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Disqualification by Reason of Privileged Communications

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Disqualification by reason of privileged communications…

Lacurom v. Jacoba
A.C. No. 5921, March 10, 2006
Carpio, J.:

DOCTRINE:
The marital privilege rule, being a rule of evidence, may be
waived by failure of the claimant to object timely to its
presentation or by any conduct that may be construed as implied
consent.

FACTS:
This present administrative case against the respondents
lawyers was stemmed from a resolution issued by a trial judge in
a civil case proceedings. Respondent Velasco-Jacoba was held in
contempt for her alleged filing of a Motion for Reconsideration
containing contemptuous remarks against the pairing judge,
Judge Lacurom. Respondent Velasco-Jacoba contended that she
was not the author of the subject motion but his husband, Atty.
Jacoba. On the other hand, respondent Jacoba denied that he
typed or prepared the said motion; furthermore, against
respondent Velasco-Jacoba’s statements implicating him, Jacoba
invoked the marital privilege rule in evidence. Hence, judge
Lacurom later rendered a decision finding Jacoba guilty of
contempt of court. Subsequently, Judge Lacurom filed an
administrative complaint against the spouses laywers, the herein
respondents, before the IBP. No Answer was filed despite
sufficient notice. IBP recommended for the suspension of the two
respondents.
ISSUE:
Whether or not marital privilege rule in evidence may be
invoked by Atty. Jacoba in the case at hand

RULING:
No, marital privilege rule in evidence may not be invoked in
the case at hand.
Section 24(a) of Rule 130 of the Rules of Court provides:

SEC. 24. Disqualification by reason of privileged


communication.—The following persons cannot testify
as to matters learned in confidence in the following
cases:
(a) The husband or the wife, during or after the
marriage, cannot be examined without the consent of
the other as to any communication received in
confidence by one from the other during the marriage
except in a civil case by one against the other, or in a
criminal case for a crime committed by one against the
other or the latter’s direct descendants or ascendants;
xxxx

However, the Supreme Court ruled that the marital privilege


rule, being a rule of evidence, may be waived by failure of the
claimant to object timely to its presentation or by any conduct
that may be construed as implied consent. This waiver applies to
Jacoba who impliedly admitted authorship of the subject motion.

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