1. Qualifications of Witnesses

Question 1

A. Codal on Disqualifaction by reason of marriage.

Answer 1

Section 23. Disqualification by reason of marriage. -

During their marriage, the husband or the wife cannot testify against the other without the consent of the affected spouse,

except in a civil case by one against the other,

or in a criminal case for a crime committed by one against the other or the latter’s direct descendants or ascendants.

Question 2

What is Competency of Witness?

Answer 2

Refers to the basic qualifications of a witness.

It is a matter of law or a matter of rule. It also includes the absence of any of the disqualifications imposed upon a witness.

Question 3

What is Credibility of a Witness?

Answer 3

Refers to the believability of a witness.

Refers to the weight and trustworthiness or reliability of the testimony.

Question 4

What is Absolute Disqualification? vs. Relative?

Answer 4

The proposed witness is prohibited to take the witness stand. (Herrera, 1999)

Disqualification by reason of marriage. (Sec. 23, Rule 130, ROC, as amended)

vs. RELATIVE

The proposed witness is prohibited to testify only on certain matters specified under Secs. 23 and 24 (now only Sec. 24), Rule 130 due to interest or relationship, or to privileges of other parties.

Disqualification by reason of privileged communication. (Sec. 24, Rule 130, ROC, as amended)

Question 5

Is Conviction of a Crime as a Ground for
Disqualification?

Answer 5

GR: Conviction of a crime is not a ground for disqualification as a witness. (Sec. 21, Rule 130, ROC, as amended)

XPNs: Otherwise provided by law, such as the following:

1. Those who have been convicted of falsification of a document, perjury or false testimony are prohibited from being witnesses to a will (Art. 821, NCC);
2. Those who have been convicted of an offense involving moral turpitude cannot be discharged to become a State witness (Sec. 17, Rule 119, ROC, as amended); and
3. Those who fall under the disqualification provided under Secs. 23 and 24, Rule 130.

Question 6

Qualifications of Witnesses

Answer 6

Section 21. Witnesses; their qualifications. - All persons who can perceive, and perceiving, can make known their perception to others, may be witnesses. (20a)

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

Question 7

Disqualification by Reason of Marriage (Marital Disqualification/Spousal Immunity Rule)

Answer 7

During their marriage, the husband or the wife cannot testify against the other without the consent of the affected spouse, except in a civil case by one against the other, or in a criminal case for a crime committed by one against the other or the latter’s direct descendants or ascendants. (Sec. 23, Rule 130, ROC, as amended)

Question 8

Rationale for the Spousal Immunity Rule

Answer 8

a. There is identity of interests between husband and wife;

b. There is a consequent danger of perjury if one were to testify for or against the other;

c. The policy of the law is to guard the security and confidences of private life, even at the risk of an occasional failure of justice, and to prevent domestic disunion and unhappiness; and

d. Where there is want of domestic tranquility, there is danger of punishing one spouse through the hostile testimony of the other. (Alvarez v. Ramirez, G.R. No. 143439, 14 Oct. 2005)

Question 9

Requisites for the Applicability of Spousal
Immunity

Answer 9

1. That the spouse for or against whom the testimony of the other is offered is a party to the case;
2. That the spouses are legally married (valid until annulled);
3. That the testimony is offered during the existence of the marriage; and
4. That the case is not by one against the other. (Herrera, 1999)

Question 10

Exceptions to Spousal Immunity

Answer 10

1. Consent is given by the party-spouse;
2. In a civil case filed by one against the other;
3. In a criminal case for a crime committed by one against the other or the latter’s direct descendants or ascendants (Sec. 23, Rule 130, ROC, as amended);
4. Where the testimony was made after the dissolution of the marriage (Riano, 2019); or
5. Where the spouse-party fails to raise the disqualification, it is deemed a waiver

Question 11

Testimony by the Estranged Spouse

Q: Ivy was estranged from her husband Bob for more than a year due to Bob’s suspicion that she was having an affair with Jeff, their neighbor. Ivy was temporarily living with her sister in Pasig City. For unknown reasons, the house of Ivy’s sister was burned, killing the latter. Ivy survived. Ivy saw her husband in the vicinity during the incident. Later, Bob was charged with arson in an Information filed with the RTC, Pasig City. During the trial, the prosecutor called Ivy to the witness stand and offered her testimony to prove that her husband committed arson. Can Ivy testify over the objection of her husband on the ground of marital privilege? (2006, 2013 BAR)

Answer 11

A: YES. The marital disqualification rule is aimed at protecting the harmony and confidences of marital relations. Hence, 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 marital disqualification no longer applies.

The act of Bob in setting fire to the house of his sister-in-law, knowing fully well that his wife was there, is an act totally alien to the harmony and confidences of marital relations which the disqualification primarily seeks to protect. The criminal act complained of had the effect of directly and vitally impairing the conjugal relation. (Alvarez v. Ramirez, G.R. No. 143439, 14 Oct. 2005)

Question 12

Q: Alex and Bianca are legally married. Alex is
charged in court with the crime of serious
physical injuries committed against Carding,
son of Bianca and stepson of Alex. Bianca
witnessed the infliction of the injuries on
Carding by Alex. The public prosecutor called
Bianca to the witness stand and offered her
testimony as an eyewitness. Counsel for Alex
objected on the ground of the marital
disqualification rule under the Rules of Court.

a. Is the objection valid?

b. Will your answer be the same if Bianca’s
testimony is offered in a civil case for
recovery of personal property filed by
Carding against Alex? (2000, 2004 BAR)

Answer 12

a. NO. While neither the husband nor the wife may testify against each other without the consent of the affected spouse, one exception is if the testimony of the spouse is in a criminal case for a crime committed by one against the other or the latter’s direct descendants or ascendants. (Sec. 23, Rule 130, ROC, as amended) Here, Carding is the direct descendant of Bianca, the wife of Alex. Hence, the testimony of Bianca falls under the exception to the marital disqualification rule.

b. NO. The marital disqualification rule applies this time. One of the exceptions to the marital disqualification rule is when the testimony is given in a civil case by one spouse against the other. Here, the case involves a case by Carding for the recovery of personal property against Bianca’s spouse Alex.