Rule 130, Section 24 — Disqualification by reason of privileged communication[s]

Text of the provision

Sec. 24. Disqualification by reason of privileged communication[s]. — 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.­ (b) An attorney or person reasonably believed by the client to be licensed to engage in the practice of law cannot, without the consent of the client, be examined as to any communication made by the client to him or her, or his or her advice given thereon in the course of, or with a view to, professional employment, nor can an attorney's secretary, stenographer, or clerk, or other persons assisting the attorney be examined without the consent of the client and his or her employer, concerning any fact the knowledge of which has been acquired in such capacity, except in the following cases: (i) Furtherance of crime or fraud. If the services or advice of the lawyer were sought or obtained to enable or aid anyone to commit or plan to commit what the client knew or reasonably should have known to be a crime or fraud; (ii) Claimants through same deceased client. As to a communication relevant to an issue between parties who claim through the same deceased client regardless of whether the claims are by testate or intestate or by inter vivos transaction; (iii) Breach of duty by lawyer or client. As to a communication relevant to an issue of breach of duty by the lawyer to his or her client or by the client to his or her lawyer; (iv) Document attested by the lawyer. As to a communication relevant to an issue concerning an attested document to which the lawyer is an attesting witness; or (v) Joint clients. As to a communication relevant to a matter of common interest between two [ ] or more clients if the communication was made by any of them to a lawyer retained or consulted in common, when offered in an action between any of the clients, unless they have expressly agreed otherwise. (c) A physician, psychotherapist or person reasonably believed by the patient to be authorized to practice medicine or psychotherapy cannot in a civil case, without the consent of the patient be examined as to any confidential communication made for the purpose of diagnosis or treatment of the patient's physical. mental or emotional condition, including alcohol or drug addiction, between the patient and his or her physician or psychotherapist. This privilege also applies to persons, including members of the patient's family, who have participated in the diagnosis or treatment of the patient under the direction of the physician or psychotherapist. A "psychotherapist" is: (a) A person licensed to practice medicine engaged in the diagnosis or treatment of a mental or emotional condition, or (b) A person licensed as a psychologist by the government while similarly engaged. (d) A minister, priest or person reasonably believed to be so cannot without the consent of the affected person, be examined as to any communication or confession made to or any advice given by him or her, in his or her professional character, in the course of discipline enjoined by the church to which the minister or priest belongs. (e) A public officer cannot be examined during or after his or her tenure as to communications made to him or her in official confidence, when the court finds that the public interest would suffer by the disclosure. The communication shall remain privileged, even in the hands of a third person who may have obtained the information, provided that the original parties to the communication took reasonable precaution to protect its confidentiality. 2. Testimonial Privilege

2019 Revised Rules on Evidence (A.M. No. 19-08-15-SC), Rule 130, Section 24. Reproduced verbatim and verified against the Supreme Court's official published text and the ChanRobles rendering.