hello welcome again to evidence now we are through with the presentation of witnesses and authentication and proof of documents under rule 132 now let us proceed to the last part the offer and objection so by the way this offer and objection is not much or the the provisions here does not much apply to ask criminologists okay so it's more of or the application of the provisions here under offer and objection is more of use to the prosecutor or the defense counselor the defense lawyer or in general the lawyers who are handling the case okay it's not more of the investigator or the criminologist because the investigator or criminologist act merely as witnesses for the for example the prosecution okay so young young prosecutor under this offer and objection okay so let's proceed to section 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 specified okay so this offer of evidence is the the the second i mean the second part of of or the second part of the process before the the evidence is admitted by the court okay so [Music] section 34 is that if indeed offer an evidence indicated or hindisha it could consider them court in deciding the case okay so that aside so meaning aside from the presentation of the evidence so um again the purpose for which the evidence is offered must be specified so that thou is specified yo purpose the purpose for which if the purpose for which the evidence is being presented or offered it was not specified during that the offer the formal offer of the evidence then if the evidence will not be considered for that purpose okay that that you want okay so under or as ruled in by the supreme court in spouse's ragudo versus familia state tennants 466 crown 136 the court shall consider the evidence solely for the purpose for which it is offered not for any other purpose or in that sense only will the court consider the evidence not for other purpose not specified during the formal offer okay so when to make the offer under section 35 all evidence must be offered orally so this paragraph one is telling us how to offer the evidence so it must be made through speaking okay orally not retail okay not through text or something it must be offered orally okay so the offer of testimony of a witness and evidence must be made at the time the witness is called to testify okay so before meaning before examining the the witness there must be an offer made of testimony of the witness the court will instruct the for example the prosecutor to call in his witness okay and then the prosecutor will call the witness for example um the prosecutor your honor i am calling to the witness 10 witness or mr juan de la cruz okay so juan de la cruz will now go to the witness stand and then juan de la cruz will now be be made under oath okay so [Music] the witness will now be asked if or will now make an oath to tell the truth and nothing but the truth and then after that after swearing the witness [Music] that is the time when the prosecutor will now offer the testimony of the witness okay so sabrina prosecutor your honor prosecution is offering the testimony of the witness who won the la cruz for the following purpose or to prove that blah blah blah okay to prove that the accused murdered the victim and then or they accused grab the house of the victim so banyan offer of the testimony of hernia and then like specify a purpose for the testimony of the witness okay so that's how you offer and then after that after offering the prosecution will now proceed to examine the the prosecutor will not proceed to examine the witness so my question a young prosecutor so gangnam offered non-testimony of a witness now for documentary and object evidence demand the offer shall be made after the presentation of a party's testimonial evidence [Music] witnesses examination and witnesses offer documentary and object evidence [Music] examination of witness the prosecutor will now say your honor we are offering the murder the knife used to the killing of the victim as mark as exhibit a you know for the purpose of proving that such murder weapon or such knife was um was [Music] used to kill the victim so when offering a young knife then state the purpose of the evidence but it is made okay remember it is made after the presentation of the parties testimonial evidence okay so if we have an offer of course we also have an objection okay so the objection it is provided here in section 36 objection to offer evidence must be made orally immediately after the offer is made so that is a general rule on when to make an objection okay according to the first paragraph of section 36 it must be made immediately after the offer is made if you think or you realize that the evidence being offered is not admissible so go back um rule 130 rules about visibility nothing so if you think that the the the evidence being offered is not admissible for example because the for example the documentary evidence is not the original okay it's not the original then you can object you can make the objection to the documentary evidence being offered for being for being prohibited under the original document rule right okay so that is when to make as a general rule the objection must be made after the immediately after the offer is made objection to the testimony of a witness for lack of formal offer must be made as soon as the witness begins to testify so if the prosecutor or the defense lawyer forgets to formally offer the the [Music] testimony of the witness then an objection must be made that no formal offer was made for the testimony of the witness okay so objection to a question propounded in the course of the oral examination of a witness must be made as soon as the grounds therefore become reasonably apparent okay so object question on the questions made by the exa the examining lawyer or the examining prosecutor okay if if you can if you realize that the questions being compounded will call for an answer which is not admissible because for example the answer will be here say if you think that the answer to the question being compounded will be here say statement then you can you can make the objection okay remember the question before it is saying here impliedly under the second paragraph of this section it is impliedly impliedly saying that the objection must be made before the ants immediately after the question is propounded and it is seen or it becomes apparent that the question calls for an answer that is not admissible okay so it must be made before the answer meaning then the the objection must be made before the answer is given by the witness okay so the grounds for the objection must be specified these are the grounds specified object objection object so if you will not specify your ground for the objection then the objection shall necessarily be overruled mission and the otherwise inadmissible evidence will become admissible okay so it's important take note that if the objection is not made when the objectionable evidence becomes is apparent and the objection is not made then the objection is the wave okay so object case incompetent or inadmissible evidence but if you do not make the objection then the otherwise inadmissible evidence becomes admissible okay prediction okay so that is why it is really important to make the objection okay so section 37 with repetition of the objection and necessary 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 be necessary to it shall not be necessary to repeat the objection it being sufficient for the adverse party to record his or her continuing objection to the to such class of questions so invited up under section 37 [Music] objections more before okay so if the same objection move to the other question being compounded by the opposing council then [Music] it is not necessary to repeat the objection but okay provided that um you have made it to record okay to record that you will be objecting to the same kind of question or the same class of questions okay so for example um here you say your question is in the direct examination your question opposing lawyer is leading examination remember a leading question is not allowed during the direct examination now if the during the direct examination the question is leading you can object to it and then you can say to the court that your objective you you will object to the same class of questions if the opposing party still makes a living question during the direct examination okay so in that in that in that way objection so that is section 37 let's proceed to section 38 ruling okay 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 but the ruling shall always be made during trial in that and at such time as will gave the party against whom it is made an opportunity to meet the situation presented by the ruling so and the general rule here is that yung judge must give its ruling to the objection made whether to overrule or to sustain the objection okay by the way if you say overrule though the objection is on the rule it means that the judge do not agree with the objection okay so admissible evidence it means not the judge is of the opinion that the question being propounded is proper or the evidence being offered is admissible so the rule young objection now if we say sustain the objection is to stay it means that the judge agrees with the objection so the question will not be allowed or the evidence will not be admitted okay so according to section 38 the judge report must immediately give a ruling to the objection made however if there are um there are really there would be cases really that the objection or the issue sits surrounding the objection is difficult judge your objection so in that case the judge may take a reasonable time to inform itself whether to overrule or to sustain the objection um the ruling to the objection rather must be made during the trial so that in that case the the party who made the objection or the party against the objection was granted or sustained can prepare okay can prepare to this situation presented or to the consequences of the ruling so that is section 38 now the reason for sustaining this is the second paragraph the reason for sustaining or overruling an objection need not be stated however if the objection is based on two or more grounds a ruling sustaining the objection on one or some of them must specify the ground or grounds relied upon okay so it is just seeing that the judge is not obligated or has no obligation to to say the ground for overruling or sustaining the objection of but it is saying here that if there are for example two grounds raised or two reasons for the objection okay if the object young young lawyer to the opposing party's evidence and dalaway young ground na prenation for the objection then [Music] the judge must specify okay that if you is sinustain [Music] okay section 39 striking out of an answer should a witness answer the question before the adverse party had opportunity to voice its objection to the same or where a question is not objectionable but the answer is not responsive or where a witness testifies without a question being posed or testifies beyond limits set by the court or when the witness does a reason instead of answering the question and such objection is found to be meritorious the court shall sustain the objection in order such answer testimony or narration be stricken of the record as we have discussed in objection in objection in objecting a question it the objection must be made before the answer is before the witness answers the question okay however there are cert section 39 gives us the the exceptions to the general rule in which the objection can be made even after the witness has already made or has answered the objectionable question okay so it's provided by here so let's dissect section 39. instances is a witness answer the question answers the question before the adverse party had the opportunity to voice fully its objection to the same okay so um situation this situation contemplates uh a situation where the witness immediately answers the question and and okay uh before the opposing lawyer raised his or her objection to the question okay so in that case if if the objection is reasonable or is proper then the answer of the witness can be stricken off from the record another situation is where a question is not objectionable but the answer is not responsive okay so in this case of course the the opposing party or the opposing lawyer cannot object to the question because the question is not objectionable however the answer of the witness is not responsive to the question being propounded to him or her so in that case even if the objection is only made after the answer was given because the question was not objectionable then the answer can be stricken of the record for not being responsive another situation is where a witness testifies within a question being posed or testifies beyond the limits set by the court so of course the the opposing council cannot make his or her objection because there is no question being propounded and questioned [Music] can be stricken off from the record another is when the witness does in a region instead of answering the question so young there must be a question and then the answer must be responsive to that question and then you witness um so in that case it can be objected to and be stricken off from the record okay so that is section 39 section 40 the last section tender of excluded evidence if 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 offerer may state further record the name and other personal circumstances of the witness in the substance of the proposed testimony so if young evidence or your objection is necessary of course excluded the young evidence so however even if it is excluded the the party presenting that um excluded evidence may attach the record and made part of the record okay so that is section 40 so that ends rule 132 the presentation of evidence so the next topic will now be rule 1 3 3 on the weight and sufficiency of evidence so that ends our video discussion for this session