C.

TESTIMONIAL EVIDENCE
1. Qualification of Witnesses
Section 20. Witnesses; their qualifications. Except as
provided in the next succeeding section, all persons who
can perceive, and perceiving, can make their known
perception to others, may be witnesses.
Religious or political belief, interest in the outcome of the
case, or conviction of a crime unless otherwise provided
by law, shall not be ground for disqualification.
Section 21. Disqualification by reason of mental
incapacity or immaturity. The following persons
cannot be witnesses:
(a) Those whose mental condition, at the time of
their production for examination, is such that
they are incapable of intelligently making known
their perception to others;
(b) Children whose mental maturity is such as to
render them incapable of perceiving the facts
respecting which they are examined and of
relating them truthfully.
Notes:- the qualification and disqualification of witnesses
are DETERMINED as of the TIME said witness are
PRODUCED for examination in court or at the TAKING
of their depositions.
-with respect to CHILD of tender years, their
competence AT the TIME of the OCCURRENCE to be
TESTIFIED to should also be taken into account,
especially if such event TOOK place LONG BEFORE
their production as witnesses.
- the interest which a witness has in the subject matter of
the action or in its outcome DOES NOT disqualify him
from testifying, EXCEPT those covered by the rule on
surviving parties, also known as DEAD MAN STATUTE
or the SURVIVORSHIP DISQUALIFICATION RULE.
-Unless otherwise provided by law, a person convicted of
a crime is NOT disqualified but he must answer to the
fact of a previous final conviction, since the same may
be taken into consideration as affecting his credibility.
-conviction of a crime DISQUALIFIES a CONVICT, those
convicted of falsification of a document, perjury or false
testimony are disqualified from being witnesses to a will
and probate thereof.
-As long as the witness can CONVEY ideas by WORDS
or SIGNS and give sufficiently intelligent answers to
questions propounded, she is a COMPETENT
WITNESS even if she is feeble-minded, or is a mental
retardate or is a schizophrenic.
-Deaf-mutes are competent witnesses when they can 1.
understand and appreciate the sanctity of an oath, 2.
can comprehend facts they are going to testify to, and 3.
can communicate their ideas through a Qualified
Interpreter.

-In the case of a CHILD witness, the court should take

into account his capacity for:
1. OBSERVATION,
2. RECOLLECTION, and
3. COMMUNICATION.
-A child who witnessed the crime when he was 7 yrs old,
and who testified thereto when he was already 15yrs old
is a competent witness (people vs Sabater)
MARITAL DISQUALIFICATION RULE (Applies only to
CIVIL or CRIMINAL CASE)
Section 22. Disqualification by reason of marriage.
DURING their marriage, NEITHER the husband nor the
wife may testify for or 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.
-

In order that the marital disqualification rule will

apply, it is necessary that the 1. marriage is valid
and existing at the time of the offer of testimony,
2. The other spouse is a party to the action.

-Marital disqualification in criminal cases is limited to

crimes committed AGAINST THE OTHER or the
LATTER'S
DIRECT
DESCENDANTS
OR
ASCENDANTS. (sister-in-law is not included)
-However, where the marital and domestic relations are
so strained, the disqualification does not apply because
conjugal relation which the law protects is already
impaired.
DEAD MAN STATUTE or SURVIVORSHIP
DISQUALIFICATION RULE (applies only to CIVIL CASE
or SPECIAL PROCEEDING)
Section 23. Disqualification by reason of death or
insanity of adverse party. Parties or assignor of
parties to a case, or persons in whose behalf a case is
prosecuted, against an executor or administrator or other
representative of a deceased person, or against a
person of unsound mind, upon a claim or demand
AGAINST the estate of such deceased person or against
such person of unsound mind, cannot testify as to any
matter of fact occurring before the death of such
deceased person or before such person became of
unsound mind.
-for the Dead Man Statute to apply, the ff. requisites
must be present: 1. applies only to CIVIL CASE or
SPECIAL PROCEEDING) 2. Witness offered for
examination is a party, or a person in whose behalf a
case is prosecuted, 3. case is Against the executor or
administrator or other representative of a person
deceased or of unsound mind, 4. case is upon a Claim
or demand against the estate of such person who is
deceased or of unsound mind, and 5. Testimony to be
given is on matter of fact occurring before the death of
such deceased person or before such person became of
unsound mind.

-disqualification does not apply where a counterclaim is

interposed by the defendant as the plaintiff would
thereby testifying in his defense. Same is true where the
deceased contracted with the plaintiff thru an agent and
said agent is alive and can testify, but the testimony of
the plaintiff should be limited to acts performed by the
agent.

without the consent of the patient, be examined

as to any advice or treatment given by him or
any information which he may have acquired in
attending such patient in a professional capacity,
which information was necessary to enable him
to act in capacity, and which would blacken the
reputation of the patient;

- It is necessary that said defendant is being sued and

defends in such Representative capacity and not in his
individual capacity. However, even if the property
involved has already been judicially adjudicated to the
heirs, they are still protected under this rule against such
prohibited testimony as they are considered as the
representatives of the deceased.

(d) A minister or priest cannot, without the

consent of the person making the confession, be
examined as to any confession made to or any
advice given by him in his professional character
in the course of discipline enjoined by the church
to which the minister or priest belongs;

-this rule applies regardless of whether the deceased

died before or after the suit against him is filed, provided
he is already dead At the time the testimony is sought to
be given (Babao vs Perez)
-Negative testimony, that is testimony that a fact did not
occur during the lifetime of the deceased is not covered
by the prohibition. (Mendoza vs Vda de goitia)
-this prohibition does Not also apply in cadastral cases
since there is no plaintiff or defendant therein.

(e) A public officer cannot be examined during

his term of office or afterwards, as to
communications made to him in official
confidence, when the court finds that the public
interest would suffer by the disclosure. (21a)
2. Testimonial Privilege
Section 25. Parental and filial privilege. No person
may be compelled to testify against his parents, other
direct ascendants, children or other direct descendants.
3. Admissions and Confessions

-prohibition does not apply even if the requisites are

present when:
1. Testimony is offered to prove a claim less than what is
established under a written document, or
2. Intended to prove a fraudulent transaction of the
deceased, provided such fraud is first established by
evidence aliunde.
Section 24. Disqualification by reason of privileged
communication. The following persons cannot testify
as to matters learned in confidence in the following
cases:
(a) The husband or the wife, during or after the
marriage, cannot be examined without the
consent of the other as to any communication
received in confidence by one from the other
during the marriage 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;
(b) An attorney cannot, without the consent of
his client, be examined as to any communication
made by the client to him, or his advice given
thereon in the course of, or with a view to,
professional employment, nor can an attorney's
secretary, stenographer, or clerk be examined,
without the consent of the client and his
employer, concerning any fact the knowledge of
which has been acquired in such capacity;
(c) A person authorized to practice medicine,
surgery or obstetrics cannot in a civil case,

Section 26. Admission of a party. The act, declaration

or omission of a party as to a relevant fact may be given
in evidence against him.
Admission
-a statement of fact which DOES NOT
involve an acknowledgment of guilt or
liability
may be EXPRESS or TACIT

statement o
ACKNOWLED
LIABILITY
must be EXPR

may be made by third persons

Can be made

admissible against a party

-in some insta

accused
-self-serving declaration is one which has been made
extrajudicially by the party to favour his interests. It is not
admissible in evidence. Where the statement was not
made in anticipation of a future litigation, the same
cannot be considered self-serving.
-flight from justice is an admission by conduct and
circumstantial evidence of consciousness of guilt (U.s vs
Sarilaka)
(*IMPT!*) Section 27. Offer of compromise not
admissible. In CIVIL CASES, an offer of compromise
is not an admission of any liability, and is not admissible
in evidence against the offeror.
In CRIMINAL CASES, EXCEPT those INVOLVING
QUASI-OFFENSES (criminal negligence) or those
allowed by law to be compromised, an offer of
compromise by the accused may be received in
evidence as an IMPLIED ADMISSION OF GUILT.

A PLEA OF GUILTY LATER WITHDRAWN, or an

unaccepted offer of a plea of guilty to lesser offense, is
NOT admissible in evidence against the accused who
made the plea or offer.

> Admissions made in connection with the

winding up of the partnership affairs are still
admissible.
>admissions by counsel are admissible against
the client as the former acts in representation
and as an agent of the client, subject to the
limitation that the same should not amount to
compromise or confession of judgment.

An offer to pay or the payment of medical, hospital or

other expenses occasioned by an injury is not
admissible in evidence as proof of civil or criminal liability
for the injury.

In rape cases, an offer to compromise for a

monetary consideration and not to marry the
victim is an implied admission of guilt.

SC held that an offer of marriage by the

accused, DURING the INVESTIGATION of the
rape case, is also an admission of guilt. (people
vs Valdez)

Section 30. Admission by conspirator. The

act or declaration of a conspirator relating to the
conspiracy and during its existence, may be given in
evidence against the co-conspirator after the conspiracy
is shown by evidence other than such act of declaration.

RES INTER ALIOS ACTA RULE

Section 28. Admission by third party. The RIGHTS
OF A PARTY CANNOT BE PREJUDICED by an act,
declaration, or omission of another, except as hereinafter
provided.
Section 34. Similar acts as evidence. Evidence that
one did or did not do a certain thing at one time is not
admissible to prove that he did or did not do the same or
similar thing at another time; but it may be received to
prove a specific intent or knowledge; identity, plan,
system, scheme, habit, custom or usage, and the like

This rule applies only to EXTRAJUDICIAL ACTS

or statements [and not to testimony given on the
witness stand at the trial where the party
adversely affected has the opportunity to crossexamine the declarant.] (people vs Serrano)

Admission by a conspirator is admissible against

his co-conspirator if the ff. requisites are present:
1. Conspiracy is shown by evidence aliunde.
2. admission was made DURING the existence
of the conspiracy.
3. admission relates to the conspiracy itself.

EXCEPTIONS to the RES INTER ALIOS ACTA RULE

1. Where the third person is partner, agent, joint
owner, joint debtor or has a joint interest with the
party. (sec. 29)

> where there is NO INDEPENDENT evidence of the

alleged conspiracy, the extrajudicial confession of an
accused CANNOT be used against his co-accused as
the res inter alios rule applies to both extrajudicial
confessions and admissions. (People vs Alegre)

2. Co-conspirator (sec.30)
3. Privy of the party (sec.31)
Section 29. Admission by co-partner or agent.
The act or declaration of a partner or agent of
the party within the scope of his authority and
during the existence of the partnership or
agency, may be given in evidence against such
party after the partnership or agency is shown
by evidence other than such act or declaration.
The same rule applies to the act or declaration
of a joint owner, joint debtor, or other person
jointly interested with the party.
Requisites: 1. That the partnership, agency or
joint interest is established by evidence Other
than the act or declaration.
2. Act or declaration is WITHIN the scope of the
partnership, agency or joint interest, and
3. Act or declaration must have been made
during the existence of the partnership, agency
or joint interest.

Section 33. Confession. The declaration of an

accused acknowledging his guilt of the offense charged,
or of any offense necessarily included therein, may be
given in evidence against him.
>Confession may either be oral or in writing. May either
be judicial or extrajudicial.
> To be admissible, the ff. requisites must be present:
1. Confession must involve an Express and
categorical ACKNOWLEDGMENT OF GUILT.
2. facts asmitted must be constitutive of a
criminal offense.
3. Confession must have been given Voluntarily.
4. Inteliggently made.
5. No violation of Sec. 12, Art.3 of the 1987
Constitution.

> where the verbal extrajudicial confession was made

without counsel, but it was spontaneously made by the
accused immediately after the assault, the same is
admissible not under the confession rule, but as part of
the res gestae.

2. Interlocking confessions accused voluntarily

and independently executed identical confessions
without conclusion.
3. Accused admitted the facts stated by the
confessant after being apprised of such confession.

>when the accused was merely told of his

constitutional rights and asked if he understood what he
was told, but he was never asked whether he wanted to
exercise or avail himself of such rights, his extrajudicial
confession is inadmissible.

4. if they are charged as co-conspirators of the

crime which was confessed by one of the accused and
said confession is used only as a corroborating
evidence.

> waiver of the right to counsel during custodial

investigation must be made with the assistance of
counsel.

5. where the confession is used as

circumstantial evidence to show the probability of
participation by the co-conspirator.

> As a GENERAL RULE, extrajudicial confession of an

accused is BINDING ONLY UPON HIMSELF and is Not
admissible against his co-accused, EXCEPT:

6. where the confessant testified for his codefendant.

1. If the latter impliedly acquiesced in or

adopted said confession by not questioning its
truthfulness.

7. where the co-conspirators extrajudicial

confession is corroborated by other evidence of record.