Recalling a witness on the stand

EVERY witness presented by a party in court during the presentation of evidence cannot be detained longer than the interest of justice requires (Section 3(2), Rule 132, Rules on Evidence).

A witness cannot be examined after the conclusion of direct, cross, re-direct, and re-cross examinations (Section 4, Rule 132).

“After the examination of a witness by both sides…, the witness cannot be recalled without leave of court. The court will grant or withhold leave in its discretion, as the interests of justice may require” (Section 9, Rule 132).

“The matter of recalling witnesses ordinarily rests in the discretion of the trial court, and under the facts and circumstances of particular cases, such discretion has been held not to be abused by permitting or refusing to permit the recall of a witness” (Evidence, Francisco citing 98 C.J.S. 104-105).

“[D]iscretion… is not properly invoked… by an applicant’s mere general statement that there is a need to recall a witness ‘in the interest of justice,’ or ‘… to afford a party full opportunity to present his case,’ or that… ‘there seems to be many points and questions that should have been asked’ in the earlier interrogation” (People v. Judge Rivera, G.R. 98376, August 16, 1991).

“To regard expressed generalities such as these as sufficient ground for recall of witnesses would make the recall of witness no longer discretionary but ministerial. Something more than the bare assertion of the need to propound additional questions is essential before the Court’s discretion may rightfully be exercised to grant or deny [the] recall” (G.R. 98376, August 16, 1991).

“There must be a satisfactory showing of some concrete, substantial ground for the recall [such as]… that particularly identified material points were not covered in the cross-examination, or that particularly described vital documents were not presented to the witness whose recall is prayed for, or that the cross-examination was conducted in so inept a manner…”(G.R. 98376, August 16, 1991).