PHILIPPINES Law and Practice Contributed by: Leland R Villadolid Jr, Gilberto D Gallos, Antonio Jose Gerardo T Paz and Leo Frederick Z Cruz, Angara Abello Concepcion Regala & Cruz
Object evidence may be admitted into evidence when its relevance is shown, and when it has been properly identified by a witness and exhib- ited to the court. The same rule applies to documentary evidence, subject to: • the further requirement of authentication as provided under the Rules of Court; • the Rules on Electronic Evidence in the case of electronic documents; and • compliance with particular rules on admissi- bility, such as the original document rule and the parol evidence rule. Regarding testimonial evidence, testimonies of witnesses are generally admissible, as long as: • they are not disqualified from testifying; • their testimonies do not cover privileged mat- ters; • their testimonies are relevant to the issues being litigated; and • their testimonies are matters within their personal knowledge, subject to the relevant exceptions (eg, exceptions for hearsay, testi- mony of experts, etc). 7.5 Expert Testimony The Rules of Court state that “[t]he opinion of a witness on a matter requiring special knowledge, skill, experience or training which he is shown to possess, may be received in evidence”. The qualification of a witness as an expert, their credibility and the evaluation of their testimony is left to the discretion of the trial court, whose finding thereon is not reviewable in the absence of abuse of discretion. A court may itself seek the assistance of an expert witness. For example, under the Rules
of Court, “experienced and impartial attorneys may be invited by the Court to appear as amici curiae to help in the disposition of issues sub- mitted to it”. 7.6 Extent to Which Hearings Are Open to the Public Please see 1.3 Court Filings and Proceedings . 7.7 Level of Intervention by a Judge A judge may intervene in the manner by which a counsel conducts the examination of a witness or presents evidence during trial – subject to cer- tain general guidelines – such as to: • protect the witness; • stop manifestly objectionable questions; • clarify any question being propounded by counsel or any answer given by a witness; and • maintain order in the proceedings; • prevent delay or delaying tactics; • promote the expeditious and orderly pres- entation of evidence in compliance with the pretrial order. Other than these, judges generally give lawyers wide latitude in the manner they conduct trial. Objections to questions propounded during the examination of a witness are immediately resolved by judges. The same is true for sim- ple or non-litigious motions such as motions for postponement or continuance. For more complex or litigious motions or applications, judges usually reserve making a decision for a later date, or require the parties to make written submissions, unless such motion or application necessitates urgent resolution.
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