We are sorry, the requested page does not exist
Objection, when made
As I have often written, court proceedings are governed by rules. These rules are put in place to ensure an orderly procedure. They must be observed. If not, the court can overrule the erring party. During the trial, certain objections can be raised. Objections can be made to the testimony itself of the witness or to questions asked of him. Objections can also be made to documents presented thereby making them inadmissible in evidence. But inasmuch as these protestations can be done, they must be raised at specific points in time. They cannot just be brought up at any time. Let us take this case of a husband and wife. The husband filed a petition to fix the rights of a father pendente lite against his wife. This was caused by the fact that the wife left the conjugal home together with their two children. The wife suspected that her husband was molesting their children. During the trial, the husband presented an expert witness who testified on the mental fitness of the husband as a father to exercise parental authority over the minor children. Prior to her testimony, her qualifications as an expert witness were established. Thereafter she testified that she came up with a psychological evaluation of the husband, applying clinical hypnosis, phenomenological-existential study, and historical-contextual approach. Based on such methodology, the witness opined that the father could not have molested their children. Rather the reason for their children’s development of sexual hyperactivity was due to some other experience. When it was time for the expert witness’ cross-examination, the wife, through her counsel, moved to strike out her testimony on the ground that her expertise was not established and that evidence derived from hypnotically-induced recollection is inadmissible. The trial court denied such a motion. The counsel then proceeded to cross-examine the witness, subject to a continuing objection to her qualification. Subsequently, said counsel filed a motion to expunge the expert’s testimony. It reiterated doubts about her expertise and further asked to suppress the psychological evaluation on the ground of the inadmissibility of the methodology used. The trial court denied both motions to strike out and to suppress the report. The court opined that there already was a waiver on the objection of the oral testimony. As regards the suppression of the report, it was still premature to do so since the report had not yet been formally offered to the court. Being turned down by the trial court, the wife elevated the matter to the Court of Appeals. The appellate court however did not sustain her argument. It ruled that the trial court committed no grave abuse in issuing its assailed orders. Having no other recourse, she pleaded to the Highest Court to hear and grant her arguments. The Supreme Court decreed. “No error can be ascribed on the part of the CA when it affirmed the RTC in denying petitioner’s (a) Motion to Expunge the testimony of the expert witness for failure to timely question her qualifications and her (b) Motion to Suppress psychological report containing hypnotically-induced evidence as the said motion is premature. To exclude evidence, the objection to admissibility of evidence must be made at the proper time, and the grounds specified. Grounds for objection not raised at the proper time shall be considered waived, even if evidence was objected to on some other ground. Thus, even on appeal, the appellate court may not consider any other ground of objection, except those that were raised at the proper time. Thus, it is basic in the rule of evidence that an objection to evidence must be made after the evidence is formally offered. ... In other words, objection to oral evidence must be raised at the earliest possible time, that is after the objectionable question is asked or after the answer is given if the objectionable issue becomes apparent only after the answer was given. In the case of documentary evidence, an offer is made after all the witnesses of the party making the offer have testified, specifying the purpose for which the evidence is being offered. It is only at this time, and not at any other, that objection to the documentary evidence may be made. As correctly found by the CA, the objections interposed by the petitioner- as to both oral and documentary evidence - were not timely made. ... Petitioner should have objected during the course of Gates’ direct testimony on her qualifications as an expert witness and explaining the mechanics of the psychological examination which she conducted on the respondent. Petitioner should not have waited in an ambush after the expert witness had already finished testifying. ... And thus, for her failure to make known her objection at the proper time, the procedural error or defect was waived. ... Objections to documentary evidence should likewise be timely raised. True, the petitioner acted prematurely when it objected to the psychological report at the time when it is still being identified. Objection to documentary evidence must be made at the time it is formally offered, not earlier. Because at that time the purpose of the offer has already been disclosed and ascertained. “ The facts and quoted salient portion of the decision are from Ma. Melissa Villanueva Magsino v. Roland N. Magsino (G.R. No. 205333 promulgated on 18 February 2019). The post Objection, when made appeared first on Daily Tribune......»»
Degamo Slay Case Answer raps, DoJ dares Teves
The Department of Justice has challenged suspended Negros Oriental 3rd District Rep. Arnolfo “Arnie” Teves to answer the complaint for multiple murder, multiple frustrated murder, and multiple attempted murder filed against him in the 4 March 2023 killing of Governor Roel Degamo and 10 persons. Senior Deputy State Prosecutor Richard Anthony D. Fadullon said a subpoena has been issued by a DoJ panel of prosecutors against Teves to answer the charges. Senior Assistant State Prosecutor Mary Jane E. Sytat is the head of the panel of prosecutors that will handle the case. Fadullon, however, did not mention any deadline for Teves to file his counter-affidavit and the date of the start of the preliminary investigation. Earlier, Teves was slapped with a second 60-day suspension as a legislator, as he continued to return home despite the lapse of his travel authority on 9 March 2023 citing “security reasons.” The embattled solon has been tagged as “one of the masterminds” in the killing of Degamo, the deaths of nine other persons, and injuries sustained by 18 individuals. He has denied the allegations. He was reported to have applied for political asylum with the Timor-Leste government which denied his plea. He appealed the denial before Timor-Leste’s Supreme Court. It was not known, as of posting, the status of the appeal. The National Bureau of Investigation filed the criminal charges against Teves on 17 May 2023 in connection with the killings. Aside from Teves, also charged were Angelo V. Palagtiw, Neil Andrew Go, Capt. Lloyd Cruz Garcia, Nigel Electona, and a person identified only with the aliases “Gee-Ann” and “Jie-An,” allegedly a sister of Palagtiw. The suspects were charged with 10 counts of murder, 14 counts of frustrated murder, and four counts attempted under the Revised Penal Code. Under the RPC, murder is a non-bailable offense and a heinous crime. The post Degamo Slay Case Answer raps, DoJ dares Teves appeared first on Daily Tribune......»»
‘We want to be free’: Filipinos demand right to divorce
Philippine mother-of-three Stella Sibonga is desperate to end a marriage she never wanted. But divorce in the Catholic-majority country is illegal, and a court annulment takes years. The Philippines is the only place outside the Vatican where divorce is outlawed, with the Catholic Church -- which holds great influence on Philippine society -- opposing the practice as against its teachings. Those in favor of legalizing divorce say the ban makes it difficult to escape violent or otherwise abusive spouses, or even for couples to amicably cut ties. People wanting to end their marriage can ask a court for an annulment or a declaration that the nuptials were invalid from the start, but the government can appeal against those decisions. The legal process is slow and expensive -- cases can cost as much as $10,000 or more in a country plagued by poverty -- with no guarantee of success, and some people seeking a faster result fall for online scams. "I don't understand why it has to be this difficult," said Sibonga, who has spent 11 years trying to get out of a marriage that her parents forced her into after she became pregnant. Sibonga's legal battle began in 2012, when she applied to a court to cancel her marriage on the basis of her husband's alleged "psychological incapacity", one of the grounds for terminating a matrimony. After five years and $3,500 in legal fees, a judge finally agreed. The former domestic worker's relief was, however, short-lived. The Office of the Solicitor General, which as the government's legal representative is tasked with protecting the institution of marriage, successfully appealed the decision in 2019. Sibonga said she requested the Court of Appeals to reverse its ruling, but is still waiting for an answer. "Why are we, the ones who experienced suffering, abandonment and abuse, being punished by the law?" said Sibonga, 45, who lives near Manila. "All we want is to be free." 'Dysfunctional marriages' The most powerful opponent to divorce in the Philippines is the Catholic Church, which is also against abortion and contraceptives. Around 78 percent of the country's 110 million people are Catholic, according to official census data, and many politicians are wary of contradicting the Church on sensitive social issues. But Congress has scored significant wins in recent years. A controversial birth control law was passed in 2012, despite strong opposition from the Church. And in 2018, majority and opposition parties in the House of Representatives approved a divorce bill that later stalled in the Senate. It was the first time such a proposal had got that far. Surveys conducted by polling company Social Weather Stations show a shift in Philippine attitudes towards divorce. In 2005, 43 percent of Filipinos supported legalizing divorce "for irreconcilably separated couples", while 45 percent disagreed. The same survey in 2017 showed 53 percent in favor, while only 32 percent disagreed. A group of lawmakers is now leading a fresh push to legalize divorce, with several bills filed in the House and the Senate. "We are not destroying any marriage," said Edcel Lagman, a congressman and author of one of the bills. Lagman said divorce was for "dysfunctional marriages beyond repair" and legalizing it would enable women and their children to escape "intolerant and abusive husbands". Before he was elected, President Ferdinand Marcos said the country should consider allowing divorce, but insisted it should not be easy. Annulment scams The burdensome process for getting a court order to end a marriage has spawned online scams offering to secure a quick ruling without time-consuming court appearances. AFP fact checkers found numerous Facebook posts spreading false information about the legal process for annulment in order to attract clients, underscoring a growing global trend of fraudsters profiting off disinformation. One victim told AFP she was charged the equivalent of $2,400 for an annulment service that turned out to be fake. She is now considering converting to Islam in the hope of securing a divorce under Muslim law. "I'm really trying every possible option just to be single again," she told AFP on the condition of anonymity. "Annulment takes so long, it's so expensive and it's not guaranteed, so I'm seeking a more convenient way." Family law specialist Katrina Legarda said the number of people falling for bogus services showed there was a "dire need" for new legislation. But Father Jerome Secillano, of the Catholic Bishops' Conference of the Philippines, said the nation should be "proud" to be the only country outside the Vatican "holding on to the traditional concept of marriage". "There will always be imperfections in a relationship," he said. Secillano said divorcing an abusive partner would "perpetuate the violence" because the perpetrator would go on to abuse their next partner. "You are not actually curing the disease itself," he said. 'I'm a sinner' Sibonga was raised a Catholic, but stopped attending church to avoid accusations of adultery. She has a long-term boyfriend, but cannot tie the knot with him until her first marriage is legally terminated. That her case has dragged on for so long is not unusual in the Philippines, where a creaky justice system can take years to resolve even minor issues. "People think that because I am still technically married, I'm a sinner," she said. "They really believe that what God has united cannot be separated. Really? Even if your husband is trying to kill you, even after everything he's done, divorce is still not allowed?" Sibonga said her relationship with her husband had been traumatic and had pushed her to attempt suicide twice. She does not want her children to marry until divorce is allowed. "I told them they can cohabitate and have as many children as they want, but I won't ever consent to them getting married," she said. "I just don't want them to end up like me." The post ‘We want to be free’: Filipinos demand right to divorce appeared first on Daily Tribune......»»
Bongbong to appeal Veloso case
INDONESIA — President Ferdinand Marcos Jr. said Tuesday the Philippine government will persist in its efforts to appeal to Indonesia to reduce or even forgive the sentence of Mary Jane Veloso, a drug courier who has been imprisoned in the country. In a media interview, Marcos said he would raise Veloso’s case to Indonesian President Joko Widodo when they meet here. “We haven’t really stopped. The impasse is that we continue to ask for a commutation or even a pardon or extradition back to the Philippines. That is constantly there,” Marcos said. “But the Indonesians answer us that this is the law.” To recall, Foreign Affairs Secretary Enrique Manalo requested Indonesia in September 2022 to grant Veloso executive clemency when he met with Foreign Minister Retno Marsudi on the sidelines of President Marcos’s state visit to Indonesia. “They’ve already given us a postponement. But that doesn’t mean it’s done. I will always, I’ll always at least bring it up. Maybe, just maybe, there might be changes,” Marcos said. In 2010, Veloso was found guilty of drug trafficking and sentenced to death after being caught in possession of 2.6 kilograms of heroin in Yogyakarta. She denied that the drugs were hers, saying a man she had met asked her to carry the bag to Indonesia. Cesar and Celia Veloso, Veloso’s parents, had asked Marcos to plead for clemency from Widodo, the authority who imposed the sentence. The post Bongbong to appeal Veloso case appeared first on Daily Tribune......»»
PBBM to ask for Veloso commutation of sentence
INDONESIA – President Ferdinand Marcos Jr. said on Tuesday that the Philippine government would persist in its efforts to appeal to Indonesia to reduce the sentence of – or even forgive – Mary Jane Veloso, a drug courier who has been *imprisoned* here. The Chief Executive made this statement in a media interview after he was asked if he would raise Veloso's case when he meets Indonesian President Joko Widodo here for the 42nd ASEAN Summit. "We haven't really stopped. The impasse is that we continue to ask for a commutation or even a pardon or extradition back to the Philippines. That is constantly there," Marcos said. "But the Indonesians answer us that this is the law," Marcos added. To recall, Foreign Affairs Secretary Enrique Manalo asked Indonesia in September 2022 to grant Veloso executive clemency – or the power of a president to reduce or forgive the punishment of someone convicted of a crime – when he met Foreign Minister Retno Marsudi on the sidelines of President Ferdinand Marcos Jr.'s state visit to Indonesia. "They've already given us postponement. But that doesn't mean it's done. I will always, I'll always at least bring it up. Maybe, just maybe, there might be changes," Marcos said. In 2010, Veloso was found guilty of drug trafficking and sentenced to death after being caught in possession of 2.6 kilograms of heroin in Yogyakarta. Cesar and Celia, Veloso's parents, had requested Marcos to plead for clemency from Widodo, the authority who imposed the sentence. The post PBBM to ask for Veloso commutation of sentence appeared first on Daily Tribune......»»
PET orders Robredo to comment on Marcos appeal on poll protest dismissal
The Supreme Court, sitting as Presidential Electoral Tribunal, has directed Vice President Leni Robredo to answer former Sen. Ferdinand “Bongbong” Marcos Jr.’s appeal on the dismissal of his poll protest......»»
French 'Metoo founder wins defamation appeal
A French appeals court on Wednesday overturned the defamation conviction of the woman behind France's answer to the #MeToo movement, who was sued by the man she accused of sexual harassment, lawyers told AFP......»»
IATF should listen to people’s complaints
I usually answer all my emails and sometimes reprint those that have great appeal and can also help other readers......»»
Ashley Tisdale buntis sa 2nd baby: ‘We can’t wait to meet you!’
MAY exciting news ang Hollywood actress at “High School Musical” star na si Ashley Tisdale sa madlang pipol! Ayon sa kanya, ipinagbubuntis niya ang second baby nila ng mister na si Christopher French. Sa Instagram, ibinandera ni Ashley ang kanyang baby bump at ang caption niya: “We can’t wait to meet you [emoji].” Baka Bet.....»»
DMK criticises Election Commission for being biassed in allocating symbols to political parties
Chennai (Tamil Nadu) [India], March 28 (ANI): The Deputy Secretary of the Student Wing of Dravida Munnetra Kazhagam (DMK), Ka Amutharasan, has accused the Election Commission of India (ECI) of having a biassed attitude towards opposition parties by allocating election symbols as per their wishes. "ECI has allocated the symbols for the Tamil Manila Congress and Amma Makkal Munnetra Kazhgam that those parties wished for. Th.....»»
Killua
News on the brutal killing of Killua, the Golden Retriever from Bato, Camarines Sur, has ignited a wave of public outcry, particularly among animal-loving Filipinos......»»
Hope for more survivors from Baltimore bridge collapse fades
BALTIMORE – The coast guard announced on Wednesday that hope of finding more survivors of the Baltimore bridge collapse has dimmed, and efforts have switched to searching for the bodies of the missing persons, as well as seeking more answers as to why a container ship crashed into the span. The coast guard announced on.....»»
Marcos Jr. eyes stronger maritime ties with India
The Philippines is seeking stronger maritime security cooperation with India to ensure the safety of seafarers from both nations as the world’s oceans are becoming more dangerous for commercial shipping, President Marcos said......»»
Paolo Contis masaya sa paglipat ng ‘It’s Showtime’ sa GMA
HAPPY ang Kapuso actor at dating host ng noontime program na “Tahanang Pinakamasaya” na si Paolo Contis sa pagkakaroon ng bagong tahanan ng “It’s Showtime”. Sa kanyang exclusive interview sa GMA News nitong Lunes, March 25, natanong ang aktor kung bukas ba siya sa posibilidad na maka-work ang mga Kapamilya hosts ng naturang noontime program......»»
P1.1 billion released to restore heritage school buildings
The Department of Budget and Management has released P1.1 billion to conserve and restore heritage school buildings in the country......»»
NTC to telcos: Block Binance
The government has ordered internet service providers to prevent Filipinos from accessing cryptocurrency giant Binance......»»
Xinhua Asia-Pacific news summary at 1600 GMT, March 25
JAKARTA -- One was killed and nine others, including children, went missing after a landslide struck a village in the Indonesian province of West Java on Sunday, a local official said Monday. The disaster took place in Cibenda village in West Bandung regency on Sunday after torrential rain reportedly poured over the area for around two hours. (Indonesia-Landslide) - - - - SYDNEY -- Local media repo.....»»
Philippines braces for La Nina, continues to deal with El Nino
MANILA, March 26 (Xinhua) -- The Philippines will continue to implement measures to lessen the impact of the El Nino weather phenomenon, as it braces for the opposite La Nina weather pattern, Philippine Science and Technology Secretary Renato Solidum said Tuesday. Solidum said in a news conference that the Department of Science and Technology's record showed that as of Sunday, 37 provinces across the country hav.....»»
Xinhua world news summary at 1530 GMT, March 26
MANILA -- Three suspected rebels were killed in a clash with government forces in Batangas province, south of Manila, on Tuesday, the Philippine military said. The military said a 30-minute gunfight broke out around 6:30 a.m. local time after the troops ran into a group of New People's Army (NPA) rebels in Rosario town. (Philippines-Clash) - - - - BEIRUT -- Two people were killed and nine other civ.....»»
Cebu Daily Newscast: Father jailed for gunning down son in Lahug, Cebu City
Listen to Cebu Daily Newscast to know the latest news in and out of Cebu. Here’s what you need to know this Tuesday, March 26, 2024. Father jailed for gunning down son in Lahug, Cebu City A 63-year-old father landed in jail after he allegedly gunned down his own son whom he had an altercation.....»»