BLITZ NOTES IN REMEDIAL LAW FOR THE 2015 OCTOBER BAR EXAMS: in - TopicsExpress

BLITZ NOTES IN REMEDIAL LAW FOR THE 2015 OCTOBER BAR EXAMS: in United States v. Concepcion, 31 Phil. 182 (1915) the basis of the rule is said to be the considerations of public policy growing out of the marital relation. Said the Court: To allow one to testify for or against the other would be to subject him or her to great temptation to commit perjury and to endanger the harmony and confidence of the marital relation. At 187. On the other hand, in People v. Francisco, 78 Phil. 694 (1947), the Court gave as reasons for the privilege the following: First, identity of interests; second, the consequent danger of perjury; third, the policy of the law which deems it necessary to guard the security and confidences of private life even at the risk of an occasional failure of justice, and which rejects such evidence because its admission would lead to domestic disunion and unhappiness; and fourth, because, where a want of domestic tranquility exists, there is danger of punishing one spouse through the hostile testimony of the other. At 703. (JNLTACORDA, ATTY. BIDO AND ATTY. BERNABE OFFICE NOTES)

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