Text of the provision
Art. 215. No descendant shall be compelled, in a criminal case, to testify against his parents and grandparents, except when such testimony is indispensable in a crime against the descendant or by one parent against the other.
(315a)
Family Code of the Philippines, Executive Order No. 209, approved July 6, 1987. The Code took effect on August 3, 1988 (Republic v. Orbecido III, G.R. No. 154380, October 5, 2005). Reproduced in full.
What this article means
This preserves family solidarity inside the courtroom. A descendant cannot be forced, in a criminal case, to testify against a parent or grandparent. The privilege is the descendant's protection against being made an instrument of an ascendant's conviction.
It gives way in two situations where the testimony is indispensable: a crime committed against the descendant themselves, or a crime by one parent against the other. In those cases the shield does not apply.
Related provisions
- Article 209 — the nature of the parent-child relationship this protects.
- Article 211 — the reciprocal duty of respect toward parents.
Cases interpreting this article
- Authorities on Article 215 will be added here as each is verified against primary sources.