Module 4.3: Testimonial Evidence

This module covers the rules and principles governing testimonial evidence in the Philippines, a crucial area for the Criminology Board Examination.

I. Definition of Testimonial Evidence

Testimonial Evidence is a type of evidence consisting of the sworn statement or declaration of a witness, offered to prove or disprove a fact in issue. It is evidence elicited from the mouth of a witness, as distinguished from real and documentary evidence. This is the most common form of evidence presented in court.

II. Competency and Qualifications of a Witness

The competency of a witness refers to their legal fitness or ability to testify in a judicial proceeding.

General Rule: Every person is presumed competent to be a witness. Under Section 20, Rule 130 of the Rules of Court, all persons who can perceive, and perceiving, can make known their perception to others, may be witnesses.

Factors that DO NOT automatically disqualify a witness:

Religious or political belief
Interest in the outcome of the case
Conviction of a crime (unless otherwise provided by law)

III. Disqualification of Witnesses

While the rule on competency is broad, the law provides for specific disqualifications based on certain grounds.

A. Disqualification by Reason of Mental Incapacity or Immaturity (Sec. 21, Rule 130)

Mental Incapacity: 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.
Immaturity: 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. (Note: The court determines the competency of a child witness through a voir dire examination).

B. Disqualification by Reason of Marriage (Spousal Immunity) (Sec. 22, Rule 130)

Rule: During the marriage, the husband or the wife cannot be compelled to testify for or against the other without the consent of the affected spouse.
Exceptions:
1. In a civil case by one against the other.
2. In a criminal case for a crime committed by one against the other or the latter's direct descendants or ascendants.

C. Disqualification by Reason of Death or Insanity (Dead Man's Statute) (Sec. 23, Rule 130)

Rule: Parties or assignors of parties to a case, or persons in whose behalf a case is prosecuted, against an executor, administrator, or representative of a deceased person, or against a 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.
Purpose: To protect the estate of the deceased or the person of unsound mind from fictitious claims.

D. Disqualification by Reason of Privileged Communication (Sec. 24, Rule 130)

The following persons cannot testify as to matters learned in confidence in the following cases:

Spousal Privilege: 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.
Attorney-Client Privilege: 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.
Physician-Patient Privilege: A person authorized to practice medicine, surgery or obstetrics cannot, in a civil case, 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.
Priest-Penitent Privilege: 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.
Public Officer's Privilege: 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.

IV. Examination of a Witness

The testimony of a witness is elicited through a series of questions in a prescribed order.

Direct Examination: The examination-in-chief of a witness by the party presenting him on the facts relevant to the issue.
Cross-Examination: Upon the termination of the direct examination, the witness may be cross-examined by the adverse party as to any matters stated in the direct examination, or connected therewith. Its purpose is to test the witness's accuracy, truthfulness, and freedom from interest or bias.
Redirect Examination: After the cross-examination, the witness may be re-examined by the party calling him, to explain or supplement his answers given during the cross-examination.
Recross-Examination: Upon the conclusion of the redirect examination, the adverse party may recross-examine the witness on matters stated in his redirect examination, and also on such other matters as may be allowed by the court in its discretion.

V. Impeachment of a Witness

Impeachment is the process of discrediting a witness by attacking their credibility. Under Section 11, Rule 132, a witness may be impeached by the party against whom he was called, by:

Contradictory evidence from other sources.
Evidence that his general reputation for truth, honesty, or integrity is bad.
Evidence that he has made at other times statements inconsistent with his present testimony (prior inconsistent statements).

Laying the Predicate: Before a witness can be impeached by evidence of prior inconsistent statements, the statements must be related to him, with the circumstances of the times and places and the persons present, and he must be asked whether he made such statements, and if so, allowed to explain them.

A party generally cannot impeach his own witness, except:

When the witness is an unwilling or hostile witness.
When the witness is an adverse party.

VI. Multiple Choice Questions

What type of evidence consists of the sworn statement of a witness offered in a judicial proceeding? a) Documentary Evidence b) Real Evidence c) Testimonial Evidence d) Object Evidence
According to the Rules of Court, who may be a witness? a) Only persons who are of legal age and sound mind. b) All persons who can perceive and make their perception known to others. c) Only persons who have a direct interest in the case. d) Only experts in a particular field.
Which of the following is a ground for disqualification of a witness? a) Religious belief b) Interest in the outcome of the case c) Conviction of a crime d) Mental incapacity at the time of testimony
A wife wants to testify against her husband in a criminal case for estafa. The husband objects. Can the wife testify? a) Yes, because it is a criminal case. b) No, because of the spousal immunity rule. c) Yes, if the crime was committed against the wife. d) No, unless the husband gives his consent.
The "Dead Man's Statute" is a rule of disqualification by reason of: a) Privileged communication b) Death or insanity of an adverse party c) Marriage d) Mental immaturity
Which of the following is NOT a recognized form of privileged communication? a) Attorney-Client b) Doctor-Patient c) Journalist-Source d) Priest-Penitent
The examination-in-chief of a witness by the party presenting him is called: a) Cross-examination b) Direct examination c) Redirect examination d) Recross-examination
What is the primary purpose of cross-examination? a) To repeat the testimony given on direct examination. b) To test the accuracy and credibility of the witness. c) To give the witness a chance to correct his testimony. d) To introduce new evidence not related to the direct testimony.
After a witness is cross-examined, the party who called him may re-examine him. This is called: a) Recross-examination b) Direct examination c) Redirect examination d) Hostile examination
The process of discrediting a witness by attacking their credibility is known as: a) Interrogation b) Deposition c) Impeachment d) Arraignment
A witness can be impeached by all of the following, EXCEPT: a) Evidence of a prior conviction for any crime. b) Evidence of a bad reputation for truth and honesty. c) Contradictory evidence from another witness. d) Prior inconsistent statements made by the witness.
The rule that prevents a party from testifying on matters that occurred before the death of the person against whose estate a claim is made is called: a) Spousal Immunity b) Dead Man's Statute c) Attorney-Client Privilege d) Rule on Hearsay
A child witness's competency is determined by the court through a process called: a) Voir dire examination b) Cross-examination c) Direct examination d) Psychological evaluation
The spousal privilege regarding confidential communications applies: a) Only during the marriage. b) Only in civil cases. c) Both during and after the marriage. d) Only if the spouse is the accused.
An exception to the spousal immunity rule is when the criminal case involves: a) A crime against a third person. b) A crime committed by the husband against his wife's direct ascendant. c) A crime against property. d) Any felony.
The procedure of showing a witness his prior inconsistent statement and asking him to explain it is called: a) Confrontation b) Leading the witness c) Offering a tender of excluded evidence d) Laying the predicate
A lawyer is asked to testify about a confidential communication made by his client. The client is present in court and does not object. Can the lawyer testify? a) No, the privilege is absolute. b) Yes, the client's failure to object is considered a waiver of the privilege. c) No, the lawyer can invoke the privilege himself. d) Yes, if the judge orders him to.
A witness is asked a question on cross-examination that is beyond the scope of the direct examination. What is the proper objection? a) Leading question b) Hearsay c) Improper impeachment d) Beyond the scope of direct
A party may impeach its own witness under which circumstance? a) When the witness gives unfavorable testimony. b) When the witness is declared hostile by the court. c) When the witness is a relative of the adverse party. d) Under no circumstance.
The physician-patient privilege can be invoked in which type of case? a) Criminal cases only b) Civil cases only c) Both civil and criminal cases d) Administrative cases only

VII. Answer Key

C - Testimonial Evidence
B - All persons who can perceive and make their perception known to others.
D - Mental incapacity at the time of testimony
D - No, unless the husband gives his consent. (The crime is not against the wife).
B - Death or insanity of an adverse party
C - Journalist-Source (This is not absolute in the Philippines).
B - Direct examination
B - To test the accuracy and credibility of the witness.
C - Redirect examination
C - Impeachment
A - Evidence of a prior conviction for any crime. (Impeachment by prior conviction is limited to crimes involving moral turpitude or dishonesty).
B - Dead Man's Statute
A - Voir dire examination
C - Both during and after the marriage.
B - A crime committed by the husband against his wife's direct ascendant.
D - Laying the predicate
B - Yes, the client's failure to object is considered a waiver of the privilege.
D - Beyond the scope of direct (under American rule, followed in principle here).
B - When the witness is declared hostile by the court.
B - Civil cases only