On
sc logo

Qualifications of Witness

Witness
Reference to a person who testifies in a case or gives evidence before a judicial tribunal.

Competency of a Witness
Is the legal fitness or ability of a witness to be heard on the trial of a cause.

General Rule
When a witness takes the stand to testify, the law, on grounds of public policy, presumes that he is competent. The court cannot reject the witness if there is not proof of his incompetency.

General Rule
All persons who can perceive, and, perceiving, can make their known perception to others, may be witnesses. Religious/political belief, interest in the outcome of the case, or conviction of a crime unless
otherwise provided by law, shall not be ground for disqualification.

Exception: Disqualifications:
1. By reason of mental incapacity or immaturity
2. By reason of marriage
3. By reason of death/insanity of the adverse party

The burden is upon the party objecting to the competency of a witness to establish the grounds of incompetency.

It is the judge who makes the decision as to the competency of the witness.

The objection to the competency of a witness must be made before he has given any testimony if a party knows before the trial that the witness is incompetent, and if the incompetency appears on the trial, the objection must be interpreted as soon as it becomes apparent.

When the incompetency of a witness is only partial, the objection need not be raised until he is asked to testify to those matters as to which he is incapacitated.

The testimony of the interested witness, while rightfully subjected to careful scrutiny, should not be rejected on the grounds of bias alone.

The interest of the witness affects only his credibility but not his
competency.

When an attorney is a witness to his client, except as to merely
formal matters, such as the attestation or custody of an instrument
and the like, he should leave the trial of the case to other counsel.
Except when essential to the ends of justice, a lawyer should avoid
testifying in court in behalf of his client.

It is objectionable for a judge to be a witness on the same trial. However, the trial judge is competent when his testimony concerns merely formal or preliminary matters about which there is no dispute,
as where he testifies in a perjury prosecution that the defendant gave testimony before him in another proceeding in another court.

Persons who have been convicted of perjury is cannot be discharged as a witness for the government when he is a co-accused in a criminal case. The same goes for witnesses to a will.

Upon the timely objection to the incompetency of a witness being raised, it is the duty of the court to make such examination as will satisfy him as to the competency or incompetency of the witness to
testify in the case, and thereupon, to rule on the objection accordingly.

The failure to object to the competency of a witness is tantamount to a waiver and once the evidence is admitted the same shall stay in the records and be judged according to its merits; the judge has no right
to discard it solely for the reason that it could have been excluded had it been objected to.

Acts of a party entitled to object that can be considered as waiver of an objection:
1. Where the party fails to raise the objection when the witness testifies, though at that time the party knows of his incompetency
2. Where one party who might have made the objection calls the witness in support of his own case.


Testimonial or oral evidence is evidence elicited from the mouth of a witness. It is sometimes called viva voce evidence which literally means “living voice” or by word of mouth. In this kind of evidence, a human being (witness) is called to the stand, is asked questions, and answers the question asked of him.

Who may be a witness? – All persons who can perceive, and perceiving, can make their known perception to others, may be witnesses.

Grounds for disqualifying a witness:
1. Disqualification by reason of marriage;
2. Disqualification by reason of privileged communication:
a. Marital privilege;
b. Attorney-client privilege;
c. Doctor-patient privilege;
d. Minister-penitent privilege; or
e. Public officer as regards communications made in official confidence.

Are persons who had been convicted of a crime disqualified to become witnesses in court? – No. As a general rule, conviction of a crime is not a ground for disqualification as a witness.

As a general rule, conviction of a crime is not a ground to disqualify a witness. The exceptions are:
1. Those who have been convicted of falsification of a document, perjury, or false testimony are prohibited from being witnesses to a will;
2. Those who have been convicted of an offense involving moral turpitude, cannot be discharged to become a State witness; and
3. Those who fall under the disqualification provided under Secs. 23 and 24, Rule 130 (Disqualification because of marriage and disqualification because of privileged communications.

Attorney-Client Privilege Disqualification Rule – it is a rule which states that 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 therein in the court of, or with a view to, professional employment, nor can an attorney’s secretary, stenographer, 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.

Requisites for the attorney-client privilege to apply:
1. There must be a communication made by the client to the attorney, and/or advice given by the attorney to his client;
2. The communication or advice must be given in confidence; and
3. The communication or advice must be given either in the course of the professional employment or with a view of professional employment.

Physician-Patient Privilege Rule – it is a rule which states that 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.

Requisites for the applicability of the Physician-Patient Privilege:
1. The privilege is claimed in a civil case;
2. The person against whom the privilege is claimed Is one duly authorized to practice medicine, or psychotherapy, or a person reasonably believed by the patient to be authorized to practice medicine or psychotherapy;
3. It is without the consent of the patient;
4. The subject matter is 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.

Priest-Penitent Privilege Rule – it is a rule that states that 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 courts of discipline enjoined by the church to which the minister or priest belongs.

Requisites for the applicability of the Priest-Penitent Privilege:
1. The confession must have been made to the minister, priest, or person reasonably believed to be to in his professional character, in the courts of discipline enjoined by the church to which the minister or priest belongs; and
2. Communications made must be confidential and must be penitential, e.g., under the seal of the confessional