IV.

Presentation of Evidence
A. Examinations of Witnesses

People of the Philippines vs. Bisda kidnapping for ransom of Angela

Michelle Soriano. The appellants contend that the prosecution failed to establish
that Angela understood the nature of an oath and the need for her to tell the
truth. there is no showing on record that the spouses ever influenced their
daughter to prevaricate. Competence of a child rest primarily with the judge.
People of the Philippines vs. Miscala rape pf 10 yr old., whether or not th
prosecution has presented sufficient proof to overturn the constitutional
presumption of innocence. The young victim complainant-witness had been
properly placed in voir dire.

B. Right of a Witness

Rosete vs. Lim Request for annulment of DOS executed by petitioners in

favor of Espreme over respondents land. Request for deposition was objected
based on rights to self-incrimination. In civil case, cannot refuse to take the
witness stand unless such partake the nature of a criminal proceeding.

C. Examination in Open Court

People of the Philippines vs. Estenzo Counsel in a criminal case wants to

file only affidavits of witnesses, approved by the judge. Rules of Court clearly
require that the testimony of a witness shall be given orally in open court.
Dasmarias Garments, Inc. vs. Reyes APL sued Dasmarinas garments for
sum of money, prayed to take depositions of Taiwan Nationals. . It precisely falls
within one of the exceptions where the law permits such a situation, i.e., the use
of deposition in lieu of the actual appearance and testimony.
Go vs. People of the Philippines Go charged with other deceit, defrauded
Highdone Co. by executing first mortgage. Disallowed oral deposition of Li.
Prosecution failed to act when Li was here.

D. Order of Examination

People of the Philippines vs. Santos rape of 5 yrs old. Defense of alibi.
Faults the court for initiating and propounding questions from the witness. Judge
may examine or cross-examine a witness. . It cannot be taken against him if the
clarificatory questions he propounds happen to reveal certain truths which tend
to destroy the theory of one party.
Juan de la Cruz vs. Carreta a complaint against Judge Carretas for
interfering in the conduct of the trial. He should avoid interruptions of counsel in
their arguments except to clarify his mind as to their position.

E. Leading Questions

State vs. Scott Scott was charged of having carnal knowledge with a 14 yrs
old for which he was convicted guilty. The trial court erred in allowing leading
questions. No. A question asked a witness is not leading unless it suggests the
answer desired; and even though it calls for a yes or a no answer it is not
leading for that reason unless it is so worded that the witness in answering yes
or no would be testifying in the language of the interrogator rather than in his
own.
People of the Philippines vs. Carapas The victim was claimed to have
been killed because of self-defense. Appellants pointed out that testimonies
which was the basis of their conspiracy were extracted thru leading questions.
People of the Philippines vs. Dela Cruz rape case of Jonalyn, suffering
from a moderate level of mental retardation. Mental capacity was tested to
determine whether leading questions could be asked. It is usual and proper for
the court to permit leading questions in conducting the examination of a
witness who is immature; aged and infirm; in bad physical condition;
uneducated etc

F. Impeaching One's Own Witness

Becker vs. Eisenstodt surgery to change the shape of her nose

G. Cross-Examination

People of the Philippines vs. Seneris

Fulgado vs. Court of Appeals 210

People of the Philippines vs. Abatayo

211

Capital Subdivision, Inc., Province of Negros Occidental

Sps. Dela Cruz vs. Papa IV
US vs. Marshall

216

Rodil vs. Garcia

219

214

Estrada vs. People of the Philippines

220

H. Impeachment by Bias
United States vs. Abel 221
United States vs. Harvey

222

People of the Philippines vs. Peralta 224

I. Impeachment by Prior Inconsistent Statement

212

People of the Philippines vs. Castillano, Sr.

226

People of the Philippines vs. De Guzman 231

OCA vs. Morante 233
Villalon, Jr. vs. Intermediate Appellate Court
United States vs. Webster

236

238

People of the Philippines vs. Ubia 239

J. Impeachment by Other Means
United States vs. Mercado

241

Mosiey vs. Commonwealth

242

Coles vs. Harsch 243

United States vs. Medical Therapy Services
Newton vs. State 245
State vs. Oswalt 247
K. Refreshing Recollection
State vs. Peoples, Sr.

249

Canque vs. Court of Appeals 250

People of the Philippines vs. Plasencia

252

244