TESTIMONIAL EVIDENCE a).

The awareness of both a duty to tell the truth and to

  be liable in case of intentional lies, or the recognition of
I. CONCEPT: This is the third kind of evidence as to the obligation of an oath
form. It is evidence consisting of the narration of a b). The willingness to be placed under oath or
person, known as a witness, made under oath and in the affirmation
course of the judicial proceedings in which the evidence  
is offered. B. Additional Requirement in cases under the Rules on
  Summary Procedure : The intended witness must
II. WITNESS: A witness is a natural person who testifies have  (i) executed a sworn statement (ii) submitted
in a case or one who gives oral evidence under oath before hand to the court and (iii) is present in court and
before a judicial tribunal. Evidence obtained through the is available for cross-examination by the adverse party.
presentation of animals is treated as object evidence.  
  C. COMPETENCY of a witness
A. Necessity of Witnesses: Objects and documents do  
not explain themselves. Their relevance, meaning and 1. Distinguished from credibility: Competency is the legal
significance, can only be known through the testimony fitness or legal capacity of a person to testify as a
of a witness. Likewise, events, as well as persons witness. Competency involves a determination of
involved in an event, can only be known through the whether the person offered as a witness has all the
narration of a witness. qualifications prescribed by law and is not among those
  disqualified by law or by the rules of evidence. ( Note:
B. Duty to Testify is a Legal Duty and not just a matter One who is not qualified is loosely termed as
of civic consciousness. This may be enforced by the “incompetent” which is not the accurate term) 
imposition of sanctions by the court, such as a citation  
for contempt and consequent payment of a fine or Credibility goes to the character of the witness to be
imprisonment.    believable or not. This      goes to the truth of the
  testimony. It includes the ability of the witness to inspire
C. The following may not compelled to testify as belief or not.
witnesses:  
  Hence a witness maybe competent but is not credible. 
1.    The President while in Office  
2.    Justices of the Supreme Court 2. Presumption of Competency: When a person is
3.    Members of Congress while Congress is in Session offered as a witness, he is presumed to be
4.    Foreign Ambassadors to the Philippines competent.  He who claims otherwise has the burden of
5.    Consuls  and other foreign diplomatic officials if proving the existence of a ground for disqualification.
exempted by a treaty  
6.    The accused in a criminal case a). The Method of questioning the competency is by
  raising an objection to the presentation of the witness or
III. QUALIFICATION OF WITNESSES. Section 20 to his continued testimony.
provides. “All persons who can perceive and perceiving b). The time to raise an objection is as soon as the
can make known their perception to others, may be ground becomes apparent which may either be: (i) at
witnesses”.    the time the person is offered and presented to be a
  witness and before he actually testifies or (ii). At the
A. Four Qualities of a Witness time he is actually testifying.
   
1. Testimonial Quality of Perception IV. DISQUALIFICATION of a witness
a). Capacity to perceive means to be able to observe by  
the use of the senses including the ability to receive A. Who Are Disqualified: General Rule: Only those
impressions from the outside world and to grasp or expressly covered under the enumerations by law
understand these impressions. maybe disqualified from testifying
b). This must exist at the time of the occurrence of the  
event to which the witness is testifying even if it is lost B. Exclusivity of The Grounds for Disqualification: The
at the time of testifying. grounds are limited exclusively and restrictively to those
  enumerated by the law. The following are not grounds:
2. Testimonial Quality of Memory (i) interest in the outcome of a case (ii) relationship to a
a).  the ability to retain the impressions received or party, as both affect merely credibility (iii). Sex (iv). race
observations made and to recollect them in court (v). creed (vi). property or (vii). prior conviction of a
b). this must exist at the time of testifying crime.
c). selective memory or lapses in memory affect merely  
credibility C. Kinds of Disqualification
  1. Total or absolute - the person is disqualified from
3. Testimonial Quality of Narration or Communication being a witness due to a physical or mental cause
a). The ability to interpret, explain, relate or 2. Partial or relative- the witness is disqualified from
communicate in a manner which can be understood by testifying only on certain matters but not as to others
the court, either through spoken words, writings, or sign facts
language.   
b). It must exist at the time of testifying D. Voir Dire Examination: the examination conducted by
  the court on the competency of a witness whenever
4. Testimonial Quality of Sincerity there is an objection to the competency of the witness
and is usually made before the witness starts with his
testimony. The party objecting maybe allowed to
present evidence  on his objection or the court itself may I. Statement of the Rule: During the marriage neither
conduct  the questioning on the witness.  spouse ( i.e. the witness spouse) may testify for or
  against the other (i.e. the Party spouse)  without the
Section 21. Disqualification by reason of Mental consent of the affected spouse ( i.e. the party spouse). 
Incapacity  
or immaturity. II. Reason for the Rule
  A. Identity of Interest:  hence compelling a person to
I. These are the two grounds for absolute incapacity. testify against the spouse is tantamount to compelling
  the witness to testify against himself.
II. Mental Incapacity: those whose mental condition at B. To avoid the danger of admitting perjured testimony
the time of their production for examination, is such that and to prevent the witness spouse from being liable for
they are incapable of intelligently making known their perjury.
perception to others. C. As a matter of public policy of preserving the marital
  relationship, family unity, solidarity and harmony.
A. They include the following: D. To prevent the danger of punishing the party spouse
  through hostile testimony, especially in cases of
1. Medically Insane persons unless they are testifying domestic troubles between the spouses.
during their lucid intervals.  
a). Sanity is presumed, it is the opponent who must III. Requisites for Applicability
prove this ground.  
  A. One Spouse is a party to a case, whether civil or
b). However, the party presenting the witness must criminal, singly or with other third persons
prove sanity in these two instances: (i) if the witness  
has been recently declared as of unsound mind by the B. The spouses are validly married. These include
court or by a competent physician (ii.  is an inmate in an voidable marriages as well as those where there is a
asylum or mental institution. presumption of a valid marriage in the absence of a
  marriage contract.
2. Persons medically sane may be considered as legally  
insane if at the time they are to be presented as 1. Bigamous marriages and common-law relationships
witness, they are incapable of testifying truthfully or of are excluded.
being aware of the obligation to testify. Included here 2. The reason behind or purpose behind the marriage is
are drunks, those under the influence of drugs or immaterial, as when the marriage was intended precisely
alcohol, or suffering from some temporary mental to prevent one from testifying
disability.  
  C. The marriage is subsisting at the time one is called to
3. Mental defectives such as idiots, imbeciles or morons testify against the other in that it has not been dissolved
and other mental retardates are not disqualified by this by death or by law. Thus the prohibition is not
reason alone although this may affect their credibility perpetual.
   
4. Deaf mutes are not disqualified so long as they are D. The case is not one against the other
able to communicate in some manner which can be E. The consent of the party spouse has not been
understood and, in case of the use of sign-language, the obtained nor has he waived the rule in any other way. 
interpretation thereof can be verified.  
  IV. Form of Prohibited Testimony or When a Violation
III. Mental Immaturity: these refer to children of tender Exists
age whose mental maturity is such as to render them  
incapable of perceiving the facts respecting which they A. When the spouse is actually called in court to testify
are examined and of relating them truthfully. as a witness to facts
  B. When the witness is asked to submit objects, or
A. Age is not the criterion but the intelligence and documents or other evidence in court even if not
possession of the qualities of a witness actually called to testify
B. The credibility of Children as witness take into C.  When a third person is presented as a witness and is
account two possibilities: (i) children are prone to asked to divulge declarations or information revealed to
exaggerate and influenced by suggestions from adults the third person by the spouses, which declarations or
and (ii) lack of motive to testify falsely information affect the liability of the party spouse.
C. Under the Rule On Examination of a Child Witness, it 1. The revelation must be in confidence
is provided that: 2. If the declaration was made in the presence or
a). Every child is presumed to be qualified to be a hearing of another person, then there is no violation of
witness the rule.
b) The court may however conduct  a  
competency  examination  (voir dire examination) motu V. Waiver of the Rule
proprio or on motion of a party, when it finds that  
substantial doubt exists regarding the ability of the child A. Expressly, or when the party spouse give consents
to perceive, remember, communicate, distinguish truth B. Impliedly: (i) as when the party spouses interposes
from falsehood, or appreciate the duty to tell the no objection to the presentation  of the witness spouse
truth  in court.  (ii) when the party-spouse presents his/her spouses as
  his/her own witness (iii) When the party-spouse imputes
Section 22. Disqualification by reason of marriage or the wrong doing to the  other spouse, the latter may
the Martial Disqualification  Rule. testify to rebut the imputation. 
    
VI. EXCEPTIONS: WHEN SPOUSES MAY TESTIFY 1. The death/insanity maybe before or during the
AGAINST EACH OTHER pendency of the case so long as it was before the
  death/insanity.
A. In a civil case filed by one against the other. 2. The matters prohibited are those made in the
Examples: cases of annulment, legal separation, presence and hearing of the decedent which he might
support, declaration of mental incompetency, separation testify to if alive or sane, i.e. adverse to him, and not to
of property. those which maybe known from other sources.
   
B. In a criminal case for a crime (i) committed by one D. The rule does not apply to the following
against the other such as those  involving physical  
assault and violence; Violation of  RA 9262; economic 1. To claims or demands which are not fictitious or those
abuse or (ii) against the direct ascendant or descendant supported by evidence such as promissory notes,
of the other   contracts, or undertakings, including the testimony of
  disinterested witnesses.
C. When the reason for the law has ceased. Where the 2. Fraudulent transactions of the deceased or insane
marital and domestic relations are so strained that there person, as when the deceased was an illegal recruiter or
is no more harmony to be preserved, nor peace and that he absconded with money entrusted to him
tranquility which maybe disturbed, the reasons based on 3. To mere witnesses
such harmony and tranquility no longer apply. In such 4. Stockholders/members of a juridical entity testifying
cases, the identity of interest disappears and the in cases filed by the juridical entity
consequent danger of perjury based on identity of 5. Claims favorable to the estate.
interest disappears. (The law ceases when the reason  
for the law ceases) III. The rule maybe waived expressly or by failure to
  object or by introducing evidence on the prohibited
SEC. 23. DISQUALIFICATION BY REASON OF THE matter.
DEATH  
OR INSANITY OF THE ADVERSE PARTY.  
  Disqualification by reason of
 “Parties, or assignors of parties to a case, or persons in privileged communications.
whose behalf a case is prosecuted against an executor,  
administrator or representative of a deceased person, or I. INTRODUCTION. Claim of Privilege. Witnesses may
against a person of unsound mind, upon a claim or refuse to testimony on certain matters under the
demand… cannot testify as to any matter of fact principle that the facts are not to be divulged or that
occurring before the death of the deceased person or they are privileged communications. These are facts
before such person became of unsound mind.” which are supposed to be known only between the
  communicant and the recipient.
I. CONCEPT. This is also known as the Dead Man’s  
Statute or Suvivorship Disqualification Rule. A. Distinguished from incompetency.
  1. A privilege is a rule of law which excuses a witness
A. The disqualification is merely relative as it is based on from testifying on a particular matter which he would
what the witness is to testify on. otherwise be compelled to reveal and testify on. It is a
B. The purposes are (i) to put the parties on equal legal excuse to prevent the witness from revealing
footing or equal terms as to the opportunity to give certain data. The witness may claim this excuse.
testimony. ”If death has closed the lips of the 2. An incompetency is a ground for disqualification
defendant, then the law closes the lips of the plaintiff”. which may be invoked by the opposing party to prevent
(ii) to guard against the giving of false testimony.   a person from being presented as a witness.
  3. Thus a person maybe competent as a witness but he
II. APPLICABILITY may invoke a privilege and refuse to testify on a certain
  fact.   
A. The case must be a civil case where the defendant is  
the executor, administrator or representative of the B. Purpose of a Privilege: to protect the confidentiality or
deceased person of person of unsound mind. But the privacy of certain relationships. They are usually based
rule will not apply to a counter-claim against the on public policy which recognizes that the protection of
plaintiff.  certain relationship is more paramount than the
  testimony of the witness.
B. The subject is a claim or demand i.e. one that affects  
the real or personal properties: C. Privileges are to be strictly construed.
1. The case must be a personal action for the  
enforcement of a debt or demand involving money D. Who may claim the privilege: it may be asserted by
judgment, or where the defendant is demanded to the person for whose benefit the privilege was granted
deliver personal property to plaintiff personally, or through a representative, or it may be
2. The evidence of this claim is purely testimonial and claimed for him by the court.   
allegedly incurred prior to the death or insanity. They  
are therefore fictitious claims.  II. SOURCES OF PRIVILEGED COMMUNICATIONS
   
C. The subject of the testimony is as to a matter of fact 1. Those enumerated under Section 24 of Rule 130 of
occurring before the death or insanity. The testimony is the Revised Rules of Court.
the only evidence of the claim or demand.   2. Those declared as privileged by specific provision of a
  law (Statutory Privileged Communications).
3. Those declared as such by Privilege Communications
by Jurisprudence.
  marriage. Example: (i). a spouse cannot be made to
  divulge that in his presence and observation the
SECTION 24: DISQUALIFICATION BY REASON husband cleaned a gun, or washed bloody clothes or
OF PRIVILEGED COMMUNICATIONS counted wads of money, even if the husband did not
  explain his actions (ii). a married person cannot be made
INTRODUCTION: The communications are privileged to divulge tattoos on the body of the spouse or of his
provided  they took place within the context of the mannerism or habits.
relationship protected by the rule and the person for      However, acts not intended to be confidentially, such
whose benefit the rule may be invoked, has not revealed as acts within public view, or tattoos displayed publicly,
the communication to a third person. are not confidential. Likewise, acts done in secret and
   hidden from the witness are not confidential.
1. THE MARITAL PRIVILEGED COMMUNICATION  
DISQUALIFICATION RULE (SPOUSAL PRIVILEGE) V. MISCELLANEOUS
   
I.  RULE: The husband or wife, during or after the 1. The privilege may be claimed by either spouses, i.e.
marriage, cannot be examined without the consent of the communicating or recipient spouse (some opine it is
the other as to any communication received in only the receiving spouse who can claim)
confidence by one from the other during the marriage.   2. The exceptions are the same as in the Marital
  Disqualification Rule. 
II. PURPOSE: same as the Marital Disqualification Rule 3. The duration is perpetual
as well as to encourage honesty and confidentiality 4. Distinctions from the Marital Disqualification Rule:
betweens spouses.  a.) As to whether or not a spouse is a party to the case
  b). As to the scope of the prohibition
III. REQUISITES:  c) As to the duration
  d) As to who can claim the protection of the rule
1.  The witness is a lawfully married person, or is a party 5. The waiver of the Marital Disqualification Rule does
to voidable marriage or one which enjoys the not include a waiver of the Marital Privilege
presumption of validity. Communication Rule.
2. The case is not between the witness and the latter’s  
spouse 2. BETWEEN LAWYER AND CLIENT
3. The subject of the testimony is a communication  
made by and between the witness and the latter’s I. RULE: “An attorney cannot, without the consent of his
spouse client, be examined as to any communication made by
4. The communication was made during the marriage the client to him, or his advice given thereon in the
5. The communication is confidential in that it was course of, or with a view to, professional employment,
intended to be known or heard only by the other spouse nor can an attorney’s secretary, stenographer, or clerk
and it was made precisely because of the marriage.  be examined, without the consent of the client and his
a). If the receiving spouses revealed to a third person, employer, concerning any fact the knowledge of which
the communication ceases to be privileged has been acquired in such capacity”
b).If the communication was heard by a third person,  
the rules are as follows: II. REASON: The rule is grounded on public policy and
i). If the spouses were aware of the presence of the the proper administration of justice. It is to encourage
third person, the communication is not confidential clients to make a full disclosure of all facts relative to a
except if the third person: (i). is   a minor child (ii). Or problem for which he sought the professional services of
stands in special confidence to the spouses such as their a lawyer, without fear or reservation that these facts will
agent later be revealed especially if the nature of the facts are
ii). If the spouses are not aware, the communication such that they might adversely affect his rights, property
remains confidential, but the third person may testify to or reputation. This is to inspire confidence and thus it is
what was heard. also to enable the lawyer to give the appropriate advice
  or to undertake such action that will best serve the
IV. FORMS OF COMMUNICATION: To “communicate” is interest of the client.
to make known, to convey an idea or to inform of a  
message. The privilege is thus extends to all modes of III. REQUIREMENTS
communications whether oral, written or through    A.  There must be a lawyer-client relationship
conduct, which were intended by a spouse to convey a         
message. They include the following: 1. The term “lawyer” refers to:
   (a). a member of the Philippine Bar in good standing
1. Those which are in the form oral expressions made acting in such a capacity, whether in active practice or
directly and personally, or through some not
mechanical  device such as through the phone; or  (b). non-lawyers allowed by law to appear as counsel
written as in conventional letters or through the use of pursuant to section 7 of Rule 118. ( But in localities
secret codes or through the internet or text messages. where such members of the bar are not available, the
2. The sending of packages, or things of items symbolic court may appoint any person, resident of the province
of a meaning or intended to send a message, such as and of good repute for probity and ability, to defend the
sending of b-day greeting cards, or of flowers. accused.)
3. Passive or silent acts or conduct intended to convey a  (c). Non-lawyers who misrepresent themselves as
message such as a nod or shake of the head, a finger members of the bar in order to obtain the confidence of
put to the lips. a person and believed as such by the latter.  
4. Silent or passive communications referring to facts  
or   information which came to the knowledge of the 2.  Government prosecutors are not included but they
witness-spouse by reason of the confidentiality of the are prohibited from making disclosures under penal
laws, such as The Revised Penal Code under its investigator hired by him; and/or his impressions or
provisions on Revelation of Private Secrets. conclusions whether  reduced in writing or not, about
  the client or the clients cause.
3. Lawyers of government agencies created to render  
legal assistance to the public are included, such as  A lawyer may not therefore testify that his client,
lawyers from the PAO and the CHR charged with theft of silver coins, paid him with silver
  coins.
4. The relationship maybe created by mutual consent at  
the initiative of the client, or is created by Order of the 3. The following communications are not covered and
Court as in the case of a counsel de officio. the lawyer may reveal them:
a). the relationship exists whenever the client consults  
with a lawyer in relation to a matter which needs the a). those intended to be made public
professional services of the lawyer be it for advice or b). or intended to be communicated to a third person
representation in a future or present legal action. c). intended for an unlawful purpose or for a future
 b). it does not matter that no fee was paid, or that the crime or act
lawyer later refused to represent the client or that he d). received from a third person not acting in behalf or
withdrew from the action. as agent of the client
c). however the rule does not cover situations where the e). those made in the presence of third persons
lawyer was consulted merely as a notary  f). those which are irrelevant
  g). the effects of a crime as well as weapons or
B. There must be a communication by the client to the instruments of a crime.
lawyer or advice given thereon by the lawyer. h). opinions on abstract questions or hypothetical
  questions of law
1. The communication must be for the purpose of  
creating a lawyer-client relationship or was given in the C. The communication was confidential
course of such relationship.  
  D. The consent of the client to the disclosure was not
2. The term communication includes the following: obtained   
a). Any data or information supplied by the client  
personally or through confidential agents, either to the IV. Duration and Waiver
lawyer or to the lawyer’s employees. This may have  
been supplied through any form of oral or written A. The duration is perpetual even after the lawyer-client
communication. relationship has already ceased.
b). All documents, objects or thing delivered to the  
lawyer except those the existence and/or contents of B. The rule maybe waived by the client alone, or by his
which are or maybe known. representatives in case of his death, expressly or by
     Thus titles to land, contracts, reply-communications, implication.
bank pass books, dishonored checks, cannot be  
considered as confidential. 1. If he is a party to a case and his lawyer was called as
c). Acts or conduct by the client, such as physical a witness by his opponent: (a) by failure of the client to
demonstration of actions or events, or giving a sample object to the questions concerning the privileged
of his handwriting to show he is not the falsifier.   communications or (b) having objected on direct, the
d). The advice given by the lawyer to the client orally or client cross-examines on the privileged communications.
though any mode of written communication. 2. When the client presents evidence on the privileged
e). The identity of the client. As a matter of public policy communication, the opposing party may call on the
a lawyer may not invoke the privilege and refuse to lawyer to rebut the evidence.
divulge the name or identity of the client except in the 3. When the client calls on the lawyer to testify on the
situation when the client’s name has an independent privileged communication
significance such that disclosure would reveal the client’s 4. In case of a suit by and between the lawyer and the
confidences. client, the rule does not apply
   5. When the lawyer is accused of a crime in relation to
The identity may not be disclosed in the following the act of the client which was the subject of their
situations: professional relationship, he may reveal the privileged
(i). where a strong probability exists that revealing the communications to prove he had nothing to do with the
client’s name would implicate the client in the very crime.   
activity for which he sought the lawyer’s advise        
(ii). Where the disclosure would open the client to civil C. If the lawyer, as witness to a case which does not
liability involve the client, divulges confidential communication
(iii). Where the government prosecutors have no case without the prior consent of the client, he may be liable
against the client and compelling the lawyer to reveal his criminally, civilly and administratively.
client’s name would furnish the only link that would form  
a chain of testimony necessary to convict the client of a 3. PHYSICIAN-PATIENT
crime.  
(iv). Where it is the identity of the client which is sought I. RULE: A person authorized to practice medicine,
to be confidential ( Regala vs. Sandiganbayan: 262 surgery or obstetrics cannot in a civil case, without the
SCRA 122) consent of the patient, be examined as to any advice or
  treatment given by him or any information  which he
(e). Those covered by the “Doctrine of Work Product”. may have acquired in attending such patient in a
The pleadings prepared by the lawyer or his private files professional capacity, which information was necessary
containing either facts and  data obtained by him to enable him to act in that capacity, and which
or  resulting from his own investigation or by any would  blacken the reputation of the patient.
  QUESTIONS: 1. Are communications confidential if these
II.  PURPOSES: (a).  To inspire confidence in patients were heard by third persons by reason of lack of privacy
and encourage them to make a full disclosure of all of the clinic or hospital facilities? 2. Is the fact still
facts, circumstances or symptoms of their sickness, confidential if a patient’s body part or blood was sent by
without fear of their future disclosure, so that a the physician for examination and study by a
physician can form an opinion and be enabled to safely specialist/technician in a laboratory? ( I submit that that
and effectively treat the patient. (b).To protect the the specialist acts as agent of the physician and he may
patient’s reputation. not also be compelled to disclose his findings).
   
III. REQUIREMENT E. If disclosed the information would blacken the
  reputation of the patient. It causes disgrace or
A.  The case is a civil case embarrassment or puts him in a bad light. Example:
  disclosure that the patient is a sexual pervert, or suffers
1. Public policy looks to the maintenance of peace and from delusions or from a disease.   
order, upholding the law, the acquittal of the innocent  
and punishment of the guilty, as more important than IV. NON-APPLICABILITY OF THE RULE
the purposes of the privilege.    
2. It is not required that the patient is a party to this A. Criminal cases
case. B. When the person testifying is not the physician.
  However the patient himself can not be compelled to
B. The witness presented is a person authorized to testify on the privileged communications.
practice medicine, surgery or obstetrics. C. Where the physician is presented merely as an expert
  and is testifying upon hypothetical questions.
1. The witness maybe a general practitioner or a D. Autopsies conducted to ascertain the cause of death
specialist in any of the fields of medicine.   of a person
2.  Included are psychoanalysts, psychologist, E. Court ordered examinations
psychotherapists. Dentists and mid-wives are not F. When the patient, as party to a case, testifies as to
included, so also with nurses unless they acted as his own illness or condition, he opens the door for the
agents or assistants of the physician. opposing party to rebut the testimony by calling on the
3. Where the person is not authorized but represented physician.
himself to be so and which was believed by the witness, G. When the patient, as party to a case, calls on the
it is believed that the privileged may also be claimed. physician as his own witness.
4. The relationship of physician-patient may have been H. In a malpractice suit against the physician by the
created by mutual consent between him and the patient patient.
or with any person acting in behalf of the patient, or was I. Where there is a Contractual Waiver in that the
created by exigent emergencies as when services were patient agreed to undergo an examination and make
rendered to a patient in extremis. known the result thereof as a condition to the grant or
  enjoyment of a privilege, benefit or employment.
C. The physician-witness is asked to divulge a Examples are the medical examinations required to
communication by and between him and the patient. enter the AFP or to obtain an insurance policy.
  J. Communications made in the presence of third
1. The communication was made while the witness was persons.
acting in his professional capacity i.e he was attending K. Communications to commit or to conceal a crime as
to a person as a patient and to whom the physician- when a patient undergoes a face lift to mislead the
witness rendered curative, palliative or preventive police or the victim in identifying him.  
treatment.  
  4. PRIEST/MINISTER- PENITENT
2. The privileged communication include:  
a). all information divulged by the patient or by one I. RULE. A minister or priest cannot, without the consent
acting for the patient, if these were essential for the of the person making the confession, be examined as to
physician to act in a professional capacity, but matters any confession made to or any advice given by him in
which are not essential but believed in good faith by the his professional character in the course of discipline
patient to be essential and divulged in good faith are enjoined by the church to which the minister or priest
covered. belongs.
b). all facts learned by the physician from his own  
interviews, observations, diagnosis, examinations or II. CONCEPT and PURPOSE : This is often referred to as
operation conducted upon the patient. the “Seal of the Confessional”. A priest or minister or
c). the nature of the treatment given, his opinion or similar religious person cannot be compelled to testify
advice given to the patient, including  oral prescriptions and divulge matters which were revealed to him by way
(written prescriptions for medicines are intended to be of a confession. The purpose is in recognition of
read by pharmacist and third persons and are not religious freedom and to protect the practice of making
confidential)   confessions.
d). the clinical records, x-ray plates, radiographs, and  
other documents pertaining to the treatment, diagnosis, III. REQUIREMENTS:
illness or process of ascertaining the illness of the A. The witness is a priest or minister or similar religious
patient. personality.
       
D. The communication is confidential and was not 1. The term “priest or minister” should not be given a
intended to be known by third persons except to agents restrictive meaning but should include any religious
of the physician. personality of the same or similar stature as a priest or
  minister. 
2. Question: As worded the rule applies only to religious 2. the identity of the recipient of the communication e.g
personalities of the Christian religion. Should the rule be the undercover agent  or handler
interpreted to include non-Christians? Thus in Buddhism, 3. the identity of the informant
confessing one’ sins to a superior is part of the Buddhist 4. It has been held that official documents of diplomatic
practice. officials, ambassadors and consuls are included. 
   
 B. The witness received the confession of a penitent    B. The communication must have been made to a public
  officer.
1. A confession is the revelation of acts or omissions  
considered as sins or violations of religious laws/ belief 1. The public officer refers to those whose duty involves
or teachings, and which may at the same time be the investigation or prosecution of public wrongs or
considered as violation of laws of the state, which   may violations of laws. They pertain mostly to law
subject the confessant to criminal or civil liability or enforcement agents and prosecutors, as well as those in
both. charge of the enforcement of the law violated.
   
2. The revelation of wrong doings must therefore be C. The disclosure would affect public interest.
penitential in that the purpose is to seek spiritual  
absolution, spiritual assistance, or healing of the soul. If IV. RULE ON THE INFORMER’S IDENTITY
the purpose is otherwise, then it is not privileged, as  
when all that the person was to unburden himself from A. Concept of the “Informant’s Privilege”- a privilege
guilty feelings. granted to the government to withhold from disclosure,
  the identity of confidential informants. The purpose is to
3. The confession was made in obedience to some protect the government’s sources of information and in
supposed duty or obligation. this way facilitate law enforcement by preserving the
  anonymity of individuals willing to furnish information. 
4. The court may inquire preliminarily from the priest  
/minister as to the state of mind of the confessant i.e B. Informant’s covered ( informers are also
whether it is penitential or not. called  coordinating individuals (or CIs), citizens, or
  assets; in American police parlance they are called nose,
 5. The confession is one given directly and personally to snitch, or  stool pigeons) 
the priest/ minister and in secrecy. Public avowals are  
not included. 1.    Walk-in or phone-in informants e.g. those who
  report crimes in person or by calling police hot lines or
C. The confession must have been made to the individual police officers
priest/minister in his professional character in the course 2.    Deep Penetration Agents or those “embedded” who
of the discipline of the church to which the actually join criminal organizations/gangs by pretending
priest/minister belongs. to be one of them but are secretly gathering information
  which they secretly relay to the law enforcement agents
1. The church or denomination must recognize the 3.    Stool pigeons or snitches among prisoners
practice of making “confessions” and authorizes said 4.    Regular informants or those who regularly report on
priest/minister to receive and hear confessions. suspected criminals and their activities. They may be
  acquaintances, neighbors or friends of the criminals
III. Observations: themselves. They are known only to their agent handler.
1.  Must the confessant belong to the same church as  
the priest/minister? C. When the informant may be compelled to be
 2. If the penitent consents, may his confession be presented in court or when his identity maybe revealed
divulged?  
  1. Per the American case of Roviero vs. U.S (353 U.S.
5. PUBLIC OFFICER. 53) in 1957 which ruled thus:” when it appears from the
  evidence that the informer is also a material witness, is
I.  RULE:  A public officer cannot be examined during his present with the accused at the occurrence of the
term of office or afterwards, as to communications made alleged crime, and might also be a material witness as to
to him in official confidence, when the court finds that whether the accused knowingly and intentionally
the public interest would suffer by the disclosure. delivered drugs as charged, his identity is relevant and
  maybe helpful to the defendant”, it may said that
II. PURPOSES: disclosure is proper in the following situations:
To encourage citizens to reveal their knowledge about a). when his identity is known to the accused not
the commission of crimes necessarily by name but by face and other physical
To protect legitimate police operations against criminals features, unless he is being also used in another
To protect the safety of the informant and his family  operations
  b). when it is relevant and helpful to the defense and is
III.REQUIREMENTS essential to a proper disposition of the case
  c) when it is claimed that there was an entrapment
A. There must be a confidential official communication, where he participated as a “decoy” or “agent
which includes: provocateur” and the  said entrapment can not be
1. all information concerning the circumstances of the established without his testimony
commission of a crime such as the identity of the  
criminals, their whereabouts, their accomplices, the 2. If the informant disclosed his identity to persons other
date, time and place of commission, their modus than the law enforcement agents, this maybe basis for
operandi the accused to demand disclosure.
 
  matter of necessity, be held confidential in pursuit of
public interest.
STATUTORY PRIVILEGED COMMUNICATIONS    
  D. Matters Covered: As a rule, information must be of
  such high degree as to outweigh public interest. Based
1.    Contents of a Ballot under the Election Code on Philippine Jurisprudence ( Almonte vs. Vasquez
2.    The identity and personal circumstances of (1995), Chavez vs. PCGG (1995), Chavez vs. Public
3.    Minors who are victims of crimes under the Child Estates Authority (2002) and Senate vs. Ermita (2006),
Abuse Law the following are covered:
4.    The records of cases involving Children in Conflict  
with the Law under the Juvenile Justice Law if (i) the 1. State secrets regarding military, diplomatic and other
case against them has been dismissed (ii) they were national security matters.
acquitted or (iii) having been convicted and having 2.Closed Door cabinet meetings; presidential
undergone rehabilitation, they were eventually conversations, correspondence and discussions with the
discharged cabinet and presidential advisers under the principle of
5.    Trade secrets  under the Intellectual Property Law Confidentiality of Executive Deliberations
6.    Identities and whereabouts of witnesses under the 3. Information in the investigation of crimes by law
Witness Protection Program enforcement agencies before prosecution of the
7.    Identity of News Informants under R.A. 1477 (The accused.
Shield Law)  
8.    Bank Deposits under the Secrecy of Bank Deposits E. Limitations to the Claim ( Per Senate of the Pres. Vs.
law except under the following: Ermita)
  1. It is not absolute. The privilege is recognized only in
a). Upon the prior written permission of the depositor relation to certain  types of information of a sensitive
b). In case of impeachment of constitutional officers character. A claim is valid or not depending on the
c). When the deposit is the subject of the case ground invoked to justify it and the context in which it is
d). Upon Order of the Court made.
e). In cases involving public officers for offenses in 2. A claim of privilege, being a claim of exemption from
relation to their office or for violation of the Anti Graft an obligation to disclose information, must be clearly
and Corrupt Practices Act asserted.
f). When the amount exceeds the limit set under the 3. Only the President may personally assert it or claim it
Anti Money Laundering Law through the Executive Secretary.
g). Compromise of taxes  
h). Under the Anti-Terrorism Law/Human Security Law II. CONFIDENTIALITY OF JUDICIAL DELIBERATIONS
  1. The working papers of a judge, such his personal
9. Offers and admissions during Court Annexed notes and researches on cases heard by him, his written
Mediation proceedings under RA 9295. instructions to the staff, are considered his personal or
  private property and may not be compelled to be
10. DNA Profiles and all the results or other information disclosed.
obtained from DNA testing which testing was court- 2. Discussions among members of a collegial court are
approved / ordered, subject to certain exceptions (Sec. likewise confidential.
11 of the Rule on DNA Evidence promulgated by the  
Supreme Court and effective on October 15, 2007)  TESTIMONIAL PRIVILEGE
   
-o0o- I. RULE: Sec. 25. Parental and Filial privilege.- No
  persons may be compelled to testify against his parents,
PRIVILEGED COMMUNICATIONS UNDER other direct descendant, children or other direct
JURISPRUDENCE descendants.
   
1. EXECUTIVE PRIVILEGE. A.. The privilege maybe claimed only by the witness in
A. This is of American Origin but was adopted by the any case whether civil or criminal but it may be waived
Supreme Court when it decided the case of Senate of as when he volunteers to be a witness.  B. However, by
the Philippines vs. Eduardo Ermita ( April 20, 2006) way of an exception, Article 215of the Family Code
  provides that a descendant may be compelled to testify
B. Concept:  It is a power or right that the president or against his parents and grandparents, if such testimony
other officers of the executive branch assert when they is indispensable In prosecuting a crime against the
refuse to give congress, the courts, or private parties, descendant or by one parent against the other.
information or records which have been requested or  
subpoenaed, or when they order government witnesses -o0o-
not to testify before congress. It is essentially the  
exemption enjoyed by the President from disclosing  
information to congressional inquiries or the judiciary. SOURCES OF A PARTY’S EVIDENCE
   
C. Purpose and basis. It is based on the principle of Generally the evidence of a party are those obtained
separation of powers. It is recognized with respect to and/or supplied from his own side. However evidence
certain information the confidential nature of which is may be taken from the opposite party especially those
crucial to the fulfillment of the unique role and which the latter does not voluntarily present because
responsibilities of the executive or those instances where they are adverse to him. They are in the form of (i)
exemption from disclosure is necessary to the discharge Admissions (ii) Confessions and (iii) Declarations against
of highly important executive responsibilities. It is Interest.
premised on the fact that certain information must, as a