Exercises created by Atty. Gerry T. Galacio; all rights reserved. You can freely use these exercises, but you must not upload
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| [1] Who can be witnesses? | All persons who can perceive, and perceiving, can make known their perception to others, may be witnesses. (Sec. 20) |
| [2] What cannot be used as grounds for disqualifying a witness? | (1) Religious or political belief, (2) interest in the outcome of the case, or (3) conviction of a crime unless otherwise provided by law. (Sec. 20) |
| [3] Complete the following: The following persons cannot be witnesses: (a) Those whose mental condition, ____________________, is such that they are incapable of ____________________ to others; (Sec. 21) | (a) Those whose mental condition, at the time of their production for examination, is such that they are incapable of intelligently making known their perception to others; (Sec. 21) |
| [4] Complete the following: Sec. 21. Disqualification by reason of mental incapacity or immaturity. The following persons cannot be witnesses: (b) Children whose mental maturity is such as to render them ____________________ respecting which they are examined and of ____________________. | (b) Children whose mental maturity is such as to render them incapable of perceiving the facts respecting which they are examined and of relating them truthfully. |
| [5] During their marriage, neither the husband nor the wife may testify for or against the other without the consent of the affected spouse. Exceptions? | (1) In a civil case by one spouse against the other; or (2) in a criminal case for a crime committed by one spouse against the other or the latter's direct descendants or ascendants. (Sec. 22) |
| [6] Under Section 23, what is the disqualification for witnesses in their testimony against a dead party or an insane party? | They cannot testify as to any matter of fact occurring (1) before the death of the deceased person, or (2) before the person became of unsound mind. |
| [7] Complete the following: Sec. 24. Disqualification by reason of privileged communication The following persons cannot testify as to matters learned in confidence in the following cases: (b) An attorney cannot, ____________________, be examined as to any communication made by the client to him, or his advice given thereon in the course of, or with a view to, professional employment, nor can an attorney's ____________________ be examined, without the consent of the client and his employer, concerning any fact the knowledge of which has been acquired in such capacity; | (b) An attorney cannot, without the consent of his client, be examined as to any communication made by the client to him, or his advice given thereon in the course of, or with a view to, professional employment, nor can an attorney's secretary, stenographer, or clerk be examined, without the consent of the client and his employer, concerning any fact the knowledge of which has been acquired in such capacity; |
| [8] Complete the following: Sec. 24. Disqualification by reason of privileged communication The following persons cannot testify as to matters learned in confidence in the following cases: (c) A person authorized to practice medicine, surgery or obstetrics cannot in a __________, without the consent of the patient, be examined as to any advice or treatment given by him or any information which he may have acquired in attending such patient in a professional capacity, which information was necessary to ____________________, and which would ____________________ of the patient; | (c) A person authorized to practice medicine, surgery or obstetrics cannot in a civil case, without the consent of the patient, be examined as to any advice or treatment given by him or any information which he may have acquired in attending such patient in a professional capacity, which information was necessary to enable him to act in that capacity, and which would blacken the reputation of the patient; |
| [9] Complete the following: Sec. 24. Disqualification by reason of privileged communication The following persons cannot testify as to matters learned in confidence in the following cases: (d) A minister or priest cannot, without the consent of the person making the confession, be examined as to any __________ made to or any __________ given by him in his professional character in the ____________________ to which the minister or priest belongs; | (d) A minister or priest cannot, without the consent of the person making the confession, be examined as to any confession made to or any advice given by him in his professional character in the course of discipline enjoined by the church to which the minister or priest belongs; |
| [10] Complete the following: Sec. 24. Disqualification by reason of privileged communication (e) A public officer cannot be examined during his term of office or afterwards, as to communications made to him in __________, when the court finds that the ____________________. | (e) A public officer cannot be examined during his term of office or afterwards, as to communications made to him in official confidence, when the court finds that the public interest would suffer by the disclosure. |
| [11] What is “parental and filial testimonial privilege?” | No person may be compelled to testify against his parents, other direct ascendants, children or other direct descendants. (Sec. 25) |