Evidence Presentation: Offer and Objection

Introduction

• Focus on the last part of evidence presentation: Offer and Objection
• Not heavily applicable to criminologists but more relevant for prosecutors and defense lawyers

Offer of Evidence

Section 34

• Formal Offer: Court considers no evidence not formally offered
• Purpose Specification: Purpose for which evidence is offered must be specified
  • Supreme Court case reference: Spouse's Ragudo vs. Familia State Tenants

Section 35

• How to Offer Evidence:
  • Must be offered orally, not in writing
  • Offer of testimony when the witness is called
  • Offer of documentary and object evidence post-testimonial evidence

Objection to Evidence

Section 36

• Timing of Objection:
  • Must be made immediately after the offer
  • Grounds for objection must be clearly specified
  • If grounds are not specified, objection will be overruled and evidence becomes admissible

Section 37

• Repetition of Objection:
  • Not necessary if the objection is to the same class of questions previously objected to

Section 38

• Ruling on Objection:
  • Court must give ruling immediately unless more time is needed
  • Rulings should be made during trial to give parties time to respond

Section 39

• Striking Out of an Answer:
  • Exceptions where objections can be made post-answer:
    • Witness answers before objection can be voiced
    • Non-responsive answers
    • Testifying beyond limits set by court

Section 40

• Tender of Excluded Evidence:
  • Excluded evidence can still be attached to the record

Conclusion

• End of Rule 132 on Offer and Objection
• Next topic: Rule 133 on Weight and Sufficiency of Evidence