Dear PAO, My aunt recently received a subpoena to testify in a petition filed against her stepdaughter for the deletion of the surname 'Perez' from her certificate of live birth.
Dear PAO, My aunt recently received a subpoena to testify in a petition filed against her stepdaughter for the deletion of the surname 'Perez' from her certificate of live birth. However, my aunt does not want to testify. From my research, I learned that the court cannot compel my aunt to testify because she is an ascendant of her stepdaughter and may be covered by testimonial privilege. Please enlighten me.
The exception provided under this rule is an incorporation of the provision of Article 215 of the Family Code, which states:'No descendant shall be compelled, in a criminal case, to testify against his parents and grandparents, except when such testimony is indispensable in a crime against the descendant or by one parent against the other.'In the situation you mentioned, please be informed of the Supreme Court decision in the case of Lee v. Court of Appeals et al.
Is Parental And Filial Privilege In Giving Testimonies?
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