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Dreams must come true

4. Without the consent of the client concerning any fact the knowledge of which has been acquired in suchcapacity. ??

Are dentists, nurses, physicians, etc., covered by disqualification of Physician-Patient Privileged?

No, they are not included unless they are acting as an agent of a doctor otherwise they cannot invoke

disqualification.

Requisites of Physician-Patient Privileged1. A person authorized to practice medicine, surgery or obstetrics;2. It cannot be apply in a civil case;3. Any information which the physician may acquired in attending such patient in a professional capacity;4. This would blacken the reputation of the patient.

What is the communication covered by the Physician-Patient Privileged?

Not all confidential communication are privilege only those that would blacken the reputation of the patient.

Until when is the duration of the Physician-Patient Privileged?

It lasts even after death of the patient except in a valid waiver of the heirs.

Requisites of the Minister-Penitent Privilege

1. A confession must be given to a priest/minister;2. That the confession was made to or any advice given to him in his professional character;3. That the disclosure of the confession is without the consent of the person confessing.

Purpose behind the Minister-Penitent Privilege

1. The discipline of confession is enjoined with the religion he/she belongs.2. To encourage people with moral obligations.

Requisites in Privileged Communications to Public Officers

1. The communication is given during the term of office.2. The public interest would suffer by the disclosure.

Other privileged that shall not testify

1. Guardian ad litem - guardian appointed by the court in connection with custody or temporary litigation.2. Publisher, Editor, Reporter of any magazine, newspaper of general circulation cannot be compelled to reveal the

source of their information.

3. The voters cannot be compelled to disclose who they voted.4. Trade-secrets5. Bank deposits confidential under Bank Secrecy Law.6. Informers privileged, prosecution is not compelled to present informers because his information is

corroborative.

7. Conciliators and similar official regarding in conciliators proceedings.Sec 25. Parental and Filial Privileged

Purposes/Rationale:

a. To preserve the family ties

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b. To prevent perjuryc. To protect the family relationship

Art 215: No descendants shall be compelled against his parents, grandparentsdirect and filial privileged

Exception:

1. when such testimony is indispensable in a crime committed

Rules of Court (1959) shall prevail over Article 215 of the Family Code. The substantive law (1988) must govern.

ADMISSIONany extrajudicial statement or conduct, implied or express by a party to the present litigation that is

inconsistent with the position of a party with presently fixed.

Elements:

1. extrajudicial statement or conduct of a party2. the admitter is a party to a present litigation3. the conduct or statement is inconsistent with the position of a party presently fixed

EXTRAJUDICIAL ADMISSIONrebuttable evidence, not conclusive evidence, disputable and admissible as evidence

against the accused.

Rule of Admissionthe act, declaration or omission of a party as to a relevant fact may be given in evidence against

him.

SELF-SERVING DECLARATIONrefers to one which a party make extrajudicial to a party to favor his own interest. It is

not admissible as evidence against you.

Exception/Instances of Self-Serving Declaration are admissible

1. when they formed art of res gestae2. when they are in the formed of complaint or explanation of pain or suffering3. when they are part of a confession offered by the prosecution4. testimonial rehabilitation is where the credibility of a party has been assailed on the ground that his testimony is

a recent fabrication n which case his prior declaration even if self-serving can be admitted as evidence

5. when they are offered by the proponent6. when they are offered without any objection or waiver

ADMISSION COMPARED TO CONFESSION

1. Every confession is an admission, not all admission is a confession.2. Admission is an acknowledgement of a fact or circumstance which in itself is sufficient to authorize a conviction

and which tends only to establish an ultimate fact while confession is an acknowledgement of guilt.

3. Admission can be made by a third party while confession is made by a party himself.4. Admission can be expressed or implied while confession is always expressed.