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Reviewer Ni Angel in Review Evidence

The document discusses several special rules related to evidence in legal proceedings, including: 1. The Child Witness Rule which applies to criminal and non-criminal proceedings and outlines procedures for child witnesses. 2. Rules related to electronic evidence, environmental cases, and judicial affidavits. 3. Standards for DNA evidence outlined by the Supreme Court, including how samples are collected and tested and the qualifications of analysts.
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0% found this document useful (0 votes)
116 views2 pages

Reviewer Ni Angel in Review Evidence

The document discusses several special rules related to evidence in legal proceedings, including: 1. The Child Witness Rule which applies to criminal and non-criminal proceedings and outlines procedures for child witnesses. 2. Rules related to electronic evidence, environmental cases, and judicial affidavits. 3. Standards for DNA evidence outlined by the Supreme Court, including how samples are collected and tested and the qualifications of analysts.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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TOPIC: SPECIAL RULES ON CHILD WITNESS, DNA EVIDENCE, ELECTRONIC

EVIDENCE, ETC.

I. Child Witness RULE - AM 00-4-07-SC, 9.11.2001

To whom?
- Sec 1
1. Xx
2. Xx
3. Xx
4. xx
- Apply in all criminal and non-criminal proceedings

RAPE SHIELD RULE

II. Electronic evidence rule

III.Rules of Procedure for Environmental case

Oposa v. Factoran
Writ of Kalikasan

Proc # 475 – Closure of Boracay


Consti Art 2, Sec 5 15 16, Art 12, sec 2
Phil Clean Water Act – RA 9275
RA 10121 –

Motivating factor – interest of the general public

Zabal, et al v. Duterte, G.R. No. 238467 – Boracay case


- The act of the President is justified – for the protection of the environment
- Oppose v. factoran

Precautionary principle
- When human activities may lead to irreversible treat to the environment which is
plausible but not scientifically proven,
- Preventive measure
- Exercise caution in the face of risk

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IV. Judicial Affidavit Rule (JAR)
- Applies to all
- Except: small claims

GR: Formal offer is oral


EXN: not practical - Rule 132, Sec. 35 – in writing

DNA Evidence Rule


Pp. v. Vallejo, GR 144656
Standards:
1. How the samples were collected
2. How
3. Procedure
4. Qualifications of the analyst who conducted the test

Pp. v. Rufino omanito, GR 172607

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