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EVIDENCE: X. OFFER & OBJECTION Rule 131 - Coggle Diagram

- - - - OBJECTION TO OFFER MUST BE:
        
        IMMEDIATELY AFTER OFFER
        Section 36. Objection. – Objection to offer of evidence must be made orally immediately after the offer is made.
        
        OBJECTION FOR LACK OF FORMAL OFFER:
        
        AS SOON AS WITNESS BEGINS TO TESTIFY
        Objection to the testimony of a witness for lack of a formal offer must be made as soon as the witness begins to testify.
        
        OBJECTION TO QUESTION: REASONABLY APPARENT GROUNDS
        Objection to a question propounded in the course of the oral examination of a witness must be made as soon as the grounds therefor become reasonably apparent.
        
        GROUND FOR OBJECTION MUST BE SPECIFIED
        The grounds for the objections must be specified. (36a)
        
        CONTINUING OBJECTION:
        NOT NECESSARY TO REPEAT OBJECTION IF:
        
        QUESTIONS ARE OF SAME CLASS
        a. AS THOSE OBJECTED TO
        b. WHETHER SUSTAINED/OVERRULED
        
        RECORDED CONTINUING OBJECTION BY ADVERSE PARTY
        Section 37. When repetition of objection unnecessary. – When it becomes reasonably apparent in the course of the examination of a witness that the questions being propounded are of the same class as those to which objection has been made, whether such objection was sustained or overruled, it shall not be necessary to repeat the objection, it being sufficient for the adverse party to record his or her continuing objection to such class of questions. (37a)
        
        RULING ON OBJECTION:
        
        IMMEDIATELY GIVEN AFTER OBJECTION
        a. UNLESS REASONABLE TIME IS DESIRED
        Section 38. Ruling. – The ruling of the court must be given immediately after the objection is made, unless the court desires to take a reasonable time to inform itself on the question presented;
        
        ALWAYS DURING TRIAL
        
        GIVING OPP TO OBJECTED PARTY TO MEET SITUATION GIVEN BY RULING
        but the ruling shall always be made during the trial and at such time as will give the party against whom it is made an opportunity to meet the situation presented by the ruling.
        
        2 more items...
        
        WHEN DONE: REASONABLY APPARENT IN THE COURSE OF EXAMINATION
        
        SAME CLASS OF Qs OBJECTED REASONABLY APPARENT, THEN:
        
        RECORD CONTINUING OBJECTION
        
        EARLIEST OPPORTUNITY
        Necessarily, the objection must be made at the earliest opportunity, lest silence when there is opportunity to speak may operate as a waiver of objections
        (Catuira v. CA)
        
        CERTAIN PRACTICE
        Note that some practice actually disallows objecting to the Judicial Affidavit's questions if you object AFTER stating "subject to cross examination."
      - WHEN TESTIMONY: WHEN CALLED TO TESTIFY
        The offer of the testimony of a witness in evidence must be made at the time the witness is called to testify.
        
        WHEN DOC&OBJ: AFTER PRESENTATION OF TESTIMONY
        The offer of documentary and object evidence shall be made after the presentation of a party’s testimonial evidence. (35a)
    - - NO FORMAL OFFER BUT STILL ADMITTED:
        BUT CONSIDERED IF (TESTIMONY):
        
        NO OFFER OF TESTIMONY
        
        PART OF RECORDS ALREADY
        
        FAILURE TO OBJECT
        However, where the absence of an offer of
        testimonial evidence was not objected to as
        when the witness was cross-examined by the
        adverse party despite failure to make an offer
        of the testimony, the court must consider the
        testimony
        
        EVIDENCE NOT FORMALLY OFFERED IS ADMITTED AND CONSIDERED IF:
        
        DULY IDENTIFIED BY TESTIMONY
        
        INCORPORATED IN RECORDS
        e relaxed the foregoing rule and allowed evidence not formally offered to be admitted and considered by the trial court provided the following requirements are present, viz: first, the same must have been duly identified by testimony duly recorded and, second, the same must have been incorporated in the records of the case. (DOC)
        
        FILED IN A MOTION = NO NEED FOR FORMAL OFFER
        Evidence of Bravo’s minority was already a part of the record of the case. It was properly filed in support of a motion. It would be a needless formality to offer it in evidence.
        
        NEVER PRESENTED DURING
        COURSE OF THE TRIAL
        As held in Pigao v. Rabanillo, for documentary evidence to be considered by the court, it must have been presented during trial and formally offered.
        Thus, it would be unreasonable to apply here the general rule that objection to the admissibility of evidence, if not made at the time such evidence is offered, shall be deemed waived.
        As the demand letter was never presented during the course of the trial, Tan was never alerted to its possible inclusion in the prosecution’s formal offer of evidence.
        Thus, petitioner’s failure to timely object to this piece of evidence (the demand letter) is excusable.
        
        MERE ID & MARK DOES NOT MEAN IT HAS BEEN OFFERED AS PART OF EVIDENCE
        A formal offer is necessary because it is the
        duty of a judge to rest his findings of facts and
        his judgment only and strictly upon the
        evidence offered by the parties to the suit. It is
        a settled rule that the mere fact that a particular
        document is identified and marked as an
        exhibit does not mean that it has thereby
        already been offered as part of the evidence of
        a party. [Parel v. Prudencio, G.R. 146556
        (2006).
  - - - LAST CHANCE
        During presentation of witness, that is your last chance in the lower court to mark the evidence.