Petitioner contends that because her direct examination has not been completed and as she has not been cross-examined, her testimony has become useless. Apparently, petitioner is alluding to the rule that oral testimony may be taken into account only when it is complete, that is, if the witness has been wholly cross-examined by the adverse party; until such cross-examination has been finished, the testimony of the witness cannot be considered as complete and may not, therefore, be allowed to form part of the evidence to be considered by the court in deciding the case. The rule will not apply to the instant case.
Private respondent, who was present in court during the August 20, 2003 hearing and did not register any objection to the trial court's order nor move to strike out petitioner's testimony from the records, is deemed to have waived his right to cross-examine petitioner. Thus, petitioner's testimony is not rendered worthless. The waiver will not expunge the testimony of petitioner off the records. The trial court will still weigh the evidence presented by petitioner vis-à-vis that of private respondent's. (De Castro v. De Castro, G.R. No. 172198, June 16, 2009)
Private respondent, who was present in court during the August 20, 2003 hearing and did not register any objection to the trial court's order nor move to strike out petitioner's testimony from the records, is deemed to have waived his right to cross-examine petitioner. Thus, petitioner's testimony is not rendered worthless. The waiver will not expunge the testimony of petitioner off the records. The trial court will still weigh the evidence presented by petitioner vis-à-vis that of private respondent's. (De Castro v. De Castro, G.R. No. 172198, June 16, 2009)
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