REY ANN L.

MALALIS
January 25, 2020 below

1. When may the opinion of an ordinary witness be admissible? [1] Enumerate.

Answer: The opinion of an ordinary witness for which proper basis is

given, may be received in evidence regarding:

a.) The identity of a person about whom he has adequate knowledge.

b.) A handwriting with which he has sufficient familiarity.

c.) The mental sanity of a person with whom he is sufficiently acquainted.

The witness may also testify on his impressions of the condition,

appearance, behavior, or emotion of a person. This is also known as
short-hand opinions or impressions.

Witnesses can also give opinions or estimates regarding physical

dimensions (e.g. length, height, weight), speed, and lighting
conditions.

2. When may character evidence admissible? [2] Enumerate and explain when
warranted.

Answer: The general rule is that character evidence is not admissible.

The reason is that it is irrelevant. A case should be decided based on
the facts and the law, not on the character of the parties. The court
should try the case, not the man.

3. What is burden of proof?[3]

Answer:

4. Are persons convicted of falsification of a document, perjury, or false

testimony disqualified from being a witness?[4] Explain.

Answer: No. The disqualification under Article 821 refers to disqualification

merely as an attesting and subscribing witness to the will under Article 805
of the Civil Code and not to disqualification as a witness in court. Hence such
persons can still testify in the probate of a will although obviously not as
attesting and subscribing witnesses.
5. D, E and F are solidarily indebted to P in the amount of P900,000. P filed a
complaint for collection of the P900,000 against the three in the RTC. D filed his
answer but E and F did not. In due time, E and F were declared in default upon P’s
motion. May E and F testify in behalf of D?[5] Explain.

Answer: Yes. A defaulted party is not disqualified from testifying in court in

behalf of a non-defaulted party.

6. A and N were married on August 1, 1989. After two months, N told A in

confidence that the 10-year old L whom she claimed to be her niece was actually
her daughter by a certain B, a married man. In 1992, N obtained a judicial decree
of nullity of her marriage with A on the latter’s psychological incapacity to fulfill his
marital obligations. When the decree became final, L, assisted by N, filed ten cases
of rape against A purportedly committed in 1991. During the trial, N was called to
testify as a witness against A who objected thereto on the ground of marital
disqualification. (1) As a public prosecutor, how would you meet the objection?
[6]
Explain. (2) Suppose N’s testimony was offered while the decision nullifying her
marriage to A was pending appeal, would your answer be the different? [7] Explain.

Answer: (1.) I would argue that the marital disqualification rule is not
applicable since the marriage between A and N was declared null and void.
(2.) No, my answer would not be the different. I would still argue that the
marital disqualification rule is not applicable since an exception to the rule is
in a criminal case for a crime committed by one spouse against the latter’s
direct descendant.
7. S is the private complainant in a criminal case for arson against accused M, the
husband of S’s sister, E. prior to the filing of the criminal case, E and M were
separated de facto for six months. The prosecution called its first witness E for the
purpose of proving that M had poured gasoline on the house of S knowing fully well
that S and E were in the house and that M ignited the gasoline resulting in a fire
which destroyed parts of the house. The defense counsel did not object to the offer
of E’s testimony. In the course of her testimony E testified that she saw M poured
gasoline on the house and then ignited the gasoline. Her direct examination was
suspended after she broke down and cried. Afterwards, the defense counsel filed a
motion to disqualify E from testifying against M on the basis of the marital
disqualification rule. The trial court granted the motion and expunged from the
records the direct testimony of E. Was the trial court’s ruling proper? [8] Explain.

Answer: The trial court’s ruling was not proper. The purpose of the marital
disqualification rule is to preserve the harmony, peace, and tranquility of the
marital relation. The act of M in setting fire to the house of S, knowing fully
well that S and E were there, had the effect of directly impairing the conjugal
relation. The records also show that M and E were separated de facto for six
months. Where there is no more harmony to be preserved nor peace and
 tranquility to be disturbed, the reason for the marital disqualification rule
ceases and a spouse may testify against the other.

8. V was estranged and separated from his wife C, because of the latter’s affair
with B. While C and B were having dinner in a restaurant, V appeared and before
C’s shocked eyes, shot and killed B. V was prosecuted for murder of B. the
prosecution called to the witness stand C. V’s counsel objected on the ground of
marital disqualification rule. If you were the judge, how would you rule on the
objection?[9] Explain.

Answer: If I were the judge, I would sustain the objection.

Under the marital disqualification rule, a spouse cannot testify against the
other spouse, without the latter’s consent. The fact that V was estranged and
separated from his wife is not an exception under the rule, the material fact
being that they were still spouses under the law.
9. S filed a criminal case against R for bigamy, alleging that R married her during
the existence of his prior marriage to M. During the trial, S cited M to testify against
R. R objected to the testimony of M invoking the marital disqualification rule being
M’s husband. Is the objection sustainable?[10] Explain.

Answer: No. An exception to the marital disqualification rule is in the case of

a crime committed by one spouse against the other. Here the crime of
bigamy is an offense not only against S but also against M as well.

10. State the rule on disqualification by reason of the insanity of the adverse
party.[11]

Answer: Parties or assignors of parties to a case, or persons in whose behalf

a case is prosecuted, against an insane person, upon a claim against such
insane person, cannot testify as to any matter of fact occurring before such
person became insane.

11. State the rule on disqualification by reason of the death of the adverse party,
also known as the dead man’s rule.[12]

Answer: Parties or assignors of parties to a case, or persons in whose behalf

a case is prosecuted, against an executor or administrator or other
representative of a deceased person, upon a claim or demand against the
estate of such deceased person, cannot testify as to any matter of fact
occurring before the death of such deceased person.

12. D borrowed P500,000 from C evidenced by a promissory note. W witnessed

the loan transaction. C assigned the note to P. D died. P brought a money claim
against the estate of D. (a) May P testify on the ante-mortem facts regarding the
loan?[13] Explain. (b) May P present C as a witness to testify on ante-mortem facts
regarding the loan?[14] Explain. (c) May P present W as a witness to testify on ante-
mortem facts regarding the loan?[15] Explain. (d) May P present the promissory note
as evidence in his money claim against the estate of D?[16] Explain.

Answer: (a.) No. Parties in a case upon a claim or demand against the estate
of a deceased person cannot testify as to any matter of fact occurring before
the death of the decedent.

(b.) No. S23 R130 disqualifies not only the parties but also the “assignors of
parties to a case.” Here C is the assignor of the note to P. Hence C is barred
from testifying on ante-mortem facts regarding the loan.

(c.) Yes. The Dead Man’s Rule disqualifies only the party or the assignor of a
party to the case against the estate of the deceased person. Here W is
neither a party nor an assignor of a party to the case. Hence W can testify on
the ante-mortem facts.

(d.) Yes. The Dead Man’s Rule bars only testimonial evidence but does not
apply to documentary and object evidence. The promissory note is
documentary evidence. Hence it is not covered by the disqualification under
the Dead Man’s Rule.

13. P brought a money claim against the estate of D for the unpaid price of a car
sold to D. the administrator filed a counterclaim against P for money loaned by D
during his lifetime to P. (a) May P testify that D had condoned his loan to P?
[17]
Explain. (b) May P testify that D had said that he had paid only the
downpayment of the car’s price but that the balance be paid in a month’s time?
[18]
Explain.

Answer: (a.) Yes. P here would be testifying only by way of defense, not by
way of a claim against D’s estate. Hence the Dead Man’s Rule is inapplicable.

(b.) No. The fact that the administrator had filed a counterclaim against P
does not constitute a waiver by the estate of the Dead Man’s Rule. P’s
testimony here seeks to prove a claim against D’s estate.

14. D borrowed P1,000,000 from HF Lending Corporation. D died and HF brought

a money claim against the estate of D. May the loan office of HF testify on ante-
mortem facts regarding the loan of D?[19] Explain.

Answer: Yes. In as much as S23 R130 disqualifies only parties or assignors of

parties, the officers and/or stockholders of a corporation are not disqualified
from testifying for or against the lending corporation which is a party to an
action upon a claim or demand against the estate of a deceased person as to
any matter of fact occurring before the death of such deceased person.
15. May the survivor testify against the estate of the deceased if the decedent
was guilty of fraud?[20] Explain.

Answer: Yes. The survivor may testify against the deceased’s estate where
the deceased was guilty of fraud. The fraud should however be established
by evidence other than the survivor’s testimony.

16. What are the privileges under the Rules on Evidence?[21] Enumerate.

Answer: The following are the privileges under the Rules on Evidence.

 Marital Communication Privilege

 Attorney-Client Privilege
 Physician-Patient Privilege
 Priest-Penitent Privilege
 Public Interest Privilege
17. May a law enforcement official undertake surveillance, interception, or
recording of communications by terrorists or suspected terrorists? [22] Explain.

Answer: Yes. Under Section 7 of the Human Security Act, a law enforcement
official may apply for a written order from the Court of Appeals authorizing
the surveillance or interception or recording of communications by terrorists
or suspected terrorists. Such surveillance etc. shall not be authorized over
communications between attorneys and clients, physicians and patients,
journalists, and their sources, and confidential business correspondence.

18. Is the confidential character of a privileged communication lost if it is in the

form of an electronic document?[23] Explain.

Answer: No. The confidential character of a privileged communication is not

lost solely on the ground that it is in the form of an electronic document.

19. What is the marital communication privilege?[24]

Answer: It is the privilege which provides that the husband or wife cannot be
examined without the consent of the other as to any confidential
communication received 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 ascendants or descendants.

20. Juliet invoking the provisions of the Rule on Violence Against Women and their
Children filed with the RTC designated as a Family Court a petition for issuance of a Temporary
Protection Order (TPO) against her husband, Romeo. The Family Court issued a 30-day
TPO against Romeo. A day before the expiration of the TPO, Juliet filed a motion for
extension. Romeo in his opposition raised, among others, the constitutionality of R.A.
9262 (The VAWC Law) arguing that the law authorizing the issuance of a TPO violates the
equal protection and due process clauses of the 1987 Constitution. The Family Court judge,
in granting the motion for extension of the TPO, declined to rule on the constitutionality of
R.A. No. 9262. The Family Court judge reasoned that Famliy Courts are without jurisdiction
to pass upon constitutional issues, being a special court of limited jurisdiction and R.A. No.
8369, the law creating the Family Courts, does not provide for such jurisdiction. Was the
Family Court judge correct when he declined to resolve the constitutionality of R.A. No. 9262?
[25]

21. Distinguish the marital disqualification rule from marital communication

privilege.[26] Enumerate.

Answer: The marital disqualification rule is distinguished from the marital

communication privilege as follows:

 AS TO PERIOD OF EFFECTIVITY. The marital disqualification rule is

effective only during the existence of the marriage, while the marital
communication rule subsists even after the termination of the
marriage.

 AS TO SCOPE. The marital disqualification rule is a total prohibition

against any testimony by one spouse for or against the other, while
the marital communication privilege applies only to confidential
communications between the spouses.

 AS TO A SPOUSE BEING A PARTY TO THE ACTION. The marital

disqualification rule can be invoked only if one of the spouses is a
party to the action, while the marital communication privilege may be
invoked whether or not a spouse is a party to the action.

MARITAL DISQUALIFICATION RULE MARITAL COMMUNICATION PRIVILEGE

A blanket disqualification of a The privilege applies only to confidential

spouse from testifying for or against communications
the other

Effective only during the existence Effective during and after the marriage
of the marriage

Can be invoked only if one of the May be invoked whether or not a

spouses is a party to the action spouse is a party to the action
22. (a) If a confidential communication by one spouse to the other comes into the
hands of a third person, may the third person testify thereon? [27] Explain. (b) What
is the exception?[28]

Answer: Yes. Where the privileged communication comes into the hands of a
third person, the marital communication privilege does not apply unless the
aggrieved spouse shows that there was collusion between his spouse and the
third person.

23. In the prosecution of H for the murder of P, the paramour of H’s wife W, the
prosecutor called to the witness stand and offers the testimony of W in order to
prove the circumstances surrounding P’s killing. After preliminary questions, the
Prosecutor asked W if she saw H leave the crime scene minutes after the killing of
P. The defense objected on the ground of marital disqualification rule. (a) If you
were the judge, how will you rule on the objection? [29] Explain. (b) subsequently the
prosecutor asked W whether, days before the killing while resting in their bedroom,
H had told her that he hates P because of W’s feelings for P. The defense objected
on the ground of marital communication privilege. If you were the judge, how
would you rule on the objection?[30] Explain.

Answer: (a.) If I were the judge, I would overrule the objection.

Under the Rules of Evidence, objection to evidence offered orally must

be made immediately after the offer is made.

Here the defense did not immediately object at the time W’s testimony
was offered in evidence although the ground for the objection (that W was
H’s wife) was already apparent at that point. Hence the defense waived the
ground for the objection.

(b.) If I were the judge, I would sustain the objection.

Under the Rules of Evidence, objection to a question propounded in

the course of the witness’s oral examination shall be made as soon as the
grounds therefore shall become reasonably apparent.

Here the ground for the objection, that the communication was made
in confidence during the marriage, became reasonably apparent only at the
time the question was propounded. Hence the objection was timely made.

24. Suit by the Plaintiff wife against her husband. The husband did not object to
the wife taking the witness stand against him. The wife was asked regarding the
contents of a letter written by her husband to her. The husband objected to the
question on the ground of marital communication privilege. The Plaintiff argued that
the husband had waived his privilege when he did not object to his wife taking the
witness stand. Should the objection be sustained?[31] Explain.

Answer: Yes. While the husband waived the marital disqualification rule by
not raising the objection when the wife’s testimony was offered in evidence
at the time she took the witness stand, he did not thereby waive the
objection based on the marital communication privilege. The ground for the
objection based on marital communication privilege became apparent only at
the time the objectionable question was asked of the wife.
25. Does the attorney-client privilege include to similar communications made to
or received by the law student, acting for a legal clinic? [32] Explain.

26. What is the attorney-client privilege?[33]

Answer: The privilege which provides that an attorney cannot, without the
client’s consent, be examined as to any communication made by the client to
him or advice given thereon in the course of, or with a view to, professional
employment. The privilege extends to the attorney’s secretary, stenographer,
or clerk, who cannot be examined without the consent of the client and their
employer.

The rules safeguarding privileged communication between attorney

and client shall apply to similar communications made to or received by the
law student, acting for a legal clinic.

27. What is the purpose of the privilege of the attorney-client privilege?

[34]
Explain.

Answer: The purpose of the privilege is to encourage full and frank

communication between attorneys and their clients and thereby promote
broader public interests in the observance of law and administration of
justice. The privilege recognizes that sound legal advice or advocacy serves
public ends and that such advice or advocacy depends upon the lawyer’s
being fully informed by the client. The purpose of the privilege is to
encourage clients to make full disclosure to their attorneys.

28. P went to the office of Attorney J. P told J that he had committed murder and
wanted to engage J as his defense attorney. They did, however, agree on the fees,
so P did not engage J anymore. Was the communication by P to J that he has
committed murder privileged?[35] Explain.

Answer: Yes. The attorney-client privilege extends to communications made

by a person to a lawyer “with a view to professional employment.” Hence
even if the professional employment of the lawyer did not push through, any
 communication made to the lawyer with a view to engaging the lawyer is
privileged. Also Rule 15.02 of the Code of Professional Responsibility provides
that “[a] lawyer shall be bound by the rule on privilege communication in
respect of matters disclosed to him by a prospective client.”

29. Is there an exception to the attorney-client privilege?[36] Explain.

Answer: Yes. A lawyer may reveal secrets when necessary to collect fees or
to defend himself, his associates, or employees.

30. May the attorney himself be the one to invoke the privilege?[37] Explain.

Answer: Yes, either the client or his lawyer may raise the privilege.

31. Is the client’s identity covered by the attorney-client privilege? [38] Explain.

Answer: No. The general rule is that the client’s identity is not privileged
because without a client, there can be no attorney-client privilege; hence it is
but proper that the client be identified before the privilege may be invoked.

32. What are the exceptions to your answer in the immediately preceding
problem?[39] Enumerate.

Answer: The general rule however subject to the following exceptions:

1. Where a strong probability exists that revealing the client’s name would
implicate him in the very activity for which he sought the lawyer’s advice.
2. Where disclosure would expose the client to civil liability.
3. Where the government’s lawyers have no case against an attorney’s
client unless, by revealing the client’s name, the said name would furnish
the only link that would form the chain of testimony necessary to convict
an individual of a crime.
4. Where the client’s identity is relevant to the subject matter of the legal

problem on which the client sought legal assistance.

5. Where the nature of the attorney-client relationship has been previously
disclosed and it is the identity which is intended to be confidential, the
client’s identity is confidential since revelation would result in disclosure of
the entire transaction.
33. The Republic, through the PCGG, brought a suit against principal defendant
EC for recovery of ill-gotten wealth. Included as defendants were ZCCRA lawyers
TR, EA, and others. The Zccra lawyers admitted that they had assisted in the
organization and formation of the corporations involved in the sequestration
proceedings and that in keeping with office practice, they had acted as nominee-
stockholders in these corporations. Dropped by the PCCG as defendant was RR
upon his promise that he would disclose his client. PCGG told the ZCCRA lawyers
that they would be dropped from the complaint if they disclosed their clients, but
the lawyers refused to do so. The ZCCRA lawyers moved the Sandiganbayan that
they be excluded from the complaint but the SB denied their motion on the ground
that the attorney-client privilege does not apply to the client’s identity. Was the
identity of the ZCCRA lawyer’s clients privileged?[40] Explain.

Answer: Yes. The general rule is that the client’s identity is not privileged
because without a client, there can be no attorney-client privilege; hence it is
but proper that the client be identified before the privilege may be invoked.
The general rule is however subject to exceptions, such as (1) where a
strong probability exists that revelation of the client’s identity would
implicate him in the very activity for which he sought the lawyer’s advice,
and (2) where the government’s lawyers have no case against an attorney’s
client unless, by revealing the client’s name, the said name would furnish the
only link that would form the chain of testimony necessary to convict an
individual of a crime. Here for the ZCCRA lawyers to identify their clients
would implicate them in the very activity for which legal advice had been
sought, i.e., the alleged accumulation of ill-gotten wealth in the sequestered
corporations. Moreover disclosure of the client’s identity would provide the
necessary link for the prosecution to build its case where none had existed
before. The ZCCRA lawyers should be excluded from the complaint for it is
clear that the only purpose for their inclusion was to compel them to disclose
their clients.

34. J walks into a lawyer’s office with a view to engaging the lawyer as his
defense counsel. He confesses that he is a serial killer and has killed 32 people. Is
JD’s communication to his lawyer about his crimes privileged?[41] Explain.

Answer: Yes. The attorney-client privilege is all-encompassing and covers

communication regarding past crimes.

35. Based on the previous problem, what if JD tells the lawyer that he intends to
kill 32 more people as he has a goal of one murder victim for each square on the
chessboard. Is the information privileged?[42] Explain.

Answer: No. The attorney-client privilege covers only communications or

information regarding past crimes. Information regarding crimes intended to
be committed or future crimes is not privileged. The reason is obvious. The
lawyer and any law-abiding citizen for that matter has a duty to prevent
crimes when he is in a position to do so. Moreover the privilege cannot be
used as a shield to protect and abet wrong-doing.

36. Does the attorney-client privilege apply if the client is a corporation?

[43]
Explain.
 Answer: Yes. The problem is in determining who the client exactly is since a
corporation is an artificial creature and an inanimate entity. Under the
“control group test,” if the employee making the communication, of whatever
rank he may be, is in a position to control or even to take a substantial part
in a decision about any action which the corporation may take upon the
advice of the attorney, then, in effect, he is (or personifies) the corporation
when he makes his disclosure to the attorney and the privilege would apply.

37. A client furnished his lawyer with documents regarding a case for the purpose
of obtaining legal advice. The adverse party moved for the issuance of a subpoena
ducestecum to the lawyer to produce the documents. (a) May the lawyer invoke the
attorney-client privilege to quash the subpoena?[44] Explain. (b) What is the
exception to the rule that you invoked in your answer to the preceding question?
[45]
Explain.

Answer: (a) It depends if the documents while in the hands of the client were
privileged. If they were, the documents when turned over to the lawyer
would be protected by the attorney-client privilege. Where the transfer is
made for the purpose of obtaining legal advice, the purposes of the attorney-
client privilege would be defeated unless the privilege is applicable.
Otherwise clients would be discouraged from turning over relevant
documents to lawyers for fear of losing the privilege with the result that the
lawyer is unable to render effective legal service.

(b) if on the other hand, there is no pre-existing privilege in the documents,

there is no disincentive for the clients to hand over the documents to the
attorney and the latter’s ability to obtain informed legal advice will remain
unfettered. Hence the attorney-client privilege would not apply.

38. A taxpayer, who was under investigation for possible or criminal liability under
the federal income tax laws, after having obtained from his accountant certain
documents relating to the accountant’s preparation of his tax returns, transferred
the documents to his attorney to assist the taxpayer in connection with the
investigation. Subsequently, the Internal Revenue Service served summonses on
the attorney directing him to produce the documents, but the attorney refused to
comply. The government then brought enforcement actions, and, in each case, the
District Court ordered the summons enforced. The lawyer invoked the attorney-
client privilege and the Fifth Amendment (Privilege against self-incrimination) in
resisting compliance. May the summons be enforced?[46] Explain.

Answer: Yes. The test is that if the documents were privileged in the hands
of the client, then they would be privileged if turned over to the lawyer for
purposes of obtaining legal advice.
 Here the taxpayer cannot invoke the Fifth Amendment since the work paper’s
were not private having been prepared not by the taxpayer but by his
accountant. Hence compelling their production would not implicate the
taxpayer’s right against self-incrimination.

39. Discuss the physician-patient privilege.[47]

Answer: A person authorized to practice medicine, surgery, or obstetrics

cannot in a civil case, without the patient’s consent, be examined as to any
advice or treatment given by him or any information which he may have
acquired in attending such patient in a professional capacity, which
information was necessary to enable him to act in that capacity, and which
would blacken the patient’s reputation.

40. In a torts case filed by the Plaintiff against Defendants, may the plaintiff’s
doctor, over the objection of the plaintiff, be called by the defense to testify
regarding the extent of the plaintiff’s broken leg which the doctor treated?
[48]
Explain.

Answer: Yes. Information regarding the plaintiff’s broken leg would not
blacken his reputation. It would be different if what was treated was for
instance a sexually-transmitted disease or a mental aberration.

41. Mrs. X was examined by a psychiatrist and diagnosed to be suffering from

schizophrenia. Later Mr. X filed a petition for annulment of his marriage to Mrs. X.
During the trial, the psychiatrist was called as an expert witness. She was asked
questions to qualify her as a witness, she was asked to render an opinion as to
what illness the drug stelazine is prescribed for, she was asked to render an
aopinion on hypothetical facts respecting the behavior of a fictitious person, and
finally she testified that she saw and treated Mrs. X but without revealing her
illness, the result of the examination, and the medicines prescribed. Did the
psychiatrist’s testimony violate the physician-patient privilege?[49] Explain.

Answer: No. An attending physician may testify as an expert witness

provided his opinion is based strictly upon the hypothetical facts stated,
excluding and disregarding any personal knowledge of the patient acquired
through the physician-patient relationship.

42. A petition for declaration of nullity of marriage was filed by P against his wife
R on the ground of psychological incapacity. P was able to obtain a copy of a
confidential psychiatric report executed by R’s psychiatrist wherein it is stated that
R was schizophrenic and delusional. P was called to the stand by his lawyer to
testify on the contents of the psychiatric report. (a) R’s lawyer objected on the
ground that such testimony would violate the physician-patient privilege. If you
were the judge, how would you rule on the objection? [50] Explain. (b) If you were
R’s lawyer, would you have raised a different objection? [51] Explain.

Answer: (a) If I were the judge, I would overrule the objection.

The Supreme Court has held that the physician-patient

privilege bars only the physician not other persons from
testifying on the contents of the psychiatric report.

(b) If I were R’s lawyer, I would have raised the objection that the
psychiatric report was hearsay.

The Supreme Court has held that a written statement

offered to prove the truth of its contents is hearsay if the one
who wrote or executed the statement was not presented in
court.

Here the psychiatrist who prepared the report was not

presented in court. Hence the same is hearsay and inadmissible
in evidence.

43. Discuss the psychologist/psychometrician-client privilege.[52]

Answer: A psychologist or psychometrician cannot, without the consent of

the client/patient, be examined on any communication or information
disclosed and/or acquired in the course of giving psychological services to
such client. The protection accorded herein shall extend to all pertinent
records and shall be available to the secretary, clerk, or other staff of the
licensed psychologist or psychometrician. Any evidence obtained in violation
of this provision shall be in admissible for any purpose in any proceeding.

44. Discuss the priest-confessant privilege.[53]

Answer: A minister or priest cannot, without the confessant’s consent, be

examined as to any confession made to or advice given by him in his
professional character in the course of the discipline enjoined by the church
to which the minister or priest belongs. The communication must be made
with intent to obtain penance and not merely for religious and spiritual
counseling.

45. A priest was giving spiritual counseling to a married couple with problems.
During the course of the counseling, the wife confessed that she was having an
affair with another man. In a subsequent marriage nullity suit, may the priest
testify over the wife’s objection about her affair with another man? [54] Explain.
 Answer: Yes. The communication to the priest was made by the wife not with
intent to obtain penance. Hence it is not covered by the priest-confessant
privilege.

46. Discuss the public interest privilege.[55]

Answer: A public officer cannot be examined during his term of office or

afterwards, as to communications made to him in official confidence, when
the court finds that the public interest would suffer by the disclosure.

47. Banco Filipino (BF) filed a motion under Rule 27 of the Rules of Court for the
production of the tapes and the transcripts of the Monetary Board (MB)
deliberations on the closure of the BC. The MB opposed the motion on the ground
that these tapes and transcripts are privileged pursuant to the public interest
privilege under the Rules of Evidence. Is MB correct? [56] Explain.\

Answer: No. Under Section 24 (e) of Rule 130, the public interest privilege
would arise if the court finds that the public interest would suffer by the
disclosure. The MB has not established that public interest would suffer by
the disclosure. Considering the BF had already been closed by the Central
Bank, any disclosure of the tapes and transcripts would pose no danger or
peril to the economy.

48. What is executive privilege?[57]

Answer: zit is the privilege which protects the confidentiality of conversations

that take place in the President’s performance of his official duties. The
privilege may be invoked not only by the President but also by his close
advisors under the “operational proximity” test.

49. The Senate sought to question Romulo Neri (Neri), a member of President
Arroyo’s (Arroyo) Cabinet, on whether President Arroyo followed up the National
Broadcasting Network project (financed by Chinese Loans), whether she directed
him to prioritize it, and whether she directed him to approve it. Neri invoked
executive privilege stating that his conversations with the President dealt with
delicate matters relating to the impact of the scandal on high government officials
and the possible loss of confidence by foreign investors and lenders. May Neri’s
invocation of executive privilege be upheld?[58] Explain.

Answer: Yes. The Supreme Court upheld Mr. Neri’s invocation of executive
privilege (more specifically the presidential communications privilege) stating
that disclosure might impair our diplomatic as well as economic relations with
China. The SC distinguished this from U.S. v. Nixon, where there was an
ongoing criminal investigation into the Watergate break-in.
50. Is the name of and identity of an informant on a suspect in the crime of
terrorism confidential?[59] Explain.

Answer: Yes. Under Section 51 of the Human Security Act, the name and
identity of an informant on a suspect in the crime of terrorism shall be
considered confidential and shall not be unnecessarily revealed until after the
proceedings against the suspect shall have been terminated.

51. What is the Newsman’s or the editorial privilege?[60]

Answer: it is a privilege which provides that the publisher, editor, columnist,

or duly accredited reporter of a newspaper, magazine, or periodical of
general circulation cannot be compelled to reveal the source of any news
report or information appearing in said publication which was related in
confidence to such publisher, editor, columnist, or reporter.