COURT

TESTIMONY
It is given by a person, called a
witness, in an open court to
answer the questions from a
lawyer for a party in the
proceedings or questions from
the judge.
Examination of witnesses
presented at trial or hearing
shall be done in open court, and
under oath or affirmation.
Unless the witness is
incapacitated to speak, or the
question calls for a different
mode of answer, the answers of
the witness shall be given orally.
Order in which an individual
witness may be examined is as
follows:

• Direct examination by the proponent;

• Cross-examination by the opponent;
• Re-direct examination by the proponent;
• Re-cross examination by the opponent
Direct Examination:

 Examination-in-chief of a witness
 By the party presenting him
 On the facts relevant to the issue

The first examination of a witness upon a matter

that is not within the scope of a previous examination of
the witness.
Cross- examination

the examination of a witness by

the adverse party after said witness has
given his testimony in direct
examination.
The right of confrontation is the basis of
cross- examination.

Two-fold purpose:

• To afford the accused an opportunity to

test the testimony of witnesses by cross-
examination, and
• To allow the judge to observe the
deportment of the witness
PURPOSES:

• to discredit the witness;

• to discredit the testimony
of the witness;
• to clarify certain matters;
• to elicit admissions from a
witness
SCOPE
GR:

not confined to matters stated in the

direct examination

XPN:

• Unwilling/hostile witness as so declared

by the court
• Accused
DOCTRINE OF INCOMPLETE
TESTIMONY

When cross-examination cannot be done or

completed due to causes attributable to the
party who offered the witness, the incomplete
testimony is rendered incompetent and should be
stricken from record.

XPN: where the witness was extensively cross-

examined on material points
When to strike out for lack of cross-
examination:

• If fault is on the arty presenting the

witness direct testimony can be
stricken out.

• If fault is attributable to the adverse

party no forfeiture of direct testimony
Whether or not the right of
the accused to confront a
witness is violated during
preliminary investigation
where such right is not
available to him?
During the trial of Maria for murder, the only
witness who could identify Maria testified
that he saw Maria stab the victim several
times. After cross-examining him at length on
time, place, the light and other circumstances
and physical conditions obtaining at the time
and place of the commission of the crime, the
defense counsel moved for continuance
saying he had more questions to ask. The
court set the continuation of the cross-
examination for the following day. The next
day, however, the witness died in an accident
on his way to court. Is the testimony of the
witness admissible? WHY?
Re-direct examination

conducted after the cross

examination of the witness. The party
who called the witness on direct
examination may re-examine the same
witness to explain or supplement his
answers given during cross-examination
• For the correction of any wrong or
inferences that ma have been created
during cross-examination.
• For the rehabilitation of the a witness’
credibility

Can the proponent ask in re-direct

examination questions on matters not
dealt with during cross-examination?
Re-cross examination

limited to new matters brought out

on the re-direct examination of the
witness and also on such other matters
as may be allowed by the court in its
discretion.