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  • Rule 130 Sec 21 People VS Galas de Castro

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    Marvin Doods de Castro
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    Galas was accused of hacking Gamayon to death, witnessed by Gamayon's 15-year-old son and 6-year-old son Joemar. The defense objected to Joemar testifying due to his young age. However, the court ruled Joemar was qualified to testify, as anyone who can perceive and make known their perceptions can be a witness, regardless of age. The court found no legal basis to disqualify a witness due to young age.

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    Galas was accused of hacking Gamayon to death, witnessed by Gamayon's 15-year-old son and 6-year-old son Joemar. The defense objected to Joemar testifying due to his young age. However, the court ruled Joemar was qualified to testify, as anyone who can perceive and make known their perceptions can be a witness, regardless of age. The court found no legal basis to disqualify a witness due to young age.

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    22 views1 page

    Rule 130 Sec 21 People VS Galas de Castro

    Uploaded by

    Marvin Doods de Castro
    Galas was accused of hacking Gamayon to death, witnessed by Gamayon's 15-year-old son and 6-year-old son Joemar. The defense objected to Joemar testifying due to his young age. However, the court ruled Joemar was qualified to testify, as anyone who can perceive and make known their perceptions can be a witness, regardless of age. The court found no legal basis to disqualify a witness due to young age.

    Copyright:

    © All Rights Reserved
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    PEOPLE VS GALAS

    G.R. 114007

    September 24, 1996

    FACTS: Gamayon was hacked to death by Galas. Witness to the killing were Gamayon’s 15 year old son
    Crisanto, and his 6-year old son Joemar.

    The prosecution presented the testimony of Joemar, but the defense objected. They claimed that due to
    the child’s age, he could not possibly be qualified as a witness.

    ISSUE: Was Joemar qualified, even if he is only 6-years old?

    RULING: YES, he was qualified.

    The Court ruled that

    “All persons who can perceive, and perceiving, can make known their perception to others, may be
    witnesses.

    Religious or political beliefs, interest in the outcome of the case, or conviction of a crime, unless
    otherwise provided by law, shall not be a ground for disqualification.”

    Based from this provision, there is no indication that a person is disqualified from testifying on account
    of tenderness of years.

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