Short answer. No. Article 821 of the Civil Code expressly disqualifies anyone convicted of perjury or false testimony from witnessing a will. This is an absolute disqualification — the conviction alone bars the person, regardless of how long ago it occurred or whether the sentence has been served.
What the law says
Those who have been convicted of falsification of a document, perjury or false testimony.
Civil Code, Article 821 — Who Cannot Be a Witness. Read the full provision →
The statutory disqualification
Article 821 lists two categories of persons who are disqualified from being witnesses to a will. The first is anyone not domiciled in the Philippines. The second — relevant here — covers those who have been convicted of falsification of a document, perjury, or false testimony. A conviction for any of these offences bars a person from serving as an attesting witness, full stop. The article sets no minimum sentence, no period after which the disqualification expires, and no mechanism for rehabilitation. The conviction creates a permanent bar to witnessing a will.
Why the law imposes this disqualification
The attesting witnesses to a will perform a solemn function. They confirm, under their personal attestation, that the testator signed the will in their presence, that they signed in the testator's presence, and that all formalities were observed. A will must survive probate — a court proceeding where witnesses may be called to testify about what they saw. The credibility of witnesses is therefore central to the integrity of the process. A person convicted of perjury or false testimony has demonstrated a willingness to lie under oath, which is precisely the conduct the law must exclude from the will-witnessing function.
The other disqualification: domicile
Article 821 also disqualifies anyone not domiciled in the Philippines. This reflects the practicality of probate proceedings: witnesses may need to testify in a Philippine court, and someone whose ordinary residence and legal home is abroad is an unreliable witness for that purpose. The will must be witnessed by persons who are genuinely connected to the Philippines and available to be called upon when needed. Neither disqualification can be waived by the testator — both are mandatory requirements of valid will execution.
What this means for will preparation
If you are preparing a will, choose your witnesses carefully. Before finalising them, confirm that each witness is domiciled in the Philippines and has not been convicted of falsification, perjury, or false testimony. If a witness is later found to have been disqualified at the time of execution, the sufficiency of the attestation may be challenged during probate. A defect in the attestation clause can put the entire will at risk. When in doubt, choose a different witness — the cost of replacing a witness before signing is far lower than the cost of a contested probate.