Sec. 25. Parental and filial privilege.—No person may be compelled to testify against his parents, other direct ascendants, children or other direct descendants.
Who may not be compelled to testify?
1. Person against his parents or other direct ascendants (FILIAL PRIVILEGE)
2. Person against his children or other direct descendants (PARENTAL PRIVILEGE)
Rationale of the rule
To preserve the harmonious relations between parent and child which could ruptured through testifying in court. Furthermore, perjury may result because the parent or the child may give false testimony to protect the other.
Testimonial privilege not a testimonial disqualification
Note that this is a testimonial privilege, not a testimonial disqualification (§22-24 of Rule 130). Here, the witness is the holder of the privilege and has the power to invoke or waive the privilege. He cannot be compelled but he is not prohibited to testify. The relative against whom he is testifying cannot invoke nor waive the privilege.
Can a parent testify against a child or a descendant?
Yes. But he cannot be compelled.
Can a child testify against his parent or ascendant?
Yes. But he cannot be compelled.
Instance when a child can be compelled to testify
"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". (Art. 215
Family Code)
Hence,
a descendant may be compelled to testify in a criminal case where:
1. the descendant-witness himself is
the victim, or
2. the descendant-witness’s parent
commits a crime against the descendant-witness’s other parent.
and the testimony of the descendant is indispensable. In such cases, the descendant can be required to testify.
Note that an ascendant may not be
compelled to testify even if it is a crime by the descendant against the
ascendant-witness. The ascendant-witness may testify voluntarily though.
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