Zulueta Vs CA
Zulueta Vs CA
Zulueta Vs CA
Court of Appeals
G.R. No. 107383
February 20, 1996
FACTS:
1. Petitioner Cecilia Zulueta is the wife of private respondent Alfredo Martin. On March
26, 1982, petitioner entered the clinic of her husband, a doctor of medicine, and in
the presence of her mother, a driver and private respondent's secretary, forcibly
opened the drawers and cabinet in her husband's clinic and took 157 documents
consisting of private correspondence between Dr. Martin and his alleged
paramours, greetings cards, cancelled checks, diaries, Dr. Martin's passport, and
photographs.
2. The documents and papers were seized for use in evidence in a case for legal
separation and for disqualification from the practice of medicine which petitioner
had filed against her husband.
3. Dr. Martin brought an action for the recovery of documents and papers, as well as
damages against her wife before the RTC. The RTC ruled in his favor, declaring him
to be the exclusive owner of such documents. The writ of preliminary injunction was
made final and petitioner Cecilia Zulueta and her attorneys and representatives
were enjoined from using or submitting/admitting as evidence the documents and
papers in question. On appeal, the Court of Appeals affirmed the decision of the
Regional Trial Court. Hence this petition.
ISSUE:
Whether or not the documents and papers in question are inadmissible in evidence
RULING:
No. Indeed, the documents and papers in question are inadmissible in evidence. The
constitutional injunction declaring “the privacy of communication and correspondence to
be inviolable” is no less applicable simply because it is the wife (who thinks herself
aggrieved by her husband’s infidelity) who is the party against whom the constitutional
provision is to be enforced. The only exception to the prohibition in the Constitution is if
there is a “lawful order from court or when public safety or order requires otherwise, as
prescribed by law.” Any violation of this provision renders the evidence obtained
inadmissible “for any purpose in any proceeding.”
The intimacies between husband and wife do not justify any one of them in breaking the
drawers and cabinets of the other and in ransacking them for any telltale evidence of
marital infidelity. A person, by contracting marriage, does not shed his/her integrity or his
right to privacy as an individual and the constitutional protection is ever available to him or
to her.
The law ensures absolute freedom of communication between the spouses by making it
privileged. Neither husband nor wife may testify for or against the other without the
consent of the affected spouse while the marriage subsists. Neither may be examined
without the consent of the other as to any communication received in confidence by one
from the other during the marriage, save for specified exceptions. But one thing is freedom
of communication; quite another is a compulsion for each one to share what one knows
with the other. And this has nothing to do with the duty of fidelity that each owes to the
other.