Sec.
20. Witnesses; their qualifications. –
Except as provided in the next succeeding section,
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 unless otherwise provided by law, shall not
be a ground for disqualification.
Qualifications of witnesses
1. can
perceive
2. perceiving
3. can
make known their perception to others
NOT ground for disqualification
1. religious
belief
2. political
belief
3. interest
in the outcome of the case, or
4. conviction
of a crime, unless otherwise provided by law, e.g.
a. A state witness must not
have been convicted of any crime involving moral turpitude [Rule 119, Sec. 17
(e)]
b. A person who has been convicted of falsification
of a document, perjury or false testimony is disqualified from being a witness
to a will (Art. 821 NCC)
Who are disqualified from testifying?
1. Total or absolute disqualification (§ 20 and 21, Rule 130, RC)
a. can’t
perceive
b. not
perceiving
c. can’t
make known their perception to others
d. Disqualified
by reason of mental incapacity
e. Disqualified
by reason of mental immaturity
2. Partial or relative disqualification – the witness
is qualified to be a witness but is disqualified from testifying on certain
matters (§
22-24, Rule 130, RC)
a. Disqualified
by reason of marriage
b. Disqualified by reason of death or insanity of
adverse party
c. Disqualified by reason of privileged
communication
Need for distinction
With regards to the subject matter of the testimony, we must make a distinction
between absolute disqualifications and relative disqualifications. Objections
based on absolute disqualifications may be raised upon the calling of the
disqualified witness. Objections based on relative disqualifications may be
raised when it becomes apparent that the subject matter of the testimony covers
inadmissible matters.
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