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Section 22. Disqualification by Reason of Marriage.: - Before Any Private Document

1) Under Philippine law, a wife may not testify against her husband except for crimes committed against her or her direct descendants. 2) A handwritten letter from Christine Vaugh, the wife of the accused Leonard Vaugh, would be admissible evidence to prove Leonard's acquittal. 3) If representing Christine Vaugh for murder of her husband, a defense could be made that there was collusion in the prior case resulting in Leonard's acquittal, or that Christine acted in passion/obfuscation after discovering her husband's infidelity.

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137 views2 pages

Section 22. Disqualification by Reason of Marriage.: - Before Any Private Document

1) Under Philippine law, a wife may not testify against her husband except for crimes committed against her or her direct descendants. 2) A handwritten letter from Christine Vaugh, the wife of the accused Leonard Vaugh, would be admissible evidence to prove Leonard's acquittal. 3) If representing Christine Vaugh for murder of her husband, a defense could be made that there was collusion in the prior case resulting in Leonard's acquittal, or that Christine acted in passion/obfuscation after discovering her husband's infidelity.

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TO: Atty.

Dorcas Domingo, Domingo Law Firm


FROM: Atty. Avierra Frances Mendoza, Junior Associate
SUBJECT: Witness for Prosecution
DATE: November 09, 2017

Based on the facts of the movie and as applied considering


Philippines law on evidence and jurisprudence, it is not allowed that
the wife may testify against his husband in accordance with Rule 130
of Rules of Court in Admissibility of Evidence:

Section 22. Disqualification by reason of marriage. 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. (20a)

Hence, the wife may only give testimony against her husband if
the crime is committed against her or to her direct ascendants or
descendants.

Yes, the letter which was later obtained as a new evidence to the
acquittal of Leonard Vaugh given by a stranger to Sir Wilfred is an
admissible evidence as it shows that it is a handwritten letter of
Christine Vaugh, Leonard Vaughs wife in accordance with the
provision of Rules of Court:

Section 20. Proof of private document. Before any private document


offered as authentic is received in evidence, its due execution and
authenticity must be proved either:

(a) By anyone who saw the document executed or written; or

(b) By evidence of the genuineness of the signature or handwriting of


the maker.

Section 22. How genuineness of handwriting proved. The


handwriting of a person may be proved by any witness who believes it
to be the handwriting of such person because he has seen the person
write, or has seen writing purporting to be his upon which the witness
has acted or been charged, and has thus acquired knowledge of the
handwriting of such person. Evidence respecting the handwriting may
also be given by a comparison, made by the witness or the court, with
writings admitted or treated as genuine by the party against whom the
evidence is offered, or proved to be genuine to the satisfaction of the
judge.

If I will be the counsel in charge with Christine Vaughs defense for


the crime of murder against her husband, I could set up a defense that
states that there has been collusion between the parties during the
previous case where his husband was previously tried and convicted
which led to the acquittal of her husband and that the sworn statements
in the testimony were fraudulent.

Section 29. How judicial record impeached. Any judicial record may
be impeached by evidence of: (a) want of jurisdiction in the court or
judicial officer, (b) collusion between the parties, or (c) fraud in the
party offering the record, in respect to the proceedings.

Also passion and obfuscation as a mitigating circumstance


provided in the Revised Penal Code can be a good defense since
Christine Vaugh found out that her husband was cheating on her and
only used her to be acquitted of his conviction. There are witnesses
who could testify that her husband also wants to leave her for another
woman and flee to another country where she was enraged and used
a knife to stab him and caused him to bleed to death.

Sincerely Yours,

Avierra Frances Mendoza

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