JURIS NOTES
TESTIMONIAL EVIDENCEDISQUALIFICATIONS
MENTAL INCAPACITY /IMMATURITY MARITALDISQUALI-FICATIONDEADMAN’SSTATUTEPRIVILEGED COMMUNICATION
PRIVILEGEDMARITALCOMM.ATTORNEYOR HISEMPLOYEEPHYSICIANMINISTER /PRIESTPUBLICOFFICER
PERSONSDISQUALIFIEDThose whosemental condition,at the time of their productionfor examination,is such that theyare incapable of intelligentlymaking knowntheir perceptionChildren whosemental maturityis such as torender themincapable of perceiving thefacts respectingwhich they areexamined and of relating themtruthfullySpouses, withregard totestimony for or against the other spouse, withouthis / her consentParties, or assignors of parties to a case,or persons inwhose behalf acase isprosecuted,against anexecutor or administrator or other representative of a deceasedperson, or against a personof unsound mindSpousesAttorney or hissecretary,stenographer, or clerkA personauthorized topracticemedicine,surgery or obstetricsMinister / priestPublic officer REQUISITES(1)Spouses arelegally married.(2)The com-munication wasconfidential.(3)It was madeduring themarriage.(1)Attorney-client relation(2)Communica-tion by client toattorney in thecourse of or witha view to pro-fessionalemployment(1)Civil case(2)Physician-patient relation(3) Advice or treatment givenor informationacquired duringcourse of professional duty(4) Informationwas necessary(1) Communica-tion made topublic officer (2) Communica-tion made inofficialconfidence(3) Publicinterest wouldsuffer by thedisclosure of the
JURIS NOTES
for performanceof professionalduty(5) The disclo-sure would tendto blacken thepatient'sreputationcommunicationPERIOD OFDISQUALIFI-CATIONDuring themarriageDuring or after the marriageDuring his termof office or afterwardsSCOPE OFDISQUALIFI-CATIONAny matter of fact occurringbefore the deathof suchdeceasedperson, or beforesuch personbecome of unsound mindAny communica-tion received inconfidenceduring themarriageAny commu-nication made bythe client to theattorney or hisadvice giventhereon in thecourse of, or witha view toprofessionalemployment; or any fact theknowledge of which wasacquired by theclerk, stenogra-pher or secretaryin his capacity assuchAny advice or treatment givenby him or anyinformationwhich he mayhave acquired inattending suchpatient in aprofessionalcapacity, whichinformation wasnecessary toenable him to actin that capacityAny confessionmade to or anyadvice given byhim in hisprofessionalcharacter in thecourse of disciplineenjoined by hischurchCommunicationsmade to him inofficialconfidenceEXCEPTIONS(1)Civil case byone against theother;(2)Criminalcase for crimecommitted byone against theother, or thelatter’s directdescendants /ascendants(1)Civil case byOne against theother;(2)CriminalCase for crimecommitted byone against theother, or thelatter’s directdescendants /ascendants
JURIS NOTES
HOWDISQUALIFIC-ATION CUREDConsent of thespouseConsent of thespouseConsent of theclientConsent of thepatientConsent of theperson makingconfessionWHO MAYINVOKE /OBJECTClientPatientMAY IT BEWAIVED?Yes, by failure tomake a timelyobjection.YesYesWHEN TO BEOBJECTED TOBefore theanswer to thequestion for itsrevelation
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