WITNESS

SHELLAJEAN M. OMAR, M.S., L.P.T.

DEFINITION OF WITNESS

 WITNESS: Reference to a
person who testifies in a
case or gives evidence
before a judicial tribunal.
QUALIFICATION OF A WITNESS

A. all
persons who can perceive, and
perceiving,

B. can make known their

perception to others, may be
witnesses.
ADDITIONAL REQUIREMENT TO
BECOME A WITNESS

 A. hemust take either an oath or an

affirmation

 B. hemust not possess the

disqualification imposed by law or the
rules
 RULE 130: Rules of Admissibility
C. Testimonial evidence
1. Qualification of witness
 OLD RULE 2019 AMENDMENT
 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 This section was deleted under the 2019
making known their perception to others; Amendments
 (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.
 Disqualification by reason of marriage. —
During their marriage, neither the husband
nor the wife may testify for or 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.
 Disqualification by reason of death or
insanity of adverse party. — Parties or
assignor of parties to a case, or persons in
whose behalf a case is prosecuted, against an
executor or administrator or other
representative of a deceased person, or
against a person of unsound mind, upon a
claim or demand against the estate of such
deceased person or against such person of
unsound mind, cannot testify as to any
matter of fact occurring before the death of
such deceased person or before such
person became of unsound mind.
 Disqualification by reason of privileged
communication. — The following persons cannot
testify as to matters learned in confidence in the
following cases:chanroblesvirtuallawlibrary

 (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 cannot, without the consent
of his client, be examined as to any
communication made by the client to him, or
his advice given thereon in the course of, or
with a view to, professional employment, nor
can an attorney's secretary, stenographer, or
clerk be examined, without the consent of
the client and his employer, concerning any
fact the knowledge of which has been
acquired in such capacity;
 (c)A person authorized to practice medicine,
surgery or obstetrics cannot in a civil case,
without the consent of the patient, be
examined as to any advice or treatment
given by him or any information which he
may have acquired in attending such patient
in a professional capacity, which information
was necessary to enable him to act in
capacity, and which would blacken the
reputation of the patient;
 (d)A minister or priest cannot, without
the consent of the person making the
confession, be examined as to any
confession made to or any advice given by
him in his 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 his term of office or afterwards, as
to communications made to him in official
confidence, when the court finds that the
public interest would suffer by the
disclosure.
 Sec. 25 . Parental and filial privilege. — No
person may be compelled to testify
against his parents, other direct
ascendants, children or other direct
descendants.
OTHER INSTANCES OF
PRIVILEGE
 RA 53 as amended by RA 1477, the publisher,
editor or duly accredited reporter of any
newspaper, magazine or periodical of general
circulation cannot be compelled to reveal the
source of any news report or information
information appearing in said publication
unless the court or a House or committee of
Congress finds that such revelation is
demanded by the Security of the State.
 · Art. 233 of the Labor Code - All information
and statements made at conciliation
proceedings shall be treated as privileged
communications and shall not be used as
evidence in the NLRC, and conciliators and
similar officials shall not testify in any court
regarding any matter taken up at the
conciliation proceedings conducted by
them.

 · Voters cannot be compelled to reveal their

ballots
 · Trade Secrets will be covered by this privilege

 · Informer’s Privilege: Prosecutor is not to be

compelled to dispose the identity of the informer
unless the informer is already known to the accused
and when the identity of the informer is vital.

 · Those covered in the Secrecy of Bank Deposits Law

 · EO 464: Executive Privilege

 · Income Tax returns

 · Anti-Graft Cases
 KINDS OF WITNESSES

ORDINARY WITNESS

EXPERT WITNESS
ORDINARY WITNESS

 Ordinary Witness, defined: That which

who is of ordinary capacity and who has by
opportunity acquired a particular
knowledge which is outside the limits of
common observation and which may be of
value in elucidating a matter under
consideration.
OPINION OF ORDINARY WITNESS
 Opinion of a witness for which proper basis is
given, may be received in evidence regarding:

 (a) The identity of a person about whom he

has adequate knowledge;
 (b) A handwriting with which he has sufficient
familiarity; and
 (c) The mental sanity of a person with whom
he is sufficiently acquainted.

 The witness may also testify: on his

impressions of the emotion, behavior, condition
or appearance of a person (Shorthand
Rendering of Facts).
EXPERT WITNESS
 Expert Witness, defined: One who
belongs to the profession or calling to
which the subject matter of the
inquiry relates to and who possesses
special knowledge on questions on
which he proposes to express an
opinion.

 *those witnesses that do not fall under the

definition is an ordinary witness
 EXPERT VS. ORDINARY
State that he has perceived and Can only tell what his senses
also give his opinion, deductions, have perceived
or conclusions to the
perception

Must be skilled in the art, May not be skilled on the line he

science, or trade he is testifying is testifying

Testify on the things which he Cannot testify on things he has

has not seen by giving his not perceived except those
opinion, deductions, or provided for by law
conclusions on the statements
of facts
QUALIFICATION OF AN EXPERT
WITNESS

US vs Tiano provide that:

 1. the degree of the learning of a witness;

 2. the basis and logic of his conclusion; and

 3. the other proof of case.

PROBATIVE VALUE OF AN EXPERT
TESTIMONY
- Whether or not the courts are bound by the
testimony of an expert: DEPENDS on the nature of
the inquiry.

- ONLY when the subject of inquiry is of such a

technical nature that a layman can possibly have no
knowledge thereof that courts must depend and
rely upon experts.

- Conflicting expert evidence have neutralizing effect

on contradictory conclusions. They generate doubt.
PROBATIVE VALUE OF AN EXPERT
TESTIMONY

- It is NOT conclusive BUT purely advisory.

- The courts are not bound by the expert’s

findings.
EXAMPLES WHEN AN EXPERT
WITNESS IS NECESSARY

 Rules on Handwriting Expert Evidence

 On Paraffin Tests for Firearm Use
 Rules on Paternity Testing
 On DNA Testing
 On Evidence Obtained By Sound
Recording
REFERENCES:

 BAR NOTES OF DEAN MAWIS

 EVIDENCE BOOK BY RIANO

 EVIDENCE BOOK BY REGALADO

 CHAN ROBLES WEBSITE