Tuesday, August 18, 2009

legal: evidence-testimonial privy

rules of court: rule 130, sec. 25

before, this objection could only be invoked in a criminal case where the parents or other direct ascendants, or children or other direct descendants were charged with an offense. now, it can also be invoked in a civil case.

actually, an individual is not disqualified to become a witness against his ascendants or descendants. but if he does not like to testify against them then that is his privilege and he cannot be compelled to do so.

here again, the law wants to maintain harmonious relations among members of the same family and to preserve filipino family solidarity.

when a descendant is presented as a prosecution witness, the defense counsel should see to it that he is informed of his privilege not to testify against his parents or ascendants, whether in a criminal or civil case. through inaction the privilege can be lost...


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