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    Lara Chan Vs Chan

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    alexis ting
    This case involved a petition for nullity of marriage filed by Josielene Lara Chan against Johnny T. Chan on the grounds of neglect of support and mental deficiency. During pre-trial, Josielene requested a subpoena duces tecum for Johnny's hospital records to prove he was confined for mental issues. Johnny opposed, citing physician-patient privilege. The trial court and Court of Appeals denied the request. The Supreme Court affirmed, finding the request premature and that Johnny may still object to admission or disclosure of the records at trial. Physician-patient privilege covers medical records, and they are not subject to production until offered as evidence.

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    Lara Chan Vs Chan

    Uploaded by

    alexis ting
    41 views2 pages
    This case involved a petition for nullity of marriage filed by Josielene Lara Chan against Johnny T. Chan on the grounds of neglect of support and mental deficiency. During pre-trial, Josielene requested a subpoena duces tecum for Johnny's hospital records to prove he was confined for mental issues. Johnny opposed, citing physician-patient privilege. The trial court and Court of Appeals denied the request. The Supreme Court affirmed, finding the request premature and that Johnny may still object to admission or disclosure of the records at trial. Physician-patient privilege covers medical records, and they are not subject to production until offered as evidence.

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    This case involved a petition for nullity of marriage filed by Josielene Lara Chan against Johnny T. Chan on the grounds of neglect of support and mental deficiency. During pre-trial, Josielene requested a subpoena duces tecum for Johnny's hospital records to prove he was confined for mental issues. Johnny opposed, citing physician-patient privilege. The trial court and Court of Appeals denied the request. The Supreme Court affirmed, finding the request premature and that Johnny may still object to admission or disclosure of the records at trial. Physician-patient privilege covers medical records, and they are not subject to production until offered as evidence.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    41 views2 pages

    Lara Chan Vs Chan

    Uploaded by

    alexis ting
    This case involved a petition for nullity of marriage filed by Josielene Lara Chan against Johnny T. Chan on the grounds of neglect of support and mental deficiency. During pre-trial, Josielene requested a subpoena duces tecum for Johnny's hospital records to prove he was confined for mental issues. Johnny opposed, citing physician-patient privilege. The trial court and Court of Appeals denied the request. The Supreme Court affirmed, finding the request premature and that Johnny may still object to admission or disclosure of the records at trial. Physician-patient privilege covers medical records, and they are not subject to production until offered as evidence.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Josielene Lara Chan vs. Johnny T.

    Chan
    G.R. No. 179786
    July 24, 2013
    Third Division
    Ponente: Abad, J.

    Gist: A subpoena duces tecum for the production and submission in court of the respondent
    husband’s hospital record cannot be issued in a case for declaration of nullity of marriage where one of
    the issues is his mental fitness as a husband.

    Facts:

    Petitioner Josielene Lara Chan (Josielene) filed before the RTC a petition for the declaration of nullity of
    her marriage to respondent Johnny Chan (Johnny) on the grounds of his neglect of support to their
    family and his mental deficiency.

    During the pre-trial conference, Josielene pre-marked the Philhealth Claim Form that Johnny attached to
    his answer as proof that he was forcibly confined at the rehabilitation unit of the hospital. Following up
    on this point, she filed with the RTC a request for the issuance of a subpoena duces tecum addressed to
    the hospital, covering Johnny’s medical records when he was there confined.

    Johnny opposed the motion and invoked the physician-patient privilege which covered his medical
    records.

    The RTC sustained the opposition and denied Josielene’s motion. The CA affirmed the lower court’s
    ruling.

    Issue:

    Whether or not the CA erred in ruling that the trial court correctly denied the issuance of a subpoena
    duces tecum covering Johnny’s hospital records on the ground that these are covered by the privileged
    character of the physician-patient communication

    Ruling:

    The petition was denied. the Court upheld the decision of the CA which justified the denial of
    petitioner’s request for the production in court of respondent’s hospital records.

    1. The time to object the admission of evidence, such as the hospital records, would be at the time
    they are offered. The offer could be made part of the physician’s testimony or as independent
    evidence that he had made entries in those records that concern the patient’s health problems.
    Josielene’s request for subpoena duces tecum is premature since the offer of evidence should be
    made at the trial. it is when those records are produced for examination at the trial that Johnny may
    opt to object, not just to their admission in evidence, but more so to their disclosure.

    2. Josielene’s motion for the issuance of a subpoena duces

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