNICATION;
e. Objection to the question for VAGUENESS;
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 NOT LAYING THE PREDICATE, or
the proper foundation has not been laid;
j. Objection to the question for it CALLS FOR AN OPINION;
k. Objection to the question for being MISLEADING;
l. Objection to the question for having already been ASKED AND
ANSWERED;
m. Objection to the question due to an INCOMPETENT WITNESS;
 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; and,
p. Objection to the question for being IMPROPER DURING CROSS-
EXAMINATION/DIRECT EXAMINATION/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.