ALVAREZ v.

RAMIREZ
GR No. 143439 October 14, 2005
Facts:
Respondent Susan Ramirez is the complaining witness in a pending criminal
case for arson against Maximo Alvarez, who is the petitioner in this case.
Maximo Alvarez is the husband of Esperanza G. Alvarez. She is also the sister
of Susan Ramirez.
On June 21, 1999, the private prosecutor called Esperanza to the witness
stand as the first witness against her husband. Maximo and his counsel did
not raise any objection.
o Purpose of the testimony: prove that Maximo committed all the
elements of the crime of arson charged upon him; That he pour
gasoline on the door and ignited the house owned by Susan; That at
the time of the incident, Maximo knew that it was being occupied by
Susan, the members of the family, and Esperanza, the estranged wife
of Maximo.
On June 30, 1999, Alvarez, through counsel, filed a motion to disqualify
Esperanze from testifying against him pursuant to Rule 130 of the Revised
Rules of Court on marital disqualification.
TC: disqualify Esperanza from testifying and delete testimony from record.
CA: reversed
Issue: Can Esperanza Alvarez testify against her husband?
Held: YES.
Section 22, Rule 130 of the Revised Rules of Court
Sec. 22. 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 latters direct
descendants or ascendants.
Reasons for the rule:
1. Identity of interest bet. spouses;
2. If one were to testify for or against the other, there is consequent danger
of perjury;
3. The policy of the law is to guard the security and confidences of private
life, even at the risk of an occasional failure of justice, and to prevent
domestic disunion and happiness; and
4. Where there is want of domestic tranquility there is danger of punishing
one spouse through hostile testimony of the other.
Exceptions are backed by sound reasons which, in the excepted cases,
outweigh those in support of the general rule. For instance, where the marital
and domestic relations are so strained that there is no more harmony to be
preserved nor peace and tranquility which may be disturbed, the reason
based upon such harmony fails.
The records show that prior to the commission of the offense, the relationship
between Maximo and his wife was already strained.

o
o

Separated for 6 months

Preservation of marriage is no longer an interest the State aims to
protect