Testimonial Evidence – Riano Outline
Nature of testimonial evidence:
Testimonial evidence – evidence elicited from
the mouth of the witness
- Viva voce evidence - means living voice or
by word of mouth
Competent witness- a witness who is qualified
to take a stand and testify; fit or eligible to
testify in a judicial proceeding
- Must be able to perceive
- Have personal knowledge
- Must be able to remember
Presentation and introduction of every kind of
evidence whether object/real or documentary
evidence to be admissible requires
identification by a witness. IDENTIFICATION
PRECEDES AUTHENTICATION. – applies to “self-
authenticating documents”
Reason: document/object evidence cannot
speak for themselves.
GR: Presumption in favor of competence of a
witness:
-party who questions the competence of a
witness must do so by making an objection as
soon as the facts tending to show
incompetency is apparent.
Qualifications of a witness:
Sec 21 as Amended:
Basic qualifications of a witness: (PMOD)
1. Can perceive
-includes that such person must have
personal knowledge of the facts
surrounding the subject matter of his
testimony. – Sec. 36, Rule 130 of RoC
2. Can make known his perception to
other
-involves 2 factors:
a. ability to remember
b. ability to communicate
- deaf-mutes – not necessarily
incompetent as long as they can:
a. understand and appreciate the
sanctity of an oath
b. comprehend facts they are going to
testify to.
c. communicate their ideas through
qualified interpreter
3. Must take either an oath or affirmation
-in accordance with Rule 132, Sec.1 of
RoC
-not qualified if witness is incapable of
understanding the duty to tell the truth
Oath – sworn duty to tell the truth and
nothing but the truth before God
Affirmation – sworn duty to tell the
truth and nothing but omits “So help
me God”.
if such witness refuses to make an oath
or affirmation, he shall dismissed such
proposed witness. – he will not be
allowed to testify.
4. Must not possess any of the
disqualifications imposed by law.
 Testimonial Evidence – Riano Outline

Competency and credibility 2. Political belief

3. Interest in the outcome of the case
Competency Credibility 4. Conviction of a crime unless
-Matter of law or matter of - Of a witness otherwise provided by law. Ex. 821
rule has nothing to of CC.
- refers to basic do with law.  Relationship of a witness with a party
qualifications of a witness - Refers to the does not render him biased where the
weight and quantum of evidence is proof beyond
trustworthine reasonable doubt or only
ss or reliability
preponderance of evidence.
of the
testimony
- Refers to
believability of
a witness B. DISQUALIFICATION OF WITNESSES

[Section 21. Disqualification by reason of

- a competent witness may/may not be
credible
- a credible witness does not always mean he
is a competent witness
mental incapacity or immaturity. (Deleted)]
Survivorship disqualification rule or dead
man’s statute

- Applies only to CIVIL CASE OR SPECIAL

- Bias is not a basis for declaring a witness
PROCEEDING OVER THE ESTATE OF A
incompetent.
DECEASED OF INSANE PERSON.
- Drug abuse will not render a person
- Elements:
incompetent to testify; relevant only if the
a. Suit upon a claim by the plaintiff
witness was under the influence of drugs at
against the estate of said
the time he is testifying or at the time the
deceased/person of unsound mind.
events in question were observed.
b. Defendant is the executor or
*But may serve as grounds for attacking the
administrator or representative of the
credibility of a witness.
deceased or person of unsound mind
c. Witness is the plaintiff of assignor of
that party or a person in whose behalf
*Findings of the trial court as to credibility
the case is prosecuted
of a witness and its assessment of the
d. Subject of the testimony – any matter
probative weight are conclusive.
of fact occurring before the death of
Factors that do not affect the competency of a such deceased person or before such
witness or does not render a witness person became of unsound mind
disqualified.
Effect: renders the witness
1. Religious belief incompetent to testify as to the
 Testimonial Evidence – Riano Outline

transaction because of the possibility of

fraudulence.
 The rule is for the protection of the
guys who died

How to apply the rule:

a. Know who the plaintiff and the

defendant

Plaintiff – person who has a claim against the

estate of the decedent or person of unsound
mind.

Defendant – representative(administrator or
executor) of the decedent or the person of
unsound mind.

administrator or executor of the decedent or

the person of unsound mind - entitled to
invoke the protection of the dead man’s statute

plaintiff against the estate – dead man’s status

is applicable

estate against the plaintiff – deadman’s statute

is not applicable.