Practice question
During an existing marriage, a spouse is offered as a witness against the other in a criminal case for a crime committed against that spouse's direct ascendant. The affected spouse withholds consent. Under the express exception in Section 23, which is correct?
- The marital disqualification bars testimony in every criminal case
- The specified crime against the direct ascendant falls within an express exception
- The spouse can testify only after divorce
- The direct ascendant must first adopt the witness
- Consent of the accused is always indispensable despite the exception
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.