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Heirs of Venancio Bajenting vs.

Bañ ez

Ratio Decidendi:

Contrary to the allegations of petitioners, the collective testimonies of Reyes and Oyco are admissible in
evidence despite the fact that when they testified, Margarita Reusora was already dead. Section 20(a),
Rule 130 of the Revised Rules of Court reads:

Section 20. Disqualification by reason of interest or relationship.· The following persons cannot testify as
to matters in which they are interested, directly or indirectly as herein enumerated:

(a) Parties or assignors of parties to a case, or persons in whose behalf a case is prosecuted, against an
executor or administrator or other representative of a deceased person, or against a person of unsound
mind, upon a claim or demand against the estate of such deceased person or against such person of
unsound mind, cannot testify as to any matter of fact occurring before the death of such deceased person
or before such became of unsound mind.

The bar under aforequoted rule applies only to parties to a case, or assignors of parties to a case or persons
in whose behalf a case is prosecuted.

Reyes and Oyco were mere witnesses for respondents, not parties in the court a quo,
nor assignors of any of the parties in whose behalf the case was prosecuted.

Their testimonies were presented only to prove that the petitioners intended to repurchase the property
for profit, and not for the purpose of preserving it for their and their familiesÊ use and enjoyment.