C.
TESTIMONIAL EVIDENCE
1. Qualification of Witnesses
Section 21. Witnesses; their qualifications. - All persons who can perceive, and perceiving, can
make known their perception to others, may be witnesses. (20a)
Religious or political belief, interest in the outcome of the case, or conviction of a crime, unless
otherwise provided by law, shall not be a ground for disqualification.(20)
A WITNESS is a natural person who testifies in a case or one who gives oral evidence under
oath before a judicial tribunal. Evidence obtained through the presentation of animals is treated
as object evidence.
1. He can perceive; and in perceiving
2. He can make known his perception to others.
3. He must take either an oath or an affirmation
4. He must not possess the disqualifications imposed by law or the rules. (Perjury, False testimony,
convicted of a crime involving moral turpitude,
Methods: In person, oral or written disposition, Affidavit
Section 22. Testimony confined to personal knowledge. - A witness can testify only to those facts
which he or she knows of his or her personal knowledge; that is, which are derived from his or
her own perception. (36a)
Section 23. Disqualification by reason of marriage. - During their marriage, the husband or the
wife cannot testify 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. (22a)
Section 24. Disqualification by reason of privileged communications. - 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 or person reasonably believed bv the client to be licensed to engage in the
practice of law cannot, without the consent of the client, be examined as to any
communication made by the client to him or her, or his or her advice given thereon in the
course of, or with a view to, professional employment, nor can an attorney's secretary,
stenographer, or clerk, or other persons assisting the attorney be examined without the
consent of the client and his or her employer, concerning any fact the knowledge of which
has been acquired in such capacity, except in the following cases
(i) Furtherance of crime or fraud. If the services or advice of the lawyer were sought
or obtained to enable or aid anyone to commit or plan to commit what the client knew
or reasonably should have known to be a crime or fraud;
(ii) Claimants through same deceased client. As to a communication relevant to an
issue between parties who claim through the same deceased client, regardless of
whether the claims are by testate or intestate or by inter vivos transaction;
(iii) Breach of duty by lawyer or client. As to a communication relevant to an issue of
breach of duty by the lawyer to his or her client, or by the client to his or her lawyer;
(iv) Document attested by the lawyer. As to a communication relevant to an issue
concerning an attested document to which the lawyer is an attesting witness; or
(v) Joint clients. As to a communication relevant to a matter of common interest
between two or more clients if the communication was made by any of them to a
lawyer retained or consulted in common, when offered in an action between any of
the clients, unless they have expressly agreed otherwise.
(c) A physician, psychotherapist or person reasonably believed by the patient to be
authorized to practice medicine or psychotherapy cannot in a civil case, without the consent
of the patient, be examined as to any confidential communication made for the purpose of
diagnosis or treatment of the patient's physical, mental or emotional condition, including
alcohol or drug addiction, between the patient and his or her physician or psychotherapist.
This privilege also applies to persons, including members of the patient's family, who have
participated in the diagnosis or treatment of the patient under the direction of the physician or
psychotherapist.
A "psychotherapist" is:
(a) A person licensed to practice medicine engaged in the diagnosis or treatment of a mental
or emotional condition, or
(b) A person licensed as a psychologist by the government while similarly engaged.
(d) A minister, priest or person reasonably believed to be so cannot, without the consent of
the affected person, be examined as to any communication or confession made to or any
advice given by him or her, in his or her professional character, in the course of discipline
enjoined by the church to which the minister or priest belongs.
(e) A public officer cannot be examined during or after his or her tenure as to
communications made to him or her in official confidence, when the court finds that the
public interest would suffer by the disclosure. The communication shall remain privileged,
even in the hands of a third person who may have obtained the information, provided that
the original parties to the communication took reasonable precaution to protect its
confidentiality. (24a)
