Title
Amendment on Witness Incompetency Rules
Law
Act No. 2252
Decision Date
Feb 11, 1913
Act No. 2252 amends the Code of Procedure in Civil Actions and Special Proceedings in the Philippine Islands to establish the incompetency of certain witnesses and the privilege of spouses, attorneys, clergymen, public officers, parties, and medical practitioners in providing testimony.

Law Summary

Spousal Testimony Privileges

  • A husband cannot testify for or against his wife without her consent.
  • A wife cannot testify for or against her husband without his consent.
  • Neither spouse may be examined about confidential communications made during the marriage without the other's consent.
  • Exceptions apply to civil actions between the spouses and criminal cases involving offenses committed by one spouse against the other.

Attorney-Client Privilege

  • Attorneys may not be examined about communications with their clients without client consent.
  • The privilege extends to attorneys' secretaries, stenographers, or clerks concerning facts learned in their employment.

Clergyman-Penitent Privilege

  • Clergymen or priests cannot be examined about confessions made in their professional capacity without the penitent’s consent.
  • This applies to confessions made under church-imposed disciplinary obligations.

Public Officer Confidentiality

  • Public officers cannot be compelled to disclose confidential communications made during their term if the court finds disclosure would harm public interests.

Restrictions on Parties Testifying About Deceased or Unsound Mind Represented Persons

  • Parties, assignors, or persons prosecuting claims against estates or representatives of deceased persons or persons of unsound mind cannot testify regarding facts before the death or incapacity.

Medical Professional Privilege

  • Medical practitioners cannot be compelled in civil cases to disclose patient information obtained in professional attendance without patient consent.
  • This applies to information necessary for diagnosis or treatment and that would harm the patient’s character if disclosed.

Effectivity

  • The Act takes effect immediately upon its passage.

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