TOPIC: COMPETENCY AND CREDIBILITY OF A WITNESS
(RULE 130, REMEDIAL LAW - TESTIMONIAL EVIDENCE)

1. Competency of a Witness

Competency of a witness refers to the legal qualifications of a person to testify in a case. Under Rule 130, Section 20 of the Rules of Court in the Philippines, every person is presumed competent to testify unless the law provides otherwise.

A. General Rule: Universal Competency

Presumption of Competency: All persons, regardless of age, gender, or status, are presumed competent to be witnesses unless explicitly declared incompetent by law.
Test for Competency:
1. Capacity to Perceive: The ability to observe, hear, or otherwise sense and retain the facts for narration.
2. Capacity to Relate Perceptions: The ability to communicate or narrate the facts intelligibly.

B. Exceptions to Competency

The following persons are deemed incompetent to testify:

Those Who Do Not Possess Perception or Communication Skills
- Persons who cannot perceive facts or communicate them, such as those with significant mental incapacity.
Disqualification by Reason of Mental Condition (Sec. 21)
- A witness must possess sufficient mental capacity to comprehend the duty of a witness to tell the truth.
- Persons declared insane are incompetent, except during lucid intervals when their mental capacity is restored.
Children of Tender Years
- A child may testify if they can perceive facts accurately and relate them truthfully. Judges must assess the child’s intelligence, understanding, and moral awareness.
Disqualification by Reason of Marriage (Sec. 22)
- Spouses are generally disqualified to testify for or against each other unless:
  - The testimony involves a crime committed by one spouse against the other or their direct descendants or ascendants.
  - The testimony relates to the spouse’s consent in cases of bigamy, adultery, or concubinage.
Disqualification by Reason of Privileged Communications (Sec. 24)
- Certain relationships create privileges where testimony cannot be compelled:
  - Attorney-client privilege.
  - Doctor-patient privilege.
  - Priest-penitent privilege.
  - Marital privilege.

C. Dead Man’s Statute

Under Sec. 23 of Rule 130, parties or their representatives cannot testify on matters of transactions or communications with a deceased person if the other party to the transaction is deceased or incompetent, to prevent false claims.

2. Credibility of a Witness

Credibility refers to the believability of a witness's testimony based on their reliability and truthfulness. Even a competent witness may be deemed incredible if their testimony lacks credibility.

A. Factors Affecting Credibility

The following factors are considered by courts in assessing a witness’s credibility:

Ability to Perceive and Recollect Events
- A witness must have accurately observed and remembered the facts they are testifying about.
Truthfulness
- The demeanor of the witness during testimony (e.g., confidence, consistency).
- Presence of motives to lie or fabricate testimony (e.g., bias, interest in the outcome).
Consistency
- Consistency of statements during direct examination, cross-examination, and in relation to other evidence presented.
Corroboration
- Testimony supported by independent evidence, such as documents, physical evidence, or other witnesses.
Demeanor
- The court observes the demeanor, conduct, and manner of the witness during testimony as a key indicator of sincerity.

B. Grounds to Challenge Credibility

Bias or Prejudice
- Evidence of personal relationships, enmity, or financial interest that could affect impartiality.
Inconsistent Statements
- Material contradictions between testimony in court and prior statements weaken credibility.
Improbability
- Testimony that is inconsistent with human experience or natural events may be deemed unworthy of belief.
Reputation for Truth and Honesty
- A witness’s credibility may be challenged by presenting evidence of their poor reputation for honesty.

C. Impeachment of a Witness

Impeachment refers to the process of discrediting a witness's credibility. Grounds for impeachment include:

Inconsistent Statements
- Prior inconsistent statements can be introduced to show unreliability.
Interest or Bias
- Evidence of interest or bias may show that the witness has a motive to falsify testimony.
Conviction of a Crime
- Convictions for crimes involving dishonesty or false statements can be used to impeach a witness.
Reputation Evidence
- Testimony from other witnesses regarding the person’s bad reputation for truthfulness in the community.
Mental Incapacity
- Evidence that the witness is mentally unfit to comprehend or recall facts accurately.

D. Rehabilitation of a Witness

If a witness’s credibility has been impeached, they may be rehabilitated by:

Introducing Evidence of Prior Consistent Statements
- Statements made before any alleged motive to fabricate arose.
Character Witnesses
- Calling witnesses to testify on the impeached witness’s good reputation for honesty.

Key Principles from Jurisprudence

Weight of Testimony vs. Number of Witnesses
- The quality of testimony prevails over the number of witnesses. A single credible witness can outweigh multiple unconvincing ones.
Positive Identification
- A witness's positive identification of an accused is given great weight if unshaken by cross-examination and not contradicted by other evidence.
Credibility Trumps Inconsistencies
- Minor inconsistencies in testimony do not discredit a witness if they pertain to trivial details and do not affect material facts.
Court Discretion
- The trial court's assessment of credibility, based on observation of demeanor, is given great deference. Appellate courts rarely overturn findings on credibility unless there is clear abuse of discretion.

3. Practical Applications

Lawyers should assess their witnesses' competency and credibility before trial.
In questioning witnesses, lawyers must aim to highlight credibility while preparing for potential impeachment.
In cross-examination, attorneys should target factors that challenge the opposing witness’s reliability.

This comprehensive approach to competency and credibility of witnesses under Rule 130 ensures a clear understanding of how testimonial evidence is assessed in Philippine courts.