PALS Evidence

Part 2

1:00-1:32

Deleted Provision: Sec. 21, Rule 130 on Mental Incapacity/Immaturity

It does not mean that it is no longer a DQ coz definitely if a person is insane he is DQ to testify

Consistent with the qualification of the present Sec 21, the person to be a witness is able to perceive
and perceiving can make known his perception to others at the time of his production in court

Still DQ:

1. Unsound mind
2. Child of tender age = DQ to testify
 conduct competency examination to know if the child knows what is right from wrong
as provided by the Child Witness Examination Rule
 covers child witness, victim or accused

Jurisprudence:

 a person of slight mental retardation to testify

 physical age of 48 but mental age of 60 allowed to testify
Test: ascertain the ability of the witness to perceive and make known his perception to others

Testimony Confined to Personal Knowledge (Sec. 22)

Old Rule Sec 36

Consistent with qualification of witness = personal knowledge and he was able to have personal
knowledge of the facts and circumstances because he was able to perceive

DQ of witness:

1. by reason of marriage
a. major change: testimony against the spouse is the only DQ
i. to promote harmony of the marriage
ii. alvarez case = wife was allowed to testify because they have been separated in
fact and there is no longer harmony to be preserved
b. for and against prohibited in the old rule

Privileged communication

Based on relationship and confidential information

1. attorney-client
a. extends to someone who is reasonably believed by the client to be a lawyer
 b. coverage of agency is expanded to those assisting the lawyer (paralegal, apprentice,
associates)
c. exceptions:
i. if the info received by the lawyer is in the furtherance of a crime
 People v Sandiganbayan, 341 Phil, 1997
ii. claimants through the same deceased client relevant to the issues between the
parties i.e. will contest - taken from FRE
 share what is in the mind of the deceased
iii. breach of duty by lawyer and client
 client breach the relationship =does not pay fees
iv. lawyer is acting as a attesting witness not as a lawyer
v. joint client – relevant to the interest of 2 or more clients (common interest)
 sue each other regarding their common interest

2. doctor – patient
a. extends to a psychotherapist and person reasonably to be licensed to practice medicine
or psychotherapist
b. remains limited to civil cases
c. to some extent, the communication received was expanded to diagnose or treatment
(dropped advice)
d. coverage of the privilege: physical, mental, emotional, drug and alcohol addiction
e. it applies also to members of the family who were there or any other individuals
assisting or under the direction of the doctor/psychotherapist
 nurse, resident, clinical assistant
f. psychotherapist – a person who is licensed to practice medicine and engaged in the
diagnosis or treatment of mental or emotional (not limited to psychiatrist)
g. removed the phrase blacken the reputation of the patient

3. penitent and priest

a. in the Old rules: penitential character and favor the Catholic Church
b. expanded to non-penitential communication
c. in a confidential nature
d. extends spiritual adviser
e. in the course of the discipline enjoined by church to which you belong – needs to be
enlightened by the SC

4. public officer and the State

a. change is not that material, accurate wording only
b. New Rules: during or after his tenure if the disclosure is privileged

Last paragraph of Sec 24:

 It applies to all privileged communication of Sec 24
 To protect the confidentiality even if there is spill over (3 rd persons)
 Original parties took reasonable precaution to maintain/protect its confidentiality
 Still considered privileged