Rule 132, Section 36 - OBJECTION

Objection to evidence offered orally must be made immediately after the offer is made.

Land Bank vs. Veronica (GR 176692, June 27, 2012)

Objection to a question propounded in the course of the oralexamination of a witness shall be made as
soon as thegrounds therefore shall become reasonably apparent.An offer of evidence in writing shall be
objected to within 3days after notice of the offer unless a different period isallowed by the court.In any
case, the grounds for the objections must be specified
.
Specific grounds of objection.
The usual grounds for objection are the following:a.

Objection to the question for being leading;b.

Objection to the question for it calls for hearsay evidence;c.
Objection to the question for lack of basis, or it assumes a fact notestablished;d.
Objection to the question for it invades the field of confidentialcommunication;e.
Objection to the question for being vague;f.
Objection to the question for it calls for a conclusion of law;g.
Objection to the question for it calls for a conclusion of fact;h.
Objection to the question for being argumentative;i.
Objection to the question for the proper foundation has not beenlaid; j.
Objection to the question for it calls for the opinion of the witness;k.
Objection to the question for being misleading;l.
Objection to the question for it has already been answered;m.
Objection to the question for the witness is incompetent;n.
Objection to the question for being inadmissible under the parolevidence rule;o.
Objection to the question for it attempts to elicit from the witnessself-serving evidence;p.
Objection to the question for the document offered is self-serving

Proper reasons for objecting to a question asked to a witness include:

Ambiguous , c o n f u s i n g , m i s l e a d i n g , v a g u e , a n d
u n i n t e l l i g i b l e : the question is not clear and precise enough for the witness to properly
answer.

A r g u m e n t a t i v e : the question makes an argument rather than asking a question.

A s k e d a n d a n s w e r e d : when the same attorney continues to ask the

same question and they have already received an answer.

A s s u m e s f a c t s n o t i n e v i d e n c e : the question assumes

something as true for which no evidence has been shown.

B a d g e r i n g : counsel is antagonizing the witness in order to provoke a response, either by

asking questions without giving the witness an opportunity to answer or by openly mocking the witness.
B e s t e v i d e n c e r u l e :
requires that the original source, if available, document should be entered into evidence. Full original
document should be introduced into evidence instead of a copy, but judges often allow copies if there is no
dispute about authenticity. Some documents are exempt by hearsay rules of evidence.
B e y o n d t h e s c o p e : A question asked during cross-examination has
to be within the scope of direct, and so on.

C a l l s f o r a c o n c l u s i o n : the question asks for an opinion rather than

facts.

C a l l s f o r s p e c u l a t i o n : the question asks the witness to guess the answer

rather than to rely on known facts.

C o m p o u n d q u e s t i o n : multiple questions asked together.

H e a r s a y : the witness does not know the answer personally but heard it from another. However,
there are several exceptions to the rule against hearsay.

I n c o m p e t e n t : the witness is not qualified to answer the question.