Rights of witnesses
a. The rights against self-incrimination
The right against self-incrimination includes the right to refuse to take the witness stand and
the right to refuse to answer an incriminatory question.
The right against self-incrimination is found in Art. III, Sec. 17 of the 1987 Philippine
Constitution which states that “No person shall be compelled to be a witness against
himself”. This is based on the grounds of public policy and humanity — of policy, because if
the party were required to testify, it would place the witness under the strongest temptation
to commit the crime of perjury, and of humanity, because it would prevent the extorting of
confessions by duress [U.S. vs. Navarro, G.R. No. 1272, 11 January 1904]
The right against self-incrimination applies only to testimonial compulsion.
The right against self-incrimination only applies to testimonial compulsion. In the
American case of Holt vs. U.S. [218 U.S., 245], Justice Holmes elucidated that “the prohibition
of compelling a man in a criminal court to be a witness against himself, is a prohibition of the
use of physical or moral compulsion, to extort communications from him, not an exclusion of
his body as evidence, when it may be material”. It does not apply to a case where the
evidence sought to be excluded is not an incriminating statement but an object evidence
[People vs. Malimit, G.R. No. 109775, 14 November 1996]. Thus, in United States vs. Tan
Teng [G.R. No. 7081, 7 September 1912], the accused was allowed to be examined for
gonorrhea in a rape case
b. Right to Not Be Harassed.
Although the Constitution does not explicitly grant this right, almost every evidence
code contains some sort of prohibition on harassing a witness. This means that during a direct
or cross-examination, a witness cannot be threatened, belittled, or subjected to the same
question repeatedly. It is important to keep in mind, though, that if a witness starts to act
hostile or uncooperative, a lawyer might be able to press the issue further.
1. Qualification of Witnesses (Rule 130. Rules on Admissibility)
Section 20. Witnesses; their qualifications. — Except as provided in the next succeeding
section, all persons who can perceive, and perceiving, can make their known perception to
others, may be witnesses.
Religious or political belief, interest in the outcome of the case, or conviction of a crime
unless otherwise provided by law, shall not be ground for disqualification.
Rule 601. General rule of competency; disqualification of witness.
(a) General rule. – Every person is competent to be a witness except as otherwise provided in
these rules.
(b) Disqualification of witness in general. – A person is disqualified to testify as a witness when
the court determines that the person is:
(1) incapable of expressing himself or herself concerning the matter as to be
understood, either directly or through interpretation by one who can understand him or her, or
(2) incapable of understanding the duty of a witness to tell the truth.
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Obligations of Witnesses. Witnesses have the following obligations: 33 Law on Civil Procedure
(amended in 2012)
Article 84 - To appear as summoned; -
a. To provide an accurate summary of the facts; - To take responsibility in accordance
with the law over any falsehoods given or a refusal to give testimony;
b. The testimony of a witness may be taken at their own abode if necessary or if they
are elderly, disabled, or unable to appear to give testimony for some other reason. Individuals
claiming that a witness is lying must explain their reasoning to the witness, stating the full name
and address of the witness clearly and be liable for the expenses incurred by the witness in
having to appear a second time to resolve the matter in accordance with the law and
regulations.
Rights and obligations of a Witness
(Sec. 3, Rule 132, Revised Rules on Evidence)
SEC. 3. Rights and obligations of a witness. — A witness must answer questions, although his
answer may tend to establish a claim against him. However, it is the right of a witness:
a. To be protected from irrelevant, improper, or insulting questions, and from harsh or
insulting demeanor;
b. Not to be detained longer than the interests of justice require;
c. Not to be examined except only as to matters pertinent to the issue;
d. Not to give an answer which will tend to subject him to a penalty for an offense
unless otherwise provided by law; or
e. Not to give an answer which will tend to degrade his reputation, unless it be to the
very fact at issue or to a fact from which the fact in issue would be presumed. But a witness
must answer to the fact of his previous final conviction for an offense.
Legal Liabilities of witnesses
Can a Witness Refuse to Testify?
No. A witness does not have the same right to avoid testifying as a defendant has. Accordingly,
a witness may be forced to testify.
The witness may be held in contempt of court if they refuse to testify after being
ordered to do so. While a witness cannot decline to testify, that does not obligate them to
provide any requested information.
Generally speaking, a court can compel you to testify after issuing a subpoena outlining
the specific testimony they require.
