Exercises created by Atty. Gerry T. Galacio; all rights reserved. You can freely use these exercises, but you must not upload
them to any website or the cloud. For comments, questions, corrections, or suggestions, email gtgalacio@yahoo.com
| [1] Complete the following: Sec. 1. Examination to be done in open court.—The examination of witnesses presented in a trial or hearing shall be done in __________, and under _______________. Unless the witness is incapacitated to speak, or the _________________________, the answers of the witness shall be given orally. | Sec. 1. Examination to be done in open court.—The examination of witnesses presented in a 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. |
| [2] Complete the following: Sec. 3. Rights and obligations of a witness.—A witness must answer questions, although his answer may _________________________. | Sec. 3. Rights and obligations of a witness.—A witness must answer questions, although his answer may tend to establish a claim against him. |
| [3] The witness has the right to be protected from what kind of questions? | Irrelevant, improper, or insulting questions. (Sec. 3, 1) |
| [4] The witness has the right to be protected from what kind of demeanor? | Harsh or insulting demeanor. (Sec. 3, 1) |
| [5] The witness has the right not to be detained for how long? | Not longer than the interests of justice require. (Sec. 3, 2) |
| [6] The witness has the right not to be examined except only as to what? | Matters pertinent to the issue. (Sec. 3, 3) |
| [7] The witness has the right not to give what kind of answer? | An answer which will tend to subject him to a penalty for an offense unless otherwise provided by law (Sec. 3, 4) |
| [8] A witness has the right not to give an answer which will tend to degrade his reputation, unless what? | Unless it be to the very fact at issue or to a fact from which the fact in issue would be presumed. But a witness must answer to the fact of his previous final conviction for an offense. (sec. 3, 5) |
| [9] What is the order in the examination of a witness? | (a) Direct examination by the proponent; (b) Cross-examination by the opponent; (c) Re-direct examination by the proponent; (d) Re-cross-examination by the opponent. (Sec. 4) |
| [10] What is “direct examination?” | It is the examination-in-chief of a witness by the party presenting him on the facts relevant to the issue. (Sec. 5) |
| [11] Complete the following: Sec. 6. Cross-examination; its purpose and extent.—Upon the termination of the direct examination, the witness may be cross-examined by the adverse party as to ____________________, or connected therewith, with ___________________ to test his accuracy and truthfulness and freedom from _______________, or the reverse, and to elicit all important facts bearing upon the issue. | Sec. 6. Cross-examination; its purpose and extent.—Upon the termination of the direct examination, 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. |
| [12] Complete the following: Sec. 7. Re-direct examination; its purpose and extent.—After the cross-examination of the witness has been concluded, he may be re-examined by the party calling him, to ___________________. On re-direct examination, questions on matters ___________________, may be allowed by the court in its discretion. | Sec. 7. Re-direct examination; its purpose and extent.—After the cross-examination of the witness has been concluded, he may be re-examined by the party calling him, to explain or supplement his answers given during the cross-examination. On re-direct examination, questions on matters not dealt with during the cross-examination, may be allowed by the court in its discretion. |
| [13] Complete the following: Sec. 8. Re-cross-examination.—Upon the conclusion of the re-direct examination, the adverse party may re-cross-examine the witness on matters stated in his re-direct examination, and also on such other ___________________. | Sec. 8. Re-cross-examination.—Upon the conclusion of the re-direct examination, the adverse party may re-cross-examine the witness on matters stated in his re-direct examination, and also on such other matters as may be allowed by the court in its discretion. |
| [14] After the examination of a witness by both sides has been concluded, can the witness be recalled? | Yes, but only by leave of court; the court will grant or withhold leave in its discretion, as the interests of justice may require. (Sec. 9) |
| [15] What is a leading question? Is it allowed? | A question that suggests to the witness the answer that the examining party desires is a leading question. It is not allowed. (Sec. 10) |
| [16] Leading question is generally not allowed, except in _________ examination. | cross (Sec. 10, a) |
| [17] Leading question is generally not allowed, except on _________ matters. | preliminary (Sec. 10, b) |
| [18] Leading question is generally not allowed, except of an _______________ witness. | unwilling or hostile (Sec. 10, d) |
| [19] What is a “misleading question?” Is it allowed? | A misleading question is one which assumes as true a fact not yet testified to by the witness, or contrary to that which he has previously stated. It is not allowed. (Sec. 10) |
| [20] In what three ways can an adverse party’s witness be impeached? | A witness may be impeached by the party against whom he was called by (1) contradictory evidence, (2) evidence that his general reputation for truth, honesty, or integrity is bad, or (3) evidence that he has made at other times statements inconsistent with his present testimony. (Sec. 11) |
| [21] An adverse party’s witness cannot be impeached by evidence of particular wrongful acts. Exception? | It may be shown by the examination of the witness, or the record of the judgment, that he has been convicted of an offense. (Sec. 11) |
| [22] Generally, a party may not impeach the credibility of his own witnesses. Exceptions? | Under paragraphs (d) and (e) of Section 10, the party producing a witness is allowed to impeach the credibility of (d) an unwilling or hostile witness; or (e) of a witness who is an adverse party or an officer, director, or managing agent of a public or private corporation or of a partnership or association that is an adverse party. |
| [23] How can a witness be considered as unwilling or hostile? | The court must declare him as an unwilling or hostile witness. (Sec. 12) |
| [24] Before the court declares the witness as unwilling or hostile, what must be shown adequately about him? | (1) adverse interest, (2) unjustified reluctance to testify, or (3) his having misled the party into calling him to the witness stand. (Sec. 12) |
| [25] Complete the following: The unwilling or hostile witness so declared, or the witness who is an adverse party, may be impeached by the party presenting him in all respects as if he had been called by the adverse party, except by _____________________. He may also be impeached and cross-examined by the adverse party, but such cross-examination must only be on the ___________________. | The unwilling or hostile witness so declared, or the witness who is an adverse party, may be impeached by the party presenting him in all respects as if he had been called by the adverse party, except by evidence of his bad character. He may also be impeached and cross-examined by the adverse party, but such cross-examination must only be on the subject matter of his examination-in-chief. |
| [26] How can witness be impeached by evidence that he has made at other times statements inconsistent with his present testimony? | (1) The statements must be related to him, with the circumstances of the times and places and the persons present, and (2) he must be asked whether he made such statements, and if so, (3) he must be allowed to explain them. (4) If the statements are in writing, they must be shown to the witness before any question is put to him concerning them. (Sec. 13) |
| [27] Evidence of the good character of a witness is not admissible until when? | Until the character has been impeached. (Sec.17) |
| [28] Complete the following: Sec. 15. Exclusion and separation of witnesses.—On any trial or hearing, the judge may exclude from the court any witness not at the time under examination, so that ___________________________. The judge may also cause witnesses to be kept separate and to be prevented from ____________________ until all shall have been examined. | Sec. 15. Exclusion and separation of witnesses.—On any trial or hearing, the judge may exclude from the court any witness not at the time under examination, so that he may not hear the testimony of other witnesses. The judge may also cause witnesses to be kept separate and to be prevented from conversing with one another until all shall have been examined. |
| [29] Complete the following: Sec. 16. When witness may refer to memorandum.—A witness may be allowed to refresh his memory respecting a fact, by anything written or recorded by himself or under his direction at the time when the fact occurred, or immediately thereafter, or at any other time when the fact was fresh in his memory and he knew that the same was correctly written or recorded; but in such case ______________________________. So, also, a witness may testify from such a writing or record, though he retain no recollection of the particular facts, _______________________; but such evidence must be received with caution. | Sec. 16. When witness may refer to memorandum.—A witness may be allowed to refresh his memory respecting a fact, by anything written or recorded by himself or under his direction at the time when the fact occurred, or immediately thereafter, or at any other time when the fact was fresh in his memory and he knew that the same was correctly written or recorded; but in such case the writing or record must be produced and may be inspected by the adverse party, who may, if he chooses, cross-examine the witness upon it, and may read it in evidence. So, also, a witness may testify from such a writing or record, though he retain no recollection of the particular facts, if he is able to swear that the writing or record correctly stated the transaction when made; but such evidence must be received with caution. |
| [30] Complete the following: Sec. 17. When part of transaction, writing or record given in evidence, the remainder admissible.—When part of an act, declaration, conversation, writing or record is given in evidence by one party, ___________________________, and when a detached act, declaration, conversation, writing or record is given in evidence, ___________________________ may also be given in evidence. | Sec. 17. When part of transaction, writing or record given in evidence, the remainder admissible.—When part of an act, declaration, conversation, writing or record is given in evidence by one party, the whole of the same subject may be inquired into by the other, and when a detached act, declaration, conversation, writing or record is given in evidence, any other act, declaration, conversation, writing or record necessary to its understanding may also be given in evidence. |