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Rule 28 Section 4

By requesting or obtaining the report from a court-ordered examination, or by deposing the examiner, the party examined waives any privilege they may have (1) in that legal action, and (2) in any other legal action involving the same subject matter, regarding the testimony of anyone else who has examined or may examine them regarding the same mental or physical condition. Privileges that could be waived include doctor-patient privilege, psychiatrist-patient privilege, and privileges involving confidential medical records.

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149 views2 pages

Rule 28 Section 4

By requesting or obtaining the report from a court-ordered examination, or by deposing the examiner, the party examined waives any privilege they may have (1) in that legal action, and (2) in any other legal action involving the same subject matter, regarding the testimony of anyone else who has examined or may examine them regarding the same mental or physical condition. Privileges that could be waived include doctor-patient privilege, psychiatrist-patient privilege, and privileges involving confidential medical records.

Uploaded by

Alex Rabanes
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Rule 28

Section 4

Section 4. Waiver of privilege.— By requesting and obtaining a report of


the examination so ordered or by taking the deposition of the examiner, the
party examined waives any privilege he may have in that action or any other
involving the same controversy, regarding the testimony of every other
person who has examined or may thereafter examine him in respect of the
same mental or physical examination. (4)

What is the EFFECT of requesting and obtaining a report of the


examination so ordered or by taking the deposition of the examiner?

A. The party examined waives any privilege he may have in that action;
or

B. The party examined waived any privilege in any other involving the
same controversy, regarding the testimony of every other person who
has examined or may thereafter examine him in respect of the same
mental or physical examination

Examples of privileges in respect to mental or physical examination


that may be waived, but not limited to;

I. Doctor - Patient privileged communication

Under the Philippine Medical Association’s Code of Ethics patient privacy and
confidentiality is covered by Article 2. Duties of Physicians to their Patients, in the PMA
Code:

“Section 6. The physician should hold as sacred and highly confidential whatever may be
discovered or learned pertinent to the patient even after death, except when required in
the promotion of justice, safety and public health.”

II. Psychiatrist - Patient privileged communication


Under RA 11036 or the Mental Health Act, the privacy of the patients must be
assured at all stages of his treatment. The patient has the right to be free from
unwarranted public exposure, except in the following cases:

The patient has the right to demand that all information, communication and records
pertaining to his care be treated as confidential. Any health care provider or practitioner
involved in the treatment of a patient and all those who have legitimate access to the
patient's record is not authorized to divulge any information to a third party who has no
concern with the care and welfare of the patient without his consent, except:

1 When such disclosure will benefit public health and safety;


2 When it is in the interest of justice and upon the order of a competent
court; and
3 When the patients waives in writing the confidential nature of such
information;
4 When it is needed for continued medical treatment or advancement
medical science subject to de-identification of patient and shared medical
confidentiality for those who have access to the information.

Informing the spouse or the family to the first degree of the patient’s medical
condition may be allowed; provided, that the patient of legal age shall have the right to
choose on whom to inform. In case the patient is not of legal age or is mentally
incapacitated, such information shall be given to the parents, legal guardian or his next of
kin.

Hence, the Rule is clear that if the report of examination so ordered by


the court or if the examiner’s deposition is being taken, the party examined
cannot invoke such privileges mentioned above but not limited thereof. They
are being waived.

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