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AllBar 2024REMEDIAL LAW, LEGAL AND JUDICIAL ETHICSVII. EVIDENCE (A.M. No. 19-08-15-SC)A. Key Concepts5. Admissibility, Relevance and Competence - Rule 128

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Question

A. Key Concepts: Admissibility, Relevance, and Competence - Rule 128

1. Dino was charged with theft before the Regional Trial Court. During the trial, the prosecutor presented a video footage taken from a surveillance camera showing Dino entering the building where the theft occurred. The defense counsel objected to the admission of the video footage, claiming that it is irrelevant to prove Dino's guilt or innocence. Is the objection valid? Explain.

2. Maria filed a civil case for damages against her former employer, Company X. During the trial, Maria's counsel offered a witness who will testify about the alleged negligence of Company X. However, the witness is unable to personally recall the details of the incident and can only provide hearsay information. Should the witness be allowed to testify? Discuss.

3. In a criminal trial, the prosecution presented a DNA analysis report as evidence against the accused. The defense counsel objected, arguing that the DNA report was not properly authenticated by the expert who conducted the analysis. Is the objection valid? Explain.

4. The defendant in a criminal case filed a motion for the exclusion of a confession made during custodial investigation, asserting that it was obtained through coercion and torture. The prosecution argues that the confession is admissible as it was made voluntarily. Should the confession be excluded? Discuss.


Answer

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