Parental Authority Article 315

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Art. 315. No descendant can be compelled, in a criminal case, to testify against his parents and ascendants.


1) The descendant cannont be compelled, but if he wants to testify here, he may do so.


2) The article applies to a criminal, not a civil case.

On the basis of blood relationship and to preserve family harmony, it is provided in the article that no descendant(child or grandchild) shall be compelled, in a criminal case, to testify against his parents and grandparents except:

1.) When such testimony is indispensable in a crime against the decendant (child or grandchild) as when the father is being prosecuted for attempted or frustated parracide against his son or 

daughter; 

2.) When such testimony is indispensable in a crime by one parent against the other as when the wife is criminally suing the husband for concubinage and their child is a material witness to the act of concubinage.  

Note the words "shall be compelled" for there is no need of compelling the child or grandchild who is willing to testify against his or her parent or grandparent. In the the new Rules on Evidence, it is now provided that: "No person may be compelled to testify against his parents, other direct ascendants, children or other direct descendants." (Sec.25, Rule 130, Rules of Court as amended in 1989). Be it noted, however, that should a conflict arise between this new provision and Art.215 of the Family Code, the latter provision shall prevail because a procedural rule must not impair substantive law.