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The doctrine of privileged communication

The Freeman

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April 14, 2025

Whenever a person makes a statement in a court pleadings or document, whatever he says there, as a general rule, cannot be used against him because it is called privileged communication, and he is absolutely immune from suit.

- Atty. Josephus B. Jimenez

That is what the Supreme Court says in accordance with law and jurisprudence.

In the case of Godofredo V. Arquiza v. People of the Philippines, GR no 261627, promulgated on November 13, 2024 by the Supreme Court 3rd Division through the pen of Justice Rosario who opened the decision as follows: "Absolute immunity from suit applies to defamatory statements made not only in judicial proceedings but also in quasi-judicial proceedings, which includes steps necessarily preparatory thereto."

The Supreme Court, however, hastened to interject a condition: "provided that such proceedings afford procedural protections similar to those in judicial proceedings, and that the statement is relevant thereto and is communicated by the author only to those who have a duty to perform with respect to the document containing the statement and to those legally required to be served a copy thereof."

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