Practice question
Counsel submits a relevant allegation as a necessary preliminary step to a quasi-judicial proceeding. The proceeding provides protections comparable to judicial process, and the submission is communicated only to duty-bound officers and legally required recipients. The adversary says absolute privilege is impossible because the hearing has not yet begun. Which answer follows Arquiza?
- The absence of a begun hearing alone defeats the claim
- Every document sent anywhere before a hearing is privileged
- The claim must be assessed under the four-fold test, which includes necessary preliminary steps; absence of a begun hearing alone is not decisive
- The privilege depends solely on whether the adversary likes the allegation
- The filing automatically proves the allegation's truth
Legal references
- Arquiza v. People, G.R. No. 261627, November 13, 2024, MAIN decision, absolute privilege and four-fold test: https://www.lawphil.net/judjuris/juri2024/nov2024/gr_261627_2024.html
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