Committee on Justice chair Rey Umali stated House members should determine whether or not to permit Tish Bautista to face as a witness in the impeachment case of her husband, Commission on Elections Chair Andy Bautista.
Umali famous that the Rules of Court prohibut spouses from testifying against the opposite besides when the complain was between the 2.
“Spousal privilege is only applicable in criminal cases. Ang problema natin, ang impeachment cases are sui generis so it is a class in itself. So it can neither be considered as criminal or admin or civil no. Neither of the three. Again this is a novel issue that has to be considered,” stated Umali in an interview with DZBB anchor-reporter Rowena “Weng” Salvacion.
Under Section 22 of Rule 130 of the Rules of Court: “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.”
Under Section 24 of the ‘Disqualification by reason of privileged communication’ : “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.”
Majority Leader Rudy Farinas declared that until Tish would testify in the impeachment, her affidavit against her husband can be thought-about rumour and inadmissible.
Umali stated “public trust” was the central concern in the impeachment filed against Bautista. If the members have misplaced their belief in the Comelec Chair, Umali stated that might be the premise of their vote whether or not enable Tish to talk on her husband’s uneplained wealth particularly his alleged kickbacks and secret deposits in Luzon Development Bank.
“That will be part of what will guide the members in making his or her vote for purposes of determining whether it is sufficient in form, substance and in the determination of probable cause,” stated Umali.