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Icutanim v.

Hernandez
G.R. No. L-1709 June 8, 1948
FACTS: Icutanim is charged with parricide for having killed his child of tender
age. At the trial, the prosecution called to the witness stand his wife who is the
mother of the deceased child. Petitioner objected to his wife testifying against
him.
ISSUE: Whether or not, in this case, the wife may testify against the husband?
HELD: Yes. The trial court overruled the objection, on the ground that
crime committed is against her; and for that reason the rule invoked does
apply. Rule 130 Sec. 22 provides:
Disqualification by reason of marriage- During the marriage neither
husband nor the wife may testify for or against the other without
consent of the affected spouse, except in a civil case by one against
other, or in a criminal case for a crime committed by the one against
other or the latters direct descendants or ascendants

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