TESTIMONIAL EVIDENCE 

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. (36a)

A witness must have a personal knowledge on matters that he or she is testifying. A personal knowledge is that which are derived from his or her own personal perception. 

A most basic rule is that a witness can only testify on matters that he or she knows of her personal knowledge. This rule does not change even if the required standard be substantial evidence, preponderance of evidence, proof beyond reasonable doubt, or clear and convincing evidence. (Cited in Re: Verified Complaint of Alfonso Umali, Jr vs. Hon. Jose R. Hernandez, IPI No. 15-35-SB-J, February 23, 2016, Bersamin, J.).

The personal knowledge of a witness is a substantive pre-requisite for accepting testimonial evidence that establishes the truth of a disputed fact. A witness bereft of personal knowledge of the disputed fact cannot be called upon for that purpose because her testimony derives its value not from the credit accorded to her as a witness presently testifying but from the veracity and competency of the extrajudicial source of her information. (Cited in Re: Verified Complaint of Alfonso Umali, Jr vs. Hon. Jose R. Hernandez, IPI No. 15-35-SB-J, February 23, 2016, Bersamin, J.).

To be clear, personal knowledge is a substantive pre-requisite for accepting testimonial evidence to establish the truth of a disputed fact. (Id).

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. (22a)

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.

Explanations:

1. Marital disqualification rule is that 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.

2. On grounds of public policy the wife cannot testify against her husband as to what came to her from him confidentially or by reason of the marriage relation, but this rule does not apply to a dying communication made by the husband to the wife on the trial of the one who killed him. The declaration of the deceased made in extremes in such cases is a thing to be proven, and this proof may be made by any competent witness who heard the statement. (The United States vs. Dalmaceo Antipolo, G.R. No. L-13109, March 6, 1918, En Banc).

3. Applying the foregoing criterion in said case of Ordoño v. Daquigan, this Court held that the rape committed by the husband of the witness-wife against their daughter was a crime committed by the husband against his wife. Although the victim of the crime committed by the accused in that case was not his wife but their daughter, this Court, nevertheless, applied the exception for the reason that said criminal act “positively undermine(d) the connubial relationship.” (Cited in the case of People of the Philippines vs. Hon. Mariano C. Castañeda, Jr. G.R. No. L-46306. February 27, 1979).

4. Inevitably, the spouses (husband or wife) during their marriage and cohabitation can acquire information from each other. To illustrate:

“The husband told his wife that their ‘kumpadre’ has another beautiful and young woman. This information received by the wife during their marriage cannot be revealed before the court or put into a notarized affidavit if the husband does not give his consent for the wife to reveal that. The obvious reason for the rule is privilege communication, and another reason is to encourage communication between spouses since communication is one of the proven tools to a long and lasting marital relationships”. 

5. The common-law spouses, common-law marriage which is prevalently known as the live-in relationship cannot invoke this marital disqualification or the privilege communication. The rule is clear, it says: 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.