Offer and Objection (RULE 132) | EVIDENCE

Below is a comprehensive discussion of “Offer of Evidence” and “Objection” under Rule 132 of the Philippine Rules on Evidence (as amended), along with pertinent principles, procedure, and relevant jurisprudence. This topic is central in trial practice because it governs how evidence is formally introduced (“offered”) in court and how the opposing party may properly challenge (“object to”) such evidence.

I. OVERVIEW AND IMPORTANCE

  1. Definition and Purpose

    • Offer of Evidence is the formal submission of evidence for the court’s consideration. A party must inform the court of what specific evidence it seeks to introduce and the specific purpose(s) for which it is offered.
    • Objection is the act of challenging the admissibility or propriety of a piece of evidence or a question asked of a witness. It is grounded on the Rules of Evidence (e.g., irrelevance, immateriality, incompetence, violation of the best evidence rule, hearsay, leading, misleading, etc.).

  2. Fundamental Principle

    • The court shall not consider any evidence that has not been formally offered. (Rule 132, Sec. 34)
    • This underscores the strictness of Philippine courts in ensuring that only properly offered evidence is weighed.

  3. Role in Due Process

    • By compelling parties to formally offer evidence and articulate the purpose of such evidence, the Rules ensure that the opposing party has the chance to object and that the court can decide on admissibility.
    • It prevents trial by “ambush” or the smuggling of unoffered evidence into the record.

II. OFFER OF EVIDENCE

A. When to Make the Offer

  1. Section 35, Rule 132 (As Amended)

    • Testimonial Evidence: The offer of the testimony of a witness must be made at the time the witness is called to the stand. The proponent typically states, “We offer the testimony of Witness X to prove [state purposes].”
    • Documentary/Object Evidence: The offer must be made after the presentation of a party’s last witness. The proponent formally moves for the admission of each piece of documentary or object evidence, specifying the exhibit number or label and its intended purpose(s).

  2. Flexibility and Court Discretion

    • Courts generally require strict compliance. However, in certain instances—and for compelling reasons—courts may allow a late formal offer to serve the ends of justice. (See Torres v. People, G.R. No. 129277)

  3. Consequences of Failure to Formally Offer

    • General Rule: Evidence not formally offered is excluded and cannot be considered by the court in its decision.
    • Exceptions (Jurisprudential): There are rare instances where evidence may be deemed admitted despite the absence of a formal offer, e.g., if it forms part of the records, was duly identified by testimony, and was subject to cross-examination. (People v. Mate, G.R. No. 88710; Cultura v. CA, G.R. No. 107097). However, these exceptions are narrowly applied.

B. Contents of the Formal Offer

  1. Exhibit Number/Label

    • Each document or object should be marked with an exhibit number (for example, “Exhibit A,” “Exhibit B,” etc.).
    • Sub-markings are also used for attachments or subdivisions (e.g., “Exhibit A-1,” “Exhibit A-2”).

  2. Brief Description of the Evidence

    • The proponent should provide enough detail to identify the document or object clearly for the record (e.g., title, date, nature).

  3. Specific Purpose(s) for Each Exhibit

    • The proponent must state with particularity whether the evidence is offered to prove, for example:
      • The existence of a fact in issue (e.g., ownership, contract existence, etc.).
      • The credibility of a witness.
      • An element of the crime or cause of action.
      • Other relevant matters (e.g., impeachment, notice, good faith, authenticity, or chain of custody).

III. OBJECTION

A. When and How to Object

  1. Section 36, Rule 132 (As Amended)

    • Oral Testimony
      • Objection to a Question: Must be made immediately after the question is asked and before the witness answers, if the ground is apparent at that point.
      • If the witness has already answered before the objection, the remedy is typically a motion to strike.
    • Documentary or Object Evidence: Objection must be made after the formal offer of such evidence. The court usually allows the adverse party to file written comments/objections, or it may receive them orally in open court.

  2. Specific Grounds Required

    • A party must specify the ground or grounds for the objection. General objections (“I object!”) are discouraged; specificity is necessary (e.g., hearsay, best evidence rule, incompetent, irrelevant, or immaterial).
    • Grounds not raised at the appropriate time are deemed waived.

  3. Continuing Objection

    • Some courts allow a continuing objection on a particular line of questioning or a specific document to avoid repetitive objections. However, a continuing objection must be clearly made on the record, and the court must allow it.

B. Ruling on Objections

  1. Prompt Ruling

    • The trial court should promptly rule on objections. It may either sustain the objection (exclude the evidence) or overrule it (admit the evidence).

  2. Effect of Sustaining the Objection

    • The evidence is excluded. If it is testimonial, the witness is prevented from answering. If already answered, the answer may be stricken off the record upon motion.

  3. Effect of Overruling the Objection

    • The evidence is admitted into the record. The objecting party may raise the alleged error on appeal if it believes the ruling is erroneous.

IV. TENDER OF EXCLUDED EVIDENCE

  1. Section 37, Rule 132

    • If the court excludes evidence, the offering party may make an offer of proof (sometimes called an “avowal” or “tender of excluded evidence”).
    • Purpose: To preserve the evidence on the record for appellate review. The appellate court can then determine whether the exclusion was erroneous.
    • Form:
      • Documentary/Object Evidence: The actual document or object is attached to the record (if feasible) or its description is entered into the record.
      • Testimonial Evidence: The proponent states, for the record, the substance or summary of the proposed testimony.

  2. Importance on Appeal

    • Without a proper offer of proof, an appellate court often has no basis to review the propriety of the exclusion of evidence.

V. PRACTICAL GUIDELINES AND STRATEGIES

  1. Plan Your Evidence Presentation

    • Before trial, organize all evidence to be introduced. Mark them ahead of time. Know your witness order and the proposed testimony for each.

  2. Specify Purposes Clearly

    • During the formal offer, do not merely say “to prove the allegations in our complaint.” Identify each exhibit and state precisely whether it proves ownership, authenticity, chain of custody, good faith, etc.

  3. Object Timely and Specifically

    • Failing to object when required results in waiver. Overly broad or vague objections are less likely to be sustained on appeal.

  4. Consider a Motion to Strike

    • If you miss the timing on an objection (e.g., the witness answers first), immediately request that the answer be stricken from the record if the ground for inadmissibility remains.

  5. Document your Objections and the Court’s Rulings

    • Make sure the transcript or record reflects each objection and the judge’s ruling, whether sustaining or overruling.

  6. Tender of Excluded Evidence

    • Always tender excluded evidence to protect your record for appeal. Spell out in detail what the excluded evidence would have shown.

  7. Coordinate with Opposing Counsel

    • Sometimes, by stipulation, certain documents can be admitted into evidence without objection, expediting the trial.

VI. RELEVANT JURISPRUDENCE

  1. Heirs of Pedro Pasag v. Parocha (G.R. No. 178518, 2009)
    • Reiterated that courts cannot consider exhibits not formally offered.
  2. Torres v. People (G.R. No. 129277)
    • Emphasized the importance of proper and timely formal offer of documentary and object evidence; recognized that belated formal offers may sometimes be admitted in the interest of substantial justice, but only under exceptional circumstances.
  3. People v. Mate (G.R. No. 88710)
    • Recognized narrow exceptions to the rule on formal offer, stressing, however, that these are seldom applicable.
  4. Cultura v. Court of Appeals (G.R. No. 107097)
    • Clarified that evidence identified and testified to but not formally offered may occasionally be admitted if no objection was raised, and if it was subject to cross-examination.

VII. CONCLUSION

The process of offering evidence and objecting to evidence under Rule 132 is a linchpin of fair trial procedure in Philippine courts. The formal offer ensures clarity about what evidence is being introduced and the purpose it serves; timely objections protect the adverse party’s rights and the integrity of the trial. Mastery of these rules—knowing exactly when and how to offer evidence, articulate its purpose, object to inadmissible matters, and handle excluded evidence through tender—is essential to effective litigation.

When done properly, offer and objection sharpen the factual and legal issues, help avoid unfair surprise, and create a clear record for appellate review. Every litigator should meticulously prepare for the offer of evidence phase and anticipate the possible objections, as both can decisively impact the outcome of a case.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

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