Testimonial
Evidence
A witness is one who, being present, personally
sees or perceives a thing, a beholder, spectator or
eyewitness. One who testifies to what he has seen
or heard, or otherwise observed
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All persons who can perceive, and
perceiving, can make known their
perception to others, may be witnesses.
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a.
b.
c.
d.
He/she can perceive
He/she can make known his perception
He/she must take an oath or affirmation
He/she must not possess any of the
disqualifications
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Qualification of a witness is determined at the time
the said witness is produced for examination or at
the taking of their depositions.
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General rule: Not disqualified
Exception: a person convicted of any of the
following crimes cannot be a witness to a will:
a. Falsification of documents,
b. Perjury; or
c. False testimony
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One is qualified to take the witness stand if:
a. He is capable of perceiving at the time of
the occurrence of the fact; and
b. He came make his perception known
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A person who takes the witness stand is presumed to possess the
qualifications of a witness. His competence may be questioned by
the other party by interposing an objection.
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Credibility has nothing to do with the law or the rules. It refers to the weight and
trustworthiness or reliability of the testimony.
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EFFECT OF INTEREST IN THE SUBJECT
MATTER - not disqualified
EFFECT OF RELATIONSHIP – not disqualified
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Disqualification
by Reason of
Marriage
Elements:
1. During their marriage:
i. The marriage must be valid and existing at the time of the offer of the
testimony
2. The husband or the wife cannot testify against the other
i. The “other” spouse must be a party to the action, either as a plaintiff or
defendant
3. Without the consent of the affected spouse
Except: Spouse may testify against the other even without the consent of the latter:
1. In a civil case by one against the other; or
2. In a criminal case for a crime committed by one against the other or the latter's
direct descendants/ascendants
1. There is identity of interests between husband and wife;
2. If one were to testify against the other, there is a consequent danger of
perjury;
3. Policy of the law is to guard the security and confidence of private life, and to
prevent domestic disunion and unhappiness; and
4. Where there is want of domestic tranquility, there is danger of punishing one
spouse through the hostile testimony of the other
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General rule: During their marriage
Exception: Where the marital and domestic relations are so strained that there
is no more harmony to be preserved nor peace and tranquility which may be
disturbed, the reason based upon such harmony and tranquility fails.
In such a case, identity of interests disappears, and the consequent danger of
perjury based on that identity is non-existent
The rule also includes utterance as to facts or mere production of documents. It
does not only prevent disclosure of matters communicated in nuptial confidence
but is an absolute prohibition against the spouse’s testifying to any facts
affecting the other however these facts may have been acquired.
Disqualifications by
Reason of Privileged
Communications
×
×
×
×
×
Marital Privilege
Attorney-Client Privilege
Physician-Patient Privilege
Priest-Penitent Privilege
Public Officers
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A privilege is a rule of law that, to protect a particular relationship
or interest, either permits a witness to refrain from giving
testimony he otherwise could be compelled to give, or permits
someone usually one of the parties, to prevent the witness from
revealing certain information.
Privilege may only be invoked by the persons protected thereunder.
Also known as marital privilege
Rationale
× Confidential nature of the privilege; to preserve
marital and domestic relations
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1. The husband or the wife
2. During or after the marriage
3. Cannot be examined
4. Without the consent of the other
5. As to any communication received in confidence by one
from the other during the marriage
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Except: Spouse may testify for or against the other
even without the consent of the latter:
1. In a civil case by one against the other, or
2. In a criminal case for a crime committed by one
against the other or the latter’s direct descendants
or ascendants.
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Scope: “Any communication”
Includes utterances, either oral or written, or acts is
produced for examination or at the taking of their
depositions.
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1. When the communication was not intended
to be kept in confidence
2. When the communication was made prior
to the marriage
3. Waiver of the privilege
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Elements: As regards an attorney or any person reasonably
believed by the client to be licensed to engage in the practice of
law :
1. Without the consent of his client
2. Cannot be examined as to:
a. Any communication made by the client to him/her, or
b. His/her advice given thereon in the course of, or with a
view to, professional employment
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As regards an attorney’s secretary, stenographer,
clerk, or other persons assisting the attorney :
1. Without the consent of the client and his/her employer
2. Cannot be examined
3. Concerning any fact the knowledge of which has been
acquired in such capacity
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1. Communications
2. Observations by the lawyer (regardless of medium of
transmission which may include oral or written words and
actions)
3. Tangible evidence delivered to a lawyer
4. Documents entrusted to a lawyer
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1. Furtherance of crime or fraud:
a. If the services or advice of the lawyer were sought or
obtained
b. To enable or aid anyone
c. To commit or plan to commit
d. What the client knew or reasonably should have known
to be a crime or Fraud
2. Claimants through same deceased client
a. As to communication relevant to an issue between
parties who
b. Claim through the same deceased client
c. Regardless of whether the claims are by testate,
intestate, or inter vivos transaction
3. Breach of duty by lawyer or client
a. As to communications relevant to an issue of breach of
duty:
i. By the lawyer to his/her client; or
ii. By the client to his/her lawyer
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4. Document attested by the lawyer:
a. As to communication relevant to an issue concerning an
attested document
b. The lawyer is an attesting witness
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5. Joint clients
a. As to a communication relevant to a matter of common interest between
two or more clients
b. The communication was made by any of them to
c. The lawyer retained or consulted in common
d. Communication is offered in an action between any of the clients
e. Neither expressly agreed otherwise
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General rule: The attorney-client privilege may not be
invoked to refuse to divulge the identity of the client.
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1. When a strong probability exists that revealing the name would implicate that
person in the very same activity for which he sought the lawyer’s advice;
2. When disclosure would open the client to liability;
3. When the name would furnish the only link that would form the chain of
testimony necessary to convict
In the absence of a statute, the privilege is permanent.
It may even be claimed by a client’s executor or
administrator after the client’s death
Elements:
1. A physician, psychotherapist or person reasonably believed by
the patient to be authorized to practice medicine or
psychotherapy
a. Psychotherapist: Person licensed to practice medicine
engaged in the diagnosis or treatment of a mental or emotional
condition; or a person licensed as a psychologist by the
government while similarly engaged
Elements:
2. In a civil case
 the privilege cannot be claimed in a criminal case because the
interest of the public in a criminal prosecution should be
deemed more important than the secrecy of the
communication
Elements:
3. Without the consent of the patient
4. Cannot be examined as to
a. Any confidential communication made between the patient and
his/her physician or psychotherapist
b. For the purpose of diagnosis or treatment
i. Of the patient’s physical, mental, or emotional condition
ii. Including drug or alcohol addiction
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.
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1. Communication was not given in confidence
2. Communication was irrelevant to the professional
employment
3. Communication was made for an unlawful purpose
4. Communication was intended for the commission/
concealment of a crime
5. Communication was intended to be made public/divulged
in court
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6. When there was a waiver
7. When the doctor was presented as an expert witness and
only hypothetical problems were presented to him
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Elements:
1. A minister or priest or person reasonably believed to be so
2. Without the consent of the affected person
3. Cannot be examined as to any
a. communication; or
b. confession made to; or
c. advice given by him/her
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Elements:
4. in his/her professional character
5. in the course of discipline enjoined by the church to which the
minister or priest belongs
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Elements:
1. A public officer
2. During or after his/her tenure
3. Cannot be examined as to communications made to
him/her in official confidence
4. When the court finds that the public interest would suffer
by the disclosure
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1. Must relate to a “quintessential and nondelegable
presidential power;”
2. Must be authored or “solicited and received” by a close
advisor of the President or the President himself; and
3. Privilege may be overcome by a showing of adequate
need such that the information sought “likely contains
important evidence” and by the unavailability of the
information elsewhere
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The communication shall remain privileged,
even in the hands of a third person who
may have obtained the information,
provided that the original parties to the
communication took reasonable
precaution to protect its confidentiality
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