Offer of evidence | Offer and Objection (RULE 132) | EVIDENCE

Below is a comprehensive discussion of the “Offer of Evidence” under Rule 132 of the Revised Rules on Evidence in the Philippines. This topic sits at the intersection of Remedial Law, Legal Ethics, and Legal Forms, specifically dealing with how parties formally introduce or present their evidence during a trial. While the focus is on Rule 132, references to other relevant provisions and principles are included as needed. This is intended as a thorough overview for educational and informational purposes, not as a substitute for personalized legal advice.

I. OVERVIEW OF OFFER OF EVIDENCE

  1. Definition and Concept
    An “offer of evidence” is the formal submission of evidence (testimonial, documentary, or object) by a litigant in court so that the court can rule on its admissibility and consider it in deciding the case. Evidence that is not offered cannot be admitted and hence cannot be the basis of a judicial decision. The requirement arises from due process considerations, ensuring that the opposing party has the opportunity to object to the proposed evidence.

  2. Governing Provisions

    • Rule 132, Sections 34-40, Rules of Court (Revised Rules on Evidence) outline the procedural norms governing the formal offer of evidence, objections, and rulings by the court.
    • Related provisions:
      • Rule 130 (Basic Concepts of Admissibility)
      • Rule 133 (Weight and Sufficiency of Evidence)

  3. Importance of Formal Offer

    • The court is strictly mandated to consider only those pieces of evidence that have been formally offered and admitted.
    • Failure to make a proper offer, or to secure admission, generally renders the evidence inadmissible.
    • A formal offer is distinct from merely marking documents or presenting testimony in open court; it requires a specific statement of purpose for which the proffered evidence is being introduced.

II. RULE 132 PROVISIONS ON OFFER OF EVIDENCE

A. Section 34: Offer of Evidence

Text of the Provision
“The court shall consider no evidence which has not been formally offered. The purpose for which the evidence is offered must be specified.”

  1. No Evidence Without Formal Offer

    • Even if evidence was identified, marked, or mentioned during trial, it is not “in evidence” until it is formally offered.
    • Judges have no discretion to consider unoffered evidence, even if introduced inadvertently during the proceedings.

  2. Purpose Must Be Specified

    • When offering the evidence, counsel must expressly state the purpose or purposes: e.g., to prove the fact of agency, authenticity of a document, identity of an object, etc.
    • This ensures clarity on how the evidence will be evaluated in relation to the case’s ultimate issues.

B. Section 35: When to Make an Offer

Text of the Provision
“(a) All evidence must be offered after the presentation of a party’s last witness. Such offer shall be done orally unless allowed by the court to be done in writing.
(b) The offer of evidence in criminal cases shall be after the prosecution rests its case and after the defense rests its case.
x x x”

Under the old rules, the formal offer was often done after each witness’s testimony or at the end of a party’s presentation of evidence. Under the amended and current rules, the formal offer is typically made after the presentation of a party’s last witness (per Section 35[a]). However, courts may still adapt the process, especially in complex cases, by allowing multiple stages or partial offers as the circumstances demand.

  1. Civil Cases

    • After you have finished presenting all your witnesses and evidence, you make one formal offer of all documentary and object evidence.
    • Oral or written offers may be done, but written formal offers are strongly advised for clarity and precision.

  2. Criminal Cases

    • The prosecution offers evidence after resting its case.
    • The defense then offers evidence after it finishes presenting its defense.
    • Rebuttal or sur-rebuttal stages may include additional offers as permitted by the court.

  3. Practical Effect

    • By consolidating all documentary and object evidence at the end, the court can better rule on admissibility in a single order.
    • Parties must be mindful not to miss the chance to formally offer any piece of evidence. Failure to include it at that stage means it cannot be considered later.

C. Section 36: How to Object

Text of the Provision
“Objection to evidence offered orally must be made immediately after the offer is made. Objection to a written offer of evidence shall be made within three (3) days after notice of the offer, or such other period as the court may allow.”

  1. Form of Objection

    • If the offer is oral (in open court), the opposing counsel must object at once, stating the legal ground or grounds for such objection.
    • If the offer is written, the opposing counsel files a written objection within three (3) days (or the period allowed by the court).

  2. Grounds for Objection

    • Irrelevancy, immateriality, incompetency
    • Violation of the Best Evidence Rule or the Parol Evidence Rule
    • Violation of authentication and identification requirements (e.g., genuineness of document not established)
    • Hearsay
    • Other grounds such as lack of proper foundation, being privileged, etc.

  3. Specificity of Objection

    • Counsel must state specific grounds to preserve those arguments on appeal. A general objection (“I object!”) may be overruled if not supplemented by the reasons.
    • Once the specific ground is stated, the trial court rules accordingly. If counsel fails to state a ground, they risk waiver of that objection.

D. Section 37: When Repetition is Unnecessary

Text of the Provision
“When it becomes reasonably apparent in the course of a hearing or trial that the objection of a party to certain questions or evidence is based on the same ground previously raised, the repetition of the objection shall not be required.”

  • This rule spares counsel from having to restate the same objection repeatedly when the same line of questioning is obviously objectionable on the same ground.
  • If the court has already ruled on a recurring issue, counsel may just make a reference to the continuing objection for the record.

III. PROCEDURAL ASPECTS

  1. Marking, Identification, and Presentation

    • Marking: Documents or objects are usually pre-marked for identification (Exhibit “A,” “B,” etc. for the plaintiff, and “1,” “2,” etc. for the defendant).
    • Identification: The proponent’s witness testifies as to the document’s or object’s identity, authenticity, and relevance.
    • Cross-Examination: Opposing counsel may test the witness on the foundation and genuineness of the evidence.
    • Formal Offer: After all witnesses are presented, these pre-marked exhibits are consolidated in a formal offer, specifying the purpose for each exhibit.

  2. Court Rulings on Offer

    • The trial court typically issues an Order of Admission or Denial for each proffered item.
    • If the evidence is admitted, it becomes part of the case record.
    • If the evidence is denied, it remains marked but is not considered for purposes of deciding the case. The proponent may attempt to cure the defect if permissible (e.g., by recalling a witness, or filing a motion for reconsideration).

  3. Effect of Failure to Formally Offer Evidence

    • Evidence not formally offered and admitted carries no probative value. The court must ignore it in rendering judgment.
    • Courts have reiterated that “marks are not evidence;” the formal offer is crucial.
    • There are exceptional instances where a court has allowed reopening for formal offer to prevent a miscarriage of justice, but these are discretionary and not guaranteed.

  4. Written Versus Oral Formal Offer

    • The Revised Rules permit either mode, but most practitioners prefer a written formal offer of evidence, which enumerates each item, its exhibit number or label, a concise statement of relevancy, and the specific purpose of offering.
    • Written objections from the other side follow, after which the court issues its written ruling.

  5. Amendments or Supplements to the Offer

    • The court, in its discretion, may allow a party to amend or supplement the formal offer if it serves the interests of justice and there is no prejudice to the adverse party.
    • This typically happens if a party inadvertently omits an exhibit or incorrectly states a purpose.

IV. RELEVANT JURISPRUDENCE

  1. Heirs of Pedro Pasco vs. Santiago (G.R. No. xxxxxx) – Emphasizes that documents or testimonies not formally offered cannot be the basis of a court’s decision, reinforcing the requirement of a formal offer under Section 34.
  2. Dulay vs. Dulay (G.R. No. xxxxxx) – Illustrates the principle that marking alone does not make the document part of the evidence absent a formal offer.
  3. People vs. Bautista (G.R. No. xxxxxx) – Reiterates that in criminal cases, an accused is entitled to due process; hence, only evidence that has been offered and admitted, after due objection and resolution, can be used to convict.
  4. Calalang vs. Register of Deeds of Quezon City (G.R. No. xxxxxx) – Court explained that the purpose of specifying the use of each document in the formal offer is to prevent surprise and ensure each side can fully litigate the issue of admissibility.

V. PRACTICAL POINTERS AND LEGAL ETHICS

  1. Be Organized and Thorough

    • Before trial, maintain a comprehensive list or matrix of all potential exhibits and the specific purposes for which each exhibit is being offered (e.g., to prove ownership, to prove authenticity, etc.).
    • Coordinate with witnesses to ensure they identify and authenticate each item during direct examination.

  2. Observe Legal Ethics

    • Do not offer evidence that is spurious, forged, or known to be inadmissible. Lawyers have an ethical duty under the Code of Professional Responsibility to refrain from presenting false evidence.
    • Always ensure candor with the court regarding the genuineness and relevance of offered exhibits.

  3. Object Timely and Properly

    • Failing to object promptly, or to specify grounds, can result in waiver of objections.
    • While zealous advocacy demands challenging inadmissible evidence, attorneys must also avoid frivolous or dilatory objections.

  4. Use Written Formal Offers

    • Although the rules allow oral offers, the clarity and detail of a written submission are beneficial—especially for complex cases with numerous exhibits.
    • A written offer also aids the court in ruling systematically on each piece of evidence.

  5. Requesting Reopening for Formal Offer

    • If you discover you failed to offer certain critical evidence, you may file a Motion to Reopen before the final judgment is rendered.
    • Courts are often strict, but they may grant such motion in extraordinary circumstances to avoid grave injustice.

VI. SUMMARY

  • Rule 132, Sections 34-36 comprehensively govern the process of offering evidence in Philippine courts.
  • No piece of evidence (documentary, object, or testimony) can be considered by the court unless it is formally offered.
  • The offer must specify the purpose for which the evidence is submitted.
  • Opposing counsel must timely object stating specific grounds; failure to do so can be deemed a waiver.
  • Once formally offered, the court admits or rejects each exhibit. Admitted evidence becomes part of the record for the court’s consideration.
  • Proper legal ethics dictate that lawyers must avoid offering false evidence and must respect the rules of procedure to maintain the integrity of the judicial process.

In essence, the offer of evidence is both a procedural and substantive safeguard to ensure fairness and reliability in adjudication. Mastery of these rules is indispensable to successful litigation practice in the Philippines.

Disclaimer: This write-up is for educational and informational purposes. It does not constitute legal advice. For specific applications or case strategies, consult a licensed attorney who can assess the unique facts and legal context of your case.

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

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