SURVIVORSHIP DISQUALIFICATION RULE

Section 23 of Rule 130

Requisites:

1. The WITNESS is a
(a) party to a case,
(b) or an assignor of a party to a case or
(c) a person in whose behalf a case is prosecuted.

2. The ACTION is against: (a) an executor or administrator or other representative of a deceased person (b) or a person of unsound mind

3. The SUBJECT-MATTER of the action is a claim or demand against:
(a) the estate of the deceased person, or
(b) a person of unsound mind

4. The TESTIMONY of the witness refers to any matter of fact which occurred BEFORE
(a) the death of such deceased person or
(b) such person became of unsound mind.