Offer of Testimony and Objections under the Judicial Affidavit Rule

[This is Part 6 of 11 of the discussion on the Judicial Affidavit Rule, so read the Introduction first; See full text of A.M. No. 12-8-8-SC, approving the Judicial Affidavit Rule]

Under the Rules of Court, as regards the testimony of a witness, the offer must be made at the time the witness is called to testify (Rule 132, Sec. 34). The Rule, on the other hand, provides that party presenting the judicial affidavit of his witness in place of direct testimony shall state the purpose of such testimony at the start of the presentation of the witness. This provision, in relation to the enumerated required contents of an affidavit, means that the purpose is NOT required to be indicated in the judicial affidavit. Some judges nevertheless require that the purpose be stated in the judicial affidavit, a practice unilaterally resorted by some lawyers for convenience.

How does the opposing party make objections?

Objection to a witness may take the form of: (a) a disqualification from testifying; or (b) to a specific question raised. Under the Rules of Court, objection to a question propounded in the course of the oral examination of a witness shall be made as soon as the grounds therefor shall become reasonably apparent (Rule 132, Sec. 36). The adverse party may move to disqualify the witness or to strike out his affidavit or any of the answers found in it on ground of inadmissibility. The court shall promptly rule on the motion and, if granted, shall cause the marking of any excluded answer by placing it in brackets under the initials of an authorized court personnel, without prejudice to a tender of excluded evidence under Section 40 of Rule 132 of the Rules of Court.

Also read and discuss the following:

1. Introduction to and discussion of the Judicial Affidavit Rule

2. Effectivity and Purpose of the Judicial Affidavit Rule

3. Scope of Application of the Judicial Affidavit Rule

4. Service and filing of the Judicial Affidavit

5. Required contents of a judicial affidavit under the Judicial Affidavit Rule

6. Offer of Testimony and Objections under the Judicial Affidavit Rule

7. Documentary and Object Evidence under the Judicial Affidavit Rule

8. Cross-examination and Re-Direct Examination under the Judicial Affidavit Rule

9. Resort to subpoena under the Judicial Affidavit Rule

10. Formal offer of evidence under the Judicial Affidavit Rule

11. Effects of Non-Compliance with the Judicial Affidavit Rule

One comment

  1. {great|wonderful|interesting|nice post.
    One of the most characteristic cities that I visited in Tuscany is San Gimignano, nearFirenze. I stayed there during my last holiday in Tuscany, in a farmhouse really beautiful. There was a restaurant and a swimming pool overlooking sille towers. It’s called Farm Raccianello and both me and my girlfriend really enjoyed it.

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