Text of the provision

Sec. 39. Striking out [Q/] answer. — Should a witness answer the question before the adverse party had the opportunity to voice fully its objection to the same, or where a question is not objectionable, but the answer is not responsive, or where a witness testifies without a question being posed or testifies beyond limits set by the court or when the witness does a narration instead of answering the question, and such objection is found to be meritorious, the court shall sustain the objection and order such answer, testimony or narration to be stricken off the record. On proper motion, the court may also order the striking out of answers which are incompetent, irrelevant, or otherwise improper. Sec. 40. Tender of excluded evidence. — If documents or things offered in evidence are excluded by the court, the offeror may have the same attached to or made part of the record. If the evidence excluded is oral, the offeror may state for the record the name and other personal circumstances of the witness and the substance of the proposed testimony.

2019 Revised Rules on Evidence (A.M. No. 19-08-15-SC), Rule 132, Section 39. Reproduced verbatim and verified against the Supreme Court's official published text and the ChanRobles rendering.

About this section

This is Section 39 of Rule 132 (PRESENTATION OF EVIDENCE A. EXAMINATION OF WITNESSES REVISED RULES ON EVIDENCE 2019 AMENDMENTS SECTION 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 questions calls for a different mode of answer, the answers of the witness shall be given orally. (1a)) of the 2019 Revised Rules on Evidence, the rules promulgated by the Supreme Court in A.M. No. 19-08-15-SC and in force since May 1, 2020. The text above is reproduced verbatim from the current rules.

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Note. The text above is reproduced in full from the 2019 Revised Rules on Evidence (A.M. No. 19-08-15-SC), verified against the Supreme Court's official publication and the ChanRobles rendering. The framing around it is general legal information, not legal advice. How a rule applies to a particular case depends on facts that only a lawyer reviewing your matter can assess.