Attorney-client privilege is embodied in the Philippine Rules of Court ("Rules") and the Code of Professional Responsibility for lawyers ("Code").

Under the Rules, attorneys or persons reasonably believed by the client to be licensed to engage in the practice of law cannot, without clients' consent, testify or be examined as to any communication made by the client to them or as to their advice given on such a communication in the course of, or with a view to, professional employment; nor can an attorney's secretary, stenographer or clerk or other persons assisting the attorney testify or be examined, without the consent of the client and the attorney, concerning any fact the knowledge of which has been acquired in such capacity. The Code requires a lawyer to preserve the confidence and secrets of their client even after the attorney-client relationship is terminated. It further provides that a lawyer shall not reveal a client's confidences or secrets except:

• If the services or advice of the lawyer were sought or obtained to enable or aid anyone to commit or plan to commit what the client knew or reasonably should have known to be a crime or fraud
• As to a communication relevant to an issue between parties who claim through the same deceased client, regardless of whether the claims are by testate or intestate or by inter vivos transaction
• As to a communication relevant to an issue of breach of duty by the lawyer to their client or by the client to their lawyer
• As to a communication relevant to an issue concerning an attested document to which the lawyer is an attesting witness
• As to a communication relevant to a matter of common interest between two or more clients if the communication was made by any of them to a lawyer retained or consulted in common, when offered in an action between any of the clients, unless they have expressly agreed otherwise

In order for a communication or information to fall under the coverage of attorney-client privilege, the following requisites must be present:

There must be an attorney-client relationship

The relationship of attorney and client must exist at the time the communication is made. This relationship exists when a client employs an attorney for the purpose of obtaining legal services, advice or opinion concerning the client's rights or obligations relative to the subject matter of the communication. The test is whether the communications are made to an attorney with a view to obtaining professional assistance or advice.

There must be communication between the client and the attorney

The privilege is not confined to verbal or written communications made by the client to the attorney. It also includes information communicated by the attorney to the client by actions, signs, or other means.

The communication must be made in confidence for the purposes of the attorney-client relationship. Confidentiality must be contemplated. Thus, communications made by the client to the lawyer in the presence of third parties who are not agents of either the client or the attorney are not covered by the privilege.

The work product of a lawyer, including effort, research and thought, contained in the lawyer's files, is privileged.

Communication must have been made in the course of or with a view to professional employment

A communication to an attorney is said to be in the attorney's professional capacity when the client makes the communication with the purpose of obtaining legal services, advice or opinion concerning the client's legal rights, obligations or duties relative to the subject matter of the communication. The communication must be connected with the matter for which the attorney has been employed. It is not necessary that the communication be made in connection with pending or current litigation.

In the absence of any of the requisites detailed above, the communication or information ceases to be covered by the attorney-client privilege rule.