State Secret
A public officer cannot be examined
during his term of office or afterwards, as to communications made to him in
official confidence, when the court finds that the public interest would suffer
by the disclosure. (Rule 130, Sec. 24 (e)
Requisites:
1. It was made
to the public officer in official confidence
2. Public interest
would suffer by the disclosure of the communication (as in the case of State’s
secrets)
Where no public interest would be prejudiced, the
rule does not apply. (Banco Filipino vs.
Monetary Board, G.R. No. 70054, July 8, 1986)
• Newsman’s Privilege
Sec. 1. Without prejudice to his liability under the civil
and criminal laws, the publisher, editor, columnist or duly accredited reporter
of any newspaper, magazine or periodical of general circulation cannot be
compelled to reveal the source of any news-report or information appearing in
said publication which was related in confidence to such publisher, editor or
reporter unless the court or a House or committee of Congress finds that such
revelation is demanded by the security of the State. (RA 53, as amended by RA 1477)
Requisites
of newsman’s privilege:
1. publisher,
editor, columnist or duly accredited reporter
2. of
any newspaper, magazine or periodical of general circulation
3. cannot
be compelled to reveal
4. as to
the source of any news report or information appearing in said publication
5. related
in confidence
Exception: Court, a House or committee of Congress
finds that such revelation is demanded by the security of the State.
• Article 233 of Labor Code
All information and statements made at conciliation proceedings shall be
treated as privileged communications and shall not be used as evidence in the
NLRC, and the conciliators and similar officials shall not testify in any court
or body regarding the matter taken up at the conciliation proceedings conducted
by them.
• Alternative Dispute Resolution Act (RA 9285)
Sec 9 (a) –
Information obtained through mediation shall be privileged and confidential.
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