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    Issue:: With Application For Preliminary Injunction

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    Michelle
    The document discusses whether Esperanza Alvarez, the sister of the complaining witness and wife of the accused Maximo Alvarez, can testify against her husband in a criminal arson case. The general rule is that spouses cannot testify against each other without consent, to preserve marital harmony and prevent perjury. However, there are exceptions when the marital relationship has already been strained, eliminating the reasons for the rule. In this case, the arson allegedly committed by the husband directly impairs the marital relationship by destroying trust and confidence between the spouses. Therefore, Esperanza Alvarez can testify against her husband.

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    Issue:: With Application For Preliminary Injunction

    Uploaded by

    Michelle
    37 views2 pages
    The document discusses whether Esperanza Alvarez, the sister of the complaining witness and wife of the accused Maximo Alvarez, can testify against her husband in a criminal arson case. The general rule is that spouses cannot testify against each other without consent, to preserve marital harmony and prevent perjury. However, there are exceptions when the marital relationship has already been strained, eliminating the reasons for the rule. In this case, the arson allegedly committed by the husband directly impairs the marital relationship by destroying trust and confidence between the spouses. Therefore, Esperanza Alvarez can testify against her husband.

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    8. Ramirez

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    The document discusses whether Esperanza Alvarez, the sister of the complaining witness and wife of the accused Maximo Alvarez, can testify against her husband in a criminal arson case. The general rule is that spouses cannot testify against each other without consent, to preserve marital harmony and prevent perjury. However, there are exceptions when the marital relationship has already been strained, eliminating the reasons for the rule. In this case, the arson allegedly committed by the husband directly impairs the marital relationship by destroying trust and confidence between the spouses. Therefore, Esperanza Alvarez can testify against her husband.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    37 views2 pages

    Issue:: With Application For Preliminary Injunction

    Uploaded by

    Michelle
    The document discusses whether Esperanza Alvarez, the sister of the complaining witness and wife of the accused Maximo Alvarez, can testify against her husband in a criminal arson case. The general rule is that spouses cannot testify against each other without consent, to preserve marital harmony and prevent perjury. However, there are exceptions when the marital relationship has already been strained, eliminating the reasons for the rule. In this case, the arson allegedly committed by the husband directly impairs the marital relationship by destroying trust and confidence between the spouses. Therefore, Esperanza Alvarez can testify against her husband.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Susan Ramirez, herein respondent, is the complaining witness in Criminal Case No.

    19933-MN for
    arson3 pending before the Regional Trial Court, Branch 72, Malabon City. The accused is Maximo
    Alvarez, herein petitioner. He is the husband of Esperanza G. Alvarez, sister of respondent.

    The private prosecutor called Esperanza Alvarez to the witness stand as the first witness against
    petitioner, her husband. Petitioner and his counsel raised no objection

    petitioner, through counsel, filed a motion5 to disqualify Esperanza from testifying against him
    pursuant to Rule 130 of the Revised Rules of Court on marital disqualification.

    This prompted respondent Susan Ramirez, the complaining witness in Criminal Case No. 19933-
    MN, to file with the Court of Appeals a petition for certiorari9 with application for preliminary injunction
    and temporary restraining order. 10

    ISSUE: whether Esperanza Alvarez can testify against her husband

    Ruling: Section 22, Rule 130 of the Revised Rules of Court provides:

    "Sec. 22. Disqualification by reason of marriage. – 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 descendants or ascendants."

    The reasons given for the rule are:

    1. There is identity of interests between husband and wife;

    2. If one were to testify for or against the other, there is consequent danger of perjury;

    3. The policy of the law is to guard the security and confidences of private life, even at the risk of an
    occasional failure of justice, and to prevent domestic disunion and unhappiness; and

    4. Where there is want of domestic tranquility there is danger of punishing one spouse through the
    hostile testimony of the other.11

    But like all other general rules, the marital disqualification rule has its own exceptions, both in civil
    actions between the spouses and in criminal cases for offenses committed by one against the other.
    Like the rule itself, the exceptions are backed by sound reasons which, in the excepted cases,
    outweigh those in support of the general rule. For instance, 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.
    Likewise, in such a situation, the security and confidences of private life, which the law aims at
    protecting, will be nothing but ideals, which through their absence, merely leave a void in the
    unhappy home.12

    Obviously, the offense of arson attributed to petitioner, directly impairs the conjugal relation between
    him and his wife Esperanza. His act, as embodied in the Information for arson filed against him,
    eradicates all the major aspects of marital life such as trust, confidence, respect and love by which
    virtues the conjugal relationship survives and flourishes.

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