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AllBar 2024REMEDIAL LAW, LEGAL AND JUDICIAL ETHICSVII. EVIDENCE (A.M. No. 19-08-15-SC)B. Kinds3. Testimonial Evidence - Rule 130, Ca. Qualifications and Disqualifications of Witnesses - Sections 21-24

Question

Testimonial Evidence - Qualifications and Disqualifications of Witnesses

Marissa is a potential witness in a criminal case. The defense counsel seeks to disqualify her as a witness based on Section 22 of the Rules of Court, which states that a person convicted of a crime involving moral turpitude is disqualified from being a witness. Marissa was previously convicted of estafa, a crime involving moral turpitude.

On the other hand, the prosecution argues that Marissa is qualified to testify under Section 21 of the Rules of Court, which provides that a conviction shall not disqualify a witness from testifying unless the court determines that his credibility has been impaired.

Based on the given facts and applicable laws, discuss whether Marissa is qualified or disqualified as a witness and explain the basis for your conclusion.




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Bar Review Question: Testimonial Evidence - Qualifications and Disqualifications of Witnesses Marissa is a potential wi