Course Code: CRI 165

Course Title: Criminal Evidence

Students Activity Sheets: Module #6

Name:____________________________________________________________ Class number: _______

Section: ____________ Schedule: ____________ Date:_______________

Lesson Title: Testimonial Evidence Materials: Ball pen, Paper, Notebook

1. Qualifications of a witness and SAS

Lesson Objectives: References:

1. 2019 amendment to the 1989
At the end of this module, you should be able to: Revised Rules on Evidence (A. M.
1. explain testimonial evidence; and No. 19-08-15-SC)
2. discuss the qualifications and disqualifications of a witness. 2.https://batasnatin.com/law-
library/remedial-
law/evidence/1088-what-need-not-
be-proved-evidence.html

Productivity Tip:
Your goal is just at the tip of your fingers. So, start fulfilling it. Get Score: /45
your materials and start getting ahead. Remember, Mark Twain
said “The secret of getting ahead is getting started”.

A. LESSON PREVIEW/REVIEW

Introduction (2 mins)
Hello! How are you?
This module is still part of rule 130 that is about the admissibility of evidence. The specific content
is about testimonial evidence and the qualifications of witnesses. If you are to remember, the two
immediately preceding modules talk about Object/Real Evidence and Documentary evidence. Thus, this
module talks about the third type of evidence that can be presented in court during trial. The module
therefore will let you know what is testimonial evidence, who is a witness and what are the qualifications
and disqualifications of a witness.
The objective of the module in presenting these topics is for you to be able to explain testimonial
evidence and discuss the qualifications and disqualifications of a witness.

Activity 1: What I Know Chart Part 1 (5 mins) (10 points) Score: over 5
Instructions: In this activity, you will organize what you know and what you
learned about the topic to be discussed. Answer the questions below by writing
them on the space provided. The third column is left blank at this time because
you will answer this during your Activity 4. As long as you completely answered
the chart you will get the perfect points. Write your score on the space provided
above and as a guide, suggested criteria on how to rate your work is provided
under Key to Corrections.

1
 Course Code: CRI 165
Course Title: Criminal Evidence
Students Activity Sheets: Module #6

Name:____________________________________________________________ Class number: _______

Section: ____________ Schedule: ____________ Date:_______________

1. What is testimonial evidence?

2. Who is a witness?

3. What are the qualifications of a

witness?

B. MAIN LESSON

Activity 2: Content Notes (13 mins)

Instructions: Read and understand the concepts below and with
special emphasis on those terms that are written in bold. You may use
your notebook in writing down important terms and concepts.

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.

[Section 21. Disqualification by reason of mental incapacity or immaturity. – (Deleted)]

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 Course Code: CRI 165
Course Title: Criminal Evidence
Students Activity Sheets: Module #6

Name:____________________________________________________________ Class number: _______

Section: ____________ Schedule: ____________ Date:_______________

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.

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.

Section 24. Disqualification by reason of privileged communication[s]. – 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 by 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 the 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 [(2)] 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:

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 Course Code: CRI 165
Course Title: Criminal Evidence
Students Activity Sheets: Module #6

Name:____________________________________________________________ Class number: _______

Section: ____________ Schedule: ____________ Date:_______________

(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.

Extracted from https://batasnatin.com/law-library/remedial-law/evidence/1089-rule-130-rules-of-court-

admissibility-of-evidence.html

I. CONCEPT: This is the third kind of evidence as to form. It is evidence consisting of the narration of a
person, known as a witness, made under oath and in the course of the judicial proceedings in which the
evidence is offered.

II. WITNESS: 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.

A. Necessity of Witnesses: Objects and documents do not explain themselves. Their relevance,
meaning and significance, can only be known through the testimony of a witness. Likewise,
events, as well as persons involved in an event, can only be known through the narration of a
witness.

B. Duty to Testify is a Legal Duty and not just a matter of civic consciousness. This may be
enforced by the imposition of sanctions by the court, such as a citation for contempt and
consequent payment of a fine or imprisonment.

C. The following may NOT be compelled to testify as witnesses:

1. The President while in Office
2. Justices of the Supreme Court
3. Members of Congress while Congress is in Session
4. Foreign Ambassadors to the Philippines
5. Consuls and other foreign diplomatic officials if exempted by a treaty
6. The accused in a criminal case

III. QUALIFICATION OF WITNESSES. Section 21 provides. “All persons who can perceive and
perceiving can make known their perception to others, may be witnesses”.

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 Course Code: CRI 165
Course Title: Criminal Evidence
Students Activity Sheets: Module #6

Name:____________________________________________________________ Class number: _______

Section: ____________ Schedule: ____________ Date:_______________

A. Four Qualities of a Witness

1. Testimonial Quality of Perception
a) Capacity to perceive means to be able to observe by the use of the senses
including the ability to receive impressions from the outside world and to grasp or
understand these impressions.
b) This must exist at the time of the occurrence of the event to which the witness
is testifying even if it is lost at the time of testifying.

2. Testimonial Quality of Memory

a) the ability to retain the impressions received or observations made and to
recollect them in court
b) this must exist at the time of testifying
c) selective memory or lapses in memory affect merely credibility

3. Testimonial Quality of Narration or Communication

a) The ability to interpret, explain, relate or communicate in a manner which can
be understood by the court, either through spoken words, writings, or sign language.
b) It must exist at the time of testifying

4. Testimonial Quality of Sincerity

a) The awareness of both a duty to tell the truth and to be liable in case of
intentional lies, or the recognition of the obligation of an oath
b) The willingness to be placed under oath or affirmation

Activity 3: Skill-building Activities (18 mins + 2 mins checking)

This is a self-assessment; you have to answer the question honestly. After that
check your answers against the Key to Corrections found at the end of this SAS.
If you peep on the answer key, you lose. It is your call. But if you get the
correct answer without looking at the key answer then you win! You’re a
genius! Let’s begin. Write your score on the space provided.

5
 Course Code: CRI 165
Course Title: Criminal Evidence
Students Activity Sheets: Module #6

Name:____________________________________________________________ Class number: _______

Section: ____________ Schedule: ____________ Date:_______________

Score: over 15
3.1 Distinguish the following types of evidence using the table provided.

OBJECT/REAL EVIDENCE DOCUMENTARY EVIDENCE TESTIMONIAL EVIDENCE

Score: over 5
3.2 Who can be a witness?
____________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________

6
 Course Code: CRI 165
Course Title: Criminal Evidence
Students Activity Sheets: Module #6

Name:____________________________________________________________ Class number: _______

Section: ____________ Schedule: ____________ Date:_______________

Activity 4: What I Know Chart Part 2 (2 mins)

Now, you go back to your Activity 1 and then you monitor how
your knowledge has changed by reviewing the questions in the What I
Know Chart from Activity 1 and write your answers to the questions based
on What You Now Learned in the third column of the chart. You write
legibly your answers and avoid erasures.

Activity 5: Check for Understanding (5 mins)

This is a self-assessment; you have to answer the question honestly. After
that check your answers against the Key to Corrections found at the end of
this SAS. If you peep on the answer key, you lose. It is your call. But if
you get the correct answer without looking at the key answer then you
win! You’re a genius! Let’s begin. Write your score on the space provided.

Score: over 20
Explain why the following are disqualified to become witnesses.
DISQUALIFIED WITNESSES REASONS

1. Husband or wife during

marriage

2. Attorney with respect to a

client

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 Course Code: CRI 165
Course Title: Criminal Evidence
Students Activity Sheets: Module #6

Name:____________________________________________________________ Class number: _______

Section: ____________ Schedule: ____________ Date:_______________

3. Physician with respect to a

Patient

4. Minister with respect to a

penitent

C. LESSON WRAP-UP
Activity 6: Thinking About Learning (5 mins)
A. Work Tracker
You are done with this session! Let’s track your
progress. Shade the session number you just completed today.

B. Think About Your Learning

B.1 Instruction: There are two (2) parts of this activity; first I am going to ask you, “What felt confusing
about what you learned today? Support your answer. Write it on the space provided. And then on the
second part would be your self-evaluation on achieving the learning targets.

__________________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
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__________________________________________________________________________________________________
__________________________
 Course Code: CRI 165
Course Title: Criminal Evidence
Students Activity Sheets: Module #6

Name:____________________________________________________________ Class number: _______

Section: ____________ Schedule: ____________ Date:_______________

B.2 This is a self-evaluation on achieving the learning targets: Just place a check (/) mark on the
space provided.
1. I CAN explain what is evidence; and _______

2. I CAN discuss the qualifications of a witness. _______

Object evidence vs. documentary evidence

A document may be offered as object evidence or documentary evidence depending on the
purpose for which it is presented in court. It is object evidence if the purpose of its presentation is to
prove its existence. In contrast, it is documentary evidence if the purpose is to prove the contents of
the document. https://www.pwc.com/ph/en/taxwise-or-otherwise/2017/that-piece-of-
paper.html#:~:text=A%20document%20may%20be%20offered,the%20contents%20of%20the%20docu
ment.

KEY TO CORRECTIONS:
Rubrics on Activity 1 (KL Chart) Rate

Complete answer without erasure 5 (Perfect Score)

Complete answer with erasure 4

Incomplete answers 3

Leaving items blank or without answer 0

Rubrics on Activity 5 Rate

Organization of thoughts 4

Grammar 3

Readability 2

Cleanliness 1

TOTAL 10 Points

Rationale on Activity 3.1

See the definition of object evidence, documentary evidence and testimonial evidence to identify

9
 Course Code: CRI 165
Course Title: Criminal Evidence
Students Activity Sheets: Module #6

Name:____________________________________________________________ Class number: _______

Section: ____________ Schedule: ____________ Date:_______________

difference

Answer on Activity 3.2 Rate

See Sec 21

Answer on Activity 5

See Sec. 24 paragraph a, b, c, d

TEACHER-LED ACTIVITIES:

At-home learning session for the students:

1. Check and grade collected SAS and other input from students.
2. Schedule phone calls/virtual calls/virtual chats to individual students or small
groups of students to monitor work, provide guidance, answer questions, and
check understanding.

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