Relationship to a party has never been recognized as an adverse factor in determining either the credibility of the witness or—subject only to well recognized exceptions none of which is here present—the admissibility of the testimony. At most, closeness of relationship to a party, or bias, may indicate the need for a little more caution in the assessment of a witness’ testimony but is not necessarily a negative element which should be taken as diminishing the credit otherwise accorded to it.25

As to the second assigned error, petitioners argue that the testimonies of Sanson and Celedonia as witnesses to each other’s claim against the deceased are not covered by the Dead Man’s Statute;²⁸ besides, the administratrix waived the application of the law when she cross-examined them.

The administratrix, on the other hand, cites the ruling of the Court of Appeals in its decision on review, the pertinent portion of which reads:

The more logical interpretation is to prohibit parties to a case, with like interest, from testifying in each other’s favor as to acts occurring prior to the death of the deceased.

Since the law disqualifies parties to a case or assignors to a case without distinguishing between testimony in his own behalf and that in behalf of others, he should be disqualified from testifying for his co-parties. The law speaks of "parties or assignors of parties to a case." Apparently, the testimonies of Sanson and Saquin on each other’s behalf, as co-parties to the same case, falls under the prohibition. (Citation omitted; underscoring in the original and emphasis supplied)

But Sanson’s and Celedonia’s claims against the same estate arose from separate transactions. Sanson is a third party with respect to Celedonia’s claim. And Celedonia is a third party with respect to Sanson’s claim. One is not thus disqualified to testify on the other’s transaction.

In any event, what the Dead Man’s Statute proscribes is the admission of testimonial evidence upon a claim which arose before the death of the deceased. The incompetency is confined to the giving of testimony.²⁹ Since the separate claims of Sanson and Celedonia are supported by checks-documentary evidence, their claims can be prosecuted on the bases of said checks.

THIRD DIVISION

G.R. No. 127745            April 22, 2003
FELICITO G. SANSON, CELEDONIA SANSON-SAQUIN, ANGELES A. MONTINOLA, EDUARDO A. MONTINOLA, JR., petitioners-appellants,
vs.
HONORABLE COURT OF APPEALS, FOURTH DIVISION and MELECIA T. SY, as Administratrix of the Intestate Estate of the Late Juan Bon Fing Sy, respondents-appellees.