Grounds for objection

SUBSTANTIAL OBJECTIONS

Basis Objection Description of the objection

Rules of Irrelevant The statement of the witness presented a must affect the
Court and issue or question. It must have a bearing on the outcome of
Rules on the case. If not, it can be objected on this ground.
Evidence Inadmissible the character or quality which any material must
necessarily possess for it to be accepted and allowed to be
presented or introduced as evidence in court.

Incompetent The testimony being offered is excluded by law and or by

the rules.
Collateral matter Testimony on matters not relevant to the issue are
generally not allowed unless it is being made in relation to a
collateral matter
Objection to the Objection to the testimony of a witness for lack of a formal
testimony of a witness off er must be made as soon as the witness begins to
for lack of a formal testify
offer
Repetition When it becomes reasonably apparent in the course of the
examination of a witness that the questions being
propounded are of the same class as those to which
objection has been made, whether such objection was
sustained or overruled, it shall not be necessary to repeat
the objection, it being sufficient for the adverse party to
record his or her continuing objection to such class of
questions.
Unobjectionable The question being propounded is not objectionable on any
question ground. The objection is improper.
Unresponsive witness The questions being asked is not properly and directly
answered by the witness
Witness is making a Questions that are answerable by yes or no is answered by
narration instead of the witness with a narration instead of a categorical
answering the question answer.
Leading questions A question which suggests to the witness the answer which
the examining party desires is a leading question.
Misleading questions A misleading question is one which assumes as true a fact
not yet testified to by the witness, or contrary to that which
he or she has previously stated. It is not allowed.
Witness’ general That he or she has made at other times statements
reputation for truth, inconsistent with his or her present testimony, but not by
honesty, or integrity is evidence of particular wrongful acts, except that it may be
bad shown by the examination of the witness, or record of the
judgment, that he or she has been convicted of an offense.
Opinion The opinion of a witness is not admissible unless he or she
is an expert witness
Character evidence Evidence of a person’s character or a trait of character is
not admissible for the purpose of proving action in
conformity therewith on a particular occasion.
Violation of the res Res inter alios acta, aliis nec nocet nec prodest (Latin for "a
inter alios acta rule thing done between others does not harm or benefit
others") is a law doctrine which holds that a contract
cannot adversely affect the rights of one who is not a party
to the contract.
Violation of the fruit of Evidence made through testimony will be excluded if it was
the poisonous tree gained through evidence uncovered in an illegal arrest,
doctrine unreasonable search or coercive interrogation, or violation
of a particular exclusionary law.
Hearsay A witness can testify only to those facts which he knows of
his personal knowledge; that is, which are derived from his
own perception
Violation of the best the party offering evidence seeks to prove the content of
evidence rule the writing, recording or photographic evidence. The Best
Evidence Rule does NOT apply when a party is simply trying
to prove an event or fact that is memorialized in a writing,
recording or piece of photographic evidence.
Violation of the Parol The parol evidence rule is a contract law doctrine that
Evidence Rule prevents parties to a written contract from presenting
“extrinsic” evidence of terms in a contract that contradict,
modify, or vary the terms of a written agreement, when that
written agreement is considered complete and finalized.
Incompetent witness Only those who can perceive, and perceiving, can make
known their perception to others, may be witnesses.

The said witness must also have personal knowledge of the

facts testified on.
Violation of the marital During their marriage, the husband or the wife cannot
disqualification rule testify against the other without the consent of the affected
spouse, except in a civil case by one against the other, or in
a criminal case for a crime committed by one against the
other or the latter’s direct descendants or ascendants.
Violation of the The following persons cannot testify as to matters learned
privileged in confidence in the following cases:
communication rule a. Husband and wife
b. Attorney and client
c. Physician and patient
d. Minister or priest and confessor
 e. Public officers
Violation of the No person shall be compelled to testify against his or her
parental privilege rule parents, other direct ascendants, children or other direct
descendants, except when such testimony is indispensable
in a crime against that person or by one parent against the
other.
Argumentative When the question is geared towards arguing with the
question answers given by the witness.
Assumes Facts not in When the counsel asks “hypothetical” question
Evidence
Question calls for a Questions must be stated so as to call for specific answer.
Narrative The question is too general
 FORMAL OBJECTIONS
Basis Objection Definition of objection
A.M. No. 12- Failure to submit the The judicial affidavit should be submitted not later than
8-8-SC judicial affidavit on time five days before pre-trial or preliminary conference or the
JUDICIAL scheduled hearing with respect to motions and incidents.
AFFIDAVIT Non-compliance with (a) The name, age, residence or business address, and
RULE section 3 with regards occupation of the witness;
to the Contents of (b) The name and address of the lawyer who conducts or
judicial Affidavit supervises the examination of the witness and the place
where the examination is being held;
(c) A statement that the witness is answering the
questions asked of him, fully conscious that he does so
under oath, and that he may face criminal liability for false
testimony or perjury;
(d) Questions asked of the witness and his corresponding
answers, consecutively numbered, that:
(1) Show the circumstances under which the witness
acquired the facts upon which he testifies;
(2) Elicit from him those facts which are relevant to the
issues that the case presents; and
(3) Identify the attached documentary and object evidence
and establish their authenticity in accordance with the
Rules of Court;
(e) The signature of the witness over his printed name; and
(f) A jurat with the signature of the notary public who
administers the oath or an officer who is authorized by law
to administer the same.

Non-compliance with (a) The judicial affidavit shall contain a sworn attestation
section 4 or lack of at the end, executed by the lawyer who conducted or
sworn attestation of the supervised the examination of the witness, to the effect
lawyer that:
(1) He faithfully recorded or caused to be recorded the
questions he asked and the corresponding answers that
the witness gave; and
(2) Neither he nor any other person then present or
assisting him coached the witness regarding the latter's
answers.
(b) A false attestation shall subject the lawyer mentioned
to disciplinary action, including disbarment.