1.

SO AFTER SABIHIN NI ALPACINO, GAGAWIN NG PROSEC IS I REREQUEST NILA

NA MAGING ADMISSIBLE UNG EVIDENCE

SINCE UNDER Rule 130 Section 32 of the Rules of Court. Admission by silence. —
An act or declaration made in the presence and within the hearing or
observation of a party who does or says nothing when the act or declaration is
such as naturally to call for action or comment if not true, and when proper and
possible for him to do so, may be given in evidence against him. (23a)

2. IF DI PINAYAGAN NG COURT THEN THE PROSEC WILL REQUEST FOR THE

APPLICATION OF TENDER OF EXCLUDED EVIDENCE RULE

Section 40, Rule 132 provides:

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.

Thus that statement of the lawyer, although excluded by the court

can still be stated in the record which would be a basis for the
courts decision.