FACTS:

Susan Ramirez is the complaining witness in Criminal Case No. 19933-MN for arson against Maximo Alvarez, her brother-in-law. During the trial, the private prosecutor called Esperanza Alvarez, Maximo's wife and Susan's sister, as a witness against Maximo. Esperanza testified that she saw Maximo pouring gasoline on Susan's house and setting it on fire. Maximo filed a motion to disqualify Esperanza from testifying against him, invoking the rule on marital disqualification. The trial court granted the motion and disqualified Esperanza from further testifying. The Court of Appeals nullified the trial court's orders and allowed Esperanza to testify against Maximo.

ISSUES:

1. Whether Esperanza Alvarez can testify against her husband, Maximo, in Criminal Case No. 19933-MN.

RULING:

1. Yes, Esperanza Alvarez can testify against her husband. Section 22, Rule 130 of the Revised Rules of Court provides that 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 cases where one commits a crime against the other or their direct descendants or ascendants. However, the rule on marital disqualification has exceptions, and these exceptions apply when the marital relations are strained, and there is no harmony or peace to be preserved. In this case, Maximo's act of setting fire to Susan's house, with the alleged intent of injuring Esperanza, directly impairs the conjugal relationship between him and Esperanza. The offense of arson eradicates major aspects of marital life such as trust, confidence, respect, and love, which are virtues that the conjugal relationship relies on. The fact that Maximo and Esperanza were already separated before the incident further supports the finding that the preservation of their marriage is no longer an interest the State aims to protect. The State, being interested in discovering the truth, has the right to offer Esperanza's testimony against Maximo, even against his objection. Therefore, the Court of Appeals' decision allowing Esperanza to testify against Maximo is affirmed.