Law 4 - Criminal Evidence - (Rules 128 – 134, Rules of Court).

PRELIM PERIOD

2 kinds of Remedial Law

1. Substantive – Rule 128 – Rule 134
2. Procedural – Rule 110 – Rule 127

Rule 128. Evidence – is the means sanctioned by these rules of ascertaining in a

judicial proceeding the truth respecting a matter of fact.

Evidence differs from proof as cause differs from effect.

Proof - is that which convinces; Evidence is that which tends to convince.

Proof - is the perfection of evidence for without evidence, there is no proof. Evidence is the
means which leads to proof.
Factum probandum – is the ultimate fact sought to be established (proposition).
Factum probans - is the evidentiary fact or the fact by which the “factum probandum” is to
be established (materials which establish the proposition).
Evidence is more comprehensive than testimony. For evidence to be admissible, it must not
only precede from the mouth of a credible witness, but it must be credible in itself.

Types and forms of evidence

A. Two basic types of evidence

1. Direct evidence - which proves the proposition without relying on any interference.
2. Indirect or circumstantial evidence – evidence of subsidiary fact from which
existence of an ultimate fact may be inferred.

B. Other types of Evidence

1. Direct or positive evidence – is that which proves the fact in dispute directly without
need of any interference or presumption.
2. Circumstantial evidence – is that which tend to establish the fact by proving
another fact. It is sufficient for conviction if the following circumstances are
present:
a. There is more than one circumstance;
b. The facts from which the interference are derived are proven; and
c. The combination of all the circumstances is such as to produce conviction
beyond reasonable doubt.
3. Cumulative evidence – is additional evidence of the same kind, and to the same
state of facts.
4. Corroborative evidence - is additional evidence of different character to the same
point.
5. Judicial evidence – includes all testimonies given by the witness in court, all
documents produced and read by the court, all things examined by the court for
the purpose of proof.
6. Positive evidence – evidence is positive when the witness affirms that the fact did
or did not occur.
7. Negative evidence - evidence is negative when the witness states that he did not
see or know the occurrence of a fact.
8. Prima facie evidence – is such as established a fact and unless rebutted or
explained by evidence becomes conclusive and is to be considered if duly proved.
9. Conclusive evidence – an evidence which is incontrovertible.
10. Primary or best evidence – is that which afford the greatest certainty of the fact in
question.
11. Secondary evidence – is that which is inferior to primary evidence, and which upon
its face shows that better evidence exists.
 12.Object evidence – evidence directly addressed to the senses of the court and is
capable of being exhibited to, examined or viewed by the court. Also known as
autoptic or real evidence.
13.Documentary evidence – supplied by written instruments or derived from
conventional symbols and letters by which ideas are represented on material
substances.
14.Testimonial evidence – is verbal or oral evidence, consist of narration or deposition
by one who has observed or has personal knowledge of that to which he is
testifying.
15.Admissible evidence – one that is relevant AND competent.
a. Relevant evidence – evidence having value in reason as tending to
prove any matter probable in an action.
b. Competent evidence – Evidence is competent when it is not excluded
by the law, statute and the constitution.
16.Material evidence – evidence directed to prove the fact in issue as determined
by the rules of substantive law and pleadings.
17.Credible evidence – it is not only admissible evidence but also believable and
used by the court in deciding the case. Evidence is credible if worthy of belief

Rules on Admissibility
a. Direct evidence – is almost always admissible.
b. Circumstantial evidence – is more often subject to exclusionary rules and rules of
relevancy

Section 3. Admissibility of evidence

The evidence to be admissible, it must be:

1. Relevant – evidence must be relevant to the facts in issue. It is determined by
logic, human experience and common sense.
2. Competent – It is determined by law, it is not excluded by the law or the rules.

KINDS OF ADMISSIBILITY
1. Conditional Admissibility – where an evidence at the time it was offer appears to
be immaterial or irrelevant unless it is connected with other facts to be
subsequently prove, such evidence may be receive in condition.

2. Multiple Admissibility – where evidence is relevant and competent for two or

more purpose and should be admitted for any or all the purposes for which it is
offered.
3. Curative Admissibility – the doctrine treats upon the right of a party to introduce
incompetent evidence in his behalf where the Court has admitted the same kind
of evidence adduce by the adverse party.

AXIOMS OF ADMISSIBILITY
1. Axiom of relevance – none but facts having rational probative value are
admissible. Stated otherwise, evidence must be relevant.
2. AXIOM OF COMPETENCE – is that facts having rational probative value are
admissible unless some specific rule forbids their admissions.
Rights protected under Article 3 of the Constitution:
a. Right against unreasonable search and seizure (Sec. 2);
b. Right to privacy and inviolability of communication (Sec. 3). Eg. Anti-
wiretapping law (R.A. 4200);
c. Right of the person under investigation for an offense (Sec. 12);
d. Right against self-incrimination (Sec. 17).
Note: Electronic document is admissible in evidence if:
1. It complies with the rules on admissibility prescribed by the Rules of Court and
related laws; and
2. Is authenticated in a manner prescribed by the Rules on Electronic Evidence.

SECTION 4. Relevancy; Collateral matters

 Collateral matters – refer to matters other than the fact in issue. It is not allowed,
except when it tends in any reasonable degree to establish the probability or
improbability of the fact in issue.

RULE 129 – What need not be proved?

Matters need NOT BE PROVED:

1. Immaterial allegations;
2. Facts admitted or not denied (Sec. 1, Rule 8);
3. Agreed and admitted facts ((Sec. 4, Rule 129);
4. Facts subject to judicial notice (Secs. 1-3, Rule 129); and
5. Facts legally presumed (Rule 131).

Judicial Notice – is the cognizance of certain facts which judges may properly take
and act upon without proof. The rule refers to facts which ought to be known to judges
because of their judicial functions.

Sec. 1. Judicial Notice, when Mandatory:

1. The existence and territorial extent of the states;
2. Their political history, forms of government, and symbols of nationality;
3. The law of nations;
4. The admiralty and maritime courts of the world and their seals;
5. The political constitution and history of the Philippines,;
6. The official acts of the legislative, executive and judicial department;
7. The laws of nature;
8. The measure of time; and
9. The geographical divisions.

Sec. 2. Judicial Notice, when Discretionary:

1. Matters which are of public knowledge;
2. Matters capable of unquestionable demonstration;
3. Matters ought to be known to judges because of their judicial functions.

Sec. 4. Judicial Admission

– is an admission, verbal or written, made by the party in the course of the
proceedings.

Elements:
1. Must be made by a party to the case;
2. Must be made in the course of the proceedings in the same case;
3. It may either be written or verbal.

Judicial Admission may be made in:

1. The pleadings;
2. In the course of the trial;
3. During pre-trial;
4. Depositions and written interrogations; and
5. Failure to deny the allegations of other party’s pleadings.

Rule on admission:
1. Amended or dismissed pleadings – it deemed an extra-judicial admission;
2. Civil cases – admitted as extra-judicial admission;
3. Criminal cases – inadmissible in evidence against the accused who made a plea if
latter withdrawn. Not even considered as extra-judicial admission.

Judicial Admission may be contradicted only when:

1. It was made through palpable mistake; and
2. That no such admission was made.
 Remedy:
1. If WRITTEN judicial admission, file a motion to withdraw the pleadings;
2. If ORAL judicial admission – counsel in open court may move for the exclusion of
such admission.

Rule 130 - Rules on Admissibility

If the evidence consists of documents, Best Evidence Rule shall be made applicable.

Best evidence rule - when the subject of inquiry is the contents of the document, no
evidence shall be admissible other than the original document itself.
Exceptions:
1. When the original, without bad faith on the part of the offeror had been lost,
destroyed or cannot be produced in court;
2. When the original is in the custody or control of the party against whom the
evidence is offered;
3. When the original consist of numerous account;
4. When the original is a public record.

Best evidence rule is not applicable when the subject of inquiry is other matter, such
as:
1. The existence of documents;
2. The due execution of document; or
3. The location of document.

Note: Where the private document is more than 30 years old, evidence of authenticity is
not necessary. This doctrine is known as “The Ancient Document Rule”.

Sec. 4: When document deemed original:

1. One the contents of which are the subject of inquiry;
2. All identical copies of the document – when the document is in two or more copies
executed at or about the same time;
3. All entries repeated in the original course of business.

When original document is unavailable, secondary evidence may be presented in Court.

Requisites if presentation of secondary evidence:
1. The original document existed and has been duly executed;
2. It has been lost, destroyed or cannot be produced in court;
3. It is unavailable without bad faith on the part of the offeror; and
4. If there are several original copies, all must be accounted for.

Order of preferences in presentation of secondary evidence in lieu of original:

1. A copy of original ( photocopy/certified true copy);
2. A recital of it contents in another authentic document; or
3. The testimony of witness.

Sec. 9. Parol Evidence – is any evidence aliunde, whether oral or written, which is
intended or tends to vary or contradict the complete and enforceable agreement
embodied in the contract.

Parol Evidence Rule

a. General Rule:
When the agreement is in writing, it is presumed that all the terms and conditions
agreed upon are written down in the said agreement.

b. Legal effect:
Oral or parol evidence cannot be presented to Modify, Explain or Add to such terms
or conditions.
 c. Exceptions:
Parol evidence may be allowed to Modify, Explain or Add to the terms of written
agreement:
1. When there is an EXTRINSIC AMBIGUITY in the written agreement;
2. When there is MISTAKE in the written agreement;
3. When there is IMPERFECTION in the written agreement;
4. When the written agreement FAILS to express the TRUE INTENT and
agreement of the parties;
5. When the written agreement is NOT VALID; and
6. Where there are other terms agreed upon by the parties after execution of
the written agreement.

Sec. 15. Written words control printed. When the instrument consists partly of written
words and partly of a printed form, and the two are inconsistent, the former
control the latter.

Sec. 20. Testimonial Evidence –qualification of witness

Witness – is a person whose statements and declarations under oath are made in an
oral examination, or by deposition or affidavit.

Who are qualified to become a witness, all persons who:

1. Can perceive, and
2. Perceiving, and can make known his perception to others.

Not a ground for disqualification:

1. Religious or political belief;
2. Interest in the outcome of the case (bias); or
3. Conviction of crime.

Conviction as ground for disqualification:

a. Rule 119, sec. 17 – accused may not be discharge as state witness if
previously convicted of a crime involving moral turpitude.
b. Those who have been convicted of falsification of document, perjury, or false
testimony
c. To be competent to testify, a witness must meet the following requirements:

1. Ability to communicate – the witness must be capable of expressing

himself/herself to be understood either directly or through interpreter.
2. Obligation of truthfulness – the witness must be capable of understanding the
duty to tell the truth.
3. Time of competency – refers to the mental condition of a witness at the time
he/she is called to the witness stand.

DISQUALIFICATION OF WITNESS

A. TOTAL or ABSOLUTE
1. Mental incapacity or insanity; and
2. Mental immaturity

B. PARTIAL or RELATIVE
1. Marital disqualification rule
2. Survivorship disqualification rule or Dead Man’s statute rule
3. Marital communication rule
4. Attorney-client privilege
5. Physician-patient privilege
6. Priest-patient privilege
7. Privilege of State Secrets
Sec. 21. Disqualification by reason of mental incapacity or immaturity;
Those whose mental condition is such that they are incapable of making known
 their perception to others.

Mental Incapacity – refers to those whose mental condition is such that they are
incapable
of making their perception to others.

Mental Immaturity – refers to children whose mental maturity is such as to render them
incapable of perceiving and of relating them truthfully.

Sec. 22. Disqualification by reason of marriage. During the marriage, neither the
husband nor the wife may testify for or against the other without the consent
of the offended spouse.
Exception:
1. In civil case, for one against the other;
2. In criminal case, for a crime committed by one against the other, or the
latter’s direct descendants or ascendants.

Requisites of disqualification:
1. that the purpose for or against whom the testimony of the other is
offered, is a party to a case;
2. that the spouse are legally married; and
3. that the civil case is not by one against the other or in criminal
case, by one against the other, or the latter’s direct descendants or
ascendants.

Note: Applies during the existence of a valid marriage.

Sec. 23. Disqualification by reason of death or insanity of adverse party.

Otherwise called as:

a. Dead Man’s Rule; or
b. Survivorship Disqualification Rule.

Applicability:
1. parties or assignors of parties to a case;
2. persons in whose behalf the case is prosecuted against the administrator
or executor;
3. against the representative of a deceased person;
4. against the person of unsound mind;
5. claim or demand against the estate of such deceased person;
6. against the person of unsound mind.

Note: The above parties cannot testify as to any matter of fact occurring before the
death
of such deceased person or before such person became of unsound mind.

Three ways/acts constituting waiver of disqualification:

1. by not objecting to the testimony of the party;
2. by cross-examining the party on prohibited matter;
3. by calling the witness to testify on said prohibited matters.

PRIVILIGE COMMUNICATIONS

Sec. 24. - Disqualifications by reason of privilege communications:

The following persons cannot testify as to matters learned in confidence in the
following cases:
a. The husband of the wife during or after the marriage, cannot be examined
without the consent of the other as to any communication received in
confidence by one or the other during the marriage, except in the civil case by
one against the other during the marriage; except in civil case by one against the
 other, or in the criminal case for a crime committed by one against the other or
the latter’s direct descendants or ascendants;
b. An attorney cannot, without the consent of his client be examined as to any
communication made by the client to him, or his advice given thereon in the
course of, or with the view to professional employment, nor can an attorney’s
secretary, stenographer, or a clerk be examined, without the consent of the
client and his employer, concerning any fact or knowledge of which has been
acquired in such capacity;
c. C. A person authorized to practiced medicine, surgery or obstetrics cannot ina
civil case, without the consent of the patient, be examined as to any advise or
treatment given by him or any information which he may have acquired in
attending such patient in a professional capacity, which information was
necessary to enable him to act in that capacity, and which would blacken the
character of the patient;
d. A minister or priest cannot without the consent of the person making the
confession, be examined as to any confession made to him in his professional
character in the course of discipline enjoined by the church to which he belongs;
and
e. A public officer cannot be examined during his term of office or afterwards, as to
communications made to him in official confidence, when the court finds that the
public interest would suffer by the disclosure.

PRIVILEGES:
Parental-filial privilege
2 kinds of privilege:
1. Parental privilege – the witness cannot be compelled to testify against his child
or other direct descendant.
2. Filial privilege - the witness cannot be compelled to testify against his parent or
other direct ascendant.

Sec. 26. Admission of party

Admission – an act declaration or omission of a party.
Admission of party may be given in evidence against him.

Sec. 27. Offer to compromise.

Rule on offer to compromise:
1. In civil cases, not an admission of any liability against the offeror;
2. In criminal cases, may be receive in evidence as an implied admission of guilt.
Exception:
a. In quasi-offenses;
b. In criminal cases where the law allowed to compromise;
bi. Tax evasion case under NIRC;
b2. Minor offenses where penalties does not exceed one year;
b3. Anti-rape law of 1997 – in cases of marital rape where subsequent
forgiveness by the wife extinguish criminal action.
Sec. 28. Admission by third party.
General Rule. The act, declaration or omission made out of court of any party may be
given in evidence against him, but may not be given in evidence against another
person.
Exceptions: Res Inter Alios Acta Rule (Secs. 27-31) or when an admission is made by:
1. Partner;
2. Agent
3. Joint owner;
4. Joint debtor
5. A person jointly interested with a party;
6. Conspirator; and privy.
Sec. 32. Admission by Silence.

Sec. 33. Confession.

Confession – is a declaration of an accused acknowledging his guilt of the offense
charged, or of any offenses necessarily included therein.

Classes of confessions:

1. Judicial confession – is a confession made in court in the course of legal

proceedings.
2. Extra-judicial confession – is made by a party elsewhere than before the
magistrate or a court.

Admission - is a statement of facts which do not directly involve an acknowledgment of

guilt or criminal intent.

Sec. 34. Unaccepted offer in writing to pay particular sum of money, or deliver a written
instrument or specific personal property, if rejected without valid cause it
equivalent to actual production and tender of the money, instrument or property.

Rule 130 sec. 36, HEARSY RULE, TESTIMONIAL KNOWLEDGE – Testimony

generally confined to personal knowledge; hearsay excluded.
Hearsay - is oral testimony or documentary evidence as to somebody’s words or
actions outside of court , where they are offered to prove the truth of
the very matters they assert.

Hearsay Rule
A. General rule – the testimony of the witness must be based on his personal
knowledge, not of what he just heard from other people.
B. Exceptions Instances where the witness can testify to prove the truth of what
someone else told him:
1. Dying declaration
2. Declaration against interest
3. Act or Declaration about Pedigree
4. Family reputation or tradition regarding pedigree
5. Common reputation
6. Part of res gestae
7. Entries in the course of business
8. Entries in official records
9. Commercial lists and the like
10.Learned treaties, and
11.Testimony or deposition at a former proceeding.

Note: Hearsay rule can be waived by failure to make a timely objection.

ELEMENTS OF HEARSAY RULE

1. It is an assertion;
2. Made or done by someone other than a testifying witness on the
stand, which is:
3. Offered in evidence to prove the truth of the matter asserted.

Hearsay Evidence Rule – as used in the law on evidence, signifies evidence which is
not founded upon the personal knowledge of the witness from whom
it is elicited.

Basic Rules – if the purpose of the testimony of the witness is to prove:

1. The tenor of the conversation with someone-admissible in evidence (NOT
covered by hearsay rule)
2. The truth of the statement made by someone-NOT admissible in evidence
(covered by hearsay rule)
Test to Determine whether the evidence is hearsay or not:
 - Whether or not the adverse party is deprived of the opportunity to confront
and cross examine the real witness against him.
- Hearsay evidence is actually a denial of the right to cross-examine.

Doctrine on Independent Relevant Statement – holds that the conversations

communicated to a witness by the third person may be admitted as proof that,
regardless of their truth or falsity, they were actually made. It appears to be
hearsay in character, but is not actually legal hearsay, such as:
a. When the utterances or statement constitutes a fact in issue, or
b. When the utterances or statement is circumstantially relevant to the existence
of such fact.

Note: Weight of hearsay evidence – It has no probative value even if not objected
to at the trial.
Sec. 37. Dying Declaration (ante mortem statement)– is that made by the victim of
a homicidal as to the material facts concerning the cause and circumstances
of the killing and which uttered under the fixed belief that death is impending
and is certain to follow immediately in a very short time, without an
opportunity for retraction and in the absence of all hopes of recovery.
Dying Declaration – otherwise known as Ante Mortem Statement

Requisites of Admissibility:

1. The declaration was made under the consciousness of impending death;

2. The declaration refers to the cause and surrounding circumstances of the
declarant’s death;
3. The declaration relates to the facts which the victim is competent to testify’
4. The declarant thereafter dies; and the declaration is offered in criminal case
wherein the declarant’s death is the subject of inquiry.

Sec. 38. Declaration Against Interest – a declaration made by a person deceased, or

unable to testify, against the interest of the declarant if the fact asserted in the
declaration was at the time it was made so far contrary to declarant’s own
interest.

In this case, the testimony of that witness refers to the statements which are
contrary to the declarant’s own interest.

Requisites of Admissibility:

1. The declarant is dead or unable to testify;

2. The declaration relates to the fact against the interest of the declarant;
3. At the time he made the declaration, the declarant was aware that the same
was contrary to his interest; and
4. The declarant has no motive to falsify and believed such declaration to be
true.

Sec. 39. Act or declaration about pedigree – means the act or declaration of a
person deceased or unable to testify in respect to the pedigree of another
personre4lated to him by birth or marriage, may be received in evidence where
it occurred before the controversy and the relationship between the two persons
is shown by evidence other than such acts or declaration.

Pedigree includes:
a. Relationship
b. Family genealogy
c. Birth
d. Marriage
e. Death
f. The dates when and the places where these facts occurred
 g. The names of the relatives, and
h. Facts of family history intimately connected with pedigree

Sec. 42. Part of res gestae – is a statement made by a person while startling
occurrence is taking place or immediately prior or subsequent thereto with respect
to a certain circumstances.

Res Gestae – literally means “things done”, and includes the circumstances, facts
and declarations incidental to the main fact or transaction necessary to illustrate its
character.

Requisite of admissibility
1. Statement must have been made while the startling occurrence is taking
place or immediately or subsequent thereto;
2. Such statement must be spontaneous;
3. Such statement must relate to the circumstances of the startling occurrence.

Types of hearsay evidence which may be admitted as part of res gestae:

1. Spontaneous exclamations; and
2. Statements accompanying an equivocal act.

Sec. 47. Testimony or deposition at a former proceeding (Testimony at the former

trial).

Sec. 48: Opinion Rule – generally not admissible

Opinion – is an interference or conclusion drawn from facts observed

Sec. 49. Opinion of an Expert witness may be receive in evidence when:

1. The fact to be proved is one requiring his knowledge, skill, training or
experience; or
2. He is known to possess such by presentation of:
a. Evidence of his training and education;
b. His particular, first-hand familiarity with the facts of the case; and
c. Authorities or standards upon which his opinion is based.

Sec. 50. Opinion of an ordinary witness - may be receive in evidence regarding the:
1. Identity of a person about who he has adequate knowledge;
2. Handwriting which he had sufficient familiarity;
3. Mental sanity of a person with whom he is sufficiently acquainted; and
4. The impression of such witness of a person’s appearance, behavior, condition
or emotion.

Sec. 51. Character Evidence – is an evidence of particular human traits; it is a

person’s disposition to act in a certain manner or the quality of a person’s conduct.

Habit evidence - refers to a person’s specific, routine acts in particular situations.

Outline of character evidence of a party:

1. Good or bad character of the accused in criminal case; and
2. Character of offended party.

Rule 131 – BURDEN OF PROOF AND PRESUMPTIONS

Burden of proof or “onus probandi” – is the duty of a party to present evidence of

the facts in issue necessary to establish his claim or defense by the amount
of evidence required by law.

Presumption - is an interference of the existence and non-existence of a fact which

the courts are permitted to draw from the proof of other facts.
The following facts need not be proved:
4. Facts which are presumed (Rule 131)
5. Facts which are of judicial notice (Rule 129)
6. Facts which are judicially admitted (Rule 129)

Burden of proof does not shifts as it remains throughout the trial with the party
upon whom it is imposed, while burden of evidence shifted from one party to
another on the basis of the weight of evidence presented.

Amount (quantum) of evidence required:

1. In Criminal case
a. To sustain conviction - proof beyond reasonable doubt (sec 2, Rule 133)
b. For the issuance of warrant of arrest – evidence of probable cause
c. For the filing of information – prima facie evidence
2. In civil case – preponderance of evidence (sec 1, Rule 133)
3. In Administrative case – substantial evidence

Classification of presumptions
1. Presumptions of law (praesumptiones juris)
2. Presumptions of fact (praesumptiones hominis)

Presumptions of law are classified into:

1. Conclusive (or absolute) – Rule 131 se. 2 (a – b)
2. Disputable (or rebuttable) - Rule 131 se. 3 (a – kk)

Sec. 2. Conclusive presumptions

a. The fact that the party in estoppel has represented to be true is conclusively
presumed as against him to be true and he is not permitted to introduce
evidence to the contrary; and
b. The ownership of the landlord at the start of the tenancy relation is conclusively
presumed as against the tenant and the latter is not permitted dispute such fact.

Sec. 2. Disputable presumptions. The following presumptions are satisfactory if

uncontradicted, but may be contradicted and overcome by other evidence;
a. That the person is innocent of crime or wrong;
b. That an unlawful act was done with an unlawful intent;
c. That a child born before 180 days after the solemnization of the subsequent
marriage is considered to have been conceived during the former marriage,
provided it be born 300 days after the termination of the former marriage;
d. That the person found in possession of falsified document is presumed to be the
author of it;

That person in possession of a thing taken in a doing of a recent wrongful act is the
taker and the doer of the whole act (a – kk)

Sec. 4. No presumption as to legitimacy and illegitimacy of the child born. Whoever

alleges the legitimacy or illegitimacy of such child must prove his allegation.

RULE 132- PRESENTATION OF EVIDENCE

Examination of Witness
Sec. 1. Witness should be examined in open court
The answer of the witness should be given orally, except:
a. when he is incapacitated to speak
b. when the question calls for a different mode of answer

Sec. 2. Proceedings on examination of witness should be recorded

Sec. 3. Rights and obligations of witness
Obligations of witness – must answer questions although his answer may tend to
establish a claim against him,
Rights of witness
a. To be protected from irrelevant, improper, or insulting questions and from
harsh or insulting demeanor;
b. Not to be detained longer than the interest of justice;
c. Not to be examined except only as to matters pertinent to the issue;
d. Not to give answer which will tend to subject him to penalty for an
offense unless otherwise provided by law;
e. Not to give answer which will tend to degrade his reputation, unless it be
to the very fact in issue, he must answer to the fact of his previous final
conviction for an offense.
The privilege of a witness against self-incrimination is:
a. strictly personal;
b. applies only to testimonial evidence.

Sec. 4. Order of Examination of Individual Witness

a. Direct examination by the proponent – the witness is made to testify to all facts
that may support the case of the party calling him;
b. Cross-examination by the opponent – wherein the matter disclosed in the direct
examination are tested. It must be confined to the matters inquired about in the
direct examination;
c. Re-direct examination by the proponent – with the view to refuting the cross-
examination are tested; and
d. Re-cross-examination by the opponent – to retest the matters disclosed in the
direct examination. Its scope is limited to matters taken during re-direct
examination.

In presentation of evidence (witness) it must be:

a. Systematic;
b. Orderly; and
c. Thorough.

Sec. 9. Recalling witness. Witness may be recalled but with leave of court.
After the witness has left the stand, his recall may be necessary either:
- Because of inadvertence or from other causes; or
- Counsel has failed to ask him on some important facts; or failed to lay the proper
foundation; or
- To make him correct, explain or clarify his prior testimony.

NOTE: The prosecution is entitled to call on witnesses not listed in the information
(Pp. vs. Realon, 99 SCRA 422).

Sec. 10. Leading and Misleading Questions

Misleading Questions – one which assumes as true a fact not yet testified to by the
witness, or contrary to that which he has previously stated. It is not allowed.

Leading Questions – those which suggest to the witness the answer which the
examining party desires. It is not allowed except:
a. On cross-examination;
b. On preliminary matters;
c. When the witness is ignorant, or child of tender years, or is of feeble minded, or
a deaf-mute;
d. Unwilling or hostile witness;
e. Witness who is an adverse party or an officer, director or a managing agent of
private or public corporation.

Types of Leading Questions

 a. Those merely leading the witness to the desired answer. Eg. Did D stop at the
stop sign?
b. Questions which strongly suggest a large volume of facts permitting the witness
to affirm them with a simple “yes” answer.

Sec. 11. Impeachment of Adverse party’s witness.

To “impeach” the witness – means to discredit witness’ credibility.

Modes of impeachment:
a. By contradictory statements;
b. Evidence that the witness’ general reputation for truth, honesty or integrity is
bad;
c. Evidence that he made previous statements inconsistent with his present
testimony.

Methods of attacking credibility:

- Demonstrating poor character of truthfulness;
- Establishing bias or interest;
- Establishing prior inconsistent statements.

Note: A party may not impeach his own witness.

Sec. 15. Exclusion or separation of witnesses on trial. While the witness is under
examination, all witnesses not yet testified may be excluded. Such act is
discretionary on the part of the Court.

Sec. 16. When witness may refer to memorandum:

Two well-known principle relating tom refreshing of memory of witness:

a. Revival of present memory – the witness may be permitted to refresh his
memory by referring to writing or anything else.
b. Past recollection record – a witness may testify from a written memorandum
(under oath), though he retains no recollection of a particular facts.

Sec. 18. The adverse party has the right to inspect writing shown to the witness.
Sec. 19. Classes of documents:
a. Public documents;
b. Private documents.

A document is a “deed”, instrument or other duly authorized paper by which something

is prove, evidence or set forth.

Public documents are: (defined)

a. Written official acts, or records of the official acts of the sovereign authority,
official bodies and tribunals, and public officers, whether of the Philippines, or
foreign country;
b. Documents acknowledge before the notary public EXCEPT last will and
testaments;
c. Public records, kept in the Philippines, of private documents required by law to
be entered therein.

ALL OTHER WRITINGS ARE PRIVATE.

Private documents – is every deed or instrument executed by a private person, without
the intervention of the notary public or of other person legally authorized by
which document some deposition or agreement is proved, evidence or set forth.

Sec. 20. Proof of private document. Needs authentication before it can be admitted in
evidence.
Modes of authenticating private documents:
a. By any one who saw the writing executed;
b. By evidence of the genuiness of the handwriting of the maker;
c. By the subscribing witness; and
d. Authentication by contents.

Types of authentication:
a. By testimony;
b. Chain of custody; and
c. By age (Ancient Document, Sec. 21).

Sec. 29. Judicial Record.

Judicial record may be impeached by:
1. Want of jurisdiction in the court or judicial officer; or
2. Of collusion between parties; or
3. Fraud in the party offering the record, in respect to the proceedings.

OFFER AND OBJECTION

Sec. 34. Offer of evidence. The Court shall consider no evidence which has not been
formally offered. The purpose for which the evidence is offered must be specific.
Time to offer – it must be made at the stage of the trial.

Sec. 35. When to make offer

a. Testimony of witness – made at the time the witness is called to witness stand.
b. Documentary and object evidence – after the presentation of a party’s
testimonial evidence.

OBJECTION TO EVIDENCE

Sec. 36. Objection to evidence

a. Offered orally - must be made immediately after the offer is made.
b. Questions propounded in the course of oral examination of a witness – shall be
made as soon as the grounds therefore shall become apparent.
c. Evidence offered in writing – within 3 days after notice of offer unless different
period is allowed by court.

The Judge is required to rule on the admissibility of evidence:

a. Before trial;
b. During trial before the witness answers the question or tangible evidence is
received in evidence; and
c. During oral argument.

Rule is corpus delicti?

END

PRIVILIGE COMMUNICATIONS

Sec. 24. - Disqualifications by reason of privilege communications:

The following persons cannot testify as to matters learned in confidence in the
following cases:
f. The husband of the wife during or after the marriage, cannot be examined
without the consent of the other as to any communication received in
confidence by one or the other during the marriage, except in the civil case by
one against the other during the marriage; except in civil case by one against the
other, or in the criminal case for a crime committed by one against the other or
the latter’s direct descendants or ascendants;
 g. An attorney cannot, without the consent of his client be examined as to any
communication made by the client to him, or his advice given thereon in the
course of, or with the view to professional employment, nor can an attorney’s
secretary, stenographer, or a clerk be examined, without the consent of the
client and his employer, concerning any fact or knowledge of which has been
acquired in such capacity;
h. C. A person authorized to practiced medicine, surgery or obstetrics cannot ina
civil case, without the consent of the patient, be examined as to any advise or
treatment given by him or any information which he may have acquired in
attending such patient in a professional capacity, which information was
necessary to enable him to act in that capacity, and which would blacken the
character of the patient;
i. A minister or priest cannot without the consent of the person making the
confession, be examined as to any confession made to him in his professional
character in the course of discipline enjoined by the church to which he belongs;
and
j. A public officer cannot be examined during his term of office or afterwards, as to
communications made to him in official confidence, when the court finds that the
public interest would suffer by the disclosure.

PRIVILEGES:
Parental-filial privilege
2 kinds of privilege:
3. Parental privilege – the witness cannot be compelled to testify against his child
or other direct descendant.
4. Filial privilege - the witness cannot be compelled to testify against his parent or
other direct ascendant.

Sec. 26. Admission of party

Admission – an act declaration or omission of a party.
Admission of party may be given in evidence against him.

Sec. 27. Offer to compromise.

Rule on offer to compromise:
3. In civil cases, not an admission of any liability against the offeror;
4. In criminal cases, may be receive in evidence as an implied admission of guilt.
Exception:
c. In quasi-offenses;
d. In criminal cases where the law allowed to compromise;
bi. Tax evasion case under NIRC;
b2. Minor offenses where penalties does not exceed one year;
b3. Anti-rape law of 1997 – in cases of marital rape where subsequent
forgiveness by the wife extinguish criminal action.

Sec. 28. Admission by third party.

General Rule. The act, declaration or omission made out of court of any party may be
-1-
given in evidence against him, but may not be given in evidence against another
person.
Exceptions: Res Inter Alios Acta Rule (Secs. 27-31) or when an admission is made by:
7. Partner;
8. Agent
9. Joint owner;
10.Joint debtor
11.A person jointly interested with a party;
12.Conspirator; and privy.
Sec. 32. Admission by Silence.
Sec. 33. Confession.

Confession – is a declaration of an accused acknowledging his guilt of the offense

charged, or of any offenses necessarily included therein.

Classes of confessions:
3. Judicial confession – is a confession made in court in the course of legal
proceedings.
4. Extra-judicial confession – is made by a party elsewhere than before the
magistrate or a court.

Admission - is a statement of facts which do not directly involve an acknowledgment of

guilt or criminal intent.

Sec. 34. Unaccepted offer in writing to pay particular sum of money, or deliver a written
instrument or specific personal property, if rejected without valid cause it
equivalent to actual production and tender of the money, instrument or property.

Rule 130 sec. 36, HEARSY RULE, TESTIMONIAL KNOWLEDGE – Testimony

generally confined to personal knowledge; hearsay excluded.
Hearsay - is oral testimony or documentary evidence as to somebody’s words or
actions outside of court , where they are offered to prove the truth of
the very matters they assert.
Hearsay Rule
C. General rule – the testimony of the witness must be based on his personal
knowledge, not of what he just heard from other people.
D. Exceptions Instances where the witness can testify to prove the truth of what
someone else told him:
12.Dying declaration
13.Declaration against interest
14.Act or Declaration about Pedigree
15.Family reputation or tradition regarding pedigree
16.Common reputation
17.Part of res gestae
18.Entries in the course of business
19.Entries in official records
20.Commercial lists and the like
21.Learned treaties, and
22.Testimony or deposition at a former proceeding.

Note: Hearsay rule can be waived by failure to make a timely objection.

ELEMENTS OF HEARSAY RULE

1. It is an assertion;
2. Made or done by someone other than a testifying witness on the
stand, which is:
-2-
3. Offered in evidence to prove the truth of the matter asserted.

Hearsay Evidence Rule – as used in the law on evidence, signifies evidence which is
not founded upon the personal knowledge of the witness from whom it is
elicited.

Basic Rules – if the purpose of the testimony of the witness is to prove:

3. The tenor of the conversation with someone-admissible in evidence (NOT
covered by hearsay rule)
4. The truth of the statement made by someone-NOT admissible in evidence
(covered by hearsay rule)
Test to Determine whether the evidence is hearsay or not:
 - Whether or not the adverse party is deprived of the opportunity to confront
and cross examine the real witness against him.
- Hearsay evidence is actually a denial of the right to cross-examine.

Doctrine on Independent Relevant Statement – holds that the conversations

communicated to a witness by the third person may be admitted as proof that,
regardless of their truth or falsity, they were actually made. It appears to be
hearsay in character, but is not actually legal hearsay, such as:
c. When the utterances or statement constitutes a fact in issue, or
d. When the utterances or statement is circumstantially relevant to the existence
of such fact.

Note: Weight of hearsay evidence – It has no probative value even if not objected
to at the trial.
Sec. 37. Dying Declaration (ante mortem statement)– is that made by the victim of
a homicidal as to the material facts concerning the cause and circumstances
of the killing and which uttered under the fixed belief that death is impending
and is certain to follow immediately in a very short time, without an
opportunity for retraction and in the absence of all hopes of recovery.
Dying Declaration – otherwise known as Ante Mortem Statement

Requisites of Admissibility:

5. The declaration was made under the consciousness of impending death;

6. The declaration refers to the cause and surrounding circumstances of the
declarant’s death;
7. The declaration relates to the facts which the victim is competent to testify’
8. The declarant thereafter dies; and the declaration is offered in criminal case
wherein the declarant’s death is the subject of inquiry.

Sec. 38. Declaration Against Interest – a declaration made by a person deceased, or

unable to testify, against the interest of the declarant if the fact asserted in the
declaration was at the time it was made so far contrary to declarant’s own
interest.

In this case, the testimony of that witness refers to the statements which are
contrary to the declarant’s own interest.

Requisites of Admissibility:

5. The declarant is dead or unable to testify;

6. The declaration relates to the fact against the interest of the declarant;
7. At the time he made the declaration, the declarant was aware that the same
was contrary to his interest; and
8. The declarant has no motive to falsify and believed such declaration to be
true.
-3-
Sec. 39. Act or declaration about pedigree – means the act or declaration of a
person deceased or unable to testify in respect to the pedigree of another
personre4lated to him by birth or marriage, may be received in evidence where
it occurred before the controversy and the relationship between the two persons
is shown by evidence other than such acts or declaration.

Pedigree includes:
i.Relationship
j.Family genealogy
k. Birth
l.Marriage
m. Death
n. The dates when and the places where these facts occurred
 o. The names of the relatives, and
p. Facts of family history intimately connected with pedigree

Sec. 42. Part of res gestae – is a statement made by a person while startling
occurrence is taking place or immediately prior or subsequent thereto with respect
to a certain circumstances.

Res Gestae – literally means “things done”, and includes the circumstances, facts
and declarations incidental to the main fact or transaction necessary to illustrate its
character.

Requisite of admissibility
4. Statement must have been made while the startling occurrence is taking
place or immediately or subsequent thereto;
5. Such statement must be spontaneous;
6. Such statement must relate to the circumstances of the startling occurrence.

Types of hearsay evidence which may be admitted as part of res gestae:

3. Spontaneous exclamations; and
4. Statements accompanying an equivocal act.

Sec. 47. Testimony or deposition at a former proceeding (Testimony at the former

trial).

Sec. 48: Opinion Rule – generally not admissible

Opinion – is an interference or conclusion drawn from facts observed

Sec. 49. Opinion of an Expert witness may be receive in evidence when:

3. The fact to be proved is one requiring his knowledge, skill, training or
experience; or
4. He is known to possess such by presentation of:
d. Evidence of his training and education;
e. His particular, first-hand familiarity with the facts of the case; and
f. Authorities or standards upon which his opinion is based.

Sec. 50. Opinion of an ordinary witness - may be receive in evidence regarding the:
5. Identity of a person about who he has adequate knowledge;
6. Handwriting which he had sufficient familiarity;
7. Mental sanity of a person with whom he is sufficiently acquainted; and
8. The impression of such witness of a person’s appearance, behavior, condition
or emotion.

Sec. 51. Character Evidence – is an evidence of particular human traits; it is a

person’s disposition to act in a certain manner or the quality of a person’s conduct.

-4-

Habit evidence - refers to a person’s specific, routine acts in particular situations.

Outline of character evidence of a party:

3. Good or bad character of the accused in criminal case; and
4. Character of offended party.

Rule 131 – BURDEN OF PROOF AND PRESUMPTIONS

Burden of proof or “onus probandi” – is the duty of a party to present evidence of

the facts in issue necessary to establish his claim or defense by the amount of
evidence required by law.
Presumption - is an interference of the existence and non-existence of a fact which
the courts are permitted to draw from the proof of other facts.

The following facts need not be proved:

4. Facts which are presumed (Rule 131)
5. Facts which are of judicial notice (Rule 129)
6. Facts which are judicially admitted (Rule 129)

Burden of proof does not shifts as it remains throughout the trial with the party
upon whom it is imposed, while burden of evidence shifted from one party to
another on the basis of the weight of evidence presented.

Amount (quantum) of evidence required:

4. In Criminal case
d. To sustain conviction - proof beyond reasonable doubt (sec 2, Rule 133)
e. For the issuance of warrant of arrest – evidence of probable cause
f. For the filing of information – prima facie evidence
5. In civil case – preponderance of evidence (sec 1, Rule 133)
6. In Administrative case – substantial evidence

Classification of presumptions
3. Presumptions of law (praesumptiones juris)
4. Presumptions of fact (praesumptiones hominis)

Presumptions of law are classified into:

1. Conclusive (or absolute) – Rule 131 se. 2 (a – b)
2. Disputable (or rebuttable) - Rule 131 se. 3 (a – kk)

Sec. 2. Conclusive presumptions

c. The fact that the party in estoppel has represented to be true is conclusively
presumed as against him to be true and he is not permitted to introduce
evidence to the contrary; and
d. The ownership of the landlord at the start of the tenancy relation is conclusively
presumed as against the tenant and the latter is not permitted dispute such fact.

Sec. 2. Disputable presumptions. The following presumptions are satisfactory if

uncontradicted, but may be contradicted and overcome by other evidence;
e. That the person is innocent of crime or wrong;
f. That an unlawful act was done with an unlawful intent;
g. That a child born before 180 days after the solemnization of the subsequent
marriage is considered to have been conceived during the former marriage,
provided it be born 300 days after the termination of the former marriage;
h. That the person found in possession of falsified document is presumed to be the
author of it;
-5-
That person in possession of a thing taken in a doing of a recent wrongful act is the
taker and the doer of the whole act (a – kk)

Sec. 4. No presumption as to legitimacy and illegitimacy of the child born. Whoever

alleges the legitimacy or illegitimacy of such child must prove his allegation.

RULE 132- PRESENTATION OF EVIDENCE

Examination of Witness
Sec. 1. Witness should be examined in open court
The answer of the witness should be given orally, except:
a. when he is incapacitated to speak
b. when the question calls for a different mode of answer
Sec. 2. Proceedings on examination of witness should be recorded
Sec. 3. Rights and obligations of witness
Obligations of witness – must answer questions although his answer may tend to
establish a claim against him,
Rights of witness

The privilege of a witness against self-incrimination is:

c. strictly personal;
d. applies only to testimonial evidence.

Sec. 4. Order of Examination of Individual Witness

e. Direct examination by the proponent;
f. Cross-examination by the opponent;
g. Re-direct examination by the proponent; and
h. Re-cross-examination by the opponent
In presentation of evidence (witness) it must be:
d. Systematic;
e. Orderly; and
f. Thorough.

Sec. 9. Recalling witness.

NOTE: The prosecution is entitled to call on witnesses not listed in the information
(Pp. vs. Realon, 99 SCRA 422).

Sec. 10. Leading and Misleading Questions

Sec. 11. Impeachment of Adverse party’s witness.

To “impeach” the witness – means to discredit witness’ credibility.

Modes of impeachment:
d. By contradictory statements;
e. Evidence that the witness’ general reputation for truth, honesty or integrity is
bad;
f. Evidence that he made previous statements inconsistent with his present
testimony.

Methods of attacking credibility:

- Demonstrating poor character of truthfulness;
- Establishing bias or interest;
- Establishing prior inconsistent statements.
Note: A party may not impeach his own witness.
Sec. 15. Exclusion or separation of witnesses on trial. While the witness is under
examination, all witnesses not yet testified may be excluded. Such act is
discretionary on the part of the Court.
Sec. 16. When witness may refer to memorandum:
-6-
Two well-known principle relating tom refreshing of memory of witness:
c. Revival of present memory – the witness may be permitted to refresh his
memory by referring to writing or anything else.
d. Past recollection record – a witness may testify from a written memorandum
(under oath), though he retains no recollection of a particular facts.

Sec. 18. The adverse party has the right to inspect writing shown to the witness.
Sec. 19. Classes of documents:
c. Public documents;
d. Private documents.

A document is a “deed”, instrument or other duly authorized paper by which something

is prove, evidence or set forth.
Public documents are: (defined)
d. Written official acts, or records of the official acts of the sovereign authority,
official bodies and tribunals, and public officers, whether of the Philippines, or
foreign country;
e. Documents acknowledge before the notary public EXCEPT last will and
testaments;
f. Public records, kept in the Philippines, of private documents required by law to
be entered therein.

ALL OTHER WRITINGS ARE PRIVATE.

Private documents – is every deed or instrument executed by a private person, without
the intervention of the notary public or of other person legally authorized by
which document some deposition or agreement is proved, evidence or set forth.

Sec. 20. Proof of private document. Needs authentication before it can be admitted in
evidence.
Modes of authenticating private documents:
e. By any one who saw the writing executed;
f. By evidence of the genuiness of the handwriting of the maker;
g. By the subscribing witness; and
h. Authentication by contents.

Types of authentication:
d. By testimony;
e. Chain of custody; and
f. By age (Ancient Document, Sec. 21).

Sec. 29. Judicial Record.

Judicial record may be impeached by:
1. Want of jurisdiction in the court or judicial officer; or
2. Of collusion between parties; or
3. Fraud in the party offering the record, in respect to the proceedings.

x x x x x x x x x END of Semi-Final x x x x x x x x x x x
 OFFER AND OBJECTION

Sec. 34. Offer of evidence. The Court shall consider no evidence which has not been
formally offered. The purpose for which the evidence is offered must be specific.
Time to offer – it must be made at the stage of the trial.

Sec. 35. When to make offer

c. Testimony of witness – made at the time the witness is called to witness stand.
d. Documentary and object evidence – after the presentation of a party’s
testimonial evidence.

-7-
OBJECTION TO EVIDENCE

Sec. 36. Objection to evidence

d. Offered orally - must be made immediately after the offer is made.

e. Questions propounded in the course of oral examination of a witness – shall be
made as soon as the grounds therefore shall become apparent.
f. Evidence offered in writing – within 3 days after notice of offer unless different
period is allowed by court.

The Judge is required to rule on the admissibility of evidence:

d. Before trial;
e. During trial before the witness answers the question or tangible evidence is
received in evidence; and
f. During oral argument.

Sec. 37. When repetition of objections not necessary. It being sufficient for the adverse
party to record his continuing objection to such class of questions.

Sec. 39. Striking of Answer. Should a witness answer the question before the adverse party
had the opportunity to voice fully its objection to the same, and such objection is
found to be meritorious, the court shall sustain the objection and order the
answer given to be stricken off the record.

Sec. 40. Tender of excluded evidence. If the documents or things offered in evidence are
excluded by the court, the offeror may have the same attached to or made part
of the record. If the evidence excluded is oral, the offeror may state for the record
the name and other personal circumstances of the witness and the substance of
the proposed testimony.
PROCEDURE DURING COURT TRIAL

Entrance of the JUDGE

Interpreter - - - Please all stand. By the Order of the Honorable Judge, the Court is now
in session. Everybody is enjoin to observed silence. Please remain standing for
the ECUMENICAL PRAYER FOR THE COURT.

“Almighty GOD, we stand in your Holy Presence as our

Supreme Judge. We humbly beseech you to bless and
inspire us so that what we think, say & do, will be in
accordance with Your Will. Enlightened our minds,
strengthen our spirit & fill our hearts with fraternal love,
wisdom and understanding, so that we can be an effective
 channels of truth, justice and peace. In our proceedings
today, guide us in the path of righteousness for the
fulfilment of you greater glory. Amen.”

JUDGE . . . Please sit down

. . . Call the case now
Interpreter . . . Criminal Case No. _____, People of the Philippines, Plaintiffs, vs. Juan
Dela Cruz, Accused. For Frustrated Murder and for initial presentation of
evidence for the prosecution, Your Honor.
JUDGE . . . Appearances?
Prosecutions . . . Prosecutor . . . . . Counsel for the Plaintiffs, we are ready Your Honor.
Atty. . . . . Counsel for the Accused, we are ready Your Honor.
JUDGE . . . Evidence?
Prosecution . . Yes, Your Honor. I would like to call on to the witness stand the first
witness for the Prosecution in the person of . . . . . . . . . . and he/she may be
swear Your Honor.
JUDGE . . . Witness to the witness stand & swear the witness.
Interpreter . . . Yes, Your Honor. Please raise your right hand. Will you swear to tell the
truth nothing but the whole truth as you testify in this case?
Witness . . . . Yes, Ma’am/Sir.
Interpreter . . . Please state your name, address and other personal circumstances.
Pangalan; edad; civil status; residence; trabaho. Fiscal/Atty., your witness
is now ready.
Fiscal/Atty. . . . Your Honor, I would like to formally offer the testimony of this witness
to prove that at the time of the commission of this crime, he was in the
barangay hall of Barangay______ attended a disco party. That at the time
of the incident, he saw the accused as the one who shot/stabbed the victim
using . . . but fortunately the victim was not fatally wounded and was
survived. He will also testify of other related matters in relation to this case.
May I proceed, Your Honor.
JUDGE . . . Proceed.
Fiscal/Atty. . . . Mr/Ms. Witness, have you remember having executed a Judicial
Affidavit in relation to this case?
Witness . . . . Yes, Ma’am/Sir.
Fiscal/Atty. . . If that Judicial Affidavit will be shown to you, can you identify it?
Witness . . . . Yes, Ma’am/Sir.
Fiscal/Atty. . . I have here in my position the alleged Judicial Affidavit, is this the
Judicial Affidavit you are referring to?
Interpreter . . . the counsel is handling the said documents to the witness and the
witness is trying to scrutinize it

Witness . . . . Yes, Ma’am/Sir.

Fiscal/Atty. . .This documents are consisting of 3 pages, in the last page thereof
appearing the name ______, whose name is this?
Witness . . . . That is my name.
Fiscal/Atty. . . above the name __________ appearing the signature, whose signature
is this?
Witness . . . . That is my signature Sir/Ma’am.
Fiscal/Atty. . . Your Honor, I would like pray that the Judicial Affidavit of this witness
Your Honor, which will serve as his direct testimony, be marked as Exhibit
“A”, for the prosecution.
JUDGE . . . Marked it.
Fiscal/Atty. . .the second page thereof be marked as Exhibit “A-1”, third page as
Exhibit “A-2” and the name and signature of the witness be encircled and
marked as Exhibit “A-2-A”.
JUDGE . . . Marked it.
Fiscal/Atty. . . Thats all for the witness Your Honor.
JUDGE . . . Any CROSS?
Atty. (Deferense Counsel) . . . . Yes Your Honor. May I proceed Your Honor?
JUDGE . . . Proceed.
Defense counsel conducting the Cross-Examination to the witness. . .