Question & AnswerQ&A (Act No. 2252)
The main purpose of Act No. 2252 is to amend Section 383 of Act No. 190, providing privileges to certain witnesses by specifying who cannot be compelled to testify in civil actions and special proceedings in the Philippine Islands.
Incompetent witnesses include: those of unsound mind at the time of examination; children of such tender age or capacity as to be incapable of receiving or relating facts truly; spouses without mutual consent except in certain cases; attorneys without client consent; clergymen without penitent's consent; public officers regarding official confidences; parties prosecuting claims against estates or persons of unsound mind; and medical practitioners without patient consent in civil cases.
No, a husband cannot be examined for or against his wife without her consent, except in civil actions by one against the other or criminal proceedings for crimes committed by one against the other.
Attorneys cannot be examined about communications made by their clients or advice given in the course of professional employment without the consent of the client.
A clergyman or priest cannot be examined as to any confession made to him in his professional character during church discipline without consent of the person making the confession.
A public officer cannot be examined during or after his term regarding official confidential communications if the court finds that public interests would suffer by the disclosure.
Children who appear to the court to be of such tender age and inferior capacity that they cannot receive just impressions of facts or relate them truthfully are deemed incompetent witnesses.
Yes, the privilege against testifying without consent extends during the marriage and afterwards, except in cases of civil or criminal actions by one against the other.
Medical practitioners cannot be compelled without the patient's consent in civil cases to disclose professional information likely to blacken the patient's character.
No, parties or persons prosecuting claims against estates or persons of unsound mind cannot testify about any facts occurring before the death of the deceased or before the person became of unsound mind.