Sec. 21. Disqualification by reason of mental incapacity
or immaturity.—The following persons cannot be witnesses:
(a) 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;
(b) 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.
● For
a mentally defective person to be a witness, he must be mentally capable at the
time of production, even if he was not so at the time of perception.
● A child
must be mentally mature both at the time of perception and at the time of
production.
Cases
People v. de Jesus, 129 SCRA 4 (1984) – even though feeble
minded, there is no showing that she could not convey her ideas by words or
signs –competent; even if she had difficulty comprehending the questions.
People v. Salomon, 229 SCRA 402 (1993) – being mental
retardate is not per se a disqualification; although speech was slurred,
testimony was positive, clear, plain and unambiguous.
People v. Mendoza, G.R. No. 113791, Feb. 2, 1996 – any child,
regardless of age, can be a witness as long as he meets the qualifications for
competency: observation, recollection, and communication.
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