Rebuttal Evidence

The State has the right to present rebuttal evidence. (Pana vs Judge Buyser, G.R. No. 130144, G.R. Nos. 130502-03, May 24, 2001). In this case, appellants assail the admission of the testimony of Pomoy, Jr. as rebuttal witness on the ground that the prosecution had already rested its case. The Supreme Court held that this is misleading, because in the order of trial set by the rules, the parties may present rebuttal evidence. It is settled that the right to present evidence is reserved to the State no less than to the accused. The rules of evidence permit the use of considerable discretion by the trial courts in the admission of rebuttal evidence. It cannot be said that the trial court abused its discretion in this respect, where the defendant is not taken by surprise and is not prevented from introducing evidence in sur-rebuttal.

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