PART.

II

TESTIMONIAL EVIDENCE
1. How to qualify a witness

All persons who can perceive, and perceiving, can make their known perception
to others, may be witnesses. (Sec. 20, Rule 130)

2. When is a witness qualified to testify

Basic qualifications of a witness:

 he can perceive;
 he can make known his perception to others;
 he must take either an oath or an affirmation; and
 he must not possess any of the disqualifications imposed by law or the
rules.

3. Competency v. Credibility of a witness

Competency is the legal fitness or legal capacity of a person to testify as a
witness. Competency involves a determination of whether the person offered as a witness
has all the qualifications prescribed by law and is not among those disqualified by law or
by the rules of evidence. 

Credibility goes to the character of the witness to be believable or not.

This      goes to the truth of the testimony. It includes the ability of the witness to inspire
belief or not. (batasnatin.org)

4. Grounds for disqualification of a witness

 Disqualification by reason of mental incapacity or immaturity

 Disqualification by reason of marriage

 Disqualification by reason of death or insanity of adverse party

 Disqualification by reason of privileged communication

5. Examination of a witness

The examination of witnesses presented in a trial or hearing shall be done in open

court, and under oath or affirmation. Unless the witness is incapacitated to speak, or the
questions calls for a different mode of answer, the answers of the witness shall be given
orally. (Sec. 1, Rule 132)

6. Rights and obligations of a witness

A witness must answer questions, although his answer may tend to establish a
claim against him. However, it is the right of a witness:

(1) To be protected from irrelevant, improper, or insulting questions, and from

harsh or insulting demeanor;

(2) Not to be detained longer than the interests of justice require;

(3) Not to be examined except only as to matters pertinent to the issue;

(4) Not to give an answer which will tend to subject him to a penalty for an
offense unless otherwise provided by law; or
 (5) Not to give an answer which will tend to degrade his reputation, unless it to be
the very fact at issue or to a fact from which the fact in issue would be presumed.
But a witness must answer to the fact of his previous final conviction for an
offense.

(Sec. 3, Rule 132)

7. Order in the examination of an individual witness

(a) Direct examination by the proponent;

(b) Cross-examination by the opponent;

(c) Re-direct examination by the proponent;

(d) Re-cross-examination by the opponent.

(sec. 4, Rule 132)

8. What is a leading question? Misleading question?

Leading question - A question which suggests to the witness the answer which the
examining party desires is a leading question. It is not allowed, except:

(a) On cross examination;

(b) On preliminary matters;

(c) When there is a difficulty is getting direct and intelligible answers from a
witness who is ignorant, or a child of tender years, or is of feeble mind, or a deaf-
mute;

(d) Of an unwilling or hostile witness; or

(e) Of a witness who is an adverse party or an officer, director, or managing agent

of a public or private corporation or of a partnership or association which is an
adverse party.

Misleading question - one which assumes as true a fact not yet testified to by the
witness, or contrary to that which he has previously stated. It is not allowed. (Sec. 10,
Rule 132)

9. What are the methods of impeaching adverse parties’ witness

1. By contradictory evidence

2. By evidence that his general reputation for truth, honestly, or integrity is bad,
or
3. By evidence that he has made at other times statements inconsistent with his
present testimony. (sec. 11, rule 132)

10. How are the witness impeached by evidence of inconsistent statements

Before a witness can be impeached by evidence that he has made at other times
statements inconsistent with his present testimony, 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. If the
statements be in writing they must be shown to the witness before any question is put to
him concerning them. (Sec. 13, Rule 132)
11. What is the Judicial Affidavit Rule under AM 12-08-08-SC
This Rule shall take the place of direct testimonies of witnesses.

Reason for the rule: decongest the courts of cases and to reduce delays in the
disposition of cases.

Scope of the rule:

 Applies to all actions, proceedings, or incidents requiring the reception of
evidence.
 Applies to all courts, other than the Supreme Court; also to certain non-
judicial bodies.
 Applies to criminal cases where the maximum of the imposable penalty does
not exceed six (6) years.