The Market Monitor Minding the Nation's Business
“Section 21. Witnesses; their qualifications. – All persons who can perceive, and perceiving, can make known their perception to others, may be witnesses. 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”. General rule: All persons who can perceive, and perceiving, …
Points of View & Perspectives
April, 2024
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4 April
Weak Defense
The hacking of websites of different government agencies is becoming alarmingly rampant these days that one couldn’t help but ask if these institutions aren’t doing enough to thwart such cyber-attacks. For sure, these agencies have people to man their computer systems and are, in fact, spending millions of pesos to shield against cyber intruders. Yet, they proved no match to …
March, 2024
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12 March
Vietnamese tycoon’s trial and lessons for Filipino high-profile legal battles
The ongoing trial of Truong My Lan, the 66-year-old chair of Vietnamese real estate giant Van Thinh Phat, has sent shockwaves through Vietnam’s legal landscape. Accused of embezzling an astronomical sum, her case is not merely about financial malfeasance; it symbolizes a nation’s struggle against corruption and its determination to build a transparent and accountable business environment. Lan’s alleged misdeeds, …
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4 March
PROTECTION OF TRADE SECRETS
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 …
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 …