The Dead Man's Statute

The Dead Man’s Statute or Survivorship Disqualification Rule was designed to protect the interest of a deceased or person of unsound mind. It applies to testimonial evidence.

Under the Rules on Evidence, an interested party or its assignor is prohibited from testifying concerning conversations or transactions with the deceased or person of unsound mind. This is to avoid fraudulent claims against the estate of the decedent or person of unsound mind which cannot be disproved by the deceased or his representative.

Under Section 39 of Rule 130 of the New Rules on Evidence, on which the Rule on Dead Man’s Statute was incorporated, it provides that:

Section 39. Statement of decedent or person of unsound mind. — In an action against an executor or administrator or other representative of a deceased person, or against person of unsound mind, upon a claim or demand against the estate of such deceased person or against person of unsound mind upon a claim or demand against the estate of such deceased person or against such person of unsound mind, where a party or assignor of a party or a person in whose behalf a case is prosecuted testifies on a matter of fact occurring before the death of the deceased person or before such person became of unsound mind, any statement of the deceased or the person of unsound mind, may be received in evidence if the statement was made upon the personal knowledge of the deceased or the person of unsound mind at a time when the matter had been recently perceived by him or her and while or her recollection was clear. Such statement, however, is inadmissible if made under circumstances indicating its lack of trustworthiness.

The "Dead Man’s Statute" states that if one party to the alleged transaction is precluded from testifying by death, insanity, or other mental disabilities, the surviving party is not entitled to the undue advantage of giving his own uncontradicted and unexplained account of the transaction. But before this rule can be successfully invoked the introduction of testimonial evidence, it is necessary that:[1]

1. The witness is a party or assignor of a party to a case or persons in whose behalf a case is prosecuted. 2. The action is against an executor or administrator or other representatives of a deceased person or a person of unsound mind; 3. The subject-matter of the action is a claim or demand against the estate of such deceased person or against a person of unsound mind; and 4. His testimony refers to any matter of fact which occurred before the death of such deceased person or before such person became of unsound mind.

The Dead Man’s Statute is akin to the rule excluding hearsay, thus inadmissible. It is because the testimony of the interested witness relating to conversations or transactions with the deceased person or against a person of unsound mind cannot be tested by contradiction since the other party is dead or of unsound mind. Hence, the Dead Man’s Statute put the parties on equal footing or equal terms as to the opportunity to give testimony.

Nonetheless, section 39 of Rule 130 of the New Rules on Evidence which became effective on 1 May 2020 allows the admissibility of the statement of the deceased or the person of unsound mind under the following conditions:

1. The statement was made upon the personal knowledge of the deceased or the person of unsound mind; and

2. It was made at a time when the matter had been recently perceived by him or her, and while his or her recollection was clear.

Further, the Dead Man’s Statute does not apply to the following:

1. To claims or demands which are not fictitious or those supported by evidence such as promissory notes, contracts, or undertakings, including the testimony of disinterested witnesses.

2. Fraudulent transactions of the deceased or insane person.

3. Acts amount to a crime or tort (quasi-delict).

4. Claims favorable to the estate.

5. An interested person may also testify against the decedent or person of unsound mind if the estate of the decedent or person of unsound mind filed a counterclaim as to matters occurring during the lifetime of the latter.

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Footnote: [1] Sunga-Chan and Sunga vs Chua, G.R. No. 143340, August 15, 2001. #TheDeadMan'sStatute #TestimonialEvidence #RulesOnEvidence