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US v Mercado: Witness Credibility Ruling

The defendants were charged with coercion for using force to prevent someone from aiding a person being maltreated. At trial, the prosecutor asked a witness how many times he had been convicted of assault. The defense objected that this was irrelevant. The judge overruled the objection, finding the witness's character relevant. The court ruled the question was improper as it did not impeach the witness's credibility or show a conviction for a serious crime. The objection should have been sustained.

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162 views1 page

US v Mercado: Witness Credibility Ruling

The defendants were charged with coercion for using force to prevent someone from aiding a person being maltreated. At trial, the prosecutor asked a witness how many times he had been convicted of assault. The defense objected that this was irrelevant. The judge overruled the objection, finding the witness's character relevant. The court ruled the question was improper as it did not impeach the witness's credibility or show a conviction for a serious crime. The objection should have been sustained.

Uploaded by

Ikko Esporna
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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US v Mercado 26 Phil 127 (1913)

FACTS: Defendants Pio Mercado, Tomas Mercado and Catalino Mercado were charged with the crime of
coaccion (coercion) for using force and violence on the person of Claro Mercado to prevent him from
rendering aid to Maria Mateo, who was being maltreated by Santiago Mercado. During trial, Santiago
Mercado was presented as a witness. He was asked how many times had he been convicted for assault.
Tomas Mercado objected on the ground that the question was impertinent. The judge overruled the
objection on the ground that the character of the witness has an intimate relation with the facts being
investigated.

ISSUE:

Whether the trial court erred in allowing the question to impugn the witness’ credibility? – YES.

RULING: The question propounded by the prosecution neither attempted to show that the witness
made contradictory statements nor that his general reputation for honesty, truth or integrity is bad.
Evidence may be presented that the witness had been convicted of a high crime. However, in this case,
the offense Santiago Mercado was convicted of (assault and battery) is not a high crime. The objection
of the defense should have been sustained. Whether the witness had been convicted of other crimes is
of no matter to the present case.

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