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In administrative cases, technical

rules of procedure and evidence


are not strictly applied and
administrative due process cannot
be fully equated with due process
in its strict judicial sense.
Although administrative procedural
rules are less stringent and often applied
more liberally, administrative proceedings
are not exempt from basic and
fundamental procedural principles, such
as the right to due process in
investigations and hearings.
Do not introduce evidence on
admitted facts and documents taken
during the pre-hearing conference.
They constitute admission that need
no proof for the admission and
document are the proof in itself.

Do not introduce evidence outside


the defined issues. They are not he
subject of the case.
Purpose: To establish evidence in chief:

a. What, where, when, why and who


b. Leading questions are not allowed except on
preliminary matter, child witness, deaf mute, low
mental capacity with difficult understanding to
give intelligent answer, ignorant or is feeble
minded.
PURPOSE: to traverse evidence in chief
presented.

a. Leading questions allowed.


b. Misleading questions not allowed-
beyond the scope of direct examination.
Witnesses must be qualified and competent and
will testify only on relevant matters in issue and not
excluded by the rules
Documents to be presented must also be relevant
to the issue
Alertness in exclusion of objectionable questions
a. Purposes of direct oral testimony is offered at the
time a witness Is called to testify (Sec.36, Rule 132,
Rules of Court)
b. Be sure that the witness has personal knowledge of
the subject of her testimony (Sec. 35, Rule 30, Rules
of Court. Testimony must be relevant and not
excluded by the Rules
c. Immediately object if there is a ground
d. Documentary evidence are offered after the
presentation of evidence but before the party
rests the case
Public documents need not be
authenticated; private documents
have to be authenticated to be
admissible in evidence.
(1) the written official acts or records of official acts of the
sovereign authority, official bodies and tribunals and public
officers, whether of the Philippines or of a foreign country, e.g.,
transfer certificate of title, the Official Gazette, entries in the
book of entries of judgments;

(2) documents acknowledged before a notary public except


last wills and testaments;

(3) public records, kept in the Philippines, of private documents


required by law to be entered therein, e.g. Certified true copies
of birth certificates or of death certificates issued by the local
civil registrar.
1. Witness is incompetent;
2. Testimony is irrelevant or immaterial or improper
questions;
3. Opinion of a witness except testimony of an expert
witness or ordinary witness where proper on
identity, handwriting and mental sanity subject to
adequate knowledge, sufficient familiarity and
sufficiently acquainted, respectively;
4. Outside of the scope of the issues identified during
pre-hearing;
5. Leading questions;
6. General vague questions;
7. Argumentative or hypothetical;
8. Violates best evidence rule;
9. Hearsay unless covered by exception;
10. Incriminating questions;
11. Insulting or harassing questions;
12. Self-serving evidence;
13. Assumed facts;
14. Misleading;
15. Compounded Questions;
16. Repetitious or answered questions;

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