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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

Kara and Diego are married. Diego is charged with robbery. Kara, subpoenaed as a defense witness, testifies that during a private dinner at their home Diego told her that he had planned the robbery and asked her to keep quiet, in the presence of a helper. The prosecution seeks to compel Kara to testify about the statement. (a) Identify the doctrine and governing rule. (b) Distinguish spousal Testimonial Privilege from Spousal Communications Privilege. (c) Apply to the facts: May Kara refuse to testify about the statement? Are there any exceptions that would permit testimony?

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Waiver by the testifying spouse; If Kara exercises any right to testify, the privilege would be considered waived. There is no spousal privilege in Philippine law; Kara may be compelled to testify as any other witness. The privilege permits testimony if the spouse is the accused; otherwise, Kara may testify to the confession with the other spouse’s consent. Spousal Testimonial Privilege; The spouse cannot be compelled to testify against the other spouse in a criminal case; Kara may refuse to testify about Diego’s statement.

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