A. General Provisions and Principles (Rule 128)

C. Adoption (part 3 of 3)

> a) Birth certificate of petitioner;

b) Marriage contract, if married, and, if applicable, the divorce decree, or judment dissolving the marriage;

c) Sworn statement of consent of petitioner's evaluation of the petitioner's biological or adopted children above ten (10) years of age;

d) Physical, medical and psychological evaluation of the petitioner certified by a duly licensed physician and psychologist;

e) Income tax returns or any authentic document showing the current financial capability of the petitioner;

f) Police clearance of petitioner issued within six (6) months before the filling of the petitioner;

g) Character reference fom the local church/minister, the petitioner employer and a member of the immediate community who have known the petitioner for at least five (5) years;

h) Full body postcard-size pictures of the petitoner and his immediate family taken at least six (6) months before the filling of the petition.

SEC. 32. Duty of Court.- The court, after finding that the petition is sufficient in form and substance and a proper case for inter-country adoption, shall immediately transmit the petition to the Inter-Country Adoption Board for appropriate action.

SEC. 33. Effectivity.- This Rule shall take effect on August 22, 2002 following its publication in a newspaper of general circulation.

Civil and Criminal Contempt Distinguished

General Rule

Violation, impediment or impairment of a person’s rights and liberties by any public officer or employee, or any private individual.

Duration

General rule: During their marriage [Sec. 23 Rule 130]

Exception: Where the marital and domestic relations are so strained that there is no more harmony to be preserved nor peace and tranquility which may be disturbed, the reason based upon such harmony and tranquility fails. In such a case, identity of interests disappears, and the consequent danger of perjury based on that identity is non-existent [Alvarez v. Ramirez, G.R. No. 143439 (2005)]

OTHER PRIVILEGED COMMUNICATION NOT IN THE RULES OF COURT

• Newsman’s Privilege General rule: Publisher, editor or duly accredited reporter of any newspaper, magazine or periodical of general circulation cannot be compelled to reveal the source of any news-report or information appearing in said publication which was related in confidence to such publisher, editor or reporter Exception: Court or a House/Committee of Congress finds that such revelation is demanded by security of the State Note: This is without prejudice to his liability under the civil and criminal laws [R.A. 53, as amended by R.A. 1477]
• Information in Conciliation Proceedings All information and statements made at conciliation proceedings shall be treated as privileged communications [Art. 233, Labor Code]
• Data Privacy Act Personal information controllers may invoke the principle of privileged communication over privileged information that they lawfully control or process. Subject to existing laws and regulations, any evidence gathered on privileged information is inadmissible [Sec. 15, RA 10173]
• Food and Drug Administration Act Prohibits the use of a person to his own advantage, or revealing, other than to the Secretary of Health or officers or employees of the Department of Health or to the courts when relevant in any judicial proceeding under this Act, any information acquired under authority Board of Food Inspection and Board of Food and Drug, or concerning any method or process which as a trade secret is entitled to protection [Secs. 9, 11 (f) and 12, RA 3720]

Examination of a Witness

viii. Sexual abuse shield rule<br>

General Rule: The following evidence is inadmissible in any criminal proceeding involving alleged child sexual abuse:

• Evidence offered to prove that the alleged victim engaged in other sexual behavior; and
• Evidence to prove the sexual predisposition of the alleged victim

Exception: Evidence of specific instances of sexual behavior by the alleged victim to prove that a person other than the accused was the source of the semen, injury, or other physical evidence shall be ADMISSIBLE