Cross-examination as defined under Rule 132 Sec.

of ROC, is one which may be

conducted upon the termination of the direct examination.
During such stage the witness may be cross-examined by the adverse party as to
any matters stated in the direct examination, OR connected therewith, with
sufficient fullness and freedom to test his accuracy and truthfulness and freedom
from interest or bias, or the reverse, and to elicit all important facts bearing upon
the issue.
Leading questions are likewise allowed during a cross-examination (Sec 10, Rule
132).
An unwilling or hostile witness so declared, or the witness who is an adverse party,
may be cross-examined, but only as on the subject matter of his examination-inchief (Sec 12, Rule 132).

(Lifted from: BatasNatin.com)

A. Concept: The examination of the witness by the opponent after the direct
examination.
B. Nature:
1. An essential part of the right to procedural due process i.e. the right of a party to
confront witnesses against him face-to-face. The essence however is not actual
cross examination but that a party be given the opportunity to cross examine.
Hence the consequences are as follows:
a. If the opponent was never given the opportunity to cross examine a
witness, the direct testimony may, on motion of the opponent, be stricken of
as hearsay.
b. All assertions of facts not based on the personal knowledge of the witness
may also be stricken of as hearsay since the source cannot be subjected to
the opportunity of cross-examination
2. Limitations:
a. The right may however be waived expressly
b. It may be lost through the fault or negligence of the opponent.
c. After a witness has been cross-examined and discharged, further crossexamination is no longer a right but must be addressed to the sound
discretion of the court
d. The Court may limit the cross-examination if its needlessly protracted, or is
being conducted in a manner which is unfair to the witness or is inconsistent
with the decorum of the court, as when it degenerates into a shouting match
with the witness

3. Efect of the Loss or non-completion of the cross examination

a. If the loss, in whole or in part, was due to the fault of the adverse party,
the testimony of the witness is to be taken into consideration
b). If the cross-examination cannot be done or completed due to causes
attributable to the party ofering the witness, the testimony is rendered
incompetent
c. If the loss or non-completion was due to the death or unavailability of the
witness then that part of the testimony which was subjected to crossexamination remains admissible.
4. Character of Cross Examination: It is both an Art and a Science
Should a party cross examine or not depends on a full understanding of what to
expect. The following must be considered before a party attempts to cross-examine:
a. Whether the witness has hurt the case or the impact of his testimony on
the case
b. Whether the witness is important, as for example an eye witness, or a
party witness
c. Whether the testimony is credible
d. The risks that the party undertakes
C. Importance and Purpose of Cross Examination
Cross examination is both a weapon to destroy or weaken the testimony of the
opponents witness and a tool to build up or strengthen a partys case. The conduct
of cross-examination must always be directed towards achieving a specific purpose
or purposes.
Constructive Cross-Examination, where the purposes are:
a. To amplify or expand the story of the witness so as to place the facts in a
diferent light which is favorable to the party. Note that the witness of the
opponent seldom volunteer facts favorable to the cross-examiner, hence the
manner of questioning should be insinuating, and
b. To obtain favorable or establish additional facts favorable to the crossexamining party.
Destructive Cross-Examination the purposes are:
a. To discredit the testimony of the witness by showing its absurdity, or that it
is unbelievable or contrary to the evidence
b. To discredit the witness by showing his bias, interest, lapse of or selective
memory, incorrect or incomplete observation of event, and similar situations.
D. Scope of Cross Examination

Under Section 6 the witness may be examined:

a. As to any matter stated in the direct examination
b. Or any matter connected therewith
c. As to the accuracy and truthfulness and freedom of the witness from
interest or bias, or the reverse and
d. Upon all important facts bearing upon the issue.
BASIC RULES ON CROSS EXAMINATION

1. PREPARE. Know what the witness has testified on and its relation to the case and
how it afects your own evidence
2. KNOW YOUR OBJECTIVE. What are the points in the testimony of the witness
which are critical and are these points to be brought out and emphasize
3. OBSERVE PACING AND PATIENCE . Do not rush the witness and avoid being over
eager in bringing out an important point.
4. LEAD THE WITNESS. State the facts and let the witness ratify. Know how to lead.
Use variation in the phraseology of the questions.
5. HAVE A STYLE AND ADAPT IT TO THE OCCASION. Be true to yourself and develop
an approach or style suited to your personality and character. Be able to vary your
style and know when is it efective to use either a booming or soft voice; to move
around or to stay put; to be conversational or confrontational or tough and
confident..
6. KNOW WHEN TO QUIT. Stop when (1) the witness has been discredited or made a
monumental concession. There is no need for an over kill. or when the witness is
killing the case or the counsel.
7. KNOW WHAT MATERIALS TO TAKE TO CONFRONT THE WITNESS. Have them be
ready and easily accessible.
8. KNOW THE JUDGE. Are you making an impact or are you boring, antagonizing or
confusing the Judge?
9. KNOW THE RULES OF EVIDENCE

ADDITIONAL PRACTICAL TIPS

1. BE BRIEF. Confine to the strongest points.
2. SHORT QUESTIONS. Use plain words and avoid fancy words or elaborate syntax.

3. NEVER ASK A QUESTION to which you do not already know the answer.
4. LISTEN TO THE WITNESS. Tune in if he was contradicted by another witness or
prior testimony; is the testimony contrary to human experience or completely
inconsistent with nature.
5. DO NOT QUARREL WITH THE WITNESS.
6. DO NOT PERMIT THE WITNESS TO EXPLAIN
7. DO NOT REPEAT HIS TESTIMONY ON DIRECT.
8. AVOID TOO MANY QUESTIONS
9. SAVE THE EXPLANATION FOR THE MEMORANDUM. Questions should not be
explanations of your position.