FACTS: Cabugao while eating in a ‘turo turo’ eatery was arrested by SPOI lumibao. And SPO2 Domingo. The two policemen alleged that Cabugao was arrested for selling shabu proven by a valid buy bust operation. Several witnesses testified including the waitress and his father that the two policemen were just fabricating the story. The witness testified that Cabugao was just frisked and arrested while eating. His father on the otherhand presented evidence to dispute the credibility of the two policemen, one is a certified true copy of the proceedings demoting SPO1 Lumibao and another certified true copy of the decision of the Police Regional Director dismissing SPO2 Domingo from service. Cabugao was later on convicted by the lower court giving credence to the policemen.
ISSUE: won the documents are admissible.
HELD: Yes. The Rules of Court requires that grounds for objection must be specified, whether orally or in writing. The result of violating this rule has been spelled out by this Court in a number of cases. In Krohn vs. Court of Appeals, the counsel for the petitioner objected to the testimony of private respondent on the ground that it was privileged but did not question the testimony as hearsay. We held that “in failing to object to the testimony on the ground that it was hearsay, counsel waived his right to make such objection and, consequently, the evidence offered may be admitted.” In Tan Machan vs. De la Trinidad, the defendant assailed as error the admission of plaintiff’s book of account. We rejected the contention and ruled that an appellate court will not consider any other ground of objection not made at the time the books were admitted in evidence. In the case at bar, the respondent did not assail in the trial court the hearsay character of the documents in question. It is too late in the day to raise the question on appeal.
At any rate, these documentary pieces of evidence cannot be cavalierly dismissed as irrelevant. They have a material bearing on the credibility of the prosecution witnesses, SPO2 Domingo and SPO1 Lomibao. SPO2 Domingo has been dismissed from the service as of February 28, 1997. At the time of the incident on March 12, 1999, he was no longer a policeman and yet misrepresented himself as one. On the other hand, SPO1 Lomibao has been found guilty of drug use. Their credibility as truth tellers leaves much to be desired.