RULE 130. Sec. 23. Disqualification by reason of
Marriage.
Maximo Alvarez vs. Susan Ramirez, G.R. No. 143439 October 14,
2005
SANDOVAL-GUTIERREZ, J.:
FACTS: Maximo Alvarez set Susan Ramirez’ house on fire.
Susan is Maximo’s sister-in-law. Maximo knew that when he set Susan’s house on
fire, Susan and other members of her family including his sister, Esperanza
(Maximo’s wife) was inside.
Susan Ramirez is the complaining witness in a criminal
case for arson against Maximo pending before the RTC. The prosecutor
called Esperanza Alvarez to the witness stand as the first witness against Maximo,
her husband. Maximo and his counsel raised no objection. Esperanza testified
that he saw his husband pouring gasoline outside Susan’s house.
In the course of Esperanza’s direct testimony, the
latter showed "uncontrolled emotions," prompting the trial judge to
suspend the proceedings.
Maximo filed a motion to disqualify Esperanza
from testifying against him pursuant to Rule 130 of the Revised Rules of Court
on marital disqualification.
RTC disqualified Esperanza from further testifying and
deleting her testimony from the records. CA nullified and set
aside RTC’s decision.
ISSUE: Whether or not Esperanza can testify against her
husband in the criminal case.
HELD: YES. Sec. 22. Rule 130. Disqualification by reason
of marriage. – During their marriage, neither the husband nor the wife may
testify for or 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."
In Ordoño vs. Daquigan, when an offense directly
attacks, or directly and vitally impairs, the conjugal relation, it comes
within the exception to the statute that one shall not be a witness
against the other except in a criminal prosecution for a crime committed by one
against the other.
Obviously, the offense of arson by Maximo, directly
impairs the conjugal relation between him and his wife. His act, as embodied in
the Information for arson filed against him, eradicates all the major aspects
of marital life such as trust, confidence, respect and love by which virtues
the conjugal relationship survives and flourishes.
As shown by the records, prior to the commission of
the offense, the relationship between Maximo and his wife was already strained.
They were separated de facto almost 6 months before the
incident. The evidence and facts presented reveal that the preservation of the
marriage between them is no longer an interest the State aims to protect.
Esperanza is allowed to testify against her husband
in the Arson case.
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