Short answer. Generally no, not without your consent, while you remain married. The marital disqualification rule bars one spouse from testifying against the other during the marriage, except in a civil case one files against the other, or a criminal case for a crime against the other spouse or their direct descendants or ascendants.

What the law says

During their marriage, the husband or the wife cannot testify against the other without the consent of the affected spouse, except in a civil case by one against the other, or in a criminal case for a crime committed by one against the other or the latter's direct descendants or ascendants.

Rule 130, Section 23 — Disqualification by reason of marriage. Read the full provision →

The general rule protects the marriage, not the witness

This is called marital disqualification, and it belongs to the affected spouse, not to the spouse who would testify. During the marriage, one spouse cannot testify against the other without the consent of the affected spouse — the spouse being testified against has to agree, or the testimony is barred. The rationale is protecting marital harmony and confidence, not shielding wrongdoing, so it is the targeted spouse who controls whether the door opens.

Two situations where the bar does not apply

The rule carves out its own exceptions. It does not apply in a civil case by one spouse against the other — spouses suing each other are already outside the zone the rule protects. It also does not apply in a criminal case for a crime committed by one against the other or the latter's direct descendants or ascendants, since the rule was never meant to shield a spouse who harmed the other spouse's own family.

The rule applies only "during their marriage"

The bar is tied to the marriage being during, meaning the disqualification is a feature of an existing marital relationship. Once that relationship no longer exists in the way the rule contemplates, the specific protection this rule offers stops applying in the same terms, though other evidentiary rules on marital communications made during the marriage may still come into play regardless of the marriage's current status.

Why this distinction matters

Anyone facing the prospect of a spouse testifying against them should look first at which kind of case is involved. In an ordinary case between the couple, or where the harm was directed at the testifying spouse or their own descendants or ascendants, the protection this rule offers simply is not there — the spouse can testify without needing the other's consent. Assuming the general rule applies without checking for these exceptions can lead to an unwelcome surprise in court.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.