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AllBar 2024REMEDIAL LAW, LEGAL AND JUDICIAL ETHICSVIII. LEGAL AND JUDICIAL ETHICS WITH PRACTICAL EXERCISESB. Code of Professional Responsibility and Accountability (A.M. No. 22-09-01-SC)D. Practical Exercises1. Judicial Affidavit

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Question

Subject: Practical Exercises

D. Judicial Affidavit

Consider the following scenario:

Witness A is scheduled to testify in a criminal case pending before the Regional Trial Court. The defense counsel submitted a Judicial Affidavit of Witness A pursuant to Republic Act No. 6981 or the Judicial Affidavit Rule, which allows for the submission of affidavits in lieu of direct testimony in certain cases. However, the prosecution objects to the Judicial Affidavit and insists that Witness A should testify orally in open court.

Based on the given scenario, answer the following question:

  1. Discuss the nature and purpose of the Judicial Affidavit Rule in the Philippines.
  2. Is the objection of the prosecution valid? Explain your answer.

Disclaimer: This scenario is fictional and all statements should be treated as such.


Answer

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