Dear PAO,

My aunt recently received a subpoena to testify in a petition filed against her stepdaughter for the deletion of the surname “Perez” from her certificate of live birth. However, my aunt does not want to testify. From my research, I learned that the court cannot compel my aunt to testify because she is an ascendant of her stepdaughter and may be covered by testimonial privilege. Please enlighten me.

David

Dear David,

The testimonial privilege specified in the Revised Rules on Evidence was made to preserve the harmonious relations between parent and child which could be ruptured through testifying in court. Perjury may also result because the parent or the child may give false testimony to protect the other. According to Section 21, Rule 130 of the Revised Rules on Evidence:

“Sec. 21. All persons who can perceive, and perceiving, can make known their perception to others, may be witnesses.

“Religious or political belief, interest in the outcome of the case, or conviction of a crime, unless otherwise provided by law, shall not be a ground for disqualification.”

This simply means the witness must have all the qualifications and none of the disqualifications under the Rules.

Section 25 of Rule 130 of the Rules on Evidence states:

“Sec. 25. Parental and filial privilege. – No person may be compelled to testify against his parents, other direct ascendants, children or other direct descendants.”

This legal provision provides two testimonial privileges — parental privilege and filial privilege. Parental privilege is a testimonial privilege that forbids a person from testifying against his or her parents or other direct ascendants. On the other hand, filial privilege is a testimonial privilege that forbids a person from testifying against his or her children or other direct descendants. The exception provided under this rule is an incorporation of the provision of Article 215 of the Family Code, which states:

“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.”

In the situation you mentioned, please be informed of the Supreme Court decision in the case of Lee v. Court of Appeals et al., GR 177861, July 13, 2010, where it was decided through Associate Justice Roberto Abad, that the testimonial privilege only applies to direct ascendants and descendants. As such, the privilege cannot be invoked when a person is called upon to testify against any relative who is not among his or her direct ascendants and descendants. The Supreme Court declared in the said case:

“But here Tiu, who invokes the filial privilege, claims that she is the stepmother of petitioner Emma Lee. The privilege cannot apply to them because the rule applies only to ‘direct’ ascendants and descendants, a family tie connected by a common ancestry. A stepdaughter has no common ancestry by her stepmother. Article 965 thus provides:

“‘Art. 965. The direct line is either descending or ascending. The former unites the head of the family with those who descend from him. The latter binds a person with those from whom he descends.'” (Emphasis ours)

In the case of your aunt, considering there is no common ancestry between your aunt and her stepdaughter, testimonial privilege cannot be invoked by either of them. As declared by the Supreme Court, a stepdaughter has no common ancestry with her stepmother. Consequently, your aunt cannot invoke filial privilege to avoid testifying in court relative to the case filed against her stepdaughter.

We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]