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Philippine Bar review · Question

Practice question: Disqualification of Witnesses

Multiple Choice Medium

Practice question

A married witness is called to testify in favor of the spouse. No confidential communication or other privilege is involved. Does Section 23 bar the testimony solely because they are married?
  1. Yes, all spousal testimony is prohibited
  2. Yes, favorable testimony is expressly barred
  3. No, the current Section 23 restriction concerns testimony against the other spouse
  4. Yes, unless their children agree
  5. Yes, because marriage makes perception impossible

Legal references

  • A.M. No. 19-08-15-SC, Rule 130, Sections 21, 23–24.
  • Reviewed primary authority, Rule 130, Sections 21, 23–24, current amended text: https://lawphil.net/courts/rules/am_19-08-15-sc_2019.html

Answer this question in flashcards to review your response and continue practicing.