[SIZE=3]KEEPING A LID ON IT[/SIZE]
[SIZE=3]Privileged Communication and Disqualification to Testify [/SIZE]

[SIZE=3]No one seems to keep secrets nowadays or is able to. History attributes to a violation of the seal of confession as the reason why the Katipunan was discovered prematurely. In such an age of prying eyes and even eavesdropping, some through electronic means, who are obliged to keep your secrets safe? At least, in the sense that these cannot be used against you in a court of law.[/SIZE]

[SIZE=3]So who can you really reveal things to? In fine, you can be open to your spouse, lawyer, doctor or minister. In turn, your parents, descendants and ascendants can likewise tell you everything, even their most nefarious criminal plans. This is because of the treatment given by the Rules of Court for what it defines as “privileged communication”. (All the citations relate to the Rules on Evidence). [/SIZE]

[SIZE=3]During the marriage “neither the husband nor the wife may testify for or against the other without the consent of the affected spouse xxx” (Section 22, Rule 130). In addition, a “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” (Section 24 [a], Rule 130). So everything said between the spouses should stay between them. [/SIZE]

[SIZE=3]The exception is if it involves a “civil case by one against the other” such as a case of annulment of marriage. Or if it is about a “criminal case for a crime committed by one against the other or the latter's direct descendants or ascendants.” So if you assault your wife’s relative and she sees it, she can testify against you. [/SIZE]

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[SIZE=3]Read on from The Legally Inclined blog at http://thelegallyinclined.wordpress.com. Feel free to forward the link to your friends and colleagues. And leave some feedback if you can.[/SIZE]