Testimonial Evidence

Qualifications of a Witness

Witness
A witness is one who, being present, personally sees or perceives a
thing, a beholder, spectator or eyewitness. One who testifies to what he
has seen or heard, or otherwise observed.

Qualifications of a Witness
All persons who can perceive, and perceiving, can make known their
perception to others, may be witnesses. Religious/political belief,
interest in the outcome of the case, or conviction of a crime unless
otherwise provided by law, shall not be ground for disqualification
[Sec. 21, Rule 130]

Basic Qualifications of a Witness

a. He/she can perceive

a. Corollary to perception is that the witness must have personal
knowledge of the facts surrounding the subject matter of his
testimony [Sec. 22, Rule 130]
b. He/she can make known his perception
a. This means that he/she must have the ability to remember and
communicate the remembered perception
c. He/she must take an oath or affirmation [Sec. 1, Rule 132]
d. He/she must not possess any of the disqualifications

A deaf-mute is competent to be a witness so long as he/she has the

faculty to make observations and he/she can make those observations
known to others [People v. Aleman y Longhas, G.R. No. 181539
(2013)]

Parties declared in default are not disqualified from taking the witness
stand for nondisqualified parties. The law does not provide default as
an exception [Marcos v. Heirs of Navarro, G.R. No. 198240 (2013)]

There is no substantive or procedural rule which requires a witness for

a party to present some form of authorization to testify as a witness for
the party presenting him or her.
When determined
Qualification of a witness is determined at the time the said witness is
produced for examination or at the taking of their depositions.

With respect to children of tender years, competence at the time of

the occurrence is also taken into account.

In case person is convicted of a crime

General rule: Not disqualified The fact that a witness has been convicted
of felony is a circumstance to be taken into consideration as affecting
his character and credibility.
Exception: Otherwise provided by law, e.g. under Art. 821 of the Civil
Code, a person convicted of any of the following crimes cannot be a
witness to a will:

a. Falsification of documents,
b. Perjury; or
c. False testimony

Competency of a Witness
One is qualified to take the witness stand if:
a. He is capable of perceiving at the time of the occurrence of the
fact; and
b. He came make his perception known [Sec. 20, Rule 130]

Competency has reference to the basic qualifications and the absence

of disqualifications of a witness to testify. [Riano, 185, 2016 Ed.]

Competency Presumed
A person who takes the witness stand is presumed to possess the
qualifications of a witness. His competence may be questioned by the
other party by interposing an objection.

Remedy for Errors or Questions on Competence

Appeal, not certiorari, is the proper remedy for the correction of any
error as to the competency of a witness committed by an inferior
court in the course of the trial.
Credibility of a Witness
Credibility has nothing to do with the law or the rules. It refers to the
weight and trustworthiness or reliability of the testimony. [Riano, 185,
2016 Ed.] Questions concerning the credibility of a witness are best
addressed to the sound discretion of the trial court as it is in the best
position to observe his demeanor and bodily movements.

Disqualifications of Witnesses

EFFECT OF INTEREST IN THE SUBJECT MATTER 


A person is not disqualified by reason of his interest in the subject
matter. Interest only affects credibility, not competency.

EFFECT OF RELATIONSHIP

General rule:
Mere relationship does not impair credibility [People v. De Guzman,
G.R. 130809 (2000)]

Exception:
To warrant rejection, it must be clearly shown that: a. Testimony was
inherently improbable or defective b. Improper/evil motives had
moved the witness to incriminate falsely.

Note: Disqualification by reason of mental incapacity or immaturity

(previously Sec. 21, Rule 130) and disqualification by reason of death
or insanity of adverse party aka Dead Man’s Statute (previously Sec.
23, Rule 130) have been deleted in the 2019 Revisions.

Disqualification by Reason of Marriage Also known as

Marital Disqualification Rule

Elements
1. During their marriage
i. The marriage must be valid and existing at the time of the offer of
the testimony
2. The husband or the wife cannot testify against the other
i. The “other” spouse must be a party to the action, either as a
plaintiff or defendant
ii. Note: 2019 Revision removed the words “for or”
3. Without the consent of the affected spouse [Sec. 23, Rule 130]

Except:
Spouse may testify against the other even without the consent of the
latter 1. In a civil case by one against the other; or 2. In a criminal
case for a crime committed by one against the other or the latter's
direct descendants/ascendants [Sec. 23, Rule 130]

Rationale
1. There is identity of interests between husband and wife;
2. If one were to testify against the other, there is a consequent
danger of perjury;
3. Policy of the law is to guard the security and confidence of private
life, and to prevent domestic disunion and unhappiness; and
4. Where there is want of domestic tranquility, there is danger of
punishing one spouse through the hostile testimony of the other.

Duration

General rule:

During their marriage [Sec. 23 Rule 130]

Exception: Where the marital and domestic relations are so strained

that there is no more harmony to be preserved nor peace and
tranquility which may be disturbed, the reason based upon such
harmony and tranquility fails. In such a case, identity of interests
disappears, and the consequent danger of perjury based on that
identity is non-existent.

Scope of Rule

The rule also includes utterance as to facts or mere production of

documents. It does not only prevent disclosure of matters
communicated in nuptial confidence but is an absolute prohibition
against the spouse’s testifying to any facts affecting the other however
these facts may have been acquired. [Herrera]
Waiver of Disqualification
If one spouse imputes the commission of a crime against the other,
the latter may testify against the former. [People v. Francisco, G.R. No.
L-568 (1947)]

Spouses as Co-Accused
The other cannot be called as an adverse party witness under this Rule

Disqualifications by Reason of Privileged Communications;

Rule on Third Parties

Privilege
A privilege is a rule of law that, to protect a particular relationship or
interest, either permits a witness to refrain from giving testimony he
otherwise could be compelled to give, or permits someone usually one
of the parties, to prevent the witness from revealing certain
information. [Herrera]

Privilege may only be invoked by the persons protected thereunder. It

may also be waived by the same persons, either impliedly or expressly.

Husband and Wife Also known as marital privilege

Rationale
Confidential nature of the privilege; to preserve marital and domestic
relations

Elements
1. The husband or the wife
2. During or after the marriage
3. Cannot be examined
4. Without the consent of the other
5. As to any communication received in confidence by one from the
other during the marriage [Sec. 24(a), Rule 130]

Except:
Spouse may testify for or against the other even without the consent of
the latter 1. In a civil case by one against the other, or
2. In a criminal case for a crime committed by one against the other
or the latter’s direct descendants or ascendants. [Sec. 24(a), Rule 130]
A widow of a victim allegedly murdered may testify as to her
husband’s dying declaration as to how he died since the same was not
intended to be confidential [US v. Antipolo, G.R. No. L-13109 (1918)]

Scope:
“Any communication” Includes utterances, either oral or written, or
acts [Herrera]

When not applicable

1. When the communication was not intended to be kept in

confidence
2. When the communication was made prior to the marriage
3. Waiver of the privilege [Herrera]

Waiver
1. Failure of the spouse to object; or
2. Calling spouse as witness on cross examination
3. Any conduct constructed as implied consent. [Herrera]

The objection to the competency of the spouse must be made when

he or she is first offered as a witness. The incompetency is waived by
failure to make a timely objection to the admission of spouse’s
testimony.
Attorney and Client

Elements
As regards an attorney or any person reasonably believed by the client
to be licensed to engage in the practice of law
1. Without the consent of his client
2. Cannot be examined as to
1. Any communication made by the client to him/her, or
2. His/her advice given thereon in the course of, or with a view to,
professional employment [Sec 24(b), Rule 130]

As regards an attorney’s secretary, stenographer, clerk, or other

persons assisting the attorney
1. Without the consent of the client and his/her employer
2. Cannot be examined
3. Concerning any fact the knowledge of which has been acquired in
such capacity [Sec. 24(b), Rule 130]

Subject-matter of the privilege

1. Communications
2. Observations by the lawyer (regardless of medium of transmission
which may include oral or written words and actions)
3. Tangible evidence delivered to a lawyer
4. Documents entrusted to a lawyer

Exceptions

1. Furtherance of crime or fraud

1. If the services or advice of the lawyer were sought or obtained
2. To enable or aid anyone
3. To commit or plan to commit
4. What the client knew or reasonably should have known to be a
crime or fraud [Sec. 24(b)(i), Rule 130]
2. Claimants through same deceased client
1. As to communication relevant to an issue between parties who
2. Claim through the same deceased client
3. Regardless of whether the claims are by testate, intestate, or
inter vivos transaction [Sec. 24(b)(ii), Rule 130]
3. Breach of duty by lawyer or client
1. As to communications relevant to an issue of breach of duty
1. By the lawyer to his/her client; or
2. By the client to his/her lawyer [Sec. 24(b)(iii), Rule 130]
4. Document attested by the lawyer
1. As to communication relevant to an issue concerning an
attested document
2. The lawyer is an attesting witness [Sec. 24(b)(iv), Rule 130]
5. Joint clients
1. As to a communication relevant to a matter of common interest
between two or more clients
2. The communication was made by any of them to
3. The lawyer retained or consulted in common
4. Communication is offered in an action between any of the
clients
5. Neither expressly agreed otherwise [Sec. 24(b)(v), Rule 130]

Identity of Client

General rule:
The attorney-client privilege may not be invoked to refuse to divulge
the identity of the client.

Exceptions:
1. When a strong probability exists that revealing the name would
implicate that person in the very same activity for which he sought
the lawyer’s advice;
2. When disclosure would open the client to liability;
3. When the name would furnish the only link that would form the
chain of testimony necessary to convict [Regala v. Sandiganbayan,
G.R. No. 105938 and G.R. No. 108113 (1996)]

Duration of the privilege

In the absence of a statute, the privilege is permanent. It may even be
claimed by a client’s executor or administrator after the client’s death.

Testimonial Privilege

He or she cannot be compelled to testify.

Parental and Filial Privilege Rule
Applicability
The rule is applied to both civil and criminal cases [Herrera]

The privilege cannot apply between stepmothers and stepchildren

because the rule applies only to direct ascendants and descendants, a
family tie connected by a common ancestry.

A child can waive the filial privilege and choose to testify against his
father. The rule refers to a privilege not to testify, which can be
invoked or waived like other privileges.

Trade Secrets General Rule:

A person cannot be compelled to testify about any trade secret Except:

the non-disclosure will conceal fraud or otherwise work injustice
When disclosure is directed, the court shall take protective measures,
as required by

1. the interests of the owner of the trade secret;

2. the interests of the parties; and
3. the furtherance of justice [Sec. 26, Rule 130]

Note: This is a new rule