Presenting rebuttal evidence

REBUTTAL evidence is often thought of as a form of cross-examination; however, it is not.

A rebuttal is given “to explain, repel, counteract or disprove facts given in evidence by the adverse party.”

It is “receivable only where new matter has been developed by the evidence of one of the parties and is generally limited to a reply to new points” (Francisco, Evidence).

To be clear, rebuttal evidence is presented after the defendant has completed the presentation of evidence.

For example, after the defendant’s witnesses are presented and examined in court and the defendant makes an offer of evidence, the plaintiff or prosecution may then request for the presentation of rebuttal evidence to meet the new points raised by the defendant.

Hence, the function of a rebuttal is “’to meet the new facts put in by the opponent in his case in reply’ and is ‘necessary only because, on a plea in denial, new subordinate evidential facts have been offered, or because, on an affirmative plea, its substantive facts have been put forward, or because, on any issue whatever, facts discrediting the proponent’s witnesses have been offered’” (People v. Padero, G.R. 106274, September 28, 1993).

After the presentation of the prosecution’s last rebuttal witness, the accused shall immediately present sur-rebuttal evidence, if there is any, and orally rest the case in surrebuttal after the presentation of its last surrebuttal witness.

Thereafter, the court shall submit the case for decision (Number 13[e]).

Parties in civil cases may also be given the opportunity to present rebutting evidence unless the court, for good reasons and in the furtherance of justice, permits them to adduce evidence upon their original case.

Upon admission of the evidence, the case shall be deemed submitted for decision (Section 5[f], Rule 30, 2019 Rules of Civil Procedure).

In the case of People v. Padero, “the overwhelming import of the new facts disclosed by the accused which have a damaging effect on the complainant’s version (of rape) made it imperative for the prosecution to present rebuttal evidence. “Relegating the complainant to the background and presenting other witnesses to rebut minor or trivial matters brought out… for the defense engender serious doubts on the integrity of her story” (G.R. 106274, September 28, 1993).

On rebuttal, the witnesses of the complainant denied the assertions of the accused that there was no rape.