In a trial, it is vital that all documentary evidence presented in court must be formally offered. It is not just a matter of making the witness identify, authenticate and testify on it during the hearing.

After a party presents all his witnesses, he must offer all documentary and object evidence to the court for admission. Only when the court admits them can it consider them as evidence.

So today we have this very interesting annulment case wherein the petitioner apparently missed the offer of an important piece of evidence — the psychologist’s assessment. He presented the psychologist who testified on the psychological incapacity of his wife.

In the process, she identified her assessment which was part of her judicial affidavit. Having done this, there was only one thing left after the petitioner presented all his witnesses — the formal offer.

While he did formally offer his pieces of evidence, he failed to formally offer the psychologist’s evaluation. Based on this failure and the fact that the rules mandate that the court cannot appreciate evidence that is not formally offered, the trial court dismissed his petition.

It opined that not having such assessment as part of his evidence, simply because it was not formally offered, his petition had no legal leg to stand on.

After a party presents all his witnesses, he must offer all documentary and object evidence to the court for admission.

Of course, the petitioner could not accept this. He elevated the matter to the higher court. The appellate court however did not side with him, upholding the finding of the trial court.

Left with no other recourse, the petitioner asked the Supreme Court to rule on the issue he brought before it. Interestingly, this is what the Highest Tribunal had to say:

“The Regional Trial Court erred in dismissing the Petition for the sole reason that the expert witness’s psychological assessment report was not formally offered. Even under these circumstances, the report may be considered because the expert witness duly identified it in her testimony, and it was incorporated in the case records.

“The proof required to establish psychological incapacity is the totality of evidence. Jurisprudence has previously established that if the totality of evidence suffices to show psychological incapacity, then the medical examination of the concerned spouse may be dispensed with.

“Hence, the absence of a psychological assessment report of an expert witness should not lead a judge to summarily dismiss the petition as it is not an indispensable requirement in deciding the petition on the merits.” (To be continued)