G.R. No. L-543, October 23, 1902
THE UNITED STATES, complainant-appellee, vs. JOSE MABANAG, defendant-appellant.

FACTS:
The defendant-appellant, Jose Mabanag, was convicted for assault. The prosecution presented two witnesses who positively identified him as the author of the assault. The victim, Gregorio de Leon, was seriously injured and hospitalized. Eight days after the assault, while still in the hospital, Gregorio de Leon signed a written statement concerning the incident in the apparent presence of the defendant. At the trial, this written statement was formally offered in evidence. The defendant, through his counsel, did not object to its admission. Gregorio de Leon had recovered and was in the provinces at the time of the trial and was not presented as a witness. On appeal, the defendant, for the first time, objected to the admissibility of this written statement.

ISSUE:
Whether the written statement of the victim, Gregorio de Leon, which was admitted without objection during trial, can be assailed for the first time on appeal.

RULING:
No. The Supreme Court affirmed the conviction. While the Court noted that the written declaration was “doubtless inadmissible,” it held that the defendant, by failing to object to its admission during trial, is deemed to have consented to its reception. The Court reasoned that a party cannot remain silent at trial, take a chance on a favorable judgment based on the evidence presented, and then raise an objection for the first time on appeal after an unfavorable verdict. The failure to object at the proper time constitutes a waiver of the right to challenge the evidence on that ground. The positive identification by two witnesses, which was not overcome by the defendant’s alibi, supported the conviction. The judgment of the lower court was confirmed.