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AllBar 2024REMEDIAL LAW, LEGAL AND JUDICIAL ETHICSVII. EVIDENCE (A.M. No. 19-08-15-SC)C. Presentation of Evidence (Rule 132)1. Examination of Witnesses - Sections 1-18

Question

Subject: Presentation of Evidence (Rule 132)

Examination of Witnesses - Sections 1-18

1. During a murder trial, the prosecution presents a witness who claims to have seen the accused near the crime scene. The defense lawyer objects, stating that the witness lacks personal knowledge and is not competent to testify. The prosecution argues that the witness's testimony should be allowed based on the "doctrine of necessity."

2. In a contract dispute case, the plaintiff calls as a witness an expert who is known for his expertise in the industry relevant to the contract. The defendant objects, arguing that the witness does not meet the requirements for an expert witness under the Rules of Court.

3. In a child custody case, a parent presents a character witness who testifies about the parent's positive qualities as a responsible and caring person. The opposing party objects, asserting that character evidence is not admissible in such cases.

  1. Discuss whether the testimony of the witness in scenario 1 should be allowed, considering the doctrine of necessity and its applicability.
  2. Analyze whether the expert witness in scenario 2 meets the requirements set forth in the Rules of Court.
  3. Determine the admissibility of character evidence in scenario 3 and explain the applicable rules.



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