Disqualification by Reason of Privileged Communication; Rule on Third Parties Flashcards
Sec. 24 (a)
(a) The husband or the wife, during or after the marriage, cannot be examined without the consent of the other as to any communication received in confidence by one from the other during the marriage
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.
Sec. 24 (b)
(b) An attorney or person reasonably believed by the client to be licensed to engage in the practice of law cannot, without the consent of the client, be examined as to any communication made by the client to him or her, or his or her advice given thereon in the course of, or with a view to, professional employment, nor can an attorney’s secretary, stenographer, or clerk, or other persons assisting the attorney be examined without the consent of the client and his or her employer, concerning any fact the knowledge of which has been acquired in such capacity, except in the following cases:
(i) Furtherance of crime or fraud. If the services or advice of the lawyer were sought or obtained to enable or aid anyone to commit or plan to commit what the client knew or reasonably should have known to be a crime or fraud;
(ii) Claimants through same deceased client. As to a communication relevant to an issue between parties who claim through the same deceased client regardless of whether the claims are by testate or intestate or by inter vivos transaction;
(iii) Breach of duty by lawyer or client. As to a communication relevant to an issue of breach of duty by the lawyer to his or her client or by the client to his or her lawyer;
(iv) Document attested by the lawyer. As to a communication relevant to an issue concerning an attested document to which the lawyer is an attesting witness; or
(v) Joint clients. As to a communication relevant to a matter of common interest between two [(2)] or more clients if the communication was made by any of them to a lawyer retained or consulted in common, when offered in an action between any of the clients, unless they have expressly agreed otherwise.
Sec. 24 (c)
c) A physician, psychotherapist or person reasonably believed by the patient to be authorized to practice medicine or psychotherapy cannot in a civil case, without the consent of the patient be examined as to any confidential communication made for the purpose of diagnosis or treatment of the patient’s physical. mental or emotional condition, including alcohol or drug addiction, between the patient and his or her physician or psychotherapist.
This privilege also applies to persons, including members of the patient’s family, who have participated in the diagnosis or treatment of the patient under the direction of the physician or psychotherapist.
Who is a psychotherapist?
A “psychotherapist” is:
(a) A person licensed to practice medicine engaged in the diagnosis or treatment of a mental or emotional condition, or
(b) A person licensed as a psychologist by the government while similarly engaged.
(d) A minister, priest or person reasonably believed to be so cannot without the consent of the affected person, be examined as to any communication or confession made to or any advice given by him or her, in his or her professional character, in the course of discipline enjoined by the church to which the minister or priest belongs.
(e) A public officer cannot be examined during or after his or her tenure as to communications made to him or her in official confidence, when the court finds that the public interest would suffer by the disclosure.
(A) Requisites for the Application of Marital Privilege
- There must be a valid marriage between the husband and wife;
- There is a communication received in confidence by one from the other;
- The confidential communication was received during the marriage (Riano, 2019); and
- The spouse against whom such evidence is being offered has not given his or her consent to such testimony. (Regalado, 2008)
(A) Cases when Marital Privilege is NOT Applicable:
A. In a civil case by one against the other;
B. In a criminal case for a crime committed by one against the other or the latter’s direct descendants or ascendants (Sec. 24[a], Rule 130) (Sec. 24(a), Rule 130, ROC, as amended); or
C. Information acquired by a spouse before the marriage even if received confidentially will not fall squarely within the privilege. (Riano, 2019)
Marital Disqualification vs. Marital Privilege
When can be invoked:
- Can be invoked only if one of the spouses is a party to the action
- Can be claimed whether the other spouse is a party to the action
Coverage:
- Includes facts, occurrences or information even prior to the marriage.
- Only to confidential information received during the marriage.
Duration
- Applies only if the marriage is existing at the time the testimony is offered.
- Can be claimed even after the marriage has been dissolved.
Limitations
- Constitutes a total prohibition against any testimony for or against the spouse of the witness
- Applies only to confidential communications between the spouses. (Regalado, 2008)
Limits 2:
- Can no longer be invoked once the marriage is dissolved.
- The spouse affected by the disclosure of the information or testimony may object even after the dissolution of the marriage. (Riano, 2019) NOTE: It is not affected by the death of the other spouse
** In both cases, it is essential that the marriage be valid in order to claim such privilege.
Q: In June 1998, A told B that he killed C. After a year, A married B. Upon the offer of testimony of B for the alleged killing of C. a. Can A validly make an objection? b. Suppose the testimony was offered at the time the marriage between A and B was already terminated, can A still validly object, this time on the ground of marital privilege rule under Sec. 24, Rule 130? c. Suppose the information received by B was communicated to A during their marriage, can A validly object to the testimony of B if it was offered after the dissolution of their marriage on the ground of marital disqualification rule under Sec. 23 Rule 130?
a. YES. Irrespective of the fact that B was informed of the killing before her marriage to A, still, the testimony was offered during their marriage, which brings it into the ambit of the marital disqualification rule under Sec. 23, Rule 130.
b. NO. The testimony even if confidential was not communicated to B during the time of marriage, but after the marriage.
c. NO. He can only object based on the marital disqualification rule if the testimony was offered during their marriage and not to testimony offered after the dissolution of the marriage. The proper objection must be based on marital privilege rule under Sec. 24, Rule 130 because such defense is applicable even after the dissolution of marriage provided that the communication was made confidentially to B during their marriage.
Q: In June 1998, A told B that he killed C. After a year, A married B. Upon the offer of testimony of B for the alleged killing of C. a. Can A validly make an objection? b. Suppose the testimony was offered at the time the marriage between A and B was already terminated, can A still validly object, this time on the ground of marital privilege rule under Sec. 24, Rule 130? c. Suppose the information received by B was communicated to A during their marriage, can A validly object to the testimony of B if it was offered after the dissolution of their marriage on the ground of marital disqualification rule under Sec. 23 Rule 130?
a. YES. Irrespective of the fact that B was informed of the killing before her marriage to A, still, the testimony was offered during their marriage, which brings it into the ambit of the marital disqualification rule under Sec. 23, Rule 130.
b. NO. The testimony even if confidential was not communicated to B during the time of marriage, but after the marriage.
c. NO. He can only object based on the marital disqualification rule if the testimony was offered during their marriage and not to testimony offered after the dissolution of the marriage. The proper objection must be based on marital privilege rule under Sec. 24, Rule 130 because such defense is applicable even after the dissolution of marriage provided that the communication was made confidentially to B during their marriage.
Q: James, an alien, was criminally charged of promoting and facilitating child prostitution and other sexual abuses under R.A. 7610. The principal witness against him was his Filipina wife, Conching. Earlier, she had complained that James’ hotel was being used as a center for sex tourism and child trafficking. The defense counsel for James objected to the testimony of Conching at the trial of the child prostitution case and the introduction of the affidavits she executed against her husband as a violation of spousal confidentiality and marital privilege rule. It turned out that Patring, the minor daughter of Conching by her first husband who was a Filipino, was molested by James earlier. Thus, Conching had filed for legal separation from James since last year. May the court admit the testimony and affidavits of the wife, Conching, against her husband, James, in the criminal case involving child prostitution? Reason. (2004 BAR)
A: YES. If the testimony and affidavit of the wife are evidence used in the case against her husband for child prostitution involving her daughter, the evidence are admissible. The marital privileged communication rule under Sec. 24 of Rule 130, as well as the marital disqualification rule under Sec. 23 of the same rule, do not apply to and cannot be invoked in a criminal case committed by a spouse against the direct descendants of the other.
A crime committed by the husband against the daughter of his wife is considered a crime committed against the wife and directly attacks or vitally impairs the marital relations. (Riano, 2019,)
Q: John filed a petition for declaration of nullity of his marriage to Anne on the ground of psychological incapacity under Article 36 of the Family Code. He obtained a copy of the confidential psychiatric evaluation report on his wife from the secretary of the psychiatrist. Can he testify on the said report without offending the rule on privileged communication? (2016 BAR)
A: YES. Under the rule on privileged communication, the husband or the wife, during or after the marriage, cannot be examined without the consent of the other as to any communication received in confidence by one from the other during the marriage except in a civil case filed 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. (Sec. 24(a), Rule 130, ROC, as amended)
In this case, Anne cannot prevent John from testifying against her since the petition for declaration of nullity is a civil case filed by one spouse against the other; hence, the rule on privileged communication between the spouses does not apply. John could testify on the confidential psychiatric evaluation report of his wife that he obtained from the secretary of the psychiatrist, without offending the rule on privileged communication.
