Concepcion Capuera vs CA

FACTS: The accused there was prosecuted for 2 counts of estafa for issuig bouncing
checks. During the trial the prosecutor presented the private complainant under
direct examination without first making an offer but the defense counsel also just
kept his silence waiting for the completion of the direct examination. Then he
moved that the testimony of the witness be stricken off for failure to make a formal
offer.
SC: The failure of the defense counsel to object to the testimony of the witness on
the ground that there is no formal offer amounts to the waiver of his right to object
so that he cannot anymore move that the testimony be stricken off the record on
the ground that there was no formal offer.
: It was incumbent upon the adverse counsel to object to the testimony of the
witness when the ground therefore becomes apparent. The ground becomes
apparent when the witness started testifying on the direct examination without the
formal offer being made. Failure to object immediately amounts to a waiver. This
amounts to a waiver and the testimony of the witness cannot anymore be stricken
off. This is the controlling doctrine.

SIR: So object immediately during the direct examination.

But this ruling of the Supreme Court earns so much criticism in the legal community
because the rule in objection is: The Objection should be made after a formal offer
is made.
When there is nothing to object, why raise an objection? If there is no formal offer
made, there is nothing to object.
TAKE NOTE: The objection to an offer should be done AFTER AN OFFER IS MADE.
And besides the Supreme Court said it is incumbent upon the proponent to make
sure he makes a formal offer before presenting his witness. And for his failure, you
cannot punish the adverse party.

OBJECTION TO A TESTIMONIAL EVIDENCE may include 3 scenarios:

1. IF THE OFFER IS OBJECTIONABLE

Objection should be raised as soon as the grounds therefore become
apparent. So raise the objection seasonably or immediately, otherwise the
effect is waiver.
2. PERFECT OFFER BUT QUESTIONS ARE OBJECTIONABLE
Object as soon as the question is asked. Do not wait for the witness to answer
because what is objectionable is the question. So, as soon as the question is
asked but before the answer is given.
3. PERFECT OFFER, PERFECT QUESTIONS, BUT THE ANSWER IS OBJECTIONABLE
The ground for objection to an objectionable answer is only known when the
answer is given. So you cannot object to the answer before the answer is
given. So what do you do? You move that the answer be stricken off the
record because (it is not responsive to the question, it is hearsay, it is
speculation, the question does not call for an opinion).
Again, all of these should be raised SEASONABLY.

There are instances when one objection applies to the series of questions asked.
Now the rule does not burden you to raise the same objection with the same
objectionable questions asked. So it is possible that the first objection is
objectionable, the court resolves whether it sustains the objection or overrules the
objection, and the succeeding questions are the same as the questions objected to,
whether overruled or sustained, you dont have to raise again the objection when
the same succeeding questions are asked. You just have to register your
CONTINUING OBJECTION to the same types of objectionable questions. Your honor
may we register our continuing objection to this type of questions. Then any
question with the same nature as the first are deemed objected to.

WHAT ARE THE GROUNDS FOR OBJECTION?

There are so many. The exclusionary rules that we discussed.
Best Evidence Rule
Parol Evidence Rule
Lack of authentication
Irrelevant, immaterial

What is prohibited in Parol Evidence Rule?

Extraneous, either oral or documentary. Evidence that varies the contents of the
document.

HOW DO YOU OFFER AND OBJECT A DOCUMENTARY EVIDENCE?

Different from that of testimonial.

When do you make a formal offer of an object or documentary evidence?

Done after all of the witnesses of that party had testified. So it is done at the end of
presentation of evidence of each party.
May be done orally especially when theres only a few. In this case, it should be
OBJECTED TO ORALLY by the adverse party.
But when the formal offer is made in writing, the adverse party is given 3 days
within which to file his objection or comment unless the court allows a longer
period.

TAKE NOTE: In the course of the trial, the documentary evidence needs to be
identified or authenticated by a sponsoring witness. And the documents identified
may be marked in the course of the proceedings.
Common mistake: you dont object to the admission of an object or document
during the time the time these evidences are identified, authenticated and marked
by a witness.
Ex. If the evidence is a photocopy and the object of the inquiry is contents of the
document, the rule involved here is Best Evidence, so the witness identifies it and
the moment it is marked, and you know it is just a photocopy, you cannot object to
the marking of the photocopy under the best evidence rule. BECAUSE OBJECTION
TO THE ADMISSION OF AN OBJECT OR DOCUMENTARY EVIDENCE CAN ONLY BE
DONE ONCE EVIDENCES ARE FORMALLY OFFERED. Identification, authentication and
marking is NOT a formal offer. If it is done before the formal offer, it is premature. So
you wait for the formal offer.

Failure to object to an object or documentary evidence during the identification,

authentication and marking stage will not amount to a waiver of your right to object
to an admission.

So if you object during the identification, authentication and marking stage but did
not object when the formal offer is made, then that amounts to waiver because your
objection earlier is not honored because it is premature.

WHAT HAPPENS IF YOUR EVIDENCE TESTIMONIAL, OBJECT OR

DOCUMENTARY IS EXCLUDED BY THE COURT?
If you believe that the exclusion is erroneous and that evidence is vital to your
defense, your remedy is to avail of the TENDER OF EXCLUDED EVIDENCE otherwise
known as OFFER OF PROOF.

Ex. You presented a witness but the adverse party objected so for some reason or
another the court did not allow your witness to testify. And that evidence is so vital.
And without that testimony, you have nothing. So your remedy is, you APPEAL and
TENDER OF EXCLUDED EVIDENCE. This is a remedy to preserve the evidence which
was excluded by the trial court. So, you keep it on record so the appellate court can
have the opportunity to take a look at the excluded evidence and evaluate the
action of the trial court whether it is improper.

HOW DO YOU MAKE A TENDER OF EXCLUDED EVIDENCE?

It depends on the type of evidence which was excluded by the court.

TESTIMONIAL ex. Your witness was not allowed to testify.

Place into the records the full name and personal circumstances of the
witness and place into the record the gist of the proposed testimony of
the witness.
Your honor with the exclusion of our testimony we would like to make
a tender of excluded evidence, the witness name is and personal
circumstances are, had the witness been allowed to testify, these
would have been his testimonies: 1, 2, 3 etc.

If the appellate court will read this and find later on that the lower
courts order is improper, then the appellate court will reverse the
order of the lower court, consider the testimony and probably reverse
the decision if so warranted.

OBJECT OR DOCUMENTARY
By filing a pleading in court for tender of excluded evidence and
describe the document or object evidence and submit or attach to the
record the object or document and the appellate court will look into it
and will rule WON the exclusion is proper.