Distinction Between Marital DQ Rule Vs

1. Distinction between marital DQ rule vs. marital privilege rule.
The Marital Disqualification Rule provides that during their marriage, neither the husband nor the wife may testify for or against the other without the
consent of the affected spouse, except in a civil case by one against the other, or in a criminal case for a crime committed by one against the
other or the latter’s direct descendant or descendants. (Sec. 22, Rule 130)
Requisites for the Marital Disqualification Rule to apply: (Spousal Immunity)

1. Existence of a valid marriage
2. Communication was received during the marriage.
Exceptions to spousal immunity
a) Consent is given by the party-spouse or where no objection is interposed by the spouse who has the right to invoke the prohibition.
b) In a civil case filed by one against the other;
c) In a criminal case for a crime committed by one against the other or the latter’s direct descendants or ascendants (Sec. 22, Rule 130); or
d) Where the testimony was made after the dissolution of the marriage.
e) Where the marital and domestic relations of the spouses have become so strained that there is no more harmony and peace to be
preserved.
The Marital Privileged Communications Rule provides that the husband or the wife, during or after the marriage, cannot be examined without the
consent of the other as to any communication received in confidence by one from the other during the marriage except in a civil case by one
against the other, or in a criminal case for a crime committed by one against the other or the latter's direct descendants or ascendants (Sec.
24(a), Rule 130).
Requisites for the Marital Privileged Communications Rule to apply: (Spousal Privilege)
1. There must be a valid marriage between the husband and wife;
2. There is a communication received in confidence by one from the other; and
3. The confidential communication was received during the marriage.
4. The spouse against whom such evidence is being offered has not given his or her consent to such testimony.
Cases when marital privilege is inapplicable
1. In a civil case by one against the other; or
2. In a criminal case for a crime committed by one against the other or the latter’s direct descendants or ascendants (Sec. 24(a), Rule 130).
3. Information acquired by a spouse before the marriage even if received confidentially will not fall squarely within the privilege (Riano, 2013).
4. Where the marital and domestic relations of the spouses have become so strained that there is no more harmony and peace to be
preserved.
2. Requisites for admissibility of object evidence.
Object as evidence are those addressed to the senses of the court. When an object is relevant to the fact in issue, it may be exhibited to, examined or
viewed by the court (Sec. 1, Rule 130).
Object evidence, also known as real evidence, demonstrative evidence, autoptic preference and physical evidence, is that evidence which is addressed
to the senses of the court (Sec. 1, Rule 130). It is not limited to the view of an object. It covers the entire range of human senses: hearing,
taste, smell, and touch (Riano)
For object evidence to be admissible it must be:

1. Relevant
2. Competent
3. Duly authenticated
 To authenticate the object, it must be shown that the object is the very thing that is either the subject matter of the law suit or the very one
involved to prove an issue in the case. The authentication must be made by a competent witness who should identify the object to be the
actual thing involved.
4. Formally offered in evidence.
3. What is a leading question and when are they allowed?

A leading question is one which suggests to the witness the answer which the examining party desires. As a rule leading questions are not allowed.
However, leading questions are allowed in the following instances:
a) On cross and re-cross examination;
b) On preliminary matters;
c) When there is difficulty in getting direct and intelligible answers from a witness who is ignorant, or a child of tender years, or is of feeble
mind or a deaf-mute;
d) To unwilling witness or hostile witness;
e) Witness is an adverse party or an officer, director, or managing agent of a public or private corporation or of a partnership or association
which is an adverse party (Sec. 10, Rule 132); or
f) In all stages of examination of a child if the same will further the interests of justice (Sec. 20, AM 004-07-SC).
4. When do you make a formal offer of evidence?
If the evidence offered is testimonial evidence, the offer must be made at the time the witness is called to testify. Every time a new witness is called to
testify, there must be an offer of evidence.
 Objections to testimonial evidence must be made right after every question is propounded.
If the evidence offered is documentary and/or object evidence the offer must be made after the presentation of party’s testimonial evidence, and
before resting his case (Sec. 35, Rule 132). The evidence is only offered once, after all the testimonial evidence are offered and prior to the
resting of the case for a party.
 Objections to documentary or object evidence can only be made at the time of the formal offer of evidence.
NOTE: The presentation of a documentary or object evidence for marking and identification during the course of trial is not the offer contemplated in
the rules (Riano, 2013).

Distinction Between Marital DQ Rule Vs

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1. Distinction between marital DQ rule vs. marital privilege rule.

Requisites for the Marital Disqualification Rule to apply: (Spousal Immunity)

2. Requisites for admissibility of object evidence.

For object evidence to be admissible it must be:

3. What is a leading question and when are they allowed?

4. When do you make a formal offer of evidence?

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