The Market Monitor Minding the Nation's Business
Section 26. Privilege relating to trade secrets. – A person cannot be compelled to testify about any trade secret, unless the non-disclosure will conceal fraud or otherwise work injustice. When disclosure is directed, the court shall take such protective measure as the interest of the owner of the trade secret and of the parties and the furtherance of justice may …
Points of View & Perspectives
March, 2024
February, 2024
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12 February
Trade Secret Privilege
Section 26. Privilege relating to trade secrets. – A person cannot be compelled to testify about any trade secret, unless the non-disclosure will conceal fraud or otherwise work injustice. When disclosure is directed, the court shall take such protective measure as the interest of the owner of the trade secret and of the parties and the furtherance of justice may …
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5 February
What is executive privilege?
In the case of Romulo Neri v. Senate Committee on Accountability of Public Officers and Investigations, Senate Committee on Trade and Commerce, and Senate Committee on National Defense and Security, G.R. No. 180643, September 4, 2008, En banc the Supreme Court held: The phrase “executive privilege” is not new in this jurisdiction. It has been used even prior to the …
January, 2024
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24 January
Doctor-Patient Relationship
It provides that a doctor cannot be examined in a civil case without the consent of his patient as to communication made by the patient to the doctor or the doctor’s advice or treatment given to the patient. This privilege also applies to persons, including members of the patient’s family, who have participated in the diagnosis or treatment of the …
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15 January
Attorney-Client Relationship
Section 2. Lawyer-client relationship. — A lawyer-client relationship is of the highest fiduciary character. As a trust relation, it is essential that the engagement is founded on the confidence reposed by the client on the lawyer. Therefore, a lawyer-client relationship shall arise when the client consciously, voluntarily and in good faith vests a lawyer with his or her confidence for …
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10 January
Privileged Communication, Attorney-Client Relationship
Section 2. Lawyer-client relationship. — A lawyer-client relationship is of the highest fiduciary character. As a trust relation, it is essential that the engagement is founded on the confidence reposed by the client on the lawyer. Therefore, a lawyer-client relationship shall arise when the client consciously, voluntarily and in good faith vests a lawyer with his or her confidence for …
December, 2023
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28 December
The 2019 Revised Rules on Evidence provides
Section 24. Disqualification by reason of privileged communication[s]. – The following persons cannot testify as to matters learned in confidence in the following cases: a. 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 …
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18 December
The lure of Simbang Gabi among Filipinos
Simbang Gabi, which begins on December 16 Saturday for those attending physical dawn masses (4 or 4:30 a.m.) around the country and on December 15 Friday (for those attending physical anticipated masses of 7 or 8 p.m.), is a tradition that Filipinos hold so dearly. More, however, are lured to the dawn masses because of side attractions like the puto …
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11 December
Qualifications of Witnesses
Section 21. Witnesses; their qualifications. – All persons who can perceive, and perceiving, can make known their perception to others, may be witnesses. (20a) 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. (20) General rule: All persons who can perceive, …
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5 December
Different Interpretations of Contracts
Section 19. Construction in favor of natural right. – When an instrument is equally susceptible of two(2) interpretations, one in favor of natural right and the other against it, the former is to be adopted. (18) Basic is the rule that a contract constitutes the law between the parties. Parties may validly stipulate the unilateral rescission of a contract. (Associated …