People v Invencion

Facts: Artemio Invencion was charged before the RTC with 13 counts of rape
against Cynthia, his 16y/o daughter from his first wife Gloria.

Prosecution presented Elven, son of Artemio with his second wife. Elven testified
that before the end of the school year in 1996, he was sleeping in one room with
his father, Cynthia, and 2 younger brothers, he was awakened by Cynthia’s loud
cries. Looking towards her, he saw his father on top of Cynthia, doing a pumping
motion.

The trial court convicted Artemio for one count of rape. Artemio challenges the
competency and credibility of Elven, and argues that Elven should have been
disqualified as a witness against him under the rule on filial privilege.

Issue: Should Elven Invencion be disqualified as a witness pursuant to the rule

on filial privilege? 

Held: No. The competency of Elven to testify is not affected by Section 25, Rule
130 of the Rules of Court, or “filial privilege.” This rule is not strictly a rule on
disqualification because a descendant is not incompetent or disqualified to
testify against an ascendant.