COURT  

TESTIMONY 
Atty Val Claudio 

RULE 130 TESTIMONIAL 

EVIDENCE 
Module 1- Week 1 

Definitions 
Testimonial or oral evidence: Evidence elicited from the mouth of the witness as
distinguished  from real and documentary evidence  
Competence of a witness refers to his personal qualifications to testify. It also includes the 
absence of any factor that would disqualify him from being a witness.  
Why is TESTIMONIAL EVIDENCE important? The admission of any evidence requires its 
identification. • Identification precedes authentication. Without a witness testifying, no 
evidence can ever be authenticated. 

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.  

Presumption in favor of competence of witness 

GEN RULE: a person who takes the stand as a witness is presumed to be able to testify. 

• A party who desires to question the competence of a witness must do so by making an

objection  as soon as the facts tending to show incompetency are apparent.  
 Basic qualifications of a witness 

1. He can perceive; and in perceiving 

• The witness must have personal knowledge of the facts surrounding the subject matter
of his  testimony  
2. He can make known his perception to others. 

• Involves 2 factors:  

a. The ability to remember what has been perceived;  

b. The ability to communicate the remembered perception 

 COURT  
TESTIMONY 
Atty Val Claudio 

Question • When deaf-mutes are competent as witnesses: 

a. Can understand and appreciate the sanctity of an oath; 

b. Can comprehend facts they are going to testify to; and 

c. Can communicate their ideas through a qualified interpreter 

3. R132, §1 requires that the examination of a witness in a trial or hearing shall be

done xxx  under oath or affirmation  

4. He must not possess the disqualifications imposed by law or the rules 

Related Case 

RECTO V. REPUBLIC (2004)  

Requirements of a child’s competence as a witness:  

a. Capacity of observation  

b. Capacity of recollection  

c. Capacity of communication there is no showing that as a child, claimant did not

possess the  foregoing qualifications. It’s not necessary that a witness’ knowledge of the
fact to which he  testifies was obtained in adulthood.
 COURT  
TESTIMONY 
Atty Val Claudio 

Read and Understand  

1. WITNESS – ONE WHO, BEING PRESENT, PERSONALLY SEES OR
PERCEIVES A THING, A BEHOLDER, SPECTATOR OR EYEWITNESS;  

ONE WHO TESTIFIES TO WHAT HE HAS SEEN OR HEARD, OR OTHERWISE OBSERVED. 

2. PROSECUTION WITNESS - IT IS A PERSON WHO IS NOT AN ACCUSED AND WHO IS CALLED TO

TESTIFY  RELATING TO A CRIMINAL CASE. 

3. STATE WITNESS – IT IS ONE OF TWO OR MORE PERSONS JOINTLY CHARGED WITH THE
COMMISSION  OF A CRIME BUT WHO IS DISCHARGED WITH HIS CONSENT SO HE THAT HE CAN BE
A WITNESS FOR THE  STATE. 

GUIDES: 
1. ALL PERSONS WHO CAN PERCEIVE, AND PERCEIVING, CAN MAKE KNOWN 
THEIR PERCEPTION TO OTHERS MAY BE WITNESSES.  

RELIGIOUS OR POLITICAL BELIEF, INTEREST IN THE OUTCOME OF THE CASE, OR CONVICTION OF A

CRIME  SHALL BE A GROUND FOR DISQUALIFICATION UNLESS OTHERWISE PROVIDED BY LAW. 

EXCEPTION: WHEN A PERSON IS DISQUALIFIED: 

A. BY REASON OF HIS MENTAL CONDITION OR MENTAL MATURITY; 
B. BY REASON OF PUBLIC POLICY; 
C. BY REASON OF CONFIDENTIAL COMMUNICATION; OR 
D. WHEN DISQUALIFIED BY LAW OR THESE RULES. 

SUMMARY  
Qualities or Abilities a Witness Must Possess 

A. TO OBSERVE B. TO REMEMBER C. TO RELATE D. TO

RECOGNIZE A  DUTY TO TELL THE TRUTH