IX.

TESTIMONIAL DISQUALIFICATION AND

TESTIMONIAL PRIVILEGE

1. What is testimonial privilege?

2. What is testimonial disqualification?
3. What is the difference between testimonial privilege and
testimonial disqualification?

Disqualification of Witnesses:

4. What is an absolute disqualification from being a witness?

5. What is a relative disqualification from being a witness?

6. Disqualification by reason of marriage:

a. When may a witness be disqualified by reason of

marriage (requisites)?
b. What are the other terms for this disqualification?
c. What is the rationale behind this disqualification?
d. Until when may a witness be disqualified by reason of
marriage?

7. Disqualification by reason of privileged communications:

a. What is a privileged communication?

b. May the communication still be considered privileged
even if it is already in the hands of a third person?
c. What is the rationale behind this disqualification?
d. In what relationships does this disqualification apply?
Give the requisites for the application of the
disqualification in each relationship.
e. When may a lawyer testify on privileged
communications?

Testimonial Privilege:

8. What is parental testimonial privilege?

9. What is filial testimonial privilege?
10.When is the parental or filial testimonial privilege not
available to a witness?
11. What are the requisites for the availment of testimonial
privilege relating to trade secrets?
12. What is a trade secret?
13.When is testimonial privilege relating to trade secrets not
applicable?