Beruflich Dokumente
Kultur Dokumente
Presentation of Evidence
A. Examinations of Witnesses
B. Right of a Witness
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
G. Cross-Examination
211
216
219
214
220
H. Impeachment by Bias
United States vs. Abel 221
United States vs. Harvey
222
212
226
236
238
241
242
249
252
244