Goni v.

CA
Ratio Decidendi:

Disqualification by reason of interest is anchored on Section 20(a) of Rule 130, commonly known as the
Survivorship Disqualification Rule or Dead Man Statute.

The object and purpose of the rule is to guard against the temptation to give false testimony in regard to
the transaction in question on the part of the surviving party and further to put the two parties to a suit
upon terms of equality in regard to the opportunity of giving testimony.

It is designed to close the lips of the party plaintiff when death has closed the lips of the party defendant,
in order to remove from the surviving party the temptation to falsehood and the possibility of fictitious
claims against the deceased. But in this case, such provision is inapplicable since such protection was
effectively waived when counsel for petitioners cross-examined Vicente.

"A waiver occurs when plaintiff's deposition is taken by the representative of the estate or when counsel
for the representative cross-examined the plaintiff as to matters occurring during deceased's lifetime.