M I DT E RM S I N C O UR T T E ST I M ON Y R AK N A R I N I TU PRIVELEDGE – preventing another to reveal some classified information, to reveal their relationship. A person is permitted by the court to refrain from answering such question. Who can assent the privileged communication? 1. The lawyer 2. Husband and wife are both authorized to assent the privileged. Requirements of the law:
By reason of marriage
Confidential communication between the spouses
Without the consent
Disqualification by reason of marriage is an absolute disqualification. Disqualification by reason of privileged communication between husband and wife is a relative disqualification.
Requisites in Attorney-Client Privilege 1. Neither the client not the attorney has given the consent.
Instances where disqualification of Attorney-Client Privilege cannot apply 1. Communications intended to be made in public. 2. Communications intended for unlawful purposes. 3. If the information received by the attorney of a third person acting as an agent 4. When the information is intended to communicate with other if communication was given by the presence of a stranger.
Can disqualification by Attorney-Client Privilege be compelled to produce the name of the client? Yes, but with exceptions. 1. If there is a possibility that the client would be implicated. 2. When the disclosure would open the client to civil liability. 3. If the prosecution has actually no case against the client however as the lawyer reveals the name, that will furnish the link between the client and link to furnish the case of the client.
Purpose behind the rule on Attorney-Client Privilege 1. To encourage the client to his attorney to the full disclosure of all pert inent facts so as to further apply t he administration of justice.
Requisites on Attorney-Client Privilege 1. There must be a communication made by the client to the attorney or an advice given by the attorney to his client; 2. The communication or advice must have been given in confidence 3. The communication or advice must have been given eithe r in the course of the professional employment or with a view to professional employment.
Dreams must come true ♥
4. Without the consent of the client concerning any fact the knowledge of which has bee n acquired in such capacity. ?? Are dentists, nurses, physicians, etc., covered by disqualification of Physician-Patient Privileged? No, they are not included unless they are acting as an agent of a doctor otherwise they cannot invoke disqualification.
Requisites of Physician-Patient Privileged 1. A person authorized to practice medicine, surgery or obstetrics; 2. It cannot be apply in a civil case; 3. Any information which the physician may acquired in attending such patient in a professional capacity; 4. This would blacken the reputation of the patient. What is the communication covered by t he Physician-Patient Privileged? Not all confidential communication are privilege only those that would blacken the reputation of t he patient. Until when is the duration of the P hysician-Patient Privileged? It lasts even after death of the patient except in a valid waiver of the heirs.
Requisites of the Minister-Penitent Privilege 1. A confession must be given to a pr iest/minister; 2. That the confession was made to or any advice given to him in his professional character; 3. That the disclosure of the confession is without the consent of the person confessing.
Purpose behind the Minister-Penitent Privilege 1. The discipline of confession is enjoined with the religion he/she belongs. 2. To encourage people with moral obligations.
Requisites in Privileged Communications to Public Officers 1. The communication is given during the term of o ffice. 2. The public interest would suffer by the disclosure.
Other privileged that shall not testify 1. Guardian ad litem - guardian appointed by the court in connection with custody or temporary litigation. 2. Publisher, Editor, Reporter of any magazine, newspaper o f general circulation cannot be compelled to reveal the source of their information. 3. The voters cannot be compelled to disclose who they voted. 4. Trade-secrets 5. Bank deposits confidential under Bank Secrecy Law. 6. Informers privileged, prosecution is not compelled to present informers because his information is corroborative. 7. Conciliators and similar official regarding in conciliators proceedings.
Sec 25. Parental and Filial Privileged Purposes/Rationale: a.
To preserve the family ties Dreams must come true ♥
b. To prevent perjury c.
To protect the family relationship
Art 215: No descendants shall be compelled against his parents, grandparents – direct and filial privileged Exception: 1. when such testimony is indispensable in a crime committed Rules of Court (1959) shall prevail over A rticle 215 of the Family Code. The substantive law (1988) must govern.
ADMISSION – any extrajudicial statement or conduct, implied or express by a party to t he present litigation that is inconsistent with the position of a party with presently fixed.
Elements: 1. extrajudicial statement or conduct of a party 2. the admitter is a party to a present litigation 3. the conduct or statement is inconsistent with the position of a party presently fixed
EXTRAJUDICIAL ADMISSION – rebuttable evidence, not conclusive evidence, disputable and admissible as evidence against the accused.
Rule of Admission – the act, declaration or omission of a party as to a relevant fact may be given in evidence against him.
SELF-SERVING DECLARATION – refers to one which a party make extrajudicial to a party to favor his own interest. It is not admissible as evidence against you.
Exception/Instances of Self-Serving Declaration are admissible 1. when they formed art of res gestae 2. when they are in the formed of complaint or explanation of pain or suffering 3. when they are part of a confession offered by the prosecution 4. testimonial rehabilitation is where the credibility of a party has been assailed on the ground that his testimony is a recent fabrication n which case his prior declaration even if self-serving can be admitted as evidence 5. when they are offered by the proponent 6. when they are offered without any objection or waiver
ADMISSION COMPARED TO CONFESSION 1. Every confession is an admission, not all admission is a confession. 2. Admission is an acknowledgement of a fact or circumstance which in itself is sufficient to authorize a conviction and which tends only to establish an ultimate fact while confession is an acknowledgement of guilt. 3. Admission can be made by a third party w hile confession is made by a party himself. 4. Admission can be expressed or implied while confession is always ex pressed.
