13/08/2026
๐๐ก๐๐ญ ๐๐ซ๐ ๐ฅ๐๐๐๐ข๐ง๐ ๐๐ง๐ ๐ฆ๐ข๐ฌ๐ฅ๐๐๐๐ข๐ง๐ ๐ช๐ฎ๐๐ฌ๐ญ๐ข๐จ๐ง๐ฌ?
Under Section 10, Rule 132 of the 2019 Amendments to the Rules on Evidence, a leading question suggests to the witness the answer desired by the examining party. A misleading question assumes as true a fact not yet testified to by the witness, or assumes a fact contrary to the witnessโs previous testimony.
๐๐๐๐๐ข๐ง๐ ๐ช๐ฎ๐๐ฌ๐ญ๐ข๐จ๐ง. It is generally not allowed because it tends to suggest or supply the answer. It is, however, allowed: on cross-examination; on preliminary matters; when there is difficulty obtaining direct and intelligible answers from a witness who is ignorant, a child of tender years, of feeble mind, or deaf-mute;
when directed to an unwilling or hostile witness; or
when directed to an adverse party, or to an officer, director, or managing agent of an adverse corporation, partnership, or association.
Example: โYou saw the accused strike the victim, did you not?โ
This suggests the answer โYes,โ and is therefore leading.
๐๐ข๐ฌ๐ฅ๐๐๐๐ข๐ง๐ ๐ช๐ฎ๐๐ฌ๐ญ๐ข๐จ๐ง. It is not allowed because it incorporates an unproven or contrary factual premise.
Example: โAfter you saw the accused strike the victim, where did you go?โ
If the witness has not yet testified that he or she saw the accused strike the victim, the question is misleading because it assumes that fact to be true.
Similarly, asking, โYou testified that the place was dark, correct?โ when the witness previously testified that the place was well-lighted is misleading because it assumes a fact contrary to the witnessโs prior testimony.
