TESTIMONIAL EVIDENCE The weakest of all kinds of evidences precisely because it emanates from man who can always try to controvert matters. What are the qualifications? You better memorize the qualifications. It's very simple because almost all problems of the qualification of a witness can be answered through these basic characteristics of a witness. A witness is one who can perceive and perceiving and can make known his perception . So anybody. Can a deaf-mute testify? Can a blind testify? If he can perceive and perceiving and can make known his perception, he can testify. Even if you don't get a perfect score, you will not get a zero for that because that is a correct answer. Can a child of tender age testify? If he can perceive and perceiving can make known his perception, he can testify. In one and recent case wherein a child was asked to testify, the SC allowed the child to testify because they find out that what is the criteria for ability to perceive is not just perceiving but making known your perception to others. This is the case of People v. Bulimlit (not sure), they spoke of the ability to perceive, then ability of communication. And they added the other one, the ability to know the difference between what is right from wrong. In other words, some cases use it as the ability to understand the nature of an oath. In another case, the SC said that the child was not qualified to testify because he cannot perceive and cannot make known his perception. The child was 2 1/2 years old. Can a retardate testify? She was the only witness in a rape case where she was a victim, the defendant's counsel was able to destroy the testimony to the point of even getting an answer that she likes the act of rape. But the SC convicted the accused nonetheless on the sole testimony of the retardate. Rationale: the retardate is qualified because she can perceive and perceiving can make known his perception. Disqualification? Basic exception to the general rule (one can perceive and perceiving can make known his perception) is if the law disqualifies him. So if there is a law disqualifying a person, even if he can perceive and perceiving can make known his perception, he is disqualified. You get that from other laws, substantive laws. We have studied in Rule 119 regarding a state witness. One of the qualifications of a state witness is that he must not have been convicted of a crime involving moral turpitude. If you are convicted of a crime of moral turpitude, you cannot testify as a state witness because the law disqualifies you to testify. If you have been convicted of perjury, defamation or misrepresentation, or forgery, you cannot be a witness to a will under your wills and successions law. And remember, before you authenticate a will, you must present the three instrumental witnesses. If one witness is convicted of perjury etc. then he cannot testify as a witness. Other disqualifications: 1. Mental incapacity or Immaturity. When you speak of maturity, it does not go with age. You may be of age but still immature. You may not be of age but already mature. One who cannot decipher what is good and right. One who does not appreciate the sanctity of an oath. These are signs of immaturity. In other words, you are irresponsible. Who is irresponsible? One who cannot live up to situations. Who is responsible? If he has the ability to respond. So you are irresponsible if the incident calls for a correct response and you did not. But if you are pronounced to be insane or psychotic, you are disqualified. Children, under the Rule on Section 21, because of their maturity but remember that the children may even be more mature than the adults. So this is a case-to-case basis. And because of the Child Witness Rule it has demasculated or efeminated, wherein children cannot testify. Because under the Child Witness Rule, there are a lot of exceptions where a child can testify. There are a lot of what you call testimonial aids. If a child is testifying in a crime of rape, you can give her a doll, then she would testify. What are your parts in the body which are similar to the parts of this doll. Or she can ask to be held by the hand of her grandmother, mother, brother, sister, etc. In fact, two years ago in the bar exams, there was a question about fiddling testimony, this is under the Child Witness Rule.
ANGELO NIO SANTOS, CRESENTE BERNADOS, IRVIN BAUTISTA, IVY MINETTE MENDOZA and SARAH JANE CASAUAY
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ANGELO NIO SANTOS, CRESENTE BERNADOS, IRVIN BAUTISTA, IVY MINETTE MENDOZA and SARAH JANE CASAUAY
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ANGELO NIO SANTOS, CRESENTE BERNADOS, IRVIN BAUTISTA, IVY MINETTE MENDOZA and SARAH JANE CASAUAY
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ANGELO NIO SANTOS, CRESENTE BERNADOS, IRVIN BAUTISTA, IVY MINETTE MENDOZA and SARAH JANE CASAUAY
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ANGELO NIO SANTOS, CRESENTE BERNADOS, IRVIN BAUTISTA, IVY MINETTE MENDOZA and SARAH JANE CASAUAY
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ANGELO NIO SANTOS, CRESENTE BERNADOS, IRVIN BAUTISTA, IVY MINETTE MENDOZA and SARAH JANE CASAUAY
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ANGELO NIO SANTOS, CRESENTE BERNADOS, IRVIN BAUTISTA, IVY MINETTE MENDOZA and SARAH JANE CASAUAY
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ANGELO NIO SANTOS, CRESENTE BERNADOS, IRVIN BAUTISTA, IVY MINETTE MENDOZA and SARAH JANE CASAUAY
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ANGELO NIO SANTOS, CRESENTE BERNADOS, IRVIN BAUTISTA, IVY MINETTE MENDOZA and SARAH JANE CASAUAY
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ANGELO NIO SANTOS, CRESENTE BERNADOS, IRVIN BAUTISTA, IVY MINETTE MENDOZA and SARAH JANE CASAUAY
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ANGELO NIO SANTOS, CRESENTE BERNADOS, IRVIN BAUTISTA, IVY MINETTE MENDOZA and SARAH JANE CASAUAY
UNAUTHORIZED USE AND REPRODUCTION OF THIS MATERIAL IS NOT ALLOWED.
ANGELO NIO SANTOS, CRESENTE BERNADOS, IRVIN BAUTISTA, IVY MINETTE MENDOZA and SARAH JANE CASAUAY
UNAUTHORIZED USE AND REPRODUCTION OF THIS MATERIAL IS NOT ALLOWED.