Professional Documents
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The Interrogator and The Interrogated TH
The Interrogator and The Interrogated TH
Marilu Rañosa-Madrunio
University of Santo Tomas, Philippines
mrmadrunio@mnl.ust.edu.ph
Courtroom interaction in judicial settings differs from ordinary conversational discourse in that
it is based on institutional modes of talk. As such, it is the lawyer that controls the topic and de-
cides who can talk and when the question and answer exchange may commence and end. This
paper investigates the questioning process in Philippine courtrooms, specifically the typology
and structure of the lawyers‟ questions and the turn-taking system between the interrogator and
the interrogated that show how power is enacted and legitimated in the discourse genre of direct
and cross-examinations. Selected court proceedings served as corpus of the study. Most of the
materials were sourced from RTC Branch 80 in Malolos City in the Philippine province of Bu-
lacan, which is classified as a Special Court for Drug Cases. The court was included in a pilot
project conducted by the Committee on Linguistic Concerns of the Supreme Court of the Phil-
ippines in 2008 which directed the use of Filipino in courtroom proceedings.
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M. Rañosa-Madrunio
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The Interrogator and the Interrogated
that the type of answers expected is related to yes is followed by a full clause to clarify
the degree of coerciveness of the different what the person answering the question
question types. For instance, Tkǎcuková intends to say (Kachru & Nelson, 2006, p.
(2010) categorizes the cross-examination 43).
question types into “open” and “closed” On the whole, Tkǎcuková 2010
questions. Open questions are wh-questions explains that cross-examiners are tasked to
whereas closed questions are alternative, yes challenge the credibility of the witness,
-no, declarative, and tag questions. These propose an alternative approach to the
questions relate to their syntactic structure as events, and persuade the audience. From the
well as the type of answers expected. narrative perspective, Heffer (2010) cites two
According to Huddleston and Pullum (2002 objects to cross-examination: to dismantle
in Tkǎcuková, 2010), yes-no questions are the story co-constructed during examination
generally regarded as least coercive since and to present alternative versions of the
they offer limited possibility for witnesses to facts (p. 209).
digress, unlike tag and declarative questions According to Brennan (1994 in Holt
which are considered more biased towards a & Johnson, 2010), the linguistic features of
confirmative answer and so are more cross-examination questions include the
coercive (p. 336). Hobbs (2003b in following: a.) use of negatives; b.)
Tkǎcuková, 2010) supports this point that juxtaposition of topics that are not overtly
such types of questions offer an important related; c.) nominalisations; d.) multifaceted
advantage to counsels and that they are questions; e.) unclear questions; f.)
perceived as statements helping to change embedding and much more (pp. 21-22).
the questions into evidence. Tag questions Another characteristic of legal talk
and declarative questions can become a relate to questions in court trials which
powerful tool that enables counsels to give involve the system of turn-taking. It has been
evidence on behalf of witnesses, reducing the noted that lawyers may manipulate power in
latter to the role of minimal responders (p. the turn-taking process apart from their
336). Woodbury (1984) and Berk-Seligson ability to control to a certain extent the
(1999 in Tkǎcuková, 2010), consider the tag nature of the witnesses‟ responses through
questions to be the most coercive since they their questions. Atkinson and Drew (1979 in
have an additional pragmatic meaning (p. Holt and Johnson, 2010) state that at certain
336). points during the proceedings, the judge and
It should be noted that the question- the lawyers have long turns where no one
answering systems can also induce more else contributes (during opening and closing
problems to many non-native English speeches and in summing up), whereas the
speaking countries that follow the agreement examination of witnesses proceeds through a
-disagreement system instead of the positive- series of question and answer exchanges.
negative system in which an answer Although there can be a considerable number
confirming the assumption of the questioner of people present, there are rules on who can
is always in the positive to signal agreement, talk and when (p. 23). This structure limits
as opposed to a negative answer that the opportunity for the suspects and
expresses agreement with that assumption. witnesses to speak and give more
For those who are used to following the information as they can be charged with
positive-negative system, they have difficulty „contempt of court‟. Any attempt to do so,
interpreting yes-no responses in the even if not done deliberately to defy
agreement-disagreement system unless the authority, can be used against the
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M. Rañosa-Madrunio
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The Interrogator and the Interrogated
the other two were cross-examinations. 2010). Gibbons (2003 in Ehrlich, 2010)
It should be noted that video- claims that the questioning is based
recordings were not permitted by the court. according to a questioner‟s ability to include
The researcher had to rely on the audio- “elements of the [ir] desired version of
recordings of at least two cases lent by the events” in questions (p. 268). Indeed, as cited
court as well as the official transcripts of one earlier, for Woodbury (1984 in Ehrlich,
civil case and one criminal case. This is one 2010), control refers to the “degree to which
limitation of the study. However, it is not an the questioner can impose his [sic] own
isolated case since the same happens in trial interpretations on the evidence” (p. 268).
courts all over the world. Audio-recordings, The language used in the
more so video-recordings, are not allowed in interrogation process takes on a crucial role
court proceedings even in other countries. as it may accelerate or decelerate the flow of
Finally, while drug cases were heard the questioning process. In the case of
in Tagalog in RTC Branch 80 in Bulacan, Philippine litigation, some lawyers claim that
proceedings in civil cases continued to be the use of Tagalog or Filipino expedites the
conducted in English in the same branch. whole legal process. Judge Buhat avers that:
Thus, in this study, courtroom discourse Using Filipino captures the
refers to discourse in the courtroom attention of the litigants. They
conducted in both English and Tagalog. manage to easily understand
4.0 Results and Discussion
This section focuses on a discussion everything. It also lessens the
of the research problems starting with the time spent on trials because
questioning process which deals with the there are no more translations.
typology of questions in the courtroom and There is more silence in my
sentence structures that include the analysis court because everybody
of direct and indirect reported speech and
understands what is going on
and-and-so prefaced questions. The question
-and-answer sequence or turn-taking system and everybody listens.
is likewise investigated along with silence as (Inquirer.net, 20 August 2009)
observed in the courtroom. This claim was corroborated by
4.1. Typology of Questions Justice de la Rama, a retired Court of
It is crucial to analyze at this point Appeals associate justice, who stated that:
how the questioning process is carried out in The use of Filipino in court
the courtroom that is, the types of questions proceedings would expedite the
utilized in direct and cross-examinations as
handling of cases because
well as how the turn-taking and sequencing
operate in the discourse of courtroom translators would no longer be
players. Such an analysis would show how needed. Using our national
manipulation is played out and achieved. language will also allow the
Researchers have argued that the litigants to fully understand
interactional control of the questioners (i.e.,
what is happening in the court.
the lawyers) is best manifested during cross-
examination when the use of leading Transparency inside the court
questions allow cross-examining lawyers to can be achieved more by using
impose their clients‟ version of events on our national language.
evidence (Conley & O‟Barr 1998 in Ehrlich, (Inquirer.net, 20 August 2009).
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M. Rañosa-Madrunio
Indeed, Buhat and De la Rama‟s witness was saying and not to challenge or
claim can be further substantiated by court weaken it (Ehrlich, 2010). Few closed
proceedings done in the past until before the questions were utilized since the goal was to
untimely demise of Judge Buhat in 2012 establish the credibility of the witness.
where official transcripts (or Katitikan) It should be noted that in the 2nd
showed the smooth exchange of question- extract of the direct examination, the
and-answer sequence between the question asked by the counsel used the
interrogator and the interrogated. In this modal do answerable by yes or no. However,
study, it should be noted that the language when translated by the courtroom interpreter,
used in criminal cases such as those dealing the question used the paano structure which
with drugs made use of Tagalog while civil is the direct translation of the interrogative
cases employed English. In an interview with question how.
one of Judge Buhat‟s staff, it was noted that Counsel: This P177,400.00 Miss
there was difficulty in using Tagalog in civil Witness, do you know how
cases since English terms do not have one-on this [uh] amount was
-one correspondence in Tagalog (personal arrived at?
communication with Adelina Ramirez, 19 Interpreter: Pano narating yung
October 2012). However, in the analysis of P177,000?
the typology of questions, only one (Alam mo ba Miss Witness
framework was used for the analysis of kung paano narating ang
courtroom proceedings carried out in English halagang P177,400?)
and Tagalog. (Did you know how the
In the analysis of the typology of amount of P177,400 was
questions in Philippine legal proceedings, arrived at?)
Tkǎcuková‟s taxonomy of questions was As regards the first extract for the
employed. Questions are classified according cross examination having a total of 26
to open and closed. Open questions are wh- questions, there were more closed questions
questions while closed questions are employed at 16 instances while open
alternative (or choice), yes/no, declarative, questions were counted at 10 instances.
and tag questions. In the Tagalog sample for However, for the closed questions, apart
direct examination, out of the 60 questions from yes-no, there were also a few instances
asked of the witness by the counsel, there of declarative and alternative questions as
were more of the closed questions in the illustrated in the following examples:
form of yes-no at 31 and open questions in Declarative: Now this alleged transaction
the form of wh at 29 instances but the between alyas XXXX and the poseur buyer
difference is not marked. For the English happened inside the alley where the house
corpus analyzed for the direct examination, of alias XXXX is located?
out of the 47 questions in the extract, open Alternative or Choice: Was that the asset
questions in the form of wh were identified at who acted as poseur buyer or another asset?
32 instances and closed yes-no at 15
instances. It appears then that open Similar to the 1st sample, the 2nd sample of
questions were employed as the lawyer co- cross-examination revealed more closed
constructed the narrative of the witness and questions at 30 instances and open questions
not much to control the information sought. at 10 instances for a total of 40 questions.
The lawyer posed questions to elicit Apart from yes-no questions, alternative and
testimony to presuppose the truth of what the declarative questions were also employed as
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The Interrogator and the Interrogated
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The Interrogator and the Interrogated
or 13% with so. The rest are classified as wh Thus, the use of and- and so-prefaced
questions. questions have semantic and pragmatic
Q: And [uh] when was it for the first meanings.
time that [uh:3.0] XXXX talked to Semantically, and and so-prefaced questions
you about the said [uh] P300.00 per combine smaller meaningful units to form
square meter [price] of these three (3) larger meaningful ones, establishing the
parcels of lot? relationship between form and meaning.
A: We received a subpoena from [the] Pragmatically, they recreate the scenes and
Barangay XXXX] for us to appear help present these scenes in a continuous
[in] [at] the said [uh] barangay manner.
[office or barangay XXXX], [ma‟am] 4.3 Turn-taking System
and from there we came to know Atkinson and Drew (1979 in Ehrlich,
[that] the price of the lot [was being 2010) point out that the question-answer
raised] was being raised to P300.00 sequence is characterized by turn-type pre-
per square meter. allocation, meaning that the types of turns
Q: So when was that when [uh] you were participants can take are pre-determined by
summoned before the barangay? their institutional roles. The turn-taking
A: That was in July 8, 1998, [ma‟am.] system operating in the courtroom is quite
different from ordinary conversations. In
As for the cross-examination extracts informal conversations where there is power
analyzed, and questions were identified at symmetry, there is negotiation and
five instances and four instances for so participants may self-select; either they self-
questions for the first sample which had a select themselves or others. In contrast, legal
total of 26 sets of utterances. In the second interaction highly depends on the power
sample, so questions were found at 16 relationships among the participants. In the
instances and six instances for and questions courtroom, lawyers are able to argue and
out of the 45 exchanges of utterances. narrate against the witness because they
Extract 2: wield power in the turn-taking process.
Moreover, Atkinson and Drew (1979
Q: Madame Witness, would you kindly in Heritage and Clayman, 2010) claim that a
inform this Honorable Court your highest special turn-taking system exists in the
educational attainment? courtroom organized around questions and
A: I passed the CPA Board last 1995, answers, with the lawyers restricted to asking
Class 1968. questions and the witnesses limited to
Q: So you are an accountant? answering them, as other parties are
A: Yes, sir. prohibited from speaking at all except under
Q: And you will admit that all these special circumstances. Compliance with this
documents that you presented turn-taking system is monitored and enforced
before this Honorable Court as your by the participants themselves, with the judge
exhibits in this case were charged with the task of adjudicating
prepared by you? procedural disputes. By pre-specifying who
A: Yes, sir, but dictated to me by XXXX. may speak at any given juncture, the system
Q: And where did you prepare these helps to manage the traffic of interaction in a
documents? situation where the large number of
A: It was prepared in their house, sir. participants might otherwise lead to a
cacophony of simultaneous speech. This
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M. Rañosa-Madrunio
sustains a collective focus on a single course ba [uh] dumating ang asset para mag
of activity (p. 176). -ulat?
Note the exchange of utterances (And do you mean to say you had
between the lawyer and the witness and the companions at that time? Around
length of utterances given by each: what time did the asset come
Q: [uh] G. [(Ginoong) Saksi, noong [uh] for his report?)
kayo [ho] ay naglahad sa A: Humigit kumulang alas 11:00 po
Hukumang to noong ika-7 ng Hunyo nang [ng] umaga.
2010 ay [uh:8.0] sinabi niyo na (More or less 11:00 in the morning.)
noong 2008 kayo ay [uh] nakatalaga Q: At sino po [ang] partikular sa inyo
sa [uh:3.0] DEU ng XXXX Police ang [ang] [uh] nakausap nya at
Station, naalala ‘nyo po ba? nabigyan niya ng ulat?
(Mr. Witness, when you narrated to (Who in particular did he talk to and
this court on June 7, 2010, you was given the report?)
said that in 2008, you were A: Ako po.
designated at the DEU of the XXXX (Me, sir.) [6.0]
Police Station, do you recall that? T: Ito po bang asset na ito ay [uh]
A: Opo. matagal nang [ng] nagbibigay ng
(Yes.) [6.0] ulat sa inyong tanggapan
Q: At sinabi niyo rin na noong ika-21 ng patungkol sa [uh] [mga]
Agosto [taong] 2008 ay [uh] ipinagbabawal na gamot?
nagpunta sa inyong himpilan (This asset you‟re referring to, has he
ang [isang, ang] inyong civilian asset been giving reports to your Office for
at [uh:3.0] nag-ulat patungkol sa (.) long concerning illegal drugs?)
bentahan ng ipinagbabawal na gamot [6.0]
sa Brgy. XXXX at XXXX, naalala S: Hindi pa po [katagalan] [matagal].
‘nyo po ba? (Not too long.)
(And you also said on August 21, An analysis of these utterances
2008 that the civilian asset went to revealed that the first part of the examination
your station and reported on the sale used closed questions while the succeeding
of illegal drugs at Barangay XXXX ones employed open wh questions. The first
in XXXX, do you recall that?) two sets of questions are very restrictive in
A: Opo. that they call for a „yes-no‟ answer only,
(Yes). with no elaboration required. And while the
Q: Sinu-sino po ang mga kasama niyo sa succeeding question is open in nature, the
inyong tanggapan noong panahon na question asked is a who question and the last,
nagbigay ng ulat itong asset na ito? a confirmatory question which does not call
(Who were with you in your Office at for an elaborate answer. The topic is likewise
the time the asset gave his report?) determined by the lawyer. Whatever is asked
A: Si P/Insp. XXXX po, si PO2 XXXX, by the counsel, the witness is obliged to
PO2 XXXX [at si] [8.0] PO3 XXXX po. answer.
(Police Inspector XXXX, PO2 XXXX To reiterate, the system of turn-taking
and PO3 XXXX). that participants adopt is obviously based on
Q: At [ang] [uh] ibig mong sabihin ay institutional modes of talk or discourse rules.
marami kayong kasama noong oras The advantaged group or the interrogators,
po na iyon[.] (?) Mga anong oras po that is, the judges and the lawyers, are given
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The Interrogator and the Interrogated
longer turns especially when they give their rephrased at that. To elicit the response, the
opening and closing speeches. In the counsel had to ask the question several times
conduct of both direct and cross before he received an acceptable response to
examinations, they control the topic, decide his inquiry.
who can talk and when the question-and- In some instances, the counsel asks
answer exchange will begin and end leaving confirmatory questions but answers elicited
the powerless group or the interrogated, that do not confirm at all as seen in the following
is, the suspects and the witnesses, at a example:
disadvantage. As it is, with the training that Q: Do you mean to tell this Honorable
lawyers underwent, it is presumed that they Court that she has a typewriter in her
already have an idea as to how the witness house?
will answer any given question. A: The initial draft was prepared in her
Moreover, answers yielded by the house but I typed it in our office. But
witness should be relevant and the criteria these were documents not
for such relevance are drafted by the lawyers typewritten, only handwritten in the
themselves. From time to time, suspects and house of XXXX. She was present
witnesses may also be interrupted in the with the witness XXXX.
course of their responses to stop them from
giving unnecessary and “insignificant” In the legal setting, witnesses and/or
information. This is one reason why studies suspects generally succumb to the power of
show that the narrative reports given by the the lawyers especially when they do not
witnesses are not accurate since they are know how to counteract the lawyer‟s
deprived from „telling their own stories.‟ To strategy. But in the turn-taking system,
get explicit answers, lawyers engage in witnesses may also exercise power on their
reformulation, rewording what has been said own by resisting the carefully-designed
by the witness or witnesses in response to question/s of the lawyer:
the lawyer‟s query. The rewording may be
done in one turn or a series of turns or even Extract 1:
in one whole episode, the purpose of which Q: Now this alleged transaction between
is to make the witness or the suspect accept alyas XXXX and the poseur buyer
the lawyer‟s own version of events as seen in happened inside the alley where
the example below: the house of alias XXXX is
Q: And this was, as you said, this was located?
signed where? A: No, Ma‟am. It happened at the
A: That was 1990 and… barangay road.
Q: Where, where was it signed?
A: It was prepared by XXXX, and Extract 2:
notarized by… Q: What time was the transaction
Q: Where was it signed by the defendant between alias XXXX and the poseur
XXXX? buyer?
A: I was not present then. I think it was A: It happened at night time, but I could
signed in her house or at the house of not exactly tell the exact time
XXXX. because it happened a long time ago.
In this extract of trial examination, it Q: Can you still recall when your team
could be noted that the counsel asked the was dispatched to proceed to the
witness the question three times, the last one place of your buy bust operation?
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M. Rañosa-Madrunio
A: Maliwa-liwanag pa po nung nag- that is, the alleged transaction between the
dispatch kami. poseur buyer and the suspect did not happen
(It was still daytime when we were in the alley but at the barangay road. For
dispatched.) extract 2, the witness did not respond
Court: appropriately to the question as to the time
Q: Can you approximate the time, five when the event happened. He only
or sick o‟clock? answered “night time” which is a long
A: Perhaps it was between five (5:00) stretch of hours impossible for the lawyer to
to six (6:00) o‟clock in the guess. It was only after the third follow-up
afternoon and the operation lasted question when he was asked by the judge
until night. herself to approximate the time that an
answer was elicited from him: “Perhaps,
Extract 3: between 5-6 pm…” implying that he was
Q: Can you estimate what time did your not even sure because of the use of perhaps.
subject arrive at the place? The same is true for extract 3 when the
A: I could no longer recall the exact witness was asked if he could approximate
time, because that happened at night the time when the suspect arrived at the
time. place where the transaction was supposed to
have taken place but the answer was an
Extract 4: implicit rejection. As regards extract 4,
Q: And this does not refer to a sale of a while it is clear that the lawyer was
portion of a land owned by her, is it exercising control over the witness by
not? Just answer my question. asking a yes-no question and following it up
A: On the first part, it was not a sale but with the directive “Just answer my
a contract of indebtedness. question”, the witness gave an answer not
related to what was being asked. Finally, for
Extract 5: extract 5, the witness avoided answering the
Q: So you again are saying that you question by not giving a „yes‟ or „no‟
were not present when this response. She responded with a statement
document was prepared…neither and followed it up with a question. For the
you were prepared,…neither you last exchange of utterances, while the
were present when this document lawyer was asking as to where the original
or receipt was executed by the document could be found, the witness
person who signed the answered by affirming her signature on the
document? document.
A: I think the original have a signature. Heritage and Clayman (2010) argue
Do you have the original? that the lack of both explicit negation and
Q: That is your Exh. “B”. Where is the intrinsic contradiction poses a puzzle as to
original? how these responses are heard to be
A: That is my signature. competing with the attorney‟s version of
events. It anchors on the absence of a
In the preceding extracts, some of confirmatory “yes” in a sequential context
the questions invite confirmation from the where that was the preferred response,
witnesses. However, in the first example, together with a discriminably different
while a “no” response was produced, it also characterization, both of which are
contradicted the place cited by the counsel, interpretive resources suggesting a
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The Interrogator and the Interrogated
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M. Rañosa-Madrunio
are already put at a disadvantage could Heritage, J. & Clayman, S. (2010). Talk in
lessen their powerlessness through the use Action: Interactions, Identities, and
of a language known to them, a language Institutions.Wiley-Blackwell.
they are most comfortable with rather than Holt, E. & Johnson, A. (2010). Socio-
carrying out courtroom talk in a language pragmatic aspects of legal talk:
which is hardly understood by the police interviews and trial
interrogated. This way, the degree of Discourse. In M. Coulthard & A.
inadequacy of their speaking style could be Johnson (Eds.)., The Routledge
minimized and their voices heard more Handbook of Forensic Linguistics
strongly in the interest of justice. (pp. 21-36). Routledge.
Kachru, Y. & Nelson, C. (2006). World
ACKNOWLEDGEMENT Englishes in Asian Contexts. Hong
This paper forms part of the research project Kong University Press.
entitled “Language, Power, and Control in Personal Communication with Ms.
Philippine Courtroom Discourse” that the Adelina Ramirez, Judge Buhat‟s
author presented in March 2013 as holder of Staff, October 19, 2012 &
the Br. Andrew Gonzalez Professorial November 29, 2012.
Chair. The author is grateful for the grant Powell, R. (2012). English in Southeast
provided by the University of Santo Tomas. Asian Law. In E.L. Low & A.
She is likewise indebted to the staff of the Hashim (Eds.), English in Southeast
late Judge Ma. Resurreccion D. Ramos- Asia: Features, policy and language
Buhat of Regional Trial Court (RTC) 80, in use (pp. 241-266). John
Malolos, Bulacan for allowing her to collect Benjamins Publishing Company.
corpus for her research data. For the Reyes, C. “Bulacan Uses Filipino in Court
complete transcripts, please refer to the Trials.” Inquirer.net 20 August
documents at RTC 80, Malolos. 2009. Web. 4 May 2011.
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