4/17/2021

Doctor-patient privilege

Sec.24(c), rule 130

Who are covered?

- Physician
- Psychotherapist
- Patient
- Persons as witness in the treatment of patient

Psychiatrist as witness? Can the doctor-patient privilege be invoked? No. Sec.4, rule 28

OBGyne as witness for the adultery case filed against the wife. Objection is overruled. Only applies to
civil cases.

Priest and penitent

Sec. 24(d). rule 130

Note: where the confession was made, to the priest or minister?

It must be made in the professional character of the priest/minister in the course of discipline enjoined
by the Church to which the minister or priest belongs.

Confessed to the priest while playing basketball? Not covered by the privilege.

Coverage?

Any communication or confession made to or any advice given by him/her.

Public officer

Sec. 24(e), rule 130

Covered? A public officer during or after the tenure as to communications made to him in official
confidence, if disclosing such damages public interest.

It will still remain even if information is obtained by a 3 rd person.

Testimonial evidence

Testimonial privilege

Parental and filial privilege (Sec. 25, rule 130)

To whom such privilege belongs to?

If parental privilege, parents or ascendants against the child or direct descendants. If filial, to the
children or descendants against parents or direct ascendants.

Exception: such testimony is indispensable in a crime against that person or by one parent against the
other.
Related to trade secrets (sec. 26, rule 130)

Rule: person cannot be compelled.

Offer of compromise in civil case

- Not an admission of liability. If offered for other purposes, admissible.

When is offer of compromise not admissible? (sec. 28. Rule 130)

Rule: In civil cases.

Admission during hearing for discharge of accused to become a state witness (sec. 17. Rule 119)

Evidence adduced in support of the discharge shall form part of the trial.

Res inter alios acta (sec. 29, rule 130)

Admission by a 3rd party. Rights of a party cannot be prejudiced by the act, declaration or omission of
another. Not applicable on judicial admission.

Exceptions: sec. 30-33 of rule 130. Those who have heard or witness such act.

Effect: admissible.

Similar conduct rule (sec. 35, rule 130)

Can be admitted as evidence? No. the law will not consider evidence a person has done a certain act at a
particular time as probative of a contention that he/she has done a similar act at another time.

Exception: if the previous act is made to prove a specific intent, knowledge, identity, plan, system,
scheme, habit, custom or usage, and the like.

Hearsay (IMPORTANT!!!) lahat lols