People v.
Quidato
GR# 117401 | 297 SCRA 1 | October 1, 1998
Petitioner: PEOPLE OF THE PHILIPPINES
Respondent: BERNARDO QUIDATO JR.
DOCTRINE: The Marital Disqualification rule only applies between husband
and wife but does not preclude the wife from testifying when it involves other
parties and accused.
FACTS
1. Bernardo Quidato Jr. was charged with the crime of parricide for
allegedly killing his father, Bernardo Quidato Sr. where the
information read that Bernardo Jr., along with the Malita Brothers,
conspired and successfully killed Bernardo Sr. All three of them
were tried jointly.
2. The prosecution presented Gina Quidato, Bernardo Jr.’s wife, as
witness, where she testified that she overheard Bernado Jr. and the
Malita Brothers planning to go to her father-in-laws house to get
money from the latter. She had no idea, however, as to what later
transpired because she had fallen asleep.
3. Bernardo Jr. objected to Gina Quidato’s testimony on the ground
that the same was prohibited by the marital disqualification rule
found in Section 22 of Rule 130 of the Rules of Court. The judge
knowing the applicability of the rule, allowed the said testimony only
against the Malita Brothers.
4. On the other hand, the Malita brothers confessed to their
participation in the crime, withdrawing their plea of “not guilty” and
executing affidavits detailing how Bernardo was killed. The trial
court found Bernardo Jr., guilty beyond reasonable doubt as a co-
principal in the offense of Parricide.
Hence, this petition.
ISSUE
1. W/N the testimony of Bernardo Jr.’s wife is disqualified?
RULING & RATIO
- YES
1. But only as to her husband, Bernardo Jr. Under the Marital
Disqualification rule, the disqualification is only between husband
and wife, but the law does not preclude the wife from testifying
when it involves other parties or accused.
2. Hence, Gina Quidato could testify in the murder case against the
Milita Brothers, which was jointly tried with Bernardo Jr.’s case. This
testimony cannot, however, be used against accused-appellant
directly or through the guise of taking judicial notice of the
proceedings in the murder case without violating the marital
disqualification rule. What cannot be done directly cannot be done
indirectly.
DISPOSITION
Petitioner is hereby Acquitted based on reasonable doubt.
NOTE: On the issue on admission by conspirator.
1. In this case, the prosecution relied heavily on the affidavits
executed by the Malita Brothers. Where the brothers confessed to
the crime and it was Bernardo Jr. who proposed that they rob and
kill his father. Where on the same day, they went to his father’s
house, and upon the latter opening the door, one of the brothers
punched him down to the floor and the other hack him with a bolo.
2. The brothers were, however, not presented on the witness stand to
testify on their extra-judicial confessions.
3. The failure to present the two gives these affidavits the character of
hearsay. It is hornbook doctrine that unless the affiants themselves
take the witness stand to affirm the averments in their affidavits, the
affidavits must be excluded from the judicial proceeding, being
inadmissible hearsay.
4. The voluntary admissions of an accused made extrajudicially are
not admissible in evidence against his co-accused when the latter
had not been given an opportunity to hear him testify and cross-
examine him
5. Likewise, the manner by which the affidavits were obtained by the
police render the same inadmissible in evidence even if they were
voluntarily given. The settled rule is that an uncounseled
extrajudicial confession without a valid waiver of the right to counsel
that is, in writing and in the presence of counsel is inadmissible in
evidence.
6. It is undisputed that the Malita brothers gave their statements to
Patrolman Mara in the absence of counsel, although they signed
the same in the presence of counsel the next day.
7. Given the inadmissibility of the Gina’s testimony and of the Malita
Brothers’, therefore nothing remains on record with which to justify
the conviction of Bernardo Jr., for parricide no matter how
suspicious the latter may seem.