TESTIMONIAL EVIDENCE UNDER RULE 130 OF THE RULES OF COURT

I. Definition

Testimonial evidence refers to the evidence given by a witness under oath or affirmation in open court. It is governed by the provisions of Rule 130 of the Revised Rules on Evidence.

II. Qualities of Testimonial Evidence

Competence – The witness must be legally qualified to testify.
Relevance – The testimony must pertain to the facts in issue.
Credibility – The testimony must be believable and trustworthy.
Personal Knowledge – The witness must testify only on facts they have personal knowledge of, except in cases where expert testimony or exceptions to the hearsay rule apply.

III. Who May Testify?

Section 20. Witnesses in General

All persons who can perceive and can make known their perception to others may be witnesses, except those disqualified by law or the Rules.

IV. Disqualifications to Testify

By Reason of Mental Incapacity or Immaturity (Sec. 21):
- Persons of unsound mind or children below ten (10) years of age are disqualified if they appear incapable of understanding questions and giving intelligent answers.
Dead Man’s Statute (Sec. 23):
- Parties or assignors of parties to a case involving the estate of a deceased person cannot testify against the estate about matters they could not have been lawfully heard to testify if the deceased were alive, except when:
  - There is a waiver by the opposing party.
  - The testimony involves facts that occurred after the death of the decedent.
Marital Disqualification Rule (Sec. 22):
- Spouses cannot testify against each other except in the following:
  - Civil cases filed by one spouse against the other.
  - Criminal cases involving crimes committed by one spouse against the other or their direct descendants or ascendants.
Privileged Communications (Sec. 24):
- Testimony is prohibited on matters covered by:
  - Attorney-client privilege.
  - Doctor-patient privilege.
  - Confessor-penitent privilege.
  - Marital communications during the marriage.

V. Testimonial Process

Direct Examination (Sec. 10, Rule 132):
- The party presenting the witness elicits testimony to establish their claims or defenses.
Cross-Examination (Sec. 6, Rule 132):
- The opposing party questions the witness on matters raised during direct examination. Cross-examination is a matter of right and aims to test the witness's credibility.
Re-Direct Examination (Sec. 7, Rule 132):
- The presenting party clarifies matters raised during cross-examination.
Re-Cross Examination (Sec. 8, Rule 132):
- The opposing party may further examine the witness based on matters discussed during re-direct examination.

VI. Credibility of a Witness

The court evaluates the witness's credibility based on:

Demeanor – Behavior and manner of testimony.
Consistency – Congruence with facts and absence of contradictions.
Reasonableness – Logical coherence and plausibility of the testimony.
Corroboration – Support from other pieces of evidence.

VII. Rules on Presentation of Testimonial Evidence

Examination to be Under Oath (Sec. 1, Rule 132):
- Witnesses must testify under oath or affirmation.
Right to Examine Witnesses (Sec. 5, Rule 132):
- Parties have the right to examine witnesses presented by the opposing side.
Leading Questions (Sec. 10, Rule 132):
- Prohibited in direct examination except:
  - To elicit preliminary matters.
  - When the witness is hostile or an adverse party.
Offer of Testimony (Sec. 34, Rule 132):
- Testimony must be formally offered in evidence.

VIII. Hearsay Rule (Sec. 37, Rule 130)

Definition:
- Hearsay is an out-of-court statement offered to prove the truth of the matter asserted and is inadmissible unless it falls within exceptions.
Exceptions to the Hearsay Rule:
- Res Gestae (Spontaneous statements made contemporaneously with the event).
- Dying Declarations (Statements made by a dying person relating to the cause of their death).
- Declarations Against Interest (Statements against the declarant’s interest at the time of making).
- Entries in Official Records.

IX. Impeachment of a Witness (Secs. 11–14, Rule 132)

Grounds for Impeachment:
- Inconsistent statements.
- Evidence of bias, prejudice, or hostility.
- Prior conviction of a crime involving moral turpitude.
- Bad reputation for truth and veracity.
Procedure:
- Offer evidence showing inconsistencies or other grounds for impeachment.
- Witness may be confronted with prior inconsistent statements.

X. Judicial Notice and Judicial Admissions (Secs. 1–4, Rule 129)

Judicial Notice:
- Facts of common knowledge need not be proven by testimonial evidence.
Judicial Admissions:
- Admissions made in pleadings, stipulations, or open court are binding.

XI. Specific Rules

Child Witness Rule (A.M. No. 00-4-07-SC):
- Child witnesses receive special protections to ensure effective testimony.
Expert Testimony (Sec. 49, Rule 130):
- Testimony by a person with specialized knowledge or skill relevant to the case.
Hostile Witness (Sec. 10, Rule 132):
- A witness who shows antagonism toward the party presenting them may be examined as if on cross-examination.

XII. Weight of Testimonial Evidence

Positive vs. Negative Testimony:
- Positive testimony is generally stronger than negative testimony.
Number of Witnesses Not Controlling (Sec. 3, Rule 133):
- Quality, not quantity, of testimony determines the outcome.

XIII. Role of the Judge (Sec. 6, Rule 133):

The judge must weigh testimonial evidence and consider its credibility, relevance, and consistency with the entirety of the evidence on record.

This encapsulation of Testimonial Evidence under Rule 130 demonstrates the intricate application of law in determining its admissibility, credibility, and weight in judicial proceedings. The rules aim to safeguard the integrity of the judicial process and ensure fair administration of justice.