Filial and Parental Privilege

Parental Privilege- the parents can’t be compelled to testify against his descendants.

Filial Privilege- The descendants can’t be compelled to testify against his ascendants.

EXC. When such testimony is indispensable in a crime against that person or by one parent against the
other.

Q. A Father inflicted serious physical injuries on his son. May the Son be compelled to testify against his
father?

A. yes, if it is indispensable.

Trade and Industrial Secrets Privilege

OUT-OF-COURT STATEMENTS (HARI)

1. Hearsay
2. Admissions. (party and vicarious)
3. Res inter alios acta
4. Independently relevant statements

Generally 1 and 3- are not admissible

2 and 4- are admissible in evidence

PARTY ADMISSIONS-

An act, statement, or omission (ASO)of a party as to a relevant fact may be given in evidence against
him. Otherwise, it is a self serving evidence which is not admissible.

Excluded from the hearsay rule and is therefore admissible.

An admission need not be against the party’s interest.

The admissions under R130 are extrajudicial admissions.

EJ admissions v. Judicial Admissions

EXTRAJUDICIAL ADMISSION JUDICIAL ADMISSION

Made outside of the proceedings in the same
case
Must be offered in evidence in order to be
considered by the court
May be contradicted by the admitter
Made in the course of the proceedings in the
same case.
No need to offer in evidence since they are
already form part of the records.
May not be contradicted by the admitter except
by showing except by showing that the admission
was made through palpable mistake. S24 R 129
The admissions may be made by a party directly or vicariously.

PARTY

VICARIOUSLY- is not one made by the party but made by another person who stands in a close relation
to a party such that the statement of that person may be imputed to the party principal. Ex. Statement
of the Agent, statement of co- conspirator in a case.

RES INTER ALIOS ACTA

Under the rule of res inter alios acta, the ASO of a third person cannot be given in evidence against a
party.

Statement by a third person out of court. Hence, inadmissible.

If made by a third person in the court, it is no longer hearsay, thus admissible available for cross-
examination.

Exception: is in the case of vicarious admissions.

Importer- consignee may not be held criminally liable for false import declarations prepared and signed
by his customs broker

FAQ- Res inter alios acta rule is applicable only to out-of-court statements. In court statements may be
offered against a third party.

3 forms of party admissions

1. Act
2. Srtatement or declaration
3. Omission

Act

1. Voluntary participation in the re-enactment of a crime conducted by the police.

2. Flight from the scene of a crime
3. Changing one’s appearance or name
4. Transfer of property
5. Attempt to bride witness

Some acts on public-policy grounds not admissible as admission of liability

1. Post-accident repairs
2. Withdrawn or unaccepted offers of plea of guilty.
3. Offers to pay or the payment of medical expenses (good Samaritan rule)
4. Offers of compromise in civil cases.- to lessen the case loads of the courts

NOTE: OFFER OF COMPROMISE IN CRIMINAL CASE is an admission of liability or guilt.