3. Testimonial Privilege

Question 1

Testimonial Knowledge codal

Answer 1

A witness can testify only to those facts which he or she knows of his or her personal knowledge; that is, which are derived from his or her own perception. (Sec. 23, Rule 130, ROC)

Question 2

Effect of witness bereft of personal knowledge.

Answer 2

The personal knowledge of a witness is a substantive prerequisite for accepting testimonial evidence that establishes the truth of a disputed fact.

A witness bereft of personal knowledge of the disputed fact cannot be called upon for that purpose because her testimony derives its value not from the credit accorded to her as a witness presently testifying but from the veracity and competency of the extra judicial source of her information. (People of the Philippines v. Estibal, G.R. No. 208749, 26 Nov. 2014