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RULE 132

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  RULE 132 Rules of Court - PRESENTATION OF EVIDENCE   PRESENTATION OF EVIDENCE   I. INTRODUCTION.   1. Rule 132 governs the manner by which Testimonial and Documentary evidences are to be presented in Court.   2. Principles in the presentation of evidence by the parties:   a). A case is won or lost depending upon how effective was the presentation of evidence, particularly as to what evidence were presented and how they were presented   b). Parties should be allowed a certain latitude in the presentation of their evidence otherwise they might be so hampered that the ends of justice may eventually be defeated or appear to be defeated. The court should not limit the evidence to be presented.   c). The parties should be allowed to maintain their own way or style of presenting evidence when these can be done without injury to the speedy disposition of the case and to the best interest of the administration of justice   d) The court should liberally receive all evidence offered in the trial to be able to render its decision with all the possibly relevant proof in the record and to assure the appellate court to have a good  judgment and to obviate remanding the case for re-trial or reception of evidence   Section 1. Provides the manner of presenting testimonial evidence to be as follows:   By presenting the witness personally in open court   a). The witness must appear in person so that the court and the opponent may observe him and hear his testimony   b). His personal presence cannot be substituted by the submission of written statements or audio testimony   c) There is also no secret testimony and it must always be in the presence of the adverse party, except when the presentation is allowed to be ex parte, or testimony through interrogatories or  depositions in advance of trial before a hearing officer but upon prior approval of the court and with proper notice to the adverse party   d). CHILD WITNESSES: the witness may testify inside a room but the child must be visible and can be heard through the medium of facilities appropriate for the purpose such as a mirror QUESTION: May the witness testify wearing masks to preserve his identity? To be examined under oath or affirmation   a). To answer questions as may be asked by the proponent, the opponent and by the court   (i). Oath: an outward pledge by the witness that his testimony is made under an immediate sense of responsibility to a Supreme Being. An appeal is made to the almighty that he will tell the truth.   (ii.) Affirmation: a solemn and formal declaration that the witness will be truthful   iii). The purpose of an oath or affirmation are : (i) to affect the conscience of the witness and compel him to speak the truth and (ii) to lay him open to punishment for perjury. But it is not essential that he knows what or how he will punished. iv). If the opponent believes the witness is not aware of his obligation and responsibility to tell the truth and consequences of telling a lie, the party may ask for leave to conduct a VOIRE DIRE examination ( PP. vs. Alma Bisda, July 17, 2003)   v). Effect of lack of oath: If the opponent fails to object then the testimony may be given weight as the party would be estopped or, the party may move to disallow the witness from testifying, or move to strike the testimony after he found the lack of oath. The proponent however may ask that the witness be placed under oath. . . The form of testimony must be :   a). Oral answers to questions unless (i) the question calls for a different form of answer such as by bodily movements or demonstrable actions, (ii) or the witness is a deaf mute (iii) in case of a child witness   b) Not in a narrative (i) in order to prevent the witness from testifying and narrating facts which are irrelevant and thus he will testify straight to the point in issue, as well as (ii) to give the opponent an opportunity to raise an objection. Sec. 2. The Proceedings must be recorded.    Courts of the Philippines are courts of record. Anything not recorded is deemed not to have transpired or taken-up and will not be considered in the resolution of the case. The matter to be recorded include:   a). Questions by the proponent, opponent and the court, which are propounded to the witness   b). The answers of the witness to the questions   c). Manifestations, arguments, and statements of counsel   d). Statements of the court to the counsel   e). Instructions or statements of the court to the court personnel   f). Demonstrable actions, movements, gestures or observations asked to be described and recorded   g). Observations during the conduct of ocular inspections Matters not recorded:   Off-the-records statements   Statements which were ordered or requested to be stricken from the record such as those which are improper, irrelevant or objectionable. Example: hearsay direct testimony Sec. 3. Rights and Obligations of Witnesses   The obligation of a witness is to answers all questions which are asked of him. He cannot choose which questions to answer and to answering others.   The witness however has the right to be protected against tactics from the opponent which are intended to “brow beat, badger, insult, intimidate, or harass him”.   He has the right not to be detained longer that is necessary.   He may refuse to answer the following questions:   a). Those which are not pertinent to the issue   b). Those which are self-incriminatory except in the following cases:   (i) where the accused is testifying as a witness in his own behalf, as to questions relating only to the offense upon which he is testifying   (ii) where the witness was granted immunity from prosecution as when he is under the Witness Protection Program or was discharged to be used a s a state witness, or he is a government witness in Anti-Graft Cases.   c). Those which are self-degrading, unless it is to discredit the witness by impeaching his moral character       EXAMINATION OF A WITNESS    A. INTRODUCTION: Meaning of terms:   1. “Examination” –  to find out facts from the witness or to test his memory, truthfulness or credibility by directing him to answer appropriate questions. 2. Proponent - the party who owns or who called the witness to testify in his favor. Opponent- the party against whom the witness was called.   3. Friendly Witness- one who is expected to give testimony favorable to the party who called for him. Hostile Witness, one whose testimony is not favorable to the cause of the party who called him as a witness. Party witness and accused-witness refer to the plaintiff, defendant or the accused, testifying as witness for themselves, as opposed to ordinary witnesses   B. ORDER OF EXAMINATION   Direct examination by the proponent   Cross-examination by the opponent   Re-direct examination by the proponent   Re-cross examination by the opponent   C. ORDER OF PRESENTATION OF EVIDENCE   Presentation of Evidence in Chief by the Plaintiff    Presentation of Evidence in Chief by the Defendant   Presentation of Rebuttal Evidence by the Plaintiff    Presentation of Sur rebuttal Evidence by the Defendant   Section 5. Direct Examination. Direct examination is the examination-in-chief of a witness by the party presenting him on the facts relevant to the issue.    A. Procedural Requirement  
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