b. Competency

Competency of a Witness<br>

One is qualified to take the witness stand if:

• He is capable of perceiving at the time of the occurrence of the fact; and
• He came make his perception known [Sec. 20, Rule 130]

Competency has reference to the basic qualifications and the absence of disqualifications of a witness to testify. [Riano, 185, 2016 Ed.]

Competency Presumed<br>

A person who takes the witness stand is presumed to possess the qualifications of a witness. His competence may be questioned by the other party by interposing an objection. [Herrera]

Remedy for Errors or Questions on Competence

Appeal, not certiorari, is the proper remedy for the correction of any error as to the competency of a witness committed by an inferior court in the course of the trial [Icutanim v. Hernandez, G.R. No. L-1709, June 8, 1948]

EFFECT OF INTEREST IN THE SUBJECT MATTER

A person is not disqualified by reason of his interest in the subject matter.

Interest only affects credibility, not competency.

Opposition to Petition

Any interested person may file a written opposition on the following grounds:

• Competency of the alleged incompetent; and
• Unsuitability of the person for whom letters are prayed. (R93, S4)

Proof of necessity<br>

The party seeking a competency examination must present proof of its necessity. The age of the child, by itself, is not a sufficient basis. [Sec. 6(a)]

Burden of proof lies with the party challenging the child’s competence. [Sec. 6(b)]