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Evidence 2468

Both cases discuss the principle that objections to evidence cannot be raised for the first time on appeal. In both cases, the appellants did not object during trial to alleged flaws in how evidence was handled, such as lack of documentation or non-compliance with evidence handling procedures. By failing to object during trial, the appellants could not later claim on appeal that the evidence was inadmissible due to such alleged flaws.

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79 views1 page

Evidence 2468

Both cases discuss the principle that objections to evidence cannot be raised for the first time on appeal. In both cases, the appellants did not object during trial to alleged flaws in how evidence was handled, such as lack of documentation or non-compliance with evidence handling procedures. By failing to object during trial, the appellants could not later claim on appeal that the evidence was inadmissible due to such alleged flaws.

Uploaded by

Raymarc Elizer Asuncion
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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17. People vs. Gabuya 18. People vs.

Diaz

Objection to Evidence; Objection to evidence cannot be raised for the first Objection to Evidence; As held by the Court in People v. Domado, 621 SCRA
time on appeal; when a party desires the court to reject the evidence 73 (2010), citing People v. Hernandez, 589 SCRA 625 (2009), objection to
offered, he must so state in the form of an objection.—It is well to note the admissibility of evidence cannot be raised for the first time on
that the records of the case are bereft of evidence that appellant, during appeal.—Appellant banks on the prosecution’s alleged failure to comply
trial, interposed any objection to the non-marking of the seized items in his with the requirements of law with respect to the proper marking, inventory,
presence and the lack of information on the whereabouts of the shabu after and taking of photograph of the seized specimen. However, it does not
it was examined by P/Insp. Calabocal. While he questioned the chain of escape the Court’s attention that appellant failed to contest the
custody before the CA, the alleged defects appellant is now alluding to were admissibility in evidence of the seized item during trial. In fact, at no
not among those he raised on appeal. The defects he raised before the CA instance did he manifest or even hint that there were lapses on the part of
were limited to the alleged lack of physical inventory, non-taking of the police officers in handling the seized item which affected its integrity
photographs of the seized items, and the supposed failure of the police and evidentiary value. As held by the Court in People v. Domado, 621 SCRA
officers to mark the sachets of shabu at the crime scene. But even then, it 73 (2010), citing People v. Hernandez, 589 SCRA 625 (2009), objection to the
was already too late in the day for appellant to have raised the same at that admissibility of evidence cannot be raised for the first time on appeal. When
point since he should have done so early on before the RTC. It bears a party desires the court to reject the evidence offered, he must so state in
stressing that the Court has already brushed aside an accused’s belated the form of objection. Without such objection, he cannot raise the question
contention that the illegal drugs confiscated from his person is inadmissible for the first time on appeal. In this case, appellant raised the police
for failure of the arresting officers to comply with Section 21 of R.A. 9165. operatives’ alleged noncompliance with Section 21, Article II of R.A. No.
This is considering that “[w]hatever justifiable grounds may excuse the 9165 for the first time on appeal before the CA. Thus, following established
police officers from literally complying with Section 21 will remain unknown, jurisprudence, the alleged flaws do not adversely affect the prosecution’s
because [appellant] did not question during trial the safekeeping of the case.
items seized from him. Objection to evidence cannot be raised for the first
time on appeal; when a party desires the court to reject the evidence
offered, he must so state in the form of an objection. Without such
objection, he cannot raise the question for the first time on appeal.”

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