ALBIOLA, Maria Dariz G.

RULE 130 Section 20 — Witnesses

Republic v CA
CADASTRAL PROCEEDINGS

FACTS: Lot No 10739 was subject of Cadastral Proceedings instituted by the Director of Lands
before the RTC of Ligao City.

Romeo Divinaflor claims ownership of said lot by virtue of possession for over thirty years.

However, when the case was called for initial hearing, nobody offered opposition hence, an ORDER OF
GENERAL DEFAULT against the whole world was issued. The claimant was allowed to present his evidence.
Divinaflor acquired said lot by means of a Dead of Sale executed by the previous owner Marcial Listana, in
favor of the former. He also presented Tax Declarations under his name. He continued planting on the land
for the benefit of his family.

The land was surveyed in the name of the previous owner per Certification of the CENRO and is evidenced
by the Official Receipt of the costs of the cadastral survey.

***THE RTC ordered the registration and confirmation of the lot to the claimant and Nenita Radan.

***Director of Lands appealed; CA AFFIRMED RTC'S judgment. The appellee has convincingly established
open, continuous, peaceful and adverse possession.

***SC: Petitioner actually raises factual issues.

ISSUE: WON the claimant Divinaflor who testified on the possession of Marcial Listana for the period
required by law is credible as a witness

WON Divinaflor is incompetent to be a witness

HELD:

SC: The witnesses' interest in the outcome of a case shall not be a ground for disqualification. In the case
at bar, both the RTC and the CA found Divinaflor's testimony to be convincing.

The issue of incompetency of Divinaflor to testify on the possession of his predecessor-in-interest is likewise
unavailing and must be REJECTED. There was no timely objection on the ground of incompetency of
Divinaflor to testify.
ALBIOLA, Maria Dariz G.

"when a witness is produced, it is a right and privilege accorded to the adverse party to object to his
examination on the ground of incompetency to testify. If a party knows before trial that a witness is
incompetent, objection must be made before trial that a witness is incompetent, objection must be made
before he has given any testimony; if the incompetency appears on the trial, it must be interposed as soon
as it becomes apparent."

A PERSON IS COMPETENT AS A WITNESS WHEN:

a) He is capable of perceiving at the time of the occurrence of the fact and;

b) he can make his perception known

The requirements of a child’s competence as a witness are:

(a) Capacity of observation; (b) capacity of recollection; and (c) capacity of communication.

Divinaflor was four y/o in 1945

SC DENIED appellant's petition.