TITLE: Recto vs.

Republic
CITATION: 440 SCRA 79, G.R. No. 160421 October 4, 2004
TOPIC: Testimonial Evidence – Qualifications of Witnesses

FACTS:
Sps. X filed an application in the RTC for registration of title of a lot which they bought from
sisters Y and Z, who inherited such lot from their parents. Y testified that she became aware
of her father’s possession of the subject lot in the concept of owner when she was 13 years of
age. The possession of the lot was corroborated by Z, who testified that when she was 13 years
of age, she first came to know that her father was the owner of the subject lot. What
qualifications should Y and Z possess for them to qualify as competent witnesses?

ANSWER:
A person is competent to be a witness if (a) he is capable of perceiving at the time of the
occurrence of the fact and (b) he can make his perception known. The requirements of a child’s
competence as a witness are: (a) capacity of observation; (b) capacity of recollection; and (c)
capacity of communication.
(Note: Hi all! Giingon ra bitaw sa case nga competent sila but wala gyud gi-discuss ngano.
Lahi ilang gi-focus sa case. Gipaagian ra ni nga topic. 😊 )
TITLE: People vs. Deauna
CITATION: 386 SCRA 136, G.R. Nos. 143200-01 August 1, 2002
TOPIC: Testimonial Evidence – Mental Incapacity or Immaturity

FACTS:
X was charged with 2 counts of rape, with her daughter Y as the victim. The trial court
convicted X. During the pendency of the appeal, Y submitted numerous letters and
manifestations, including an affidavit of desistance, stating that her father had not raped
her, and that she had been insane when she testified in court. An expert witness testified
that Y was diagnosed with psychosis a few weeks before she testified on her affidavit of
desistance. However, the records reveal that it was not yet present at the time of the rape
incidents or immediately thereafter. Is the subsequent insanity of Y a sufficient ground to
discredit her first testimonies?

ANSWER:
No.

Unsoundness of mind does not per se render a witness incompetent. The general rule is that
lunatics or persons affected with insanity are admissible as witnesses, if they have sufficient
understanding to apprehend the obligation of an oath and are capable of giving correct
accounts of the matters that they have seen or heard with respect to the questions at issue.

In this case, Y was competent to testify as witness for the prosecution. The longstanding rule
is that when a woman says that she has been raped, she says in effect all that is necessary
to show that rape has been committed. Moreover, it is not impossible that he or his family
may have been taken advantage of her lack of mental fortitude to persuade her to write those
letters. Lastly, mere retraction by a prosecution witness does not necessarily vitiate her
original testimony.
TITLE: People vs. Macapal, Jr.
CITATION: 463 SCRA 387, G.R. No. 155335 July 14, 2005
TOPIC: Testimonial Evidence – Mental Incapacity or Immaturity

FACTS:
An information for rape was filed against X for raping Y, 23-year old illiterate who appears
to be mentally retarded. A psychiatrist opined that while the mental capacity of Y is
comparable to that of a child between 9 to 12 years old, she could testify in court but under
closed door and leading questions should be avoided as retarded people may be suggestible
and wish to please others. X argued that Y, a mental retardate, is incompetent to establish
his identity for, so he contends, it is not easy to ascertain the identity of a rapist when the
victim is deprived of reason. Can a mental retardate be allowed to testify in court?

ANSWER:
Yes.

Jurisprudence provides that mental retardation per se does not affect credibility. A mentally
retarded may be a credible witness. The acceptance of his or her testimony depends on the
quality of his or her perceptions and the manner he or she can make them known to the court.

As long as a witness’ testimony is straightforward, candid and unflawed by inconsistencies

or contradictions in its material points, and his or her demeanor is consistent with one who
has been victimized to thus bolster credibility with the verity born out of human nature and
experience, credibility can be accorded to him or her.