THE LOST ART OF CROSS EXAMINATION

Justice Edilberto G. Sandoval (Retired Presiding Justice, Sandiganbayan)

I. NATURE It is a fundamental right which a part of due process in all

cases, administrative, civil, and criminal. It is a Constitutional and statutory
right which is not available in preliminary investigation.

A. Right of the opposing party after the termination of the direct

examination (Rule 132, Sec. 6, Rules of Court)
B. Right is waivable expressly or impliedly
C. Cross examination is generally considered the most difficult branch
of the multifarious duties of an advocate

II. Some notes on cross examination:

A. It may be used to explain, qualify, or supplement the testimony

given on examination in chief.
B. It may be used to weaken the effect of direct examination by
attacking the source and extent of the knowledge of the witness, by
testing his memory, by exposing previous coaching to him or
rehearsed declaration, and by exposing possible motives of the
witnesses.
C. There must be no adoption of the opposing partys exhibit in the
course of the cross examination.
D. The Best Evidence Rule is not available as source of objection
during cross examination.

III. Questions before embarking on cross examination:

A. Is there a need to cross examine the witness?

B. Has the declaration of the witness hurt your case?
C. Is the witness important?

IV. The so-called calculated risk in cross examination

V. Two basic approaches in cross examination:

A. Elicit favourable testimony

B. Conduct a destructive cross-examination

VI. Two rules in cross examination

A. English rule
B. American rule

VII. When examining a lawyer-witness