Qualifications of a witness

Except as provided in the next suceeding section,

all persons who can perceive, and perceiving, can
make their known perception to others, maybe
witness. Religious or political belief, interest in the
outcome of the casse, or conviction of a crime
unless otherwise provided by law, shall not be
ground for disqualification.
NOTE: The number of witness does not determine
the outcome of the case. In a case of rape, the
supreme court has held that positive identification
will prevail over the defense of alibi, the latter
being considered as a weaker defense since it
can be easily fabricated.
COMPETENCE VS CREDIBILITY OF A WITNESS

Competency of Witness
Refers to a witness who can perceive and in perceiving, can only make know his perception to
others.
Is a matter of law or a matter of rule.

It also include the absences of and of the disqualification imposed upon a witness.
CREDIBILITY OF WITNESS
Refers to a witness whose testimony is believable
Refers to the weight and worthiness or reliability of the testimony.
NOTE: Discrepancy between the statement of affiant in his affidavit and these made by
him on the wetness stand do not necessarily discredit him because it is a matter of judicial
experience that an affidavit being taken, is almost always incomplete and often inaccurate.
A prospective witness must show that he has the ff. Abilities:

TO OBSERVE

The testimonial quality of perception.

TO REMEMBER

To testimonial quality of memory.

TO RELATE

The testimonial quality of memory.

TO RECOGNIZE A DUTY TO TELL THE TRUTH

The testimonial quality of sincerity.

EXCEMPTIONS: There is prima facie evidence of incopetency in the ff.

The fact that a person has been recently found of unsound mind by a court of competent jurisdiction:

That one is an inmate of an asylum.

 TIME WHEN THE WITNESS MUST POSSESS
THE QUALIFICATIONS
● The qualifications and disqualifications of witness are determined as of the
time sain witnesses are produced for examination in court or at the taking of
their despositions.
MARNIE B. BALICOCO
BSCRIMINOLOGY
TESTIMONIAL EVIDENCE