PEOPLE vs. SOTA and GADJADLI, G.R. No. 203121, November 29, 2017, RULE 130, SECTION 21. Qualification of witnesses.

 

RULE 130, SECTION 21. Qualification of witnesses.

PEOPLE vs. SOTA and GADJADLI, G.R. No. 203121, November 29, 2017

MARTIRES, J.:

FACTS: Sota, Gadjadli, close friends and neighbor of the victim, Artemio Eba (Artemio), demanded food from Artemio, Artemio was willing to comply but insisted that he would hand the food through an opening in the wall being afraid to open the door as he might be harmed. Sota and others started to burn Artemio’s house. Artemio’s daughter was able to escape the house.

The following day, Jocelyn, together with her brothers and sisters, found Artemio's body with stab and gunshot wounds. Jocelyn was brought to the police station where she executed her affidavit. The house was totally burned.  Sota and Gadjadli were charged with murder and arson. They pleaded not guilty. Prosecution called to the witness stand Jocelyn and Abelardo. Sota and Gadjadli contends that Jocelyn failed to elucidate who were the actual perpetrators and how the alleged crimes were carried out. They claimed that the tales of the events were all speculations and self-serving perceptions

RTC found them guilty beyond reasonable doubt of the crime of Murder and Arson. CA found Jocelyn a credible witness who held her ground even during the cross-examination. That the requisites in order that circumstantial evidence may be sufficient for conviction had been satisfied in these cases and which proved beyond reasonable doubt that Sota and Gadjadli, together with three other unidentified individuals, killed Artemio and burned his house.

ISSUE: Whether or not Jocelyn is a credible witness

HELD: YES. Although Jocelyn was only 12 years old when the incident happened and when called to the witness stand, she possessed all the qualification and none of the disqualification to testify in these cases:

Sec. 20. Witnesses; their qualifications. - Except as provided in the next succeeding section, all persons who can perceive, and perceiving, can make known their perception to others, may be witnesses. Religious or political belief, interest in the outcome of the case, or conviction of crime unless otherwise provided by law, shall not be a ground for disqualification.

Sec. 21. Disqualification by reason of mental incapacity or immaturity. -The following persons cannot be witnesses: (a) Those whose mental condition, at the time of their production for examination, is such that they are incapable of intelligently making known their perception to others; (b) Children whose mental maturity is such as to render them incapable of perceiving the facts respecting which they are examined and of relating them truthfully.

Jocelyn's young age had no bearing on her qualification to testify on what happened. As the rules show, anyone who is sensible and aware of a relevant event or incident, and can communicate such awareness, experience, or observation to others can be a witness. Significantly, even under the crucible of an intense cross-examination, Jocelyn never wavered in her narration as to the incidents that led to the killing of Artemio and the burning of their house, and in the affirmative identification of Sota and Gadjadli as two of the five persons who were responsible for these crimes.