2. Question Number 1
1. Differentiate petition for review on certiorari and special civil
action of certiorari. (5%)
2. Enumerate the court orders or judgments of regional trial courts
which are not appealable. (5%)
3. H and W are in a relationship since 2010. On year 2011, H killed
his bestfriend in front of W. W was the only witness to such crime.
On 2012, H and W got married. On 2013, H committed the crime
of fencing. In 2014, H confided the commission of the crime of
fencing to W. In 2015, the marriage of H and W were dissolved on
the ground of psychological incapacity of H. In 2016, H was
charged of the abovementioned crimes of murder and fencing. In
the separate criminal cases, the prosecution wants to present W
to testify against H for the crimes charged. H filed a motion to
exclude W from the list of witness on the ground of spousal
immunity and marital privilege. May W testify against H on the
prosecution of the said crimes against H’s will? Explain. (10%)
3. Answer on Question Number 1
1. The following are the distinctions between petition for review on
certiorari and special civil action of certiorari:
– As to the governing rules, petition for review on certiorari is governed by
Rule 45 while special civil action of certiorari is governed by Rule 65.
– As to the issues involved, petition for review on certiorari addresses pure
questions of law while special civil action of certiorari addresses grave abuse
of discretion.
– As to the courts who can entertain the action, petition for review on
certiorari can only be entertained by the Supreme Court while special civil
action of certiorari may be entertained by Regional Trial Court,
Sandiganbayan, Court of Tax Appeals, Court of Appeals and Supreme Court.
– As to the nature of the action, petition for review on certiorari is a mode of
appeal while special civil action of certiorari is an original action.
– As to the jurisdiction exercised by the court, in petition for review on
certiorari, the Supreme Court exercises appellate jurisdiction while in special
civil action of certiorari, the applicable court exercises original jurisdiction.
4. Answer on Question Number 2
2. Section 1 of Rule 41 of the Rules of Court provides that no appeal may be
taken from:
– An order denying a motion for new trial or reconsideration;
– An order denying a petition for relief or any similar motion seeking relief
from judgment;
– An interlocutory order;
– An order disallowing or dismissing an appeal;
– An order denying a motion to set aside a judgment by consent, confession or
compromise on the ground of fraud, mistake or duress, or any other ground
vitiating consent;
– An order of execution;
– A judgment or final order for or against one or more of several parties or in
separate claims, counterclaims, cross-claims and third-party complaints,
while the main case is pending, unless the court allows an appeal therefrom;
and
– An order dismissing an action without prejudice.
5. Answer on Question Number 3
W may testify in the prosecution of the crime
of murder against H even without H’s consent
but W cannot testify in the prosecution of the
crime of fencing against H without H’s consent.
6. Answer on Question Number 3
Section 22 of Rule 130 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 descendants or ascendants. This provision
pertains to disqualification of a spouse as a witness by reason of marriage also known as
spousal immunity. It is applicable during the existence of marriage in order to preserve
the sanctity of marriage. Based on jurisprudence, the following are the reasons for this
rule: (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. The rule forbidding one spouse to testify for or against the
other is based on principles which are deemed important to preserve the marriage
relation as one of full confidence and affection, and that this is regarded as more
important to the public welfare than that the exigencies of the lawsuits should authorize
domestic peace to be disregarded for the sake of ferreting out facts within the knowledge
of strangers. The requisites for spousal immunity to apply are the existence of a valid
marriage; the spouse for or against whom the testimony is offered is a party to the case;
the testimony is one that is offered during the existence of the marriage, and the case is
not one of the exceptions provided in the rule.
7. Answer on Question Number 3
On the other hand, Section 24 paragraph a of Rule 130 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. This provision pertains to disqualification
of a spouse as a witness by reason of privileged communication also
known as marital privilege. It is applicable even beyond dissolution
of marriage to encourage spouses to be honest to each other. The
requisites for the marital privilege to apply are the existence of a
valid marriage; the privilege is invoked with respect to a confidential
communication between the spouses during the said marriage; the
spouse against whom such evidence is being offered has not given
his consent to such testimony; and the exceptions do not apply.
8. Answer on Question Number 3
Applying the Rules on Evidence to the relevant facts of
the case, it is respectfully submitted that W may validly
testify against H in the crime of murder because one of
the requisites of spousal immunity to apply is lacking.
Under the Rules on Evidence, the spousal immunity may
be invoked only during the existence of a valid marriage.
Since the marriage between H and W has already been
nullified by the trial court, H can no longer invoke
spousal immunity. As regards the crime of fencing, W is
disqualified to testify against H because that testimony
is considered privileged communication commonly
known as marital privilege. The requisites of marital
privilege to apply are present in the case at bar.
9. Answer on Question Number 3
Wherefore, based on the foregoing, the motion
filed by H to exclude W in the list of witness in
the crime of murder shall be denied for lack of
merit. On the other hand, the motion filed by H
to exclude W in the list of witness in the crime
of fencing shall be granted.
