Offer and Objection RULE 132

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

TENDER OF EXCLUDED EVIDENCE UNDER THE PHILIPPINE RULES OF COURT
(Rule 132, particularly under the provisions on Offer and Objection)

Below is an exhaustive discussion on Tender of Excluded Evidence, its legal basis, procedural mechanics, and practical considerations under Philippine remedial law.

I. LEGAL BASIS AND NATURE

  1. Governing Rule

    • The primary legal provision for Tender of Excluded Evidence is found in Rule 132 of the Rules of Court, particularly Section 40 or 41 (depending on the numbering prior to or after certain amendments). The rule specifies the procedure by which a party can make a “tender of excluded evidence” (also known as an “offer of proof”).

  2. Purpose

    • The rule ensures that if a trial court excludes evidence—whether testimonial or documentary—the proponent of such evidence can still preserve that evidence on the record.
    • This preservation is crucial if the proponent later appeals the case, because the appellate court will not ordinarily consider excluded evidence unless it appears on the record. By formally putting it on record (though excluded), the appellate court can review and determine if the lower court erred in its exclusion.

  3. Definition

    • Tender of Excluded Evidence (or Offer of Proof) is a procedural mechanism wherein the party whose evidence has been disallowed by the court makes a formal offer, accompanied by a short statement or explanation of what the excluded evidence would have shown had it been admitted, and/or appends the excluded documentary or object evidence to the record.

II. WHEN TO MAKE THE TENDER

  1. Timing

    • A tender of excluded evidence is typically made immediately after the court rules against the admissibility of the proffered evidence.
    • It is best practice to do so right away, to avoid any gaps in the record. If it is not feasible to do it right at the moment of exclusion, the party must request an opportunity from the court to make the tender at the soonest possible time (e.g., at the end of the hearing day).

  2. Necessity of Promptness

    • Delay or failure to make a tender of excluded evidence can result in waiver of the right to have that evidence considered on appeal.
    • Appellate courts typically will not consider arguments regarding the erroneous exclusion of evidence unless there is a proper offer of proof in the record.

III. FORM AND CONTENTS OF THE TENDER

  1. Oral Offer vs. Written Offer

    • The Rules generally allow an oral offer of evidence in open court, except when the court directs otherwise or in special proceedings where the court might require a written manifestation.
    • For excluded evidence, the proponent can make an oral manifestation on the record, stating what the evidence is and what it is intended to prove.
    • A written tender may also be done, especially for documentary or object evidence, to ensure clarity and precision.

  2. Specificity of the Offer

    • The tender must describe the evidence being offered and state the purpose for which it is offered. For instance:
      • If the excluded evidence is testimonial, the proponent must summarize or specify the questions to be asked and what answers are expected to be elicited.
      • If the evidence is documentary or object evidence, the proponent must submit the actual document or object (or its copy, if appropriate) as part of the tender and state what the document or object proves.

  3. Short Statement or Argument

    • Typically, the proponent should include a concise argument supporting the admissibility or relevance of the evidence (i.e., why the court erred in excluding it). While the trial judge may not reverse the ruling immediately, this provides the higher court a succinct reasoning behind the proponent’s stance.

IV. PROCEDURE FOR TENDERING EXCLUDED EVIDENCE

  1. Offer

    • The proponent offers the evidence for the record and states its nature, purpose, and relevance.

  2. Marking of the Evidence (If Documentary or Object)

    • If documentary, the proponent usually has it pre-marked during the pre-trial or during the presentation of evidence. Even if excluded, it must still be properly marked and identified.
    • The court stenographer or clerk should be directed to attach or annex the excluded evidence to the record for clarity.

  3. Dictation into the Record (If Testimonial)

    • If it is testimony that was excluded, counsel may request the court that the excluded questions and the expected answers be dictated into the transcript (or an offer of proof in writing may be submitted).
    • This allows the appellate court to see precisely what testimony was offered and excluded, preserving the substance of that testimony for review.

  4. Ruling

    • The trial court typically maintains the exclusion but the proponent’s tender and arguments form part of the record. The court’s ruling stands unless reversed upon motion for reconsideration or on appeal.

V. EFFECT OF FAILURE TO TENDER

  1. Waiver of Objection

    • If a party fails to make a proper tender or offer of proof, they effectively lose the right to question the exclusion of that evidence on appeal. The appellate court will consider the issue as waived, because there is no basis in the record to evaluate whether the exclusion was proper or prejudicial.

  2. Protecting the Right to Appeal

    • Therefore, from a litigation strategy standpoint, a timely tender of excluded evidence is vital. It is a hallmark of effective representation to ensure the record is complete for potential appellate review.

VI. JURISPRUDENTIAL GUIDANCE

  1. Supreme Court Rulings on Tender

    • The Philippine Supreme Court has repeatedly emphasized that a trial court’s ruling excluding evidence is not automatically reversible error. The appellant must show both:
      1. The nature and purpose of the evidence, and
      2. How the exclusion of that evidence caused prejudice to the proponent’s case.
    • Without a proper tender of excluded evidence, it is nearly impossible to prove on appeal that the exclusion was prejudicial.

  2. Illustrative Cases

    • Reman Corp. v. Court of Appeals, G.R. No. ____ (example placeholder). Some decisions highlight that an offer of proof is a must. The Supreme Court often cites the principle that “an appellate court will not consider an excluded document or testimony unless it appears in the record by an offer of proof.”
    • Although no single Supreme Court case exhaustively covers every nuance on tender of excluded evidence, the principle is well established in multiple rulings dealing with evidentiary challenges on appeal.

VII. BEST PRACTICES AND TIPS

  1. Prepare in Advance

    • Anticipate possible objections by the opposing party or the court. Have your justification for admissibility ready in written form, so if exclusion happens, you can quickly read it into the record or attach it.

  2. Be Thorough Yet Concise

    • When making the tender, provide all relevant details (exhibit numbers, references, nature of the document) but do not ramble. Concision aids clarity and helps appellate courts easily see the issue.

  3. Coordinate with the Court Stenographer

    • If testifying, it is helpful to instruct the stenographer on ensuring that your tender (and the proposed answers) are accurately taken down. Provide a copy of your questions, if possible, so the record remains precise.

  4. Written “Offer of Proof”

    • If the hearing is extended or the presiding judge requests it, be prepared to submit a short, written “Offer of Proof” that restates the purpose of the evidence, its relevance, materiality, and the prejudicial effect of its exclusion.

  5. Maintain a Civil Demeanor

    • Even if you believe the exclusion is erroneous, remain respectful and professional. The manner of objecting or tendering can affect how the court perceives your advocacy and might influence future rulings.

VIII. SPECIAL CONSIDERATIONS UNDER RECENT RULES

  1. 2019 Amendments to the Rules of Civil Procedure

    • While the Rules on Evidence were also amended (the 2019 Amendments to the Rules on Evidence), the general principle and methodology for tender of excluded evidence remained consistent with prior practice. The amendments clarified certain aspects of marking evidence and timeframes for formal offers, but the concept of preserving excluded evidence for appellate review remains the same.

  2. Electronic Evidence

    • In the case of electronic documents or electronically stored information, you must likewise ensure they are offered following the applicable rules (e.g., the Rules on Electronic Evidence). If excluded, a summary or printout should be appended to the record in your tender.

  3. Relevance for Criminal Cases

    • Although generally discussed in the context of civil proceedings, the mechanism of tender of excluded evidence applies analogously to criminal trials as well. Both the defense and prosecution must keep the record complete if they intend to challenge the exclusion of evidence on appeal.

IX. CONCLUSION

Tender of Excluded Evidence is an indispensable procedural safeguard under Philippine remedial law. It serves as the mechanism by which counsel preserves for the appellate court’s scrutiny any piece of evidence that has been disallowed by the trial court. Without a proper tender or offer of proof, an appellate challenge to the exclusion of evidence generally fails, as the excluded item or testimony remains unverified in the record.

Given its importance, every litigator should master the timing, form, and substance of a tender of excluded evidence. Properly implementing this procedure will ensure that meritorious evidence—initially set aside by the trial court—can be reconsidered at the appellate level if an appeal becomes necessary.

Key Takeaways:

  1. Always make a prompt tender immediately upon exclusion.
  2. Clearly state or summarize what the evidence is and the purpose for which it was offered.
  3. Attach or mark documentary/physical evidence, and dictate the proposed testimony into the record if it is oral.
  4. Failure to make a tender generally waives any objection to the exclusion.
  5. Maintain clarity, precision, and respect when making your tender—both for the trial court’s understanding and for a clear appellate record.

This procedure, though seemingly technical, is one of the bedrocks of ensuring fairness and completeness in judicial proceedings, safeguarding a litigant’s right to a thorough appellate review of evidentiary rulings.

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

Objection | Offer and Objection (RULE 132) | EVIDENCE

Below is a detailed discussion of “Objection” under Philippine law, particularly under Rule 132 of the Rules of Court (on the Presentation of Evidence). This includes the relevant provisions, guiding principles, procedural requirements, and pertinent jurisprudence. While we refer to the latest amendments to the Rules of Court (including the 2019 Amendments to the 1989 Revised Rules on Evidence), the core principles governing objections remain largely the same.

I. Legal Basis and Overview

  1. Source of Rules

    • The rules on objections in Philippine courts primarily stem from Rule 132 of the Rules of Court, specifically the sections on how evidence is offered, how objections are made, and how the court rules upon them.

  2. Purpose and Function of Objections

    • An objection serves to call the attention of the court to the introduction of evidence that is inadmissible, irrelevant, immaterial, incompetent, or otherwise improper under the Rules.
    • It ensures that the court does not consider or admit evidence that does not meet the established rules on admissibility.
    • Prompt and proper objections protect parties from prejudice that may arise if inadmissible or improper evidence is allowed to enter the record.

  3. General Principle

    • If no timely and proper objection is raised, the questionable evidence is typically deemed admitted and may be considered by the court in deciding the case, unless the rules allow the court to disregard it motu proprio (on its own initiative) under certain grounds (e.g., evidence that is absolutely inadmissible like unlawfully obtained confessions, or evidence in violation of a constitutional right).

II. Key Provisions Under Rule 132

  1. Section 36 (Objection)

    • “Objection to evidence offered orally must be made immediately after the offer is made. Objection to a question propounded in the course of the oral examination of a witness shall be made as soon as the ground therefor becomes reasonably apparent.”
    • This is the central provision that emphasizes the timely manner in which objections must be raised.

  2. Section 34 (Offer of Evidence)

    • Although directed toward the offer of evidence, it has a bearing on objections because it provides that evidence not formally offered is not to be considered by the court.
    • At the same time, any objection to the admission of evidence must be presented when the offer is made, or when the ground for objection becomes apparent (for instance, in a question-and-answer situation during direct or cross-examination).

  3. Section 37 (Ruling)

    • This provision requires the court to rule promptly on objections to evidence. A ruling must be stated either immediately or later, provided it does not prejudice the parties in presenting further evidence.

  4. Section 38 (Striking out an answer)

    • If a question is proper but the answer is improper or not responsive, an objection may be raised to strike out the improper answer.

  5. Section 39 (Tender of Excluded Evidence)

    • If the objection is sustained, the proponent may still make a tender of excluded evidence (also called an “offer of proof”) for purposes of preserving it for review in case of appeal. The tender can be made orally or in writing, depending on the circumstances.

III. When and How to Object

  1. Timeliness

    • Objection must be made at the earliest opportunity—as soon as the ground for the objection becomes evident.
    • If you object too late (e.g., after the witness has already answered the question, or after you have already allowed the exhibit to be marked and discussed without objection), the court may consider the objection waived.

  2. Form of Objection

    • Typically, an oral objection is made in open court at the moment the objectionable evidence is offered or the question is asked.
    • A written objection may also arise in the context of documentary or object evidence at the time it is formally offered for admission.

  3. Stating the Grounds for Objection

    • The grounds for objection must be specific and clearly stated. “Objection, your Honor,” without stating the basis, is generally insufficient; the court may ask for clarification.
    • Common grounds include:
      • Hearsay
      • Irrelevancy (evidence not related to any fact in issue)
      • Incompetency (evidence from an incompetent witness, or incompetent due to privileged communication, etc.)
      • Violation of Best Evidence Rule
      • Leading Question (on direct examination)
      • Speculative or Conjectural
      • Repetitive or Asked and Answered
      • Misleading
      • Calls for Opinion/Testimony by Non-Expert
      • Calls for a Legal Conclusion
      • Prejudicial, Confusing, or Cumulative evidence

IV. Grounds for Objection (Detailed)

  1. Hearsay

    • An out-of-court statement offered to prove the truth of the matter asserted, with certain exceptions (e.g., declaration against interest, dying declaration, business entries, etc.).
    • If the statement does not fit any recognized exception, it is inadmissible, and an objection should be raised immediately.

  2. Irrelevancy or Immateriality

    • Evidence that does not relate to a fact in issue or does not make a fact in issue more or less probable may be deemed irrelevant.

  3. Incompetency of Witness or Evidence

    • Certain witnesses or certain types of evidence may be deemed incompetent by law (e.g., privileged communication, disqualified witnesses under the Rules).

  4. Best Evidence Rule Violations

    • When the content of a document is in dispute, the original document is generally required, unless an exception applies (e.g., the original is lost or destroyed without bad faith).

  5. Leading Questions

    • A question that suggests an answer is generally not allowed during direct examination, except for preliminary matters or for certain categories of witnesses (e.g., a child witness, or a hostile/adverse witness).

  6. Speculative or Conjectural Questions

    • Questions that ask the witness to guess, speculate, or form a conjecture on facts outside his or her personal knowledge are objectionable.

  7. Misleading, Repetitive, or Asked and Answered

    • The court discourages needless repetition, or questions that may confuse the witness and the court.

  8. Opinion/Conclusion

    • Non-expert witnesses are generally confined to testifying about facts, not opinions. Experts, however, may state their opinions on matters within their specialized field.

  9. Privilege

    • Attorney-client privilege, spousal privilege, physician-patient privilege, and other privileged communications are protected. Any question infringing such privilege is objectionable.

V. Effect of Failure to Object

  1. Waiver

    • As a general rule, the failure to timely object to inadmissible evidence amounts to a waiver of the objection. The evidence then forms part of the records and may be considered by the court in its decision.

  2. Exceptions

    • The Supreme Court has recognized certain exceptions where the court may motu proprio exclude evidence even without an objection, particularly if the evidence offered is blatantly violative of due process, is patently illegal, or is absolutely inadmissible by reason of a constitutional or statutory prohibition (e.g., coerced confessions, or evidence obtained in violation of the right to privacy).

VI. Ruling of the Court on Objections

  1. Prompt Ruling

    • Section 37 of Rule 132 mandates that the trial court shall rule on the objection “immediately” or “at the earliest practicable time.”
    • When the court defers ruling, it should not prejudice the parties or hamper them from making subsequent offers of evidence.

  2. Consequences

    • Sustained Objection: The evidence is disallowed or excluded.
    • Overruled Objection: The evidence is admitted and forms part of the record.

  3. Requesting the Court to Strike Out

    • Even if the question is proper but the witness’s answer is inadmissible, counsel must move to strike out that portion of the testimony if it does not conform to the rules of evidence.

VII. Continuing Objection

  1. Concept

    • A “continuing objection” is sometimes recognized by courts where an entire line of questioning or a particular piece of evidence (like a voluminous document) is objected to on the same ground.
    • The purpose is to avoid the need to object repeatedly to each question in the same line of questioning or to each portion of a document.
    • However, whether to allow a continuing objection is generally within the discretion of the trial court.

  2. Practical Consideration

    • If a continuing objection is granted, counsel should still be vigilant in monitoring the questions, as certain aspects of the line of questioning might open new and different grounds for objection.

VIII. Tender of Excluded Evidence

  1. Definition
    • Tender of excluded evidence (sometimes called an “offer of proof”) is a device whereby counsel places on record what the excluded evidence would have shown, had it been admitted.
  2. Purpose
    • Preserves the issue for appellate review by showing the appellate court the nature and substance of the excluded evidence.
    • Without a proper tender of excluded evidence, an appellate court has no basis to determine if the exclusion was prejudicial or constituted reversible error.
  3. Methods
    • Oral Offer: If the evidence was excluded during witness examination, counsel can summarize for the record what the witness would have testified.
    • Written Offer: Counsel may submit a written statement or document indicating the content, significance, and relevance of the excluded evidence.

IX. Objections Specific to Documentary and Object Evidence

  1. At the Time of Identification and Marking
    • While typically the formal objection to a document is reserved until the formal offer of evidence (usually after the presentation of all witnesses), counsel may raise preliminary objections (e.g., authenticity, best evidence rule, existence of spoliation).
  2. At the Time of the Formal Offer
    • After the party rests its case, it makes a formal offer of exhibits (documentary and object evidence). This is the critical stage for counsel to lodge their objections, specifying the ground for each document or object.

X. Common Pitfalls and Best Practices

  1. Failure to State Specific Grounds
    • A general objection without a specific ground is often overruled, or the court may treat it as waived.
  2. Late Objection
    • Objecting only after the witness has answered is generally too late, except where the answer itself reveals a new and previously unavailable ground for objection.
  3. Mixing Up Relevancy and Competency
    • Ensure the ground you invoke matches the nature of the defect you perceive in the evidence.
  4. Protracted Arguments
    • Counsel should avoid lengthy arguments on objections in open court, unless requested by the judge. State the ground succinctly; if the court requests, elaborate briefly or ask for leave to file a short written motion if the issue is complex.

XI. Notable Jurisprudence

  1. Heirs of Pedro Pasag vs. Spouses Parocha, G.R. No. 165644 (2007)

    • Emphasizes the importance of timely objections and how failure to object during trial precludes a party from raising the same issue on appeal.

  2. People vs. Cabural, G.R. No. 241447 (2021)

    • Highlights that an objection on the ground of hearsay must be specific and timely raised; otherwise, the testimony or document may be admitted into evidence.

  3. Rodriguez vs. Salvador, G.R. No. 216856 (2020)

    • Discusses the court’s broad discretion on rulings involving the admissibility of evidence and the standard of review on appeal for these rulings.

  4. People vs. Echavarria, G.R. No. 127421 (1999)

    • Reiterates that issues not objected to during trial are deemed waived and cannot ordinarily be raised for the first time on appeal.

XII. Legal Ethics Dimension

  1. Candor to the Court

    • Counsel must raise objections in good faith and not for the sole purpose of delay.
    • Frivolous objections may subject counsel to admonition or discipline by the court.

  2. Zealous Advocacy

    • A lawyer has a duty to protect the client’s interest by diligently objecting to inadmissible or prejudicial evidence. Failing to do so can amount to malpractice or negligence if it adversely affects the client’s case.

  3. Professional Courtesy

    • While vigorously objecting, maintain respect and decorum in addressing opposing counsel and the bench. Never argue with the judge in a disrespectful manner.

XIII. Conclusion

Objections are a crucial procedural mechanism to enforce the rules of admissibility, relevance, and competence in Philippine courts. They must be raised promptly and with specificity to be effective. The failure to timely object usually constitutes a waiver, admitting the contested evidence into the record. Counsel should thus be vigilant, well-versed in the grounds for objections, and adept at preserving issues for appeal through tenders of excluded evidence.

In practice, the strategic use of objections can significantly shape the evidence that the court ultimately considers in deciding a case. Counsel’s adherence to the rules governing objections not only reflects competent lawyering but also upholds the integrity of the judicial process by ensuring that the factual record before the court is both accurate and reliable.

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

When to make an offer | Offer and Objection (RULE 132) | EVIDENCE

ALL THERE IS TO KNOW ON “WHEN TO MAKE AN OFFER” UNDER RULE 132 OF THE PHILIPPINE RULES OF COURT
(Focusing on the Rules on Evidence, particularly on Offer and Objection.)

1. Overview: The Concept of Formal Offer of Evidence

Under Philippine procedural law, no evidence is considered by the court unless it has been formally offered. This fundamental principle is embodied in what used to be Section 34 of Rule 132 (now Section 38 under the 2019 Revised Rules on Evidence). The rule ensures that the court takes cognizance only of those pieces of evidence specifically presented for the court’s consideration, thereby safeguarding fair play and due process.

  • Purpose of the offer: When a party offers evidence, it must clearly state the purpose(s) for which such evidence is being presented (e.g., to prove a fact in issue, to impeach a witness, etc.).
  • Consequences of failing to offer evidence: Evidence not formally offered—no matter how compelling or relevant—will not be considered by the court in deciding the case.

2. Legal Basis: When to Make an Offer

A. Old Provision (Pre-2019) – Sections 34 and 35 of Rule 132

  1. 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.”

  2. Section 35 (When to Make Offer):

    “As regards the testimony of a witness, the offer must be made at the time the witness is called to testify.
    Documentary and object evidence shall be offered after the presentation of a party’s testimonial evidence. Such offer shall be done orally unless allowed by the court to be done in writing.”

Under this older formulation, testimonial evidence is deemed offered the moment the proponent calls the witness to the stand and states on record the purpose of the testimony (for example, whether the witness is testifying on personal knowledge of an event, to identify a document, or to provide expert opinion, etc.). Meanwhile, documentary and object evidence must be formally offered only after all the witnesses for that party have completed their testimonies.

B. 2019 Revised Rules on Evidence – Sections 38 and 39 of Rule 132

Effective May 1, 2020, the Supreme Court promulgated amendments to the Rules on Evidence. While the core principle remains the same, the section numbers changed:

  1. Section 38 (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.”

  2. Section 39 (When to Make an Offer):

    “The offer of evidence, documentary or object, shall be made after the presentation of a party’s testimonial evidence. However, the court may, in its discretion, allow the offer to be made at an earlier stage.”

Under the amended rules, the text focuses on documentary and object evidence being formally offered after the party rests its testimonial evidence. The provision that testimonial evidence is “offered at the time the witness is called to testify” is not explicitly recited in the new text, but in practice and principle, it remains effectively the same: one states on the record the purpose of calling the witness when that witness is presented. The shift in wording simply streamlines the process without abandoning the necessity to specify the testimony’s purpose.

3. Detailed Timing Rules

A. Testimonial Evidence

  1. At the moment the witness is presented:

    • Traditionally (under the older Section 35), you offer a witness’s testimony when you call the witness to the stand. You typically state:
      • The witness’s name;
      • The subject matter or scope of the testimony (e.g., “to testify on personal knowledge of the incident on [date]” or “to testify on the authenticity of Exhibit A”);
      • Whether the witness is an expert, hostile, etc., if applicable.

  2. Rationale:

    • This enables the opposing party (and the court) to know why the witness is testifying and to frame objections accordingly (e.g., objecting if the testimony is irrelevant or if it violates the rules on evidence).

  3. Continued vitality under the 2019 Rules:

    • Even though Section 39 of the 2019 Rules is silent about “testimonial evidence,” courts continue to observe that a party must indicate (on the record) why the witness is being presented, thereby effectively “offering” the witness’s testimony for a specific purpose.

B. Documentary and Object Evidence

  1. After completion of testimonial presentation:

    • Under both the old and new rules, the standard requirement is that all documentary and object evidence must be offered after the proponent has finished presenting its testimonial evidence.
    • This typically happens right after the proponent has rested its case (i.e., when the last witness has been heard).

  2. Why after testimonial evidence?

    • Often, the witness’s testimony is needed to properly lay the foundation for the admission of documents or objects (e.g., to authenticate a document, to prove chain of custody, or to identify the nature/condition of an object).
    • Once the foundation is laid, the proponent then gathers all the marked exhibits (documentary or object) and makes a formal offer, stating precisely:
      • The exhibit number or letter;
      • A brief description of the exhibit;
      • Its purpose or the fact it intends to prove.

  3. Oral vs. Written Offer:

    • As a rule, the offer is done orally in open court.
    • However, the trial court may allow a written formal offer (common in more complex cases or when there are voluminous documents). If so, the party files a “Formal Offer of Exhibits” containing a list of exhibits and their respective purposes.

  4. Court’s discretion to allow an earlier offer:

    • The 2019 version explicitly states that the court may allow an earlier offer of evidence.
    • This can happen, for example, when dealing with a single critical document that the court and counsel wish to address upfront, or when practicality demands immediate identification and admission of certain exhibits.

4. Objections and Rulings on the Offer

A. Immediate Objection to Testimonial Offer

  • Under the old and continuing practice, if a party calls a witness and states the purpose, the opposing counsel may object immediately if the testimony is irrelevant, incompetent, or otherwise objectionable.

B. Objection to Documentary and Object Evidence after Formal Offer

  1. Timing:

    • The adverse party objects to each documentary or object exhibit right after the proponent makes the formal offer in open court (or within the period granted by the court for a written comment/opposition if the offer is in writing).
    • The grounds for objection must be specifically stated (e.g., authenticity not proven, hearsay, irrelevance, best evidence rule violation, etc.).

  2. Court Ruling:

    • The judge then admits or rejects each piece of evidence, or may reserve resolution of the objection if more time is needed.
    • If the court reserves, the resolution typically is included in a subsequent written order.

C. Effect of Failure to Timely Object

  • If the opposing counsel fails to object at the time the offer is made, the general rule is that the objection is waived (unless it concerns a matter of substantial public policy like incompetent or illegal evidence, but that is exceptional).

5. Strategic Considerations

  1. Laying Proper Foundation:

    • Before you can successfully offer a document or object, you must ensure you have presented witnesses who can authenticate or identify it, and who can testify on its relevance (e.g., chain of custody in drug cases, authenticity of signatures in civil actions, etc.).

  2. Ensuring Timeliness:

    • Failure to offer evidence at the proper time can result in exclusion of that evidence. Courts are strict in implementing the rule that they will not consider evidence that has not been formally offered.

  3. Avoiding Premature Formal Offer:

    • Even though the new rules allow the court, in its discretion, to admit an earlier offer, counsel must be prudent. If a foundation is not laid before the offer, the court may sustain an objection for lack of proper authentication or foundation.

  4. Documentary/ Object Marking vs. Formal Offer:

    • Marking an exhibit during pre-trial or during a witness’s testimony is not equivalent to a formal offer. Marking merely identifies the evidence for reference. The final step to make it part of the record for consideration is the formal offer, stating its purpose.

6. Key Jurisprudence

While numerous Supreme Court decisions affirm the basic rule that no evidence is considered unless formally offered, a few noteworthy points from case law are:

  • Heirs of Pedro Pasag vs. Parocha (a commonly cited authority): Reiterates that marking documents as exhibits and using them during trial does not constitute a formal offer.
  • People v. Napud: Emphasizes that the court must exclude evidence not formally offered, even if no objection was made, because the rule is mandatory.
  • Reman Recio v. Heirs of Spouses Altamirano: Explains the rationale behind requiring a formal offer—to afford both the court and the opposing party clarity as to the purpose of each piece of evidence, and to enable them to pass upon its admissibility or weigh it properly.

7. Practical Workflow in a Philippine Trial

  1. Marking during Pre-Trial:

    • Parties mark documents in the presence of the judge (or during preliminary conferences) to streamline trial.

  2. Presentation of Witnesses (Testimonial Offer):

    • Each witness is called, identified, and qualified. Counsel states the purpose of the testimony (offer of testimonial evidence).

  3. Cross-Examination and Re-Direct:

    • The opposing party exercises cross-examination; clarifications may follow.

  4. Completion of Testimonial Evidence:

    • Once the proponent is done presenting all witnesses, the court typically orders the proponent to formally offer documentary and object evidence.

  5. Formal Offer of Documentary and Object Evidence:

    • Counsel recites or files a list enumerating each documentary or object exhibit.
    • Counsel states the exhibit number/letter and the specific purpose(s).

  6. Opposition/Objection:

    • The opposing party states objections per exhibit (e.g., “Exhibit A is hearsay, not authenticated”).

  7. Court Ruling:

    • The judge rules on the admissibility of each exhibit, admitting or rejecting it.
    • If admitted, that piece of evidence is considered part of the case record.

8. Common Pitfalls to Avoid

  1. Failure to Formally Offer:

    • Some lawyers forget to do a formal offer of documentary evidence, especially if they have used the documents extensively during cross or direct examination. If not formally offered, the court cannot consider those documents.

  2. Inadequate Foundation:

    • Not presenting a witness to authenticate or identify the document or object can lead to rejection upon formal offer.

  3. Late Presentation/ Offer:

    • Attempting to offer evidence after the court has declared the case submitted for decision or after resting one’s case can lead to the evidence being denied admission.

  4. Cumulative or Redundant Evidence:

    • While typically not a bar to offering evidence, the court may exclude repetitive or cumulative evidence if it does not aid in clarifying the issues.

9. Summary of Key Points

  1. Rule: No evidence is considered by the court unless formally offered.
  2. Testimonial Evidence: Offered at the time the witness takes the stand (stating the purpose or scope).
  3. Documentary and Object Evidence: Offered after all the presenting party’s witnesses have testified (unless the court permits an earlier offer).
  4. Objection: Must be made at the time of offer; otherwise, it may be deemed waived (subject to some exceptions).
  5. Foundation: Must be laid before offering evidence; authentication and relevance must be established through testimonial evidence.
  6. Court’s Ruling: The court admits or rejects offered evidence; only admitted evidence is weighed in deciding the case.

10. Conclusion

“When to Make an Offer” is a crucial aspect of trial practice in Philippine courts. Proper timing ensures that each piece of evidence—testimonial, documentary, or object—is clearly identified, its purpose is articulated, and any foundational requirements (e.g., authentication) are satisfied. Counsel must be vigilant in offering evidence immediately for testimonial evidence (when calling the witness) and after completion of the party’s witnesses for documentary or object evidence. Failure to do so risks the exclusion of potentially crucial evidence.

Ultimately, the guiding principle remains:

The court shall consider no evidence which has not been formally offered.

Observing this rule—and the specific timing mandated—is indispensable for effective advocacy and the orderly administration of justice in Philippine courts.

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

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.

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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