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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

Consider the following scenario:

Marie is facing a criminal trial for the murder of her husband. During the trial, a key piece of evidence is a handwritten letter allegedly written by Marie confessing to the crime. The letter was found in her personal belongings a few days after the murder. Marie's defense counsel seeks to have the letter excluded from evidence, arguing that it is irrelevant and inadmissible.

Based on the given scenario, discuss the following:

  1. Is the handwritten letter admissible as evidence in court? Explain your answer.
  2. What is the standard for determining the admissibility of evidence under Rule 128?
  3. Can the defense counsel argue that the handwritten letter is inadmissible due to its irrelevance? Why or why not?
  4. Assuming the letter is found to be admissible, can the defense counsel challenge its credibility or competence? Explain your answer.

Note: Ensure that your answers are based on the Philippine Rules of Court. Cite specific provisions of the rules, if applicable, to support your arguments.


Answer

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