PARENTAL AND FILIAL PRIVILEGE RULE:

     Under Section 25, Rule 130 of the Rules of Evidence “No person may be compelled to testify against his parents, other direct ascendants, children or other direct descendants.” The above is an adaptation from a similar provision in Article 315 of the Civil Code that applies only in criminal cases. But those who revised the Rules of Civil Procedure chose to extend the prohibition to all kinds of actions, whether civil, criminal, or administrative, filed against parents and other direct ascendants or descendants. In Emma Lee vs. Court of Appeals, the Supreme Court stated that the person who invokes the filial privilege rule, claims that she is the stepmother of petitioner Emma Lee. The privilege cannot apply to them because the rule applies only to "direct" ascendants and descendants, a family tie connected by a common ancestry.  A stepdaughter has no common ancestry by her stepmother.

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