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    Filial and Parental Privilege

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    Jaymih Santos Abasolo
    This document discusses several types of evidentiary privileges and rules regarding out-of-court statements. It addresses parental privilege, which means parents cannot be compelled to testify against their descendants, and filial privilege, which means descendants cannot be compelled to testify against ancestors, with exceptions. It also discusses party admissions, hearsay exceptions, and the res inter alios acta rule regarding statements made by third parties.

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    Filial and Parental Privilege

    Uploaded by

    Jaymih Santos Abasolo
    495 views3 pages
    This document discusses several types of evidentiary privileges and rules regarding out-of-court statements. It addresses parental privilege, which means parents cannot be compelled to testify against their descendants, and filial privilege, which means descendants cannot be compelled to testify against ancestors, with exceptions. It also discusses party admissions, hearsay exceptions, and the res inter alios acta rule regarding statements made by third parties.

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    This document discusses several types of evidentiary privileges and rules regarding out-of-court statements. It addresses parental privilege, which means parents cannot be compelled to testify against their descendants, and filial privilege, which means descendants cannot be compelled to testify against ancestors, with exceptions. It also discusses party admissions, hearsay exceptions, and the res inter alios acta rule regarding statements made by third parties.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    495 views3 pages

    Filial and Parental Privilege

    Uploaded by

    Jaymih Santos Abasolo
    This document discusses several types of evidentiary privileges and rules regarding out-of-court statements. It addresses parental privilege, which means parents cannot be compelled to testify against their descendants, and filial privilege, which means descendants cannot be compelled to testify against ancestors, with exceptions. It also discusses party admissions, hearsay exceptions, and the res inter alios acta rule regarding statements made by third parties.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 3

    Filial and Parental Privilege

    Parental Privilege- the parents can’t be compelled to testify against his descendants.

    Filial Privilege- The descendants can’t be compelled to testify against his ascendants.

    EXC. When such testimony is indispensable in a crime against that person or by one parent against the
    other.

    Q. A Father inflicted serious physical injuries on his son. May the Son be compelled to testify against his
    father?

    A. yes, if it is indispensable.

    Trade and Industrial Secrets Privilege

    OUT-OF-COURT STATEMENTS (HARI)

    1. Hearsay
    2. Admissions. (party and vicarious)
    3. Res inter alios acta
    4. Independently relevant statements

    Generally 1 and 3- are not admissible

    2 and 4- are admissible in evidence

    PARTY ADMISSIONS-

    An act, statement, or omission (ASO)of a party as to a relevant fact may be given in evidence against
    him. Otherwise, it is a self serving evidence which is not admissible.

    Excluded from the hearsay rule and is therefore admissible.

    An admission need not be against the party’s interest.

    The admissions under R130 are extrajudicial admissions.

    EJ admissions v. Judicial Admissions

    EXTRAJUDICIAL ADMISSION JUDICIAL ADMISSION


    Made outside of the proceedings in the same Made in the course of the proceedings in the
    case same case.
    Must be offered in evidence in order to be No need to offer in evidence since they are
    considered by the court already form part of the records.
    May be contradicted by the admitter May not be contradicted by the admitter except
    by showing except by showing that the admission
    was made through palpable mistake. S24 R 129
    The admissions may be made by a party directly or vicariously.

    PARTY

    VICARIOUSLY- is not one made by the party but made by another person who stands in a close relation
    to a party such that the statement of that person may be imputed to the party principal. Ex. Statement
    of the Agent, statement of co- conspirator in a case.

    RES INTER ALIOS ACTA

    Under the rule of res inter alios acta, the ASO of a third person cannot be given in evidence against a
    party.

    Statement by a third person out of court. Hence, inadmissible.

    If made by a third person in the court, it is no longer hearsay, thus admissible available for cross-
    examination.

    Exception: is in the case of vicarious admissions.

    Importer- consignee may not be held criminally liable for false import declarations prepared and signed
    by his customs broker

    FAQ- Res inter alios acta rule is applicable only to out-of-court statements. In court statements may be
    offered against a third party.

    3 forms of party admissions

    1. Act
    2. Srtatement or declaration
    3. Omission

    Act

    1. Voluntary participation in the re-enactment of a crime conducted by the police.


    2. Flight from the scene of a crime
    3. Changing one’s appearance or name
    4. Transfer of property
    5. Attempt to bride witness

    Some acts on public-policy grounds not admissible as admission of liability

    1. Post-accident repairs
    2. Withdrawn or unaccepted offers of plea of guilty.
    3. Offers to pay or the payment of medical expenses (good Samaritan rule)
    4. Offers of compromise in civil cases.- to lessen the case loads of the courts

    NOTE: OFFER OF COMPROMISE IN CRIMINAL CASE is an admission of liability or guilt.

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