DISQUALIFICATION BY REASON OF PRIVILEGED COMMUNICATION

NON-APPLICABILITY
On grounds of public policy, the wife cannot testify against her
husband as to what came to her from him confidentially or by reason of the
marriage relation, but this rule does not apply to a dying declaration made
by the husband to the wife on the trial on the one who killed him. It cannot
be contended that the dying declaration testified to by the witness was a
confidential communication made to her; on the contrary, it was evidently
made in the furtherance of justice for the express purpose that it should be
testified to in the prosecution of the defendant.

APPLICABILITY
The record indicates that this case falls under the settled exceptions to
the rule: the private respondent’s inter-office memorandum falls within the
ambit of privileged communication rule. The rule on privileged
communications allows the latitude of expression embodied in the private
respondent’s second memorandum.