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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