3. Privileges

Applicability<br>

The rule is applied to both civil and criminal cases [Herrera]

The privilege cannot apply between stepmothers and stepchildren because the rule applies only to direct ascendants and descendants, a family tie connected by a common ancestry. [Lee v. C.A., G.R. No. 2. 177861 (2010)]

A child can waive the filial privilege and choose to testify against his father. The rule refers to a privilege not to testify, which can be invoked or waived like other privileges. [People v. Invencion y Soriano, G.R. No. 131636 (2003)]

Trade Secrets

General Rule: A person cannot be compelled to testify about any trade secret

Except: the non-disclosure will conceal fraud or otherwise work injustice

When disclosure is directed, the court shall take protective measures, as required by

• the interests of the owner of the trade secret;
• the interests of the parties; and
• the furtherance of justice [Sec. 26, Rule 130]

Note: This is a new rule.

Parental and filial privilege rule

No person shall be compelled to testify against his or her parents, other direct ascendants, children and other direct descendants, except when such testimony is indispensable in a crime against that person or by one parent against the other. (Rule 130, Sec. 25)

Note: This provision was amended in 2019 to include the exception under Art. 215 of the Family Code.

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.

There are two privileges embodied in this rule:

Parental privilege rule and Filial privilege rule

• Parental Privilege: A parent cannot be compelled to testify against his child or direct descendants
• Filial Privilege: A child cannot be compelled to testify against his parents or other direct ascendants

When the privilege does not apply

• Voluntary testimony; waiver

A person may voluntarily testify against his parents, but if he refuses to do so, the rule protects him from any compulsion.

This rule is not strictly a rule on disqualification because a descendant is not incompetent or disqualified to testify against an ascendant. The rule refers to a privilege not to testify, which can be invoked or waived like other privileges. Elven was not compelled to testify against his father; he chose to waive that filial privilege when he voluntarily testified against Artemio. Elven declared that he was testifying as a witness against his father of his own accord and only to tell the truth (People v. Invencion, G.R. No. 131636, 2003)

• Persons other than direct ascendants and descendants

The privilege under the provision mentioned applies only to direct ascendants and descendants, a family tie connected by a common ancestry. A stepdaughter has no common ancestry by her stepmother. (Lee v. Court of Appeals, G.R. No. 177861, 2010