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DISQUALIFICATION OF WITNESSES

The document outlines the disqualification of witnesses based on marital status and privileged communication rules, stating that spouses cannot testify against each other without consent during marriage, with specific exceptions for civil and criminal cases. It also details the Marital Privileged Communication Rule, which protects confidential communications between spouses, and other privileges such as attorney-client, physician-patient, and priest-penitent. Additionally, it notes that these rules do not apply if the marriage is dissolved or if the relationship between spouses is estranged.

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10 views6 pages

DISQUALIFICATION OF WITNESSES

The document outlines the disqualification of witnesses based on marital status and privileged communication rules, stating that spouses cannot testify against each other without consent during marriage, with specific exceptions for civil and criminal cases. It also details the Marital Privileged Communication Rule, which protects confidential communications between spouses, and other privileges such as attorney-client, physician-patient, and priest-penitent. Additionally, it notes that these rules do not apply if the marriage is dissolved or if the relationship between spouses is estranged.

Uploaded by

Martin Gacias
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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DISQUALIFICATION OF WITNESSES:

1. DISQUALIFICATION BY REASON OF MARRIAGE; MARITAL


DISQUALIFICATION RULE:
 During their marriage, the husband or the wife cannot testify against the other
without the consent of the affected spouse

Except:
a. In a civil case file by one against the other;
 If the civil case is between a spouse and the direct ascendant or
descendant of the other spouse, the MDR still applies. The rule
contemplates that for the exception to the MDR to apply, the civil case
must be between both the spouses. —The witness spouse may then be
barred from testifying against the affected spouse over the objection of
the latter.
b. In a criminal case for a crime committed by one against the other or the
latter’s direct ascendants or descendants.
 If the crime is committed by one spouse against the collateral relatives of
the other spouse, the MDR applies.

NOTA BENE:
a. For the Marital Disqualification Rule to be invoked, the spouses must be
validly married. It does not cover illicit cohabitation.
b. The valid marriage between the spouses must be in existence when the
testimony was given.
c. The MDR prohibits one spouse from testifying against the other during their
marriage. Therefore, if the testimony was given after their marriage have
been dissolved, the MDR does not apply.
d. MDR applies notwithstanding that the facts which are the subject of the
testimony are received by the witness-spouse before the marriage as long as
the testimony is given during the existence of marriage, the MDR applies.
e. The MDR may be waived by the failure of the affected spouse to object to
the testimony of the witness spouse at the time the latter is called to testify.
f. The MDR also covers the production of documents.
MDR DOES NOT APPLY IN CASES WHERE THE RELATIONSHIP
BETWEEN THE HUSBAND AND WIFE ARE ESTRANGED:
The MDR finds no application where the relationship between the husband and the
wife are so strained that there is no more peace, tranquility or harmony to be
preserved.
DISQUALIFICATION BY REASON OF PRIVILEGED COMMUNICATION:

1. MARITAL PRIVILEGED COMMUNICATION RULE:


During or after the marriage, the husband or the wife cannot testify against the
other without the consent of the affected spouse as to any communication
received in confidence by one from the other during the marriage.
Except:
a. In a civil case filed by one against the other;
b. In a criminal case filed by one against the other or the latter’s direct
ascendants or descendants.

ELEMENTS:
A. The must be a valid marriage between the husband and the wife;
B. There must be a confidential communication received by one from the other;
C. The confidential communication was received during the marriage.
NOTA BENE:
a. If the confidential information was received before the marriage, the Marital
Privileged Communication Rule does not apply. However, if the testimony
of the witness spouse regarding the confidential information may be
objected to on the ground of Marital Disqualification Rule as long as the
testimony is given during the existence of marriage.
 If the confidential information received before the marriage is given after
the marriage, neither the MPC Rule/MDR applies.
b. If the confidential information was received by one spouse from a third
person, the MPC rule does not apply. The rule contemplates that the
confidential communication must be received by one spouse from the other.

c. The MPC Rule may be waived by failure to object at the time when the
witness spouse was called to testify.

MARITAL DISQUALIFICATION MARITAL PRIVILEGED


RULE COMMUNICATION RULE
Has no reference to any confidential Has reference to a confidential
communication received during information received by one spouse
marriage by one spouse from the other. from the other during marriage.
May be invoked only during marriage. May be invoked by the affected spouse
The rule ceases to exist when the even after the dissolution of marriage.
testimony is to be given after the
marriage.

2. ATTORNEY-CLIENT RELATIONSHIP:
An attorney or any person reasonably believed by the client to be engaged 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 advise thereon
in the course of or with a view to professional employment.
Attorney’s secretary, stenographer, clerk or any person assisting the lawyer may
not also be examined as to any fact the knowledge of which was acquired in
such capacity, without the consent of the client.

Except in the following cases:


a. On a document attested by a lawyer;
b. Breach of duty of a lawyer;
c. Claimants through the same deceased client;
d. In furtherance of fraud;
e. Joint clients
3. PHYSICIAN-PATIENT PRIVILEGE:
A physician, psychotherapist or any person reasonably believed by the patient
to be engaged in the practice of medicine or psychotherapy cannot, in a civil
case, without the consent of the patient, be examined as to any confidential
communication given for the purpose of treatment or diagnosis of the patient’s
mental, physical and emotional condition.

This privilege also applies to any person, including family members who
participated in the treatment or diagnosis of the patient under the direction and
supervision of such physician or psychotherapist.

4. PRIEST-PENTITENT PRIVILEGE:
A priest, minister or any person reasonably believed to be so by the affected
person cannot, without the consent of the affected person, be examined as to
any communication or confession made to or advise given by him in his
professional character in the course of the discipline enjoined by the church to
which the priest or minister belongs.

Marital Marital Attorney- Physician- Priest-Penitent Parental-


Disqualificatio Privileged Client Patient Privilege Filial
n Rule Communicatio Privilege Privilege Privilege
n Rule
During During or after An attorney or A physician, A priest, No person
marriage, the marriage, the any person psychotherapist minister or any may be
husband or the husband or the reasonably or any person person compelled to
wife cannot wife cannot believed byreasonably reasonably testify
testify against testify against the client to bebelieved by the believed to be against his or
the other the other as to engaged in the client to be so by the her parents
without the any practice of law engaged in the affected or other
consent of the confidential cannot, practice of person, cannot direct
affected communication without themedicine or be examined ascendants
spouse. received by consent of the psychotherapy as to any or his direct
him or her client, becannot, in civil communicatio descendants
from the other examined as to cases, without n made to or
during the any the consent of advise given
marriage. communicatio the patient, be by him
n made by the examined as to without the
client to him any consent of the
or her or his orconfidential affected
her advice communication person in his
thereon in the made for the professional
course of or purpose of character in
with a view to treatment or the course of
professional diagnosis of the the discipline
employment. mental, enjoined by
physical or the church to
emotional which the
An attorney’s condition of the priest or
secretary, patient. minister
clerk, belongs.
stenographer The privilege
or any person also applies to
assisting the any person
attorney may including
also not be family
examined as to members who
any fact the assisted in the
knowledge of treatment or
which was diagnosis of the
acquired in client under the
such capacity. supervision of
the physician or
psychotherapist
.
Exceptions: Exceptions: Exception: When the
In a civil case In a civil case In documents testimony is
filed by one filed by one attested by the indispensabl
against the against the lawyer e to the
other other crime
Breach of duty committed
In a criminal In a criminal of a lawyer or against that
case for a case for a client person or by
crime crime one parent
committed by committed by Claimants against the
one against the one against the through the other
other or the other or the same deceased
latter’s direct latter’s direct client
ascendants or ascendants or
descendants descendants Joint clients

In furtherance
of fraud

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